Agenda packet — Madera City Council, February 21, 2024 (part 1 of 2)

Update 2/14/2024 at 8:30 p.m. Madera City Council Agenda Page 1 of 4 February 21, 2024

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

NOTICE AND AGENDA
Wednesday, February 21, 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 4487 0663#. 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: David Doughtery, Valley State Prison Chaplain 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 2/14/2024 at 8:30 p.m. Madera City Council Agenda Page 2 of 4 February 21, 2024
PRESENTATIONS: None
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 – February 7, 2024, February 14, 2024
Recommendation: Approve the City Council Minutes of February 7, 2024 and February 14, 2024 (Report by Alicia Gonzales)
B-2 Informational Report on Register of Audited Demands Recommendation: Review Register of Audited Demands Report for January 27, 2024 to February 9, 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 Terminating the Declaration of the Local State of Emergency related to the Closure of Madera Community Hospital
Recommendation: Adopt a Resolution Terminating the Declaration of the Local Emergency Due to the Closure of the Madera Community Hospital (Report by Arnoldo Rodriguez)
B-5 Acceptance of the Local Government Waste Tire Amnesty Grant Program from the California Department of Resources Recycling and Recovery
Recommendation: Adopt Resolutions:

1. Accepting the grant award in the amount of $90,000; and

2. Amending the City’s 2023/24 Budget to reflect revenues and expenditures related to the grant (Report by Giachino Chiaramonte) B-6 Amendment No. 3 to Agreement with GHD, Inc. for Professional Engineering Services Relating to the Lake Street, 4th Street, and Central Avenue Intersection Recommendation: Adopt a Resolution Approving Contract Amendment No. 3 for Professional Engineering Services for $23,388.75 (Report by Keith Helmuth)
B-7 Contract Award for Pavement Distress Survey and Analysis Recommendation: Adopt a Resolution Awarding the Contract for Pavement Distress Survey and Analysis, City Project No. ENG-000G for $110,900 to Nichols Consulting Engineers (NCE) (Report by Keith Helmuth)
B-8 Consider an Ordinance to Amend Section 8-7.08 (D) of the Madera Municipal Code Involving Delinquent Date for Payment of Municipal Utilities
Update 2/14/2024 at 8:30 p.m. Madera City Council Agenda Page 3 of 4 February 21, 2024
Recommendation: Waive Full Reading and Adopt 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 by Title Only (Report by Michael Lima) B-9 Second Reading and Adoption of an Ordinance to Rezone ±57.53 Acres of Property Located on the Southwest Corner of the Intersection of West Pecan Avenue and Stadium Road (Rd 26½) (REZ 2023-04)
Recommendation: Waive Full Reading and Adopt an Ordinance of the City Council of the City of Madera Approving Rezone 2022-04 Amending the City of Madera Zoning Map to Rezone Approximately 57.53-acre 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, by Title Only (Report by Will Tackett)
C. PUBLIC HEARINGS:

C-1 6:45 P.M. - Public Hearing No. 5 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 Adoption of Updated District Boundary to Include Property Annexed into the City Recommendation: Introduce, by Title Only, an Ordinance of the City Council of the City of Madera Amending Subsection C (1) of Section 2-1.21 of the City Municipal Code to Adopt Revised District Boundaries, and Waive the First Reading (Report by Alicia Gonzales)
D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS:

D-1 Piggyback Purchase Agreement for Police Department Firearm Purchase Recommendation: Adopt a Resolution Approving Purchasing Cooperative of America (PCA) Piggyback Agreement OD-337-21 for the Purchase of New Police Firearms from Proforce Marketing, Inc. DBA Proforce Law Enforcement (Proforce) for $94,626.96 (Report by Giachino Chiaramonte)
E. ADMINISTRATIVE REPORTS:

E-1 Spanish Language Interpretation at City Council Meetings Recommendation: Deliberation and Direction from Council (Report by Alicia Gonzales) 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:

Update 2/14/2024 at 8:30 p.m. Madera City Council Agenda Page 4 of 4 February 21, 2024
UPCOMING MEETING DATES:
 Wednesday, March 6, 2024
 Wednesday, March 20, 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.

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 21, 2024, near the front entrances of City Hall and on the City’s website www.madera.gov at 8:30 p.m. on February 15, 2024. _______________________
Alicia Gonzales, City Clerk
City of Madera City Council Minutes
205 W. 4th Street February 7, 2024
Madera, CA 93637 Page 1 of 9

Minutes of a Regular Meeting of the Madera City Council 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: Meeting was called to order at 6:00 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 (Arrived at 6:12 p.m.) Councilmember Elsa Mejia, District 5
Councilmember Artemio Villegas, District 6

Absent: Councilmember Anita Evans, District 4
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, Director of Human Resources Wendy Silva, Director of Information Technology Gary Price, Director of Parks and Community Services Joseph Hebert, Public Works Director Ismael Hernandez, Wastewater Treatment Plant Manager Gabriel Bostan, Senior Planner Robert Smith, Assistant Engineer Raquel Cardenas and Police Lieutenant Alicia Videgain.

INVOCATION: Chaplain David Doughtery, Valley State Prison PLEDGE OF ALLEGIANCE: Councilmember Rodriguez
APPROVAL OF AGENDA:

ON MOTION BY MAYOR PRO TEM GALLEGOS AND SECONDED BY COUNCILMEMBER MEJIA, THE AGENDA WAS APPROVED BY A 5/0 VOTE. AGENDA ITEMS E-3 AND THEN E-2 WILL BE HEARD AFTER THE CONSENT CALENDARE. NOES: NONE. ABSENT: COUNCILMEMBERS MONTES AND EVEANS. ABSTAIN:

NONE.

Item: B-1
Minutes for: 02/07/2024
Adopted: 02/21/2024
City of Madera City Council Minutes
205 W. 4th Street February 7, 2024
Madera, CA 93637 Page 2 of 9
PUBLIC COMMENT:

No Public Comment was presented. Public Comment was closed.

WRITTEN COMMUNICATIONS: None
PRESENTATIONS:

1. Proclamation Recognizing February as Black History Month

2. Mid Valley Disposal Recycler of the Year Award

3. Madera County Arts Authority Update – The video that Chairman of the Board Julia O’Kane brought for Council viewing kept glitching, so Ms. O’Kane said she would bring it back to Council at a later date.

INTRODUCTIONS: None
A. WORKSHOP: None
B. CONSENT CALENDAR:

ON MOTION BY COUNCILMEMBER VILLEGAS AND SECONDED BY COUNCILMEMBER MONTES, THE CONSENT CALENDAR WAS APPROVED UNANIMOUSLY BY A 6/0 VOTE. NOES: NONE.

ABSENT: COUNCILMEMBER EVANS. ABSTAIN: NONE.

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)
City of Madera City Council Minutes
205 W. 4th Street February 7, 2024
Madera, CA 93637 Page 3 of 9
RES 24-18 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
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)
RES 24-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

ADOPTING THE CITY OF MADERA FULL TIME SALARY SCHEDULE
EFFECTIVE DECEMBER 30, 2023
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) RES 24-20 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 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)
RES 24-21 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
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, City of Madera City Council Minutes
205 W. 4th Street February 7, 2024
Madera, CA 93637 Page 4 of 9
LLC for Certain Improvements Completed in Connection to the Reimbursement Agreement (Agreement) (Report by Keith Helmuth) RES 24-22 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
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) No Public Comment was presented. Public Comment was closed.

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) Mayor Pro Tem Gallegos recused herself from this item and left the room. She returned after this item was voted on.

No Public Comment was presented. Public Comment was closed.

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER VILLEGAS, ITEM C-2 WAS APPROVED BY A 5/1 VOTE. NOES: NONE. ABSENT: COUNCILMEMBER EVANS.

ABSTAIN: MAYOR PRO TEM GALLEGOS.

INTRO ORD 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
D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS:

D-1 California Partnership for the San Joaquin Valley Nominees City of Madera City Council Minutes
205 W. 4th Street February 7, 2024
Madera, CA 93637 Page 5 of 9
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)

ON MOTION BY MAYOR PRO TEM GALLEGOS AND SECONDED BY COUNCILMEMBER RODRIGUEZ, COUNCILMEMBERS MEJIA AND MONTES WERE NOMINATED. ITEM D-1 WAS APPROVED UNANIMOUSLY BY A 6/0 VOTE. NOES: NONE. ABSENT: COUNCILMEMBER EVANS. ABSTAIN: NONE.

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)
No Public Comment was presented. Public Comment was closed.

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

COUNCILMEMBER EVANS. ABSTAIN: NONE.

INTRO ORD 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
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)
No Public Comment was presented. Public Comment was closed.

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER VILLEGAS, ITEM D-3 WAS APPROVED UNANIMOUSLY BY A 6/0 VOTE. NOES: NONE. ABSENT:

COUNCILMEMBER EVANS. ABSTAIN: NONE.

RES 24-23 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.

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)
No Public Comment was presented. Public Comment was closed.

City of Madera City Council Minutes
205 W. 4th Street February 7, 2024
Madera, CA 93637 Page 6 of 9

ON MOTION BY MAYOR PRO TEM GALLEGOS AND SECONDED BY COUNCILMEMBER MONTES, ITEM D-4 WAS APPROVED UNANIMOUSLY BY A 6/0 VOTE. NOES: NONE. ABSENT:

COUNCILMEMBER EVANS. ABSTAIN: NONE.

RES 24-24 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)
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)
No Public Comment was presented. Public Comment was closed.

ON MOTION BY MAYOR PRO TEM GALLEGOS AND SECONDED BY COUNCILMEMBER VILLEGAS, ITEM D-5 WAS APPROVED UNANIMOUSLY BY A 6/0 VOTE. NOES: NONE. ABSENT:

COUNCILMEMBER EVANS. ABSTAIN: NONE.

RES 24-25 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
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)
No Public Comment was presented. Public Comment was closed.

ON MOTION BY MAYOR PRO TEM GALLEGOS AND SECONDED BY COUNCILMEMBER

RODRIGUEZ, THE RECIPIENT OF THE RED CROSS MONTH PROCLAMATION WILL BE CATRINA OR GAIL WHO ARE THE MADERA REPRESENTATIVES. ITEM WAS APPROVED UNANIMOUSLY BY A 6/0 VOTE. NOES: NONE. ABSENT: COUNCILMEMBER EVANS. ABSTAIN: NONE.

ON MOTION BY COUNCILMEMBER MEJIA AND SECONDED BY COUNCILMEMBER MONTES, THE RECIPIENT OF THE WOMEN’S HISTORY MONTH PROCLAMATION WILL BE GAIL McINTYRE.

ITEM WAS APPROVED UNANIMOUSLY BY A 6/0 VOTE. NOES: NONE. ABSENT:

COUNCILMEMBER EVANS. ABSTAIN: NONE.

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)
City of Madera City Council Minutes
205 W. 4th Street February 7, 2024
Madera, CA 93637 Page 7 of 9
A member of the public spoke in favor of the proclamation.

Omair Javaid of the Madera Islamic Center thanked Council for this discussion item.

Theodore Nassar, M.D. an OB/GYN physician of 44 years in Madera spoke in favor of the proclamation.

Razan Kaileh a physician in Madera spoke in favor of the proclamation.

Mohammad Ashraf, M.D., a physician in Madera spoke in favor of the proclamation.

Lori Garcia, a retired teacher spoke in favor of the proclamation.

Lutfi Escheik (Lefty) of Madera Unified School District spoke in favor of the proclamation.

A member of the public, a civil engineer, spoke in favor of the proclamation.

Jahayla (child) read a story on the conflict. She was in favor of the proclamation.

Hanan read a poem she wrote. She was in favor of the proclamation.

Siddique Qadri, M.D. spoke in favor of the proclamation.

A member of the public, owner of Service Master, spoke in favor of the proclamation.

Michelle Garcia empathizes with both sides of the conflict and feels a proclamation would not help.

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

ON MOTION BY MAYOR GARCIA AND SECONDED BY COUNCILMEMBER VILLEGAS TO ADOPT ITEM E-2 AS PRESENTED FAILED BY A 2/2 VOTE. NOES: COUNCILMEMBERS RODRIGUEZ AND MONTES. ABSENT: COUNCILMEMBER EVANS. ABSTAIN: MAYOR PRO TEM GALLEGOS AND COUNCILMEMBER MEJIA.

THE MOTION FAILED WITH THE FOLLOWING ROLL CALL VOTE:

YES: 2 - COUNCILMEMBER VILLEGAS

MAYOR GARCIA
NO: 2 - COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES
ABSTAIN: 2 - MAYOR PRO TEM GALLEGOS

COUNCILMEMBER MEJIA
ABSENT: 1 - COUNCILMEMBER EVANS

ON MOTION BY COUNCILMEMBER RODRIGUEZ AND SECONDED BY COUNCILMEMBER MONTES, ITEM E-2 TO FORM A COMMITTEE COMPRISED OF MAYOR GARCIA,

COUNCILMEMBER RODRIGUEZ, CITY MANAGER OR HIS DESIGNEE AND OMAIR JAVAID

AND/OR DESIGNEE TO DISCUSS AN INCLUSIVE CEASE FIRE PROCLAMATION WAS APPROVED UNANIMOUSLY BY A 6/0 VOTE. NOES: NONE. ABSENT: COUNCILMEMBER EVANS. ABSTAIN:

NONE.

E-3 Caltrans State Route 145 Yosemite Avenue Project Update City of Madera City Council Minutes
205 W. 4th Street February 7, 2024
Madera, CA 93637 Page 8 of 9
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)
No Public Comment was presented. Public Comment was closed.

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)
No Public Comment was presented. Public Comment was closed.

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)
No Public Comment was presented. Public Comment was closed.

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY MAYOR PRO TEM GALLEGOS, ITEM E-5 WAS APPROVED UNANIMOUSLY BY A 6/0 VOTE. NOES: NONE. ABSENT: NONE.

ABSTAIN: NONE.

F. COUNCILMEMBER REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS:

Mayor Pro Tem Gallegos recognized the work that the Water Division crew is doing in connection with water breaks throughout the City. She expressed her condolences to the families of Steve Copland, Steve Sagouspe and condolences to (Board of Supervisors) Chief of Staff Nick Salinas on the passing of his mother.

Councilmember Rodriguez expressed his condolences to the families of Steve Copland and Steve Sagouspe. Covid is still out there, and everyone needs to take precautions.

Councilmember Montes expressed his condolences to the families of Steve Copland, Steve Sagouspe and condolences to (Board of Supervisors) Chief of Staff Nick Salinas on the passing of his mother.

Councilmember Mejia had nothing to report.

Councilmember Villegas stated he will be attending a meeting on March 22nd regarding air quality in the Yosemite Valley. He will also be attending a meeting in June on the same topic.

Mayor Garcia mentioned the Police Department awards and promotions event and congratulated the Madera County Agriland Fire Station on their opening.

G. CLOSED SESSION: None
City of Madera City Council Minutes
205 W. 4th Street February 7, 2024
Madera, CA 93637 Page 9 of 9
ADJOURNMENT: Meeting was adjourned at 9:25 p.m.

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

ALICIA GONZALES, City Clerk SANTOS GARCIA, Mayor
_______________________________________

MINUTES PREPARED BY
ZELDA LEÓN, Deputy City Clerk

Minutes of a Special Meeting of the Madera City Council February 14, 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: 845 7632 9530#. Comments will also be accepted via email at [email protected] or by regular mail at 205 W. 4th Street, Madera, CA 93637.

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

ROLL CALL:

Present: Mayor Santos Garcia
Mayor Pro Tem 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
Others present were City Manager Arnoldo Rodriguez, City Clerk Alicia Gonzales, City Attorney Shannon L. Chaffin and Chief of Police Giachino Chiaramonte.

INVOCATION: David Dougherty, CDC Chaplain
PLEDGE OF ALLEGIANCE: Councilmember Villegas
APPROVAL OF AGENDA:

ON MOTION BY COUNCILMEMBER EVANS AND SECONDED BY MAYOR PRO TEM GALLEGOS, THE AGENDA WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE. NOES: NONE. ABSENT: NONE. ABSTAIN:

NONE.

PUBLIC COMMENT:

Members of the public shall have an opportunity to address the City Council regarding matters on this Agenda at the time the agenda item is called. Speakers should limit their comments to three (3) minutes.

A. ADMINISTRATIVE REPORTS:

A-1 Proclamation Affirming Madera’s Commitment and Support for an Immediate and Permanent Ceasefire in all of Gaza
Item: B-1
Minutes for: 02/14/2024s
Adopted: 02/21/2024
City of Madera City Council Minutes
205 W. 4th Street February 14, 2024
Madera, CA 93637 Page 2 of 2
Recommendation: Adopt a Minute Order approving a Proclamation Affirming Madera’s Commitment and Support for an Immediate and Permanent Ceasefire in all of Gaza (Report by Alicia Gonzales)
A member of the public thanked Council for their time and consideration on this item.

A member of the public spoke in favor of the proclamation.

Lori Garcia told a story of a child in Gaza who asked for help but assistance was not able to reach her in time. Ms. Garcia spoke in favor of the proclamation.

Yasser, stated that one of his family members has been killed in Gaza. He spoke in favor of the proclamation.

A member of the public spoke in favor of the proclamation.

Leila Gawish spoke in favor of the proclamation.

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

ON MOTION BY MAYOR GARCIA AND SECONDED BY COUNCILMEMBER MEJIA, ITEM A-1 WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE.

ADJOURNMENT: Meeting was adjourned at 6:41 p.m.

UPCOMING MEETING DATES:
 Wednesday, February 21, 2024
 Wednesday, March 6, 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 21, 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 27, 2024 to February 9, 2024 SUMMARY:

The Register of Audited Demands for the City covering obligations paid during the period of January 27, 2024 to February 9, 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 38361 – 38507 $3,097,975.68
Table 2: Wire Transfer Summary
Description Vendor Amount
Payroll and Taxes US Bank $660,712.81
SDI EDD $2,222.44
CalPERS Payment CalPERS $144,349.56
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 38361 02/01/2024 PD OPS PD OPS VASQUEZ, RYAN PER DIEM - FORCE OPTIONS USE OF FORCE/DE-ESCLATION 296.25 $ 38362 02/01/2024 ENGINEERING ENGINEERING ACRO SERVICE CORPORATION TEMP SERVICES - ENGINEERING 5,320.00 $ 38363 02/01/2024 PW ADMIN AIRPORT OPS SERVICEMASTER BY J&C BROWN JANITORIAL SERVICES 01/24 375.65 $ 38363 02/01/2024 PW ADMIN CENTRAL ADMIN SERVICEMASTER BY J&C BROWN JANITORIAL SERVICES 01/24 3,977.86 $ 38363 02/01/2024 PW ADMIN COMM & REC SERVICEMASTER BY J&C BROWN JANITORIAL SERVICES 01/24 7,667.01 $ 38363 02/01/2024 PW ADMIN ENGINEERING SERVICEMASTER BY J&C BROWN JANITORIAL SERVICES 01/24 3,031.18 $ 38363 02/01/2024 PW ADMIN FINANCE SERVICEMASTER BY J&C BROWN JANITORIAL SERVICES 01/24 237.47 $ 38363 02/01/2024 PW ADMIN INTERMODAL BLDG SERVICEMASTER BY J&C BROWN JANITORIAL SERVICES 01/24 568.33 $ 38363 02/01/2024 PW ADMIN SEWER OPS SERVICEMASTER BY J&C BROWN JANITORIAL SERVICES 01/24 733.72 $ 38363 02/01/2024 PW ADMIN SOLID WASTE SERVICEMASTER BY J&C BROWN JANITORIAL SERVICES 01/24 733.72 $ 38363 02/01/2024 PW ADMIN TRANS - FIXED SERVICEMASTER BY J&C BROWN JANITORIAL SERVICES 01/24 948.94 $ 38363 02/01/2024 PW ADMIN TRANS - DAR SERVICEMASTER BY J&C BROWN JANITORIAL SERVICES 01/24 948.94 $ 38363 02/01/2024 PW ADMIN UB - GARBAGE SERVICEMASTER BY J&C BROWN JANITORIAL SERVICES 01/24 237.46 $ 38363 02/01/2024 PW ADMIN UB - SEWER SERVICEMASTER BY J&C BROWN JANITORIAL SERVICES 01/24 237.47 $ 38363 02/01/2024 PW ADMIN UB - WATER SERVICEMASTER BY J&C BROWN JANITORIAL SERVICES 01/24 474.92 $ 38363 02/01/2024 PW ADMIN WATER QUALITY CONTROL SERVICEMASTER BY J&C BROWN JANITORIAL SERVICES 01/24 237.43 $ 38363 02/01/2024 PW ADMIN WWTP SERVICEMASTER BY J&C BROWN JANITORIAL SERVICES 01/24 1,057.84 $ 38363 02/01/2024 PW ADMIN MEAS K - PD SERVICEMASTER BY J&C BROWN JANITORIAL SERVICES 01/24 636.68 $ 38363 02/01/2024 PW ADMIN PD OPS SERVICEMASTER BY J&C BROWN JANITORIAL SERVICES 01/24 4,618.22 $ 38364 02/01/2024 HR/RISK MGT PD OPS BIANCHI, BRANDON TUITION REIMBURSEMENT 918.00 $ 38365 02/01/2024 FIRE MEAS K - FIRE HARRY D. WILSON INC. 2023 HONDA PIONEER SIDE BY SIDE 23,703.50 $ 38366 02/01/2024 ENGINEERING LTF - STREETS JEFFREY SCOTT ADVERTISING CTA & MEASURE T VIDEO 9,250.00 $ 38367 02/01/2024 PD OPS PD OPS RAUL R. HERRERA JR. POLYGRAPHS 3,750.00 $ 38368 02/01/2024 PARKS ADMIN SPORTS PROGRAMS J & D MANUFACTURING FY23/24 SPORTS PROGRAM APPAREL 3,553.96 $ 38369 02/01/2024 PD OPS CODE ENF DIEBERTS CREATIVE COPY INC DOOR HANGERS - CE 186.55 $ 38370 02/01/2024 PD OPS MEAS K - PD TIM J LAW EMPLOYMENT BACKGROUND 800.00 $ 38371 02/01/2024 PD OPS ANIMAL CONTROL NVA FRESNO VETERINARY MANAGEMENT, LLC VETERINARY CARE SERVICES 353.64 $ 38372 02/01/2024 GRANTS TRANS - FIXED MV TRANSPORTATION, INC. 12/23 TRANSIT OPERATOR 93,527.87 $ 38372 02/01/2024 GRANTS TRANS - DAR MV TRANSPORTATION, INC. 12/23 TRANSIT OPERATOR 56,430.39 $ 38373 02/01/2024 PD OPS PD OPS PACIFIC STORAGE COMPANY SHREDDING SERVICES 422.00 $ 38374 02/01/2024 FACILITIES PARKS PRESTIGE CUSTOM GLASS REPLACE DOOR - PW 4,324.62 $ 38375 02/01/2024 PD OPS PD OPS CV FORENSIC NURSING SPECIALISTS EXAM - 23M-08880 1,000.00 $ 38376 02/01/2024 ENGINEERING WATER OPS DAVIDS ENGINEERING, INC. PROFESSIONAL SERVICES 670.75 $ 38377 02/01/2024 WWTP WWTP VAN DE POL ENTERPRISES, INC. FUEL WWTP - BULK DIESEL 5,933.49 $ 38378 02/01/2024 PD OPS PD OPS LAW DOG K9 K9 VENDOR TRAINING 900.00 $ 38379 02/01/2024 FLEET MAINT FLEET MAINT GARTON TRACTOR INC MOWER DECK #4005 4,554.60 $ 38380 02/01/2024 GRANTS CDBG ADMIN CITY DATA SERVICES LLC CDS MONTHLY MAINTENANCE 1,875.00 $ 38381 02/01/2024 PD OPS PD OPS SILAS VARELA PER DIEM - DEFENSIVE TACTICS 396.75 $ 38382 02/01/2024 PW ADMIN AIRPORT OPS EAGLESHIELD PEST CONTROL 12/23 PEST CONTROL SERVICES 39.00 $ 38382 02/01/2024 PW ADMIN CENTRAL ADMIN EAGLESHIELD PEST CONTROL 12/23 PEST CONTROL SERVICES 39.00 $ 38382 02/01/2024 PW ADMIN COMM & REC EAGLESHIELD PEST CONTROL 12/23 PEST CONTROL SERVICES 351.00 $

CITY OF MADERA
REGISTER OF AUDITED DEMANDS FOR BANK #1 - US BANK GENERAL ACCOUNT February 21, 2024

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 38382 02/01/2024 PW ADMIN ENGINEERING EAGLESHIELD PEST CONTROL 12/23 PEST CONTROL SERVICES 78.00 $ 38382 02/01/2024 PW ADMIN FIRE EAGLESHIELD PEST CONTROL 12/23 PEST CONTROL SERVICES 117.00 $ 38382 02/01/2024 PW ADMIN INTERMODAL BLDG EAGLESHIELD PEST CONTROL 12/23 PEST CONTROL SERVICES 78.00 $ 38382 02/01/2024 PW ADMIN PARKS EAGLESHIELD PEST CONTROL 12/23 PEST CONTROL SERVICES 78.00 $ 38382 02/01/2024 PW ADMIN SEWER OPS EAGLESHIELD PEST CONTROL 12/23 PEST CONTROL SERVICES 19.50 $ 38382 02/01/2024 PW ADMIN WATER OPS EAGLESHIELD PEST CONTROL 12/23 PEST CONTROL SERVICES 19.50 $ 38382 02/01/2024 PW ADMIN WATER OPS EAGLESHIELD PEST CONTROL 12/23 PEST CONTROL SERVICES 833.00 $ 38382 02/01/2024 PW ADMIN WWTP EAGLESHIELD PEST CONTROL 12/23 PEST CONTROL SERVICES 39.00 $ 38382 02/01/2024 PW ADMIN PD OPS EAGLESHIELD PEST CONTROL 12/23 PEST CONTROL SERVICES 39.00 $ 38383 02/01/2024 ENGINEERING WATER CAPITAL OUTLAY ALESHIRE & WYNDER LLP TITLE REPORT - APN 038-030-028 1,000.00 $ 38384 02/01/2024 PD OPS HEALTH AND WELLNESS OGAWA USA INC CHAIRS FOR HEALTH & WELLNESS ROOM 14,156.94 $ 38385 02/01/2024 FIRE MEAS K - FIRE BURTON'S FIRE, INC REPAIRS TRUCK #58 12,285.59 $ 38386 02/01/2024 GRANTS CDBG PUBLIC SVC MADERA COUNTY ASSOCIATION OF REALTORS CDBG FY 23/24 MADERA COUNTY REALTORS - DPA 5,000.00 $ 38387 02/01/2024 PARKS ADMIN GOLF COURSE CAPITAL SPS MADERA GROUP INC MAINTENANCE REPAIRS - MUNICIPAL GOLF COURSE 2,725.00 $ 38388 02/01/2024 FLEET MAINT FLEET MAINT NICK MATULA TOOL ALLOWANCE REIMBURSEMENT 300.00 $ 38389 02/01/2024 PD OPS PD OPS JEREMY TRINH PER DIEM - FORCE OPTIONS USE OF FORCE/DE-ESCLATION 296.25 $ 38390 02/01/2024 FINANCE AIRPORT OPS AT&T 09/23 SERVICE 831-000-6408-576 542.26 $ 38390 02/01/2024 FINANCE AIRPORT OPS AT&T 10/23 SERVICE 831-000-6408-576 542.71 $ 38390 02/01/2024 FINANCE AIRPORT OPS AT&T 11/23 SERVICE 831-000-6408-576 542.26 $ 38390 02/01/2024 FINANCE AIRPORT OPS AT&T 12/23 SERVICE 831-000-6408-576 544.68 $ 38390 02/01/2024 FINANCE BUILDING AT&T 09/23 SERVICE 831-000-6408-576 110.34 $ 38390 02/01/2024 FINANCE BUILDING AT&T 10/23 SERVICE 831-000-6408-576 110.43 $ 38390 02/01/2024 FINANCE BUILDING AT&T 11/23 SERVICE 831-000-6408-576 110.34 $ 38390 02/01/2024 FINANCE BUILDING AT&T 12/23 SERVICE 831-000-6408-576 110.84 $ 38390 02/01/2024 FINANCE CITY ATTORNEY AT&T 09/23 SERVICE 831-000-6408-576 35.94 $ 38390 02/01/2024 FINANCE CITY ATTORNEY AT&T 10/23 SERVICE 831-000-6408-576 35.97 $ 38390 02/01/2024 FINANCE CITY ATTORNEY AT&T 11/23 SERVICE 831-000-6408-576 35.94 $ 38390 02/01/2024 FINANCE CITY ATTORNEY AT&T 12/23 SERVICE 831-000-6408-576 36.10 $ 38390 02/01/2024 FINANCE CITY CLERK AT&T 09/23 SERVICE 831-000-6408-576 30.27 $ 38390 02/01/2024 FINANCE CITY CLERK AT&T 10/23 SERVICE 831-000-6408-576 30.29 $ 38390 02/01/2024 FINANCE CITY CLERK AT&T 11/23 SERVICE 831-000-6408-576 30.27 $ 38390 02/01/2024 FINANCE CITY CLERK AT&T 12/23 SERVICE 831-000-6408-576 30.40 $ 38390 02/01/2024 FINANCE CODE ENF AT&T 09/23 SERVICE 831-000-6408-576 604.68 $ 38390 02/01/2024 FINANCE CODE ENF AT&T 10/23 SERVICE 831-000-6408-576 605.18 $ 38390 02/01/2024 FINANCE CODE ENF AT&T 11/23 SERVICE 831-000-6408-576 604.68 $ 38390 02/01/2024 FINANCE CODE ENF AT&T 12/23 SERVICE 831-000-6408-576 607.38 $ 38390 02/01/2024 FINANCE COMM & REC AT&T 09/23 SERVICE 831-000-6408-576 1,689.20 $ 38390 02/01/2024 FINANCE COMM & REC AT&T 10/23 SERVICE 831-000-6408-576 1,690.60 $ 38390 02/01/2024 FINANCE COMM & REC AT&T 11/23 SERVICE 831-000-6408-576 1,689.20 $ 38390 02/01/2024 FINANCE COMM & REC AT&T 12/23 SERVICE 831-000-6408-576 1,696.74 $ 38390 02/01/2024 FINANCE COMPUTER MAINT AT&T 09/23 SERVICE 831-000-6408-576 114.13 $ 38390 02/01/2024 FINANCE COMPUTER MAINT AT&T 10/23 SERVICE 831-000-6408-576 114.22 $ 38390 02/01/2024 FINANCE COMPUTER MAINT AT&T 11/23 SERVICE 831-000-6408-576 114.13 $ 38390 02/01/2024 FINANCE COMPUTER MAINT AT&T 12/23 SERVICE 831-000-6408-576 114.64 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 38390 02/01/2024 FINANCE ENGINEERING AT&T 09/23 SERVICE 831-000-6408-576 253.47 $ 38390 02/01/2024 FINANCE ENGINEERING AT&T 10/23 SERVICE 831-000-6408-576 253.68 $ 38390 02/01/2024 FINANCE ENGINEERING AT&T 11/23 SERVICE 831-000-6408-576 253.47 $ 38390 02/01/2024 FINANCE ENGINEERING AT&T 12/23 SERVICE 831-000-6408-576 254.61 $ 38390 02/01/2024 FINANCE FINANCE AT&T 09/23 SERVICE 831-000-6408-576 86.38 $ 38390 02/01/2024 FINANCE FINANCE AT&T 10/23 SERVICE 831-000-6408-576 86.45 $ 38390 02/01/2024 FINANCE FINANCE AT&T 11/23 SERVICE 831-000-6408-576 86.38 $ 38390 02/01/2024 FINANCE FINANCE AT&T 12/23 SERVICE 831-000-6408-576 86.77 $ 38390 02/01/2024 FINANCE FIRE AT&T 09/23 SERVICE 831-000-6408-576 1,085.15 $ 38390 02/01/2024 FINANCE FIRE AT&T 10/23 SERVICE 831-000-6408-576 1,086.05 $ 38390 02/01/2024 FINANCE FIRE AT&T 11/23 SERVICE 831-000-6408-576 1,085.15 $ 38390 02/01/2024 FINANCE FIRE AT&T 12/23 SERVICE 831-000-6408-576 1,090.00 $ 38390 02/01/2024 FINANCE GRANT OVERSIGHT AT&T 09/23 SERVICE 831-000-6408-576 105.93 $ 38390 02/01/2024 FINANCE GRANT OVERSIGHT AT&T 10/23 SERVICE 831-000-6408-576 106.02 $ 38390 02/01/2024 FINANCE GRANT OVERSIGHT AT&T 11/23 SERVICE 831-000-6408-576 105.93 $ 38390 02/01/2024 FINANCE GRANT OVERSIGHT AT&T 12/23 SERVICE 831-000-6408-576 106.40 $ 38390 02/01/2024 FINANCE HR/RISK MGT AT&T 09/23 SERVICE 831-000-6408-576 71.88 $ 38390 02/01/2024 FINANCE HR/RISK MGT AT&T 10/23 SERVICE 831-000-6408-576 71.94 $ 38390 02/01/2024 FINANCE HR/RISK MGT AT&T 11/23 SERVICE 831-000-6408-576 71.88 $ 38390 02/01/2024 FINANCE HR/RISK MGT AT&T 12/23 SERVICE 831-000-6408-576 72.20 $ 38390 02/01/2024 FINANCE PLANNING AT&T 09/23 SERVICE 831-000-6408-576 92.69 $ 38390 02/01/2024 FINANCE PLANNING AT&T 10/23 SERVICE 831-000-6408-576 92.77 $ 38390 02/01/2024 FINANCE PLANNING AT&T 11/23 SERVICE 831-000-6408-576 92.69 $ 38390 02/01/2024 FINANCE PLANNING AT&T 12/23 SERVICE 831-000-6408-576 93.10 $ 38390 02/01/2024 FINANCE UB - GARBAGE AT&T 09/23 SERVICE 831-000-6408-576 210.60 $ 38390 02/01/2024 FINANCE UB - GARBAGE AT&T 10/23 SERVICE 831-000-6408-576 210.79 $ 38390 02/01/2024 FINANCE UB - GARBAGE AT&T 11/23 SERVICE 831-000-6408-576 210.60 $ 38390 02/01/2024 FINANCE UB - GARBAGE AT&T 12/23 SERVICE 831-000-6408-576 211.54 $ 38390 02/01/2024 FINANCE UB - SEWER AT&T 09/23 SERVICE 831-000-6408-576 210.60 $ 38390 02/01/2024 FINANCE UB - SEWER AT&T 10/23 SERVICE 831-000-6408-576 210.77 $ 38390 02/01/2024 FINANCE UB - SEWER AT&T 11/23 SERVICE 831-000-6408-576 210.60 $ 38390 02/01/2024 FINANCE UB - SEWER AT&T 12/23 SERVICE 831-000-6408-576 211.54 $ 38390 02/01/2024 FINANCE UB - WATER AT&T 09/23 SERVICE 831-000-6408-576 421.20 $ 38390 02/01/2024 FINANCE UB - WATER AT&T 10/23 SERVICE 831-000-6408-576 421.55 $ 38390 02/01/2024 FINANCE UB - WATER AT&T 11/23 SERVICE 831-000-6408-576 421.20 $ 38390 02/01/2024 FINANCE UB - WATER AT&T 12/23 SERVICE 831-000-6408-576 423.08 $ 38390 02/01/2024 FINANCE CITY MANAGER AT&T 09/23 SERVICE 831-000-6408-576 35.94 $ 38390 02/01/2024 FINANCE CITY MANAGER AT&T 10/23 SERVICE 831-000-6408-576 35.97 $ 38390 02/01/2024 FINANCE CITY MANAGER AT&T 11/23 SERVICE 831-000-6408-576 35.94 $ 38390 02/01/2024 FINANCE CITY MANAGER AT&T 12/23 SERVICE 831-000-6408-576 36.10 $ 38390 02/01/2024 FINANCE PD OPS AT&T 09/23 SERVICE 831-000-6408-576 604.68 $ 38390 02/01/2024 FINANCE PD OPS AT&T 10/23 SERVICE 831-000-6408-576 605.18 $ 38390 02/01/2024 FINANCE PD OPS AT&T 11/23 SERVICE 831-000-6408-576 604.68 $ 38390 02/01/2024 FINANCE PD OPS AT&T 12/23 SERVICE 831-000-6408-576 607.38 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 38391 02/01/2024 PD OPS PD OPS AT&T 12/23 CALNET 3 SERVICE 9391064552 284.97 $ 38392 02/01/2024 FINANCE BUILDING AT&T 12/23 FIRSTNET SVS 287302656036 150.30 $ 38392 02/01/2024 FINANCE CITY CLERK AT&T 12/23 FIRSTNET SVS 287302656036 90.14 $ 38392 02/01/2024 FINANCE CITY COUNCIL AT&T 12/23 FIRSTNET SVS 287302656036 281.68 $ 38392 02/01/2024 FINANCE CODE ENF AT&T 12/23 FIRSTNET SVS 287302656036 45.07 $ 38392 02/01/2024 FINANCE COMPUTER MAINT AT&T 12/23 FIRSTNET SVS 287302656036 1,225.48 $ 38392 02/01/2024 FINANCE ENGINEERING AT&T 12/23 FIRSTNET SVS 287302656036 285.71 $ 38392 02/01/2024 FINANCE FACILITIES MAINT AT&T 12/23 FIRSTNET SVS 287302656036 796.37 $ 38392 02/01/2024 FINANCE FINANCE AT&T 12/23 FIRSTNET SVS 287302656036 185.51 $ 38392 02/01/2024 FINANCE FLEET MAINT AT&T 12/23 FIRSTNET SVS 287302656036 45.07 $ 38392 02/01/2024 FINANCE GRANT OVERSIGHT AT&T 12/23 FIRSTNET SVS 287302656036 95.17 $ 38392 02/01/2024 FINANCE HR/RISK MGT AT&T 12/23 FIRSTNET SVS 287302656036 90.34 $ 38392 02/01/2024 FINANCE PARKS AT&T 12/23 FIRSTNET SVS 287302656036 195.48 $ 38392 02/01/2024 FINANCE PLANNING AT&T 12/23 FIRSTNET SVS 287302656036 45.07 $ 38392 02/01/2024 FINANCE STREETS AT&T 12/23 FIRSTNET SVS 287302656036 50.10 $ 38392 02/01/2024 FINANCE UB - GARBAGE AT&T 12/23 FIRSTNET SVS 287302656036 11.26 $ 38392 02/01/2024 FINANCE UB - SEWER AT&T 12/23 FIRSTNET SVS 287302656036 11.27 $ 38392 02/01/2024 FINANCE UB - WATER AT&T 12/23 FIRSTNET SVS 287302656036 22.54 $ 38392 02/01/2024 FINANCE WWTP AT&T 12/23 FIRSTNET SVS 287302656036 50.10 $ 38392 02/01/2024 FINANCE CITY MANAGER AT&T 12/23 FIRSTNET SVS 287302656036 90.34 $ 38392 02/01/2024 FINANCE PD OPS AT&T 12/23 FIRSTNET SVS 287302965625 5,694.56 $ 38393 02/01/2024 HR/RISK MGT PD OPS ADAMS, MARK TUITION REIMBURSEMENT 459.00 $ 38394 02/01/2024 PW ADMIN AIRPORT CAPITAL PROJECTS AGEE CONSTRUCTION CO.,INC MADERA MUNICIPAL AIRPORT - DRAINAGE 8,075.00 $ 38395 02/01/2024 ENGINEERING ENGINEERING AMERICAN BUSINESS MACHINES PLOTTER LEASE 278.00 $ 38396 02/01/2024 ENGINEERING SEWER CAPITAL OUTLAY BLAIR CHURCH & FLYNN PROFESSIONAL ENGINEERING SERVICES 6,185.00 $ 38397 02/01/2024 WWTP WWTP BOGIE'S PUMP SYSTEMS GRIT PUMP REPLACEMENT 17,753.11 $ 38398 02/01/2024 FACILITIES FACILITIES MAINT CA DEPARTMENT OF TRANSPORTATION SHARED COST - CAL-TRANS 136.53 $ 38399 02/01/2024 FACILITIES AQUATICS PROGRM CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCE - JWYC 488.39 $ 38400 02/01/2024 CITY ADMIN PD OPS CHIARAMONTE, GIACHINO PER DIEM - EDC SESSION #2 425.50 $ 38401 02/01/2024 CITY ADMIN GENERAL FUND CNA SURETY PUBLIC OFFICIAL BOND - 2024 2,187.50 $ 38401 02/01/2024 CITY ADMIN CITY MANAGER CNA SURETY PUBLIC OFFICIAL BOND - 2024 1,312.50 $ 38402 02/01/2024 FINANCE PD OPS COMCAST 12/23 SVS 8155500320092096 179.23 $ 38403 02/01/2024 PD OPS PD OPS COMMUNITY MEDICAL CENTER LEGAL BLOOD DRAWS - 11/23 175.00 $ 38404 02/01/2024 HR/RISK MGT PARKS OCCUPATIONAL HEALTH CENTERS OF CA, A MEDIC ANNUAL AUDIOGRAMS 251.50 $ 38404 02/01/2024 HR/RISK MGT PD OPS OCCUPATIONAL HEALTH CENTERS OF CA, A MEDIC ANNUAL AUDIOGRAMS 67.50 $ 38405 02/01/2024 INFO SERVICES COMPUTER MAINT DELL COMPUTER CORPORATION DELL EQUIPMENT 5,498.34 $ 38406 02/01/2024 FIRE FIRE DEPARTMENT OF FORESTRY AND FIRE 1ST QTR ACTUAL BILLING FOR CITY CONTRACT FY 23/24 1,027,245.06 $ 38406 02/01/2024 FIRE MEAS K - FIRE DEPARTMENT OF FORESTRY AND FIRE 1ST QTR ACTUAL BILLING FOR CITY CONTRACT FY 23/24 513,622.52 $ 38407 02/01/2024 GRANTS INTERMODAL BLDG DIAMOND COMMUNICATIONS FIRE ALARM MONITORING - TRANSIT 80.00 $ 38407 02/01/2024 PW ADMIN FACILITIES MAINT DIAMOND COMMUNICATIONS SECURITY ALARM MONITORING - WAREHOUSES 63.75 $ 38407 02/01/2024 PW ADMIN STREETS DIAMOND COMMUNICATIONS SECURITY ALARM MONITORING - WAREHOUSES 63.75 $ 38407 02/01/2024 PW ADMIN SEWER OPS DIAMOND COMMUNICATIONS SECURITY ALARM MONITORING - WAREHOUSES 63.75 $ 38407 02/01/2024 PW ADMIN WATER OPS DIAMOND COMMUNICATIONS SECURITY ALARM MONITORING - WAREHOUSES 63.75 $ 38408 02/01/2024 GRANTS INTERMODAL BLDG GUARDIAN WESTERN SWEEPING INC. 01/24 POWER SWEEPING 387.00 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 38408 02/01/2024 GRANTS PARKING DIST OPS GUARDIAN WESTERN SWEEPING INC. 01/24 POWER SWEEPING 387.00 $ 38409 02/01/2024 PW ADMIN WWTP INDUSTRIAL ELECTRICAL CO. GENERATOR MAINTENANCE - WWTP 7,056.45 $ 38410 02/01/2024 FACILITIES FACILITIES MAINT JAM SERVICES INC TRAFFIC SIGNAL BULBS 857.34 $ 38411 02/01/2024 FINANCE WATER CONSERV CITY OF MADERA DRIP IRRIGATION REBATE - 99180111 150.00 $ 38411 02/01/2024 FINANCE WATER CONSERV CITY OF MADERA CLOTHES WASHER REBATE - 9926188 200.00 $ 38411 02/01/2024 FINANCE WATER CONSERV CITY OF MADERA MULCH REBATE - 9894051 100.00 $ 38411 02/01/2024 FINANCE WATER CONSERV CITY OF MADERA DISHWASHER REBATE - 9915986 200.00 $ 38411 02/01/2024 FINANCE WATER CONSERV CITY OF MADERA CLOTHES WASHER REBATE - 9909988 200.00 $ 38411 02/01/2024 FINANCE WATER CONSERV CITY OF MADERA DISHWASHER REBATE - 9919324 200.00 $ 38411 02/01/2024 GRANTS INTERMODAL BLDG CITY OF MADERA 01/24 UTILITY SERVICE - 3040441-500276 121.37 $ 38411 02/01/2024 GRANTS INTERMODAL BLDG CITY OF MADERA 01/24 UTILITY SERVICE - 3040431-500276 99.00 $ 38411 02/01/2024 GRANTS INTERMODAL BLDG CITY OF MADERA 01/24 UTILITY SERVICE - 3040421-500276 53.47 $ 38412 02/01/2024 FINANCE PD OPS MADERA COUNTY TREASURER 09/23 COUNTY'S PORTION OF PARKING PENALTIES PAID 219.50 $ 38412 02/01/2024 FINANCE PD OPS MADERA COUNTY TREASURER 10/23 COUNTY'S PORTION OF PARKING PENALTIES PAID 538.00 $ 38412 02/01/2024 FINANCE PD OPS MADERA COUNTY TREASURER 11/23 COUNTY'S PORTION OF PARKING PENALTIES PAID 44.00 $ 38413 02/01/2024 HR/RISK MGT HR/RISK MGT MADERA TRIBUNE JOB ADVERSTISEMENT - DISPATCHER 79.80 $ 38414 02/01/2024 GRANTS TRANS - FIXED MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGE TRANSIT - 09/23 1,140.12 $ 38414 02/01/2024 GRANTS TRANS - FIXED MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGE TRANSIT - 10/23 1,261.73 $ 38414 02/01/2024 GRANTS TRANS - FIXED MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGE TRANSIT - 11/23 778.73 $ 38414 02/01/2024 GRANTS TRANS - DAR MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGE TRANSIT - 09/23 1,140.11 $ 38414 02/01/2024 GRANTS TRANS - DAR MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGE TRANSIT - 10/23 1,261.72 $ 38414 02/01/2024 GRANTS TRANS - DAR MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGE TRANSIT - 11/23 778.73 $ 38415 02/01/2024 PD OPS PD OPS MADERA UNIFORM & ACCESSORIES UNIFORM ACCESSORIES 395.87 $ 38416 02/01/2024 PW ADMIN STREETS MID VALLEY DISPOSAL INC. WASTE DISPOSAL 16,109.50 $ 38416 02/01/2024 PW ADMIN WWTP MID VALLEY DISPOSAL INC. WASTE DISPOSAL 2,128.26 $ 38417 02/01/2024 ENGINEERING AFFORDABLE HOUSING O'DELL ENGINEERING, INC. DESIGN SVS - SIDEWALK IMPROVEMENTS 12,610.00 $ 38418 02/01/2024 FINANCE AIRPORT OPS PACIFIC GAS & ELECTRIC 12/23 SERVICE 9920095153-3 55.47 $ 38418 02/01/2024 FINANCE CENTRAL ADMIN PACIFIC GAS & ELECTRIC 12/23 SERVICE 9920095153-3 596.92 $ 38418 02/01/2024 FINANCE COMM & REC PACIFIC GAS & ELECTRIC 12/23 SERVICE 9920095153-3 2,567.50 $ 38418 02/01/2024 FINANCE DRAINAGE PACIFIC GAS & ELECTRIC 12/23 SERVICE 9920095153-3 1,094.98 $ 38418 02/01/2024 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 12/23 SERVICE 9920095153-3 4,639.33 $ 38418 02/01/2024 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 11/23 SERVICE 1715785853-5 1,333.50 $ 38418 02/01/2024 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 12/23 SERVICE 1715785853-5 1,547.81 $ 38418 02/01/2024 FINANCE FIRE PACIFIC GAS & ELECTRIC 12/23 SERVICE 9920095153-3 297.30 $ 38418 02/01/2024 FINANCE PARKING DIST OPS PACIFIC GAS & ELECTRIC 12/23 SERVICE 9920095153-3 83.22 $ 38418 02/01/2024 FINANCE PARKS PACIFIC GAS & ELECTRIC 12/23 SERVICE 9920095153-3 159.58 $ 38418 02/01/2024 FINANCE RECREATION PACIFIC GAS & ELECTRIC 12/23 SERVICE 9920095153-3 35.46 $ 38418 02/01/2024 FINANCE SEWER OPS PACIFIC GAS & ELECTRIC 12/23 SERVICE 9920095153-3 762.51 $ 38418 02/01/2024 FINANCE SOLID WASTE PACIFIC GAS & ELECTRIC 12/23 SERVICE 9920095153-3 392.68 $ 38418 02/01/2024 FINANCE SR CITIZEN COMM PACIFIC GAS & ELECTRIC 12/23 SERVICE 9920095153-3 8.10 $ 38418 02/01/2024 FINANCE WATER OPS PACIFIC GAS & ELECTRIC 12/23 SERVICE 9920095153-3 13,327.52 $ 38418 02/01/2024 FINANCE ZONE 24 ACTIVITIES PACIFIC GAS & ELECTRIC 12/23 SERVICE 9920095153-3 18.12 $ 38418 02/01/2024 FINANCE ZONE 26 ACTIVITIES PACIFIC GAS & ELECTRIC 12/23 SERVICE 9920095153-3 9.86 $ 38418 02/01/2024 FINANCE ZONE 31A ACTIVITIES PACIFIC GAS & ELECTRIC 12/23 SERVICE 9920095153-3 19.73 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 38418 02/01/2024 FINANCE PD OPS PACIFIC GAS & ELECTRIC 12/23 SERVICE 9920095153-3 4,031.38 $ 38419 02/01/2024 ENGINEERING MEAS T - RTP PACIFIC GAS & ELECTRIC TRAFFIC SIGNAL INSTALLATION - SOUTH ST & D ST 26,778.94 $ 38420 02/01/2024 FINANCE FINANCE PHOENIX GROUP INFO SYS 09/23 CITATIONS 275.90 $ 38420 02/01/2024 FINANCE FINANCE PHOENIX GROUP INFO SYS 10/23 CITATIONS 295.17 $ 38420 02/01/2024 FINANCE FINANCE PHOENIX GROUP INFO SYS 11/23 CITATIONS 276.39 $ 38421 02/01/2024 ENGINEERING WATER CAPITAL OUTLAY PROVOST & PRITCHARD CONSULTING WATER MAIN REPLACEMENT - W-39, W-40, & W-41 43,292.00 $ 38421 02/01/2024 ENGINEERING WATER CAPITAL OUTLAY PROVOST & PRITCHARD CONSULTING PROFESSIONAL ENGINEERING SVS 1,530.00 $ 38422 02/01/2024 ENGINEERING FAU CMAQ SEAL RITE PAVING ASPHALT PAVING 76,660.97 $ 38422 02/01/2024 ENGINEERING MEAS T - ENVIRO SEAL RITE PAVING ASPHALT PAVING 29,919.79 $ 38423 02/01/2024 PD OPS PD OPS SPEAKWRITE LLC TRANSLATION SERVICES 1,644.07 $ 38424 02/01/2024 PW ADMIN SEWER OPS STATE WATER RESOURCES CONTROL BOARD ENROLLMENT FEES - SANITARY SEWER SYSTEMS 600.00 $ 38424 02/01/2024 STREETS DRAINAGE STATE WATER RESOURCES CONTROL BOARD ANNUAL PERMIT FEE FAC ID: 5F20M2000198 26,498.00 $ 38425 02/01/2024 PD OPS PD OPS TRANSUNION RISK & ALTERNATIVE DATA SOL. DATABASE ACCESS 01/24 242.00 $ 38426 02/01/2024 PD OPS GENERAL FUND TYLER TECHNOLOGIES INC. SERVER HOSTING 764.16 $ 38426 02/01/2024 PD OPS PD OPS TYLER TECHNOLOGIES INC. SERVER HOSTING 382.08 $ 38427 02/01/2024 GRANTS INTERMODAL BLDG VILLA GARDENING SERVICE INC 11/23 LAWN SERVICE - TRANSIT 500.00 $ 38427 02/01/2024 GRANTS INTERMODAL BLDG VILLA GARDENING SERVICE INC 12/23 LAWN SERVICE - TRANSIT 500.00 $ 38428 02/01/2024 FINANCE BUILDING VERIZON WIRELESS CITY CELL PHONE CHARGES 11/11/23-12/10/23 104.02 $ 38428 02/01/2024 FINANCE CITY COUNCIL VERIZON WIRELESS CITY CELL PHONE CHARGES 11/11/23-12/10/23 38.01 $ 38428 02/01/2024 FINANCE FACILITIES MAINT VERIZON WIRELESS CITY CELL PHONE CHARGES 11/11/23-12/10/23 52.01 $ 38428 02/01/2024 FINANCE FIRE VERIZON WIRELESS CITY CELL PHONE CHARGES 11/11/23-12/10/23 152.04 $ 38428 02/01/2024 FINANCE FLEET MAINT VERIZON WIRELESS CITY CELL PHONE CHARGES 11/11/23-12/10/23 1.67 $ 38428 02/01/2024 FINANCE HR/RISK MGT VERIZON WIRELESS CITY CELL PHONE CHARGES 11/11/23-12/10/23 38.01 $ 38428 02/01/2024 FINANCE PARKS VERIZON WIRELESS CITY CELL PHONE CHARGES 11/11/23-12/10/23 1.67 $ 38428 02/01/2024 FINANCE PLANNING VERIZON WIRELESS CITY CELL PHONE CHARGES 11/11/23-12/10/23 52.01 $ 38428 02/01/2024 FINANCE STREETS VERIZON WIRELESS CITY CELL PHONE CHARGES 11/11/23-12/10/23 14.26 $ 38428 02/01/2024 FINANCE SEWER OPS VERIZON WIRELESS CITY CELL PHONE CHARGES 11/11/23-12/10/23 1.67 $ 38428 02/01/2024 FINANCE STREET CLEANING VERIZON WIRELESS CITY CELL PHONE CHARGES 11/11/23-12/10/23 1.67 $ 38428 02/01/2024 FINANCE WATER OPS VERIZON WIRELESS CITY CELL PHONE CHARGES 11/11/23-12/10/23 144.03 $ 38428 02/01/2024 FINANCE WATER QUALITY CONTROL VERIZON WIRELESS CITY CELL PHONE CHARGES 11/11/23-12/10/23 38.01 $ 38428 02/01/2024 FINANCE WWTP VERIZON WIRELESS CITY CELL PHONE CHARGES 11/11/23-12/10/23 79.93 $ 38428 02/01/2024 FINANCE PD OPS VERIZON WIRELESS CITY CELL PHONE CHARGES 11/11/23-12/10/23 494.13 $ 38429 02/01/2024 ENGINEERING MEAS T - RTP VIDEO INSPECTION SPECIALISTS, INC. CCTV INSPECTION 1,395.00 $ 38430 02/01/2024 PARKS ADMIN PARKS WEST COAST ARBORISTS, INC. TREE MANAGEMENT AND MAINTENANCE SERVICES 15,300.00 $ 38431 02/01/2024 ENGINEERING ENGINEERING YAMABE & HORN ENGINEERING MAP REVIEW - 23-293 PM 23-P-04 307.50 $ 38432 02/01/2024 PW ADMIN WATER CONSERV OTP- REBATES TURF REPLACEMENT REBATE - 9919435 2,930.00 $ 38433 02/01/2024 PW ADMIN WATER CONSERV OTP- REBATES TURF REPLACEMENT REBATE - 9910916 2,683.00 $ 38434 02/01/2024 PW ADMIN WATER CONSERV OTP- REBATES TURF REPLACEMENT REBATE - 9912206 2,896.00 $ 38435 02/01/2024 PW ADMIN WATER CONSERV OTP- REBATES TURF REPLACEMENT REBATE - 9916312 2,532.00 $ 38436 02/01/2024 UB - WATER GENERAL FUND AR REFUNDS UB 9910151 1,630.80 $ 38437 02/01/2024 PARKS ADMIN PARKS OTP- PARKS REFUNDS DEPOSIT REFUND - SUNRISE ROTARY NORTH FIELD 50.00 $ 38438 02/01/2024 PARKS ADMIN GENERAL TRUST OTP- PARKS REFUNDS DEPOSIT REFUND - PANAM GYM 500.00 $ 38439 02/01/2024 PARKS ADMIN GENERAL TRUST OTP- PARKS REFUNDS DEPOSIT REFUND - FBSC MULTI-ROOM 100.00 $ 38440 02/01/2024 PARKS ADMIN GENERAL TRUST OTP- PARKS REFUNDS DEPOSIT REFUND - ROTARY YOUTH HUT 50.00 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 38441 02/01/2024 UB - WATER WATER FUND OTP- UB REFUNDS UB 9926163 TERM REFUND 104.43 $ 38442 02/01/2024 UB - WATER WATER FUND OTP- UB REFUNDS UB 9911622 TERM REFUND 350.09 $ 38443 02/01/2024 FINANCE WATER UTILITY OTP- UB REFUNDS UB OVERPAYMENT - 9918754-509766 303.72 $ 38443 02/01/2024 FINANCE SEWER FUND OTP- UB REFUNDS UB OVERPAYMENT - 9918754-509766 118.97 $ 38443 02/01/2024 FINANCE DRAINAGE OPS OTP- UB REFUNDS UB OVERPAYMENT - 9918754-509766 80.00 $ 38444 02/01/2024 FINANCE WATER FUND OTP- UB REFUNDS DEPOSIT FROM MAIS TO MUNIS - 9925511-513806 151.53 $ 38445 02/01/2024 UB - WATER WATER FUND OTP- UB REFUNDS UB 10000149 TERM REFUND 114.20 $ 38446 02/01/2024 UB - WATER WATER FUND OTP- UB REFUNDS UB 9924981 TERM REFUND 70.09 $ 38447 02/01/2024 UB - WATER WATER FUND OTP- UB REFUNDS UB 9926269 TERM REFUND 146.01 $ 38448 02/01/2024 UB - WATER WATER FUND OTP- UB REFUNDS UB 9916490 TERM REFUND 307.95 $ 38449 02/01/2024 UB - WATER WATER FUND OTP- UB REFUNDS UB 9921763 TERM REFUND 97.53 $ 38450 02/01/2024 UB - WATER WATER FUND OTP- UB REFUNDS UB 9341001 TERM REFUND 109.88 $ 38451 02/01/2024 UB - WATER WATER FUND OTP- UB REFUNDS UB 9900293 TERM REFUND 197.52 $ 38452 02/01/2024 UB - WATER WATER FUND OTP- UB REFUNDS UB 9912330 TERM REFUND 254.48 $ 38453 02/01/2024 UB - WATER WATER FUND OTP- UB REFUNDS UB 9921436 TERM REFUND 180.43 $ 38454 02/01/2024 UB - WATER WATER FUND OTP- UB REFUNDS UB 9912775 TERM REFUND 212.74 $ 38455 02/01/2024 FINANCE WATER FUND OTP- UB REFUNDS DEPOSIT FROM MAIS TO MUNIS - 9921886-511331 157.36 $ 38456 02/01/2024 UB - WATER WATER FUND OTP- UB REFUNDS UB 10000699 TERM REFUND 253.27 $ 38457 02/01/2024 FINANCE PAYROLL TRUST CORTEZ, FABELA SDI REFUND 164.76 $ 38458 02/01/2024 FINANCE PAYROLL TRUST MONTEMAYOR, JUAN SDI REFUND 473.44 $ 38459 02/01/2024 FINANCE PAYROLL TRUST MARIN, RICHARD SDI REFUND 164.76 $ 38460 02/01/2024 FINANCE PAYROLL TRUST MUNOZ, ANTHONY SDI REFUND 259.01 $ 38461 02/01/2024 FINANCE PAYROLL TRUST MARZ, ROGER SDI REFUND 687.27 $ 38462 02/01/2024 FINANCE PAYROLL TRUST ANDRES MARTINEZ SDI REFUND 349.50 $ 38463 02/01/2024 FINANCE PAYROLL TRUST ANTHONY RODRIGUEZ SDI REFUND 220.41 $ 38464 02/01/2024 FINANCE GENERAL FUND DIVISION OF THE STATE ARCHITECT SB DSA 796 QTR 2 FY 23/24 72.40 $ 38465 02/01/2024 FINANCE BUILDING DEPARTMENT OF CONSERVATION 2ND QTR 23/24 SMIP FEE REPORTING (415.76) $ 38465 02/01/2024 FINANCE GENERAL FUND DEPARTMENT OF CONSERVATION 2ND QTR 23/24 SMIP FEE REPORTING 8,315.17 $ 38466 02/01/2024 FINANCE PAYROLL TRUST HERNANDEZ, MARIBEL SDI REFUND 687.27 $ 38467 02/01/2024 FINANCE PAYROLL TRUST HOLLIER, LYNN SDI REFUND 259.01 $ 38468 02/01/2024 FINANCE MADERA DOWNTOWN BID MADERA DOWNTOWN ASSOC. FY 23/24 QTR # 2 ASSESSMENTS 3,916.48 $ 38469 02/01/2024 FINANCE PAYROLL TRUST ROMERO, ARTURO SDI REFUND 687.27 $ 38470 02/01/2024 FINANCE PAYROLL TRUST OTP - FINANCE SDI REFUND 54.92 $ 38471 02/01/2024 FINANCE PAYROLL TRUST OTP - FINANCE SDI REFUND 44.40 $ 38472 02/01/2024 FINANCE PAYROLL TRUST OTP - FINANCE SDI REFUND 203.75 $ 38473 02/01/2024 FINANCE PAYROLL TRUST OTP - FINANCE SDI REFUND 94.05 $ 38474 02/01/2024 FINANCE PAYROLL TRUST OTP - FINANCE SDI REFUND 43.20 $ 38475 02/01/2024 FINANCE PAYROLL TRUST OTP - FINANCE SDI REFUND 86.40 $ 38476 02/01/2024 FINANCE PAYROLL TRUST OTP - FINANCE SDI REFUND 146.30 $ 38477 02/01/2024 FINANCE PAYROLL TRUST OTP - FINANCE SDI REFUND 94.26 $ 38478 02/01/2024 FINANCE PAYROLL TRUST OTP - FINANCE SDI REFUND 687.27 $ 38479 02/01/2024 FINANCE PAYROLL TRUST OTP - FINANCE SDI REFUND 380.73 $ 38480 02/01/2024 FINANCE PAYROLL TRUST OTP - FINANCE SDI REFUND 31.35 $ 38481 02/07/2024 ENGINEERING ENGINEERING ACRO SERVICE CORPORATION TEMP SERVICES - ENGINEERING 4,480.00 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 38482 02/07/2024 PD OPS MEAS K - PD DAVID J. BOYLE PD - REPORT ROOM REMODEL PYMT 17,894.00 $ 38483 02/07/2024 PARKS ADMIN SPORTS PROGRAMS J & D MANUFACTURING FY 23/24 SPORTS PROGRAM APPAREL 536.92 $ 38483 02/07/2024 PARKS ADMIN SPORTS PROGRAMS J & D MANUFACTURING FY23/24 SPORTS PROGRAM APPAREL 323.67 $ 38483 02/07/2024 PD OPS PD OPS J & D MANUFACTURING PLAQUES - PD 530.43 $ 38484 02/07/2024 ENGINEERING WATER CAPITAL OUTLAY BEYAZ & PATEL, INC. PROFESSIONAL ENGINEERING SVS 7,059.00 $ 38485 02/07/2024 FINANCE CENTRAL ADMIN THE PUN GROUP PROFESSIONAL AUDITING SVS 30,000.00 $ 38486 02/07/2024 FLEET MAINT FLEET MAINT TALKINGTON, INC. EPOXY FLOORING - FLEET 9,131.96 $ 38486 02/07/2024 FLEET MAINT FLEET MAINT TALKINGTON, INC. EPOXY FLOORING - FLEET 30,873.04 $ 38486 02/07/2024 FLEET MAINT PARKS TALKINGTON, INC. EPOXY FLOORING - FLEET 2,358.04 $ 38486 02/07/2024 FLEET MAINT PARKS TALKINGTON, INC. EPOXY FLOORING - FLEET 7,971.96 $ 38487 02/07/2024 PD OPS SUPP LAW ENF BRENDA D LINMAN DVM VET SERVICES - BUBBLES 82.40 $ 38487 02/07/2024 PD OPS SUPP LAW ENF BRENDA D LINMAN DVM VET SERVICES - BUBBLES 379.80 $ 38488 02/07/2024 PD OPS SUPP LAW ENF TROY S FORD DVM INC. VET SERVICES - BUBBLES 6,051.01 $ 38489 02/07/2024 FIRE MEAS K - FIRE DIAMOND COMMUNICATIONS FIRE ALARM MONITORING - FIRE #58 70.00 $ 38489 02/07/2024 GRANTS INTERMODAL BLDG DIAMOND COMMUNICATIONS FIRE ALARM MONITORING - TRANIST 80.00 $ 38489 02/07/2024 PARKS COMM & REC DIAMOND COMMUNICATIONS UPDATED SECURITY CODES - FBSC 30.00 $ 38489 02/07/2024 PARKS COMM & REC DIAMOND COMMUNICATIONS UPDATED SECURITY CODES - PANAM 30.00 $ 38489 02/07/2024 PARKS ADMIN COMM & REC DIAMOND COMMUNICATIONS FIRE ALARM MONITORING - PANAM 72.00 $ 38489 02/07/2024 WWTP WWTP DIAMOND COMMUNICATIONS SECURITY ALARM MONITORING - WWTP 540.00 $ 38490 02/07/2024 BUILDING BUILDING FIRE SAFETY SOLUTIONS, LLC FIRE PROTECTION SVS 01/01/24-01/15/24 9,825.00 $ 38490 02/07/2024 BUILDING BUILDING FIRE SAFETY SOLUTIONS, LLC FIRE PROTECTION SVS 01/16/24-01/31/24 13,845.00 $ 38491 02/07/2024 FLEET MAINT SEWER OPS HAAKER EQUIPMENT CO. LATERAL CLEANING KIT 2,560.14 $ 38492 02/07/2024 GRANTS INTERMODAL BLDG CITY OF MADERA 02/24 UTILITY SERVICE - 3040421-500276 49.66 $ 38492 02/07/2024 GRANTS INTERMODAL BLDG CITY OF MADERA 02/24UTILITY SERVICE - 3040431-500276 102.23 $ 38492 02/07/2024 GRANTS INTERMODAL BLDG CITY OF MADERA 02/24 UTILITY SERVICE - 3040441-500276 77.75 $ 38492 02/07/2024 GRANTS INTERMODAL BLDG CITY OF MADERA 12/23 UTILITY SERVICE - 3040421-500276 57.66 $ 38492 02/07/2024 GRANTS INTERMODAL BLDG CITY OF MADERA 12/23 UTILITY SERVICE - 3040431-500276 98.46 $ 38492 02/07/2024 GRANTS INTERMODAL BLDG CITY OF MADERA 12/23 UTILITY SERVICE - 3040441-500276 193.19 $ 38493 02/07/2024 WATER OPS WATER OPS MADERA PUMPS, INC. WELL #20 MAINTENANCE 5,000.00 $ 38494 02/07/2024 FIRE MEAS K - FIRE MOTOROLA SOLUTIONS INC. RADIO UPGRADES - FIRE E-57 29,540.48 $ 38495 02/07/2024 PD OPS PD OPS PECK'S PRINTERY PD - MOVING CITATION TICKET 2,911.38 $ 38496 02/07/2024 PARKS ADMIN GOLF COURSE CAPITAL SIERRA GOLF MANAGEMENT MAINTENANCE - MMGC 920.00 $ 38497 02/08/2024 FINANCE PAYROLL TRUST EMPLOYMENT DEVELOPMENT DEPARTMENT EMPLOYMENT TAX FOR 01/05/24 100.59 $ 38497 02/08/2024 FINANCE PAYROLL TRUST EMPLOYMENT DEVELOPMENT DEPARTMENT EMPLOYMENT TAX FOR 01/19/24 100.59 $ 38497 02/08/2024 FINANCE PAYROLL TRUST EMPLOYMENT DEVELOPMENT DEPARTMENT EMPLOYMENT TAX FOR 02/02/24 100.59 $ 38498 02/08/2024 WWTP WWTP CENTRISYS CORP. WWTP - REBUILD CENTRIFUGE #1 72,921.18 $ 38499 02/08/2024 FINANCE PAYROLL TRUST COLONIAL LIFE & ACCIDENT INSURANCE CO #E700482-3 FOR 01/05/2024 PAYROLL 1,028.25 $ 38500 02/08/2024 FINANCE PAYROLL TRUST COLONIAL LIFE & ACCIDENT INSURANCE CO #E700482-3 FOR 01/19/2024 PAYROLL 1,028.25 $ 38501 02/08/2024 FINANCE PAYROLL TRUST COLONIAL LIFE & ACCIDENT INSURANCE CO #E700482-3 FOR 02/02/2024 PAYROLL 1,028.25 $ 38502 02/08/2024 FINANCE PAYROLL TRUST M.C.E.A. MONTHLY DUES 01/24 290.00 $ 38503 02/08/2024 FINANCE PAYROLL TRUST M P O A MONTHLY DUES 01/24 6,178.16 $ 38504 02/08/2024 FINANCE PAYROLL TRUST STATE OF CALIFORNIA FRANCHISE TAX DEDUCTIONS FOR 01/05/2024 PAYROLL 25.00 $ 38505 02/08/2024 FINANCE PAYROLL TRUST STATE OF CALIFORNIA FRANCHISE TAX DEDUCTIONS FOR 01/19/2024 PAYROLL 25.00 $ 38506 02/08/2024 FINANCE PAYROLL TRUST STATE OF CALIFORNIA FRANCHISE TAX DEDUCTIONS FOR 02/02/2024 PAYROLL 25.00 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 38507 02/08/2024 ENGINEERING STORM DRAIN NW QUAD U/A BOND ENCROACH REIMBURSEMENT - AMOND WORLD PHASE 2 536,569.30 $ 417 01/30/2024 FINANCE PAYROLL TRUST NAVIA BENEFIT SOLUTIONS INC FSA SECTION 125 DISBURSEMENT 01/30/2024 1,318.26 $ 418 02/05/2024 FINANCE PAYROLL TRUST NPC-ORCHARD TRUST COMPANY PLAN #340227-01 FOR 02/02/2024 13,989.09 $ 419 02/05/2024 FINANCE PAYROLL TRUST NPC-ORCHARD TRUST COMPANY PLAN #340227-2 FOR 02/02/2024 2,737.84 $ 420 02/05/2024 FINANCE PAYROLL TRUST MISSION SQUARE - 302351 PLAN #302351 CONTRIBS FOR 02/02/24 PAYROLL 30,400.73 $ 421 02/06/2024 FINANCE PAYROLL TRUST NAVIA BENEFIT SOLUTIONS INC FSA SECTION 125 DISBURSEMENT 02/06/2024 2,210.67 $ 422 02/06/2024 FINANCE PAYROLL TRUST NPC-ORCHARD TRUST COMPANY PLAN #340227-02 FOR 02/02/2024 20.40 $ BANK #1 - US BANK GENERAL ACCOUNT TOTAL $ 3,097,975.68

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: February 21, 2024
Agenda Number: B-3
Wendy Silva, Director of Human Resources
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Informational Report on Personnel Activity
RECOMMENDATION:

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

SUMMARY:

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

DISCUSSION:

The Civil Service Commission (Commission) met on February 6, 2024, and approved eligibility lists for the following positions:
▪ Public Safety Dispatcher
▪ Police Officer Trainee
The following employees began employment with the City since our last report.

Table 1: New Hires and Re-hires
Name Position Department Status* Effective
Date
Miguel Calderon Park Aide Parks & Community
Services
PT 1/16/24
Richelle Murphy Neighborhood
Preservation Specialist I
Police FT 1/16/24
Table 1: New Hires and Re-hires, continued
Name Position Department Status* Effective
Date
Lorena De Alba Office Assistant I Parks & Community
Services
PT 2/12/24
Ruben PimentelHernandezPublic Works
Maintenance Worker II
Public Works –
Streets
FT 2/12/24
Javier Garcia-Ortiz Public Works
Maintenance Worker II
Public Works – Safe
& Clean Team
FT 2/12/24
Stephanie Escobedo Administrative Assistant Finance – Grants FT 2/12/24 *Status: FT = Full Time, PT = Part Time, RA = Retired Annuitant The following promotions, transfers, or assignment changes occurred since our last report.

Table 2: Promotions, Transfers, or Assignment Changes
Name Old Position New Position Effective
Date
Gabriel Mayorga
Aguilar
Neighborhood Preservation
Specialist I Police Officer Trainee 1/8/24
Kevin Newsome Network Administrator (outof-class assignment) Computer Technician 1/13/24 Eric Cisneros Wastewater Treatment Plant
Operator-in-Training
Wastewater Treatment
Plant Operator I 2/2/24
The following employees separated from employment since our last report.

Table 3: Separations
Name Position Department Status* Effective
Date
Tatyanna
Elizabeth Avila Program Leader I – ASP Parks & Community Services PT 12/20/23 Guadalupe
Cervantes
Laurean
Intern Engineering PT 1/2/24
Jonathan Rivera Park Aide Parks & Community
Services PT 1/12/24
Table 3: Separations, continued
Name Position Department Status* Effective
Date
Paige Gacayan Property & Evidence
Officer Police FT 1/26/24
Fidel Bravo Program Leader I – ASP Parks & Community
Services PT 2/1/24
Juan Zapata Park Aide Parks & Community
Services PT 2/2/24
Aron Fernando
Garcia Park Aide Parks & Community Services PT 2/5/24
*Status: FT = Full Time, PT = Part Time, RA = Retired Annuitant FINANCIAL IMPACT:

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

ALTERNATIVES:

This report is for informational purposes only.

ATTACHMENTS:

None

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: February 21, 2024
_________________________________ Agenda Number: B-4
Arnoldo Rodriguez, City Manager
SUBJECT:

Terminating the declaration of the local state of emergency related to the closure of Madera Community Hospital
RECOMMENDATION:

Adopt a Resolution terminating the declaration of the local emergency due to the closure of the Madera Community Hospital.

SUMMARY:

Due to the unexpected closure of Madera Community Hospital, on January 18, 2023, the City Manager, acting as the City’s Director of Emergency services, declared a local emergency, which was subsequently ratified by the City Council on February 1, 2023. Among others, the declaration of a local emergency allowed the City to make certain requests for State and federal funding to either potentially reopen the hospital or for alternative healthcare options for the residents of Madera. The City periodically renewed the state of emergency to allow for this process to occur.

However, the California Office of Emergency Services (CalOES) recently informed the City that the emergency did not qualify for emergency State or federal funding. As the City’s Municipal Code requires that local emergencies be terminated by the earliest possible date that conditions warrant, Council is being requested to end the state of local emergency related to the closure of the Madera Community Hospital (MCH).

BACKGROUND:

The City first learned that MCH was facing financial hardship during public comment at a Council meeting on August 3, 2022. The City promptly moved forward to identify funding and other options to keep the hospital open. This included sponsoring the MCH/Trinity Health affiliation with a Letter of Support in lieu of reallocating ARPA funding, facilitating meetings with MCH and local, regional, and state officials to identify alternative funding options MCH may either apply for or be entitled to, and identifying potential options for debt relief, etc.

Despite these efforts, MCH ceased operations and filed for Chapter 11 bankruptcy. The Hospital’s closure left approximately 160,000 Madera County residents and surrounding communities without full-service healthcare facilities, including a 24-hour emergency room, surgical facilities, radiology services, and inpatient critical care. In response to the immediate risk to public health and safety, the City declared a Local State of Emergency and authorized City resources and staff time for a partnership with Madera County to evaluate potential healthcare options and allow for the opportunity for state or federal emergency funding.

To facilitate this process, the City has been periodically renewing the declaration of local emergency. The reason to continue the local emergency included the time needed to seek state and federal funding.

DISCUSSION:

On December 1, 2023, Staff received notice from CalOES, stating that the impacts of the closure of Madera Community Hospital did not rise to the level of qualifying for either State or Federal funding. As such, CalOES denied requests from the City of Madera and the County of Madera for State of Emergency (SOE) and California Disaster Assistance Act (CDAA) funding.

As the City’s Municipal Code requires that local emergencies be terminated by the earliest possible date that conditions warrant, Staff requests that the Council consider ending the state of local emergency related to the closure of the Madera Community Hospital (MCH).

FINANCIAL IMPACT:

There is no fiscal impact in declaring the end to the state of local emergency.

ALTERNATIVES:

Alternatively, the Council may elect to continue the existing Resolution supporting the County’s local emergency proclamation.

ATTACHMENTS:

1. Resolution

2. Letter from CalOES
RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

TERMINATING THE DECLARATION OF LOCAL EMERGENCY DUE TO THE

CLOSURE OF MADERA COMMUNITY HOSPITAL
WHEREAS, the Madera Community Hospital was the City's only general acute care hospital and emergency room that provided services to both adults and children; and WHEREAS, due to a sudden and unexpected closure of Madera Community Hospital, multiple cities and counties were affected, an no acute care hospital and emergency room services were available in the County of Madera; and
WHEREAS, due to the clear and immediate impact of the closure and its extreme peril to the safety of persons within the City, on January 18, 2023, the City Manager, acting as the City’s Director of Emergency services, declared a local emergency; and WHEREAS, the City Council subsequently ratified the declaration of local emergency on February 1, 2023; and
WHEREAS, the City Council periodically extended the declaration of local emergency, as required by state and local law, to allow for coordination of resources and to allow for the opportunity for state or federal emergency funding; and WHEREAS, on December 1, 2023, the City of Madera was notified by the California Office of Emergency Services that the impacts of the closure of Madera Community Hospital did not rise to the level of severity to warrant or support a State of Emergency or California Disaster Assistance Act Funding; and
WHEREAS, given this determination by the State, there is no further justification for continuing the state of local state of emergency related to the closure of Madera Community Hospital.

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

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

Section 2. The City Council finds that the state of emergency conditions related to the closure of Madera Community Hospital are no longer warranted as state and federal funding has been denied and is not available to help with the process.

Section 3. The City Council further recognizes that while the closure of Madera Community Hospital continues to have a negative impact on healthcare for Madera residents overall, the primary purpose of such of a State of Emergency is to support or secure emergency rescue funding for sustained hospital operations, which is no longer warranted.

Section 4. The City Council further finds that the need for vacating the local emergency and local health emergency is consistent with Madera Municipal City Code Title III, Chapter 2, which supports the termination of local emergencies at the earliest possible date that conditions warrant.

Section 5. The City Council hereby terminates the local State of Emergency related to the closure of Madera Community Hospital.

Section 6. This Resolution shall take effect immediately upon its adoption. * * *

GAVIN NEWSOM

GOVERNOR

NANCY WARD

DIRECTOR
3650 SCHRIEVER AVENUE, MATHER, CA 95655
(916) 845-8506 TELEPHONE (916) 845-8511 FAX
www.CalOES.ca.gov
December 1, 2023
The Honorable David Rogers
Madera County Board of Supervisors
200 West 4th Street
Madera, California 93637
Subject: State of Emergency and California Disaster Assistance Act Funding Request – Closure of Madera Community Hospital
Dear Chairman Rogers:

This letter is in response to the City and County of Madera’s request for a State of Emergency (SOE) and California Disaster Assistance Act (CDAA) funding, as a result of the closure of Madera Community Hospital.

In accordance with the California Emergency Services Act, Government Code Section 8550, et seq., the Governor is empowered to proclaim an SOE when there exists conditions of disaster or extreme peril to the safety of persons and property within the state and when the magnitude of an incident is beyond the capabilities of the local jurisdiction. (Gov. Code, § 8558(b).) The determination was made that the provisions of Government Code, §8558(b) were not met, thereby precluding an SOE proclamation. Furthermore, the impacts from the closure of Madera Community Hospital were not of such severity and magnitude to be beyond the capabilities of local government to respond to and recover from. Therefore, the City and County of Madera’s request for an SOE and CDAA funds to address the closure of Madera Community Hospital are denied.

Please know Cal OES will continue to work closely with your team during the ongoing recovery efforts for federal and state declared disasters. Feel free to contact me directly at (916) 845-8200, if you have additional questions or would like to discuss this matter further.

Sincerely,

RYAN BURAS
Deputy Director of Recovery Operations
cc: Arnoldo Rodriguez, City Manager, City of Madera
Joseph Wilder, Emergency Services Director, Madera County Sherri Sarro, Assistant Director of Response, Southern Region, Cal OES CalOES

GOVERNOR'S OFFICE

OF EMERGENCY SERVICES

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: February 21, 2024
Agenda Number: B-5
Giachino Chiaramonte, Chief of Police
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Acceptance of the Local Government Waste Tire Amnesty Grant Program from the California Department of Resources Recycling and Recovery
RECOMMENDATION:

Adopt Resolutions:

1. Accepting the grant award in the amount of $90,000.

2. Amending the City’s 2023/24 Budget to reflect revenues and expenditures related to the grant.

SUMMARY:

On November 18, 2023, the California Department of Resources Recycling and Recovery (CalRecycle) notified the City it was a recipient of the Local Government Waste Tire Amnesty Grant Program (Tire Amnesty Grant) in the amount of $90,000.

DISCUSSION:

The California Department of Resources Recycling and Recovery (CalRecycle) offers grant programs to fund the cleanup and abatement of waste tires collected at cleanup projects and amnesty events. The Tire Amnesty Grant is awarded in two-year cycles that reimburse for costs associated with staff time, transportation, handling, and recycling of the tires.

The City has previously participated in the CalRecycle waste tire program, and the program has been successful, resulting in fewer tires being illegally dumped. As a recipient of the grant in Fiscal Year 2019/20, staff estimated 24,000 tires were collected in the county over two years. At collection events, residents can dispose of up to 20 waste tires at no charge; however, tires from waste tire-generating businesses or haulers are prohibited. The events are date-specific and open to the public.

Waste Tire Cleanup Grant vs. Tire Amnesty Grant
It is noted that the City has two distinct programs to combat the illegal dumping of tires. They include:

1. Waste Tire Cleanup Grant

2. Tire Amnesty Grant (this item)
Under the Waste Tire Cleanup grant, City staff proactively collect illegally dumped tires found often on the side of the road while under the Tire Amnesty program, the City will organize events where members of the public can bring their used or unwanted tires for proper disposal.

Residents may dispose of 20 waste tires per event. The goal is to provide a convenient and responsible avenue for the community to dispose of tires, promoting environmental sustainability and reducing the occurrence of improperly discarded tires in public spaces. Under the Waste Tire Cleanup Grant, staff collects up to 9 waste tires per address when tires are illegally dumped on a property. Under this scenario, City staff travel to the site to collect the tires; however, someone may occasionally drop them off at the City’s Corporation Yard.

Regional Cooperation
During the application process, the City had the option to apply as a single jurisdiction or as part of a regional team. The City chose to partner with the County of Madera and the City of Chowchilla forming a regional team. The City will serve as the lead agency and will be responsible for the bulk of the required bookkeeping and reporting. Partner agencies will be responsible for submitting reimbursement requests to the City to cover their agencies’ staff time and various other resources covered by the grant. Staff anticipate coordinating five events during the grant period.

It should be noted there is a time lapse between the grant award notification and Council notification. The reason is that upon receiving the grant award notification, staff inadvertently signed the grant agreement without first bringing this matter to the Council. Recognizing this oversight, staff has promptly brought the matter to the Council for its review and approval. The City has not undertaken any reimbursable events or actions outlined in the grant agreement prior to presentation of this matter to the Council.

FINANCIAL IMPACT:

Acceptance of the grant does not impact the General Fund, but instead will provide $90,000 in funding to support our community’s need to clean their properties of excess waste tires. Table 1 provides a detailed breakdown of the grant budget over a two-year period.

Table 1: Budget Detail
Personnel $42,665.01
Contracted Services $37,800.00
Education Materials $6,473.90
Equipment $1,400.00
Miscellaneous Supplies $1,661.09
Total $90,000.00
It should be noted that the personnel cost figure above includes staff time from the City and its partner agencies. The cost per event is estimated to be more than $17,000, which allows the City and its partners to hold approximately five events over the course of the grant. In addition, to help reduce event costs, the City anticipates partnering with a non-profit organization that may assist with providing manual labor and some trailers.

ALTERNATIVES:

Potential alternatives may include:

1. The Council may choose to request additional information from City staff.

2. Instead of City staff serving as the lead agency, the Council may opt to request an external agency to take on the lead role for the grant.

3. Council may elect to not accept the grant, returning the funds.

ATTACHMENTS:

1. Resolution – Accepting the Grant

2. Resolution – Authorizing Budget Amendment
a. Exhibit A – Budget Amendment

3. Grant Agreement
RESOLUTION NO. 24- ____

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

CALIFORNIA ACCEPTING THE CALIFORNIA DEPARTMENT OF RESOURCES

RECYCLING AND RECOVERY LOCAL GOVERNMENT WASTE TIRE AMNESTY GRANT IN THE AMOUNT OF $90,000
WHEREAS, the City of Madera Code Enforcement is responsible for the health and safety of the City in relation to code violations and blight
WHEREAS, the California Department of Resources Recycling and Recovery (CalRecycle) has allocated $1,250,000 to help agencies administer tire disposal events for their community members; and
WHEREAS, the City applied as a regional team with the County of Madera and the City of Chowchilla; and
WHEREAS, the City was awarded $90,000 from the Local Government Waste Tire Amnesty Grant Program to fund approximately five tire amnesty events; and WHEREAS, CalRecycle requires authorization from the governing body to execute an agreement among the agencies to receive the grant monies.

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

1. The foregoing recitals are true and correct.

2. The City accepts the grant in the amount of $90,000 from the Local Government Waste Tire Amnesty Grant Program administered by the California Department of Resources Recycling and Recovery.

3. The Council approves the Grant Agreement with State of California Department of Resources and Recycling and Recovery.

4. The City Manager is authorized to sign the Grant Agreement.

5. This resolution is effective immediately upon adoption. ******
RESOLUTION NO. 24- ____

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
WHEREAS, the City Council has authorized the City Manager to accept a grant award in the amount of $90,000 from the State of California State of California Department of Resources and Recycling and Recovery; and
WHEREAS, the amendments to the City of Madera Fiscal Year 2023/2024 Budget, listed in Exhibit A, attached hereto, are necessary to account for receipt of the grant funds and related expenditures.

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

1. The above recitals are true and correct.

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

3. 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.

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

ORG OBJECT
FUND CODE CODE DESCRIPTION (+) (-)

TIRE AMNESTY GRANT
4781 47813013 4434 Grants 37,270
4781 47813013 5000 Salaries/Full-time 7,281
4781 47813013 5100 Salaries/Overtime 3,821
4781 47813013 5303 Life Insurance Premiums 28
4781 47813013 5304 Workers Compensation Insurance 1,162 4781 47813013 5305 Medicare Tax 172
4781 47813013 5309 Unemployment Insurance 20
4781 47813013 6412 Advertising/Other 1,208
4781 47813013 6418 Postage / Other Mailing Charge 1,200 4781 47813013 6440 Contracted Services 15,680
4781 47813013 6470 Funding To Outside Agencies 4,583
4781 47813013 6518 Other Supplies 2,115
TOTALS 37,270 37,270

EXHIBIT A
CITY OF MADERA FISCAL YEAR 2023/24 BUDGET APPROPRIATION

FOR LOCAL GOVERNMENT WASTE TIRE AMNESTY GRANT PROGRAM
1

Page 1 of 3 ends

TA7-23-0013
City of Madera
State of California - California Environmental
Protection Agency
CalRecycle 110 (Rev 10/19)

Department of Resources Recycling and
Recovery (CalRecycle)
Grant Agreement Cover Sheet
Grant Number
TA7-23-0013
Name of Grant Program
2023-24 Local Government Waste Tire Amnesty Grant
Grantee Name
City of Madera
Taxpayer's Federal Employer Identification Number
94-6000365
Total Grant not to Exceed
$90,000.00
Start of Grant Term
Notice to Proceed Email Date
End of Grant Term
October 30, 2025
The Department of Resources Recycling and Recovery (CalRecycle) and City of Madera (the “Grantee”), in mutual consideration of the promises made herein, agree to comply with the provisions of this Agreement, which consists of this Grant Agreement Cover Sheet and the following Exhibits, which are incorporated by this reference and made a part of this Agreement as if attached hereto:

Exhibit A – Terms and Conditions
Exhibit B – Procedures and Requirements
Exhibit C – Application with revisions, if any, and any amendments This Agreement is of no force or effect until signed by both parties. Grantee shall not commence performance until it receives written approval from CalRecycle. In witness whereof, the parties hereto have executed this Agreement as of the dates entered below.

Page 2 of 3 ends

TA7-23-0013
City of Madera
Department/Grantor Name Grantee Name
CalRecycle City of Madera
Signature of CalRecycle’s Authorized
Signatory
Signature of Grantee’s Authorized Signatory
(as authorized in Resolution, Letter of
Commitment, or Letter of Designation)
X
Printed Name of CalRecycle’s Authorized
Signatory
Printed Name of Grantee’s Authorized
Signatory
Brandy Hunt
Title Title
Deputy Director, CalRecycle
Date Date
Grantee Payment Address
City of Madera
330 South C Street
MADERA, CA 93638
Revised Grantee Payment Address (if needed)

Page 3 of 3 ends

TA7-23-0013
City of Madera
Certification of Funding
Amount Encumbered by
this Agreement
Prior Amount Encumbered for
this Agreement
Total Amount
Encumbered to Date
$90,000.00 $90,000.00
Grant Year/Program Chapter Statute Year
2023-24 Local Government
Waste Tire Amnesty Grant 12 2023
Org Code Reference Fund
3970 101 0226

Enactment Year Fiscal Year Fund Title
2023 2023-24 TIRE
Fi$Cal Expenditure Information
Reporting Structure Program (PGM-SUB-TSK) Account/Alt Account 39707820 3700000219 5432000
I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure stated above.

Signature of CalRecycle Budget Office Date
Local Government Waste Tire Amnesty Grant Program Terms and Conditions 1 Exhibit A
Terms and Conditions
Local Government Waste Tire Amnesty Grant
Program Fiscal Year 2023-24
The following terms used in this Grant Agreement (Agreement) have the meanings given to them below, unless the context clearly indicates otherwise:
• "CalRecycle" means the Department of Resources Recycling and Recovery. • "Director" means the Director of CalRecycle or his or her designee. • "Grant Agreement" and "Agreement" means all documents comprising the agreement between CalRecycle and the Grantee for this Grant.
• "Grant Manager" means CalRecycle staff person responsible for monitoring the grant. • "Grantee" means the recipient of funds pursuant to this Agreement. • "Program" means the Local Government Waste Tire Amnesty Grant Program. • "State" means the State of California, including, but not limited to, CalRecycle and/or its designated officer.

Air or Water Pollution Violation
The grantee shall not be:
(a) In violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district.
(b) Out of compliance with any final cease and desist order issued pursuant to Water Code Section 13301 for violation of waste discharge requirements or discharge prohibitions. (c) Finally determined to be in violation of provisions of federal law relating to air or water pollution.

Amendment
No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required. No oral understanding or agreement not incorporated into this Agreement is binding on any of the parties. This Agreement may be amended, modified or augmented by mutual consent of the parties, subject to the requirements and restrictions of this paragraph.

Americans with Disabilities Act
The grantee assures the state that it complies with the Americans with Disabilities Act of 1990 (ADA)(42 U.S.C.§ 12101 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA.

Assignment, Successors, and Assigns
(a) This Agreement may not be assigned by the grantee, either in whole or in part, without CalRecycle’s prior written consent.

Local Government Waste Tire Amnesty Grant Program Terms and Conditions 2 (b) The provisions of this Agreement shall be binding upon and inure to the benefit of CalRecycle, the grantee, and their respective successors and assigns.

Audit/Records Access
The grantee agrees that CalRecycle, the Department of Finance, the Bureau of State Audits, or their designated representative(s) shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The grantee agrees to maintain such records for possible audit for a minimum of three (3) years after final payment date or grant term end date, whichever is later, unless a longer period of records retention is stipulated, or until completion of any action and resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. The grantee agrees to allow the designated representative(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the grantee agrees to include a similar right of the State to audit records and interview staff in any contract or subcontract related to performance of this Agreement.
[It may be helpful to share the Terms and Conditions and Procedures and Requirements with your finance department, contractors and subcontractors. Examples of audit documentation include, but are not limited to: expenditure ledger, payroll register entries and time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts, change orders, invoices, and/or cancelled checks.]
Authorized Representative
The grantee shall continuously maintain a representative vested with signature authority authorized to work with CalRecycle on all grant-related issues. The grantee shall, at all times, keep the Grant Manager informed as to the identity and contact information of the authorized representative.

Availability of Funds
CalRecycle's obligations under this Agreement are contingent upon and subject to the availability of funds appropriated for this grant.

Bankruptcy/Declaration of Fiscal Emergency Notification If the grantee files for protection under Chapter 9 of the U.S. Bankruptcy Code (11 U.S.C. §901 et seq.) or declares a fiscal emergency at any time during the Grant Term, the grantee shall notify CalRecycle within 15 days of such filing or declaration, pursuant to the procedures set forth in the section entitled “Communications” herein.

Charter Cities
If the grantee is a charter city, a joint powers authority that includes one or more charter cities, or the regional lead for a regional program containing one or more charter cities, the grantee shall not receive any grant funding if such funding is prohibited by Labor Code section 1782. If it is determined that Labor Code section 1782 prohibits funding for the grant project, this Agreement will be terminated and any disbursed grant funds shall be returned to CalRecycle.

Local Government Waste Tire Amnesty Grant Program Terms and Conditions 3 Child Support Compliance Act
For any agreement in excess of $100,000, the grantee acknowledges that:
(a) The grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Family Code Section 5200 et seq.; and (b) The grantee, to the best of its knowledge, is fully complying with the earnings assignment orders of all employees, and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

Communications
All communications from the grantee to CalRecycle shall be directed to the Grant Manager.

All notices, including reports and payment requests, required by this Agreement shall be given in writing by email, letter, or fax to the Grant Manager as identified in the Procedures and Requirements (Exhibit B). If an original document is required, prepaid mail or personal delivery to the Grant Manager is required following the email or fax.

Compliance
The grantee shall comply fully with all applicable federal, state, and local laws, ordinances, regulations, and permits. The grantee shall provide evidence, upon request, that all local, state, and/or federal permits, licenses, registrations, and approvals have been secured for the purposes for which grant funds are to be expended. The grantee shall maintain compliance with such requirements throughout the Grant Term. The grantee shall ensure that the requirements of the California Environmental Quality Act are met for any approvals or other requirements necessary to carry out the terms of this Agreement. The grantee shall ensure that all of grantee’s contractors and subcontractors have all local, state, and/or federal permits, licenses, registrations, certifications, and approvals required to perform the work for which they are hired. Any deviation from the requirements of this section shall result in nonpayment of grant funds.

Conflict of Interest
The grantee needs to be aware of the following provisions regarding current or former state employees. If the grantee has any questions on the status of any person rendering services or involved with this Agreement, CalRecycle must be contacted immediately for clarification.

Current State Employees (Pub. Contract Code, § 10410):
(a) No officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity, or enterprise is required as a condition of regular state employment. (b) No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.

Former State Employees (Pub. Contract Code, § 10411):

Local Government Waste Tire Amnesty Grant Program Terms and Conditions 4 (a) For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. (b) For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the twelve month period prior to his or her leaving state service.

If the grantee violates any provisions of above paragraphs, such action by the grantee shall render this Agreement void. (Pub. Contract Code, § 10420).

Contractors/Subcontractors
The grantee will be entitled to make use of its own staff and such contractors and subcontractors as are mutually acceptable to the grantee and CalRecycle. Any change in contractors or subcontractors must be mutually acceptable to the parties. Immediately upon termination of any such contract or subcontract, the grantee shall notify the Grant Manager.

Nothing contained in this Agreement or otherwise, shall create any contractual relation between CalRecycle and any contractors or subcontractors of grantee, and no agreement with contractors or subcontractors shall relieve the grantee of its responsibilities and obligations hereunder. The grantee agrees to be as fully responsible to CalRecycle for the acts and omissions of its contractors and subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the grantee. The grantee's obligation to pay its contractors and subcontractors is an independent obligation from CalRecycle’s obligation to make payments to the grantee.

As a result, CalRecycle shall have no obligation to pay or to enforce the payment of any moneys to any contractor or subcontractor.

Copyrights
Grantee retains title to any copyrights or copyrightable material produced pursuant to this Agreement. Grantee hereby grants to CalRecycle a royalty-free, nonexclusive, transferable, world-wide license to reproduce, translate, and distribute copies of any and all copyrightable materials produced pursuant this Agreement, for nonprofit, non-commercial purposes, and to have or permit others to do so on CalRecycle’s behalf. Grantee is responsible for obtaining any necessary licenses, permissions, releases or authorizations to use text, images, or other materials owned, copyrighted, or trademarked by third parties and for extending such licenses, permissions, releases, or authorizations to CalRecycle pursuant to this section.

Corporation Qualified to do Business in California
When work under this Agreement is to be performed in California by a corporation, the corporation shall be in good standing and currently qualified to do business in the State. "Doing business" is defined in Revenue and Taxation Code Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit.

Local Government Waste Tire Amnesty Grant Program Terms and Conditions 5 Discharge of Grant Obligations
The grantee's obligations under this Agreement shall be deemed discharged only upon acceptance of the final report by CalRecycle. If the grantee is a non-profit entity, the grantee’s Board of Directors shall accept and certify as accurate the final report prior to its submission to CalRecycle.

Disclaimer of Warranty
CalRecycle makes no warranties, express or implied, including without limitation, the implied warranties of merchantability and fitness for a particular purpose, regarding the materials, equipment, services or products purchased, used, obtained and/or produced with funds awarded under this Agreement, whether such materials, equipment, services or products are purchased, used, obtained and/or produced alone or in combination with other materials, equipment, services or products. No CalRecycle employees or agents have any right or authority to make any other representation, warranty or promise with respect to any materials, equipment, services or products, purchased, used, obtained, or produced with grant funds. In no event shall CalRecycle be liable for special, incidental or consequential damages arising from the use, sale or distribution of any materials, equipment, services or products purchased or produced with grant funds awarded under this Agreement.

Discretionary Termination
The Director shall have the right to terminate this Agreement at his or her sole discretion at any time upon 30 days written notice to the grantee. Within 45 days of receipt of written notice, grantee is required to:
(a) Submit a final written report describing all work performed by the grantee. (b) Submit an accounting of all grant funds expended up to and including the date of termination.
(c) Reimburse CalRecycle for any unspent funds.

Disputes
In the event of a dispute regarding performance under this Agreement or interpretation of requirements contained therein, the grantee may, in addition to any other remedies that may be available, provide written notice of the particulars of such dispute to the Branch Chief of Financial Resources Management Branch, Department of Resources Recycling and Recovery, PO Box 4025, Sacramento, CA 95812-4025. Such written notice must contain the grant number.

Unless otherwise instructed by the Grant Manager, the grantee shall continue with its responsibilities under this Agreement during any dispute.

Drug-Free Workplace Certification
The person signing this Agreement on behalf of the grantee certifies under penalty of perjury under the laws of California, that the grantee will comply with the requirements of the DrugFree Workplace Act of 1990 (Gov. Code, § 8350 et seq.) and will provide a drug-free workplace by taking the following actions:

Local Government Waste Tire Amnesty Grant Program Terms and Conditions 6 (a) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions that will be taken against employees for violations. (b) Establish a drug-free awareness program to inform employees about all of the following:
(1) The dangers of drug abuse in the workplace.
(2) The grantee's policy of maintaining a drug-free workplace. (3) Any available counseling, rehabilitation, and employee assistance programs. (4) Penalties that may be imposed upon employees for drug abuse violations. (c) Require that each employee who works on the grant:
(1) Receive a copy of the drug-free policy statement of the grantee. (2) Agrees to abide by the terms of such statement as a condition of employment on the grant.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and grantee may be ineligible for award of any future state agreements if CalRecycle determines that the grantee has made a false certification, or violated the certification by failing to carry out the requirements as noted above.

Effectiveness of Agreement
This Agreement is of no force or effect until signed by both parties.

Entire Agreement
This Agreement supersedes all prior agreements, oral or written, made with respect to the subject hereof and, together with all attachments hereto, contains the entire agreement of the parties.

Environmental Justice
In the performance of this Agreement, the grantee shall conduct its programs, policies, and activities that substantially affect human health or the environment in a manner that ensures the fair treatment of people of all races, cultures, and income levels, including minority populations and low-income populations of the state.

Expatriate Corporations
The person signing this Agreement on behalf of the grantee certifies under penalty of perjury under the laws of California, that the grantee is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Sections 10286 and 10286.1, and is eligible to contract with the State of California.

Failure to Perform as Required by this Agreement
CalRecycle will benefit from the grantee's full compliance with the terms of this Agreement only by the grantee's:
(a) Investigation and/or application of technologies, processes, and devices which support reduction, reuse, and/or recycling of wastes.
(b) Cleanup of the environment.
(c) Enforcement of solid waste statutes and regulations, as applicable.

Local Government Waste Tire Amnesty Grant Program Terms and Conditions 7 Therefore, the grantee shall be in compliance with this Agreement only if the work it performs results in:
(a) Application of information, a process, usable data or a product which can be used to aid in reduction, reuse, and/or recycling of waste.
(b) The cleanup of the environment.
(c) The enforcement of solid waste statutes and regulations, as applicable.

If the Grant Manager determines that the grantee has not complied with the Grant Agreement, the grantee may forfeit the right to reimbursement of any grant funds not already paid by CalRecycle, including, but not limited to, the 10 percent withhold.

In addition to forfeiture of grant funds, failure to perform as required by this Agreement may impact Grantee’s eligibility for future grants offered by CalRecycle.

Force Majeure
Neither CalRecycle nor the grantee, its contractors, vendors, or subcontractors, if any, shall be responsible hereunder for any delay, default, or nonperformance of this Agreement, to the extent that such delay, default, or nonperformance is caused by an act of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion, sabotage, flood, or other contingencies unforeseen by CalRecycle or the grantee, its contractors, vendors, or subcontractors, and beyond the reasonable control of such party.

Forfeit of Grant Funds/Repayment of Funds Improperly
Expended
If grant funds are not expended, or have not been expended, in accordance with this Agreement, or if real or personal property acquired with grant funds is not being used, or has not been used, for grant purposes in accordance with this Agreement, the Director, at his or her sole discretion, may take appropriate action under this Agreement, at law or in equity, including requiring the grantee to forfeit the unexpended portion of the grant funds, including, but not limited to, the 10 percent withhold, and/or to repay to CalRecycle any funds improperly expended.

Generally Accepted Accounting Principles
The grantee is required to use Generally Accepted Accounting Principles in documenting all grant expenditures.

Grant Manager
The Grant Manager’s responsibilities include monitoring grant progress, and reviewing and approving Grant Payment Requests and other documents delivered to CalRecycle pursuant to this Agreement. The Grant Manager may monitor grantee performance to ensure that the grantee expends grant funds appropriately and in a manner consistent with the terms and conditions contained herein. The Grant Manager does not have the authority to approve any deviation from or revision to the Terms and Conditions (Exhibit A) or the Procedures and Requirements (Exhibit B), unless such authority is expressly stated in the Procedures and Requirements (Exhibit B).

Local Government Waste Tire Amnesty Grant Program Terms and Conditions 8 Grantee Accountability
The grantee is ultimately responsible and accountable for the manner in which the grant funds are utilized and accounted for and the way the grant is administered, even if the grantee has contracted with another organization, public or private, to administer or operate its grant program. In the event an audit should determine that grant funds are owed to CalRecycle, the grantee is responsible for repayment of the funds to CalRecycle.

Grantee's Indemnification and Defense of the State
The grantee agrees to indemnify, defend and save harmless the state and CalRecycle, and their officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the grantee as a result of the performance of this Agreement.

Grantee's Name Change
A written amendment is required to change the grantee's name as listed on this Agreement.

Upon receipt of legal documentation of the name change, CalRecycle will process the amendment. Payment of Payment Requests presented with a new name cannot be paid prior to approval of the amendment.

In Case of Emergency
In the event of an emergency, or where there is an imminent threat to public health and safety or the environment, the grantee may choose, at its own risk, to incur grant-eligible expenses not previously included in the approved Budget, subject to subsequent approval by the Grant Manager of both the Budget change and the need to implement the Budget change on an emergency basis. The grantee shall notify the Grant Manager of the emergency and the Budget change at the earliest possible opportunity. CalRecycle reserves the right to accept or reject the grantee’s determination that the circumstances constituted an emergency or a threat to public health and safety or the environment. If the Grant Manager determines that the circumstances did not constitute an emergency or a threat to public health or safety, the Budget change will be disallowed.

Limited Waiver of Sovereign Immunity and Consent to
Jurisdiction
The Grantee expressly and irrevocably waives sovereign immunity (and any defenses based thereon) in favor of CalRecycle, but not as to any other person or entity, as to any dispute which specifically arises under this Agreement and not as to any other action, matters or disputes.

The Grantee does not waive its sovereign immunity with respect to (i) actions by third parties, except for parties acting on behalf of, under authorization from the Grantee or CalRecycle, or (ii) disputes between the Grantee and CalRecycle which do not specifically arise under this Agreement. The Grantee further agrees that exhaustion of tribal administrative remedies, Local Government Waste Tire Amnesty Grant Program Terms and Conditions 9 including before any tribal court, shall not be required prior to proceeding to filing a complaint in the appropriate court of law; and
The Grantee and CalRecycle agree that any monetary damages awarded or arising under this Agreement shall be exclusively limited to actual direct damages incurred based on obligations contained in this Agreement that have been demonstrated with substantial certainty and which do not, in any event, exceed the total amount of the award under this Agreement. The Grantee and CalRecycle agree not to assert any claim for damages, injunctive, or other relief which is not consistent with the provisions of this Agreement; and The Grantee and CalRecycle may seek, and the Grantee may seek after it has exhausted any available remedy through the Government Claims Program and the Program so approves, judicial review for breach of contract in the State Superior Court for Sacramento County, including any appellate proceedings. The Grantee and CalRecycle expressly consent to the jurisdiction of such Court, provided that:
(a) No person or entity other than the Grantee and CalRecycle is a party to the action, unless failure to join a third party would deprive the court of jurisdiction; provided, however, that nothing herein shall be construed to constitute a waiver of the sovereign immunity of the Grantee or CalRecycle in respect to any such third party. (b) The judgment so entered has the same force and effect as, and is subject to all the provisions of law relating to, a judgment in a civil action, and may be enforced like any other judgment of the court in which it is entered.

Nothing in this Agreement shall be construed to constitute a waiver of the sovereign immunity of the Grantee with respect to intervention by any additional party not deemed an indispensable party to the proceeding. Unless otherwise agreed by the Grantee and CalRecycle, any dispute resolution meetings or communications, or mediation, shall be in the context of a settlement discussion to potential litigation and remain confidential to the extent not prohibited by applicable law.

National Labor Relations Board Certification
The person signing this Agreement on behalf of the grantee certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against the grantee within the immediately preceding two-year period because of the grantee's failure to comply with an order of a federal court which orders the grantee to comply with an order of the National Labor Relations Board. This section is not applicable if the grantee is a public entity.

No Agency Relationship Created/Independent Capacity
The grantee and the agents and employees of grantee, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of CalRecycle.

No Waiver of Rights
CalRecycle shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by CalRecycle. No delay or omission on the part of CalRecycle in exercising any rights shall operate as a waiver of such right or any other right.

Local Government Waste Tire Amnesty Grant Program Terms and Conditions 10 A waiver by CalRecycle of a provision of this Agreement shall not prejudice or constitute a waiver of CalRecycle’s right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by CalRecycle, nor any course of dealing between CalRecycle and grantee, shall constitute a waiver of any of CalRecycle’s rights or of any of grantee’s obligations as to any future transactions. Whenever the consent of CalRecycle is required under this Agreement, the granting of such consent by CalRecycle in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of CalRecycle.

Non-Discrimination Clause
(a) During the performance of this Agreement, grantee and its contractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment on the bases enumerated in Government Code Section 12900 et seq. (b) The person signing this Agreement on behalf of the grantee certifies under penalty of perjury under the laws of California that the grantee has, unless exempted, complied with the nondiscrimination program requirements (Gov. Code, § 12990, subd. (a-f) and California Code of Regulations, Title 2, Section 8103). (Not applicable to public entities.) Order of Precedence
The performance of this grant shall be conducted in accordance with the Terms and Conditions, Procedures and Requirements, Project Summary/Statement of Use, Work Plan, and Budget of this Agreement, or other combination of exhibits specified on the Grant Agreement Coversheet attached hereto (collectively referred to as “Terms”). Grantee’s CalRecycle-approved Application (Grantee’s Application) is hereby incorporated herein by this reference. In the event of conflict or inconsistency between the articles, exhibits, attachments, specifications or provisions that constitute this Agreement, the following order of precedence shall apply:
(a) Grant Agreement Coversheet and any Amendments thereto (b) Terms and Conditions
(c) Procedures and Requirements
(d) Project Summary/Statement of Use
(e) Budget
(f) Work Plan
(g) Grantee’s Application
(h) All other attachments hereto, including any that are incorporated by reference.

Ownership of Drawings, Plans, and Specifications
The grantee shall, at the request of CalRecycle or as specifically directed in the Procedures and Requirements (Exhibit B), provide CalRecycle with copies of any data, drawings, design plans, specifications, photographs, negatives, audio and video productions, films, recordings, reports, findings, recommendations, and memoranda of every description or any part thereof, prepared under this Agreement. Grantee hereby grants to CalRecycle a royalty-free, nonexclusive, transferable, world-wide license to reproduce, translate, and distribute copies of any and all such materials produced pursuant this Agreement, for nonprofit, noncommercial purposes, and to have or permit others to do so on CalRecycle’s behalf.

Local Government Waste Tire Amnesty Grant Program Terms and Conditions 11 Payment
(a) The approved Budget, if applicable, is attached hereto and incorporated herein by this reference and states the maximum amount of allowable costs for each of the tasks identified in the Work Plan, if applicable, which is attached hereto and incorporated herein by this reference. CalRecycle shall reimburse the grantee for only the work and tasks specified in the Work Plan or the Grantee’s Application at only those costs specified in the Budget and incurred in the term of the Agreement.
(b) The grantee shall carry out the work described in the Work Plan or in the Grantee’s Application in accordance with the approved Budget, and shall obtain the Grant Manager’s written approval of any changes or modifications to the Work Plan, approved project as described in the Grantee’s Application or the approved Budget prior to performing the changed work or incurring the changed cost. If the grantee fails to obtain such prior written approval, the Director, at his or her sole discretion, may refuse to provide funds to pay for such work or costs.
(c) The grantee shall request reimbursement in accordance with the procedures described in the Procedures and Requirements.
(d) Ten percent will be withheld from each Payment Request and paid at the end of the grant term, when all reports and conditions stipulated in this Agreement have been satisfactorily completed. Failure by the grantee to satisfactorily complete all reports and conditions stipulated in this Agreement may result in forfeiture of any such funds withheld pursuant to CalRecycle’s 10 percent retention policy.
(e) Lodgings, Meals and Incidentals: Grantee’s Per Diem eligible costs are limited to the amounts authorized in the California State Administrative Manual (contact the Grant Manager for more information).
(f) Payment will be made only to the grantee.
(g) Reimbursable expenses shall not be incurred unless and until the grantee receives a Notice to Proceed as described in the Procedures and Requirements (Exhibit B).

Personal Jurisdiction
The grantee consents to personal jurisdiction in the State of California for all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties. Native American Tribal grantees expressly waive tribal sovereign immunity as a defense to any and all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties.

Personnel Costs
If there are eligible costs pursuant to Exhibit B, Procedures and Requirements, any personnel expenditures to be reimbursed with grant funds must be computed based on actual time spent on grant-related activities and on the actual salary or equivalent hourly wage the employee is paid for his or her regular job duties, including a proportionate share of any benefits to which the employee is entitled, unless otherwise specified in the Procedures and Requirements (Exhibit B).

Real and Personal Property Acquired with Grant Funds
(a) All real and personal property, including equipment and supplies, acquired with grant funds shall be used by the grantee only for the purposes for which CalRecycle approved Local Government Waste Tire Amnesty Grant Program Terms and Conditions 12 their acquisition for so long as such property is needed for such purposes, regardless of whether the grantee continues to receive grant funds from CalRecycle for such purposes.

In no event shall the length of time during which such property, including equipment and supplies, acquired with grant funds, is used for the purpose for which CalRecycle approved its acquisition be less than five (5) years after the end of the grant term, during which time the property, including equipment and supplies, must remain in the State of California.
(b) Subject to the obligations and conditions set forth in this section, title to all real and personal property acquired with grant funds, including all equipment and supplies, shall vest upon acquisition in the grantee. The grantee may be required to execute all documents required to provide CalRecycle with a security interest in any real or personal property, including equipment and supplies, and it shall be a condition of receiving this grant that CalRecycle shall be in first priority position with respect to the security interest on any such property acquired with the grant funds, unless pre-approved in writing by the Grant Manager that CalRecycle will accept a lower priority position with respect to the security interest on the property. Grantee shall inform any lender(s) from whom it is acquiring additional funding to complete the property purchase of this grant condition. (c) The grantee may not transfer Title to any real or personal property, including equipment and supplies, acquired with grant funds to any other entity without the express authorization of CalRecycle. Grantee’s violation of this provision shall result in Grantee’s reimbursement to CalRecycle of the amount of grant funds used to purchase said equipment and supplies.
(d) CalRecycle will not reimburse the grantee for the acquisition of equipment that was previously purchased with CalRecycle grant funds, unless the acquisition of such equipment with grant funds is pre-approved in writing by the Grant Manager. In the event of a question concerning the eligibility of equipment for grant funding, the burden will be on the grantee to establish the pedigree of the equipment.

Reasonable Costs
A cost is reasonable if, in its nature or amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost. Consideration will be given to:
(a) Whether the cost is of a type generally recognized as ordinary and necessary for the performance of the grant.
(b) The restraints or requirements imposed by such factors as generally accepted sound business practices, arms-length bargaining, federal and state laws and regulations, and the terms and conditions of this Agreement.
(c) Whether the individuals concerned acted with prudence in the circumstances, considering their responsibilities to the organization, its members, employees, clients, and the public at large.
(d) Significant deviations from the established practices of the organization which may unjustifiably increase the grant costs.

Recycled-Content Paper
All documents submitted by the grantee must be printed double-sided on recycled-content paper containing 100 percent post-consumer fiber. Specific pages containing full color photographs or other ink-intensive graphics may be printed on photographic paper.

Local Government Waste Tire Amnesty Grant Program Terms and Conditions 13 Reduction of Waste
In the performance of this Agreement, grantee shall take all reasonable steps to ensure that materials purchased or utilized in the course of the project are not wasted. Steps should include, but not be limited to: the use of used, reusable, or recyclable products; discretion in the amount of materials used; alternatives to disposal of materials consumed; and the practice of other waste reduction measures where feasible and appropriate.

Reduction of Waste Tires
Unless otherwise provided for in this Agreement, in the performance of this Agreement, for all purchases made with grant funds, including, but not limited to equipment and tire-derived feedstock, the grantee shall purchase and/or process only California waste tires and California waste tire-derived products. As a condition of final payment under this Agreement, the grantee must provide documentation substantiating the source of the tire materials used during the performance of this Agreement to the Grant Manager.

Reimbursement Limitations
Under no circumstances shall the grantee seek reimbursement pursuant to this Agreement for a cost or activity that has been or will be paid for through another funding source. The grantee shall not seek reimbursement for any costs used to meet cost sharing or matching requirements of any other CalRecycle funded program.

All costs charged against the Agreement shall be net of all applicable credits. The term “applicable credits” refers to those receipts or reductions of expenditures that operate to offset or reduce expense items that are reimbursable under this Agreement. Applicable credits may include, but are not necessarily limited to, rebates or allowances, discounts, credits toward subsequent purchases, and refunds. Grantee shall, where possible, deduct the amount of the credit from the amount billed as reimbursement for the cost, or shall deduct the amount of the credit from the total billed under a future invoice.

Reliable Contractor Declaration
Prior to authorizing any contractor or subcontractor to commence work under this Grant, the grantee shall submit to CalRecycle a Reliable Contractor Declaration (CalRecycle 168) from the contractor or subcontractor, signed under penalty of perjury, disclosing whether of any of the events listed in Section 17050 of Title 14, California Code of Regulations, Natural Resources (https://www.calrecycle.ca.gov/laws/regulations/title14), Division 7, has occurred with respect to the contractor or subcontractor within the preceding three (3) years. If a contractor is placed on CalRecycle’s Unreliable List after award of this Grant, the grantee may be required to terminate that contract.

Remedies
Unless otherwise expressly provided herein, the rights and remedies hereunder are in addition to, and not in limitation of, other rights and remedies under this Agreement, at law or in equity, and exercise of one right or remedy shall not be deemed a waiver of any other right or remedy.

Local Government Waste Tire Amnesty Grant Program Terms and Conditions 14 Self-Dealing and Arm’s Length Transactions
All expenditures for which reimbursement pursuant to this Agreement is sought shall be the result of arm’s-length transactions and not the result of, or motivated by, self-dealing on the part of the grantee or any employee or agent of the grantee. For purposes of this provision, “arm’s-length transactions” are those in which both parties are on equal footing and fair market forces are at play, such as when multiple vendors are invited to compete for an entity’s business and the entity chooses the lowest of the resulting bids. “Self-dealing” is involved where an individual or entity is obligated to act as a trustee or fiduciary, as when handling public funds, and chooses to act in a manner that will benefit the individual or entity, directly or indirectly, to the detriment of, and in conflict with, the public purpose for which all grant monies are to be expended.

Severability
If any provisions of this Agreement are found to be unlawful or unenforceable, such provisions will be voided and severed from this Agreement without affecting any other provision of this Agreement. To the full extent, however, that the provisions of such applicable law may be waived, they are hereby waived to the end that this Agreement be deemed to be a valid and binding agreement enforceable in accordance with its terms.

Site Access
The grantee shall allow the state to access sites at which grant funds are expended and related work being performed at any time during the performance of the work and for ninety (90) days after completion of the work, or until all issues related to the grant project have been resolved.

Stop Work Notice
Immediately upon receipt of a written notice from the Grant Manager to stop work, the grantee shall cease all work under this Agreement.

Termination for Cause
CalRecycle may terminate this Agreement and be relieved of any payments should the grantee fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination, CalRecycle may proceed with the work in any manner deemed proper by CalRecycle. All costs to CalRecycle shall be deducted from any sum due the grantee under this Agreement. Termination pursuant to this section may result in forfeiture by the grantee of any funds retained pursuant to CalRecycle’s 10 percent retention policy.

Time is of the Essence
Time is of the essence to this Agreement.

Tolling of Statute of Limitations
The statute of limitations for bringing any action, administrative or civil, to enforce the terms of this Agreement or to recover any amounts determined to be owing to CalRecycle as the Local Government Waste Tire Amnesty Grant Program Terms and Conditions 15 result of any audit of the grant covered by this Agreement shall be tolled during the period of any audit resolution, including any appeals by the grantee to the Director.

Union Organizing
By signing this Agreement, the grantee hereby acknowledges the applicability of Government Code Sections 16645, 16645.2, 16645.8, 16646, 16647, and 16648 to this Agreement and hereby certifies that:
(a) No grant funds disbursed by this grant will be used to assist, promote, or deter union organizing by employees performing work under this Agreement. (b) If the grantee makes expenditures to assist, promote, or deter union organizing, the grantee will maintain records sufficient to show that no state funds were used for those expenditures, and that grantee shall provide those records to the Attorney General upon request.

Venue/Choice of Law
(a) All proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder shall be held in Sacramento County, California. The parties hereby waive any right to any other venue.

The place where the Agreement is entered into and place where the obligation is incurred is Sacramento County, California.
(b) The laws of the State of California shall govern all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder.

Waiver of Claims and Recourse against the State
The grantee agrees to waive all claims and recourse against the state, its officials, officers, agents, employees, and servants, including, but not limited to, the right to contribution for loss or damage to persons or property arising out of, resulting from, or in any way connected with or incident to this Agreement. This waiver extends to any loss incurred attributable to any activity undertaken or omitted pursuant to this Agreement or any product, structure, or condition created pursuant to, or as a result of, this Agreement.

Work Products
Grantee shall provide CalRecycle with copies of all final products identified in the Work Plan.

Grantee shall also provide CalRecycle with copies of all public education and advertising material produced pursuant to this Agreement.

Workers’ Compensation/Labor Code
The grantee is aware of Labor Code Section 3700, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the Labor Code, and the grantee agrees to comply with such provisions before commencing the performance of the work of this Agreement.

Procedures and Requirements
Local Government Waste Tire Amnesty Grant Program (FY 2023–24) 1 February 2023
Department of Resources Recycling and Recovery
Exhibit B
Procedures and Requirements Local
Government Waste Tire Amnesty Grant
Program
TA7 Cycle Fiscal Year 2023–24
Copies of these Procedures and Requirements must be shared with both the Finance Department and the staff responsible for implementing the grant activities.

Cal Recycle~
Procedures and Requirements
Local Government Waste Tire Amnesty Grant Program (FY 2023–24) 2 Table of Contents
Exhibit B.......................................................................................................................... 1 Procedures and Requirements Local Government Waste Tire Amnesty Grant Program 1 Introduction.................................................................................................................. 3 Milestones ................................................................................................................... 3 Grants Management System (GMS)............................................................................ 3 Accessing the Grant................................................................................................. 3 Contact Updates ...................................................................................................... 4 Prior to Commencing Work.......................................................................................... 5 Reliable Contractor Declaration ............................................................................... 5 Waste & Used Tire Hauler and End Use and Disposal Facilities ............................. 5 Waste Tire Hauling Limits ........................................................................................ 6 Maximum Tires Per Individual.................................................................................. 6 Grant Term .................................................................................................................. 7 Eligible Costs ........................................................................................................... 7 Ineligible Costs......................................................................................................... 8 Modifications ............................................................................................................ 8 Acknowledgements .................................................................................................. 9 Reporting Requirements ........................................................................................ 10 Electronic and Original Signatures......................................................................... 10 Progress Report..................................................................................................... 10 Final Report ........................................................................................................... 11 Grant Payment Information .................................................................................... 11 Audit Considerations .............................................................................................. 13 Procedures and Requirements
Local Government Waste Tire Amnesty Grant Program (FY 2023–24) 3 Introduction
The Department of Resources Recycling and Recovery (CalRecycle) administers the Local Government Waste Tire Amnesty Grant Program. These Procedures and Requirements describe project and reporting requirements, report due dates, report contents, grant payment conditions, eligible and ineligible project costs, project completion and closeout procedures, and records and audit requirements.

In a Regional Grant, the term “grantee” used throughout this document refers to the Lead Participant (Lead). The Lead is designated to act on behalf of all Non-Lead Participant(s). The Lead manages the grant, is responsible for the performance of the grant and all required documentation, and administers the grant funds to its Non-Lead Participants on its behalf.

This document is attached to, and incorporated by reference, into the Grant Agreement.

Milestones
Note to Proceed Date: Grant Term Begins on the date that CalRecycle emails the Notice to Proceed.

With each Payment Request: Progress Report Due
October 30, 2025: Final Report and Final Payment Request Due October 30, 2025: Grant Term End
Grants Management System (GMS)
GMS is CalRecycle’s web-based grant application and Grants Management System.

Access to GMS is secure; grantees must log in using a WebPass. WebPass accounts are tied to a specific email address. If an email address changes, or if it becomes inactive, the grantee must create a new WebPass account to continue accessing GMS.

Establish or manage a WebPass at CalRecycle’s WebPass page (https://secure.calrecycle.ca.gov/WebPass/).

Accessing the Grant
Grantees must log in to GMS (https://secure.calrecycle.ca.gov/Grants) using their web pass. After logging in, locate the grant in the My Awarded/Open Grants table and select the Grant Management link. The Grant Management Module includes the following sections:
• Summary tab: Shows approved budget, paid and remaining amounts. (This section is available to the grantee in read-only mode.) • Payment Request tab: Grantee requests reimbursement.
• Reports tab: Grantee uploads required reports.
• Documents tab: Grantee uploads all other grant documents that are not supporting documents to a payment request or a report. This section also provides access to documents that were uploaded within other sections of GMS. • Sites tab: Shows amnesty event locations.

Procedures and Requirements
Local Government Waste Tire Amnesty Grant Program (FY 2023–24) 4 Follow the instructions in GMS to work in the system. The following sections describe the reports, transactions, and supporting documents CalRecycle requires.

Contact Updates
Access to the grant is limited to those listed in the Contacts tab of the Application Module with the “Allow Access” check box marked. A contact may be listed but not granted access by not checking the box. Please note, if a contact is granted access to a grant, they will be able to edit contacts, submit payment requests, upload reports, and view all documents. Those with access may update contact information for all contact types except Signature Authority. Email the assigned Grant Manager regarding any changes to Signature Authority information.

Procedures and Requirements
Local Government Waste Tire Amnesty Grant Program (FY 2023–24) 5 Prior to Commencing Work
Prior to commencing work under this grant, the grantee’s Grant Manager or primary contact and authorized grant Signature Authority should review the Terms and Conditions (Exhibit A) and the Procedures and Requirements (Exhibit B) to identify key grant administrative requirements. Evaluation of the grantee’s compliance with these requirements is a major focus of grant audits.

Reliable Contractor Declaration
Prior to authorizing a contractor or subcontractor to commence work under this grant, the grantee shall submit to the Grant Manager a declaration from the contractor or subcontractor, signed under penalty of perjury, stating that within the preceding three (3) years, none of the events listed in section 17050 of Title 14 (https://www.calrecycle.ca.gov/Laws/Regulations/Title14/), California Code of Regulations, Natural Resources, Division 7, has occurred with respect to the contractor or subcontractor. The grantee must submit this form for each contractor and subcontractor working under the grant.

If a contractor or subcontractor is placed on the CalRecycle Unreliable Contractor List (https://www.calrecycle.ca.gov/Funding/Unreliability/) after award of this grant, the grantee may be required to terminate the contract. Obtain the Reliable Contractor Declaration form (CalRecycle 168) from CalRecycle's Grant Forms web page (https://www.calrecycle.ca.gov/Funding/Forms/).

The grantee must upload a scanned copy of each signed Reliable Contractor Declaration form in GMS. To upload the form:

1. Go to the Reports tab.

2. Click on Reliable Contractor Declaration under Report Type.

3. Click the Add Document button.

4. Select Reliable Contractor Declaration in the Document Type drop down box, enter a document title, click the Browse button to search and upload the document, and then Save.

5. Click on the Submit Report button.

For further instructions regarding GMS, including login directions, see the “Grants Management System” section (above). For further instructions regarding uploading documents, see the “Grants Management System”
(https://www.calrecycle.ca.gov/funding/gms) section of the CalRecycle web site for instructions and links to instructional videos.

Waste & Used Tire Hauler and End Use and Disposal
Facilities
CalRecycle has specific requirements for the tracking of used and waste tires remediated with grant funds. To be reimbursed for the cost of tire collection, Grantees and their contractors must use a waste/used tire hauler that is registered with CalRecycle, unless it is exempt pursuant to Public Resources Code section 42954.

Furthermore, the tires must be transported to a facility that is permitted, excluded, exempted, or otherwise authorized by CalRecycle, by statute, or by regulation, to accept Procedures and Requirements
Local Government Waste Tire Amnesty Grant Program (FY 2023–24) 6 waste and used tires, or to a facility that lawfully accepts waste and used tires for reuse or disposal
When planning for an amnesty event, the Grantee shall contact the CalRecycle Tire Management Program Hotline at (866) 896-0600 (toll free) to verify that the used tire hauler (tire hauler) and end use facility (facility) it intends to use are in compliance with applicable laws and regulations. The name and address of the tire hauler and the facility are necessary for verification.

A Tire Program Identification (TPID) Number will need to be obtained, by calling the Hotline number listed above for each amnesty event location.

Waste Tire Hauling Limits
The Grantee must comply with the hauling and manifest requirements set forth in Title 14, California Code of Regulations, sections 18461(b)(2) and (3). For purposes of amnesty events, these regulations provide that:
• The Grantee may accept up to 9 waste tires at amnesty events from individuals who are not registered waste tire haulers.
• The Grantee may accept 10-20 waste tires if the individual has a waiver from the Local Enforcement Agency (LEA).
o If the individual does not have a waiver from the LEA to haul more than 9 tires, the Grantee may accept the tires, but must report this information on the Unregistered Hauler & Comprehensive Trip Log Substitution Form (Unregistered Hauler Trip Log) (CalRecycle 204) and submit the form to CalRecycle within 30 days of acceptance of the tires.
o If the Grantee accepts more than 20 waste tires from an individual, the Grantee must report this information on the Unregistered Hauler Trip Log and submit the form to CalRecycle within 30 days of acceptance of the tires.
o The Unregistered Hauler Trip Logs should be sent to the following:

By mail: CalRecycle, Tire Hauler Compliance Unit, 10th Floor P.O. Box 4025
Sacramento, CA 95812
Email: [email protected]
Fax: (916) 319-7605
• The Grantee may also accept waste tires from farmers and small businesses that generated the tires in the normal course of operations and are not a tire changing business. Grantee must provide a manifest to this type of customer.

In addition, Senate Bill 230 (Cogdill, Chapter 41, Statutes of 2009) sets forth the following additional requirements:
• Any person transporting waste or used tires that were illegally dumped onto their property to an amnesty event must have written authorization from the LEA, which includes, dates and documentation that a police report has been filed for the illegally dumped tires.

Maximum Tires Per Individual
An individual should be limited to a maximum of 40 tires per amnesty event, or 40 tires per month if a permanent location.

Procedures and Requirements
Local Government Waste Tire Amnesty Grant Program (FY 2023–24) 7 Grant Term
The Grant Term begins on the date of the Notice to Proceed (NTP) email, which is the formal notification from CalRecycle authorizing the grantee to begin the grant project and ends on October 30, 2025. The grantee must make all grant-eligible program expenditures and incur all grant-eligible costs within this period. Expenditures made or costs incurred prior to the NTP date or after the end date are not eligible for reimbursement.

The Final Report and final Payment Request are due on October 30, 2025. CalRecycle recommends reserving the period from August 4, 2025 to October 30, 2025 exclusively for the preparation of the Final Report and final Payment Request, though they may be completed earlier.

Eligible Costs
Grantees may incur eligible costs only during the Grant Term, which starts when the grantee receives a Notice to Proceed from CalRecycle and ends on October 30, 2025.

See “Grant Term” for additional information. All grant expenditures must be for activities, products, and costs specifically included in the approved Work Plan and approved Budget. To be eligible for reimbursement, costs must be incurred after receiving a Notice to Proceed and before the end of the Grant Term. All services must be provided, and goods received during this period in order to be eligible costs.

Invoices for goods and services must be paid by the grantee prior to the inclusion of those goods or services on a payment request.

Eligible costs are limited to the following:
• Cost of loading tires into transporting vehicles/trailers at the waste tire amnesty events.
• Cost of transporting waste tires by a waste tire hauler, registered or exempted by CalRecycle, to a permitted, excluded, or exempted waste tire storage facility, or other solid waste facility.
• Cost of transporting waste tires for a specific end-use to a CalRecycle approved end-use facility. Waste tires must be transported by a CalRecycle approved waste tire hauler to a CalRecycle approved end-use facility. • Cost of disposing of waste tires at a permitted, excluded, or exempted waste tire storage facility or disposal site.
• Any salaries and benefits for personnel directly involved in the administration and supervision of amnesty events, including the preparation of payment requests and final reports, incurred prior to the grant term end date. • Any salaries and benefits for personnel directly involved in event planning, creation of educational materials and advertisements in support of amnesty events and working at the amnesty events.
• Costs associated with outreach, such as the production/media purchases for educational materials such as flyers, brochures and radio and newspaper advertisements in support of the amnesty events, not to exceed 15 percent of the approved Budget.
• Supplies necessary for the events such as gloves, traffic cones and clipboards. • Tires generated from agricultural operations and small businesses that do not change tires on customer vehicles.

Procedures and Requirements
Local Government Waste Tire Amnesty Grant Program (FY 2023–24) 8 • Costs of loading and transporting tires collected from specific cleanup days such as beach and river cleanups.
• Mileage of up to $0.655 per mile (or the rate identified on the CalHR website (https://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx) at the time the cost was incurred) for travel to amnesty events. • Overtime costs for local government staffing during specially scheduled evening or weekend events when pre-approved in writing by the Grant Manager when law or labor contracts require overtime compensation.

Ineligible Costs
Any costs not specifically included in the approved Budget and not directly related to waste tire amnesty events and the approved grant project are ineligible for reimbursement. The grantee should contact the Grant Manager if clarification is needed.

Ineligible costs include, but are not limited to:
• Costs incurred prior to the date that CalRecycle sends the Notice to Proceed email or after October 30, 2025.
• Personnel time for the preparation of a Waste Tire Amnesty Grant Application. • Any costs that are not consistent with local, state, and federal laws, guidelines, and regulations.
• Personnel costs incurred while an employee assigned to the grant project is not working on the grant (e.g., use of accrued time such as sick leave, vacation, etc.).
• Costs covered by, or incurred under, another CalRecycle-funded loan, grant, grant cycle or contract.
• Overhead (costs for accounting/budget/finance staff, rental/lease of space, utilities, copying, office supplies, etc.).
• Costs for obtaining necessary permits and licenses.
• Fines or penalties due to violation of federal, state, or local laws, ordinances, or regulations.
• Personnel travel or per diem costs, unless preapproved in writing by the Grant Manager.
• Cameras, cell phones, electronic personal data devices, pagers, and other similar electronic devices.
• Costs connected with contractor claims against the grantee. • Cost of collecting waste tires from waste tire generating businesses (those that change tires on customer vehicles) and/or waste tire haulers. • Cost of collecting waste tires from businesses that are responsible for contracting with registered waste tire haulers for the removal of their waste tires. o If it is determined that the Grantee has used grant funds for this purpose, costs incurred will be deemed ineligible and disbursed grant funds associated with these costs must be returned to CalRecycle.

Any costs that are unrelated to the grant project or unreasonable as determined by the Grant Manager.

Modifications
The grantee must submit any proposed revision(s) to the Work Plan and/or Budget in writing to the Grant Manager. The grantee may not incur costs or make expenditures Procedures and Requirements
Local Government Waste Tire Amnesty Grant Program (FY 2023–24) 9 based on the revision without first receiving the Grant Manager’s written approval.

Proposed revisions must be clearly marked on the Work Plan and/or Budget and must be accompanied by a summary of proposed changes or modifications, including justification for the proposed changes. If approved, the Grant Manager will upload the final revised Work Plan and/or Budget to GMS and notify the grantee. The grantee may submit proposed revisions in conjunction with a Progress Report, but they cannot be submitted as part of the Progress Report. The grantee should retain the approval document(s) for audit purposes. See the “Audit Record/Access” section of the Terms and Conditions (Exhibit A).

To request a budget modification:
• Complete the Budget Modification document with proposed changes. • Email the Budget Modification document as an attachment to the Grant Manager.

Include a specific justification for the request in the email. • If the change involves adding a new line item to the budget, a narrative justification must also be included.

Acknowledgements
The grantee shall acknowledge CalRecycle’s support each time a project funded, in whole or in part, by this Agreement is publicized in any medium, including news media, brochures, or other types of promotional materials. The acknowledgement of CalRecycle’s support must incorporate the CalRecycle logo. Initials or abbreviations for CalRecycle shall not be used. The Grant Manager may approve deviation from this requirement on a case-by-case basis where such deviation is consistent with CalRecycle’s Communication Strategy and Outreach Plan. Contact your Grant Manager for the CalRecycle logo.

Any publicity or advertisement must clearly state:
• Tires will be accepted at no charge
• Whether tires on rims are accepted
• No tires from waste tire generating businesses will be accepted • The number of tires allowed
o Up to 9 tires without an exemption
o Between 10 and 20 tires with an exemption from the Local Enforcement Agency (LEA). If allowed, a contact number for the LEA should be provided. • Acknowledgement of CalRecycle’s support along with the CalRecycle logo.

Initials or abbreviations for CalRecycle may not be used. o The Grant Manager may approve deviation from this requirement on a caseby-case basis where such deviation is consistent with CalRecycle’s Communication Strategy and Outreach Plan. Contact your Grant Manager for the CalRecycle logo.

An advertisement for an amnesty event may be combined on the same publication with other advertising and a portion of the cost charged to the amnesty grant accordingly.

Preapproval of public education materials is not required, however if one or more of the required elements above are not included the CalRecycle Grant Manager may only approve part, or none of the expenditure. A copy of all public education materials paid for with grant funds must be included when reimbursement is requested.

Procedures and Requirements
Local Government Waste Tire Amnesty Grant Program (FY 2023–24) 10 Reporting Requirements
The Grant Agreement requires a Progress Report and a Final Report; however, the Grant Manager may require additional Progress Reports at any time during the Grant Term. Failure to submit the Final Report with appropriate documentation by the due date may result in rejection of the Payment Request and/or forfeiture by the grantee of claims for costs incurred that might otherwise have been eligible for grant funding.

The grantee must upload all reports in GMS. For further instructions regarding GMS, including login directions, see the “Grants Management System” section (above).

To upload a report:

1. Go to the Reports tab.

2. Click on the appropriate Report Type.

3. Click on the Add Document button.

4. Choose the Document Type, enter a document title, click the Browse button to search and upload the document, and then Save.
• Select the Back button to upload another document and continue the process until all required documents as listed below are uploaded. • The maximum allowable file size for each document is 35MB.

5. Click the Submit Report button to complete your report submittal. The Submit Report button will not be enabled until all required reporting documents are uploaded.

The reports must be current, include all required sections and documents, and must be approved by the Grant Manager before any Payment Request can be processed.

Failure to comply with the specified reporting requirements may be considered a breach of the Grant Agreement and may result in the termination of the Grant Agreement, rejection of the Payment Request, and/or forfeiture by the grantee of claims for costs incurred that might otherwise have been eligible for grant funding. The grantee must report any problems or delays immediately to the Grant Manager.

Electronic and Original Signatures
CalRecycle requires certified e-Signature on documents or forms that certify legally binding information.

Note: E-signatures must include the first and last name of the Signature Authority, be in the Adobe Digital ID format (or through another certified digital signature program) and cannot be the “Fill and Sign” function within Adobe. Any documents using the “Fill and Sign” method is considered incomplete and may be sent back to the grantee.

If you have questions, email [email protected].

Progress Report
The grantee must submit a Progress Report by the due dates listed in the Milestones Section of this document. These reports should cover grant activities that occurred within the specified reporting period.

Procedures and Requirements
Local Government Waste Tire Amnesty Grant Program (FY 2023–24) 11 Final Report
The Final Report is due October 30, 2025. This report should cover grant activities from the Notice to Proceed through October 30, 2025. The grantee must include the following items in the Final Report:
• The Grant Number, grantee’s name, and Grant Term.
• The following disclaimer statement on the cover page:
“The statements and conclusions of this report are those of the grantee and not necessarily those of the Department of Resources Recycling and Recovery (CalRecycle), its employees, or the State of California. The state makes no warranty, express or implied, and assumes no liability for the information contained in the succeeding text.”
The Progress Report and Final Report may be downloaded from the CalRecycle Grant Forms website (http://www.calrecycle.ca.gov/Funding/Forms) or from the Summary Tab in GMS.

Grant Payment Information
• Payment to the grantee for eligible grant expenses is made on a reimbursement basis only, and only for those materials and services specified in the approved grant application.
• The grantee must submit the required Progress Report/Final Report prior to, or concurrent with, submission of the Grant Payment Request. No reimbursement is made prior to Grant Manager approval of the report.
• The grantee must submit a completed Grant Payment Request and provide supporting documentation as described in the “Payment Request and Documentation” section.
• CalRecycle will make grant payments to only the grantee. It is the grantee’s responsibility to pay all contractors and subcontractors for purchased goods and services.
• CalRecycle will withhold and retain 10 percent of each approved Grant Payment Request amount until all conditions stipulated in the Agreement, including submission and Grant Manager approval of the Progress and Final Reports have been satisfied.
• CalRecycle will make payments to the grantee as promptly as fiscal procedures permit. The grantee can typically expect payment approximately 45 days from the date the Grant Manager approves a Grant Payment Request. • The grantee must provide a Reliable Contractor Declaration (CalRecycle 168) (https://www.calrecycle.ca.gov/Funding/forms/) signed under penalty of perjury by the grantee’s contractors and subcontractors in accordance with the “Reliable Contractor Declaration” section of the Terms and Conditions (Exhibit A). The declaration must be received and approved by the Grant Manager prior to commencement of work. See the “Reliable Contractor Declaration” section in Terms and Conditions (Exhibit A) for more information.

Payment Request and Documentation
Failure to submit the final Payment Request with appropriate documentation by the due date may result in rejection of the Payment Request and/or forfeiture by the grantee of claims for costs incurred that might otherwise have been eligible for grant funding.

Procedures and Requirements
Local Government Waste Tire Amnesty Grant Program (FY 2023–24) 12 The grantee must submit payment requests in GMS. For further instructions regarding GMS, including login directions, see the “Grants Management System” section (above).

To submit a Grant Payment Request:

1. Go to the Payment Request tab.

2. Click on the Create a Payment Request button.
a. Choose Reimburse for the Transaction Type and enter the amount spent in each budget subcategory.
b. When the transaction is complete, click the Save button. c. After the transaction is saved, the Upload Supporting Documents button will appear in the lower right corner.

3. Click the Upload Supporting Documents button.
a. Choose the Document Type, enter a document title, click the Browse button to search and upload the document, and then Save. b. Select the Back button to upload another document and continue this process until all required supporting documents as listed below are uploaded.
c. The maximum allowable file size for each document is 35MB.

4. Click the Submit Transaction button, located on the transaction page, to complete your payment request. The Submit Transaction button will not be enabled until all required supporting documents are uploaded. a. Note: Once a transaction is saved, select the transaction number from the Payment Request tab to access it again. Please do not create multiple transactions for the same requested funds.

Supporting Documentation
• Grant Payment Request form (CalRecycle 87)
o A scanned copy with the signature of the signatory or his/her designee, as authorized by grantee’s Resolution, must be uploaded to GMS. ▪ Note: A designee may sign on behalf of the grantee if a) authorized by the Resolution, and b) a Letter of Designation has been provided to the Grant Manager.
• Cost and Payment Documentation
o Acceptable cost and payment documentation must include at least one of each of the following.
▪ Invoices, receipts, or purchase orders must include the vendor’s name and telephone number, address, description of goods or services purchased, amount due, and date. The claimed expenses should be highlighted each invoice.
o Proof of payment may include:
▪ copy of cancelled check(s) that shows an endorsement from the banking institution
▪ invoice(s) showing a zero balance, or stamped “paid” with a check number, date paid, and initials
▪ accounting system report from local government if it contains the vendor’s name, date of invoice, invoice number, check number or internal ID, and date amount was paid
▪ bank statement(s) along with a copy of the endorsed check or invoice showing the check number
▪ copy of an electronic funds transfer confirmation
▪ copy of a credit card statement(s)
Procedures and Requirements
Local Government Waste Tire Amnesty Grant Program (FY 2023–24) 13 o The Grant Manager may require additional cost and payment documentation as necessary to verify eligible costs.
• Expenditure Itemization Summary (CalRecycle 755)
Use this form to document grant expenses, arranged in the same budget categories as the approved Budget. Include only those expenditures authorized in the grant budget. Provide sufficient detail to allow the Grant Manager to match supporting documentation to each expenditure.

The following documents are part of the payment request, but may not be required each time:
• Personnel Expenditure Summary (CalRecycle 165)
Use this form for all grantee claimed personnel expenses. A grantee may use their own personnel expenditure summary form if it includes all the same components. Personnel hours and costs on the Personnel Expenditure Summary must be summarized and totaled by task and staff. It is not necessary to submit timesheets, however, they must be readily available should the Grant Manager, or an auditor, request them. Time must be computed on actual time spent on grant related activities and must be the actual amount paid to the employee. If the Summary shows time spent on additional projects, highlight the entries applicable to the grant. It is not necessary to submit a Personnel Expenditure Summary for contractors.
• Waste Tire Manifests
Grantee must provide documentation showing the transportation of all waste tires to an eligible facility. This can be in the form of waste tire manifest copies, or a spreadsheet approved by the Grant Manager. Provide justification if tires were hauled, but manifests are not included.
• Public Education/Advertising Artwork
Include a copy of all artwork paid for with grant funding during the reporting period, if applicable.

Payment Requests will be reviewed for accuracy and cost eligibility. The Grant Manager may request additional documentation and will adjust, as necessary.

Payments will be approved when the Grant Manager determines that the request is accurate, complete, eligible, and accompanied by all required documentations. All costs and activities claimed for reimbursement must be approved in the Budget. If the Grant Manager determines that an activity or cost is ineligible, inappropriate, excessive, unreasonable, or not related to the Grant, reimbursement will be adjusted accordingly.

All forms listed above are available from the CalRecycle Grant Forms web page (https://www.calrecycle.ca.gov/Funding/Forms).

Audit Considerations
The grantee agrees to maintain records and supporting documentation pertaining to the performance of this grant subject to possible audit for a minimum of three (3) years after final payment date or Grant Term end date, whichever is later. CalRecycle may stipulate a longer period of records retention in order to complete any action and/or Procedures and Requirements
Local Government Waste Tire Amnesty Grant Program (FY 2023–24) 14 resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later.

Examples of audit documentation include, but are not limited to, competitive bids, grant amendments if any relating to the Budget or Work Plan, copies of any agreements with contractors or subcontractors if utilized, expenditure ledger, payroll register entries, time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts and change orders, samples of items and materials developed with grant funds, invoices, and cancelled checks. Please refer to the Terms and Conditions (Exhibit A) for more information.

Application
Application Information
Applicant: City of Madera
Cycle Name: Local Government Waste Tire Amnesty Grant Application Due Date: 4/6/2023 Cycle Code: TA7 Secondary Due Date: 5/3/2023
Grant ID: 26475
Grant Funds Requested: $90,000.00
Matching Funds: $0.00 (if applicable)
Awarded Funds: $90,000.00
Project Summary: CalRecycle has edited the following summary to reflect the approved grant project: At least 5 events over the two year grant term. The amount of waste tires estimated to be collected over the grant period is 24,000. The Waste tires will be transported to a permitted facility for recycling purposes.

Applicant/Participant
Name: City of Chowchilla Lead:

Federal Tax ID: 94-6000309 Jurisdiction: Chowchilla
County: Madera
Name: City of Madera Lead: X
Federal Tax ID: 94-6000365 Jurisdiction: Madera
County: Madera
Name: Madera County Lead:

Federal Tax ID: 94-6000518 Jurisdiction: Madera
County: Madera
Contacts
Prime Second Auth Cnslt
Ruth Padilla Title: Neghborhood Preservation Specialist X Madera Police Department
330 S C Street
Madera, CA 93637
Phone: 5596615117
Fax:

Email: [email protected]
Claudia Mendoza Title: Neighborhood Preservation Supervisor X X Madera Police Department
330 South C Street
Madera, CA 93638
Phone: 5596615113
Fax:

Email: [email protected]
Mark Trukki Title: Lieutenant X
Madera Police Department
330 South C Street
APT 4
MADERA, CA 93638
Phone: 5596754255
Fax:

Email: [email protected]
Budget
Category Name Amount
Contract $37,800.00
Education $6,473.90
Equipment $1,400.00
Materials $1,661.09
Personnel $42,665.01
Generated By: Cathy Aggergaard
Grants Management System (GMS)

Page 1 of 2 ends

https://secure2.calrecycle.net/GRANTS/Grant/Grant.aspx?GrantID=26475 Date Generated: July 19, 2023 10:15 AM
Cal Recycle~ Exhibit C
Site Information
Madera

,
Documents Document Title Received Date
Required
Application Certification Application Certification 4/6/2023 Budget TA7 Budget 4/4/2023
Work Plan TA7 Work Plan 4/4/2023
Required By Secondary Due Date
Resolution - Lead Participant Reso. 23-56 4/24/2023
Other Supporting Document(s)
CalEnviroScreen Map
Joint Powers Agreement
Letter From LCC Email from LCC 4/6/2023
Letter From LCC Letter of Commitment - Fresno EOC 4/13/2023 Letter of Authorization/Resolution Letter of Authorization - City of Chowchilla 4/4/2023 Letter of Authorization/Resolution Letter of Authorization - Madera County 4/6/2023 Letter of Designation Letter of Designation 4/13/2023
Resolution
Check the following, as applicable. See Application Guidelines and Instructions for more information and examples.

X Applicant acknowledges that its approved Resolution or Letter of Commitment must be uploaded no later than the secondary due date. Applicant further acknowledges that if its Resolution or Letter of Commitment is received after this date, its application will be disqualified.

EPPP
Does your organization and any participants have an Environmentally Preferable Purchasing and Practices (EPPP) Policy? X Yes, our organization and any participants have an EPPP Policy. Organization refers to a company, business, or the entire city or county applicant, not an individual office or sub-unit of the larger entity.

Page 2 of 2 ends

https://secure2.calrecycle.net/GRANTS/Grant/Grant.aspx?GrantID=26475 Date Generated: July 19, 2023 10:15 AM

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: February 21, 2024
Agenda Number: B-6
Keith Helmuth, City Engineer
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Amendment No. 3 to Agreement with GHD, Inc. for Professional Engineering Services Relating to the Lake Street, 4th Street, and Central Avenue Intersection RECOMMENDATION:

Adopt a Resolution Approving Contract Amendment No. 3 for Professional Engineering Services for $23,388.75
SUMMARY:

The Lake Street, 4th Street, and Central Avenue intersection is a 5-legged intersection with allway stop control. The City retained a transportation engineering consultant to help determine the most suitable form of traffic control for current and expected future traffic volumes, as well as design and assist with project construction. However, in light of the planned Yosemite Avenue Road Diet between E Street and a point east of Lake Street, an additional Amendment for a comprehensive traffic study is necessary. This study aims to evaluate whether a dual left turn lane is warranted, ensuring the continued safety and efficiency of the intersection amidst evolving traffic patterns.

DISCUSSION:

In 2016, the City contracted with Omni-Means to study the intersection of Lake Street, 4th Street, and Central Avenue to determine the best alternative to accommodate current and future traffic flows. Being that this is a complicated intersection, the solution was not considered an obvious decision. GHD, Inc., which acquired Omni-Means in 2019, prepared an Intersection Control Evaluation (ICE) Report that analyzed three alternatives for the intersection. The alternatives included:
 Maintaining all-way stop control
 Construct Traffic Signal
 Construct Roundabout
On February 19, 2020, Council directed staff to construct a traffic signal at the Lake/4th/Central intersection based on the analysis of the ICE and public input. As part of the original analysis of the intersection, it was determined that the east leg of E Street would be closed to reduce the number of conflicting vehicle movements and to improve the level of service. With the removal of the east leg, it was determined that a city pocket park rather than a non-useful street remnant could be constructed.

The agreement with GHD has had two amendments adopted prior. Both amendments were adopted on October 7, 2020 and were for the following:
 Amendment 1: pertained to professional engineer services for the design of the traffic signal at Lake/4th/Central
 Amendment 2: For environmental studies to be performed by the consultant Due to the Yosemite Avenue (SR 145) Road Diet project scheduled for construction by Caltrans in 2025, a potential increase in traffic volume on 4th Street is anticipated. The Yosemite Avenue Road Diet project was not on the horizon at the time of the initial traffic studies and analysis of the Lake Street, 4th Street, and Central Avenue project. In response, staff requested GHD provide a proposal for a traffic study to consider the potential impacts to the intersection due to the road diet on Yosemite, with particular attention to ensuring adequate turning movement capacity at the intersection and mitigating long queue times.

While the traffic study results may confirm the need for dual left turn lanes and the installation of specific signal equipment, potentially diverging from the current design effort, there is also the possibility of incorporating recommendations seamlessly into the existing plans. Notably, significant recommendations emerging from the study may prompt the need for a follow-up Capital project before the completion of the road diet, allowing staff to address any issues proactively and maintain the efficient functioning of the intersection.

FINANCIAL IMPACT:

Table 1 provides a summary of previously approved contracts, including this item. It is noted that this project is programmed in the Fiscal Year 2023/24 CIP and is funded by, thus there is no fiscal impact to the City’s General Fund.

Table 1: Costs
Task $
Original Contract Roundabout or Traffic Signal Determination $72,000 Amendment 1 Plans, Specs, Estimate, Construction Support $81,940 Amendment 2 Environmental Studies $43,860
Amendment 3 (this item) Left Turn Study $23,388.75
Total $200,188.75
ALTERNATIVES:

Should Council not approve this amendment, the traffic study will not be completed and staff would proceed with the current intersection design without consideration from impacts due to the Yosemite Avenue Road Diet project. The City could incur future costs to relocate the signal pole later to accommodate a dual left turn lane rather than install at the appropriate distance now. Council could direct staff to prepare additional information to present before Council if necessary.

ATTACHMENTS:

1. Resolution – Approving Amendment 3 to the Agreement with GHD

2. Aerial map

Attachment 1
Resolution
RESOLUTION NO. 24-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, APPROVING AMENDMENT NO. 3 TO THE AGREEMENT WITH GHD, INC.

FOR PROFESSIONAL ENGINEERING SERVICES RELATING TO THE
LAKE/4TH/CENTRAL INTERSECTION IMPROVEMENTS, CITY PROJECT NO.

R-57
WHEREAS, CITY has a project to construct improvements at the intersection of Lake Street, 4th Street and Central Avenue in the City of Madera, California, hereinafter called “Project”; and
WHEREAS, CITY and Omni-Means Ltd. entered into an Agreement dated December 21, 2016 for professional engineering services to design such improvements; and WHEREAS, Omni-Means Ltd. was acquired by GHD, Inc. (CONSULTANT); and WHEREAS, CITY requested changes to Consultant’s scope of work to include additional traffic analyses; and
WHEREAS, Amendment No. 3 to Agreement is necessary to revise the scope of work, compensation, and schedule for the additional engineering services.

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. 3 to Agreement with GHD, Inc. for professional engineering services as described above and attached hereto is necessary for the carrying out of the project and is hereby approved.

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

AMENDMENT NO. 3 TO AGREEMENT WITH GHD, INC. FOR

PROFESSIONAL ENGINEERING SERVICES RELATING TO THE LAKE
STREET, 4TH STREET AND CENTRAL AVENUE INTERSECTION
IMPROVEMENTS, CITY PROJECT NO. R-57
This Amendment No. 3 to the Agreement for Engineering Services for the Lake Street, 4th Street and Central Avenue Intersection Project (hereinafter call “Agreement”), between the City of Madera, a municipal corporation of the State of California, hereinafter call “CITY” and GHD, Inc. hereinafter called “CONSULTANT” is entered into this 21St day of February, 2024.

R E C I T A L S
WHEREAS, CITY has a project to construct improvements at the intersection of Lake Street, 4th Street and Central Avenue in the City of Madera, California, hereinafter called “Project”; and
WHEREAS, CITY and Omni-Means Ltd. entered into an Agreement dated December 21, 2016 for professional engineering services to design such improvements; and WHEREAS, Omni-Means Ltd. was acquired by GHD, Inc. (CONSULTANT); and WHEREAS, CITY requested changes to Consultant’s scope of work for a traffic study; and WHEREAS, Amendment No. 3 to Agreement is necessary to revise the scope of work, compensation, and schedule for the additional engineering services.

A G R E E M E N T
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 Services for the Project dated December 21, 2016 between CITY and CONSULTANT shall be amended as follows:

SECTION 1. Section 2 of the Agreement shall be amended by adding the following:

2. SCOPE OF WORK:

CONSULTANT shall provide the professional services as set forth in EXHIBIT A, “Left Turn Study Scope of Services and Fee”, attached hereto and incorporated herein by reference.

CONSULTANT accepts full responsibility for the scope of services provided by sub-consultants 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.

SECTION 2. Section 5 of the Agreement shall be amended by adding the following:

5. COMPENSATION
The basic fee based on the estimated hours of work listed in EXHIBIT A “Left Turn Study Scope of Services and Fee”, attached hereto and incorporated herein by reference, for the work task itemized in the Scope of Services is $23,388.75 City and Consultant agree on the rates shown in EXHIBIT A and that the hourly rates shall be valid through December 31, 2024. 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 basic fee shown in EXHIBIT A “Left Turn Study Scope of Services and Fee”.

SECTION 3. Section 7 of the Agreement shall be amended to read as follows:

7. EXTRA SERVICES

CITY agrees to pay CONSULTANT for extra services not contemplated hereunder as set forth in the Scope of Services or for such services as may be specifically requested by CITY through the City Engineer 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 EXHIBIT A “Left Turn Study Scope of Services and Fee”, provided, however, the City Engineer’s authority under this provision is limited to expenditures not to exceed the amount of two thousand five hundred dollars ($2,500).

SECTION 4. Section 11 of the Agreement shall be amended to read as follows:

11. TIME OF COMPLETION
A. Based on a agreed upon Notice to Proceed date, CONSULTANT shall complete the work as shown in EXHIBIT A attached hereto and incorporated by reference.

B. Consultant shall not be held responsible for delays caused by CITY review or by reasons beyond the 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 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, at the option of CITY, in accordance with Section 12.

SECTION 5. Except as set forth in this Amendment No. 3, all other terms and conditions in the Agreement and Amendments No. 1 and 2 shall remain in full force and effect.

SECTION 6. This Amendment No. 3 to Agreement shall be effective upon full execution by both Parties.
(SIGNATURES ON NEXT PAGE)

In witness hereof, CITY and CONSULTANT have executed this Amendment No. 3 to the Agreement on the date first written above.

CITY OF MADERA GHD, Inc.

By: By:

Santos Garcia, Mayor
Title:

APPROVED AS TO LEGAL FORM By:

Title:

By:

Shannon L. Chaffin, City Attorney

ATTEST: Taxpayer ID Number
By:

Alicia Gonzales, City Clerk

GHD Project
No. 11144963
Date 2/6/24
M2264AA002 / 11144963 1

AMENDMENT TO

AGREEMENT BETWEEN CONSULTANT AND CLIENT
Amendment No. 3 to Agreement dated 12/21/2016 between GHD Inc. (Consultant) and City of Madera (Client).

Project Number / Name: Agreement for Engineering Services for the Lake Street, 4th Street and Central Avenue Intersection Project.

Client hereby requests and authorizes Consultant to perform additional and/or revised services as set forth in this Amendment.

Scope of work and terms of compensation as set forth below.

Additional Scope of Work
The following is a description of the engineering and landscape architect services specific to the planned pocket park and the intersection analysis for which additional budget is requested. 0401: Project Management and Meetings
This task includes GHD’s overall management of the tasks included within this Additional Scope of Services and coordination with the City. This task also includes monthly meetings for the duration of the task per the assumed schedule below. If requested, additional duration or presentations with the City will be negotiated as an extra with additional fee.
0402: N Lake Ave, E 4th Street and E Central Ave Left Turn Study In light of the Caltrans road diet that is being proposed on E Yosemite Ave, the left turn demand shall be re-evaluated based on assumed 20% growth of the current forecasted volumes. The alternatives that will be reviewed will be a single left turn lane, a double left turn lane and a roundabout. The review of the left turn lanes will include queuing and lane transitions with respect to the existing improvements, striping and intersection spacing. It is assumed that the draft memo will be reviewed once by the City and GHD will make minor revisions to finalize the memo. No Caltrans coordination is assumed to be part of this Left Turn Study update.

Data Collection:

GHD will utilize the information that was obtained in support of the ICE that was completed in February 2019. The volumes of the NB Left Turns on N Lake Ave will be increased by 20% to approximate the additional vehicles that will be diverting from E Yosemite Ave as a result of the future Caltrans road diet improvements.

Data Analysis:

Existing Conditions
The multimodal traffic volumes will be updated and analyzed in Synchro (Highway Capacity Manual 6th Edition) for the AM peak hour, PM peak hour, and Weekend Peak with the larger volumes in the NB Left Turn movements. The results will include Level of Service (LOS) per movement and overall intersection LOS. The 95th percentile queue lengths will be also quantified for the turning movements via SimTraffic software.

R WWW
GHD Project
No. 11144963
Date 2/6/24
M2264AA002 / 11144963 2

Existing Plus Project Conditions
For the Existing Plus Project scenario, different phasing and timing will be modeled based on the vehicular, pedestrian, and bicycle needs. This analysis will include subsequent LOS per movement and overall intersection LOS with three alternatives: a single NB Left Turn movement, a double NB Left Turn movement and a roundabout configuration. This will also include 95th percentile queue lengths per SimTraffic.

Schedule
The assumed schedule for this task is below:

Task Date
NTP 2/21/24
Draft Left Turn Study 3/21/24
City Review of Draft Left Turn Study 4/21/24
Revised Left Turn Study 5/21/24
City Review of Revised Left Turn Study 6/21/24
Final Left Turn Study 7/21/24
Fee Estimate
The fee requested for the additional services is $23,388.75 as summarized by task below. Also refer to attached Exhibit A.

Task Description Task Fee
0401: Project Management and Meetings $ 3,768.75
0402: N Lake Ave, E 4th Street & E Central Ave Left Turn Study $19,620.00 Total Estimated Fee: $23,388.75
Terms and conditions
All terms and provisions specified in the original Agreement dated 12/21/2016 are in effect. No other agreements, guarantees, or warranties are in effect.

Please contact me if there are any questions regarding this requested amendment.

Sincerely,
GHD Inc.

John C. Rogers, PE
Senior Transportation Engineer/Project Manager
Attachment: Exhibit A
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GHD Project
No. 11144963
Date 2/6/24
M2264AA002 / 11144963 3

Exhibit A
R WWW
Amendment 3 Fee and Effort Table
GHD
Rogers/ Vanegas- Total Amendment3 Southern Moran/Stinger Hours Task Sub-Total Task Totals Class (PM) (Engr) Task Task Description Rate $251 .25 $202.50
0401 Project Management and Meetings I $3,768.75
0401 .1 Project Management 5 5 $1 ,256.25 .. 0401 .2 Meetings (Monthly) 10 10 $2,512.50 0402 N Lake Ave. E 4th Street and E Central Ave Left Tum Stu~ I $19,620.00 0404.1 Left Turn Evaluation Memorandum 12 82 94 $19,620.00 Subtotal Hours Hours 27 82 109
Subtotal Dollars Dollars $6,783.75 $16,605.00 $23,388.75 $23,388.75 Attachment 2
Aerial Map

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: February 21, 2024
Agenda Number: B-7
Keith Helmuth, City Engineer
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Contract Award for Pavement Distress Survey and Analysis RECOMMENDATION:

Adopt a Resolution awarding the contract for Pavement Distress Survey and Analysis, City Project No. ENG-000G for $110,900 to Nichols Consulting Engineers (NCE) SUMMARY:

In November 2023, the City released a Request for Proposals (RFP) for qualified consultants to provide professional services to develop a Pavement Distress Survey and Analysis, City Project No. ENG-000G, for the City’s local, arterial, and collector streets. The City received five responsive proposals. The proposals were evaluated by a team of qualified City staff and Nichols Consulting Engineers (NCE) received the highest ranking based on the RFP’s criteria.

DISCUSSION:

A Pavement Management System (PMS) is a set of planning tools and methods that assist staff in determining cost effective strategies for evaluating, maintaining and managing street pavements to be in serviceable condition for a City-defined period of time. PMS involves the creation of pavement inventory throughout the city street network, the collection of pavement distress conditions, and analysis of the pavement conditions in preparation for determining the best method and most cost-effective strategies to perform maintenance and rehabilitation of city streets. The PMS can also be used to determine budgets, schedule, and prioritize future pavement maintenance and repair work.

One of the components of a Pavement Management System is the Pavement Condition Index (PCI). PCI uses a scale rating of 0 to 100, where 0 is the worst/failed condition and 100 represents a new road in near perfect condition. PCI is a universally accepted method to indicate the condition of pavement of a street at the time of the survey, which then determines and results in better engineering decisions and strategies to provide treatment on a road. The causes of PCI ratings to be different from one another can be due to traffic volume, climate and precipitation, pavement age and load from heavy traffic.

Background
The City implemented a PMS and collected PCI data in 2016 for the collector and arterial streets using MicroPAVER software. The PMS consisted of a network inventory of approximately 70 centerline miles of arterial and collector roads. The average PCI of the collectors and arterials as noted in the existing Pavement Condition Data Collection Report was 68.6. The corresponding Budget Options Report provided three budget scenarios that were reported to the City for a five year period between 2018-2022:
 Unlimited Budget to bring all streets to an average of 76.4 ($20 million annually)  Current Budget will drop to 54 PCI at the end of five year ($2 million per year)  Maintain current PCI at 62.5 (required $3.5 million annually)  Increase PCI to 68 at the end of five year (required $6.0 million annually) Since 2016, the city has programmed 13 projects for resurfacing, restoration, and rehabilitation (3R projects). Eight projects have been completed. Three are scheduled for 2024 bidding. Two are pending the update of the PMS for selection of streets to receive 3R treatments. The budgets for the 13 projects total over $15 million, averaging $1.9 million per year. Fifty-seven (57) percent, $7.65 million, of the 3R funding is from Senate Bill 1 – The Road Repair and Accountability Act of 2017 (SB-1) and 41 percent, or $6.3 million, of the 3R funding is from Measure T, the local sales tax.

RFP Process
On November 11th, 2023, the City released an RFP for qualified consultants to update the street inventory and pavement conditions survey. The inventory shall include arterial, collector and all local residential streets. The selected firm will provide an overall average PCI of the City streets and roads, as well as average PCI for each category. Approximately 205 centerline miles shall be surveyed for pavement distress, PCI, and incorporated into the StreetSaver Software. The City intends to switch from Micro-Paver to StreetSaver Software because it has a better user interface, allows the user to perform various budget and repair scenarios, and the output is much easier to understand. Both Madera County and the city of Chowchilla currently use StreetSaver; there will be continuity and familiarity in information reported to the public. The selected consultant is expected to analyze the change in pavement conditions index (PCI) between the current effort and 2016 effort to develop a “Madera” model for deterioration for arterial and collector streets, rather than a theoretical model.

The RFP was uploaded to PlanetBids, the City’s online bidding platform. Additionally, staff sent notifications regarding the RFP to seven firms that were selected off the list of certified vendors for the Software StreetSaver. The City received five responsive proposals. The selection committee, consisting of three staff from Engineering and one staff member from the Department of Public Works reviewed, evaluated and ranked each proposal based on criteria listed in the RFP that included the following:
 Experience related to PMS and PMS software
 Experience related to StreetSaver
 Experience with collection and interpretation of streets pavement distress data  Work plan/schedule
 Fee Proposal.

NCE was ranked the highest. Staff negotiated a final scope of work and fee for the agreement presented herein for approval.

The scope of services identified in the agreement with NCE will include the collection of pavement distress conditions and analyzing the results to prepare reports recommended maintenance and repairs, budget reports, procure the StreetSaver software and training City staff. The total amount for this agreement is $89,400 that will include all services outlined in the scope of work and an additional $21,500 for extra services not identified at the time of the RFP which will be optional if the City chooses to execute this option with the approval of the City Engineer.

FINANCIAL IMPACT:

There is no fiscal impact to the City's General Fund. The project is included in the adopted FY 23/24 CIP Budget using the Local Transportation Funds.

ALTERNATIVES:

Should the Council reject awarding this contract, Staff will not be able to provide requested information regarding the current condition of the City’s street system. Additionally, there could be delays in pavement and rehabilitation projects as the PMS is key to move other projects forward regarding pavement projects.

ATTACHMENTS:

1. Resolution

2. Agreement
Attachment 1
Resolution
RESOLUTION NO.24-

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

CALIFORNIA AWARDING A CONTRACT FOR ENGINEERING SERVICES FOR THE PAVEMENT DISTRESS SURVEY AND ANALYSIS, CITY PROJECT NO.

ENG-000G TO NICHOLS CONSULTING ENGINEERS, CHTD.

WHEREAS, on November 11, 2023 the City of Madera (City) Engineering Department released a Request for Proposals (RFP) for the Pavement Distress Survey and Analysis, City Project No. ENG-000G hereinafter referred to as “the Project”;and WHEREAS, five responsive proposals to the RFP were received by December 19, 2023; and
WHEREAS, Nichols Consulting Engineers, CHTD (NCE) received the highest ranking and is the City’s selection to perform the services; and
WHEREAS, funding for the Project is programmed in the Capital Improvement Projects Budget for Fiscal Year 2023/24 under CIP Project ENG-000G using LTF Funds.

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

1. The above recitals are true and correct.

2. The City Council approves awarding a contract for engineering services to NCE, incorporated herein as Exhibit 1.

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

4. This Resolution is effective immediately upon adoption. *******
.

Attachment 2
Contract Agreement

AGREEMENT WITH NICHOLS CONSULTING ENGINEERS, CHTD (NCE) FOR

PROFESSIONAL ENGINEERING SERVICES
for

CITY OF MADERA PAVEMENT DISTRESS SURVEY AND ANALYSIS,
CITY PROJECT NUMBER ENG-000G
This Agreement made and entered into this 21st day of February, 2024, between the City of Madera, a municipal corporation of the State of California, hereinafter called “CITY”, and NICHOLS CONSULTING ENGINEERS, CHTD (NCE) , hereinafter called “CONSULTANT ".

W I T N E S S E T H
WHEREAS, CITY plans to update the City of Madera Pavement Distress Survey and Analysis, City Project Number ENG-000G, hereinafter called “Project”; and WHEREAS, CITY needs the services of a professional engineering firm to provide professional engineering services for the Project; and
WHEREAS, CONSULTANT is qualified and certified to provide the required professional engineering services and is knowledgeable of the principals and practices of the industry associated with the services to be provided; and WHEREAS, CITY desires to hire CONSULTANT for such professional engineering services.

NOW THEREFORE, the parties hereto mutually agree as follows:

1. SERVICES OF CONSULTANT:

CITY hereby hires CONSULTANT to provide professional 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 engineering services as set forth in EXHIBIT A, “Scope of Work”, 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, EXHIBIT A.

4. CITY’S OBLIGATIONS
The CITY shall provide the CONSULTANT with the following:
a. Provide a Project Manager to work with CONSULTANT.
b. Review all submittals timely.
c. Pay all fees for permits;
d. Available studies, reports, and other data pertinent to CONSLTANT’s services; obtain or authorize CONSULTANT to obtain or provided additional reports and data as required for the performance of CONSULTANT’S services hereunder, and CONSULTANT shall be entitled to use and rely upon all such information and services provided by the City or others in performing CONSULTANT’S services under this Agreement.
e. Arrange for access to and make provisions for CONSULTANT to enter upon public and private property as required for CONSULTANT to perform services hereunder.

5. COMPENSATION
The basic fee based on the work tasks 1 through 7 itemized in EXHIBIT B , “Cost Proposal” is $89,400.00. Optional task 8 in the amount of $21,500 shall be authorized at the discretion of the City Engineer. The total fee for services under this agreement is $110,900.00

CITY and CONSULTANT agree on the rates shown in EXHIBIT C, “Hourly Rate Schedule”, 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 basic 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-consultants 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 Proposal or for such services as may be specifically requested by CITY through the City Engineer 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 City Engineer’s authority is limited to expenditures not to exceed the amount of $11,090.00.

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:

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, it’s 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 proposal.

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. CITY 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 CITY 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 CITY shall be entitled to coverage at the higher limits maintained by CONSULTANT.

Notice of Cancellation
CONSULTANT agrees to oblige its insurance agent or broker and insurers to provide to the CITY with thirty (30) calendar days notice of cancellation (except for nonpayment for

which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage.

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

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

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

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 A, Under Project Schedule:

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 shall expire on December 31, 2025, unless extended by mutual agreement.

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 Agency 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 Agency in the performance of professional services under this agreement. Consultant shall not be obligated to defend or indemnify Agency for the Agency’s 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 Agency, 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, including legal counsel’s fees and costs, court costs, interest, defense costs, and expert w itness fees), where the same arise out o f, 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 Agency for which Consultant is legally liable, including, but not limited to, officers, agents, employees, or subcontractors of Consultant

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. PROFESSIONAL RESPONSIBILITY:

CONSULTANT shall be obligated to comply with applicable standards of professional care in the performance of the Services by exercising the skill and ability ordinarily required of engineers performing the same or similar services, under the same or similar circumstances, in the State of California. 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.

In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, CONSULTANT has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, CONSULTANT makes no warranty that the CITY’s actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT’s opinions, analyses, projections, or estimates

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 County. 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
Engineering Division Nichols Consulting Engineers, CHTD 428 Yosemite Avenue 8795 Folsom Blvd., Suite 250
Madera, CA 93638 Sacramento, CA 95826

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.

27. THIRD PARTIES
The services to be performed by CONSULTANT are intended solely for the benefit of the CITY. No person or entity not a signatory to this Agreement shall be entitled to rely on the CONSULTANT's performance of its services hereunder, and no right to assert a claim against the CONSULTANT by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the Performance of the CONSULTANT's services hereunder.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written.
* * * * * * * * * * *
Nichols Consulting Engineers, CHTD
By: __________________________________
Margot Yapp, PE, President

Taxpayer I.D. Number,_________________

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

By: ____________________________________
Shannon L. Chaffin, City Attorney

ATTEST:

By: ____________________________________
Alicia Gonzales, City Clerk
Page | 1
Exhibit A – Scope of Work

1. Work Plan
Task 1 – Kickoff Meeting: NCE will first meet with City staff to kick-off the project by reviewing the technical approach and any administrative matters that may be necessary. At a minimum, items to be discussed will include the following:
• Project goals
• Scope of work and project schedule
• Project budget and invoicing requirements
• Field work
o Scheduling and access requirements
o Public safety concerns, requirements, and
procedures
o Quality Management Plan (QMP)
o Updated GIS map if any
o New roads, if any
• M&R practices
• M&R records and construction costs
• Paving or maintenance budgets
• Budgeting scenarios
• Other optional tasks
Prior to the kick-off meeting, NCE will prepare a detailed agenda, which will be sent to City staff for review. Additional meetings may be held at appropriate milestones to review the work performed and to address any questions or issues that arise as the work progresses.

Deliverables: Kickoff meeting agenda and summary.

Task 2 – Pavement Condition Surveys: NCE will next perform pavement condition surveys on approximately 202 centerline miles of the City maintained streets, i.e., 51 miles of arterials, 23 miles of collectors, and 128 miles of residentials as requested in the Request for Proposal. The distress collection protocols will be in accordance with ASTM D6433-20. The “fuel” for any pavement management engine is the surface condition data. Pavement distress provides that important set of data in determining the costs to maintain the pavement network.

Automated procedures will be conducted
with a 100% sampling rate with full width
“curb-to-curb” pavement survey coverage
to collect distress data. The upgraded LiDAR
Scanners in our system can capture high-resolution 3D pavement profiles and automatically determine surface damage areas and the type, severity, and quantity of distress to evaluate pavement conditions. The data collection system will be operated by the same MTC-certified technicians, ensuring reliability in the collected data. A higher percentage of fatigue cracking sections could be identified for potential subgrade failures. Those sections could be the candidates for further structural testing (i.e., Deflection testing) in City’s rehabilitation projects.

Our team will be responsible for providing all equipment necessary for the performance of this task. Should City personnel wish to observe our field crews and testing vehicles during the inspection surveys, we will be more than happy to accommodate this. Individual City staff may also accompany NCE’s field crew for up to ½ day to gain hands-on training at no additional cost to the City. We have found that this is the most effective training method for agency staff, as they become part of the data collection crew, rather than just observers.

Please note that this scope of work and condition surveys do not address issues including, but not limited to traffic, safety and road hazards, geometric issues, road shoulders, sidewalks, curb and gutters, drainage issues or short-term maintenance that should be performed.

Quality control and quality assurance checks are critical when a large amount of data needs to be collected and processed. As part of NCE’s goal to provide a superior quality product for our clients, we incorporate a QC component into all our projects. f!NCE
City of Madera Engineering Department
Pavement Distress Survey and Analysis for the City of Madera City Project Number ENG-000G
Page | 2
NCE will prepare a QC Plan that will include the following components:
• Description of condition survey procedures (distress types, severities). All procedures, changes or modifications should be well documented in the quality control plan so that future updates will be consistent.
• Accuracy required for data collection or acceptability criteria. • Description of how data will be checked for accuracy, e.g., control sections setup and distress comparisons between walking and automated surveys. A sample spreadsheet of distress detail comparisons between walking and automated survey on control sections is listed below.
• Safety procedures
A draft QC plan will be submitted to the City for approval, and no field work will commence until a final plan has been accepted.

See an example QC Plan in Appendix A.

Next, all data collected from the field will then be uploaded into the StreetSaver® database. There are specific rules and validations that must be followed in this task, so a successful upload depends on appropriate QC as well as a solid familiarity with the StreetSaver® program. This task will be performed at NCE’s office in order to provide Quality Control of all data entered into the system. NCE will then perform the PCI calculations, and correct any errors found.

NCE will coordinate with Metropolitan Transportation Commission (MTC) to setup StreetSaver database under this task, including PAVER database conversion of arterials and collectors, pavement inventory development of residential streets, onetime GIS mapping integration, and one-year StreetSaver license fee.

Deliverables: Quality control plan, updated database with pavement distress data, PCI difference report, PCI report.

Task 3 – Maintenance and Rehabilitation Strategies: NCE will first review M&R strategies with City staff. This will include the recommendation and selection of appropriate treatments and the determination of treatment unit costs. This will also be an appropriate time to review the use of new/sustainable treatments or materials, such as rubberized asphalt, rubberized cape seals, microsurfacing, rejuvenators, cold-in-place recycling, full depth reclamation, warm mix asphalt, etc. Development of the M&R decision tree is a critical step in any PMS update as it has a direct and significant impact on the final work plan that is developed, as well as the budgeting consequences. NCE’s experience in pavement engineering and design, as well as local conditions, allows our staff to be able to provide the City with solutions that are innovative, sustainable, practical, and workable.

In addition, all historical M&R records from the previous update to 2023 will be entered into the StreetSaver® database.

Populating the database with recent M&R historical data is extremely useful for determining future treatments and predicting the performance of the various pavement sections.

Deliverables: M&R history report and updated database with historical M&R records; M&R strategies and costs in decision tree.

Task 4 – Budget Analysis and Annual Reports: NCE will next perform a Budget Needs analysis using an analysis period to be determined by the City (can be as long as 30 years). The Needs Analysis identifies street sections that need treatment and applies the M&R decision trees to each section. The costs are then summed for the entire period. This forms the basis for performing Budget Scenario evaluations, which optimize the road sections for repair under constrained budgets.

In simple terms, the Budget Needs analysis answers the questions:
“If I have unlimited funding for street maintenance and repair, which streets should I fix? When should I fix them? What treatments should I apply? How much will it cost?” The Budget Scenarios evaluation uses a weighted effectiveness rating to prioritize sections for repair under constrained, realistic, budgetary assumptions. The effectiveness rating is defined as the area under a pavement performance curve. The effectiveness rating is weighted to place a higher priority on certain roads, such as arterials and collectors.

Simple put, this module answers the question: “If I only have limited funds for street maintenance and repair, which streets have the highest priority for repairs, when should I perform the repairs, and how much will it cost? Cou"'1of-
,..,,. .. __ .,.., __ .. .,..,
Quality Control Plan
f !NCE
City of Madera Engineering Department
Pavement Distress Survey and Analysis for the City of Madera City Project Number ENG-000G
Page | 3
Multiple funding scenarios may be performed to answer “what-if” questions (the real “meat” of any PMS). NCE will perform up to five budget scenario runs based on the discussion with City staff. Typical scenarios include:
• Impacts of existing funding levels including SB1 funding or Measure T • Funding required to maintain existing PCI
• Funding to improve the PCI to a state of good repair
• Impacts to model changes in funding, e.g., if increases in funding, e.g., sales tax or bond measures
StreetSaver® has powerful prioritization tools that analyze the benefits and costs for each road segment and treatment so that a prioritized list of candidate projects is generated for inclusion in a multi-year work plan. It also has the ability to accommodate projects that are “fixed” e.g., utility projects or projects with committed funding.

A sample graph from similar budgetary analyses is shown directly on the right.

With updated network condition, pavement strategies, and funding assumptions, the StreetSaver® software could general multi-year work plan for City’s maintenance and rehabilitation projects. The scheduled utility projects or funding allocation criteria could be also included in work plan development. After the analysis is completed, NCE will prepare a draft pavement condition report for the City to review. As previously mentioned, data from other cities and counties from the Statewide survey database may be provided for comparison.

NCE will next deliver the draft report to the City for review in electronic format. Upon receipt of the comments on the draft report, NCE will complete the final report for submittal.

Deliverables: Draft report (electric) and final report including sections selected for treatments.

Task 5 – GIS Linkage: The StreetSaver® software has a GIS Toolbox which links the database to the City’s GIS centerline shapefile. The linkage typically consists of matching segments in the base map based on road name, type and/or direction. Each section can be linked to a segment or segments in the base map. The GIS Settings Screen is used to create the link between the database and the base map. The Section Link Screen will match segments in the basemap based on road name, type and/or direction. Typically, 60 to 70% of the segments will be automatically linked after finding a match. In cases where there are discontinuities, or where road names do not match, then a manual link must be made.

Once linked, powerful maps can be generated within minutes, as shown in the example:
• PCI Range by street section
• Future PCI by street section
• Maintenance Treatment History
• Impacts of different budget scenarios
• Sections Selected for Treatment
Task 6 – StreetSaver Software Training: NCE will prepare and present a oneday training class with City staff. The class will cover the following items:
• Creating or editing street sections
• Entering pavement distress data
• Performing PCI Calculations
• Entering maintenance and rehabilitation history
• Revising the M&R decision tree
o Determining appropriate unit costs
• Determining budget needs
o Creating budget scenarios Identifying treatment strategies o Project selection tools
o Target-driven analysis
• Generating reports and GIS maps
2013
f !NCE
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funding $1 .25 m/year
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2032 with sales tax
$6.25 m/year
City of Madera Engineering Department
Pavement Distress Survey and Analysis for the City of Madera City Project Number ENG-000G
Page | 4
All materials will be provided by NCE. It is assumed that the training will be conducted virtually and will include up to 3 participants. It is assumed that computers and internet access will be provided by the City.

Deliverables: Training manuals and PowerPoint presentations.

Task 7 – Council Presentation: NCE will make presentations to the City Council, if desired. This may be a short (15 to 20 minutes) informational item or could be a longer (1-2 hours) educational/advocacy workshop, depending on the City’s needs. NCE has recently completed similar presentations to the Cities of Davis, Fairfield, Folsom and to the Board of Supervisors in Madera, Fresno, Santa Cruz, Siskiyou, and Humboldt Counties.

NCE’s value to the City is the information that we can provide from other agencies, and the results of tight budgetary constraints. We can also share the perspective of our work from the California Statewide Needs Assessment study, which included an assessment of all 540 cities and counties. This task includes two videoconferences with City staff prior to the presentation to discuss items such as the goal of the presentation, the level of knowledge and backgrounds of the audience, the number of stakeholders involved and other potential issues.

Deliverables: PowerPoint presentation.

Task 8 – Optional Tasks: As an optional task, a one-day distress collection training workshop will be performed in the City facility. NCE will present the overall pavement distress and inspection procedure. We will next conduct field training with City staff to walk through how to identify distress types/severities, how to measure and how to calculate PCI. In addition, up to 100 hours technical supports will be provided on a time and material basis for one year. Typically, most technical support is related to providing one-on-one assistance, performing budget scenarios, updating M&R records, providing customized reports, providing pavement treatment recommendations, GIS maps, etc.

Deliverables: Field distress collection training and up to 100 hours technical supports.

Project Schedule
1 2 3 4 5
Task 1: Kickoff Meeting
Task 2: Pavement Condition Surveys
Task 3: Maintenance and Rehabilitation Strategies (M&R) Task 4: Budget Analysis and Reports
Draft Report
City Review
Final Report
Task 5: GIS Linkage
Task 6: StreetSaver Software Training
Task 7: Council Presentations
Task 8: Optional Tasks
Assumptions
Task 2 assumes no weather delays.

Task 4 assumes two weeks for City review.

Task Description Months from Notice to Proceed
At City's Convenience
At City's Convenience
At City's Convenience
f!NCE
Page | 1
Exhibit B – Fee Proposal
Year 1 – 2024
Project
Manager
QC/QA
Manager
Project
Engineer
Field
Technician Clerical
Task 1: Kickoff Meeting 6 4 $ 2,500
Task 2: Pavement Condition Surveys
Pavement Condition Surveys 2 4 16 72 $ 32,879 $ 46,800
StreetSaver Database Setup and License Fee $ 18,300 $ 18,300 Task 3: Maintenance and Rehabilitation Strategies (M&R) 2 2 12 2 $ 3,500 Task 4: Budget Analysis and Reports 4 2 32 4 $ 7,800
Task 5: GIS Linkage 2 4 40 $ 5,300
Task 6: StreetSaver Software Training 2 8 $ 460 $ 2,500 Task 7: Council Presentations 2 2 8 $ 2,700
Task 8: Optional Tasks
Distress Condition Training Workshop 2 12 $ 2,000
1-Year Technical Support 20 80 $ 19,500
Total (without optional task) 20 14 80 112 6 $ 51,639 $ 89,400 Total (with optional task and Database Setup) 42 14 160 124 6 $ 51,639 $ 110,900 Task 8 assumes one-day workshop and field meeting for distress conditon training and up to 100 hours technical supports as needed.

City of Madera
ENG-000G
Pavement Distress Survey and Analysis
Cost Proposal (Revised January 24, 2024)
Task 2 includes a 5% Quality Control field check for the work.

Task 5 assumes City will provide GIS shapefile for StreetSaver Database update.

Task 6 assumes a 6-hours virtual meeting for StreeSaver training.

Hourly Breakdown by Personnel
Task Description Marker/MTC Total Cost
Tasks 1, 3 and 7 include the virtual meetings with the City.

Task 2 assumes 202 miles of streets, and that City will provide GIS street centerline shapefile for all field work. Field work assumes one-time mobilization to the City. All pavement inspections will be as per ASTM D6433 protocols.

Task 2 "StreetSaver Database Setup and License Fee" include PAVER database converision, pavement inventory development for approximately 135 centerline miles of residential streets, one-time GIS mapping integration, and one-year StreetSaver license fee. f!NCE
Page | 1
Exhibit C – Hourly Rate Schedule in 2024
NCE Hourly Rate Schedule
Professional Services Technical Services Professional Equipment Principal……. $310/hour
Associate….. $245/hour
Project II…… $195/hour
Project I……. $180/hour
Staff I……….. $155/hour
Senior Technician………. $140/($165-PW)/hour
Field Technician…………. $115/($140-PW)hour
Project Administrator… $130/hour
Technical Editor………… $115/hour
Clerical……………………… $105/hour
Truck………….. $115/day
Automobile…. IRS Standard Mileage Rate+15%
Deflectometer Testing…….. $4,000/day
Coring……………………………… $5,000/day
Terms: Billings are payable upon presentation and are past due 30 days from invoice date. A finance charge of 1.5% per month, or the maximum amount allowable by law, will be charged on past-due accounts. NCE makes no warranty, either expressed or implied, as to its findings, recommendations, specifications, or professional advice except that they are prepared and issued in accordance with generally accepted professional practice.

Märker Hourly Rate Schedule
Professional Services Technical Services Equipment
Principal……. $195/hour
Associate….. $170/hour
Senior….…… $155/hour
Project..……. $130/hour
Senior Construction/Field Manager…… $125/hour
CAD/GIS Technician…………………………… $110/hour
Project/Program Administrator…………. $95/hour
Field/Engineering Technician…………….. $98/hour
Clerical………………………………………………. $73/hour
Truck…………………. $145/day
Automobile……….. IRS Standard Mileage Rate+15%
Automated Pavement Inspection/LiDAR Mapping
…………………………………………………………… $4,800/day
Terms: Billings are payable upon presentation and are past due 30 days from invoice date. Märker makes no warranty, either expressed or implied, as to its findings, recommendations, specifications, or professional advice except that they are prepared and issued in accordance with generally accepted professional practice.
f!NCE

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Mee�ng of: February 21, 2024
Agenda Number: B-8
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 adopt an Ordinance of the City Council of the City of Madera amending Sec�on 8-7.08 (D) of the Madera Municipal Code to change u�lity bill payment dates by �tle only.

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 recommended amending Sec�on 8-7.08 (D) of the Madera Municipal Code to modify the codified bill due date. This amendment was introduced at Council’s February 7th mee�ng. At that mee�ng, Council waived the full reading, adopted the ordinance approving the change, and introduced the proposed amendment to the MMC. If this second reading is approved, the proposed change will go into effect 31 days a�er the second reading.

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
01425.0007/961099.1
01425.0007/961099.1
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:
01425.0007/961099.1
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
01425.0007/961099.1
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 was considered by Council at its February 7, 2024 mee�ng. At that mee�ng, Council approved an ordinance introducing this change in the MMC. Approval of this changes during this second reading will codify it into the MMC. If approved, 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
01425.0007/961099.1

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
01425.0007/961099.1
(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:
_________________________________
Meeting of: February 21, 2024
Agenda Item: B-9
Will Tackett, Community Development Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Second Reading and Adoption of an Ordinance to Rezone ±57.53 Acres of Property Located on the Southwest Corner of the Intersection of West Pecan Avenue and Stadium Road (Rd 26½) (REZ 2023-04).

RECOMMENDATION:

1. Waive Full Reading and adopt an Ordinance of the City Council of the City of Madera approving Rezone 2022-04 amending the City of Madera Zoning Map to rezone approximately 57.53-acre of property (APN[S]: 012-480-008 & 012-480-009) from the R1 (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, by title only.

SUMMARY:

An amendment of the City’s zoning regulation requires two actions by the City Council (Council) - the introduction of the Ordinance (first reading) and the adoption of the Ordinance (second reading).

The Council introduced the Rezone Ordinance and waived the first reading of the Ordinance to amend the official City of Madera Official Zoning Map to rezone approximately 0.3 acres at 405 Vineyard Avenue (Assessor’s Parcel Number [APN] 008-071-001) from the R2 (One unit for each 3,000 square feet of site area) zone district to the R1 (One unit for each 6,000 square feet of site area) zone district at a public hearing held on February 7, 2024.

Subsequently, on February 13, 2024, the City of Madera Planning Commission adopted a resolution adopting the Mitigated Negative Declaration (SCH No. 2023120574) and the Mitigation Monitoring and Reporting Program prepared for purposes of the proposed project CC 2/21/2024 (REZ 2022-04) – Carmel II and Carmel IV 2
(including REZ 2023-02); and contingently approving TSM 2022-01 (Carmel II) and TSM 2023-02 (Carmel IV), subject to Council adoption of an ordinance approving REZ 2023-02.

BACKGROUND:

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 approve REZ 2022-04.

In accordance with the provisions of CMC § 10-3.1509, the recommendation of the Commission was presented to the Council with the introduction of the ordinance a duly noticed public hearing of the Council on February 7, 2024. The CMC provides 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.

CC 2/21/2024 (REZ 2022-04) – Carmel II and Carmel IV 3
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)
CC 2/21/2024 (REZ 2022-04) – Carmel II and Carmel IV 4
Table 1: Project Overview
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 and previously assessed 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.

CC 2/21/2024 (REZ 2022-04) – Carmel II and Carmel IV 5
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.

On February 13, 2024, the City of Madera Planning Commission adopted a resolution adopting the Mitigated Negative Declaration (SCH No. 2023120574) and the Mitigation Monitoring and Reporting Program prepared for purposes of the proposed project (including REZ 2023-02).

The Commission therefore made 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 adopted 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 REZ 2023-02 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:

CC 2/21/2024 (REZ 2022-04) – Carmel II and Carmel IV 6

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
From: R-1
To: PD (4500)
From:

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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 21, 2024
Agenda Number: C-1
Alicia Gonzales, City Clerk
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Public Hearing No. 5 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, and then select a preferred updated Council district boundary map 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
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.
 Including this meeting, three Public Hearings have also been held to invite public input regarding the composition of the City's proposed modifications to the voting districts after the draft maps are drawn. Meetings were held on January 17th, February 7th, and February 21st, with a recommendation for the Council to select a preferred updated district map.
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 at the meeting of 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

AUST NI 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 P NI E 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

FA RI F EI LD 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 E ST
N H ST

OREGON AVE

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

WILL SI AVE

W OLIVE AVE

SHERWOOD WAY

CAMDEN DR

GARDENA DR

TULARE ST
S K ST

E LINCOLN AVE

E CLEVELAND AVE

WILL AI MS AVE

BROOK DR
AVE 29
W 3RD ST

TREMA NI E 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

FA RI V EI W 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

TUL PI RD

FONDA AVE

RIDGEDALE DR

EL VADO DR

E ADELL ST

N P NI E 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

S EI RRA 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

DAV SI 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

HULLAVE

BOLES ST

A RI PORT DR

PARKWOOD AVE
S N ST

SHARON AVE

CARDWELL ST

BORDEN ST

KREST ST

SHELL DR

ORCHARD AVE

HILTON ST

FA RI V EI W AVE
AVE 15 3/4
N M ST

W ADELL ST

PERKINS RD

CONRAD ST

FRESNO ST

CIRCLE DR

SEABR GI HT DR

ROOSEVELT ST

S SCHNOOR ST

COLUMB AI ST

VENTURI AVE

LA BREA AVE

AVELLAR DR

S KNOX ST

MERRIL AVE
E 9TH ST

W DAV SI 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

CUTT NI G ST

DOUBLETREE WAY

GROVE ST

STEPHAN EI LN

REGAL DR

HONDA RD

GRANT AVE

EMILY WAY

SUNDANCE LN
BERRY
DR

GAMAY AVE

RHINE DR

PARK ST

PINEWOOD DR

CRON NI 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

L NI DEN 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

L BI ERTY 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

AMER NI E AVE

AVON WAY

ST NI SON AVE

RIDGE WAY

AUTUMN RD

GILLAVE POSEY AVE

SANARITA WAY

HILLSBORO AVE

GARFIELD AVE

STEVEN LN

LA JOLLA WAY

SHANNON AVE
11TH ST

N PARK DR

PHILL PI 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

D AI MOND WAY
JOY
ST

QUADY LN

CAM NI O 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

V AI CER OI NI

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 BON TI A ST

MADRONE RD

PISTACHIO DR

SULTANA DR

ROBB NI S LN

CAMBRIA AVE

CAMDEN WAY

LIME AVE

PIERCE LN

SANTA LUC AI DR

AZURE DR

STATE ST

ROCKY BOTTOM ST

DEVON WAY

BR DI GE WAY

CHIANTI AVE

MADRID LN

HAMPTON DR

PAUL AVE

INGOMAR DR

DWYER ST

AL CI ANTE WAY

NI D GI O 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 M RI AGE 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

MONARCH RD
N R ST
ULA ST

L NI DA V SI TA C RI

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

MAR PI OSA 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

W NI D NI G D RI T RD

AVALON AVE

LUC AI WAY

LANSING ST

LYNN PL

CHESTNUT AVE

ARAM AVE

SAN GABR EI L 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

SPR NI G WAY

SAQURO AVE

PINA ST

MI PER AI L 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

HAC EI NDA 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
LEM
ON 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 WAY

ST TROPEZ DR

WHITE SANDS DR

JULIUS ST

FALL DR

S AVON PL

APR CI OT 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

MAJEST CI CT
12TH ST

FRESHET ST

JADEN CT

DUCOR RD

BART PL

LANE PL

HARBOR CT

FIRST ST

PERS MI MON 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 P NI E 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
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

AUST NI 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 P NI E 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

FA RI F EI LD 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 E ST
N H ST

OREGON AVE

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

WILL SI AVE

W OLIVE AVE

SHERWOOD WAY

CAMDEN DR

GARDENA DR

TULARE ST
S K ST

E LINCOLN AVE

E CLEVELAND AVE

WILL AI MS AVE

BROOK DR
AVE 29
W 3RD ST

TREMA NI E 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

FA RI V EI W 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

TUL PI RD

FONDA AVE

RIDGEDALE DR

EL VADO DR

E ADELL ST

N P NI E 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

S EI RRA 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

DAV SI 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

HULLAVE

BOLES ST

A RI PORT DR

PARKWOOD AVE
S N ST

SHARON AVE

CARDWELL ST

BORDEN ST

KREST ST

SHELL DR

ORCHARD AVE

HILTON ST

FA RI V EI W AVE
AVE 15 3/4
N M ST

W ADELL ST

PERKINS RD

CONRAD ST

FRESNO ST

CIRCLE DR

SEABR GI HT DR

ROOSEVELT ST

S SCHNOOR ST

COLUMB AI ST

VENTURI AVE

LA BREA AVE

AVELLAR DR

S KNOX ST

MERRIL AVE
E 9TH ST

W DAV SI 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

CUTT NI G ST

DOUBLETREE WAY

GROVE ST

STEPHAN EI LN

REGAL DR

HONDA RD

GRANT AVE

EMILY WAY

SUNDANCE LN
BERRY
DR

GAMAY AVE

RHINE DR

PARK ST

PINEWOOD DR

CRON NI 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

L NI DEN 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

L BI ERTY 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

AMER NI E AVE

AVON WAY

ST NI SON AVE

RIDGE WAY

AUTUMN RD

GILLAVE POSEY AVE

SANARITA WAY

HILLSBORO AVE

GARFIELD AVE

STEVEN LN

LA JOLLA WAY

SHANNON AVE
11TH ST

N PARK DR

PHILL PI 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

D AI MOND WAY
JOY
ST

QUADY LN

CAM NI O 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

V AI CER OI NI

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 BON TI A ST

MADRONE RD

PISTACHIO DR

SULTANA DR

ROBB NI S LN

CAMBRIA AVE

CAMDEN WAY

LIME AVE

PIERCE LN

SANTA LUC AI DR

AZURE DR

STATE ST

ROCKY BOTTOM ST

DEVON WAY

BR DI GE WAY

CHIANTI AVE

MADRID LN

HAMPTON DR

PAUL AVE

INGOMAR DR

DWYER ST

AL CI ANTE WAY

NI D GI O 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 M RI AGE 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

MONARCH RD
N R ST
ULA ST

L NI DA V SI TA C RI

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

MAR PI OSA 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

W NI D NI G D RI T RD

AVALON AVE

LUC AI WAY

LANSING ST

LYNN PL

CHESTNUT AVE

ARAM AVE

SAN GABR EI L 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

SPR NI G WAY

SAQURO AVE

PINA ST

MI PER AI L 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

HAC EI NDA 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
LEM
ON 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 WAY

ST TROPEZ DR

WHITE SANDS DR

JULIUS ST

FALL DR

S AVON PL

APR CI OT 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

MAJEST CI CT
12TH ST

FRESHET ST

JADEN CT

DUCOR RD

BART PL

LANE PL

HARBOR CT

FIRST ST

PERS MI MON 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 P NI E 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

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: February 21, 2024
Agenda Number: C-2
Alicia Gonzales, City Clerk
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Adoption of Updated District Boundary to Include Property Annexed into the City RECOMMENDATION:

Introduce, by title only, an Ordinance of the City Council of the City of Madera amending Subsection C (1) of Section 2-1.21 of the City Municipal Code to adopt revised district boundaries and waive the first reading.

SUMMARY:

The City Council has held five public hearings to receive public input on district boundaries to account for property annexed to the City. To complete this process, and to allow for members of the public residing in the annexed territory to participate in local elections, an ordinance is being introduced to allow for updating of District boundaries.

BACKGROUND:

As explained in greater detail in the prior Agenda item, every 10 years Election Code section 2160 require cities with by-district election systems 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.

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 boundaries must be modified to incorporate the annexed area.

DISCUSSION:

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

Over the period of several months the City has held five public hearings to receive public comment as required by the Elections Code. The next step is to amend the City of Madera’s Municipal Code to formally add the annexed territory. This is done by first introducing the ordinance, and then approving the ordinance at a subsequent regular meeting of the Council, which is currently proposed for February 21, 2024. As District 1 is the “nearest existing Council district” to the annexed property, the ordinance proposes to add the annexed territory to District 1 consistent with the mandatory requirements of State law.

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 description.

ALTERNATIVES:

Decline to introduce the Ordinance at this time or continue the matter to a future meeting.

ATTACHMENTS:

1. Ordinance of the City Council of the City of Madera amending Subsection C(1) of Section 2-1.21 of the City Municipal Code and adopting revised district boundaries ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA
AMENDING SUBSECTION (C)(1) OF SECTION 2-1.21 OF CHAPTER 1 OF

TITLE II OF THE MADERA MUNICIPAL CODE AND ADOPTING REVISED

DISTRICT VOTING BOUNDARIES
WHEREAS, in 2010 a voter-approved districting plan was adopted by Ord. 890 that established six Council districts; and
WHEREAS, on March 16, 2022, the City Council adopted Ordinance No. 988 updating the Council district boundaries based on the most recent U.S. Census; and WHEREAS, the annexation of new territory known as “Villages at Almond Grove” (formerly the “Village D” planning area) into the City’s jurisdiction was approved by the Madera County Local Agency Formation Commission (“LAFCO”); and WHEREAS, pursuant to California Elections Code Section 21603(A), “[If] the boundaries of a city expand by the addition of new territory, including through annexation of unincorporated territory or consolidation with another city, the council shall add that new territory to the nearest existing council district without changing the boundaries of other council district boundaries”; and
WHEREAS, the territory for the Villages at Almond Grove annexation is immediately adjacent to District 1; and
WHEREAS, the area for the Villages at Almond Grove annexation is generally depicted in the graphic representation attached hereto as Exhibit “A”; and WHEREAS, on November 15, 2023, at a regular City Council meeting, the City Council held a public hearing to receive public input regarding the annexation of the Villages at Almond Grove into an elections district; and
WHEREAS, on December 20, 2023, at a regular City Council meeting, the City Council held a public hearing to receive public input regarding the annexation of the Villages at Almond Grove into an elections district; and
WHEREAS, on January 17, 2024, at a regular City Council meeting, the City Council held a public hearing regarding the proposed map for the annexation of the Villages at Almond Grove into an elections district; and
WHEREAS, on February 7, 2024, at a regular City Council meeting, the City Council again held a public hearing regarding the proposed map for the annexation of the Villages at Almond Grove into an elections district; and
WHEREAS, on February 21, 2024, at a regular City Council meeting, the City Council held a public hearing regarding the proposed map annexation of the Villages at Almond Grove into an elections district, and approved a draft map regarding the same; and WHEREAS, the City Council now desires to enact this Ordinance to annex the Villages at Almond Grove to District One.

NOW THEREFORE, the City Council of the City of Madera does ordain as follows:

SECTION 1. The above recitals are hereby incorporated by reference.

SECTION 2. This Ordinance is exempt from the California Environmental Quality Act (“CEQA”) under Section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment.

Where, as here, it can be seen with certainty that there is no possibility that the activity in question would have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 3. Subsection (C)(1) of Section 2-1.21 of Chapter 1 of Title II of the Madera Municipal Code is hereby amended to read in its entirety as follows:
(C) District boundaries. The Council member districts of the city shall have the following legal boundaries:
(1) District 1. The region bounded and described as follows: all of that portion of Madera County bounded and described as follows: Beginning at the point of intersection of the Madera city line and Ave 14, and proceeding northerly and westerly along the Madera city line to the Madera city line and Rd 23, and proceeding northerly and easterly along the Madera city line to the Madera city line and Ave 17, and proceeding easterly and northerly along the Madera city line to the Madera city line and Schmidt Creek Way, and proceeding easterly and southerly along the Madera city line to the Madera city line, and proceeding easterly along the Madera city line to the Madera city line and Arnold Way and proceeding southerly along the Madera city line to the Madera city line and Sharon Blvd, and proceeding southerly along the Madera city line and Sharon Blvd to Ellis Street, and proceeding westerly along Ellis Street to Avenue 16, and proceeding southerly along N Schnoor St to Foxglove Way, and proceeding westerly along Foxglove Way to N Granada Dr, and proceeding southerly along N Granada Dr to W Cleveland Ave, and proceeding easterly along W Cleveland Ave to N Schnoor St, and proceeding southerly along N Schnoor St to Sunset Ave, and proceeding easterly along Sunset Ave to N Pine St, and proceeding southerly along N Pine St to Howard Rd, and proceeding westerly along Howard Rd to Mainberry Dr, and proceeding northerly along Mainberry Dr to Sunset Ave, and proceeding westerly along Sunset Ave to Westberry Blvd, and proceeding southerly along Westberry Blvd to Westgate Dr, and proceeding westerly along Westgate Dr to Kent Dr, and proceeding southerly along Kent Dr to Winter Way, and proceeding westerly along Winter Way to Kent Dr, and proceeding southerly along Kent Dr to Ren Way, and proceeding easterly along Ren Way to Westberry Blvd, and proceeding southerly along Westberry Blvd to Ave 14, and proceeding westerly along Ave 14 to the Madera city line and northerly and westerly along the Madera city line to the point of beginning.

Effective April 1, 2024, the region shall also include the additional territory bounded and described as follows: all of that portion of Madera County bounded and described as follows: Beginning at the point of intersection of the Madera city line and Rd. 24 at Cleveland Avenue, and proceeding northerly along Rd. 24 to Avenue 16, and proceedings westerly along Avenue 16 to Rd. 23, and proceeding northerly along Rd. 23 to Avenue 17, and proceedings westerly along Avenue 17 to the Rd. 22 alignment, and proceeding southerly along the Rd. 22 alignment to the northern bank of the Fresno River, and proceeding easterly along the north bank of the Fresno River to Rd. 23, and proceeding southeasterly along the north bank of the Fresno River to the Avenue 15 alignment, and easterly along the Avenue 15 alignment to the Madera Irrigation District canal, and proceeding easterly along the Madera Irrigation District canal alignment to the Madera city line at the Rd. 24/Alamosa Dr. alignment, and proceeding northerly along the Madera city line to the point of beginning.

SECTION 4: The foregoing district boundaries are depicted on, and added to, the “City Council District Boundaries Map” attached hereto as Exhibit “A,” which shall be kept on file in the City Clerk's Office.

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

SECTION 6: This ordinance shall take effect and be in full force and effect from and after thirty (30) calendar days after its final passage and adoption. Within fifteen (15) calendar days after its adoption, the ordinance, or a summary of the ordinance, shall be published once in a newspaper of general circulation.
* * * * * * *
Exhibit “A”
City Council District Boundaries Map
(Effective April 6, 2024)
RD 23
AVE 12
AVE 13
AVE 17
STATE RTE 99
STATE HWY 99
RD 29
RD 28
RD 24
RD 27
AVE 18
STATE RTE 145 STATE HWY 145
N D ST

ELLIS ST
AVE 15 1/2
RD 25
RD 28 1/2
AVE 18 1/2
AVE 12 1/2
HWY 99
AVE 14
RD 26 1/2
RD 26

W PECAN AVE

W CLEVELAND AVE
AVE 15

N LAKE ST

RAYMOND RD
AVE 13 1/2

SUNSET AVE

DALEY RD

COUNTRY CLUB DR
RD 24 1/2

MARTIN ST
AVE 16

AUSTIN ST
RD 22 1/2

S GRANADA DR
S C ST
AVE 14 1/2
RD 25 1/2
S D ST
RD 29 1/2
RD 23 1/2

N GRANADA DR
S E ST
N I ST

ALMOND AVE

N SCHNOOR AVE
S A ST

HOWARD RD

N GATEWAY DR
RD 28 1/4

OWENS ST

ADELL ST

PECAN LN

S PINE ST
AVE 17 1/2
S I ST
E 6TH ST

RIVERVIEW DR
S G ST
N G ST

SHARON BLVD
W 4TH ST

VARDEN DR

CLINTON ST

E GARY LN

RODEO DR

S MADERA AVE
W 6TH ST

E YOSEMITE AVE

LILLY ST

FAIRFIELD DR

LANE DR

STADIUM RD
S H ST

SONORA ST

WALDEN DR
E 5TH ST

W ADELL ST

MONTEREY ST

E OLIVE AVE
N E ST

HARPER BLVD
N H ST

N WESTBERRY BLVD

OREGON AVE

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

AVIATION DR

HAZEL AVE

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
FIG ST

S GATEWAY DR

HILL DR

WATT ST
S L ST
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

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

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

TUOLUMNE ST

GARY LN
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
N L ST

GREENTREE AVE
E 11TH ST

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

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

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

E SOUTH ST

NILE ST

TANFORAN DR

PEAR ST

FOXGLOVE WAY

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
RD 27 1/2
S O ST

VALENCIA AVE
W 7TH ST

SAN BRUNO AVE
W 8TH ST

ADANAC WAY

UNIVERSITY AVE

KIWI 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

MAGNOLIA ST

ASPEN LN

EAST LOOP

NOBLE ST

FRISCO WAY
E 13TH ST

KNOX AVE

DESHA ST

PAMELA DR

FERN ST
N Q ST

PICKFORD DR

RAYMOND THOMAS ST

SAUNDERS RD

MONOCOTT DR

TANGERINE AVE

WALLACE ST

WALDEN AVE
E 14TH ST

LAGUNA WAY

RAYMOND THOMAS RD

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
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

ENCANTADA AVE
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

PAPAYA ST

W WILSON ST

DAULTON AVE

AVON WAY

STINSON AVE

AUTUMN RD

GILL AVE POSEY AVE

SANARITA WAY

HILLSBORO AVE

GARFIELD AVE

LA JOLLA WAY

SHANNON AVE

N PARK DR

PHILLIP ST

ECHO ST

MERLOT AVE

W ROBERTS AVE

ST MONTELENA DR SANTA CRUZ ST

MOORE ST

CHOLLA AVE

DE CESARI AVE

SCOTT WAY

TREVOR WAY
AVE 18 3/4

BARNETT WAY
AVE 17 3/4

ARNOLD WAY

PARK LN

TOSCHI DR

CANAL WAY

JAMES WAY

DIAMOND WAY
JOY ST

QUADY LN

CAMINO LN

WESTGATE DR

HAZELNUT LN

COYOTE LN

HOLIDAY WAY

ASILOMAR DR

TRAGON ST

SEGOVIA WAY

FOSTER AVE

ALPINE ST

VIA CERIONI

BURGUNDY DR

CRYSTAL DR

SMITHWOOD DR

S BERRY DR

SUMMER LN

MODOC ST

ASHLAN WAY

FICKLIN DR

MC RAE RD

CORPARATE AVE

TYLER LN

EDDY WAY

RIVER POINTE

WABASH RD

SILK OAK LN

CYPRESS ST

FLORENCE WAY

TODD ST

BONNIE WAY

SANTA BONITA ST

SULTANA DR

ROBBINS LN

LIME AVE

SANTA LUCIA DR

AZURE DR

STATE ST

ROCKY BOTTOM ST

BRIDGE WAY

BOULDER AVE

CHIANTI AVE

MADRID LN

PAUL AVE

INDIGO DR
N J ST

FUTURE ST

LYNN WAY

WAYSIDE DR

LA QUINTA WAY

JAZLEE LN

LYONS ST

LINDA MESA DR

JOSEPHINE AVE

VALLEY WAY

MONARCH RD
N R ST

LINDA VISTA CIR

GARLAND ST

LARWOOD DR

VARABELLA PARK

MONTE VISTA AVE

PEACH TREE DR

MARIPOSA ST

SAN RAMON RD

W CENTRAL AVE
W PARK

AUBURN WAY

WILLOW DR

DESERT RANCH WAY

LILLIAN ST

AVALON AVE

LUCIA WAY

LYNN PL

CHESTNUT AVE

BARSOTTI AVE

MACE ST

GREEN CT

LARRETE AVE

MANZANA CT

PERCY ST

MALTA ST

KATHRYN AVE

PENNY WAY

TERRA FIRMA RD

HARBOR DR

ROBINWOOD WAY

CONDOR DR
BAY CT

PHILBERT LN

RUNNING BROOK ST

SUMMIT DR

CALAVERAS ST

ROSE CT

SUSAN LN

SPRING WAY

SAQURO AVE

PINA ST
10TH ST

MONROE AVE

WINTER WAY
Q ST

JOSEPH LN

COOLIDGE ST
E 7TH ST

SEASONS CT

S POMERS PL

ALONZO CT

W SOUTH ST

LOMA LINDA LN

VERDE MESA WAY

POPPY ST

DE SANTI AVE

MUNRAS AVE

ROSE ST

SANTA CLARA ST

KENTON WAY

TORRES WAY

MENLO DR

RAMONA ST
W 12TH ST

HILLCREST CT

PARK DR

FIFTH ST

EL PASO PL

FOREST LN

COVE WAY

PACIFIC CT

GREYSTONE

JULIUS ST

S AVON PL

POINTE W

MAPLE CT

BILBAO CT

CREEEKSIDE DR

GOLDEN STATE BLVD
RD 28
AVE 14

FALCON DR
E 9TH ST

HARPER BLVD

GOLDEN STATE BLVD
RD 27

SONORA ST
13 1/2 AVE

E ALMOND AVE
AVE 17
AVE 17 1/2

E SOUTH ST
AVE 12 1/4

LILLY ST
RD 24
W 3RD ST

E ADELL ST

WESSMITH WAY
AVE 13 1/2
AVE 18
S A ST
W 5TH ST
RD 29
AVE 16
AVE 12 1/2
RD 25 1/2

CONDOR RD
W 4TH ST
RD 29 1/4

AUSTIN ST
FIG ST
STATE RTE 99

ELLIS ST
AVE 12 1/4

MERLOT AVE
AVE 18 1/2

PLUMAS ST

DRIFTWOOD DR

ADELL ST
AVE 14 1/2
RD 28 1/4
AVE 18 1/2
AVE 15 1/2
RD 28
W 5TH ST

BROOK DR W

REN WAY

MAPLE ST

GREEN WAY

SUNDANCE LN

W ALMOND AVE

RIVERSIDE DR

CUTTING ST

JAMES WAY

REGAL DR

AVIATION DR

CHIANTI AVE
HWY 99

SHARON BLVD

TREMAINE AVE
W 3RD ST
AVE 18 1/4
RD 26 1/2
W 8TH ST
AVE 18
N J ST
RD 24

W CLEVELAND AVE
RD 25
AVE 11 3/4

MAPLE ST
RD 29

SENECA DR
W 3RD ST
AVE 18

LILLY ST

W CENTRAL AVE

GAMAY AVE
AVE 18 1/4
AVE 16
S B ST

CLINTON ST

TRAGON ST

RIVERVIEW DR

CLARK ST

MAGNOLIA ST
AVE 16
RD 24 1/2

NATIONAL AVE

TUOLUMNE ST
RD 28 1/2
AVE 14

RIVERVIEW DR

MERCED ST

PLUMAS ST
RD 24 1/2

VALLEY WAY
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.
2024
2026
2024
2026
2024
2026
2024
1 1
2 3
4 5
6 City of Madera
City Council
Election Districts
Effective as of April 6, 2024

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: February 21, 2024
Agenda Number: D-1
Giachino Chiaramonte, Chief of Police
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Piggyback purchase agreement for Police Department firearm purchase RECOMMENDATION:

Adopt a Resolution approving Purchasing Cooperative of America (PCA) piggyback agreement OD-337-21 for the purchase of new Police firearms from Proforce Marketing, Inc. DBA Proforce Law Enforcement (Proforce) for $94,626.96
SUMMARY:

Currently, the Police Department employs .40 caliber firearms. In a move to adhere to contemporary law enforcement standards and ensure uniformity in firearm usage, staff recommendsreplacing all seventy-six .40 caliber firearms with 9mm counterparts. This transition is expected to enhance officer training and promote overall firearm management efficiency. To facilitate this equipment upgrade, staff recommends leveraging a piggyback agreement, utilizing an existing competitively bid and awarded contract from another government entity. The anticipated net cost of this change is expected to be approximately $77,000.

DISCUSSION:

For the last few decades, the Madera Police Officers have carried a .40 caliber firearm. However, as the law enforcement arena has changed and technology has improved, the 9mm firearm and more advanced sighting systems have become the industry standard for the on-duty handgun.

The 9mm firearm has several benefits compared to its counterpart, including:
▪ Easier handling
▪ Less recoil
▪ Less expensive ammunition
Moreover, the recommended transition to 9mm firearms is anticipated to be considerably more approachable for officers with limited firearms experience. The 9mm configuration is known for its manageable recoil and ease of use, providing a user-friendly platform that aligns with the Department's commitment to officer safety and proficiency. This adjustment reflects a proactive approach to ensuring that officers, regardless of experience level, can confidently and effectively utilize their firearms in the line of duty, contributing to the overall safety and efficiency of law enforcement operations.

This purchase would also equip each handgun with a red dot sight (optic). These optics allow officers to acquire a target much quicker and with greater accuracy. While a typical sighting system requires the officer to look through a rear sight while positioned directly behind their gun (meaning much of the target is covered by the officer’s firearm as well as their hands and arms) and focus on the front sight, the red dot optic allows them to look through the optic, at the target while keeping the red dot on the target. A typical law enforcement shooting encounter involves tremendous stress and distractions, and requires the officer to observe the target’s behavior while identifying a lethal threat in time to respond. This combination of reactions is challenging when lining up traditional sights. The red dot optic is easier to acquire under stress and allows the officer some amount of head movement. This means the officer can better observe the suspect's movements prior to making a life-and-death decision. This is called “threat focus” and is an intuitive response to a threat. In addition, as our eyes age, using a traditional sight with multiple focal planes can be very challenging. The red dot sight uses only one focal plane, making it much better for veteran officers.

Ammunition
The City will see a reduction in the price of ammunition in the long term as the price per 9mm bullet is less expensive when compared to a .40 caliber bullet. To be exact, a 9mm bullet currently costs $.29 versus a.40 caliber bullet, which costs $.37. Also, it is becoming increasingly more challenging to identify.40 caliber ammunition vendors since it is no longer a commonly used caliber of ammunition.

Firearm Buyback Program
In addition to realizing cost savings from the more affordable ammunition prices associated with the transition to 9mm firearms, the City aims to further recoup expenses by implementing a buyback program. To streamline this initiative, existing .40 caliber firearms will be sent to Proforce, who will administer the buyback program. This program allows officers to purchase their previously issued .40 caliber firearms at a reduced rate. The funds generated through this buyback arrangement will be earmarked to offset the overall cost of acquiring the new 9mm firearms, providing a fiscally responsible approach to the department's firearm upgrade while offering a beneficial opportunity for officers.

Purchasing Policy Procedures
The City Council (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.

After reviewing the available purchase options for these purchases, staff determined that using piggyback purchase agreements between public agencies represents the most advantageous purchasing strategy. Procuring the item above with a Request for Proposal (RFP) would require significant City resources. This strategy ensures the City receives excellent pricing with efficient use of staff time and resources.

PCA provides purchasing methods like piggybacking to meet the needs of governmental entities.

Benefits include free access and usage of pre-negotiated, completed, ready-to-use contracts for products and services from reliable suppliers. In the case of piggyback agreement OD-337-21, Proforce was awarded the contract from the City of O’Donnel, Texas. Proforce has provided the City with a quoted price of $94,626.96 based on pricing from the piggyback agreement.

FINANCIAL IMPACT:

To offset some of the cost of the proposed purchase, staff is participating in a buyback program.

This program also allows officers to buy back their firearm from Proforce. The price per firearm sold to Proforce is estimated at $225-$250 per handgun. The variation in price per handgun is based on the condition of the handgun upon inspection. On the low end, this would provide $17,100 towards the replacement cost. In addition, the City can trade in other equipment that was replaced with our recent rifle purchase and the holsters that fit the .40 caliber firearms.

While difficult to accurately estimate, the amount earned from selling and trading in will drastically decrease the overall cost of replacement.

The proposed firearm purchase is allocated within the City's budget, with $60,000 earmarked from the General Fund. The remaining $34,626.96 will be covered by Measure K funds. It is important to emphasize that these figures represent the initial cost before factoring in the potential revenue generated through the buyback program. Funds obtained from the buyback initiative will be deducted from the total purchase price, demonstrating a strategic financial approach that maximizes the utilization of available resources and minimizes the impact on allocated budgets. This approach ensures a balanced and responsible financial strategy for the firearm replacement initiative.

ALTERNATIVES:

Alternatively, the Council may direct staff to prepare a Request for Proposals (RFP) to solicit quotes from vendors. While this approach is feasible, this alternative would necessitate dedicated staff resources. Additionally, there is no certainty that the prices obtained through the RFP process would be more advantageous than those secured through the existing piggybacking arrangement. The potential benefits of cost savings and administrative efficiency achieved through piggybacking should be carefully considered in the decision-making process, ensuring a balanced assessment of both alternatives.

Council may request additional information or clarification or deny the purchase.

ATTACHMENTS:

1. Resolution approving PCA piggyback purchase from Proforce a. Exhibit A: Price quote from ProForce
b. Exhibit B: Piggyback agreement OD-337-21
RESOLUTION NO. 24-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

APPROVING PURCHASING COOPERATIVE OF AMERICA PIGGYBACK
AGREEMENT OD-337-21 FOR THE PURCHASE OF NEW FIREARMS FROM PROFORCE MARKETING, INC. DBA PROFORCE LAW ENFORCEMENT
(PROFORCE) IN THE AMOUNT OF $94,626.96
WHEREAS, a piggyback contract can be executed via another entity’s agreement when the items or services have already been bid by other governmental agencies or special cooperative agreements, provided such contracts are the result of a competitive bidding, and that the competitive bidding process used and all terms and conditions are substantially the same as the City’s competitive bidding process and terms and conditions; and WHEREAS, the City Council (Council) approved Ordinance 996 C.S. on December 21, 2022, which amended the City’s Municipal Code, adding Title II Section 4 Purchasing Procedures; and WHEREAS, Ordinance 996 C.S. allows the City to utilize piggyback purchasing procedures through the Procurement Services Manager to purchase supplies, equipment, orservices without completing the City’s bidding or proposal process, from any supplier who offers the goods or services at the same or better price, terms, and/or conditions as the supplier previously offered to another public; and
WHEREAS, staff has conducted a due diligence and determined that piggyback purchases through PCA best meet the City’s interests.

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

3. The Council approves PCA piggyback agreement for the purchase of firearms in the amount of $94,626.96 from Proforce.

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

EXHIBIT A
QUOTE#

O R D E R

SHIP DATE

Q U O T E
PAGE

SOLD SHIP
TO TO
JOB # ORD. DATE CUST.# LOC. SALESMAN SHIP VIA FRT.

QTY. UOM
ORDER ITEM NO./DESC. UNIT PRICE DISC. NET PRICE

COMMENT
TERMS
677023 1
A.S.A.P.

CITY OF MADERA MADERA POLICE DEPARTMENT
FINANCE DEPARTMENT 330 SOUTH C STREET
205 W. 4TH STREET
MADERA CA 93637 MADERA CA 93638
N/A 01/29/24 002630 A JASON DAVIS F-2D FOB ORIGIN
76 PA475S202MOS 429.00 EA 32,604.00
GLK LE 47 9MM PST FS 17RD MOS .00

4.49" FSS 3 MAGS
76 GL-815 59.51 EA 4,522.76
AMG NSITES 3XL TALL SUPP SET .00
GLK GRN 3DOT/BLK OUTLINE
76 GL-RSH-V2-ST 40.93 EA 3,110.68
C&H V2 MOS GLK MIL/LEO ADP PLT .00
RMR/SRO HLS 407/507/508 STEEL
76 NON-STOCK 112.19 EA 8,526.44
SFL 6365RDS-8972-411 .00
76 RMHD2-C-3200002 508.57 EA 38,651.32
TRJ RMR HD 50 MOA ADJ LED RET .00

3.25 MOA RED DOT
1 XFET .00 EA .00
THIS ITEM FET OUT .00
1 PCA .00 EA .00
PCA OD-337-21 CO-OP CTR .00
IMPORTANT NOTICES:

This quotation is based on the issuance of a department !PIX1@FDRCE
----LAW ENFORCEMENT
2625 Stearman Drive. Prescott AZ, 86301
Tel: 928-776-7192 Fax: 928-445-3468
email: [email protected] www.proforceonline.com

I I I I

I I I I
QUOTE#

O R D E R

SHIP DATE

Q U O T E
PAGE

SOLD SHIP
TO TO
JOB # ORD. DATE CUST.# LOC. SALESMAN SHIP VIA FRT.

QTY. UOM
ORDER ITEM NO./DESC. UNIT PRICE DISC. NET PRICE

COMMENT
TERMS
677023 2
A.S.A.P.

CITY OF MADERA MADERA POLICE DEPARTMENT
FINANCE DEPARTMENT 330 SOUTH C STREET
205 W. 4TH STREET
MADERA CA 93637 MADERA CA 93638
N/A 01/29/24 002630 A JASON DAVIS F-2D FOB ORIGIN
purchase order and F.E.T. form.

ATF or the manufacturer may require additional
forms. Sample forms may be found at:
http://www.ProForceonline.com/forms.html
Standard Terms are Net 30 days. If department policy does not allow for partial shipments and payments, separate
purchase orders for each item will be necessary.

Standard manufacturer's warranty applies to all department This quote is valid for 45 days from date of issue,
pending credit approval, and is subject to manufacturer's availability and price change. Please call (800) 367-5855 if this bid is still pending on the expiration date for updated pricing.

ProForce Law Enforcement agrees to defend, indemnify and hold harmless its customers from claims for personal
injury or property damages, to the extent arising from the negligent acts or omissions of ProForce Law Enforcement or its employees, agents or independent contractors.

ORDERING INSTRUCTIONS: Please reply to your sales represen- tative in writing to process this order or send an email to [email protected]. For orders over $5,000, a PO or signed quote is required to process the order.
!PIX1@FDRCE
----LAW ENFORCEMENT
2625 Stearman Drive. Prescott AZ, 86301
Tel: 928-776-7192 Fax: 928-445-3468
email: [email protected] www.proforceonline.com

I I I I

I I I I
QUOTE#

O R D E R

SHIP DATE

Q U O T E
PAGE

SOLD SHIP
TO TO
JOB # ORD. DATE CUST.# LOC. SALESMAN SHIP VIA FRT.

QTY. UOM
ORDER ITEM NO./DESC. UNIT PRICE DISC. NET PRICE

COMMENT
TERMS
677023 3
A.S.A.P.

CITY OF MADERA MADERA POLICE DEPARTMENT
FINANCE DEPARTMENT 330 SOUTH C STREET
205 W. 4TH STREET
MADERA CA 93637 MADERA CA 93638
N/A 01/29/24 002630 A JASON DAVIS F-2D FOB ORIGIN
Returned items are subject to 20% restocking fee. All sales are final on non-stocked/special order items
IMPORTANT: To order from this quotation, please sign below.

Printed Name: ____________________________________________ -
Date: ___________________________ P.O.:___________________ -
Signature: _______________________________________________ SALES AMOUNT 87,415.20

FOR RYAN VASQUEZ

BY JOHN GALL

8.250% SALES TAX 7,211.76
SUB TOTAL 94,626.96
DUE NET 30 DAYS
!PIX1@FDRCE
----LAW ENFORCEMENT
2625 Stearman Drive. Prescott AZ, 86301
Tel: 928-776-7192 Fax: 928-445-3468
email: [email protected] www.proforceonline.com

I I I I

EXHIBIT B
RFP # 337-21
Fire, Safety, Security, Surveillance, Equipment, Service and Related Items

PROPOSAL
Manufacturer Scope/Specifications -- Manufacturer Discount Proposal Offered to the Purchasing Cooperative of America and its Members Proforce Law Enforcement is a major distributor of law enforcement firearms and equipment, managing retail and trade of premier products throughout the United States. Our company sells exclusively to law enforcement agencies, individual officers, active and retired military professionals, security personnel, medical first responders and fire professionals. Immediately below is a summary of key corporate information.

Legal Name: Proforce Marketing, Inc. DBA Proforce Law Enforcement Status: Arizona Corporation (Since 2001)
Business Address: 2625 Stearman Rd., Ste. A, Prescott, Arizona 86301 Email Address: [email protected]
Website: www.proforceonline.com
Telephone: 928-776-7192
Facsimile: 928-445-3468
Effective January 1, 2021, Proforce is an authorized dealer for supplies manufactured by all companies listed below, in the territories identified. The discounts offered are % discounts off Manufacturer Suggested Retail Price (MSRP) effective at the time any quote is requested from an agency. Upon request, particularly where a manufacturer does not publish an MSRP price list, Proforce will obtain proof from a manufacturer that a quote is in compliance with the discount offered. The MSRP pricing is subject to change, per the Manufacturer, without notice.

The discounts listed are only minimum discounts, and Proforce may offer pricing at a substantially greater discount, depending on the product, if available. Proforce is committed to offering competitive contract pricing to all PCA Members throughout the life of its contract.

All items offered fall under NIGP Codes 257 and 680, and are value added to the contract.

Shipping costs are included. Taxes are excluded. All manufacturer warranties included and available upon request.

For quotes, all PCA Members can send quote requests to: [email protected].

See accompany pages for manufacturers, authorized territories and pricing.

Prescott, Arizona
Corporate Office & Support Center
2625 Stearman Road, Suite A. • Prescott, AZ 86301
Phone (928) 776-7192 • Fax (928) 445-3468
Brea, California
Law Enforcement/Fire & Military Store
655 Berry Street, Suite H • Brea, CA 92821
Phone (714) 257-9095 • Fax (714) 257-9076
fFOO,@I-DRCE
----LAW ENFORCEMENT
615 8th Street • O'Donnell, TX 79351
February 1, 2021
Proforce Marketing, Inc. dba Proforce Law Enforcement
Karen Berggren, Contract Specialist
2625 Stearman Rd Ste A,
Prescott, AZ 86301
[email protected]
Ofc:806-428-3239 • Fax:806-428-3440
Subject: PURCHASING COOPERATIVE OF AMERICA CONTRACT AWARD LETTER PCA OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service & Related Items Dear Ms. Berggren,
Congratulations! The City of O'Donnell has awarded your company a contract for the above-referenced solicitation. Your contract number will be the same as the solicitation number: PCA RFQ OD-337-21. The contract number is to be on all Invoices for proper reporting.

You are responsible for keeping PCA up to date with your current contact information and for submitting monthly reports. For months with inactivity, complete the company/contact information and simply input . 'No Activity'. We send out the Members list monthly, in response to your organization emailing the monthly report.

The contract is effective for the dates on the Contract Acceptance and Signatures Page and may be renewed up to four (4) additional years; unless notified otherwise, the renewal will be automatic. For any inquiries about your contract, please contact [email protected] & we will assist you! We will contact you for an orientation meeting and for content for your vendor page on the PCA web site.

PCA looks forward to working with you!
Sincerely,
~)?~
Kim Parker, Mayor
City of O'Donnell
The award packet includes:
• Award Letter
• Signed Contract Acceptance and Signatures Page
• Instructions for Monthly Report and Administrative Fee Tab 3 • Monthly Report Form & Instructions
RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
Form 8 - Contract Acceptance and Signatures
1,1st tJ< i" ri '<-it Sut ...,·, ; ll ot ?r1,;~;1"1gal
Acceptance and Exceptions
The undersigned Vendor acknowledges that he/she has examined this solicitation, the accompanying forms and contract terms and conditions, and scope and specifications associated with this solicitation.

The undersigned Vendor hereby agrees to furnish products and/or services in strict compliance with the terms, specifications, and conditions of the solicitation, the Contract, and the Vendor's response.

The undersigned certifies that he or she is an officer of the company and has authority to negotiate and contract for the company named below and meets/agrees with all of the terms and conditions of this Contract and the solicitation.
1K] No Exceptions. In the absence of any exception entry on this form, the Vendor assures Awarding Agency of their full compliance with the solicitation, the accompanying forms and contract terms and conditions, scope and specifications associated with this solicitation. 0 Exceptions as Listed on Attached Page(s). ANY AND ALL EXCEPTIONS TO THE CONTRACT

TERMS AND CONDITIONS OF THIS CONTRACT MUST BE NOTED ON THE COMPLIANCE AND EXCEPTIONS FORM AND REFERENCE THE SPECIFIC TERM/CONDITION. NO OTHER EXCEPTIOI\IS TO THE CONTRACT TERMS AND CONDITIONS WILL BE CLAIMED.

Awarding Agency will consider any exceptions during contract award evaluation and reserves the right to accept or reject any and all responses based on any exception indicated . • _ , f •. M r _
I' r -· 't:Y ;• ... ; ...

Piescctt AL. 86301 City,Stateiz;p Code: _ _ ___ ___ _ __ _ 928-7~ .. 6-1192 i;alas@proforce,ml .c .•1.
rtione: _ __ ___ -- 1
Digitally signed by Karen M.

Karen M. Berggren Berggren _ _ _ __ _ __ ___o~tc:..202.WU..ll 07:.5.4:2.6.-07'00' ,, ·•ho,-~ ~"" c\. Ill <: gn-t\.fft~
Acceptance by Awarding Agency
Term of Contract a// /~J to / / 3 J / d:'J=
I I I
Unless otherwise stated, this Contract is for a period of one (1) year with an option to renew annually for an additional four (4) years if agreed upon by Awarding Agency and Vendor. Unless informed otherwise, the renewal shall be automatic on anniversary date. Vendor shall honor all administrative fees for any sales resulting from his Cont ct whether Vendor is awarded a renewal or not. rding Agency Aulhorizedfiature
Printed Name: ;<;m -z;t..,;r Nr--

PURCHASING COOPERATIVE OF AMERICA

Page 35 of 67 ends

Madera City CouncilFebruary 21, 2024

Madera City Council
February 21, 2024