Valuation
Value Before Taking: $569,825.80
Value of Part Taken (As Part of Whole): – $221,075.80
Remainder Value Before Taking: = $348,750.00
Remainder Value After Taking: – $348,750.00
Damages to Remainder: = $0.00
Benefits to Remainder: – $0.00
Net Damage to Remainder = $0.00
Value of Part Taken (As Part of Whole): + $221,075.80
Total Difference (Just Compensation): = $221,075.80
Rounded: $222,000.00
THIS LETTER MUST REMAIN ATTACHED TO THE REPORT, WHICH CONTAINS 44 PAGES
PLUS RELATED EXHIBITS, IN ORDER FOR THE VALUE OPINIONS SET FORTH ABOVE TO BE CONSIDERED VALID.
The report was prepared for and our professional fee billed to City of Madera Engineering Department. It is intended only for the use of the intended users specified in this report. It may not be distributed to or relied upon by other persons or entities without our written permission.
Sincerely yours,
REAL PROPERTY ANALYSTS
Kelly P. Stevens, SRA
CA #AG020683
Expires April 7, 2024
Tiffany K.V. Mach, MAI
CA #AG025952
Expires August 28, 2025
APPRAISAL REPORT 1
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Title Page
Letter of Transmittal
Table of Contents .......................................................................................................... 1 Certification .................................................................................................................. 3 Property Inspection Certificate .................................................................................... 5 Summary of Important Conclusions ............................................................................. 6 Reporting Option ........................................................................................................... 8 Client ............................................................................................................................. 8 Intended Users .............................................................................................................. 8 Intended Use of the Appraisal ...................................................................................... 8 Identification of the Subject Property .......................................................................... 8 Property Rights Appraised ........................................................................................... 8 Fair Market Value Definition ....................................................................................... 9 Other Pertinent Definitions .......................................................................................... 9 USPAP Compliance .....................................................................................................12 Applicable Dates in This Appraisal .............................................................................12 Extraordinary Assumptions ........................................................................................12 Hypothetical Conditions ..............................................................................................13 General Assumptions and Limiting Conditions ..........................................................14 Scope of Work ...............................................................................................................16 Current Ownership ......................................................................................................18 Property History ..........................................................................................................18 Legal Description of the Whole Property ....................................................................18 Legal Description of the Taking ..................................................................................18 Assessed Valuation and Taxes ....................................................................................19 Area Description ..........................................................................................................20 Market Conditions .......................................................................................................23 Description of the Project.............................................................................................25 Description of the Whole Property ..............................................................................26 Description of the Taking ............................................................................................29 Description of the Remainder ......................................................................................29 Highest and Best Use Before Taking ..........................................................................30 Highest and Best Use of Land or Site as Though Vacant .......................................30 Highest and Best Use as Currently Improved .........................................................31 Highest and Best Use After Taking ............................................................................31 Valuation Methodology ................................................................................................32 Value Before Taking ....................................................................................................33 Procedure ..................................................................................................................33 Definitions ................................................................................................................34 Comparable Market Data ........................................................................................34 Comparable Sales Analysis – Land Sales ................................................................35 Comparable Sales Map – Land Sales.......................................................................36 Comparison of Sales to Subject and Value Conclusion ...........................................38 APPRAISAL REPORT 2
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Opinion of Value – Site Improvements ....................................................................40 Value of Part Taken (As Part of Whole) ......................................................................41 Remainder Value Before Taking .................................................................................41 Remainder Value After Taking ...................................................................................41 Damages to Remainder ................................................................................................42 Benefits to Remainder .................................................................................................42 Net Damage To Remainder .........................................................................................42 Total Difference (Just Compensation) .........................................................................42 Appraisal Summary Sheet ...........................................................................................43 Valuation ......................................................................................................................44 Addenda
Subject Photographs
Maps & Other Exhibits
Comparable Sale Data Sheets
Qualifications of the Appraiser(s)
APPRAISAL REPORT 3
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I, Kelly P. Stevens, certify that:
I have made a personal inspection of the property that is the subject of this report, and have considered all of the pertinent facts affecting the value thereof. As of the date of this report, I have completed the continuing education program of the Appraisal Institute.
I, Tiffany K. V. Mach, certify
I did personally inspect the exterior of the property and have reviewed the analyses, conclusions and opinions concerning the real estate contained in this appraisal report and fully concur with the final estimates herein expressed. As of the date of this report, I have completed the continuing education program of the Appraisal Institute.
We, Kelly P. Stevens and Tiffany K. V. Mach, certify:
The statements of fact contained in this report are true and correct. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are our personal, impartial, and unbiased professional analyses, opinions and conclusions. We have no present or prospective interest in the property that is the subject of this report, and no personal interest or bias with respect to the parties involved. We have performed appraisal services, as an appraiser, regarding the property that is the subject of this report within the three-year period immediately preceding agreement to perform acceptance of this assignment. We have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment.
Our engagement in this assignment was not contingent upon developing or reporting predetermined results.
Our compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal.
APPRAISAL REPORT 4
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Our analyses, opinions and conclusions were developed, and this report has been prepared, in accordance with the Uniform Standards of Professional Appraisal Practice.
No one provided significant real property appraisal assistance to the person signing this certification.
That, to the best of our knowledge and belief, our analyses, opinions and conclusions were developed, and this report complies with, the Code of Professional Ethics and Standards of Valuation Practice of the Appraisal Institute. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. The appraisal assignment was not based on a requested minimum valuation, a specific valuation, or the approval of a loan.
Kelly P. Stevens, SRA
CA #AG020683
Expires April 7, 2024
Tiffany K.V. Mach, MAI
CA #AG025952
Expires August 28, 2025
Dated at Fresno, California
September 27, 2023
APPRAISAL REPORT 5
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A Notice of Decision to Appraise (NODA) was sent to the property owner previously on September 8, 2022 requesting the owner contact the appraiser for an appointment to inspect the subject property. Francisco Holguin and Suzie Velardi met with Tiffany K. V. Mach and Kelly P. Stevens, the appraisers, at the subject property on September 16, 2022 for an inspection and discussion of the subject property and proposed right of way acquisition.
Another Notice of Decision to Appraise was sent to the property owner September 12, 2023 requesting the owner contact the appraiser for an appointment to inspect the subject property. No one contacted the appraisers and the property was inspected September 25, 2023.
Kelly P. Stevens, SRA
CA #AG020683
Expires April 7, 2024
Tiffany K.V. Mach, MAI
CA #AG025952
Expires August 28, 2025
APPRAISAL REPORT 6
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Client
Name: Matt Bullis, P.E.
Title: Senior Engineer
Firm Name: City of Madera Engineering Department
Address: 428 East Yosemite Avenue
City, State, Zip: Madera, CA 93637
Telephone No.: 559-661-4913
Email Address: [email protected]
General Information
USPAP Report Option: Appraisal Report
Appraiser(s): Kelly P. Stevens, SRA
Tiffany K.V. Mach, MAI
Property Rights: Fee Simple
Intended Users: Client and authorized employees of the City of Madera Intended Use: To assist the client in acquiring a portion of the subject parcel Existing Use of Property: Rural Residential
Use Reflected in Appraisal Rural Residential
Date of Inspection: September 25, 2023
Date of Value: September 25, 2023
Date of Report: September 27, 2023
General Property Information
Property Type: Rural Residential
Owner of Record: Francisco Holguin and Antonia Holguin
Property Name: Holguin Property
Address: 16564 North Lake Street
City, State, Zip: Madera, CA 93638
GPS Coordinates: Latitude 36.98999; Longitude -120.05714 Census Tract No.: 5.07
Assessor’s Parcel No(s).: 038-030-028
County: Madera
Current Tax Year: 2023-2024
Assessed Value: $77,308
FEMA Flood Zone: X (Unshaded)
FEMA Map Page: 06039C1160E
Effective/Revised Date: September 26, 2008
ISO Seismic Zone: 3
Alquist Priolo Zone: The property is not within an Alquist Priolo zone Wetlands Considerations: No
APPRAISAL REPORT 7
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SUMMARY OF IMPORTANT CONCLUSIONS (CONT.)
Site Information
Land Area (Acres): 7.54
Land Area (SF): 328,442
Shape: Rectangular
Topography: Rough Level
Configuration: Interior or Mid-Block
Frontage: Approximately 701 feet to North Lake Street
Access: Lake Street
Visibility of Site: Average
Utility of Site: Average
Offsite Improvements: Asphalt Paved Street
Zoning: AR-5
Zoning Authority: City of Madera
Current Use Conforming?: Current use conforms to current zoning General Plan: Madera General Plan
Planning Authority: City of Madera
Planned Use: Low Density Residential
Sewer: Private Septic System
Water: Private Well
Natural Gas: Pacific Gas & Electric Company
Electricity: Pacific Gas & Electric Company
Telephone: AT&T
Highest and Best Use
As Currently Vacant: Hold for Development
As Currently Improved Hold for Development
Valuation
Value Before Taking: $569,825.80
Value of Part Taken (As Part of Whole): – $221,075.80
Remainder Value Before Taking: = $348,750.00
Remainder Value After Taking: – $348,750.00
Damages to Remainder: = $0.00
Benefits to Remainder: – $0.00
Net Damage to Remainder = $0.00
Value of Part Taken (As Part of Whole): + $221,075.80
Total Difference (Just Compensation): = $221,075.80
Rounded: $222,000.00
APPRAISAL REPORT 8
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The following Appraisal Report is intended to comply with the reporting requirements as set forth under Standards Rule 2 of the 2020-2022 edition of USPAP.
This report is prepared for the sole use and benefit of the client and intended users and is based, in part, upon documents, writings, and information owned and possessed by he/she/them. Neither this report, nor any of the information contained herein shall be used or relied upon for any purpose by any person or entity other than the client and intended users.
Name: Matt Bullis, P.E.
Title: Senior Engineer
Firm Name: City of Madera Engineering Department
Address: 428 East Yosemite Avenue
City, State, Zip: Madera, CA 93637
Telephone No.: 559-661-4913
Email Address: [email protected]
Client and authorized employees of the City of Madera.
To assist the client in acquiring a portion of the subject parcel.
Property Type: Rural Residential
Property Name: Holguin Property
Address: 16564 North Lake Street
City, State, Zip: Madera, CA 93638
Assessor’s Parcel No(s).: 038-030-028
County: Madera
Fee Simple Estate.
APPRAISAL REPORT 9
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This appraisal has been prepared in accordance with the following market value definition:
(a) The fair market value of the property taken is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing, and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available.
(b) The fair market value of property taken for which there is no relevant market is its value on the date of valuation as determined by any method of valuation that is just and equitable. (State of California Code of Civil Procedure, Section 1263.320) In this appraisal, several terms will be used that may be unfamiliar to the reader of this report. These terms are defined as follows:
Appraisal
(noun) the act or process of developing an opinion of value; an opinion of value. (adjective) of or pertaining to appraising and related functions such as appraisal practice or appraisal services. (comment) an appraisal is numerically expressed as a specific amount, as a range of numbers, or as a relationship (e.g., not more than, not less than) to a previous value opinion or numerical benchmark (e.g, assessed value, collateral value). (USPAP, Appraisal Foundation, 2020-2022 Edition, pg. 3).
Assignment
A valuation service that is provided by an appraiser as a consequence of an agreement with a client. (USPAP, Appraisal Foundation, 2020-2022 Edition, pg. 3).
Benefit to the Remainder
Benefit to the remainder is the benefit, if any, caused by the construction and use of the project for which the property is taken in the manner proposed by the plaintiff whether or not the benefit is caused by a portion of the project located on the part taken. (Code of Civil Procedure, State of California, Section 1263.430) Cost to Cure
An expenditure to fix or restore an item to its pre-take utility. A cost-to-cure analysis involves the identification of the item that is considered for a cure, the cost to effect the cure, and the damage to the remainder should the cure not be made. (Principles of Right of Way, International Right of Way Association, Chapter 10, page 7) APPRAISAL REPORT 10
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Damage to the Remainder
Damage to the remainder is the damage, if any, caused to the remainder by either or both of the following:
(a) The severance of the remainder from the part taken. (b) The construction and use of the project for which the property is taken in the manner proposed by the plaintiff whether or not the damage is caused by a portion of the project located on the part taken.” (Code of Civil Procedure, State of California, Section 1263.420)
Easement
The right to use another’s land for a stated purpose. (The Dictionary of Real Estate Appraisal, , 7th Edition, Chicago: Appraisal Institute, 2022, page 58) Damages
In condemnation, the loss in value to the remainder in a partial taking of property.
Generally, the difference between the value of the whole property before the taking and the value of the remainder after the taking is the measure of the value of the part taken and the damages to the remainder. Note that different regions of the country and different courts may use terms such as consequential damages and severance damages differently. (The Dictionary of Real Estate Appraisal 7th Edition, Chicago: Appraisal Institute, 2022, page 48)
Fee Simple Estate
Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat. (The Dictionary of Real Estate Appraisal, 7th Edition, Chicago: Appraisal Institute, 2022, page 73)
Just Compensation
Article I, Section 19 of the California Constitution states that “private property may be taken or damaged for public use only when just compensation, ascertained by a jury unless waived, has first been paid to, or into court for, the owner.” Compensation shall be awarded for the property taken. The measure of this compensation is the fair market value of the property taken. (Code of Civil Procedure, State of California, Section 1263.310).
(a) Where the property acquired is part of a larger parcel, in addition to the compensation awarded for the part taken, compensation shall be awarded for the injury, if any, to the remainder.
(b) Compensation for injury to the remainder is the amount of the damage to the remainder reduced by the amount of the benefit to the remainder. If the amount of the benefit to the remainder equals or exceeds the amount of the damage to the remainder, such excess shall not be deducted from the compensation required to be awarded for the property taken. (Code of Civil Procedure, State of California, Section 1263.410).
APPRAISAL REPORT 11
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Larger Parcel
In governmental land acquisitions and in valuation of charitable donations of partial interests in property such as easements, the tract or tracts of land that are under beneficial control of a single individual or entity and have the same, or an integrated, highest and best use. Elements for consideration by the appraiser in making a determination in this regard are contiguity, or proximity, as it bears on the highest and best use of the property, unity of ownership, and unity of highest and best use.
In most states, unity of ownership, contiguity, and unity of use are the three conditions that establish the larger parcel for the consideration of severance damages.
In federal and some state cases, however, contiguity is sometimes subordinated to unitary use. (The Dictionary of Real Estate Appraisal, 7th Edition, Chicago: Appraisal Institute, 2022, page 105)
Leased Fee Estate
The ownership interest held by the lessor, which includes the right to receive the contract rent specified in the lease plus the reversionary right when the lease expires. (The Dictionary of Real Estate Appraisal, 7th Edition, Chicago: Appraisal Institute, 2022, page 115) Leasehold Estate
The right held by the lessee to use and occupy real estate for a stated term and under the conditions specified in the lease. (The Dictionary of Real Estate Appraisal, 7th Edition, Chicago: Appraisal Institute, 2022, page 115)
Partial Taking
The taking of any part of a property for public use under the power of eminent domain; requires the payment of compensation. (The Dictionary of Real Estate Appraisal, 7th Edition, Chicago: Appraisal Institute, 2022, page 140) Personal Inspection
A physical observation performed to assist in identifying relevant property characteristics in a valuation service. (comment) An appraiser’s inspection is typically limited to those things readily observable without the use of special testing or equipment. Appraisals of some types of property, such as gems and jewelry, may require the use of specialized equipment. An inspection by an appraiser is not the equivalent of an inspection by an inspection professional (e.g., a structural engineer, home inspector, or art conservator). (USPAP, Appraisal Foundation, 2020-22 Edition, pg. 5).
Personal Property
Any tangible or intangible article that is subject to ownership and not classified as real property, including identifiable objects that are considered by the general public as being “personal” such as furnishings, artwork antiques, gems and jewelry, collectibles, machinery and equipment; and intangible property that is created and stored electronically such as plans for installation art, choreography, emails, or designs for digital tokens. (USPAP, Appraisal Foundation, 2020-22 Edition, pg. 5).
APPRAISAL REPORT 12
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Real Estate and Real Property
Real estate is an identified parcel or tract of land, including improvements, if any.
Real property is the interests, benefits, and rights inherent in the ownership of real estate. (USPAP, Appraisal Foundation, 2020-2022Edition, pg. 5).
Report
Any communication, written or oral, of an appraisal or appraisal review that is transmitted to the client or party authorized by the client upon completion of an assignment. (USPAP, Appraisal Foundation, 2020-22 Edition, pg. 5).
An appraisal report is further known as a written statement independently and impartially prepared by a qualified appraiser setting forth an opinion as to the market value of an adequately described property as of a specific date, supported by the presentation and analysis of relevant market information. (OCC: 12 CFR Part 34, subpart C; FRB: 12 CFR 208.18 and 12 CFR 225, subpart G; FDIC: 12 CFR 323; OTS: 12 CFR Part 564; NCUA:
12 CFR 722).
Temporary Easement
An easement granted for a specific purpose and applicable for a specific time period.
A construction easement, for example, is terminated after the construction of the improvement and the unencumbered fee interest in the land reverts to the owner. (The Dictionary of Real Estate Appraisal, 7th Edition, Chicago: Appraisal Institute, 2022, pages 189-190) This appraisal is prepared in compliance with the requirements of the Uniform Standards of Professional Appraisal Practice (USPAP).
Date of Inspection: September 25, 2023
Date of Value: September 25, 2023
Date of Report: September 27, 2023
An extraordinary assumption is “an assignment-specific assumption as of the effective date regarding uncertain information used in an analysis which, if found to be false, could alter the appraiser’s opinions or conclusions” (Uniform Standards of Professional Appraisal Practice, 2020-22 Edition, Appraisal Standards Board of the Appraisal Foundation, 2022, page 4)
Uncertain information might include physical, legal, or economic characteristics of the subject property; or conditions external to the property, such as market conditions or trends; or the integrity of data used in an analysis. An extraordinary assumption may be used in an assignment only if:
APPRAISAL REPORT 13
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It is required to properly develop credible opinions and conclusions; The appraiser has a reasonable basis for the extraordinary assumption; Use of the extraordinary assumption results in a credible analysis; and The appraiser complies with the disclosure requirements set forth in USPAP for extraordinary assumptions.
The following extraordinary assumptions were necessary in the assignment:
1) The definition of fair market value that applies to this appraisal indicates that the subject property is to be valued as though there is not any increase or decrease in value that is attributable to: (a) the project for which the property is taken; (b) the eminent domain proceeding in which the property is taken; or (c) any preliminary actions of the plaintiff relating to the taking of the property. (California Code of Civil Procedure, Section 1263.330). Therefore, this appraisal is based on the extraordinary assumption that none of these factors is influencing the value of the subject property.
A hypothetical condition is “a condition, directly related to a specific assignment, which is contrary to what is known by the appraiser to exist on the effective date of the assignment results, but is used for the purpose of analysis.” (Uniform Standards of Professional Appraisal Practice, 2020-2022 Edition, Appraisal Standards Board of the Appraisal Foundation, 2022, page 4)
Hypothetical conditions are contrary to known facts about physical, legal, or economic characteristics of the subject property; or about conditions external to the property, such as market conditions or trends; or about the integrity of data used in an analysis.
A hypothetical condition may be used in an assignment only if:
Use of the hypothetical condition is clearly required for legal purposes, for purposes of reasonable analysis, or for purposes of comparison; Use of the hypothetical condition results in a credible analysis; and The appraiser complies with the disclosure requirements set forth in USPAP for hypothetical conditions.
The following hypothetical conditions were necessary in the assignment:
1) The valuation of the subject remainder property in its after condition is based on the hypothetical condition that the part being taken has been severed from the larger parcel and the project has been constructed and is in use in the manner proposed as of the effective date of value for this appraisal.
APPRAISAL REPORT 14
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This appraisal report has been made with the following general assumptions:
No responsibility is assumed for the legal description provided or for matters pertaining to legal or title considerations. Title to the property is assumed to be good and marketable unless otherwise stated.
The property is appraised free and clear of any or all liens or encumbrances unless otherwise stated.
Responsible ownership and competent property management are assumed. The information furnished by others is believed to be reliable, but no warranty is given for its accuracy.
All engineering studies are assumed to be correct. The plot plans and illustrative material in this report are included only to help the reader visualize the property. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures that render it more or less valuable. No responsibility is assumed for such conditions or for obtaining the engineering studies that may be required to discover them.
It is assumed that the property is in full compliance with all applicable federal, state and local environmental regulations and laws unless the lack of compliance is stated, described, and considered in the appraisal report. It is assumed that the property conforms to all applicable zoning and use regulations and restrictions unless a non-conformity has been identified, described and considered in the appraisal.
It is assumed that all required licenses, certificates of occupancy, consents and other legislative or administrative authority from any local, state or national government or private entity or organization have been or can be obtained or renewed for any use on which the opinion of value contained in this report is based. It is assumed that the use of the land and improvements is confined within the boundaries or property lines of the property described and that there is no encroachment or trespass unless noted in this report.
Unless otherwise stated in this report, the existence of hazardous materials, which may or may not be present on the property, was not observed by the appraiser.
The appraiser has no knowledge of the existence of such materials on or in the property. The appraiser, however, is not qualified to detect such substances. The presence of substances such as asbestos, urea-formaldehyde foam insulation and APPRAISAL REPORT 15
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other potentially hazardous materials may affect the value of the property. The value estimated is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibility is assumed for such conditions or for any expertise or engineering knowledge required to discover them. The intended user is urged to retain an expert in this field, if desired.
A legal description was furnished, however, a survey was not, so the appraiser used the county tax plat to ascertain the physical dimensions and acreage of the property. Should a survey prove this information to be inaccurate, it may be necessary for this appraisal to be adjusted.
The forecasts, projections, or operating estimates contained herein are based on current market conditions, anticipated short-term supply and demand factors, and a continued stable economy. These forecasts are, therefore, subject to changes with future conditions.
This report has been made with the following general limiting conditions:
Possession of this report, or a copy thereof, does not carry with it the right of publication.
The appraiser, by reason of this appraisal, is not required to give further consultation or testimony or to be in attendance in court with reference to the property in question unless arrangements have been previously made. The fee for this appraisal does not include payment for pretrial conferences or the taking of expert testimony at depositions or at trial.
Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of the appraiser, or the firm with which the appraiser is connected or any reference to the Appraisal Institute, or to the MAI or SRA designations.) shall be disseminated to the public through advertising, public relations, news, sales, or other media without the prior written consent and approval of the appraiser.
This report and all information contained herein was prepared for the sole and exclusive benefit of the client, as specified herein, and is intended for his use only.
No one except the client specified herein may rely on this report for any purpose.
Any person or entity who obtained or reads this report, or a copy thereof, other than the client specified herein, expressly assumes all risk of damages to himself or third persons arising out of reliance thereon or use thereof and waives the right to bring any action based on the appraisal, directly or indirectly, and the appraiser shall have no liability to any such person or entity.
The appraisal assignment was not based on a requested minimum valuation, a specific valuation, or the approval of a loan.
APPRAISAL REPORT 16
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Use of or reliance on this appraisal or appraisal report, regardless of whether such use or reliance is known or authorized by the appraiser, constitutes acknowledgement and acceptance of these general assumptions and limiting conditions, any extraordinary assumptions or hypothetical conditions, and any other terms and conditions stated in this report.
The scope of work for this appraisal assignment is defined in five steps that generally follow the method used by analysts in various fields to solve a variety of problems. 1) Define the problem.
2) Determine the nature of the property to be appraised. 3) Collect the data needed to perform a credible appraisal. 4) Analyze the data collected.
5) Reach a conclusion of value.
Define the Problem
The client in this appraisal has requested the following value conclusions for the subject property, to be presented in a narrative Appraisal Report. As-is value of the fee simple interest of the take area for the purposes of just compensation.
Determine the Nature of the Property to be Appraised
The subject property was improved land on the date of inspection. The portion of the site affected by the proposed acquisition was inspected by Kelly P. Stevens, SRA on September 25, 2023.
The appraisal problem did not warrant an intensive highest and best use study. Given the nature of the subject real estate, our conclusion of highest and best use was based on logic and observed evidence.
Collect the Data Needed to Perform a Credible Appraisal In addition to the information on the subject property obtained through the inspection process, additional information was obtained from various Madera County agencies, including the assessor, recorder and tax collector. Information was also obtained from the City of Madera development department (zoning and general plan information). Other governmental sources consulted include FEMA (flood zone data), the U.S. Census Bureau (census tract data), and the State of California (demographic data and information related to Fault Rupture Hazard (Alquist Priolo Special Studies) Zones.
APPRAISAL REPORT 17
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The title report prepared by Orange Coast Title Company on September 1, 2022 was relied upon for information regarding easements, covenants, restrictions, and/or other encumbrances. We did not research the presence of such items independently.
The property was leased at the time of sale, however, copies of the lease(s) were not provided or analyzed by the appraisers. The dwellings are not affected by the proposed acquisition area. The appraisers have developed an opinion of value regarding the fee simple interest in the proposed acquisition area.
In order to produce a credible appraisal, it was determined that only the sales comparison approach was necessary. As such, only this one approach was used to opine the value of the subject property. The cost approach was developed in order to determine an estimate of the site improvements located within the proposed acquisition area. The income approach was not included because properties that compete with the subject property are rarely purchased for annual income streams.
As such, there is little market data to develop the income approach in a manner in which it would yield credible assignment results.
Comparable market data were researched using one or more public data subscription services, including DataTree, Costar, Loopnet, and one or more multiple listing services. Also consulted were commercial real estate brokers and salespersons active in the market in which the subject is located. Where possible, comparable data was verified by persons with knowledge of the data in question – typically the buyer, seller or broker involved in the transaction.
Analyze the Data Collected
The sales comparison approach required the assemblage of land sales for comparison.
Comparables were selected based on physical and locational characteristics. After selecting the sales, a comparative analysis of relevant factors that influence value was undertaken to adjust them to the subject property based upon the actions and preferences demonstrated by the participants in the marketplace.
In developing a value indication for the site improvements by the cost approach, the replacement cost method was used. The replacement costs for the improvements were estimated via the cost-estimating service technique using the Marshall Valuation Service, adjusted for local costs. The appraisers also estimated costs based on their experience on other right-of-way jobs and bids from local contractors or professionals.
Reach a Conclusion of Value
Once the value indications by appropriate approaches were derived, they were reconciled into a final indication of value. The quantity and quality of the data available under each approach was considered, along with the advantages and/or the disadvantages of each, and the relevance of each to the subject property and the appraisal problem. Based upon this analysis, the final value conclusion was reached.
APPRAISAL REPORT 18
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Official Records of Madera County show title to the subject to be vested in the name of Francisco Holguin and Antonia Holguin.
The subject property has not sold in the prior 5 years.
The subject property has not been listed on the Fresno Multiple Listing Service in the prior 5 years. The appraiser is unaware of any options or escrows.
The land referred to in this report is situated in the City of Madera, County of Madera, State of California and is described as follows:
All that portion of the NE ¼ of Section 12, Township 11 South, Range 17 East, M.C.B & M., according to the official plat thereof, bounded and described as follows:
Beginning at a point which bears South 0°03’ East 1941.45 feet and North 89°42’ West 39 feet from the Northeast corner of said Section 12; thence South 0°03’ East 702.45 feet, thence North 89°42’ West 478.42 feet; thence North 0°03 ½ West 702.2 feet; thence South 89°42’ East 478.42 feet, more or less, to the point of beginning.
Excepting therefrom the West 10 feet of the East 40 feet of the above described property as conveyed to the County of Madera in Deed dated December 13, 1967 and recorded January 18, 1968 in Book 1002, at Page 85, Madera County Records and Deed dated January 12, 1968 and recorded January 25, 1968 in Book 1002, Page 457 of Official Records.
Assessor’s Parcel Number(s): 038-030-028
A legal description of the taking is located in the addenda of this report along with a map of the proposed take area.
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For the purpose of taxation, the property under appraisal has been assessed as follows:
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City of Madera
The City of Madera was incorporated in 1906 and is located 240 miles north of Los Angeles and 166 miles southeast of San Francisco. It is 22 miles north of Fresno on State Highway 99.
In January 1, 2023, the City’s population was 65,540. Historical population figures are shown in the following chart:
POPULATION STATISTICS
City of Madera
Study Date Population Increase
April 1, 1970* . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16,044 ------- April 1, 1980* . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21,732 35.45% April 1, 1990* . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28,800 32.52% April 1, 2000* . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43,205 50.02% April 1, 2010* . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61,416 42.15% January 1, 2011** . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61,616 0.33% January 1, 2012** . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62,377 1.24% January 1, 2013** . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62,809 0.69% January 1, 2014** . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62,853 0.07% January 1, 2015** . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64,067 1.93% January 1, 2016** . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64,418 0.55% January 1, 2017** . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64,944 0.82% January 1, 2018** . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65,671 1.12% January 1, 2019** . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66,419 1.14% January 1, 2020** . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65,666 -1.13% January 1, 2021** . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66,299 0.96% January 1, 2022** . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65,582 -1.08% January 1, 2023** . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65,540 -0.06% *Source: United States Census
**Source: State of California, Department of Finance
Transportation facilities available to the City of Madera include rail, truck, air, bus, water and highway transportation. Rail service is provided by the Union Pacific Railroad and Amtrak, while truck service is furnished by 100 common carriers and ten general haulers. Overnight delivery is available to Los Angeles, Sacramento, San Diego and San Francisco. A local municipal airport allows for private air traffic, while commercial and freight transportation is available from the Fresno Air Terminal, located 29 miles to the south. Water transportation is available at the Port of Stockton approximately 99 miles to the north. Highways within the vicinity of Madera include State Freeway 99 and State Route 145. Interstate 5 is 53 miles to the west via State Route 152.
Water is supplied to the residents by the City of Madera. There is a maximum pumping capacity of 35.48 million gallons per day and average consumption is at
9.045 million gallons per day. Sewer service is also provided by the City of Madera.
Natural gas is supplied to the area by the Pacific Gas and Electric Company and electric power is from the same source. AT&T and Comcast supply the telephone service.
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The major manufacturing and non-manufacturing employers in the City are:
Employer Industry
Ardagh Group Glass Containers (Mfrs)
Baltimore Aircoil Refrigeration Equipment-Truck (Mfrs)
Cherokee Freight Lines. Trucking-Motor Freight
EVAPCO Inc. Evaporative Coolers Mfg. & Wholesale
Georgia Pacific Corp Madera Paper-Manufacturers
Home Depot Home Centers
Lamanuzzi & Pantaleo Cold Storage Fruits & Vegetables-Growers/Shippers Lion Brothers Farm-Newstone Farming Service
Lowes Home Improvement Wrhse-Mdr Home Centers
Madera City Hall Government Office-City
Madera Community Hospital Hospitals
Madera County Mental Health Government Offices-County
Madera High School Schools
Madera Rehab Ctr Senior Citizens Service
Madera South High School Schools
Millview School Schools
San Joaquin Wine Co. Wineries
Span Construction Contractors-Equip/Supls-Dlrs/S (Whls) Valley Children’s Hospital Hospitals
Walmart Department Stores
Warnock Food Products Food Products & Manufacturers
Source: California Employment Development Department
Community facilities available to the residents of the City of Madera include 75 physicians and surgeons, 25 dentists, 6 optometrists, 14 chiropractors, 2 convalescent hospitals with 240 beds, 1 health center, 1 outpatient surgery center and 1 ambulance service. The Madera Community Hospital closed in January of 2023, however, there are efforts to reopen the facility. Valley Children's Hospital moved entirely from Fresno to Madera in 1998. Cultural and recreational facilities available include 56 churches, 1 library, 2 newspapers, 2 radio stations, 8 television channels received direct, 1 TV cable system, 6 banks, 9 parks, and 6 theater screens. Other recreational facilities include bowling alleys, tennis courts, an auto racetrack, golf course, 3 nearby lakes, Yosemite National Park, a community theater, art association, and the annual fair and rodeo.
Educational facilities include 13 kindergartens through sixth grade schools, 3 kindergartens through eighth grade schools, 3 middle schools, 1 high school (with 2 campuses), 4 parochial schools and 2 alternative education schools. There is a community college campus located on the north side of Avenue 12, just east of Highway 99. The nearest 4-year college is California State University-Fresno.
Housing starts have been tracked using building permit statistics that were obtained from the Housing and Urban Development (HUD) database. As shown, new residential construction peaked in 2005, and has dropped off significantly since then.
Vicinity
The subject property is located in a suburban neighborhood north of the City of Madera. This neighborhood is predominately developed with residential ranchettes APPRAISAL REPORT 22
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on parcels predominately ranging in size from 1 to 10 acres. Larger parcels are typically utilized for agricultural production. Permanent plantings range from almonds, vineyards, olives or pistachios. Madera Acres, is a suburban neighborhood to the northwest. This neighborhood is developed with predominately ranch designed homes on parcels ranging in size from a quarter-acre to one acre.
New construction in this neighborhood is predominately private owner builds or speculative homes by local investors. Growth is classified a slow.
The Matilda Torres High School, Jack G. Desmond Middle School and the Nishimoto Elementary School are located on the south side of Martin Street between D Street and Road 26. The John J. Pershing Elementary School is located on the north side of Ellis Street, west of Chapin Street.
The Burlington North Railroad is located on the east side of the neighborhood. North and east of this rail line land uses are predominately agricultural with permanent plantings giving way to grazing.
Lake Street, D Street and Road 26 are two-lane roads in the neighborhood that provide access to the northern portion of the City of Madera.
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The subject property belongs to the residential segment of the real estate market. The appraiser has utilized the Fresno Multiple Listing Service to research market conditions in the Madera Marketing area.
Existing Homes
Existing home sales data was tracked using data obtained from the Fresno Association of Realtors and their Multiple Listing Service for the City of Madera.
Existing homes in the 93637 and 93638 zip codes were researched. A summary of that data is presented in the table below.
The median sales price has been increasing over the past five years. This increase is typical of other central valley cities. It is also one of the factors that makes new home construction feasible.
Brokers indicate low inventory of available housing in the existing home market. This factor has contributed to strong demand from home buyers, resulting in upward Madera City # of Sales Median Sales Price
Q1 2017 144 $200,000
Q2 2017 138 $215,000
Q3 2017 140 $217,475
Q4 2017 118 $222,750
Q1 2018 109 $220,000
Q2 2018 189 $237,900
Q3 2018 145 $240,000
Q4 2018 149 $249,900
Q1 2019 144 $238,500
Q2 2019 172 $248,225
Q3 2019 138 $237,450
Q4 2019 145 $245,000
Q1 2020 103 $249,000
Q2 2020 138 $254,500
Q3 2020 172 $273,950
Q4 2020 143 $285,000
Q1 2021 111 $300,000
Q2 2021 118 $283,500
Q3 2021 112 $317,500
Q4 2021 118 $313,250
Q1 2022 100 $348,750
Q2 2022 118 $341,500
Q3 2022 123 $381,500
Q4 2022 79 $362,000
Q1 2023 77 $334,950
Q2 2023 109 $390,000
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pressure on home prices. The market has started to see a slow down within the past year due to the increase of interest rates in the 30-year mortgage market.
New Subdivisions
There are several subdivisions currently marketing in the City of Madera.
Development has been occurring within the past several years by national, regional and local builders. According to market participants there is limited potential subdivision land available within the City. This has been increasing the potential subdivision land prices in the past few years. Additionally, land that has been mapped for a tentative subdivision is desirable to developers as there are number of low income/subsidized programs available to help with building/selling of the homes. This type of property that is currently listed has a lot of interest with pending or signed letters of intent.
The most proximate new subdivision is located at the southwest corner of Ellis Street and D Street. This is a 61-lot subdivision with five floor plans. The floor plans range from 1,523 square feet to 2,222 square feet. Base prices range from $379,990 to $471,580.
Housing Starts
Housing starts have been tracked using building permit statistics The following table was compiled with information from the Housing and Urban Development (HUD) SOCDS Building Permits Database.
SFR
Year Units
2010 53
2011 50
2012 68
2013 144
2014 156
2015 145
2016 185
2017 133
2018 178
2019 171
2020 126
2021 260
2022 203
City of Madera
New Units Added
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The City of Madera is expanding water storage in northeast Madera. The subject parcel is one of several locations being considered for water storage tank placement.
The city proposes to acquire a 2.89-acre portion of the parcel for water tank storage.
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General Location: The west side of North Lake Street, approximately 755 feet north of Ellis Street.
Property Address: 16564 North Lake Street
Madera, CA 93638
Surrounding Land
Uses: North: Rural Residential
South: Rural Residential
East: Rural Residential
West: Rural Residential
Assessor's Parcel No.: 038-030-028
Madera County
Census Tract No.: Census Tract No. 5.07, as delineated in the 2020 Federal Census.
GPS Coordinates: Latitude 36.98999; Longitude -120.05714.
Size and Shape: The site is Rectangular in shape and contains approximately 328,442 square feet, or 7.54 acres.
Ingress and Egress: Access to the site is available from Lake Street.
Offsite Improvements: Asphalt Paved Street. This offsite improvement is publicly maintained.
Utilities: Municipal utilities available to the property include:
Electricity: Pacific Gas & Electric Company
Gas: Pacific Gas & Electric Company
Telephone: AT&T
Water: Private Well
Sewer: Private Septic System
Solid Waste: Various Providers
Police: Madera Sheriff’s Department
Fire: Madera County Fire Department
Topography, Drainage
and Soils: The property has a generally rough level topography at street grade. There are two mounds of dirt in the
northern portion of the proposed acquisition area. These mounds are minor in nature and do not adversely affect
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the market value or marketability of the property. No
soils report was furnished. Accordingly, the load bearing capabilities of the soil could not be verified, but are assumed to be adequate. Drainage is also assumed to be
adequate.
Easements or
Encroachments: A title report prepared by Orange Coast Title Company on September 20, 2022 was provided to the appraiser. A
review of this document revealed no easements or
encroachments detrimental to the value of the subject
property.
Zoning: The subject property is zoned AR-5, an agricultural district, as regulated by the City of Madera This district is intended to provide for all types of agricultural uses on a smaller scale. Minimum parcel size is four and one-half acres and traditionally allows for a single-family dwelling and agricultural uses.
Among the permitted uses are: accessory dwelling unit
(subject to parcel size requirements and development
standards); agricultural uses; guest house; one single
family dwelling (permanent structure or manufactured
home); residential care facility, small and roadside
stands. The subject property, as currently used,
conforms to the AR-5 zoning designation.
General Plan: Madera General Plan, as regulated by City of Madera.
Planned Use: Low Density Residential
Flood Zone: The subject property is situated in Flood Zone X (Unshaded). This is an area of minimal flood hazard,
usually depicted on FIRMs as above the 500-year flood
level.
This information was obtained from the Federal
Emergency Management Agency's Flood Insurance Rate
Map, Community Panel No. 06039C1160E, with an
effective date of September 26, 2008.
Seismic Zone: Seismic zones have been delineated by two entities -- the International Seismic Organization and the
Alquist-Priolo Special Studies Zones Act. According to
International Seismic Organization Earthquake Zone
Maps dated 1981, the subject property is located within APPRAISAL REPORT 28
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Seismic Zone 3, delineated as an area of Moderate
Damage.
The Alquist-Priolo Special Studies Zone Act is designed to mitigate the hazard of earthquake fault rupture by
regulating and prohibiting the development of most
structures for human occupancy near active fault lines.
Cities and counties affected by Special Studies Zones
must regulate certain development projects within the
zones, and must withhold development permits until
geologic investigations reveal that sites are not
threatened by surface displacement due to earthquake
faults. According to the 1997 revision of Special
Publication 42 "Fault-Rupture Hazard Zones in
California", the subject property is not within a Special Studies Zone. Therefore, no restrictions are placed on the property regarding this act.
Wetlands: There are no wetlands considerations affecting the subject property.
Hazardous Waste: Unless otherwise stated in this report, the existence of hazardous material, which may or may not be present on
the property, was not observed by the appraiser. The
appraiser has no knowledge of the existence of such
materials on or in the property. The appraiser, however, is not qualified to detect such substances. The presence of substances such as asbestos, urea–formaldehyde foam
insulation, or other potentially hazardous materials may affect the value of the property. The value estimate is predicated on the assumption that there is no such
material on or in the property that would cause a loss in value. No responsibility is assumed for any such
conditions, or for any expertise or engineering knowledge required to discover them. The client is urged to retain an expert in this field, if desired.
Building Improvements: The subject contains a masonry constructed single family residence and a mobile home. These structures were not
inspected, and neither are located in or affected by the proposed acquisition.
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The proposed acquisition area is a 468.42 feet by 269 feet rectangular shaped parcel located in the southern portion of the subject parcel. This equates to a parcel containing 126,004.98 square feet or 2.89 acres. This take area extends the width of the parcel.
Included in the proposed take area is metal post and wire fencing with 5-strand barb wire. There is 269 linear feet on the west side of the parcel, 269 linear feet on the east side of the parcel and 468 linear feet on the south side of the parcel. Thus, the total amount of post and wire fencing located in the proposed take area is 1,006 linear feet.
The remainder will contain a total of 202,437.02 square feet or 4.64 acres and will have a rectangular shape. The remainder is still accessible from Lake Street.
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In the valuation of the subject property, consideration has been given to its highest and best use. Highest and best use may be defined as:
Highest and Best Use
The reasonably probable use of property that results in the highest value. The four criteria that the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum productivity. (The Dictionary of Real Estate Appraisal, 7th Edition, Chicago: Appraisal Institute, 2022, page 88) Highest and Best Use of Land or Site as Though Vacant
It is important to note that highest and best use is not determined through subjective analysis by the property owner, the developer, or the appraiser. It is shaped by the competitive forces of the market in which it is located. The four criteria of legal permissibility, physical possibility, financial feasibility, and maximal productivity are always considered in that order, for it makes no difference that a property is maximally productive or even financially feasible for a given use if it is legally prohibitive or physically impossible to develop the property to that use. Legal Permissibility: The subject property is zoned AR-5, an agricultural zoning. It allows for agricultural uses. It also allows for one single family dwelling and an accessory dwelling unit. The property is outside of the City of Madera but within its sphere of influence. It currently has a planned land use designation for low density residential. Low density residential allows for 2.1 to 7 units per acre with a Target Density of 5.25 units per acre. There are no known private restrictions. Any of the legally permissible uses under the zoning ordinance would be allowed.
Physical Possibility: The subject parcel is a rectangular shaped parcel containing 7.54 acres or 328,442 square feet. It has approximately 701 feet of frontage to Lake Street. Electricity and gas are available to the parcel from Pacific Gas and Electricity. There is a private domestic well on the property and each dwelling has its own private septic system. There are no off-site improvements such as curb, gutter or sidewalk. The property is accessed from a paved road. It is not located in a federally identified flood hazard, nor is it located in an Alquist Priolo special studies zone. There are no known environmental restrictions such as wetlands. Any of the legally permissible uses would be physically possible. Financial Feasibility: The residential segment of the real estate market has been performing well over the past several years. Investors and local builders have been purchasing vacant rural residential homesites to develop speculative homes to sell. New subdivisions are noted primarily within the city at the fringes.
Demand for new housing is still strong and demand for suitable tract home development is still strong. The subject property is not located in the city and there are numerous vacant parcels in the area that are likely to be developed APPRAISAL REPORT 31
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before the subject. The appraisers believe that development of the larger parcel to low density residential is likely feasible in the future. Maximum Productivity: The appraisers believe that development of the subject property is likely maximally productive in the future.
Conclusion of Highest and Best Use As Though Vacant: The highest and best use of the property in its currently vacant condition would be to hold for development to low density residential.
Highest and Best Use as Currently Improved
The analysis of highest and best use as improved considers what should be done with the existing improvements. Generally, there are three possible courses of action; 1) demolish the existing improvements to allow for development under the highest and best use as if vacant; 2) renovate the current improvements to produce a greater return, or 3) leave the improvements as is.
With respect to demolition, the improvements would only be removed if the value of the land as if vacant is greater than or equal to the value of the land as improved. As supported in the Valuation section of this report, the property as improved is greater than the value of the property as if vacant. Thus, the improvements should not be demolished.
Regarding renovating the current improvements to produce a greater return, the current marketplace would not support any major renovation, as the cost of such renovation would be greater than the increment of value gained upon completion.
Since the property should not be demolished, nor is renovation financially feasible, the highest and best use as improved is as currently developed.
With regards to the subject property in the after condition, the highest and best use of the property as if vacant and the property as improved are the same as before the taking.
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The just compensation estimated in this appraisal was opined using the State Rule.
There are nine procedural steps in the application of this rule:
1) Value before taking $_________
2) Value of part taken (as part of whole) - _________
3) Remainder value before taking = $_________
4) Remainder value after taking - _________
5) Damages to remainder = $_________
6) Benefits to remainder - _________
7) Net damage to remainder = $_________
8) Value of part taken (as part of whole) + _________
9) Total difference (just compensation) = $_________
The results of the computations made in Step 5 (damages) and Step 7 (net damages) cannot be less than zero. It should be noted that Steps 3, 5, 7 and 9 are not estimates of value; they are merely intermediate mathematical calculations.
Step 1 is the property value with no consideration given to the proposed taking. In Step 2, the contributory value of the property within the taking is estimated.
Step 4 estimates the value of the remainder property considering damages and special benefits to the remainder by reason of the taking and construction of the public improvement. Step 6 is an estimate of the benefits accruing to the remainder property due to the taking and construction of the public improvement.
Step 8 is merely a carry-down; a repetition of the estimate made in Step 2.
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The value before the taking was valued using the sales comparison approach. In valuing the property by this approach, the appraiser develops an opinion of value by analyzing closed sales, listings or pending sales of vacant properties that are similar to the subject property as to its site characteristics. A major premise of this approach is that an opinion of fair market value can be supported by studying the market’s reaction to comparable and competitive properties.
Procedure
To apply the sales comparison approach, appraisers follow a systematic procedure, as follows:
1) Research the competitive market for information on properties that are similar to the subject property and that have recently sold, are listed for sale, or are under contract. Information on agreements of sale, options, listings, and bona fide offers may also be collected. The characteristics of the properties such as property type, date of sale, size, physical condition, location and land use constraints should be considered. The goal is to find a set of comparable sales or other evidence such as property listings or contracts as similar as possible to the subject property to ensure they reflect the actions of similar buyers.
Market analysis and highest and best use analysis set the stage for the selection of appropriate comparable sales.
2) Verify the information by confirming that the data obtained is factually accurate and that the transactions reflect arm’s length market considerations.
Verification should elicit additional information about the property such as buyer motivation, economic characteristics (if the property is incomeproducing), value component allocations, and other significant factors as well as information about the market to ensure that comparisons are credible. 3) Select the most relevant units of comparison used by participants in the market (e.g., price per acre, price per square foot, price per front foot, price per dwelling unit) and develop a comparative analysis for each unit. The appraiser’s goal is to define and identify a unit of comparison that explains market behavior.
4) Look for differences between the comparable sale properties and the subject property using all appropriate elements of comparison. Then adjust the price of each sale property, reflecting how it differs, to equate it to the subject property or eliminate that property as a comparable. This step typically involves using the most similar sale properties and then adjusting for any remaining differences. If a transaction does not reflect the actions of a buyer who would also be attracted to the subject property, the appraiser should be concerned about comparability.
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5) Reconcile the various value indications produced from the analysis of comparables into a single value conclusion. A value opinion can be expressed as a single point estimate, as a range of values, or in terms of a relationship (e.g., more or less than a given amount).
Source: The Appraisal of Real Estate, 14th Edition, Chicago: Appraisal Institute, 2013, pages 381-381
Definitions
In order to properly understand this approach, it is necessary to define some of the terminology that will be used.
Sales Comparison Approach
The process of deriving a value indication for the subject property by comparing sales of similar properties to the property being appraised, identifying the appropriate units of comparison, and making adjustments to the sale prices (or unit prices, as appropriate) of the comparable properties based on relevant, market-derived elements of comparison. The sales comparison approach may be used to value improved properties, vacant land, or land being considered as though vacant when an adequate supply of comparable sales is available. (The Dictionary of Real Estate Appraisal, 7th Edition, Chicago: Appraisal Institute, 2022, page 170) Qualitative Adjustment
An indication that one property is superior, inferior, or the same as another property. Note that the common usage of the term is a misnomer in that an adjustment to the sale price of a comparable property is not made. Rather, the indication of a property’s superiority or inferiority to another is used in relative comparison analysis, bracketing, and other forms of qualitative analysis. (The Dictionary of Real Estate Appraisal, 7th Edition, Chicago: Appraisal Institute, 2022, page 152) Quantitative Adjustment
In the application of the sales comparison and income capitalization approaches, a numerical (dollar or percentage) adjustment to the sales price, rent, or expense amount of a comparable property to account for the effect on value of a difference between each comparable property and the subject property. (The Dictionary of Real Estate Appraisal, 7th Edition, Chicago: Appraisal Institute, 2022, page 152) Comparable Market Data
The comparable market data used in this approach to value are summarized in Schedule 1, and are described in the following paragraphs:
Sale 1 is located at 26166 Eddy Way, east of Road 26 and north of Avenue 17. This rectangular 5-acre parcel sold in February 2022 for $435,000. This parcel is accessed from a paved road. The parcel has a 1980’s built metal shop. The shop is 3,000 square APPRAISAL REPORT 35
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Comparable Sales Analysis – Land Sales
Sale Location Deed Sales Size Price/ Price/ Planned Offsite Rec. Date SellerNo. APN Date Price (Acres) Acre Sq.Ft. Zoning Land Use Utilities Imp. Access Doc. No. Buyer Ref. No.1 26166 Eddy Way 2/15/22 $375,000 4.59 $81,717 $1.88 AR-5 LDR Electricty None Paved 3/10/22 Todd & Carol Reardon RPA1-7612 036-140-025 (adjusted) Well/Septic 22-006768 Arturo Wilfrido Cristobal Torres 2 16227 N D Street 12/3/21 $390,000 5.00 $78,000 $1.79 RRS LDR Electricity None Paved 12/7/21 Robert L. Pythress, etal. RPA1-7610 038-090-010 Water/Sewer 21-037865 Nadeem Ahmad
3 16735 N D Street 7/20/23 $600,000 10.48 $57,252 $1.31 AR-5 LDR Electricity None Paved 8/2/23 Elise Thompson Snyder Baach, Etal RPA1-7724 038-020-012 23-014638 Ly Nguyen & Minh Thai
4 17375 Road 27 7/29/22 $250,000 2.98 $83,893 $1.93 AR-5 LDR Electricity None Dirt 8/16/22 Salvador & Beatriz Garcia RPA1-7725 037-010-016 22-021355 Luis Gerardo Reyes Lopez & Sarahi Reyes Schedule 1
C
O
MPA
R
A
BLE SALES ANALYSIS
RESIDENTIAL LAND SALES M
A
DER
A
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Comparable Sales Map – Land Sales
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feet and contains a restroom and kitchenette, both are in fair condition. The appraiser estimates the contributory value of the shop at $60,000. Subtracting the contributory value of the shop from the contract price of $435,000, leaves a sales price of $375,000, attributable to the land. This equates to a sales price of $81,717 per acre or $1.88 per square foot. The parcel has perimeter post and wire fencing and several fenced pastures. it is zoned AR-5 and planned land use for low density residential. The property had electricity and gas from Pacific Gas and Electric. It had a private septic system and private well. The broker indicated water was also supplied from Madera Valley Water Company. The broker indicated the buyer purchased the property to store farming equipment and had plans to construct a home in the future.
Sale 2 is located at the northeast corner of Adell Street and North D Street. This 5-acre parcel sold in December 2021 for $390,000, which equates to $78,000 per acre or $1.79 per square foot. The property is located adjacent to the Madera city limits to the south and the west. The property was zoned RRS, a residential rural single-family zoning per Madera County. It has the planned land use for low density residential.
LDR allows for residential development at a density of 2.1 to 7 units per acre with a target density of 5.25 units per acre. This is the predominate land use category of the City’s residential areas. There are no off-site improvements such as curb, gutter or sidewalks. Electricity is available to the parcel. Water is available along the D Street frontage as well as the intersection of Adell Street and D Street. Sewer is located at the intersection of Adell Street and D Street.
Sale 3 is located at 16735 North D Street, on the east side of D Street, north of Martin Street. This 10.48-acre parcel sold in July 2023 for $600,000 which equates to $57,252 per acre or $1.31 per square foot. The property is located north of the city limits. The property was zoned AR-5 and has a planned land use for low density residential. LDR allows for residential development at a density of 2.1 to 7 units per acre with a target density of 5.25 units per acre. There are no off-site improvements such as curb, gutter or sidewalks. The property is accessed from a paved road. Electricity is noted along the road frontage. Water and sewer is located at the intersection of Martin and D street, however, these services are not available to the property until annexation into the city.
Sale 4 is located at 17375 Road 27, north of Avenue 17. The parcel is accessible from a dirt road, approximately 500 feet from Road 27. The parcel has a flag shape, rough level topography and contains 2.98 acres. It sold in July 2022 for $250,000 which equates to $83,893 per acre or $1.93 per square foot. The seller financed $125,000 of the price. The seller financing did not affect the sales price. The property is fenced.
A new well has been drilled, but a pump is needed. Electricity is available to the parcel. The parcel is north of the city limits. It is zoned AR-5 at time of sale and has a planned land use for low density residential.
APPRAISAL REPORT 38
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Comparison of Sales to Subject
and Value Conclusion
Any factor can affect value. Those considered in this valuation included, yet are not limited to, date of sale, prominence of location, size, shape, utilities, offsites, etc.
Numerous sales were reviewed; however, only those deemed most comparable have been selected for analysis. All conveyed on an “arm’s length” basis except if specifically noted otherwise.
Property Rights: The valuation of the subject pertains to the fee simple interest in the property. Sales 1 through 4 involved the transfer of the fee simple interest and are similar to the subject.
Financing: Sales 1 and 4 were purchased with private financing. According to the brokers, the financing did not affect the sales price. Sales 2 and 3 were cash sales.
Conditions of Sale: Sales 1 through 4 transferred under normal conditions of sale, rather than any distress or abnormal conditions of sale. As such, they are considered similar to the subject.
Date of Sale (Market Conditions): Sales 1 through 4 occurred between December 2021 and July 2023. The residential land market segment during this time frame is similar as the effective date of this report.
Structure Allocation: Sale 1 sold with a shop structure. The estimated value of that structure is $60,000. The structure value was subtracted from the sales price to arrive at a sales price allocation to the land.
General Location: The subject property is located in northeast Madera, north of the City Limits and within the Sphere of Influence. Sales 1 through 4 have similar general locations as the subject.
Proximity to City Limits: The subject parcel is located one-third mile north of the Madera City limits (on the west side of Lake Street). Sale 2 is located across the street from the city limits and are superior compared to the subject. Sales 1 and 4 are approximately one mile north of the city limits and are inferior compared to the subject. Sale 3 is a similar distance as the subject to the city limits.
Size: Economies of scale, suggest that smaller parcels typically sell at higher prices per acre than larger parcels. Sales 1, 2 and 3 are smaller than the subject and are considered superior to the subject when compared at the price per acre level. Sale 3 is larger than the subject and considered inferior to the subject when compared at the price per acre level.
Access: The subject is accessible from an asphalt paved road. Sales 1 through 3 are also accessible from paved roads. Sale 4 is accessible from a dirt road, inferior compared to the subject.
APPRAISAL REPORT 39
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Shape: The subject has a rectangular shape. Rectangular shapes are preferred in the market. Sales 1 through 3 have rectangular shapes and are similar to the subject.
Sale 4 has an flag shape which is considered inferior compared to the subject’s rectangular shape.
Topography: The subject has a generally rough level topography. Sales 1 through 4 have similar topography.
Sale Sale Sale Sale
Item Subject 1 2 3 4
Address 16564 N Lake St 26166 Eddy Way 16227 N D St 16735 N D St 17375 Road 27 City Madera Madera Madera Madera Madera
Property Rights Conveyed Fee Simple Fee Simple Fee Simple Fee Simple Fee Simple Financing Assume Cash Eq Private Cash Cash Private
Conditions of Sale Assume Normal Normal Normal Normal Normal Date of Sale 09/16/2022 (DOV) Feb-22 Dec-21 Jul-23 Jul-22 Physical Characteristics
General Location NE Madera NE Madera NE Madera NE Madera NE Madera Proximity to City Limits Proximate Inferior Superior Similar Inferior Land Size (Acres) 7.54 4.59 5.00 10.48 2.98
Access Paved Road Paved Road Paved Road Paved Road Dirt Road Shape Rectangular Rectangular Rectangular Rectangular Flag Shape Topography Rough Level Rough Level Rough Level Rough Level Rough Level Municipal Utilities E,G E,G,W W,S,E E E
Private Utilities Well, Septic Well,Septic None None Well Offsite Improvements None None None None None
Zoning AR-5 AR-5 RRS AR-5 AR-5
Planned Land Use LDR LDR LDR LDR LDR
TRANSACTIONAL ADJUSTMENTS
Sales Price $435,000 $390,000 $600,000 $250,000
Property Rights Adjustment $0 $0 $0 $0
_________ _________ _________ _________
Sales Price Adjusted for Property Rights $435,000 $390,000 $600,000 $250,000 Financing Adjustment $0 $0 $0 $0
_________ _________ _________ _________
Sales Price Further Adjusted for Financing $435,000 $390,000 $600,000 $250,000 Conditions of Sale Adjustment $0 $0 $0 $0
_________ _________ _________ _________
Sales Price Further Adjusted for Conditions $435,000 $390,000 $600,000 $250,000 Market Conditions (Date of Sale) Adjustment $0 $0 $0 $0 _________ _________ _________ _________
Sales Price Further Adjusted for Market Conditions $435,000 $390,000 $600,000 $250,000 Structure Allocation -$60,000 $0 $0 $0
_________ _________ _________ _________
Sales Price Adjusted for Structure Allocation $375,000 $390,000 $600,000 $250,000 Total Land Acres 4.59 5.00 10.48 2.98
Adjusted Price per Acre $81,717 $78,000 $57,252 $83,893
LOCATION & PHYSICAL COMPARISONS
General Location Similar Similar Similar Similar
Proximity to City Limits Inferior Superior Similar Inferior Land Size Superior Superior Inferior Superior
Access Similar Similar Similar Inferior
Shape Similar Similar Similar Inferior
Topography Similar Similar Similar Similar
Municipal Utilities Superior Superior Inferior Inferior Private Utilities Similar Inferior Inferior Inferior
Offsite Improvements Similar Similar Similar Similar
Zoning Similar Similar Similar Similar
Planned Land Use Similar Similar Similar Similar
________ ________ ________ ________
Overall Comparison To Subject Similar Superior Inferior Superior Below Below Above Below
Final Adjusted Sales Price per Acre $81,717 $78,000 $57,252 $83,893
SALES COMPARISON WORKSHEET
APPRAISAL REPORT 40
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Municipal Utilities: The subject property has electricity and gas available, however, water and sewer are not available to the parcel. At the time of sale, Sales 1 and 2 are superior in available municipal utilities. Sales 3 and 4 have only electricity available and are inferior in available municipal utilities.
Private Utilities: The subject private well and septic systems. Sale 1 has similar private utilities. Sales 2 and 3 lack private utilities and are inferior compared to the subject. Sale 4 has a new well but lacks private septic. It is also inferior in private utilities.
Offsites: The subject has no off-site improvements such as curb, gutter or sidewalk.
Sales 1 through 4 also lack off-site improvements.
Zoning: The subject parcel is zoned AR-5 an agricultural zoning allowing for onedwelling and accessory unit (residential uses). Sales 1, 3 and 4 have the same zoning.
Sale 2 has similar zoning.
Planned Land Use: The subject parcel has a planned land use for low density residential. Sales 1 through 4 have the same planned land use.
The land sales transacted between December 2021 and July 2023. They have adjusted sales prices that range from $57,252 to $83,893 per acre. Some units of comparison carry more weight than others. The sales are ranked in the chart below.
The appraisers have also considered the value of the subject property based on the definition of market value with regards to eminent domain and the highest price on the date of valuation that would be agreed to by buyer and seller. The appraisers have valued the subject’s residential land at $75,000 per acre.
Opinion of Value – Site Improvements
The in-place depreciated value of the site improvements that will be affected by the taking are also calculated. Approximately 1,006 linear feet of post and wire fencing is affected. The following chart is a summary of an estimation of the depreciated value that site improvement.
Sale Comparison Price
No. to Subject /Acre
4 Below $83,893
1 Below $81,717
2 Below $78,000
Subject Value $75,000
4 Above $57,252
RANKING OF SALES
APPRAISAL REPORT 41
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The Value Before Taking is calculated as follows:
The part taken consists of 2.89 acres of fee simple land.
There are no building improvements affected by the proposed acquisition. There is post and wire fencing located within the proposed acquisition area on both the west and east side of the property. This fencing total 1,006 linear feet. The value of the part taken is calculated as follows:
The remainder value before the taking is calculated by subtracting the value of the part taken (as part of the whole) from the value before the taking. This calculation is as follows:
After the taking, the remainder parcel will have the same highest and best use as before the taking; therefore, the $75,000 per acre unit price also applies to the
4.65-acre remainder. There are no items to cure in the remainder. Therefore, the remainder value after the taking is calculated as follows:
Cost Unit of Section Base Cost Local Cost Estimated Depreciated Item: Source: Measure: & Page: Cost: Multiplier: Multiplier: New: Depreciation: Cost: Rounded:
Metal post 5 strand barb wire Marshall Valuation Linear Foot 66/5 $ 6.00 1.15 1.24 $ 8.56 50.00% $ 4.28 $ 4.30 Quantity Summary
Value Before Taking:
Land (Fee Simple) 7.54 AC @ $75,000.00 /AC = $565,500.00 Site Improvements Within Acquisition Area (Depreciated):
post and wire fencing 1006 LF @ $4.30 /LF = $4,325.80
________
Value of the Whole Property Before Taking: >>>>>>> = $569,825.80 Value of Part Taken (As Part of Whole):
Land (Fee Simple) 2.89 AC @ $75,000.00 /SF = $216,750.00 Site Improvements Within Acquisition Area (Depreciated):
post and wire fencing 1006 LF @ $4.30 /LF = $4,325.80
________
Value of Part Taken (as Part of Whole): >>>>>>> $221,075.80 Value Before Taking: $569,825.80
Value of Part Taken (As Part of Whole): $221,075.80
Remainder Value Before Taking: $348,750.00
Remainder Value After Taking:
Land (Fee Simple) 4.65 AC @ $75,000.00 /AC = $348,750
Less Costs to Cure None $0
Total Remainder Value After Taking >>>>>>> = $348,750.00 APPRAISAL REPORT 42
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Damages to the remainder are calculated by subtracting the remainder value after the taking from the remainder value before the taking. This calculation is shown on the below:
Benefits are advantageous factors that arise from a public improvement for which private property has been taken. In our opinion the remainder property will not be benefitted as a result of the taking.
Net damage to the remainder is calculated by subtracting benefits to the remainder from the damages to the remainder. The net damage is $0, as shown in the following calculation:
The final opinion of just compensation is calculated by adding the value of the part taken (as part of the whole) to the net damage to the remainder. As shown, the estimated just compensation is $222,000 (rounded).
Remainder Value Before Taking: $348,750.00
Remainder Value After Taking: $348,750.00
Damages to Remainder: $0.00
Benefits to Remainder: $0.00
Benefits to Remainder: $0.00
Damages to Remainder: $0.00
Net Damage to Remainder: $0.00
Net Damage to Remainder: = $0.00
Value of Part Taken (as Part of Whole): + $221,075.80
________
Total Difference (Total Award) = $221,075.80
Rounded $222,000.00
APPRAISAL REPORT 43
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Parcel No. Project Madera Water Storage Project
Owner Property Address 16564 N Lake Street
APN Size 7.54 Zoning AR-5
Present Use Highest & Best Use Hold for development
Date of Value Federal Project No. Not Applicable
Net Area
Site Size (Acre) 7.54 Acre
Site Size (SF) 328,442.00 SF
Fee Simple Acquisition 126,004.98 SF
Remainder (Acre) 4.65 Acre
Remainder (SF) 202,437.02 SF
Value Before Taking:
Land (Fee Simple) 7.54 AC @ $75,000.00 /AC = $565,500.00 Site Improvements Within Acquisition Area (Depreciated):
post and wire fencing 1006 LF @ $4.30 /LF = $4,325.80
________
Value of the Whole Property Before Taking: >>>>>>> = $569,825.80 Value of Part Taken (As Part of Whole):
Land (Fee Simple) 2.89 AC @ $75,000.00 /SF = $216,750.00 Site Improvements Within Acquisition Area (Depreciated):
post and wire fencing 1006 LF @ $4.30 /LF = $4,325.80
________
Value of Part Taken (as Part of Whole): >>>>>>> - $221,075.80 ________
Remainder Value Before Taking: = $348,750.00
Remainder Value After Taking:
Land (Fee Simple) 4.65 AC @ $75,000.00 /AC = $348,750
Less Costs to Cure None $0
Total Remainder Value After Taking >>>>>>> = $348,750.00 ________
Damages to Remainder: $0.00
Less Benefits: - $0.00
________
Net Damage to Remainder: = $0.00
Value of Part Taken (as Part of Whole): + $221,075.80
________
Total Difference (Total Award) = $221,075.80
Rounded $222,000.00
APPRAISAL SUMMARY SHEET
5 Holguin
038-030-028
Rural Residential
9/25/2023
APPRAISAL REPORT 44
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After carefully considering all of the data and pertinent information regarding to the property under appraisal, it is our opinion that the market value as of the effective date of appraisal, September 25, 2023, is as follows:
Valuation
Value Before Taking: $569,825.80
Value of Part Taken (As Part of Whole): – $221,075.80
Remainder Value Before Taking: = $348,750.00
Remainder Value After Taking: – $348,750.00
Damages to Remainder: = $0.00
Benefits to Remainder: – $0.00
Net Damage to Remainder = $0.00
Value of Part Taken (As Part of Whole): + $221,075.80
Total Difference (Just Compensation): = $221,075.80
Rounded: $222,000.00
This report was prepared on September 27, 2023.
Definition of Fair Market Value
This appraisal has been prepared in accordance with the following fair market value definition:
(a) The fair market value of the property taken is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing, and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available.
(b) The fair market value of property taken for which there is no relevant market is its value on the date of valuation as determined by any method of valuation that is just and equitable. (State of California Code of Civil Procedure, Section 1263.320) Definition of Fee Simple Estate
Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat. (The Dictionary of Real Estate Appraisal, 7th Edition, Chicago: Appraisal Institute, 2022, page 73)
ADDENDA
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ADDENDA
ADDENDA
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SUBJECT PHOTOGRAPHS
From the southeast corner of
the subject parcel toward
the west.
From the southeast corner of
the parcel toward the
northwest.
From the southeast corner
toward the north.
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SUBJECT PHOTOGRAPHS
From the northeast corner of
the proposed acquisition
area toward the west.
From the northeast corner of
the proposed acquisition
area toward the southwest.
From the northeast corner of
the proposed acquisition
area toward the south.
ADDENDA
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AERIAL PHOTOGRAPH OF SUBJECT PROPERTY
ADDENDA
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AREA MAP
ADDENDA
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ASSESSOR’S PARCEL MAP
ADDENDA
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PROPOSED WATER STORAGE TANK SITE LEGAL DESCRIPTION
ADDENDA
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PROPOSED WATER STORAGE TANK SITE MAP
ADDENDA
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FLOOD MAP
ADDENDA
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ZONING MAP
Land Sale No.
RPA1-7612
6730 N. West Avenue, Suite 111, Fresno, CA 93711 (559) 261-9136 1 Database ID
rpa Real Property Analysts
Lender
Loan Amount
Downpayment
Adj. Price
Reason for Adj.
Adjustment
Sales Price
Exposure Time
Property Rights
Doc. No.
Recording Date
Pacific Mortgage and Realty
$287,100
$147,900
$375,000
Contributory value of shop estimated at $60,000.
-$60,000
$435,000
96 days
Fee Simple
2022-006768
03/10/22
02/15/22
Arturo Wilfrido Cristobal Torres
No. of Units
H & B Use
Rail Served
Offsite Imps
Utilities
Street Type
Zone Class
Zoning
Topography
Frontage
Shape
Homesite
None
Electricity
Paved
Agricultural
AR-5
Rough Level
Interior
Rectangular
APN
Zip Code
State
County
036-140-025
93638
CA
Madera
Madera
26166 Eddy Way
Property Type Residential Land
Address
City
This sale is located at 26166 Eddy Way, east of Road 26 and north of Avenue 17. This rectangular 5-acre parcel sold in February 2022.
This parcel is accessed from a paved road. The parcel has a 1980’s built metal shop. The shop is 3,000 square feet and contains a restroom and kitchenette, both are in fair condition. The appraiser estimates the contributory value of the shop at $60,000. Subtracting the contributory value of the shop from the contract price of $435,000, leaves a sales price of $375,000, attributable to the land. This equates to a sales price of $81,717 per acre or $1.88 per square foot. The parcel has perimeter post and wire fencing and several fenced pastures. it is zoned AR-5 and planned land use for low density residential. The property had electricity and gas from Pacific Gas and Electric. It had a private septic system and private well. The broker indicated water was also supplied from Madera Valley Water Company. The broker indicated the buyer purchased the property to store farming equipment and had plans to construct a home in the future.
PROPERTY IDENTIFICATION
Land Area SF 199,904 4.589
Buyer
Todd & Carol Reardon
SF or AC
Deed Date
From Actual
Sales Price
Price per Unit
Price per SF $2.18
Price per AC $94,788
$1.88
$81,714
Seller
SITE DATA
SALE DATA
VALUE INDICATORS
From Adjusted
Sales Price
REMARKS
We have obtained the information contained herein from sources that are deemed to be reliable. We make no representation, warranty or guarantee, express or implied, as to the accuracy or reliability of the information contained herein. Reproduction without our expressed written consent is prohibited.
Land Sale No.
RPA1-7610
6730 N. West Avenue, Suite 111, Fresno, CA 93711 (559) 261-9136 2 Database ID
rpa Real Property Analysts
Lender
Loan Amount
Downpayment
Adj. Price
Reason for Adj.
Adjustment
Sales Price
Exposure Time
Property Rights
Doc. No.
Recording Date
All cash transaction
$390,000
$390,000
Fee Simple
2021-037865
12/07/21
12/03/21
Nadeem Ahmad
No. of Units
H & B Use
Rail Served
Offsite Imps
Utilities
Street Type
Zone Class
Zoning
Topography
Frontage
Shape
Hold For Development
No
Sewer Water Electricity
Paved
Residential Rural Single Family
RRS
Rough Level
Corner
Rectangular
APN
Zip Code
State
County
038-090-010
93638
CA
Madera
Madera
16227 N D Street
Property Type
Address
City
This sale is located at the northeast corner of Adell Street and North D Street. This 5-acre parcel sold in December 2021 for $390,000, which equates to $78,000 per acre or $1.79 per square foot. The property is located adjacent to the Madera city limits to the south and the west. The property was zoned RRS, a residential rural single family zoning per Madera County. It has the planned land use for low density residential. LDR allows for residential development at a density of 2.1 to 7 units per acre with a target density of 5.25 units per acre. This is the predominate land use category of the City’s residential areas. There are no off-site improvements such as curb, gutter or sidewalks. Electricity is available to the parcel. Water is available along the D street frontage as well as the intersection of Adell Street and D Street. Sewer is located at the intersection of Adell Street and De Street.
PROPERTY IDENTIFICATION
Land Area SF 217,800 5.000
Buyer
Robert L. Poythress, etal.
SF or AC
Deed Date
From Actual
Sales Price
Price per Unit
Price per SF $1.79
Price per AC $78,000
$1.79
$78,000
Seller
SITE DATA
SALE DATA
VALUE INDICATORS
From Adjusted
Sales Price
REMARKS
We have obtained the information contained herein from sources that are deemed to be reliable. We make no representation, warranty or guarantee, express or implied, as to the accuracy or reliability of the information contained herein. Reproduction without our expressed written consent is prohibited.
Land Sale No.
RPA1-7724
6730 N. West Avenue, Suite 111, Fresno, CA 93711 (559) 261-9136 3 Database ID
rpa Real Property Analysts
Lender
Loan Amount
Downpayment
Adj. Price
Reason for Adj.
Adjustment
Sales Price
Exposure Time
Property Rights
Doc. No.
Recording Date
All cash transaction
$600,000
$600,000
Fee Simple
2023-014638
08/02/23
07/20/23
Ly Nguyen & Minh Thai
No. of Units
H & B Use
Rail Served
Offsite Imps
Utilities
Street Type
Zone Class
Zoning
Topography
Frontage
Shape
Hold For Development
No
None
Electricity
Paved
Agricultural
AR-5
Rough Level
Interior
Rectangular
APN
Zip Code
State
County
038-020-012
93638
CA
Madera
Madera
16735 North D Street
Property Type Residential Land
Address
City
This sale is located at 16735 North D Street, on the east side of D Street, north of Martin Street. This 10.48-acre parcel sold in July 2023 for $600,000 which equates to $57,252 per acre or $1.31 per square foot. The property is located north of the city limits. The property was zoned AR-5 and has a planned land use for low density residential. LDR allows for residential development at a density of 2.1 to 7 units per acre with a target density of 5.25 units per acre. There are no off-site improvements such as curb, gutter or sidewalks. The property is accessed from a paved road. Electricity is noted along the road frontage. Water and sewer is located at the intersection of Martin and D street, however, these services are not available to the property until annexation into the city.
PROPERTY IDENTIFICATION
Land Area SF 456,508 10.480
Buyer
Elise Thompson Snyder Baach, Etal.
SF or AC
Deed Date
From Actual
Sales Price
Price per Unit
Price per SF $1.31
Price per AC $57,252
$1.31
$57,252
Seller
SITE DATA
SALE DATA
VALUE INDICATORS
From Adjusted
Sales Price
REMARKS
We have obtained the information contained herein from sources that are deemed to be reliable. We make no representation, warranty or guarantee, express or implied, as to the accuracy or reliability of the information contained herein. Reproduction without our expressed written consent is prohibited.
Land Sale No.
RPA1-7725
6730 N. West Avenue, Suite 111, Fresno, CA 93711 (559) 261-9136 4 Database ID
rpa Real Property Analysts
Lender
Loan Amount
Downpayment
Adj. Price
Reason for Adj.
Adjustment
Sales Price
Exposure Time
Property Rights
Doc. No.
Recording Date
Seller
$125,000
$125,000
$250,000
$250,000
35 days
Fee Simple
2022-021355
08/16/22
07/29/22
Luis Gerardo Reyes Lopez & Sarahi Reyes
No. of Units
H & B Use
Rail Served
Offsite Imps
Utilities
Street Type
Zone Class
Zoning
Topography
Frontage
Shape
Homesite
No
None
Electricity
Dirt
Agricultural
AR-5
Rough Level
Interior
Flag
APN
Zip Code
State
County
037-010-016
93638
CA
Madera
Madera
17375 Road 27
Property Type Residential Land
Address
City
This sale is located at 17375 Road 27, north of Avenue 17. The parcel is accessible from a dirt road, approximately 500 feet from Road
27. The parcel has a flag shape, rough level topography and contains 2.98 acres. It sold in July 2022 for $250,000 which equates to $83,893 per acre or $1.93 per square foot. The seller financed $125,000 of the price. The seller financing did not affect the sales price.
The property is fenced. A new well has been drilled, but a pump is needed. Electricity is available to the parcel. The parcel is north of the city limits. It is zoned AR-5 at time of sale and has a planned land use for low density residential.
PROPERTY IDENTIFICATION
Land Area SF 129,808 2.980
Buyer
Salvador & Beatriz Garcia
SF or AC
Deed Date
From Actual
Sales Price
Price per Unit
Price per SF $1.93
Price per AC $83,893
$1.93
$83,893
Seller
SITE DATA
SALE DATA
VALUE INDICATORS
From Adjusted
Sales Price
REMARKS
We have obtained the information contained herein from sources that are deemed to be reliable. We make no representation, warranty or guarantee, express or implied, as to the accuracy or reliability of the information contained herein. Reproduction without our expressed written consent is prohibited.
ADDENDA
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QUALIFICATIONS OF KELLY P. STEVENS, SRA
KELLY P. STEVENS is employed by rpa Wakefield & Hopper, Inc., dba Real Property Analysts, an independent appraisal firm.
CERTIFICATION Mr. Stevens is registered with the State of California Office of Real Estate Appraisers as a Certified General Real Estate Appraiser, CA #AG020683.
PROFESSIONAL ORGANIZATIONS
Mr. Stevens is an SRA designated member of the Appraisal Institute (2012).
ACTIVITIES
Secretary of the Northern California Chapter, Appraisal Institute, 2011 Treasurer of the Northern California Chapter, Appraisal Institute, 2012 Vice President of the Northern California Chapter, Appraisal Institute 2013 President of the Northern California Chapter, Appraisal Institute 2014 EDUCATION California State University, Fresno
Bachelor of Science Degree, 1993
Business Administration – Real Estate & Urban Land Economics California State University, Fresno – Courses
Real Estate Law
Real Estate Finance
Real Estate Practices
Real Estate Appraisal
Business and Real Estate Economics
The Appraisal Institute
Residential Market Analysis and Highest & Best Use
Residential Site Valuation and Cost Approach
Residential Sales Comparison & Income Approaches
Residential Report Writing & Case Studies
Real Estate Finance Statistics & Valuation Modeling
Advanced Residential Applications & Case Studies (Part I) Advanced Residential Report Writing (Part II)
USPAP 2022-2023 Completed
General Appraiser Market Analysis and Highest & Best Use General Appraiser Site Valuation and Cost Approach
General Appraiser Income Approach/Part I
General Appraiser Income Approach/Part II
General Appraiser Sales Comparison Approach
General Appraiser Report Writing and Case Studies
Advanced Income Capitalization
Advanced Market Analysis and Highest and Best Use
APPRAISAL
EXPERIENCE Industrial, Multiple-Family, Single-Family Residences, Condominiums & Land.
PARTIAL LIST
OF CLIENTS United Security Bank, Rabobank, Educational Employees Credit Union, First American Title Co., numerous other individuals and companies.
ADDENDA
www.rpaappraisal.com rpa Real Property Analysts
QUALIFICATIONS OF TIFFANY K.V. MACH, MAI
TIFFANY K. V. MACH is a certified general real estate appraiser in the State of California. She has been employed by the firm of rpa Wakefield & Hopper, Inc., dba Real Property Analysts since 1991 and has been a co-owner since 2018.
CERTIFICATION Ms. Mach is registered with the State of California Office of Real Estate Appraisers as a Certified General Real Estate Appraiser, CA #AG025952.
PROFESSIONAL
ORGANIZATIONS Ms. Mach is a MAI designated member of the Appraisal Institute. (October 2012).
Activities
Regional Representative, Northern California Chapter, Appraisal Institute, 2015-2016.
Director, Northern California Chapter, Appraisal Institute, 2015-2017.
EDUCATION California State University, Fresno
Bachelor of Science Degree, 1991
Business Administration – Real Estate & Urban Land Economics California State University, Fresno – Courses
Real Estate Law
Real Estate Finance
Real Estate Practices
Real Estate Appraisal
Business and Real Estate Economics
Other Courses/Seminars –
The Technical Inspection of Real Estate (The Beckman Company) The Appraisal Institute
Course 1A1/8-1 - Real Estate Appraisal Principles
Course 120 - Real Estate Appraisal Procedures
Course 310 - Basic Income Capitalization
Course 320 - General Applications
Course 410 - Standards of Professional Practice (Part A) Course 420 - Standards of Professional Practice (Part B) Course 510 - Advanced Income Capitalization
Course 520 - Highest & Best Use and Market Analysis
Course 530 - Advanced Sales Comparison & Cost Approaches Course 540 - Report Writing & Valuation Analysis
Course 550 - Advanced Applications
USPAP - 2022-2023
APPRAISAL
EXPERIENCE Commercial, Industrial, Multiple-Family, Agricultural Properties, Single-Family Residences, Condominiums & Subdivisions.
PARTIAL LIST
OF CLIENTS CSUF Auxiliary; Caltrans; Cities of Clovis, Fresno, Merced, Los Banos, & Tulare; Central Valley Community Bank; Clovis Unified School District; Fresno Metropolitan Flood Control District; Fresno Unified School District; St. Agnes Medical Center; Siskin Ranchos; Pacific Gas & Electric Company; Cathay Bank; United Security Bank, Westamerica Bank; KeyBank; Comerica Bank. Numerous other individuals, firms & public agencies.
Attachment 3
Resolution
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,
CALIFORNIA, APPROVING AN AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY FOR APN: 038-030-028 FOR A NEW WATER STORAGE TANK
WHEREAS, Francisco Holguin (Seller) owns a 7.54-acre parcel Located at 16564 N. Lake Street, APN 038-030-028 (Subject Property); and
WHEREAS, the City wishes to purchase 2.89-acres of the Subject Property; and WHEREAS, the City and Seller have negotiated a purchase price of $222,000 for the portion of Subject Property; and
WHEREAS, funding for the purchase is available through the Water System Utility fund; and
WHEREAS, the property to be acquired by City is more specifically described in the legal description included within the Grant Deed attached to and included as Exhibit B to the Agreement for Purchase and Sale of Real Property; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA hereby resolves, finds, determines and orders as follows:
1. The above recitals are true and correct.
2. The City Council approves the Agreement for Purchase and Sale of Real Property and Joint Escrow Instructions attached hereto as Exhibit A including Exhibits referenced in and attached to the Agreement.
3. The City Manager is authorized to take all actions necessary to execute documents as necessary for Escrow requirements and recordation of the Grant Deed and Easement Agreement.
4. The City Clerk is authorized to prepare the Certificate of Acceptance for the Grant Deed.
5. The City Finance Manager is authorized to transfer $222,000 from the Water System Utility Funds Account.
6. The City Engineer is authorized to initiate Escrow Services for the acquisition of the property and the recording of the Grant Deed and Easement Agreement by the County of Madera Clerk/Recorder.
7. The City Manager, City Clerk, and City Attorney are authorized collectively to make any technical and clerical corrections or clarifications to this Resolution and to the Agreement and related documents.
8. This resolution is effective immediately upon adoption. ********
EXHIBIT A
Agreement for Purchase and Sale of Property, APN: 038-030-028
REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: June 5, 2024
Agenda Number: D-5
Keith Helmuth, City Engineer
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Caltrans State Route 145 Yosemite Avenue Project Cooperative Agreement – Local Only Contribution
RECOMMENDATION:
Adopt a Resolution Approving Cooperative Agreement – Local Contribution Only with State of California Department of Transportation (Caltrans) in the Amount of $3,000,000 SUMMARY:
As part of the State Route 145 Yosemite Avenue Project (Project), Caltrans agreed to include certain other City requested improvements in the Project that were identified in the State Route 145 Yosemite Avenue as Downtown Main Street Plan (Downtown Plan) in conjunction with City of Madera (City) participation of $3,000,000 approved by motion at the March 1, 2023 City Council (Council) meeting.
In order for Caltrans to continue the design of the project, the City commitment of $3,000,000 must be formalized in an agreement.
DISCUSSION:
City staff is continuing to work with Caltrans staff and their consultant to include as many of the improvements identified in the Downtown Plan, as adopted by Council on April 15, 2020, into the Project as the $3,000,000 makes possible.
During the presentation to the February 7, 2024, Council meeting, cost estimates provided a positive indicator that all or most of the improvements requested by the City would be included.
This was based on an engineer’s estimate of $2.9 million dollars completed on January 24, 2024, for the 60 percent design drawings. Since that meeting, staff is confident that all requested improvements will be included.
In summary, those improvements include:
Widened sidewalks between E Street and B Street
Replacing existing street lighting with decorative lighting fixtures Adding additional decorative street lighting fixtures where fixtures are missing Installation of Rectangular Rapid Flashing Beacons at certain unsignalized intersections Landscaping within the proposed median islands and along the street These features are in addition to many other items Caltrans was already building into the project including roundabouts, bike lanes and bus stops.
The typical agreement used by Caltrans is a Cooperative Agreement. In this case, it is referenced as Cooperative Agreement – Local Contribution Only (Agreement). As written, the Agreement strictly adheres to the criteria required by Caltrans. Deviation from the criteria either would require approval of changes at Caltrans headquarters or preparation of a different agreement type referred to as a Project Development Agreement. Both options would delay the process at a time Caltrans indicates is time sensitive. While the Agreement does not contain the provisions that staff would prefer such as “not to exceed $3,000,000”, staff is nonetheless recommending the City accept the Agreement as it has written by Caltrans.
As written, the Agreement states that the City is contributing $3,000,000 dollars without recognition of a circumstance in which costs do not match or exceed this value. Under most circumstances, staff as well as Council would object to this. Staff, however, is of the opinion that the actual cost likely will be greater and perhaps much greater than $3,000,000. This opinion is based on:
Current cost estimate of approximately $2,900,000 completed on January 24, 2024. One or more items such as upgraded lighting finishes at roundabouts is not currently included in the estimate.
The current cost estimate is based on current year values rather than an adjusted amount for the time when the project will be bid out in Spring of 2025. This was recently discussed with the Caltrans Project Manager. He agreed that this statement is probably true but could not confirm it at the time.
The Caltrans Project Manager indicates costs are escalating at a rapid rate for Caltrans projects.
As indicated at the March 1. 2023 Council meeting, Council authorized use of Local Transportation Funds (LTF). As part of staff’s presentation during that meeting, staff indicated there may be some potential to use Regional Surface Transportation Program (RSTP) funds. Given the current timing of the initial deposit of $403,500 associated with the Agreement, staff is recommending use of the RSTP fundsto the degree eligible per the funding source requirements.
As invoices are received from Caltrans, staff may recommend use of either funding source depending on the relative benefits at the time.
FINANCIAL IMPACT:
There is no fiscal impact to the City's General Fund as a result of assigning transportation funds toward the Project for the added improvements. Additional funding for landscape maintenance might come from the Downtown Association fund, which is not supported by the General Fund.
ALTERNATIVES:
The current design is progressing based on previously agreed-upon concepts. Alternatives for landscaping and aesthetics will be considered as part of the Council's discussion.
ATTACHMENTS:
1. Resolution – Approving Agreement
Exhibit A – Cooperative Agreement – Local Only Contribution Attachment 1
Resolution
RESOLUTION NO. 24-______
A RESOLUTION APPROVING COOPERATIVE AGREEMENT – LOCAL
CONTRIBUTION ONLY WITH STATE OF CALIFORNIA DEPARTMENT OF TRNSPORTATION IN THE AMOUNT OF $3,000,000
WHEREAS, the City and State of California Department of Transportation (Caltrans) continue to work cooperatively toward completion of the Downtown Madera CAPM (more formally known to Caltrans as the Pavement Preservation (Multi-Asset CAPM) in and near Madera from 0.1 mi south of Avenue 13 to 0.1 mi south of East Madera underpass); and WHEREAS, through a motion of the City Council (Council) on March 1, 2023 directed that as much as $3,000,000 of Local Transportation Funds (LTF) could be made available to Caltrans for the purposes of including certain improvements in the Downtown Madera CAPM (CAPM) project not already incorporated into the project; and
WHEREAS, a Cooperative Agreement – Local Contribution Only (Agreement) that commits said $3,000,000 of City funds to the CAPM project, must now be executed with the California Department of Transportation before additional substantive project design can proceed; and
WHEREAS, a deposit of $403,500 is due and payable following execution of the Agreement; and
WHEREAS, staff, at the Council meeting on March 1, 2023, staff indicated there may be potential to use Regional Surface Transportation Program (RSTP) funds in lieu of LTF; and WHEREAS, use of RSTP funds at this time assists in disbursement of funds requirement that are placed upon receipt of RSTP funds.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF MADERA hereby resolves, finds, determines and orders as follows:
1. The above recitals are true and correct.
2. The agreement entitled “Cooperative Agreement – Local Contribution Only” is approved and attached as “Exhibit A”, with California Department of Transportation (Caltrans) in the amount of $3,000,000.00. A copy of the Agreement shall be kept on file in the office of the City Clerk.
3. Council authorizes immediate payment of $403,500 initial deposit utilizing Regional Surface Transportation Program (RSTP) or Local Transportation Funds (LTF) funding immediately with the remaining paid in response to monthly invoices for prior months expenditures.
4. This resolution is effective immediately upon adoption. * * * * * * * *
Exhibit A
Yosemite, West of B Street Cooperative Agreement – Local Contribution Only DRAFT Agreement No. 06-1796
Project No.: 0619000005
EA: 06-0Y180
06-MAD-145-8.1/12.2
Agreement No. 06-1796 | 06-MAD-145 | EA: 06-0Y180
Page | 1
Contact Information
The information provided below indicates the primary contact information for each PARTY to this AGREEMENT. PARTIES will notify each other in writing of any personnel or location changes. Contact information changes do not require an amendment to this AGREEMENT.
CALTRANS
Mike Day, Project Manager
2015 E. Shields
Fresno, CA 93722
Office Phone: (559) 383-5247
Email: [email protected]
CITY OF MADERA
Keith Helmuth, City Engineer
428 E. Yosemite Avenue
Madera, CA 93638
Office Phone: (559) 661-5418
Email: [email protected]
DRAFT Agreement No. 06-1796
Project No.: 0619000005
EA: 06-0Y180
06-MAD-145-8.1/12.2
Agreement No. 06-1796 | 06-MAD-145 | EA: 06-0Y180
Page | 2
COOPERATIVE AGREEMENT
Local Contribution Only
This AGREEMENT, executed on and effective from __________________________, is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and:
City of Madera, a body politic and municipal corporation or chartered city of the State of California, referred to hereinafter as CITY.
RECITALS
1. PARTIES are authorized to enter into a cooperative agreement for improvements to the State Highway System (SHS) per the California Streets and Highways Code, Sections 114 and 130.
2. The term AGREEMENT, as used herein, includes this document and any associated attachments, exhibits, and amendments.
3. For the purpose of this AGREEMENT, Pavement Preservation (Multi-Asset CAPM) in and near Madera from 0.1 mi south of Avenue 13 to 0.1 mi south of East Madera underpass will be referred to hereinafter as PROJECT. This description only serves to identify the PROJECT. The project scope of work is defined in the appropriate authorizing documents per the Project Development Procedures Manual.
4. CITY will contribute an amount of $3,000,000 to the PROJECT. Contributed funds will be used for the PROJECT.
5. PARTIES agree that funds will be contributed to the following PROJECT COMPONENTS:
• PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E)
• CONSTRUCTION SUPPORT
• CONSTRUCTION CAPITAL
6. PARTIES hereby set forth the terms, covenants, and conditions for CITY's contribution toward the PROJECT.
ROLES AND RESPONSIBILITIES
7. CALTRANS is the SPONSOR and IMPLEMENTING AGENCY for the PROJECT.
DRAFT Agreement No. 06-1796
Project No.: 0619000005
EA: 06-0Y180
06-MAD-145-8.1/12.2
Agreement No. 06-1796 | 06-MAD-145 | EA: 06-0Y180
Page | 3
8. CITY is a FUNDING PARTY contributing a fixed amount toward the PROJECT as shown in the FUNDING TABLE.
9. CALTRANS is responsible for completing all work for the PROJECT.
GENERAL CONDITIONS
10. All portions of this AGREEMENT, including the RECITALS section, are enforceable.
11. All CALTRANS' obligations and commitments under this AGREEMENT are subject to the appropriation of resources by the Legislature, the State Budget Act authority, programming and allocation of funds by the California Transportation Commission (CTC).
12. PARTIES will first attempt to resolve AGREEMENT disputes at the PROJECT team level as described in the Quality Management Plan. If they cannot resolve the dispute themselves, the CALTRANS District Director and the Executive Officer of CITY will attempt to negotiate a resolution. If PARTIES do not reach a resolution, PARTIES' legal counsel will initiate mediation.
PARTIES agree to participate in mediation in good faith and will share equally in its costs.
Neither the dispute nor the mediation process relieves PARTIES from full and timely performance of the work in accordance with the terms of this AGREEMENT. However, if any PARTY stops fulfilling its obligations, any other PARTY may seek equitable relief to ensure that the work continues.
Except for equitable relief, no PARTY may file a civil complaint until after mediation, or forty-five (45) calendar days after filing the written mediation request, whichever occurs first.
PARTIES will file any civil complaints in the Superior Court of the county in which the CALTRANS District Office signatory to this AGREEMENT resides or in the Superior Court of the county in which the PROJECT is physically located.
PARTIES maintain the ability to pursue alternative or additional dispute remedies if a previously selected remedy does not achieve resolution.
13. The cost of any engineering support performed by CALTRANS includes all direct and applicable indirect costs. CALTRANS calculates indirect costs based solely on the type of funds used to pay support costs. State and federal funds administered by CALTRANS are subject to the current Program Functional Rate. All other funds are subject to the current Program Functional Rate and the current Administration Rate. The Program Functional Rate and Administration Rate are adjusted periodically.
14. Neither CITY nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, DRAFT Agreement No. 06-1796
Project No.: 0619000005
EA: 06-0Y180
06-MAD-145-8.1/12.2
Agreement No. 06-1796 | 06-MAD-145 | EA: 06-0Y180
Page | 4
or jurisdiction conferred upon CALTRANS under this AGREEMENT. It is understood and agreed that CALTRANS, to the extent permitted by law, will defend, indemnify, and save harmless CITY and all of their officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under this AGREEMENT.
15. This AGREEMENT is intended to be PARTIES’ final expression and supersedes any oral understanding or writings pertaining to PROJECT.
INVOICE AND PAYMENT
16. CITY will contribute the funds listed below:
FUNDING TABLE
Fund
Source
Fund
Type
Project
Component Amount ($)
Local Local/LTF PS&E 273,000
Local Local/LTF Construction Support 47,000
Local Local/LTF Construction Capital 2,680,000
Total Funds 3,000,000
17. CALTRANS will invoice CITY for a $403,500 initial deposit after execution of this AGREEMENT and forty-five (45) working days prior to the commencement of PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E) expenditures. This deposit represents two (2) month of estimated support costs or one (1) month of estimated capital costs. The initial deposit will be split between components as listed below:
Component Percent of Deposit
PS&E 11%
Construction Support 9%
Construction Capital 79%
18. Thereafter, CALTRANS will submit to CITY monthly invoices for the prior month's expenditures.
19. CITY will pay the invoiced amount within forty-five (45) calendar days of receipt of the invoice unless CITY is paying with Electronic Funds Transfer (EFT). When paying with EFT, CITY will pay the invoiced amount within five (5) calendar days of receipt of the invoice.
20. If CITY has received EFT certification from CALTRANS then CITY will use the EFT mechanism and follow all EFT procedures to pay all invoices issued from CALTRANS.
DRAFT Agreement No. 06-1796
Project No.: 0619000005
EA: 06-0Y180
06-MAD-145-8.1/12.2
Agreement No. 06-1796 | 06-MAD-145 | EA: 06-0Y180
Page | 5
21. PARTIES agree to sign a CLOSURE STATEMENT to terminate this AGREEMENT. However, all indemnification articles will remain in effect until terminated or modified in writing by mutual agreement.
DRAFT Agreement No. 06-1796
Project No.: 0619000005
EA: 06-0Y180
06-MAD-145-8.1/12.2
Agreement No. 06-1796 | 06-MAD-145 | EA: 06-0Y180
Page | 6
DEFINITIONS
CLOSURE STATEMENT - A document signed by PARTIES that verifies the completion of all obligations included in this AGREEMENT and in all amendments to this AGREEMENT.
FUNDING PARTY - A PARTY who commits a defined dollar amount to the PROJECT.
IMPLEMENTING AGENCY - The PARTY responsible for managing the scope, cost, and schedule of a project component to ensure the completion of that component.
PARTY - An individual signatory agency in this AGREEMENT.
PARTIES - The term that collectively references all of the signatory agencies to this AGREEMENT.
SPONSOR - The PARTY that accepts the obligation to secure financial resources to fully fund PROJECT.
This includes any additional funds beyond those committed in this AGREEMENT necessary to complete the full scope of PROJECT.
PROJECT COMPONENT - A distinct portion of the planning and project development process of a capital project as outlined in California Government Code, Section 14529(b). • PID (Project Initiation Document) - The activities required to deliver the project initiation document for the PROJECT.
• PA&ED (Project Approval and Environmental Document) - The activities required to deliver the project approval and environmental documentation for the PROJECT. • PS&E (Plans, Specifications, and Estimate) - The activities required to deliver the plans, specifications, and estimate for the PROJECT.
• R/W (Right of Way) SUPPORT - The activities required to obtain all property interests for the PROJECT.
• R/W (Right of Way) CAPITAL - The funds for acquisition of property rights for the PROJECT.
• CONSTRUCTION SUPPORT - The activities required for the administration, acceptance, and final documentation of the construction contract for the PROJECT. • CONSTRUCTION CAPITAL - The construction contract funds for the PROJECT.
DRAFT Agreement No. 06-1796
Project No.: 0619000005
EA: 06-0Y180
06-MAD-145-8.1/12.2
Agreement No. 06-1796 | 06-MAD-145 | EA: 06-0Y180
Page | 7
SIGNATURES
PARTIES are authorized to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and hereby covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT. By signing below, the PARTIES each expressly agree to execute this AGREEMENT electronically.
The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals.
STATE OF CALIFORNIA DEPARTMENT
OF TRANSPORTATION City of Madera
Diana Gomez
District Director
Santos Garcia
Mayor
Verification of Funds and Authority: Attest:
Claudia Juarez
District Resource Manager
Certified as to financial terms and policies: Approved as to form and procedure:
Darwin Salmos
HQ Accounting Supervisor
REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: June 5, 2024
Agenda Number: D-6
Keith Helmuth, P.E., Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Measure T 2024 Draft Expenditure Plan
RECOMMENDATION:
Adopt a Resolution Approving the Draft 2024 Measure T Expenditure Plan SUMMARY:
Measure T was approved by voters in November 2006. This established the Madera County Transportation Authority (MCTA) and authorized a ½ cent retail and transaction and use tax for 20 years (between April 1, 2007 thru March 31, 2027) specifically to fund transportation projects and programs within Madera County (County). Measure T has generated over $169 million to date and allowed the region to leverage an additional $320 million in state and federal matching funds. It is expected to generate a total of $219 million by its sunset date in 2027. A renewal was attempted unsuccessfully in 2022. Recognizing the critical importance of this funding to the region, MCTA moved forward with a new approach for a renewal in 2024 through a publicly driven process facilitated by MCTA staff and DKS Associates with additional support from City of Madera, City of Chowchilla and County of Madera staff(as a whole, County) .
DISCUSSION:
The 2024 Measure T Expenditure Plan (Plan) was developed through a comprehensive public outreach program that asked residents to identify their priorities for future transportation programs and projects. The Plan was developed by the Measure T Steering Committee (Committee) which met between October 2023 and April of 2024. Four members from each supervisorial district were independently selected based on applications submitted. A series of meetings and a tour of the County were held from October through April 2024.
Outreach included:
Development of a Measure T website with all information relevant to past expenditures, plans, and impacts of Measure T on the County and the Cities of Chowchilla and Madera which was utilized by over 1,000 individuals. Over 30 meetings with community organizations and leaders representing diverse viewpoints.
A series of nine Town Hall Public Meetings.
Online engagement, including the use of a participatory budgeting tool to indicate support for proposed investments.
Mailer to all County residents and businesses.
Print ads in local newspapers promoting engagement opportunities. Social media ads and posts promoting engagement opportunities.
Additionally, two statistically valid telephone polls of all County residents were conducted. This information was provided to the Committee and was used as the foundation for the discussion as to how to move forward with a new plan. Each poll was previously presented to the MCTA Board (Board) to review results.
Measure Specifics
The Committee voted unanimously at its April 23, 2024, meeting to submit this proposed Plan for the Board’s approval. The Board the considered the Plan on May 29, 2024 and directed that it be circulated to the local jurisdictions to consider approval. The entire Plan is attached for your review and reference. Highlights include the following specifics:
Sunset to occur after 20 years.
Generate approximately $22 million per year based on ½ cent sales tax for an estimated total of $440 million throughout the measure’s lifetime. Allow local jurisdictions to continue to compete for State and Federal grants and leverage funds, thereby increasing revenues.
Greater funding and transparency for the Citizens Oversight Committee (COC) to ensure projects and programs in the Plan are funded and/or completed. More aggressive outreach and education programs to encourage public participation in the development of Measure T Annual Work Plans.
Revenue Allocation:
80% - Local Control ($352 Million with $35.2 Million for Disadvantaged Communities) Recognizing that streets are the backbone of our transportation system, this Plan provides 80 percent of revenue to local cities and Madera County, distributed primarily based on population adjusted annually based on Census Data from the State Department of Finance.
Each agency will annually identify specific streets and roads that will be prioritized for repair and/or refurbishment and hold annual public meetings to review the proposed Plan prior to adoption by the local agency and the MCTA board.
Each agency shall have the flexibility to allocate funds based on the unique needs of its communities to address:
Local Street and Road Maintenance
Evacuation Planning
Safe Routes to School
Bike and Pedestrian/Active Transportation
Ten percent of the funds will be allocated specifically for disadvantaged communities. For purposes of this measure, MCTA will use screening from the US Climate and Economic Justice Screening tool (CEJST). The tool uses datasets as indicators of burdens. The burdens are organized into categories. A community is highlighted as disadvantaged on the CEJST map if it is in a census tract that is (1) at or above the threshold for one or more environmental, climate, or other burdens, and (2) at or above the threshold for an associated socioeconomic burden.
In addition, a census tract that is completely surrounded by disadvantaged communities and is at or above the 50th percentile for low income is also considered disadvantaged. Agencies may also use California Climate Investments Priority Populations 2023, Enviro-screen, or other recognized data collector.
14.5% - Regional Projects ($63.8 Million)
These funds will be used for planning, project development, right-of-way, and/or construction of major corridor capital projects. Proposed regional projects may be at different stages of implementation. All proposed projects will have been included in the most recently adopted MCTC Regional Transportation Plan. Local agencies will submit projects for consideration by the MCTA Board.
4% - Transit Services ($17.6 Million)
Funds will be used for public transit operations, maintenance, and infrastructure improvements. They may also supplement local, state, and federal funds for cost of transit service. These funds will be allocated by population to public transit providers to support or enhance public transit service throughout the region. This may include increasing frequency of service, identifying new routes, and/or investing in ride sharing services. These funds may be used for specialized need-based door-through-door transportation and other services for all residents including students, seniors, veterans, and persons with disabilities.
1.5% Administrative Expense Cap ($6.6 Million)
These funds may be used for the following tasks:
Contracting with an independent financial auditor to review all annual Measure T revenues and expenses.
Contracting with any additional auditor, consultant, etc. to perform additional reviews as needed.
Maintenance of a Measure T specific website which will include information regarding the actions of the COC and updates as to how Measure T funds were used by local agencies.
Staffing and support for the COC, including agendas, staff reports, minutes, and financial statements.
General public outreach and support to provide transparency regarding Measure T expenditures and work performed by the agency.
An annual bilingual report to include investments made by each agency using Measure T funds, including specific projects, tasks, or work performed:
Including project status (completions, milestones)
Specific references to actual investments made by agency, by project, and by location.
Any other required or necessary administrative task.
Reimbursement for travel to and from COC meetings at the current Federal rate for mileage and public transit.
Relevant training for members.
Expenditures on staff salaries, wages, benefits, and overhead necessary to administer the program will be limited to no more than one percent of the annual gross revenues provided by the measure.
Table 1: Key Election Calendar Dates
Date(s) Action
May 29, 2024 MCTA reviews and conceptually approves Expenditure Plan and sends it to Cities and County to adopt and requests County ratify Authority extended term (Resolution or Motion)
June 5, 2024 City of Madera Approves Expenditure Plan Resolution and Term Extension
June 11, 2024 County of Madera Approves Expenditure Plan Resolution and Term Extension
June 11, 2024 City of Chowchilla Approves Expenditure Plan Resolution and Term Extension
June 12, 2024 Special Meeting - MCTA 1st Reading of Ordinance Approving Expenditure Plan and Measure T Extension (count call of election) June 19, 2024 Regular Meeting - MCTA 2nd Reading, Adopts Ordinance Approving Expenditure Plan and Measure T Extension [Need 2/3 vote of Board], and
MCTA adopts Resolution requesting call for election and submitting ordinance to the Voters. [Need 2/3 Vote of Board]
July 9, 2024 County of Madera Approves Resolution Calling for Election and confirming items
August 9, 2024 Last Day to File Resolution with Board of Supervisors/ Election Office Requesting Consolidation with the Election
88 days prior to election
November 5, 2024 Election Day
FINANCIAL IMPACT:
Passage of the Ordinance by Voters would not have a financial impact on the General Fund as the City currently receives funds from the current Measure T program. Rather, passage avoids possible impacts due to loss of funds if program expires on March 31, 2027.
ALTERNATIVES:
Not approve resolution. This action would result in overall failure of the Plan and beginning in 2027 impacts to the General Fund.
ATTACHMENTS:
1. Resolution
Exhibit A - Measure T 2024 Draft Expenditure Plan
Attachment 1
Resolution
RESOLUTION NO. 24-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA, APPROVING THE MEASURE T 2024 EXPENDITURE PLAN WHEREAS, since 1990, transportation improvements in Madera County have been supported by a ½ cent sales tax currently known as Measure T, which has funded many important transportation improvements that have been completed or are in progress in communities throughout Madera County; and
WHEREAS, Measure T has funded highway and interchange upgrades, road repair and improvements, public transit, bike and pedestrian safety and other programs to relieve traffic congestion and provide safe and affordable transportation options for all residents throughout Madera County; and
WHEREAS, Measure T provides approximately $16 million per year in locally controlled funding for local transportation projects and has allowed the local jurisdictions to leverage state and federal matching funds to make priority repairs and transportation improvements to meet Madera County’s transportation needs; and
WHEREAS, Measure T provides local control by directly funding transportation improvements in the, City of Madera, City of Chowchilla, and communities throughout unincorporated Madera County; and
WHEREAS, Measure T expires in 2027 even though transportation funding needs remain paramount in the County;
WHEREAS, pursuant to Public Utilities Code Section 180206, the Madera County 2006 Transportation Authority (the “Authority”) has prepared a county transportation expenditure plan, known as the Measure T 2024 Expenditure Plan (“Expenditure Plan”), to be used in connection with a renewal of Measure T past the 2027 deadline; and WHEREAS, the Expenditure Plan was prepared with the assistance of a steering committee comprised of stakeholders, including representatives from each county supervisorial district; and
WHEREAS, community surveys, mailers and public meetings were held to gain input from the community; and
WHEREAS, the Expenditure Plan is hereby presented to the Madera City Council and is attached as Exhibit A hereto; and
WHEREAS, pursuant to Public Utilities Code Section 180206, Expenditure Plan must be approved by the City of Madera;
WHEREAS, the City Council hereby desires to approve the extension Measure T and the Expenditure Plan.
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. Pursuant to Public Utilities Code Section 180206 and applicable law, the City Council hereby approves of the Measure T 2024 Expenditure Plan presented herewith to the Council and attached hereto as Exhibit A and by this reference incorporated herein, with such changes as may be approved by the Authority in connection with its final approval of the Expenditure Plan.
3. The City Council approves of the extension of the term of the Authority to implement the Expenditure Plan and future renewals of Measure T and expenditure plans related to Measure T.
4. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
5. This resolution is effective immediately upon adoption. * * * * * * * * * * *
Exhibit A
Measure T 2024 Draft Expenditure Plan
1 Measure T 2024
DRAFT Expenditure Plan
Madera County voters are being asked to renew Measure T as a 20-year, ½ cent sales tax to continue to maintain and improve local streets and roads and the overall transportation systems.
The 2024 Measure T Expenditure Plan (“Plan”) was developed through a comprehensive public outreach program that asked residents to identify their priorities for future transportation programs and projects. The plan was developed by the Measure T Steering Committee which met between October 2023 and April of 2024. Four members from each supervisorial district were independently selected based on applications submitted.
Outreach included:
• Development of a Measure T website with all information relevant to past expenditures, plans, and impacts of Measure T on the County and the Cities of Chowchilla and Madera.
• Over 30 meetings with community organizations and leaders representing diverse viewpoints.
• A series of nine Town Hall Public Meetings.
• Online engagement, including the use of a participatory budgeting tool. • Mailer to all County residents and businesses.
• Print ads in local newspapers promoting engagement opportunities. • Social media ads and posts promoting engagement opportunities.
Additionally, two statistically valid telephone polls of all County residents were conducted. The Plan has been unanimously supported and approved by the Madera County Transportation Authority, the City of Chowchilla, the City of Madera, and the Madera County Board of Supervisors.
The renewal of Measure T will:
• Generate approximately $22 million per year based on ½ cent sales tax for an estimated total of $440 million throughout the measure’slifetime. • Be used for LOCAL projects and LOCAL priorities, prohibiting Sacramento from taking possession of these funds.
• Allow local jurisdictions to continue to compete for State and Federal grants and leverage funds, thereby increasing revenues. • Deliver an Expenditure Plan with an increased emphasis on local streets and roads maintenance; and
• Include a Citizens Oversight Committee (COC) to ensure projects and programs in the Plan are funded and/or completed.
2 The Expenditure Plan
Revenue Estimates and Distribution
Over the 20-year plan, it is estimated that $440 million will be generated for local transportation investments. The estimated $440 million was calculated based on a five-year average of sales tax revenues throughout the county, which was then reduced to reflect a conservative estimate.
The estimated revenue and allocation among categories are based on the 2024 value of money and are not binding or controlling. Transportation sales tax funds shall be allocated based on the percentage of revenue received.
This funding will serve as an investment that will leverage future local, State, and Federal grant opportunities. Funds will be used for all phases of project implementation, including planning, environmental, permits, design, right-of-way, and/or construction capital and operations projects. State and Federal fund sources that may also be used to implement transportation projects and programs in the next decade include the State Regional Transportation Improvement Program (STIP), Inter-Regional Transportation Improvement Program (ITIP), Infrastructure Investment and Jobs Act (Bipartisan Infrastructure Law, [BIL]), Federal Congestion Mitigation Air Quality, Regional Surface Transportation Funds, and Local Funding (e.g., developer fees, general funds, and Transportation Development Act funds.
All revenue estimates and allocations in this Plan are for illustrative purposes. Actual net revenues may fall above or below the projections in the Expenditure Plan; therefore, actual revenue allocations to each category will be based on the percentages contained herein.
No revenue generated from this tax shall be used to replace fair share contribution from new development.
Revenues provided from this measure shall not be used to replace private developer funding that has been or will be committed for any project to help alleviate the direct traffic impacts of any new or redeveloped residential, commercial, or industrial development in Madera County or its cities.
Maintaining Local Transportation Funding Efforts
The local jurisdictions will certify in an annual verification submitted to Madera County Transportation Authority (MCTA) that these transportation funds will be used to augment and not supplant local resources spent. For purposes of this calculation an average of the prior three (3) years spent for local transportation purposes as defined in the Ordinance will be used.
3 Eligibility Verification
The cities and County will select transportation projects that meet the eligibility criteria identified in this Plan. The local jurisdictions will certify in the annual verification submitted to the MCTA that these transportation funds were used for eligible expenses.
Local Streets and Roads, 80% with 10% Set Aside for Disadvantaged Communities
$352 Million Total with $35.2 Million for Disadvantaged Communities Recognizing that streets are the backbone of our transportation system, this Plan provides funds to local cities and Madera County, distributed primarily based on population adjusted annually based on Census Data from the State Department of Finance.
Each jurisdiction will annually identify specific streets and roads that will be prioritized for repair and/or refurbishment and hold annual public meetings to review the proposed plan prior to adoption by the local jurisdiction and the MCTA board.
Each jurisdiction shall have the flexibility to allocate funds based on the unique needs of its communities to address:
• Local Street and Road Maintenance
• Evacuation Planning
• Safe Routes to School
• Bike and Pedestrian/Active Transportation
Definition of Local Streets and Roads
Local Streets and Roads include roads that primarily serve local and regional traffic in the City and County areas, including Local neighborhood/residential streets, Major/Minor Collectors, Principal/Minor Arterials, and Local Expressways, as well as local alley ways.
These funds may be used for:
• Repair and maintenance of local roadways. These funds must be used to augment current transportation spending and cannot be used to replace a local jurisdiction’s general fund expenditures.
• Upgrades to local intersections, road widening, signalization, bridge replacements and/or traffic calming methods.
• Projects that include local connectivity between communities, local schools, trails, and recreation facilities.
• Evacuation planning and preparedness.
4 • Maintaining, improving, or constructing streets, roads, bridges, and bicycle and pedestrian facilities.
• Community enhancements, such as downtown streetscapes, transportation enhancements, wayfinding, and accessibility improvements, street lighting,street furniture, and trees.
• Safety improvements.
• Programs that reduce transportation demand.
• Storm damage repair to transportation facilities.
• Roadway facilities.
• Traffic signal coordination, intersection and channelization, and traffic management.
• Alleys, pathways, and other routes.
• Stormwater collection management to prevent roadway flooding, prioritizing locations of historic flooding and/or washouts.
• Funds may be used for regional or transit projects as defined in the plan at the discretion of the jurisdiction.
Definition of Disadvantaged Communities
For purposes of this measure, MCTA will use screening from the US Climate and Economic Justice Screening tool (CEJST). The tool uses datasets as indicators of burdens. The burdens are organized into categories. A community is highlighted as disadvantaged on the CEJST map if it is in a census tract that is (1) at or above the threshold for one or more environmental, climate, or other burdens, and (2) at or above the threshold for an associated socioeconomic burden.
In addition, a census tract that is completely surrounded by disadvantaged communities and is at or above the 50% percentile for low income is also considered disadvantaged.
Jurisdictions may also use California Climate Investments Priority Populations 2023, Enviroscreen, or other recognized data collector.
Regional Projects, 14.5%
$63.8 Million
These funds will be used for planning, project development, right-of-way, and/or construction of major corridor capital projects. Proposed regional projects may be at different stages of implementation. All proposed projects will have been included in the most recently adopted MCTC Regional Transportation Plan. Local jurisdictions will submit projects for consideration and/or approval by the MCTA Board.
Transit, 4%
$17.6 Million
Funds will be used for public transit operations, maintenance, and infrastructure 5 improvements. They may also supplement local, state, and federal funds for cost of transit service. These funds will be allocated by population to public transit providers to support or enhance public transit service throughout the region. This may include increasing frequency of service, identifying new routes, and/or investing in ride sharing services. These funds may be used for specialized need-based door-through-door transportation and other services for all residents including students, seniors, veterans, and persons with disabilities.
1.5% Administrative Expense Cap
$6.6 Million
These funds may be used for the following tasks:
• Contracting with an independent financial auditor to review all annual Measure T revenues and expenses.
• Contracting with any additional auditor, consultant, etc. to perform additional reviews as needed.
• Maintenance of a Measure T specific website which will include information regarding the actions of the COC and updates as to how Measure T funds were used by local agencies.
• Staffing and support for the COC, including agendas, staff reports, minutes, and financial statements.
• General public outreach and support to provide transparency regarding Measure T expenditures and work performed by the jurisdictions.
• An annual bilingual report to include investments made by each jurisdiction using Measure T funds, including specific projects, tasks, or work performed:
o Including project status (completions, milestones)
o Specific references to actual investments made by jurisdiction, by project, and by location.
• Any other required or necessary administrative task.
• Reimbursement for travel to and from COC meetings at the current Federal rate for mileage and public transit.
• Relevant training for members.
Expenditures on staff salaries, wages, benefits, and overhead necessary to administer the program will be limited to no more than one percent (1%) of the annual gross revenues provided by the measure.
Safeguards Built Into The Plan
This Expenditure Plan includes taxpayer safeguards to ensure that the projects and programs allowed by voters are funded and delivered.
6 Citizens Oversight Committee (COC)
An independent Citizens Oversight Committee will be created to provide an enhanced level of accountability for expenditures made under the Plan to ensure that the financial integrity and performance of the program(s) are maintained. The committee will include one representative and one alternate from each Supervisorial District. These are all volunteer positions. Members will be selected based on a review of applications and/or interviews conducted by the current COC Chair, the finance officer from the Madera County Transportation Commission (MCTC), and a third mutually agreed upon individual preferably with a background in accounting and/or citizen oversight. Applicants with accounting, transportation, or government experience are encouraged to apply but this experience is not a requirement. Members will then be approved by the MCTA Board. Members must meet the following criteria:
• Be a United States citizen, over 18, and a resident of the District represented. • Not be a current or former elected official less than three years out of office. • Not be a public employee, spouse, or child of any of the MCTC member agencies or MCTC.
• Not be a former public employee of any of the MCTC member agencies or MCTC with less than three years from separation.
• Agree to complete California Statements of Economic Interest (Form 700) on an annual basis.
Appointments will be for four years with the first committee members from District 2 and 4 serving two years and four years thereafter. The COC will select a Chair every two years who will be responsible for conducting the meeting; however, this position has no greater authority than any other member. The Chair will make formal presentations to the MCTA Board on not less than a quarterly basis.
The Citizens Oversight Committee will be governed by its own bylaws which will be adopted by the Citizens Oversight Committee.
Annual Independent Audit and Annual Reporting
The COC may select qualified firms to provide an additional review of the completed annual fiscal and compliance audits, submitted expenditure reports, and any other available information to assure that the revenues expended are reasonable and compliant with the approved Expenditure Plan. The audits and the Annual Report must be published and made available to the public.
Sunset Date
7 This measure terminates in 20 years.
REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: June 5, 2024
Agenda Number: D-7
Wendy Silva, Director of Human Resources
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Temporary authority for the City Manager to offer higher than C-step for Deputy City Engineer, Senior Civil Engineer, and Senior Planner candidates
RECOMMENDATION:
Adopt a Resolution providing the City Manager temporary authority to offer candidates considered for Deputy City Engineer, Senior Civil Engineer, and Senior Planner positions higher than C-step on the assigned salary range for the classifications for a period not to exceed twelve (12) months
SUMMARY:
The City of Madera has Personnel Rules and Regulations that provide the framework for administration of the City’s Civil Service System, including hiring of employees and assignment to the City’s salary schedule. Specifically, Rule XII. Salary and Merit Increases, Section 2.
Assigned to Salary Schedule, states:
Each position in the City's Classified Service shall be assigned a range number in accordance with the normal initial compensation and salary steps of such classification of employment as shown in the salary schedule.
(a) The first step of the salary schedule of the particular job classification shall apply to employees upon original appointment. However, the City Administrator [Manager] may appoint at any step up to and including the third step, if it is found not practical or possible to recruit qualified personnel at the first step or if the employee's background merits it.
The requested action is to provide the City Manager temporary authority for a period not to exceed twelve (12) months to offer candidates for the specific classifications of Deputy City Engineer, Senior Civil Engineer, and Senior Planner higher than C-step (third step) on the six (6) step salary range for the position if their education and experience support starting at a higher step.
DISCUSSION:
The City currently has one (1) vacant Deputy City Engineer position, two (2) vacant Senior Civil Engineer positions, and one (1) vacant Senior Planner. Individuals in these classifications are considered advanced journey-level professionals and bring several years of applicable work experience with them. They are often well-seasoned professionals who are currently earning at the higher end of the applicable salary range and offering a lower salary does not result in joboffer acceptance.
The City’s Personnel Rules and Regulations provide that the City Manager has authority to offer up to the third step in the assigned salary range, or C-step. The City’s salary ranges have a total of six (6) steps, labeled as steps A through F. The requested action would provide the City Manager with temporary authority to offer candidates for Deputy City Engineer, Senior Civil Engineer, and Senior Planner up to F-step, depending on the applicant’s qualifications.
FINANCIAL IMPACT:
All positions being considered are included in the adopted budget. Actual expenditures will be determined by specific step placement within the adopted salary range for the position once hired.
ALTERNATIVES:
Council could direct staff to explore additional compensation elements for attracting qualified professional engineers and planners.
ATTACHMENTS:
1. Resolution
Resolution No.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA
PROVIDING THE CITY MANAGER TEMPORARY AUTHORITY TO OFFER DEPUTY CITY ENGINEER,
SENIOR CIVIL ENGINEER, AND SENIOR PLANNER CANDIDATES HIGHER THAN C-STEP ON THE
ASSIGNED SALARY RANGE
WHEREAS, the City of Madera (the “City”) has an adopted set of Personnel Rules and Regulations; and
WHEREAS, said Rules and Regulations provide that the City Manager may appoint new hires up to the third step (Step-C) of the assigned salary range for the job classification they are being hired to; and
WHEREAS, the City is in critical need of qualified staff with significant industry experience in both the planning and engineering departments; and
WHEREAS, upon analysis of prior work experience and qualifications, it may be prudent to offer applicants for the positions of Deputy City Engineer, Senior Civil Engineer, and Senior Planner higher then C-Step in order to secure their employment with the City of Madera.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF MADERA hereby resolves, finds, and orders as follows:
1. The above recitals are true and correct.
2. For a period of twelve (12) months beginning June 6, 2024, the City Manager is authorized to offer a salary step higher than C Step to qualified applicants for the positions of Deputy City Engineer, Senior Civil Engineer, and Senior Planner upon analysis of work experience and qualifications.
3. This authorization will terminate after twelve (12) months.
4. This resolution is effective immediately upon adoption. ********************
REPORT TO CITY COUNCIL
Council Meeting of: June 5, 2024
Agenda Number: E-1
Keith Helmuth, Department Director
Arnoldo Rodriguez, City Manager
SUBJECT:
Madera Subbasin Joint Groundwater Sustainability Plan (GSP) – Consideration of GSP Five-Year Update Relative to Participation
RECOMMENDATION:
Receive update and provide direction regarding information relative to participation in the cost of the GSP Five-Year Update (Update)
SUMMARY:
As part of the City Council (Council) meeting of April 3, 2024, Council provided direction relative to participation in the cost of preparing the Update as well as in the domestic water well mitigation program. In accordance with Council’s direction, the City notified Madera County (County) of Council’s direction to staff. This direction was different than that which was recommended by the Madera Irrigation District (MID). The County subsequently indicated that they need all four GSAs to participate in the GSP cost according to only one single formula.
DISCUSSION:
Five-Year Update Participation
As part of the April 3, 2024 Council meeting, Council directed staff to present an offer to the County that it would participate in the Update based on proportional percentage of acreage in the City relative to the total amount contained within the Madera Subbasin. The participation based on the previously reported value of 10,100 acres within the GSP is 3.1 percent. Subsequent to reporting this value, staff realized that it did not include annexations that have occurred since Approved by:
Groundwater Sustainability Agency
the initial GSP was prepared. Without preparing a detailed tally, those annexations likely increased the GSA’s area by more than 2,100 acres to a total that now exceeds 12,200 acres. This would have a corresponding increase in impact that would increase the 3.1 percent value presented to the Council to greater than 3.7 percent.
The City’s selection of participation conflicts with MID’s proposal that costs be shared based on the effort required by the consultant for each GSA. As such, the County has now indicated that all GSAs must agree to a common methodology. Of note, prior to the April 3 Council meeting, staff had confirmed with the County that the City was not obligated to agree to the proposal by MID. Rather, it could make a selection of its preference. Staff was not told that all GSAs had to agree to the same methodology.
The basis for the MID proposal is that “there will be significantly more time and effort required on behalf of some GSAs based on their progress (or non-progress) than others who have completed their projects and are well ahead of the implementation schedule”.
Given the conflict in proposed methodologies, staff reached out to MID in an effort to gauge how steadfast they were in their position. MID indicated they will be maintaining their position that costs should be shared on the basis of actual effort required on behalf of each GSA. It was reiterated that they believe the effort will be greater for those that have not made progress and less for those that have. This assertion may be true for MID but is likely far less certain for the City. It could also be asserted that actual costs could include one quarter of the costs to prepare of those portions of the report that may not rely on individual GSA progress and rerunning the model to whatever degree it needs to be updated as two examples of what may be many. In response to staff’s summary of the conversation with MID to the County, the County contacted the consultant to get an opinion of costs per GSA. Initially, the consultants answer was that it was hard to accurately estimate at this time.
About a week later, staff did receive an estimate of cost from the consultant based on assumed effort per zone. The estimate assumed certain tasks would be split equally. Those tasks, their total value and split per GSA are presented in the following GSA Cost Summary table:
Table 1: GSA Cost Summary
Task Total
Task Cost
Agency
MID City Madera
Water
District
County
Task 1 - Project
Management and
Coordination
$19,220 Equal
$4,805
Equal
$4,805
Equal
$4,805
Equal
$4,805
Task 2 - Project
Technical Meetings and
Outreach
$84,093 Equal
$21,023.25
Equal
$21,023.25
Equal
$21,023.25
Equal
$21,023.25
Task 3 – Planning and
Coordination
$50,498 Equal
$12,624.50
Equal
$12,624.50
Equal
$12,624.50
Equal
$12,624.50
Task 4 – Evaluate and
Update GSP
Implementation
Progress
$96,580 20%
$19,316
20%
$19,316
20%
$19,316
40%
$38,632
Task 5 – Reevaluate
and Revise GSP
Contents
$133,504 20%
$26,700.80
20%
$26,700.80
20%
$26,700.80
40%
$53,401.60
Task 6 – Prepare and
Submit the Periodic
Evaluation and
Updated GSP
$55,016 20%
$11,003.20
20%
$11,003.20
20%
$11,003.20
40%
$22,006.40
Total $438,911 $95,472.75 $95,472.75 $95,472.75 $152,492.75 Given the above discussion, staff is requesting direction from Council as to whether it wishes to revise direction with regard to level of participation into the cost of the Five-Year Update. Staff’s original opinion was that a split on the basis of acreage or the method proposed by MID that accounts for effort associated with each individual GSA be utilized rather than a 25 percent split.
It did not recommend one or the other.
As a reminder, it is anticipated funding for the Update will be provided by the four GSAs that are a party to the GSP. The proposed consultant fee is $438,911. While consultant fees for the original GSP were largely paid by grants, it is not currently anticipated grant funds will be available. As such, the fees would need to be split amongst the four GSAs.
Possible funding allocation splits include:
Split equally
o $109,727 per GSA
Split by GSA acreage
o City – Approximately 3.7% or $16,240 based on 12,200 acres o County – 54.6% or $239,786 based on 177,800 acres (or as may be adjusted downward as a result of City annexations)
o MID – 41.1% or $180,514 based on 133,850 acres (or as may be adjusted downward as a result of City annexations)
o MWD - $1.1% or $4,990 based on 3,700 acres
Based on actual effort associated with each GSA – 95,472.75 - See Cost Summary table for details.
Domestic Well Mitigation
At present, there has been no objection to the Council direction that we participate based on impacts to the Madera Subbasin, current estimate at 3% is based on the last credible values from previous year’s impacts.
FINANCIAL IMPACT:
It is not anticipated there will be an impact to the City’s General Fund as directly related to this report. Cost impacts associated with the Update and domestic well mitigation, are at his time believed to be tied to the Water Fund. Should that change, the General Fund would be the likely source of funding.
ALTERNATIVES:
This report currently seeks input based on various alternatives included within the report itself.
Staff is grateful for any other alternatives Council may present.
ATTACHMENTS:
None
REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: June 5, 2024
Agenda Number: E-2
Alicia Gonzales, City Clerk
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Mayor’s Appointments to the San Joaquin River Conservancy Board RECOMMENDATION:
Approve a Minute Order Approving the Mayor’s Appointment to the San Joaquin River Conservancy Board
BACKGROUND:
Every two years, the Mayor reviews a list of committee assignments to determine the Council’s interest in serving as the City’s representative to various outside boards, commissions, and committees to serve a two-year term. The Mayor is responsible for appointing members of the City Council to serve on various local and regional committees and organization boards, as well as liaisons for City initiatives. The most recent committee assignments were determined on February 1, 2023. On May 1, 2024 Councilmember Anita Evans submitted her resignation to serve on the San Joaquin River Conservancy (SJRC), creating a vacancy on the board.
DISCUSSION:
On February 1, 2023, Mayor Garcia proposed new appointments to outside boards and commissions also known as Mayor’s Appointments. Due to the recent resignation of Councilmember Evans from the San Joaquin River Conservancy Board, Mayor Garcia, with the City Council's approval, shall appoint a new member of the Council to serve as the primary representative on the SJRC Board. Per the City Attorney, it is necessary for the Council to approve the Mayor’s appointments. This is based on Government Code Section 40605 states as follows:
“In general law cities where the office of mayor is an elective office pursuant to Article 5 (commencing with Section 34900) of Chapter 7 of Part 1 of Division 2 of Title 4, the mayor, with the approval of the city council, shall make all appointments to boards, commissions, and committees unless otherwise specifically provided by statute.”
FINANCIAL IMPACT:
There is no financial impact as Councilmembers are provided a flat stipend and do not receive additional compensation for serving on additional boards, commissions, or committees.
ALTERNATIVES:
In the event the Council does not approve the appointment, the Mayor has the prerogative to make an alternative appointment for submission to the Council at a future date.
ATTACHMENTS:
1. Mayor’s Appointments to Outside Boards Worksheet
2023 & 2024 Mayor’s Appointment Worksheet
Committee
2021 &2022 Appointments 2023 & 2024 Appointments
Primary
Councilmember
Alternate
Councilmember
Primary
Councilmember
Alternate
Councilmember
Central California Women’s Facility (CCWF) Citizens
Advisory Board
Councilmember
Evans
Councilmember
Villegas
Councilmember
Evans
Mayor Pro Tem
Mejia
Madera County Local Child Care and Development
Planning Council (LPC) Steering Committee
Councilmember
Villegas
Councilmember
Evans
Councilmember
Villegas
Councilmember
Evans
Community Action Partnership of Madera Co. Inc.
(CAPMC)
Councilmember
Montes
Councilmember
Villegas
Councilmember
Montes
Councilmember
Evans
Madera County Economic Development
Commission (EDC) Mayor Garcia Councilmember Rodriguez Mayor Garcia CouncilmemberRodriguez Madera County Transportation Commission (MCTC) Councilmembers Gallegos & Rodriguez Mayor Garcia Councilmembers Gallegos & Rodriguez Mayor Garcia San Joaquin River Conservancy (SJRC) Mayor Garcia Councilmember Evans Vacant Mayor Pro TemMejia
City Selection Committee – The Mayors of Madera and Chowchilla serve on this committee. The City Selection Committee is administered by the Madera County Clerk of the Board – The City Selection Committee meets as needed to make appointments to LAFCO and SJVAPCD Citizen Advisory Committee
Committee
2021 &2022 Appointments 2023 & 2024 Appointments
Primary
Councilmember
Alternate
Councilmember
Primary
Councilmember
Alternate
Councilmember
Local Agency Formation Commission (LAFCO)
Councilmember
Rodriguez
Councilmember
Montes
Effective 1/23/20-
1/31/24
Appointments are made by the City Selection
Committee
San Joaquin Valley Air Pollution Control District
Citizen Advisory Board (SJVAPCD) Appointments are made by the City Selection Committee SJVAPCD Special City Selection Committee - Valley-wide Special City Selection Committee is charged with making appointments of City representatives to the San Joaquin Valley Air Pollution Control District’s (SJVAPCD) Governing Board Committee
2021 & 2022 Appointments 2023 & 2024 Appointments
Primary
Councilmember
Alternate
Councilmember
Primary
Councilmember
Alternate
Councilmember
SJVAPCD Special City Selection Committee Councilmember
Gallegos
Councilmember
Montes Mayor Garcia Councilmember Evans
San Joaquin Valley Unified Air Pollution Control
District (SJVAPCD) Governing Board
Appointments are made by the SJVAPCD Special City Selection Committee (SJVAPCD Central Region-Small City Rotation)
Committee Information List
Central California Women’s Facility (CCWF) Citizens Advisory Board CCWF
Courtney Waybright, Community Resource Manager (A)
23370 Road 22, Chowchilla 93610
Phone: (559) 665-5531, ext. 5104
[email protected]
Valley State Prison (VSP)
Tracy Costa, Community Resource Manager
21633 Ave. 24, Chowchilla 93610
Phone: (559) 665-6100 ext. 5474
[email protected]
Meets 2nd Tuesday of the month at 3:00 p.m. virtually via Zoom San Joaquin River Conservancy
Vanessa Gavina, Staff Services Analyst
5469 E. Olive Ave., Fresno
Phone: (559) 253-7324
[email protected]
Meets 3rd Wednesday at 10:00 a.m. March-October and 10:30 a.m. NovemberFebruary at Fresno Metropolitan Flood Control Office /Zoom Madera County Local Child Care and Development Planning Council (LPC) Steering Committee
Gabriela Maher, Administrative Assistant
Madera Co. Office of Education (MCOE)
1105 S. Madera Ave., Madera 93637
Phone: (559) 673-6051/(559) 662-3825
[email protected]
Meets quarterly at 11:30 a.m.-1:30 p.m. virtually via Zoom Local Agency Formation Commission (LAFCO)
Joann Zuniga, Administrative Assistant
Madera County
200 W. 4th Street
Phone: (559) 675-7821
[email protected]
Each city appoints a primary member. Alternate is one appointment from either city. Meets on the 4th Wednesday at 6:00p.m. at Madera Co. Government Center Community Action Partnership of Madera Co. Inc. (CAPMC) Cristal Sanchez, Assistant to Executive Director
1225 Gill, Madera
Phone: (559) 673-9173/559-675-5748
[email protected]
Meets 2nd Thursday at 5:30 p.m. at CAPMC Board Room
San Joaquin Valley Air Pollution Control District Citizen Advisory Board (SJVAPCD)
Katrina Rojas, Interim Deputy Clerk to the Boards
1990 E. Gettysburg, Fresno
Phone: (559) 230-6001
[email protected]
City selection committee appointment. Informational Only.
Meets 1st Tuesday at 10:00 a.m. at Fresno Office/Zoom
Madera County Economic Development Commission (EDC)
Lois Leonard, Office Manager
2425 W. Cleveland Ave., Madera
Phone: (559) 675-7768
[email protected]
Executive Committee meets monthly 2nd Wednesday at 3:00 p.m.
Commission meets quarterly 2nd Wednesday at 3:00 p.m. virtually via Zoom
SJVAPCD (SJV) Special City Selection Committee
Katrina Rojas, Interim Deputy Clerk to the Boards
1990 E. Gettysburg, Fresno
Phone: (559) 230-6001
[email protected]
The valley-wide Special City Selection Committee is charged with making appointments of city representatives to the SJVAPCD Governing Board.
Meets as needed at Fresno office/Zoom
Madera County Transportation Commission (MCTC)
Sandy Ebersole, Administrative Analyst
2001 Howard Rd., Ste. 201, Madera
Phone: (559) 675-0721
[email protected]
Meets 3rd Wednesday at 3:00 p.m., MCTC Board Room/Zoom
San Joaquin Valley Unified Air Pollution Control District (SJVAPCD) Governing Board
Katrina Rojas, Interim Deputy Clerk to the Boards
1990 E. Gettysburg, Fresno
Phone: (559) 230-6001
[email protected]
Meets the third Thursday at 9:00 a.m. at Fresno office/Zoom Madera City Council Meeting
June 5, 2024
Agenda Item: E-3
PG&E Policy and Customer
Resource Update
(Report by Nathan Alonzo, PG&E)
There is no written report for this item.