Madera City Council
July 17, 2024

For the avoidance of doubt, all funds allocated to California from the Settlements shall be combined pursuant to the Allocation Agreements, and 15% of total from each settlement shall be allocated to the State of California (the “State of California Allocation”), 70% to the California Abatement Accounts Fund (“CA Abatement Accounts Fund”), and 15% to the California Subdivision Fund (“CA Subdivision Fund”); and,
WHEREAS, under the Master Settlement Agreements, certain local subdivisions that did not file a lawsuit against the Settlement Defendants may qualify to participate in the settlements and obtain funds from the Abatement Account Fund; and,
WHEREAS, the City is eligible to participate in the Settlement and become a CA Participating Subdivision; and,
WHEREAS, the funds in the CA Abatement Accounts Fund (the 70% allocation) will be allocated based on the allocation model developed in connection with the proposed negotiating class in the National Prescription Opiate Litigation (MDL No. 2804), as adjusted to reflect only those cities and counties that are eligible, based on population or litigation status, to become a CA Participating Subdivision (those above 10,000 in population). The percentage from the CA Abatement Accounts Fund allocated to each CA Participating Subdivision is set forth in Appendix 1 to the Allocation Agreements and provided to the City Council with this Resolution. The City’s share of the CA Abatement Accounts Fund will be a product of the total in the CA Abatement Accounts Fund multiplied by the City’s percentage set forth in Appendix 1 of the Allocation Agreements (the “Local Allocation”); and,
WHEREAS, a CA Participating Subdivision that is a city will be allocated its Local Allocation share as of the date on which it becomes a Participating Subdivision. The Local Allocation share for a city that is a CA Participating Subdivision will be paid to the county in which the city is located, unless the city elects to take a direct election of the settlement funds, so long as: (a) the county is a CA Participating Subdivision, and (b) the city has not advised the Settlement Fund Administrator that it requests direct payment at least 60 days prior to a Payment Date; and, WHEREAS, it the intent of this Resolution is to authorize the City to enter into the Master Settlement Agreements with the Settling Defendants by executing the Participation Agreements and to enter into the Allocation Agreements by executing the signature pages to those agreements.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Madera hereby approves and authorizes the City Manager to settle and release the City’s claims against the Settling Defendants in exchange for the consideration set forth in the Settlement Agreements, Allocation Agreements and all exhibits thereto, including, without limitation, taking the following measures:

Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Section 2. Approval and Authorization. The City Manager is hereby approved and authorized to settle and release the City’s claims against the Settling Defendants in exchange for the consideration set forth in the Master Settlement Agreements, Participation Agreements, Allocation Agreements, and all exhibits thereto.

Section 3. Further Acts. The City Manager is hereby authorized to carry out all necessary acts such that the City can participate in the Master Settlement Agreements, including, without limitation, execution (as necessary) of the Participation Agreements, Master Settlement Agreements, Allocation Agreements; and all related documents and the transmittal of thereof as necessary and appropriate.

Section 4. Ratification. All actions heretofore taken by the City Council and other appropriate public officers and agents of the City with respect to the matters contemplated under this Resolution are hereby ratified, confirmed and approved.

Section 5. It is anticipated that there will be further National Opioid settlements in the future. The City Council further authorizes, and delegates authority to, the City Manager to carry out all necessary acts to participate in, and effectuate, the National Opioid Settlements, including, but not limited to, execution of all future settlements and related documents subject to approval as to legal form from the City Attorney.

Section 6. Effective Date. This Resolution shall immediately take effect upon passage.

BE IT FURTHER RESOLVED that all actions heretofore taken by the City Council and other appropriate public officers and agents of the City with respect to the matters contemplated under this Resolution are hereby ratified, confirmed and approved.

The forgoing Resolution of the City Council of the City of Madera is duly introduced, passed and adopted at a regular meeting thereof held on the 17th day of July, 2024.

New National Opioids Settlement: Kroger
Opioids Implementation Administrator
[email protected]
Madera city, CA
Reference Number: CL-789614
TO LOCAL POLITICAL SUBDIVISIONS:

THIS PACKAGE CONTAINS DOCUMENTATION TO PARTICIPATE IN THE NEW NATIONAL OPIOIDS SETTLEMENT. YOU MUST TAKE ACTION IN ORDER TO PARTICIPATE.

Deadline: August 12, 2024
A new proposed national opioids settlement (“New National Opioids Settlement”) has been reached with Kroger (“Settling Defendant”). This Participation Package is a follow-up communication to the Notice of National Opioids Settlement recently received electronically by your subdivision.

You are receiving this Participation Package because California is participating in the Kroger settlement.

This electronic envelope contains three attachments:
 The Participation Form for the Kroger settlement, including a release of any claims;
 California State Subdivision Agreement for Kroger; and  Side-letter agreement between California and Kroger
The Participation Form and California State-Subdivision Agreement must be executed, without alteration, and submitted on or before August 12, 2024, in order for your subdivision to be considered for initial participation calculations and payment eligibility.

The side-letter agreement between California and Kroger modifies, as it applies to California, one injunctive relief term contained in Exhibit P, Section IX(5)(1) of the Kroger National Settlement Agreement.

Based upon subdivision participation forms received on or before August 12, 2024, the subdivision participation rate will be used to determine whether participation is sufficient for the settlement to move forward and whether a state earns its maximum potential payment under the settlement. If the settlement moves forward, your release will become effective. If a settlement does not move forward, that release will not become effective.

Any subdivision that does not participate cannot directly share in the settlement funds, even if the subdivision’s state is settling and other participating subdivisions are sharing in settlement funds. Any subdivision that does not participate may also reduce the amount of money for programs to remediate the opioid crisis in its state.

Docusign Envelope ID: 425D60A9-97EF-4619-8266-ED13EB40059E Please note, a subdivision will not necessarily directly receive settlement funds by participating; decisions on how settlement funds will be allocated within a state are subject to intrastate agreements or state statutes.

You are encouraged to discuss the terms and benefits of the New National Opioids Settlement with your city attorney/county counsel, outside counsel representing your city/county on opioid matters, the Attorney General’s Office, and other contacts within your state. Many states are implementing and allocating funds for this new settlement the same as they did for the prior opioids settlements with McKesson, Cardinal, Cencora (formerly AmerisourceBergen), J&J/Janssen, Teva, Allergan, CVS, Walgreens, and Walmart but states may choose to treat this settlement differently.

Information and documents regarding the New National Opioids Settlement and how it is being implemented in your state and how funds will be allocated within your state can be found on the national settlement website at https://nationalopioidsettlement.com/ and the California Attorney General’s website at https://oag.ca.gov/opioids. This website will be supplemented as additional documents are created. Please also refer to the Side-Letter Agreement with Kroger, which modifies the Kroger National Opioid Settlement’s injunctive relief within the State of California.

How to return signed forms:

There are three methods for returning the executed Participation Form, the California-State Subdivision Agreement (“Subdivision Agreement”), and any supporting documentation to the Implementation Administrator:
(1) Electronic Signature via DocuSign: Executing the Participation Form and the Subdivision Agreement electronically through DocuSign will return the signed form to the Implementation Administrator and associate your form with your subdivision’s records. Electronic signature is the most efficient method for returning the Participation Form and the Subdivision Agreement, allowing for more timely participation and the potential to meet higher settlement payment thresholds, and is therefore strongly encouraged. (2) Manual Signature returned via DocuSign: DocuSign allows forms to be downloaded, signed manually, then uploaded to DocuSign and returned automatically to the Implementation Administrator. Please be sure to complete all fields and note that execution and return of both the Subdivision Agreement and the Participation Form are required for participation in the corresponding settlement. As with electronic signature, returning a manually signed Participation Form and Subdivision Agreement via DocuSign will associate your signed forms with your subdivision’s records. (3) Manual Signature returned via electronic mail: If your subdivision is unable to return an executed Participation Form and Subdivision Agreement using DocuSign, the signed Participation Form and Subdivision Agreement may be returned via electronic mail to [email protected]. Please include the name, state, and reference ID of your subdivision in the body of Docusign Envelope ID: 425D60A9-97EF-4619-8266-ED13EB40059E the email and use the subject line Settlement Participation Form – [Subdivision Name, Subdivision State] – [Reference ID]. Note that execution and return of both the Subdivision Agreement and the Participation Form are required for participation in the corresponding settlement.

Detailed instructions on how to sign and return the Participation Form and Subdivision Agreement, including changing the authorized signer, can be found at https://nationalopioidsettlement.com/. You may also contact [email protected].

The sign-on period for subdivisions ends on August 12, 2024.

If you have any questions about executing the Participation Form, please contact your city attorney/county counsel, outside counsel representing your city/county on opioids matters, the Implementation Administrator at
[email protected], or the California Attorney General’s Office at [email protected].

Thank you,
New National Opioids Settlement Implementation Administrator The Implementation Administrator is retained to provide the settlement notice required by the New National Opioids Settlement and to manage the collection of the Participation Form.

Docusign Envelope ID: 425D60A9-97EF-4619-8266-ED13EB40059E Subdivision Participation and Release Form
Governmental Entity: Madera city State: CA
Authorized Signatory: /officialname_kroger/
Address 1: /address1_kroger/
Address 2: /address2_kroger/
City, State, Zip: /cit_kr/ /state_kr/ /zi_kr/
Phone: /phone_kroger/
Email: /email_kroger/
The governmental entity identified above (“Governmental Entity”), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated March 22, 2024 (“Kroger Settlement”), and acting through the undersigned authorized official, hereby elects to participate in the Kroger Settlement, release all Released Claims against all Released Entities, and agrees as follows.

1. The Governmental Entity is aware of and has reviewed the Kroger Settlement, understands that all terms in this Participation and Release Form have the meanings defined therein, and agrees that by executing this Participation and Release Form, the Governmental Entity elects to participate in the Kroger Settlement and become a Participating Subdivision as provided therein.

2. The Governmental Entity shall promptly, and in any event no later than 14 days after the Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal with Prejudice substantially in the form found at https://nationalopioidsettlement.com/.

3. The Governmental Entity agrees to the terms of the Kroger Settlement pertaining to Participating Subdivisions as defined therein.

4. By agreeing to the terms of the Kroger Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date.

5. The Governmental Entity agrees to use any monies it receives through the Kroger Settlement solely for the purposes provided therein.

6. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role as provided in, and for resolving disputes to the extent provided in, the Kroger Settlement. The Governmental Entity likewise agrees to arbitrate before the National 1 Docusign Envelope ID: 425D60A9-97EF-4619-8266-ED13EB40059E Arbitration Panel as provided in, and for resolving disputes to the extent otherwise provided in, the Kroger Settlement.

7. The Governmental Entity has the right to enforce the Kroger Settlement as provided therein.

8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Kroger Settlement, including without limitation all provisions of Section XI (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Kroger Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Kroger Settlement shall be a complete bar to any Released Claim.

9. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the Kroger Settlement.

10. In connection with the releases provided for in the Kroger Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads:

General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her would have materially affected his or her settlement with the debtor or released party.

A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities’ decision to participate in the Kroger Settlement.
2 Docusign Envelope ID: 425D60A9-97EF-4619-8266-ED13EB40059E

11. Nothing herein is intended to modify in any way the terms of the Kroger Settlement, to which Governmental Entity hereby agrees. To the extent this Participation and Release Form is interpreted differently from the Kroger Settlement in any respect, the Kroger Settlement controls.

I have all necessary power and authorization to execute this Participation and Release Form on behalf of the Governmental Entity.

Signature: /signer_1_kroger/
Name: /name_1_kroger/
Title: /title_1_kroger/
Date: /date_1_kroger/
3 Docusign Envelope ID: 425D60A9-97EF-4619-8266-ED13EB40059E Proposed California State-Subdivision Agreement
Regarding Distribution and Use of
Settlement Funds – Kroger Settlement

1. Introduction
Pursuant to the Kroger Settlement Agreement, dated as of March 22, 2024, and any revision thereto as well as any modification thereto entered into by the State of California and Kroger (the “Kroger Settlement Agreement”), including Section V and Exhibit O, the State of California proposes this agreement (the “CA Kroger Allocation Agreement”) to govern the allocation, distribution, and use of Settlement Fund payments made to California pursuant to Sections IV and V of the Kroger Settlement Agreement. For the avoidance of doubt, this agreement does not apply to payments made pursuant to Section IX of the Kroger Settlement Agreement.

Pursuant to Exhibit O, Paragraph 4, of the Kroger Settlement Agreement, acceptance of this CA Kroger Allocation Agreement is a requirement to be an Initial Participating Subdivision.

2. Definitions
a) CA Participating Subdivision means a Participating Subdivision that is also (a) a Plaintiff Subdivision and/or (b) a Primary Subdivision with a population equal to or greater than 10,000. For the avoidance of doubt, eligible CA Participating Subdivisions are those California subdivisions listed in Exhibit C (excluding Litigating Special Districts) and/or Exhibit I to the Kroger Settlement Agreement. b) Allergan Settlement Agreement means the Allergan Settlement Agreement dated November 22, 2022, and any revision thereto.
c) CVS Settlement Agreement means the CVS Settlement Agreement dated December 9, 2022, and any revision thereto as well as any modification thereto entered into by the State of California and CVS.
d) Distributor Settlement Agreement means the Distributor Settlement Agreement dated July 21, 2021, and any revision thereto.
e) Janssen Settlement Agreement means the Janssen Settlement Agreement dated July 21, 2021, and any revision thereto.
f) Teva Settlement Agreement means the Teva Settlement Agreement dated November 22, 2022, and any revision thereto.
g) Walgreens Settlement Agreement means the Walgreens Settlement Agreement dated December 9, 2022, and any revision thereto.
h) Walmart Settlement Agreement means the Walmart Settlement Agreement dated November 14, 2022, and any revision thereto.
i) CA Litigating Special District means a Litigating Special District located in California. CA Litigating Special Districts include Downey Unified School District, 1 Docusign Envelope ID: 425D60A9-97EF-4619-8266-ED13EB40059E Elk Grove Unified School District, Kern High School District, Montezuma Fire Protection District (located in Stockton, California), Santa Barbara San Luis Obispo Regional Health Authority, Inland Empire Health Plan, Health Plan of San Joaquin, San Leandro Unified School District, Pleasant Valley School District Board, and LA Care Health Plan.
j) Plaintiff Subdivision means a Subdivision located in California, other than a CA Litigating Special District, that filed a lawsuit, on behalf of the Subdivision and/or through an official of the Subdivision on behalf of the People of the State of California, against one or more Opioid Defendants prior to October 1, 2020. k) Opioid Defendant means any defendant (including but not limited to Kroger Co., Walgreen Co., Teva Pharmaceutical Industries Ltd., Allergan Finance, LLC, Allergan Limited, CVS Health Corporation, CVS Pharmacy, Inc., Walmart Inc., Johnson & Johnson, Janssen Pharmaceuticals, Inc., Purdue Pharma L.P., Cardinal Health, Inc., AmerisourceBergen Corporation, and McKesson Corporation) named in a lawsuit seeking damages, abatement, or other remedies related to or caused by the opioid public health crisis in any lawsuit brought by any state or local government on or before October 1, 2020.

3. General Terms
This agreement is subject to the requirements of the Kroger Settlement Agreement, as well as applicable law, and the Kroger Settlement Agreement governs over any inconsistent provision of this CA Kroger Allocation Agreement. Terms used in this CA Kroger Allocation Agreement have the same meaning as in the Kroger Settlement Agreement unless otherwise defined herein.

Pursuant to Section V(D)(1) of the Kroger Settlement Agreement, (a) all Settlement Fund payments will be used for Opioid Remediation, except as allowed by Section V(B)(2) of the Kroger Settlement Agreement; and (b) at least seventy percent (70%) of Settlement Fund payment amounts will be used solely for future Opioid Remediation.

4. State Allocation
The Settlement Fund payments to California,1 pursuant to the Kroger Settlement Agreement, shall be allocated as follows: 15% to the State Fund; 70% to the Abatement Accounts Fund; and 15% to the Subdivision Fund. For the avoidance of doubt, all funds allocated to California from the Settlement Fund shall be combined pursuant to this CA Kroger Allocation Agreement, and 15% of that total shall be allocated to the State of California (the “State of California Allocation”), 70% to the California Abatement Accounts Fund (“CA Abatement Accounts Fund”), and 15% to the California Subdivision Fund (“CA Subdivision Fund”). 1 For purposes of clarity, use of the term “California” refers to the geographic territory of California and the state and its local governments therein. The term “State” or “State of California” refers to the State of California as a governmental unit. 2 Docusign Envelope ID: 425D60A9-97EF-4619-8266-ED13EB40059E A. State of California Allocation
Fifteen percent of the total Settlement Fund payments will be allocated to the State and used by the State for future Opioid Remediation.

B. CA Abatement Accounts Fund
i. Allocation of CA Abatement Accounts Funds
a) Seventy percent of the total Settlement Fund payments will be allocated to the CA Abatement Accounts Fund. The funds in the CA Abatement Accounts Fund will be allocated based on the allocation model developed in connection with the proposed negotiating class in the National Prescription Opiate Litigation (MDL No. 2804), as adjusted to reflect only those cities and counties that are eligible, based on population or litigation status, to become a CA Participating Subdivision. The percentage from the CA Abatement Accounts Fund allocated to each CA Participating Subdivision is set forth in Appendix 1 in the column entitled abatement percentage (the “Local Allocation”). For the avoidance of doubt, CA Litigating Special Districts and California towns, cities, and counties with a population less than 10,000 are not eligible to receive an allocation of CA Abatement Accounts Funds.
b) A CA Participating Subdivision that is a county, or a city and county, will be allocated its Local Allocation share as of the date on which it becomes a Participating Subdivision, and will receive payments as provided in the Kroger Settlement Agreement. c) A CA Participating Subdivision that is a city will be allocated its Local Allocation share as of the date on which it becomes a Participating Subdivision. The Local Allocation share for a city that is a CA Participating Subdivision will be paid to the county in which the city is located, rather than to the city, so long as: (a) the county is a CA Participating Subdivision, and (b) the city did not elect to receive its share of funds in the National Opioids Settlement with Distributors AmerisourceBergenCorporation, Cardinal Health, Inc., and McKesson Corporation (the “Distributors Settlement”). If a city later changes or has already changed its distribution election in the Distributors Settlement, that change in election will apply here, provided that the change in election is received by the settlement administrator at least 60 days prior to a Payment Date. A Local Allocation share allocated to a city but paid to a county is not required to be spent exclusively for abatement activities in that city, but will become part of the county’s share of the CA Abatement Accounts Funds, which will be used in accordance with Section 4.B.ii (Use of CA Abatement Accounts Funds) and reported on in accordance with Section 4.B.iii (CA Abatement Accounts Fund Oversight).
d) A city within a county that is a CA Participating Subdivision may opt in or out of direct payment at any time, and it may also elect direct payment of only a portion of its share, with the remainder going to the county, by providing notice to the Settlement Fund Administrator at least 60 days prior to a Payment Date. For purposes of this CA Kroger Allocation Agreement, the Cities of Los Angeles, Oakland, San Diego, San Jose and 3 Docusign Envelope ID: 425D60A9-97EF-4619-8266-ED13EB40059E Eureka will be deemed to have elected direct payment if they become Participating Subdivisions.
e) The State will receive the Local Allocation share of any payment to the Settlement Fund that is attributable to a county or city that is eligible to become a CA Participating Subdivision, but that has not, as of the date of that payment to the Settlement Fund, become a Participating Subdivision.
f) Funds received by a CA Participating Subdivision, and not expended or encumbered within five years of receipt and in accordance with the Kroger Settlement Agreement and this CA Kroger Allocation Agreement shall be transferred to the State; provided however, that CA Participating Subdivisions have seven years to expend or encumber CA Abatement Accounts Funds designated to support capital outlay projects before they must be transferred to the State. This provision shall not apply to the Cost Reimbursement Funds, which shall be controlled by Appendix 2.
ii. Use of CA Abatement Accounts Funds
a) The CA Abatement Accounts Funds will be used for future Opioid Remediation in one or more of the areas described in the List of Opioid Remediation Uses, which is Exhibit E to the Kroger Settlement Agreement.
b) In addition to this requirement, no less than 50% of the funds received by a CA Participating Subdivision from the Abatement Accounts Fund in each calendar year will be used for one or more of the following High Impact Abatement Activities:
(1) the provision of matching funds or operating costs for substance use disorder facilities within the Behavioral Health Continuum Infrastructure Program; (2) creating new or expanded Substance Use Disorder (“SUD”) treatment infrastructure; (3) addressing the needs of communities of color and vulnerable populations (including sheltered and unsheltered homeless populations) that are disproportionately impacted by SUD;
(4) diversion of people with SUD from the justice system into treatment, including by providing training and resources to first and early responders (sworn and non-sworn) and implementing best practices for outreach, diversion and deflection, employability, restorative justice, and harm reduction; (5) interventions to prevent drug addiction in vulnerable youth, including but not limited to, youth in foster care, juvenile justice-impacted youth, youth experiencing adversities related to socioeconomic status, and unhoused youth; and/or (6) the purchase of naloxone for distribution and efforts to expand access to naloxone for opioid overdose reversals.
4 Docusign Envelope ID: 425D60A9-97EF-4619-8266-ED13EB40059E c) The California Department of Health Care Services (“DHCS”) may add to this list (but not delete from it) by designating additional High Impact Abatement Activities. DHCS will make reasonable efforts to consult with stakeholders, including the CA Participating Subdivisions, before adding additional High Impact Abatement Activities to this list. d) For the avoidance of doubt, and subject to the requirements of the Kroger Settlement Agreement and applicable law, CA Participating Subdivisions may form agreements or ventures, or otherwise work in collaboration with, federal, state, local, tribal or private sector entities in pursuing Opioid Remediation activities funded from the CA Abatement Accounts Fund. Further, provided that all CA Abatement Accounts Funds are used for Opioid Remediation consistent with the Kroger Settlement Agreement and this CA Kroger Allocation Agreement, a county and any cities or towns within the county may agree to reallocate their respective shares of the CA Abatement Accounts Funds among themselves, provided that any direct distribution may only be to a CA Participating Subdivision and any CA Participating Subdivision must agree to their share being reallocated.
iii. CA Abatement Accounts Fund Oversight
a) Pursuant to Section 5 below, CA Participating Subdivisions receiving settlement funds must prepare and file reports annually regarding the use of those funds. DHCS may regularly review the reports prepared by CA Participating Subdivisions about the use of CA Abatement Accounts Funds for compliance with the Kroger Settlement Agreement and this CA Kroger Allocation Agreement.
b) If DHCS determines that a CA Participating Subdivision’s use of CA Abatement Accounts Funds is inconsistent with the Kroger Settlement Agreement or this CA Kroger Allocation Agreement, whether through review of reports or information from any other sources, DHCS shall send a request to meet and confer with the CA Participating Subdivision. The parties shall meet and confer in an effort to resolve the concern. c) If the parties are unable to reach a resolution, DHCS may conduct an audit of the Subdivision’s use of the CA Abatement Accounts Funds within one year of the request to meet and confer, unless the parties mutually agree in writing to extend the meet and confer time frame.
d) If the concern still cannot be resolved, the State may bring a motion or action in the court where the State has filed its Consent Judgment to resolve the concern or otherwise enforce the requirements of the Kroger Settlement Agreement or this CA Kroger Allocation Agreement. However, in no case shall any audit be conducted, or motion be brought, as to a specific expenditure of funds, more than five years after the date on which the expenditure of the funds was reported to DHCS, in accordance with this agreement.
5 Docusign Envelope ID: 425D60A9-97EF-4619-8266-ED13EB40059E e) Notwithstanding the foregoing, this Agreement does not limit the statutory or constitutional authority of any state or local agency or official to conduct audits, investigations, or other oversight activities, or to pursue administrative, civil, or criminal enforcement actions.

C. CA Subdivision Fund
i. Fifteen percent of the total Settlement Fund payments will be allocated to the CA Subdivision Fund. All funds in the CA Subdivision Fund will be allocated among the Plaintiff Subdivisions that are Initial Participating Subdivisions. The funds will be used, subject to any limits imposed by the Kroger Settlement Agreement and this CA Kroger Allocation Agreement, to fund future Opioid Remediation and reimburse past opioidrelated expenses, which may include fees and expenses related to litigation, and to pay the reasonable fees and expenses of the Special Master as set forth in Appendix 2.

The CA Subdivision Funds will be allocated as follows:
a) First, funds in the CA Subdivision Fund shall be used to pay the Special Master’s reasonable fees and expenses in accordance with the procedures and limitations set forth in Appendix 2 to this document;
b) Second, funds will be allocated to Plaintiff Subdivisions that are Initial Participating Subdivisions that have been awarded Costs, as defined by and in accordance with the procedures and limitations set forth in Appendix 2 to this document. c) Funds remaining in the CA Subdivision Fund, which shall consist of no less than 50% of the total CA Subdivision Fund received in any year pursuant to Appendix 2, Section 2.c.v, will be distributed to Plaintiff Subdivisions that are Initial Participating Subdivisions, in relative proportion to the Local Allocation. These funds shall be used to fund future opioid-related projects and to reimburse past opioid-related expenses, which may include fees and expenses related to litigation against any Opioid Defendant.

D. Provision for State Back-Stop Agreement
On August 6, 2021, Judge Dan Polster of the U.S. District Court, Northern District of Ohio, Eastern Division, issued an order (ECF Docket Number 3814) (“MDL Fees Order”) in the National Prescription Opiate Litigation (MDL No. 2804) “cap[ping] all applicable contingent fee agreements at 15%.” Private counsel representing Plaintiff Subdivisions should seek its contingency fees and costs from the Attorney Fee Fund or Cost Funds under the Kroger Settlement Agreement, and, if applicable, the Teva Settlement Agreement, Allergan Settlement Agreement, CVS Settlement Agreement, Distributor Settlement Agreement, Janssen Settlement Agreement, and Walmart Settlement Agreement.

A Plaintiff Subdivision may separately agree to use its share of the CA Subdivision Fund to pay for fees or costs incurred by its contingency-fee counsel (“State Back-Stop Agreement”), 6 Docusign Envelope ID: 425D60A9-97EF-4619-8266-ED13EB40059E pursuant to Exhibit R, section I(CC), of the Kroger Settlement Agreement and the MDL Fees Order, so long as such contingency fees do not exceed a total contingency fee of 15% of the total gross recovery of the Plaintiff Subdivision pursuant to the Kroger Settlement, inclusive of contingency fees from the national Attorney Fee Fund and this State Back-Stop Agreement.

Before seeking fees or litigation costs and expenses from a State Back-Stop Agreement, private counsel representing Plaintiff Subdivisions must first seek contingency fees and costs from the Attorney Fee Fund or Cost Funds created under the Kroger Settlement Agreement. Further, private counsel may only seek reimbursement for litigation fees and costs that have not previously been reimbursed through prior settlements or judgments.

To effectuate a State Back-Stop Agreement pursuant to this section, an agreement in the form of Appendix 3 may be entered into by a Plaintiff Subdivision, private counsel, and the California Office of the Attorney General. The California Office of the Attorney General shall, upon the request of a Plaintiff Subdivision, execute any agreement executed by a Plaintiff Subdivision and its private counsel if it is in the form of Appendix 3. The California Office of the Attorney General will also consider requests from Plaintiff Subdivisions to execute and enter into agreements presented in other forms.

For the avoidance of doubt, this agreement does not require a Plaintiff Subdivision to request or enter into a State Back-Stop Agreement, and no State Back-Stop Agreement shall impose any duty or obligation on the State of California or any of its agencies or officers, including without limitation the Attorney General.

5. State and Subdivision Reporting
a) DHCS will prepare an annual written report regarding the State’s use of funds from the settlement until those funds are fully expended and for one year thereafter. These reports will be made publicly available on the DHCS web site.
b) Each CA Participating Subdivision that receives payments of funds from the settlement will prepare written reports at least annually regarding the use of those funds, until those funds are fully expended and for one year thereafter. These reports will also include a certification that all funds that the CA Participating Subdivision has received through the settlement have been used in compliance with the Kroger Settlement Agreement and this CA Kroger Allocation Agreement. The report will be in a form reasonably determined by DHCS. Prior to specifying the form of the report DHCS will confer with representatives of the Plaintiff Subdivisions.
c) The State and all CA Participating Subdivisions receiving CA Abatement Accounts Funds will track all deposits and expenditures. Each such subdivision is responsible solely for the CA Abatement Accounts Funds it receives. A county is not responsible for oversight, reporting, or monitoring of CA Abatement Accounts Funds received by a city within that county that receives direct payment. Unless otherwise exempt, Subdivisions’ expenditures and uses of CA Abatement Accounts Funds and other Settlement Funds will be subject to the normal budgetary and expenditure process of the Subdivision. 7 Docusign Envelope ID: 425D60A9-97EF-4619-8266-ED13EB40059E d) Each Plaintiff Subdivision receiving CA Subdivision Funds will track all deposits and expenditures, as required by the Kroger Settlement Agreement and this CA Kroger Allocation Agreement. Among other things, Plaintiff Subdivisions using monies from the CA Subdivision Fund for purposes that do not qualify as Opioid Remediation must identify and include in their annual report, the amount and how such funds were used, including if used to pay attorneys’ fees, investigation costs, or litigation costs. Pursuant to Section V(B)(2) of the Kroger Settlement Agreement, such information must also be reported to the Settlement Fund Administrator and Kroger. e) In each year in which DHCS prepares an annual report DHCS will also host a meeting to discuss the annual report and the Opioid Remediation activities being carried out by the State and Participating Subdivisions.

6. Miscellaneous
a) The State or any CA Participating Subdivision may bring a motion or action in the court where the State has filed its Consent Judgment to enforce the requirements of this CA Kroger Allocation Agreement. Before filing such a motion or action the State will meet and confer with any CA Participating Subdivision that is the subject of the anticipated motion or action, and vice versa.
b) Except as provided in the Kroger Settlement Agreement, this CA Kroger Allocation Agreement is not enforceable by any party other than the State and the CA Participating Subdivisions. It does not confer any rights or remedies upon, and shall not be enforceable by, any third party.
c) Except as provided in the CA Kroger Allocation Agreement, if any provision of this agreement or the application thereof to any person, entity, or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this agreement, or the application of such provision to persons, entities, or circumstances other than those as to which it is invalid or unenforceable, will not be affected thereby, and each other provision of this agreement will be valid and enforceable to the fullest extent permitted by law. d) Except as provided in the Kroger Settlement Agreement, this agreement shall be governed by and interpreted in accordance with the laws of California. 8 Docusign Envelope ID: 425D60A9-97EF-4619-8266-ED13EB40059E The undersigned, Madera city, ACKNOWLEDGES acceptance of this Proposed California StateSubdivision Agreement Regarding Distribution and Use of Settlement Funds – Kroger Settlement is a requirement to be an Initial Participating Subdivision in the Kroger Settlement and ACCEPTS this Proposed California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds – Kroger Settlement. EXECUTED on /date_1_kroger/.

Signature: /signer_1_kroger/
Name: /name_1_kroger/
Title: /title_1_kroger/
Date: /date_1_kroger/
9 Docusign Envelope ID: 425D60A9-97EF-4619-8266-ED13EB40059E APPENDIX 1
DISCLAIMER: The allocation percentages herein are estimates only and should not be relied on for decisions regarding legal rights, releases, waivers, or other decisions affecting current or potential legal claims. Percentages shown in the Plaintiff Subdivision Percentage column may change pursuant to Section 4.C. of the California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds—Kroger Settlement, whereas the percentages shown in the Abatement Percentage column should not change. Participating Subdivisions, underlying calculations, and the calculated allocation percentages are subject to change.

Regarding the column herein entitled “Abatement Percentage,” pursuant to Section 4.B.e., the State of California will receive the Local Allocation share of any payment to the Settlement Fund that is attributable to a county or city that is eligible to become a CA Participating Subdivision, but that has not, as of the date of that payment to the Settlement Fund, become a Participating Subdivision.

Regarding the column herein entitled “Plaintiff Subdivision Percentage,” payments allocated to a Plaintiff Subdivision, which is not an Initial Participating Subdivision, will be re-allocated among the Plaintiff Subdivisions that are Initial Participating Subdivisions.

Regarding the column herein entitled “Abatement Percentage,” the annotation of “100%” refers to one-hundred percent (100%) of the California Abatement Account Funds received, pursuant to Section 4.B. Regarding the column herein entitled “Plaintiff Subdivision Percentage,” the annotation of “100%” refers to one-hundred percent (100%) of the California Subdivision Funds received, pursuant to Section 4.C. Regarding the column herein entitled “Weighted Allocation Percentage,” the annotation of “100%” refers to onehundred percent (100%) of the combined and weighted allocation of the Abatement Percentage and the Plaintiff Subdivision Percentage.

Docusign Envelope ID: 425D60A9-97EF-4619-8266-ED13EB40059E

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100.000% 100.000% 100.000%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
County Alameda County Alameda 2.332% 2.853% 2.4237952%
City Alameda Alameda 0.069% 0.0570162%
City Albany Alameda 0.013% 0.0107768%
City Berkeley Alameda 0.152% 0.1249656%
City Dublin Alameda 0.033% 0.040% 0.0338810%
City Emeryville Alameda 0.023% 0.0185765%
City Fremont Alameda 0.108% 0.0888576%
City Hayward Alameda 0.117% 0.0966218%
City Livermore Alameda 0.054% 0.0446740%
City Newark Alameda 0.026% 0.0217626%
City Oakland Alameda 0.486% 0.595% 0.5055601%
City Piedmont Alameda 0.014% 0.0114064%
City Pleasanton Alameda 0.067% 0.0554547%
City San Leandro Alameda 0.039% 0.0321267%
City Union City Alameda 0.043% 0.0352484%
County Amador County Amador 0.226% 0.277% 0.2349885%
County Butte County Butte 1.615% 1.975% 1.6783178%
City Chico Butte 0.216% 0.264% 0.2246499%
City Oroville Butte 0.079% 0.0646595%
County Calaveras County Calaveras 0.226% 0.277% 0.2351644% County Colusa County Colusa 0.059% 0.0489221%
County Contra Costa County Contra Costa 2.102% 2.571% 2.1844585% City Antioch Contra Costa 0.037% 0.0301879%
City Brentwood Contra Costa 0.026% 0.0215339%
City Clayton Contra Costa 0.002% 0.0018060%
City Concord Contra Costa 0.055% 0.0456676%
City Danville Contra Costa 0.010% 0.0082255%
City El Cerrito Contra Costa 0.023% 0.0189024%
City Hercules Contra Costa 0.010% 0.0078273%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Lafayette Contra Costa 0.006% 0.0046030%
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City Martinez Contra Costa 0.012% 0.0098593%
City Moraga Contra Costa 0.004% 0.0031007%
City Oakley Contra Costa 0.010% 0.0079416%
City Orinda Contra Costa 0.005% 0.0038157%
City Pinole Contra Costa 0.013% 0.0110909%
City Pittsburg Contra Costa 0.053% 0.0436369%
City Pleasant Hill Contra Costa 0.013% 0.0106309%
City Richmond Contra Costa 0.146% 0.1201444%
City San Pablo Contra Costa 0.018% 0.0148843%
City San Ramon Contra Costa 0.021% 0.0176459%
City Walnut Creek Contra Costa 0.026% 0.0212132%
County Del Norte County Del Norte 0.114% 0.140% 0.1189608% County El Dorado County El Dorado 0.768% 0.939% 0.7980034% City Placerville El Dorado 0.015% 0.0127642%
City South Lake Tahoe El Dorado 0.081% 0.0665456%
County Fresno County Fresno 1.895% 2.318% 1.9693410%
City Clovis Fresno 0.065% 0.0536211%
City Coalinga Fresno 0.012% 0.0098554%
City Fresno Fresno 0.397% 0.3270605%
City Kerman Fresno 0.005% 0.0042534%
City Kingsburg Fresno 0.008% 0.0066167%
City Mendota Fresno 0.002% 0.0019387%
City Orange Cove Fresno 0.004% 0.0035607%
City Parlier Fresno 0.008% 0.0069755%
City Reedley Fresno 0.012% 0.0098804%
City Sanger Fresno 0.018% 0.0146135%
City Selma Fresno 0.015% 0.0127537%
County Glenn County Glenn 0.107% 0.131% 0.1116978%
County Humboldt County Humboldt 1.030% 1.260% 1.0703185% Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Arcata Humboldt 0.054% 0.0447660%
City Eureka Humboldt 0.117% 0.143% 0.1216284%
City Fortuna Humboldt 0.032% 0.0266837%
County Imperial County Imperial 0.258% 0.315% 0.2679006% Docusign Envelope ID: 425D60A9-97EF-4619-8266-ED13EB40059E APPENDIX 1
3 of 15
City Brawley Imperial 0.011% 0.0087986%
City Calexico Imperial 0.019% 0.0152799%
City El Centro Imperial 0.158% 0.1302522%
City Imperial Imperial 0.006% 0.0048791%
County Inyo County Inyo 0.073% 0.089% 0.0754413%
County Kern County Kern 2.517% 3.079% 2.6159145%
City Arvin Kern 0.006% 0.0046425%
City Bakersfield Kern 0.212% 0.1747198%
City California City Kern 0.009% 0.0070820%
City Delano Kern 0.030% 0.0249316%
City McFarland Kern 0.003% 0.0025644%
City Ridgecrest Kern 0.015% 0.0120938%
City Shafter Kern 0.013% 0.0103417%
City Tehachapi Kern 0.009% 0.0073580%
City Wasco Kern 0.008% 0.0069861%
County Kings County Kings 0.293% 0.2413469%
City Avenal Kings 0.007% 0.0056335%
City Corcoran Kings 0.013% 0.0107032%
City Hanford Kings 0.027% 0.0226038%
City Lemoore Kings 0.016% 0.0131900%
County Lake County Lake 0.795% 0.6545389%
City Clearlake Lake 0.041% 0.050% 0.0426253%
City Lakeport Lake 0.021% 0.026% 0.0222964%
County Lassen County Lassen 0.319% 0.391% 0.3320610%
City Susanville Lassen 0.027% 0.0219295%
County Los Angeles County Los Angeles 13.896% 16.999% 14.4437559% Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Agoura Hills Los Angeles 0.005% 0.0040024%
City Alhambra Los Angeles 0.042% 0.0343309%
City Arcadia Los Angeles 0.033% 0.0267718%
City Artesia Los Angeles 0.001% 0.0005100%
City Azusa Los Angeles 0.026% 0.0210857%
City Baldwin Park Los Angeles 0.027% 0.0218520%
City Bell Los Angeles 0.008% 0.0068783%
Docusign Envelope ID: 425D60A9-97EF-4619-8266-ED13EB40059E

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City Bellflower Los Angeles 0.002% 0.0014485%
City Bell Gardens Los Angeles 0.014% 0.0114301%
City Beverly Hills Los Angeles 0.065% 0.0534897%
City Burbank Los Angeles 0.100% 0.0823132%
City Calabasas Los Angeles 0.006% 0.0048948%
City Carson Los Angeles 0.019% 0.0159805%
City Cerritos Los Angeles 0.005% 0.0039682%
City Claremont Los Angeles 0.010% 0.0082584%
City Commerce Los Angeles 0.000% 0.0002971%
City Compton Los Angeles 0.044% 0.0361882%
City Covina Los Angeles 0.028% 0.0229127%
City Cudahy Los Angeles 0.001% 0.0006020%
City Culver City Los Angeles 0.055% 0.0449894%
City Diamond Bar Los Angeles 0.001% 0.0006993%
City Downey Los Angeles 0.052% 0.0429994%
City Duarte Los Angeles 0.003% 0.0027261%
City El Monte Los Angeles 0.031% 0.038% 0.0318985%
City El Segundo Los Angeles 0.033% 0.0268020%
City Gardena Los Angeles 0.034% 0.0278088%
City Glendale Los Angeles 0.166% 0.1366586%
City Glendora Los Angeles 0.016% 0.0134411%
City Hawaiian Gardens Los Angeles 0.005% 0.0040549%
City Hawthorne Los Angeles 0.050% 0.0407833%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Hermosa Beach Los Angeles 0.018% 0.0145307%
City Huntington Park Los Angeles 0.023% 0.0190667%
City Inglewood Los Angeles 0.059% 0.0489195%
City La Cañada Flintridge Los Angeles 0.003% 0.0025565% City Lakewood Los Angeles 0.005% 0.0039971%
City La Mirada Los Angeles 0.010% 0.0081572%
City Lancaster Los Angeles 0.045% 0.0369689%
City La Puente Los Angeles 0.002% 0.0012999%
City La Verne Los Angeles 0.024% 0.0194190%
City Lawndale Los Angeles 0.002% 0.0017731%
Docusign Envelope ID: 425D60A9-97EF-4619-8266-ED13EB40059E

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City Lomita Los Angeles 0.004% 0.0031940%
City Long Beach Los Angeles 0.439% 0.3614151%
City Los Angeles Los Angeles 2.715% 3.321% 2.8218811%
City Lynwood Los Angeles 0.016% 0.0134345%
City Malibu Los Angeles 0.002% 0.0019269%
City Manhattan Beach Los Angeles 0.032% 0.0260686%
City Maywood Los Angeles 0.004% 0.0035528%
City Monrovia Los Angeles 0.031% 0.0254455%
City Montebello Los Angeles 0.030% 0.0250670%
City Monterey Park Los Angeles 0.031% 0.0256677%
City Norwalk Los Angeles 0.031% 0.0258228%
City Palmdale Los Angeles 0.046% 0.0375827%
City Palos Verdes Estates Los Angeles 0.006% 0.0053102% City Paramount Los Angeles 0.011% 0.0091483%
City Pasadena Los Angeles 0.146% 0.1200524%
City Pico Rivera Los Angeles 0.022% 0.0183333%
City Pomona Los Angeles 0.111% 0.0911933%
City Rancho Palos Verdes Los Angeles 0.002% 0.0012645%
City Redondo Beach Los Angeles 0.062% 0.0506992%
City Rosemead Los Angeles 0.003% 0.0028260%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City San Dimas Los Angeles 0.003% 0.0022016%
City San Fernando Los Angeles 0.013% 0.0104837%
City San Gabriel Los Angeles 0.018% 0.0147726%
City San Marino Los Angeles 0.009% 0.0073791%
City Santa Clarita Los Angeles 0.022% 0.0178167%
City Santa Fe Springs Los Angeles 0.031% 0.0257531%
City Santa Monica Los Angeles 0.158% 0.1298513%
City Sierra Madre Los Angeles 0.006% 0.0048646%
City Signal Hill Los Angeles 0.010% 0.0084884%
City South El Monte Los Angeles 0.005% 0.0039603%
City South Gate Los Angeles 0.020% 0.0166272%
City South Pasadena Los Angeles 0.012% 0.0095334%
City Temple City Los Angeles 0.005% 0.0039498%
Docusign Envelope ID: 425D60A9-97EF-4619-8266-ED13EB40059E

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City Torrance Los Angeles 0.112% 0.0919820%
City Walnut Los Angeles 0.006% 0.0047305%
City West Covina Los Angeles 0.049% 0.0404521%
City West Hollywood Los Angeles 0.013% 0.0108517%
City Whittier Los Angeles 0.032% 0.0260581%
County Madera County Madera 0.349% 0.427% 0.3630669%
City Chowchilla Madera 0.012% 0.0097332%
City Madera Madera 0.039% 0.0318441%
County Marin County Marin 0.564% 0.690% 0.5861325%
City Larkspur Marin 0.015% 0.0124697%
City Mill Valley Marin 0.020% 0.0168401%
City Novato Marin 0.028% 0.0229824%
City San Anselmo Marin 0.009% 0.0078062%
City San Rafael Marin 0.089% 0.0729823%
County Mariposa County Mariposa 0.084% 0.103% 0.0876131% County Mendocino County Mendocino 0.439% 0.536% 0.4558394% City Ukiah Mendocino 0.039% 0.0317153%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
County Merced County Merced 0.551% 0.674% 0.5724262%
City Atwater Merced 0.024% 0.0195846%
City Livingston Merced 0.006% 0.0045873%
City Los Banos Merced 0.020% 0.0165142%
City Merced Merced 0.061% 0.0500762%
County Modoc County Modoc 0.065% 0.080% 0.0678250%
County Mono County Mono 0.023% 0.029% 0.0242606%
County Monterey County Monterey 0.908% 1.111% 0.9437083% City Greenfield Monterey 0.006% 0.0050552%
City King City Monterey 0.005% 0.0037355%
City Marina Monterey 0.017% 0.0144098%
City Monterey Monterey 0.041% 0.0336540%
City Pacific Grove Monterey 0.009% 0.0074842%
City Salinas Monterey 0.094% 0.0776576%
City Seaside Monterey 0.023% 0.0191772%
City Soledad Monterey 0.007% 0.0060870%
Docusign Envelope ID: 425D60A9-97EF-4619-8266-ED13EB40059E

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County Napa County Napa 0.288% 0.352% 0.2994325%
City American Canyon Napa 0.017% 0.0136869%
City Napa Napa 0.078% 0.0642783%
County Nevada County Nevada 0.441% 0.539% 0.4579827%
City Grass Valley Nevada 0.024% 0.0197805%
City Truckee Nevada 0.003% 0.0023843%
County Orange County Orange 4.364% 5.339% 4.5363576%
City Aliso Viejo Orange 0.014% 0.0113841%
City Anaheim Orange 0.554% 0.678% 0.5759282%
City Brea Orange 0.086% 0.0708897%
City Buena Park Orange 0.087% 0.0714352%
City Costa Mesa Orange 0.124% 0.152% 0.1288366%
City Cypress Orange 0.033% 0.0271937%
City Dana Point Orange 0.001% 0.0005560%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Fountain Valley Orange 0.055% 0.0455980%
City Fullerton Orange 0.137% 0.168% 0.1425744%
City Garden Grove Orange 0.213% 0.1752482%
City Huntington Beach Orange 0.247% 0.302% 0.2568420%
City Irvine Orange 0.139% 0.170% 0.1442350%
City Laguna Beach Orange 0.047% 0.058% 0.0493043%
City Laguna Hills Orange 0.014% 0.0115457%
City Laguna Niguel Orange 0.001% 0.0007071%
City Laguna Woods Orange 0.001% 0.0006546%
City La Habra Orange 0.060% 0.073% 0.0621049%
City Lake Forest Orange 0.012% 0.0101249%
City La Palma Orange 0.012% 0.0095439%
City Los Alamitos Orange 0.008% 0.0069190%
City Mission Viejo Orange 0.014% 0.0117560%
City Newport Beach Orange 0.179% 0.1470134%
City Orange Orange 0.150% 0.1231320%
City Placentia Orange 0.029% 0.035% 0.0298912%
City Rancho Santa Margarita Orange 0.001% 0.0006296%
City San Clemente Orange 0.008% 0.010% 0.0086083%
Docusign Envelope ID: 425D60A9-97EF-4619-8266-ED13EB40059E

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City San Juan Capistrano Orange 0.008% 0.0065510%
City Santa Ana Orange 0.502% 0.614% 0.5213866%
City Seal Beach Orange 0.020% 0.0165891%
City Stanton Orange 0.035% 0.0291955%
City Tustin Orange 0.073% 0.0600341%
City Westminster Orange 0.104% 0.127% 0.1082721%
City Yorba Linda Orange 0.044% 0.0362223%
County Placer County Placer 1.045% 1.278% 1.0861002%
City Auburn Placer 0.017% 0.0141114%
City Lincoln Placer 0.031% 0.0255599%
City Rocklin Placer 0.076% 0.0625485%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Roseville Placer 0.196% 0.1616559%
County Plumas County Plumas 0.205% 0.251% 0.2128729%
County Riverside County Riverside 4.534% 5.547% 4.7128296% City Banning Riverside 0.017% 0.0143848%
City Beaumont Riverside 0.021% 0.0171135%
City Blythe Riverside 0.012% 0.0096714%
City Canyon Lake Riverside 0.000% 0.0001761%
City Cathedral City Riverside 0.067% 0.0553614%
City Coachella Riverside 0.021% 0.0173054%
City Corona Riverside 0.147% 0.1207083%
City Desert Hot Springs Riverside 0.024% 0.0200433%
City Eastvale Riverside 0.000% 0.0002747%
City Hemet Riverside 0.051% 0.0421792%
City Indio Riverside 0.056% 0.0457794%
City Jurupa Valley Riverside 0.001% 0.0008991%
City Lake Elsinore Riverside 0.021% 0.0172949%
City La Quinta Riverside 0.063% 0.0516732%
City Menifee Riverside 0.032% 0.0260909%
City Moreno Valley Riverside 0.137% 0.1130348%
City Murrieta Riverside 0.048% 0.059% 0.0497423%
City Norco Riverside 0.016% 0.0134542%
City Palm Desert Riverside 0.083% 0.0682465%
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City Palm Springs Riverside 0.076% 0.0629862%
City Perris Riverside 0.009% 0.0076774%
City Rancho Mirage Riverside 0.052% 0.0431098%
City Riverside Riverside 0.268% 0.2206279%
City San Jacinto Riverside 0.010% 0.0085936%
City Temecula Riverside 0.022% 0.0180086%
City Wildomar Riverside 0.008% 0.0062500%
County Sacramento County Sacramento 3.797% 4.645% 3.9465887% Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Citrus Heights Sacramento 0.057% 0.0465312%
City Elk Grove Sacramento 0.130% 0.1066994%
City Folsom Sacramento 0.108% 0.0890850%
City Galt Sacramento 0.017% 0.0143704%
City Rancho Cordova Sacramento 0.008% 0.0067679%
City Sacramento Sacramento 0.721% 0.882% 0.7496530%
County San Benito County San Benito 0.106% 0.130% 0.1101417% City Hollister San Benito 0.027% 0.0225355%
County San Bernardino County San Bernardino 3.259% 3.987% 3.3878124% City Adelanto San Bernardino 0.008% 0.0066640%
City Apple Valley San Bernardino 0.025% 0.0207360%
City Barstow San Bernardino 0.015% 0.0122056%
City Chino San Bernardino 0.064% 0.0525893%
City Chino Hills San Bernardino 0.001% 0.0006388%
City Colton San Bernardino 0.031% 0.0253443%
City Fontana San Bernardino 0.112% 0.0920543%
City Grand Terrace San Bernardino 0.006% 0.0051051%
City Hesperia San Bernardino 0.035% 0.0291522%
City Highland San Bernardino 0.004% 0.0029061%
City Loma Linda San Bernardino 0.009% 0.0071188%
City Montclair San Bernardino 0.039% 0.0322108%
City Ontario San Bernardino 0.179% 0.1472934%
City Rancho Cucamonga San Bernardino 0.084% 0.0689431%
City Redlands San Bernardino 0.057% 0.0469150%
City Rialto San Bernardino 0.073% 0.0603206%
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City San Bernardino San Bernardino 0.178% 0.1461880%
City Twentynine Palms San Bernardino 0.002% 0.0012605%
City Upland San Bernardino 0.052% 0.0424460%
City Victorville San Bernardino 0.033% 0.0269400%
City Yucaipa San Bernardino 0.016% 0.0128772%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Yucca Valley San Bernardino 0.003% 0.0021228%
County San Diego County San Diego 5.706% 6.980% 5.9309748% City Carlsbad San Diego 0.128% 0.1050485%
City Chula Vista San Diego 0.189% 0.231% 0.1961456%
City Coronado San Diego 0.044% 0.0359095%
City El Cajon San Diego 0.113% 0.0933582%
City Encinitas San Diego 0.061% 0.074% 0.0630289%
City Escondido San Diego 0.145% 0.1192204%
City Imperial Beach San Diego 0.014% 0.0118283%
City La Mesa San Diego 0.055% 0.068% 0.0575593%
City Lemon Grove San Diego 0.022% 0.0183911%
City National City San Diego 0.080% 0.0656808%
City Oceanside San Diego 0.213% 0.1753428%
City Poway San Diego 0.062% 0.0511040%
City San Diego San Diego 1.975% 2.416% 2.0531169%
City San Marcos San Diego 0.089% 0.0733897%
City Santee San Diego 0.033% 0.0268401%
City Solana Beach San Diego 0.017% 0.0138564%
City Vista San Diego 0.052% 0.0425144%
Consolidated San Francisco San Francisco 3.026% 3.702% 3.1457169% County San Joaquin County San Joaquin 1.680% 2.055% 1.7460399% City Lathrop San Joaquin 0.009% 0.0075394%
City Lodi San Joaquin 0.053% 0.0439484%
City Manteca San Joaquin 0.054% 0.0443454%
City Ripon San Joaquin 0.013% 0.0104219%
City Stockton San Joaquin 0.313% 0.383% 0.3256176%
City Tracy San Joaquin 0.084% 0.0692047%
County San Luis Obispo County San Luis Obispo 0.816% 0.999% 0.8484126% Docusign Envelope ID: 425D60A9-97EF-4619-8266-ED13EB40059E APPENDIX 1
11 of 15
City Arroyo Grande San Luis Obispo 0.024% 0.0199053%
City Atascadero San Luis Obispo 0.029% 0.0240680%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City El Paso de Robles (Paso Robles) San Luis Obispo 0.043% 0.0353456% City Grover Beach San Luis Obispo 0.017% 0.0137881%
City Morro Bay San Luis Obispo 0.020% 0.0160922%
City San Luis Obispo San Luis Obispo 0.077% 0.0637841%
County San Mateo County San Mateo 1.074% 1.313% 1.1159599% City Belmont San Mateo 0.021% 0.0169860%
City Burlingame San Mateo 0.019% 0.0152537%
City Daly City San Mateo 0.044% 0.0363880%
City East Palo Alto San Mateo 0.013% 0.0103982%
City Foster City San Mateo 0.020% 0.0166101%
City Half Moon Bay San Mateo 0.004% 0.0031638%
City Hillsborough San Mateo 0.013% 0.0110029%
City Menlo Park San Mateo 0.015% 0.0126209%
City Millbrae San Mateo 0.013% 0.0105836%
City Pacifica San Mateo 0.016% 0.0130625%
City Redwood City San Mateo 0.056% 0.0463511%
City San Bruno San Mateo 0.021% 0.0172161%
City San Carlos San Mateo 0.013% 0.0108885%
City San Mateo San Mateo 0.052% 0.0425841%
City South San Francisco San Mateo 0.043% 0.0353943%
County Santa Barbara County Santa Barbara 1.132% 1.385% 1.1768968% City Carpinteria Santa Barbara 0.001% 0.0008938%
City Goleta Santa Barbara 0.004% 0.0028969%
City Lompoc Santa Barbara 0.047% 0.0389379%
City Santa Barbara Santa Barbara 0.122% 0.1004559%
City Santa Maria Santa Barbara 0.058% 0.0479179%
County Santa Clara County Santa Clara 2.404% 2.941% 2.4987553% City Campbell Santa Clara 0.014% 0.0112566%
City Cupertino Santa Clara 0.008% 0.0066824%
City Gilroy Santa Clara 0.025% 0.0202891%
Docusign Envelope ID: 425D60A9-97EF-4619-8266-ED13EB40059E

APPENDIX
1 12 of 15
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Los Altos Santa Clara 0.013% 0.0103338%
City Los Gatos Santa Clara 0.013% 0.0103220%
City Milpitas Santa Clara 0.036% 0.0298120%
City Morgan Hill Santa Clara 0.015% 0.0124619%
City Mountain View Santa Clara 0.041% 0.0334608%
City Palo Alto Santa Clara 0.039% 0.0323080%
City San Jose Santa Clara 0.294% 0.360% 0.3054960%
City Santa Clara Santa Clara 0.067% 0.0549723%
City Saratoga Santa Clara 0.004% 0.0034161%
City Sunnyvale Santa Clara 0.053% 0.0434069%
County Santa Cruz County Santa Cruz 0.783% 0.957% 0.8135396% City Capitola Santa Cruz 0.020% 0.0168191%
City Santa Cruz Santa Cruz 0.143% 0.1180348%
City Scotts Valley Santa Cruz 0.015% 0.0126525%
City Watsonville Santa Cruz 0.063% 0.0520136%
County Shasta County Shasta 1.095% 1.339% 1.1380191%
City Anderson Shasta 0.024% 0.0198896%
City Redding Shasta 0.284% 0.2334841%
City Shasta Lake Shasta 0.004% 0.0031993%
County Siskiyou County Siskiyou 0.228% 0.279% 0.2373393% County Solano County Solano 0.760% 0.6260795%
City Benicia Solano 0.031% 0.0253903%
City Dixon Solano 0.016% 0.0130849%
City Fairfield Solano 0.109% 0.0897317%
City Suisun City Solano 0.021% 0.0176183%
City Vacaville Solano 0.119% 0.0976497%
City Vallejo Solano 0.167% 0.1373644%
County Sonoma County Sonoma 1.218% 1.490% 1.2661290%
City Healdsburg Sonoma 0.032% 0.0266929%
City Petaluma Sonoma 0.081% 0.0667507%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
Docusign Envelope ID: 425D60A9-97EF-4619-8266-ED13EB40059E APPENDIX 1
13 of 15
City Rohnert Park Sonoma 0.041% 0.0340759%
City Santa Rosa Sonoma 0.184% 0.1519070%
City Sonoma Sonoma 0.022% 0.0183438%
City Windsor Sonoma 0.016% 0.0129298%
County Stanislaus County Stanislaus 1.722% 1.4182273%
City Ceres Stanislaus 0.041% 0.0340260%
City Modesto Stanislaus 0.217% 0.1788759%
City Newman Stanislaus 0.006% 0.0046964%
City Oakdale Stanislaus 0.018% 0.0145531%
City Patterson Stanislaus 0.015% 0.0126590%
City Riverbank Stanislaus 0.010% 0.0085699%
City Turlock Stanislaus 0.065% 0.0531966%
County Sutter County Sutter 0.306% 0.374% 0.3179548%
City Yuba City Sutter 0.074% 0.0606242%
County Tehama County Tehama 0.213% 0.261% 0.2216654%
City Red Bluff Tehama 0.014% 0.0117771%
County Trinity County Trinity 0.082% 0.101% 0.0855476%
County Tulare County Tulare 0.809% 0.990% 0.8410949%
City Dinuba Tulare 0.014% 0.0116929%
City Exeter Tulare 0.004% 0.0032479%
City Farmersville Tulare 0.003% 0.0027879%
City Lindsay Tulare 0.007% 0.0057111%
City Porterville Tulare 0.021% 0.0171845%
City Tulare Tulare 0.037% 0.0302273%
City Visalia Tulare 0.066% 0.0545872%
County Tuolumne County Tuolumne 0.486% 0.594% 0.5047621% County Ventura County Ventura 2.192% 2.681% 2.2781201%
City Camarillo Ventura 0.002% 0.0012815%
City Fillmore Ventura 0.002% 0.0020294%
City Moorpark Ventura 0.008% 0.0067337%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Oxnard Ventura 0.156% 0.190% 0.1617338%
City Port Hueneme Ventura 0.021% 0.0174145%
City San Buenaventura (Ventura) Ventura 0.085% 0.0702181% Docusign Envelope ID: 425D60A9-97EF-4619-8266-ED13EB40059E APPENDIX 1
14 of 15
City Santa Paula Ventura 0.014% 0.0119072%
City Simi Valley Ventura 0.065% 0.0533043%
City Thousand Oaks Ventura 0.022% 0.0179902%
County Yolo County Yolo 0.357% 0.437% 0.3713319%
City Davis Yolo 0.055% 0.0451747%
City West Sacramento Yolo 0.066% 0.0544321%
City Woodland Yolo 0.058% 0.0477904%
County Yuba County Yuba 0.214% 0.262% 0.2225679%
City Marysville Yuba 0.014% 0.0112079%
Docusign Envelope ID: 425D60A9-97EF-4619-8266-ED13EB40059E 1 APPENDIX 2
Cost Reimbursement Procedure

1. Additional defined terms:
a) Costs means the reasonable amounts paid for the attorney and other City Attorney and County Counsel staff time for individuals employed by a Plaintiff Subdivision at the contractual rate, inclusive of benefits and overhead, together with amounts paid for court reporters, experts, copying, electronic research, travel, vendors, and the like, which were not previously reimbursed and which were paid or incurred (i) prior to December 31, 2022 in litigation against any Opioid Defendant and/or (ii) in negotiating and drafting any CA Allocation Agreement(s) concerning a settlement with any Opioid Defendant(s).

Costs does not include attorneys’ fees, costs, or expenses incurred by private contingency fee counsel. No part of the CA Abatement Accounts Fund will be used to reimburse Costs.
b) First Claims Date means October 1, 2023 or when all applications for reimbursement of Costs, in whole or in part, from funds available under Section IX and Exhibit R of the Walgreens Settlement Agreement, Section XIV and Exhibit R of the Teva Settlement Agreement, Section XIII and Exhibit R of the Allergan Settlement Agreement, Section X and Exhibit R of the Distributor Settlement Agreement, Section XI and Exhibit R of the Janssen Settlement Agreement, Section X and Exhibit R of the CVS Settlement Agreement, or Section IX and Exhibit R of the Walmart Settlement Agreement, have been finally determined under the provisions of those agreements, whichever comes first. c) Special Master means a retired judicial officer or former public lawyer, not presently employed or retained by a Plaintiff Subdivision, who will aggregate, review, and determine the reasonable Costs to be awarded to each Plaintiff Subdivision that submits a claim for reimbursement of Costs. The Special Master will be selected by a majority vote of the votes cast by Plaintiff Subdivisions, with each such subdivision having one vote. d) Plaintiff Subdivision Committee means the committee of Plaintiff Subdivisions that will review and approve the invoices submitted by the Special Master reflecting his or her reasonable time and expenses.

2. Cost Reimbursement to Plaintiff Subdivision
a) Purpose. Substantial resources have been expended to hold Opioid Defendants accountable for creating and profiting from the opioid crisis, and this effort has been a significant catalyst in creating National Opioid Settlements with various manufacturers, distributors, and chain pharmacies.
///
Docusign Envelope ID: 425D60A9-97EF-4619-8266-ED13EB40059E 2 b) Claims Procedure.
i. If a Plaintiff Subdivision is eligible to seek reimbursement of Costs, in whole or in part, from funds available under Section IX and Exhibit R of the Kroger Settlement Agreement, Section IX and Exhibit R of the Walgreens Settlement Agreement, Section XIV and Exhibit R of the Teva Settlement Agreement, Section XIII and Exhibit R of the Allergan Settlement Agreement, Section X and Exhibit R of the CVS Settlement Agreement, Section IX and Exhibit R of the Walmart Settlement Agreement, Section X or Exhibit R of the Distributor Settlement Agreement, or Section XI or Exhibit R of the Janssen Settlement Agreement, it must first make a timely application for reimbursement from such funds. To allow sufficient time for determination of those applications, no claim for Costs to the CA Subdivision Fund under this Agreement may be made before the First Claims Date. ii. A Plaintiff Subdivision that wishes to be reimbursed from the CA Subdivision Fund must submit a claim to the Special Master no later than forty-five (45) days after the First Claims Date. The Special Master will then compile and redistribute the aggregated claim totals for each Plaintiff Subdivision via email to representatives of all the Plaintiff Subdivisions. A claim for attorney and staff time must list, for each attorney or staff member included in the claim, the following information: name, title, total hours claimed, hourly rate (including, if sought, benefits and share of overhead), and narrative summarizing the general nature of the work performed by the attorney or staff member. For reimbursement of “hard” costs, the subdivision may aggregate across a category (e.g., total for travel costs). It is the intention of the Plaintiff Subdivisions that submission of documents related to reimbursement of Costs does not waive any attorney-client privilege or exemptions to the California Public Records Act.
iii. The Special Master may request, at his or her sole option, additional documents or details to assist in the final award of Costs.
iv. The Special Master will review claims for reasonableness and will notify each Plaintiff Subdivision of the final determination of its claim, and will provide a list of all final awards to all Plaintiff Subdivisions by email or, upon request, via First Class U.S. Mail. Any Plaintiff Subdivision may ask the Special Master to reconsider any final award within twenty-one (21) days. The Special Master will make a final determination on any such reconsideration request within thirty (30) days of receipt. v. Any decision of the Special Master is final and binding, and will be considered under the California Arbitration Act, Code of Civil Procedure section 1280 et seq. as a final arbitration award. Nothing in this agreement is intended to expand the scope of judicial review of the final award for errors of fact or law, and the Parties agree that they may only seek to vacate the award if clear and convincing evidence demonstrates one of the factors set forth in Code of Civil Procedure, section 1286.2, subdivision (a). Plaintiff Subdivisions will have fourteen (14) days after all final awards are made, together with any final determination of a request for Docusign Envelope ID: 425D60A9-97EF-4619-8266-ED13EB40059E 3 reconsideration, to seek review in the Superior Court of California, pursuant to Code of Civil Procedure, section 1285, where the State has filed its Consent Judgment. vi. The Special Master will prepare a report of Costs that includes his or her fees and expenses at least ninety (90) days before the Payment Date for each Annual Payment. The Special Master’s preparation of a report of Costs does not discharge a Plaintiff Subdivision’s reporting requirement under Section V(B)(2) of the Kroger Settlement Agreement.
vii. A member of the Plaintiff Subdivision Committee, which is a CA Participating Subdivision, will submit to the Settlement Fund Administrator and Kroger a report of the fees and expenses incurred by the Special Master pursuant to Section V(B)(2) of the Kroger Settlement Agreement.
c) Claims Priority and Limitation.
i. The Special Master will submit invoices for compensation of reasonable fees and expenses to the Plaintiff Subdivision Committee no later than ninety (90) days prior to the Payment Date for each Annual Payment. The Plaintiff Subdivision Committee will promptly review and, if reasonable, approve the Special Master’s invoice for compensation. The Plaintiff Subdivision Committee will submit approved invoices to the Settlement Fund Administrator for payment. The Special Master’s approved invoices have priority and will be paid first from the CA Subdivision Fund before any award of Costs, subject to the limitation in Section 2.c.v below. ii. Final Awards of Costs that do not exceed seventy-five thousand dollars ($75,000.00) will be paid next in priority after the Special Master’s approved invoices.
iii. Final Awards of Costs in excess of seventy-five thousand dollars ($75,000.00) will be paid proportionally from the funds remaining in that year’s Annual Payment. iv. Any claim for Costs that is not paid in full will be allocated against the next year’s distribution from the CA Subdivision Fund, until all approved claims for Costs are paid in full.
v. In no event will more than 50% of the total CA Subdivision Fund received in any year be used to pay Costs or the Special Master’s approved invoices. vi. In no event shall more than $28 million of the total CA Subdivision Funds paid pursuant to the Kroger Settlement Agreement, Walgreens Settlement Agreement, Teva Settlement Agreement, Allergan Settlement Agreement, Distributor Settlement Agreement, CVS Settlement Agreement, Janssen Settlement Agreement, and the Walmart Settlement Agreement be used to pay Costs.

Docusign Envelope ID: 425D60A9-97EF-4619-8266-ED13EB40059E 4 d) Collateral Source Payments and Third-Party Settlement. i. In the event a Plaintiff Subdivision is awarded compensation, in whole or in part, by any source of funds created as a result of litigation against an Opioid Defendant for its reasonable Costs, it will reduce its claim for Costs from the CA Subdivision Fund by that amount. If a Plaintiff Subdivision has already received a final award of Costs from the CA Subdivision Fund, it will repay the fund up to the prior award of Costs via a payment to the Settlement Fund Administrator or notify the Settlement Fund Administrator that its allocation from the next and subsequent Annual Payments should be reduced accordingly. If the Plaintiff Subdivision is repaying any prior award of Costs, that repayment will occur as soon as is feasible after the Plaintiff Subdivision’s receipt of Cost funds from the collateral source, but no more than 90 days after its receipt from the collateral source. The Settlement Fund Administrator will add any repaid Costs to the CA Subdivision Fund. Any Plaintiff Subdivision that has submitted for reimbursement to any national fund and has not received a final determination by the First Claims Date may request that the settlement administrator withhold some or all of its payment from the CA Subdivision Fund in order to avoid repayment.
ii. In the event a Plaintiff Subdivision reaches a monetary settlement or compromise against any Opioid Defendant outside of the National Opioid Settlement, the monetary portion of such settlement, net of fees paid to outside contingency fee counsel and of funds earmarked strictly for abatement, will be credited against its Costs and the subdivision will be ineligible to recover those credited Costs from the CA Subdivision Fund. Plaintiff Subdivisions negotiating monetary settlements or compromises against any Opioid Defendant outside of the National Opioid Settlement will negotiate for funds to repay any Costs it previously received from the CA Subdivision Fund or for Costs it otherwise might be eligible to claim from the CA Subdivision Fund. If such a settlement is paid after all final approved claims for Costs by all Plaintiff Subdivisions are satisfied in full, the settling subdivision will reimburse the CA Subdivision Fund in that amount by making payment to the Settlement Fund Administrator to add to the CA Subdivision Fund in a manner consistent with the repayments described in section 2.d.i above.

Docusign Envelope ID: 425D60A9-97EF-4619-8266-ED13EB40059E 1 APPENDIX 3

CALIFORNIA-SUBDIVISION BACKSTOP AGREEMENT
On August 6, 2021, Judge Polster of the US District Court for the Northern District of Ohio issued an Order (the Order), docket number 3814, in In Re National Prescription Opiate Litigation, MDL 2804, addressing contingent attorney fee contracts between political subdivisions eligible to participate in the Kroger Settlement and their counsel.

In light of the Order, and at the request of [SUBDIVISION], the [SUBDIVISION], its counsel [COUNSEL], and the California Attorney General, on behalf of the State of California, are entering into this California-Subdivision Backstop Agreement (Backstop Agreement). [SUBDIVISION] and [COUNSEL] intend this Backstop Agreement to constitute a State BackStop Agreement as that term is used in the Order and in Exhibit R (Agreement on Attorneys’ Fees, Costs, and Expenses) of the Kroger Settlement Agreement.

Pursuant to this Backstop Agreement, [SUBDIVISION] may, subject to the limitations of the Kroger Settlement Agreement and CA Kroger Allocation Agreement, as well as any other limitations imposed by law, use funds that it receives from the Kroger Settlement CA Subdivision Fund to pay a contingent fee to [COUNSEL]. Any such payment from [SUBDIVISION] to [COUNSEL], together with any contingency fees that [COUNSEL] may receive from the national Attorney Fee Fund, will not exceed a total contingency fee of [PERCENTAGE NOT TO EXCEED 15%] of the total gross recovery of [SUBDIVISION] from the Kroger Settlement.
[COUNSEL] certify that they first sought fees and costs from the Attorney Fee Fund created under the Kroger Settlement Agreement before seeking or accepting payment under this backstop agreement. [COUNSEL] further certify that they are not seeking and will not accept payment under this backstop agreement of any litigation fees or costs that have been reimbursed through prior settlements or judgments.

The Attorney General is executing this agreement solely because the definition of “State BackStop Agreement” in Exhibit R of the Kroger Settlement Agreement requires such agreements to be between “a Settling State” and private counsel for a participating subdivision. Neither the California Attorney General nor the State of California have any obligations under this Backstop Agreement, and this Backstop Agreement does not require the payment of any state funds to [SUBDIVISION], [COUNSEL], or any other party.
[DATE] [SUBDIVISION SIGNATURE BLOCK]
[DATE] [COUNSEL SIGNATURE BLOCK]
[DATE] [ATTORNEY GENERAL SIGNATURE BLOCK]
Docusign Envelope ID: 425D60A9-97EF-4619-8266-ED13EB40059E

BY E-MAIL
2001 M Street, NW Suite 600
Washington, DC 20036
+1 202 682 7000 tel
+1 202 857 0940 fax
March 28, 2024
Chantale Fiebig
+1 (202) 682-7200
[email protected]
David Jones
Supervising Deputy Attorney General
Healthcare Rights & Access Section
Department of Justice
1300 I Street
Sacramento, CA 95814
Phone: (916) 210-7861
Email: [email protected]
Re: Kroger Opioids Settlement Agreement
Dear Mr. Jones:

This letter summarizes the agreement reached between Kroger and the State of California regarding the multistate Kroger Settlement Agreement dated March 22, 2024 regarding opioid claims by states and subdivisions (the "Multistate Kroger Settlement Agreement").

The Kroger Co. and all of its direct and indirect subsidiaries ("Kroger"), and the State of California, by and through its Attorney General Rob Bonta, have agreed to the following modification to the Multistate Kroger Settlement Agreement in its application to California. For the avoidance of doubt, the limited modification set forth below applies only to California and to no other state or territory.

The “Prescription Red Flag” described in Section IX(5)(a) of Exhibit P to the Multistate Kroger Settlement Agreement is modified in its entirety to read as follows:

A Controlled Substance prescription fails to meet the requirements of law. For the sake of clarity, minor deficiencies in the patient’s name, address, date of birth, or contact information are not a red flag if the pharmacist, in his or her professional judgment and usual course of practice, is able to resolve these deficiencies with the patient.

This limited California-specific modification was a necessary condition for California's decision to signon as a participating state to the Multistate Kroger Settlement Agreement.

For the avoidance of doubt, all other terms and provisions in the Multistate Kroger Settlement Agreement remain the same, including without limitation all “Prescription Red Flags” not specified above, all Docusign Envelope ID: 425D60A9-97EF-4619-8266-ED13EB40059E David Jones
March 28, 2024

definitions, all release provisions, the eleven-year-payment schedule and all other terms and provisions of the payment schedule, and all other terms and provisions.

These terms and this letter shall be included in a stipulated judgment to be filed in a Superior Court in the State of California.

Sincerely,
Chantale Fiebig
Counsel for The Kroger Co.

SO AGREED BY AND ON BEHALF OF THE STATE OF CALIFORNIA:
________________________________
Name: David A. Jones
Title: Supervising Deputy Attorney General
Date: March 29, 2024
Docusign Envelope ID: 425D60A9-97EF-4619-8266-ED13EB40059E

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Wendy Silva, Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Continuing declaration proclaiming the existence of local emergencies – Avenue 13 sewer trunk main due to multiple failure sites
RECOMMENDATION:

Adopt resolutions continuing the declarations proclaiming the existence of a local emergency in accordance with Madera Municipal Code Title III, Chapter 2:

1. Continuing the declaration of a local emergency – June 3, 2024, sewer trunk main collapse; and

2. Continuing the declaration of a local emergency – June 10, 2024, sewer trunk main collapse.

SUMMARY:

The City of Madera (City) experienced two separate, unexpected, and significant failures of the sewer trunk line in Avenue 13 on Monday, June 3, 2024, and Monday, June 10, 2024. The City Manager as Director of Emergency Services issued a declaration of local emergency due to conditions of extreme peril to the health and safety of persons and property within Madera for each collapse. The City Council (Council) ratified these declarations of emergency in separate actions on June 5, 2024, and June 12, 2024, respectively. Emergency work to stabilize and repair the failure sites continues. The requested action would continue the declarations of local emergency while the emergency work is completed.

DISCUSSION:

On June 3, 2024, at approximately 2:30 PM, County staff was notified by a resident of a significant failure in Avenue 13 near Mission Bell winery. County crews notified City staff of a likely sewer failure at the location. City crews confirmed by visual inspection that the sewer trunk main had experienced a failure causing a large void in the road and partially obstructing the flow. This event resulted in a declaration of emergency by the City Manager as Director of Emergency Services.

Council Meeting of: July 17, 2024
Agenda Number: B-5
The Council ratified the declaration and emergency contracts for the June 3, 2024, collapse at its June 5, 2024, meeting.

On Monday, June 10, 2024, at approximately 10:30 AM, City staff was informed of a roadway collapse approximately 100 feet to the west of the intersection of Avenue 13 (Pecan Avenue) and Road 25 (Granada Drive). The rear trailer of a truck pulling two (2) trailers had fallen into a hole in the roadway directly above the City’s sewer trunk line. The sewer trunk line is the main collection line for the City’s sewer system that carries the flow of sewage from City residents and businesses to the Waste Water Treatment Plant (WWTP). It was determined that the sewer trunk line had collapsed at this location and flow was impeded. The health and safety of residents was at risk due to the imminent backup of raw sewage in the system if the collapse was not addressed immediately. The City Manager as Director of Emergency Services declared a local emergency, calling on residents to take immediate actions to limit the introduction of flow to the sewer system. The Council ratified the declaration and emergency contracts for the June 10, 2024, collapse at its June 12, 2024, meeting.

Due to the critical nature of the repairs at the failure sites and the potential disastrous impact to the community from the complete loss of sewer collection infrastructure and the potential for the backup of raw sewage, immediate action was taken by the City to secure both sites upon learning of the failures, implement a bypass pumping operation, stabilize the collapsed roadway portions and risk to adjacent utilities, and plan for emergency repairs to the sewer line in both locations. The City engaged several contractors under Public Contract Code section 22050, which allows the City Council to authorize the City Manager to enter into contracts for emergency work without engaging in competitive bidding. This allowed the City to begin work on the sites immediately to protect the health and safety of the public. Emergency repairs are ongoing at this time.

The requested action will continue both declarations of local emergency related to the two separate collapses.

FINANCIAL IMPACT:

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

ALTERNATIVES:

Staff does not recommend any alternatives than continuing the declarations of emergency and continuing with emergency repairs to ensure the health and safety of the public.

ATTACHMENTS:

1. Resolution continuing the declaration of a local emergency – June 3, 2024, sewer trunk main collapse.

2. Resolution continuing the declaration of a local emergency – June 10, 2024, sewer trunk main collapse.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA, CONTINUING THE DECLARATION OF A LOCAL EMERGENCY DUE TO THE JUNE 3, 2024, FAILURE OF THE CITY’S SEWER TRUNK MAIN LINE
WHEREAS, Section 3-2.04 of the Madera Municipal Code designates the City Manager as the Director of Emergency Services for the City of Madera; and WHEREAS, California Government Code Sections 8558 and 8630, et seq., and Section 3-

2.04 (A) of the Madera Municipal Code authorizes the Director of Emergency Services to proclaim the existence of a local emergency within the City of Madera when the City Council is not in session and the City of Madera is affected or likely to be affected by the existence or threatened existence of conditions of emergency or of extreme peril to the health and safety of persons and property within the territorial limits of the City of Madera; and WHEREAS, a local emergency declared by the Director of Emergency Services shall not remain in effect for a period in excess of seven (7) days unless it has been ratified by the City Council; and
WHEREAS, the health, safety, and welfare of City residents, businesses, visitors, and staff are of utmost importance to the City and additional future measures may be needed to protect the community. The mobilization of local resources, ability to coordinate interagency response, accelerate procurement of vital supplies, use mutual aid, and allow for future reimbursement by the state and federal governments will be critical to successfully responding to the present state of emergency. The City may require additional assistance in the future, and proclamation of local emergency allows additional resources to flow to the City in a timely manner; and WHEREAS, on June 3, 2024, the City Council was not in session and the City Manager as Director of Emergency Services declared a local emergency due to the existence of conditions of extreme peril to the health and safety of persons and property within the City of Madera caused by failure of the main sewer trunk line in Avenue 13 between Granada Drive and Road 24 in Madera, California; and
WHEREAS, the City Council of the City of Madera ratified this action at its meeting on June 5, 2024, and has reviewed the need for continuing the local emergency, and desires to extended the declaration of emergency such that it continues unabated since the City’s Director of Emergency Services declaration was ratified by the City Council; and WHEREAS, the Director of Emergency Services requests that the City Council continue the declaration of a state of local emergency for the City of Madera as impacts from June 3, 2024, sewer main collapse continue to be evaluated, repaired, and or mitigated; and WHEREAS, the City Council desires to continue the duration of the declaration of emergency as there is a need for the same.
---
NOW, THEREFORE, be it resolved by the City Council of the City of Madera as follows:

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

2. Government Code Section 8630 requires that the Council review the need for continuing the local emergency at least once every 60 days until the City Council terminates the local emergency. The City Council has reviewed the need for continuing the local emergency and finds that the state of emergency conditions related to the June 3, 2024, sewer main collapse are ongoing and are recognized as an imminent threat to our citizens. As such, the City Council extends and continues the declaration of a local emergency.

3. City Staff are directed to thereafter return this item for Council review of the need for continuing the local emergency at least once every 60 days until the City Council terminates the local emergency.
***********
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA, CONTINUING THE DECLARATION OF A LOCAL EMERGENCY DUE TO THE JUNE 10, 2024, FAILURE OF THE CITY’S SEWER TRUNK MAIN LINE
WHEREAS, Section 3-2.04 of the Madera Municipal Code designates the City Manager as the Director of Emergency Services for the City of Madera; and WHEREAS, California Government Code Sections 8558 and 8630, et seq., and Section 3-

2.04 (A) of the Madera Municipal Code authorizes the Director of Emergency Services to proclaim the existence of a local emergency within the City of Madera when the City Council is not in session and the City of Madera is affected or likely to be affected by the existence or threatened existence of conditions of emergency or of extreme peril to the health and safety of persons and property within the territorial limits of the City of Madera; and WHEREAS, a local emergency declared by the Director of Emergency Services shall not remain in effect for a period in excess of seven (7) days unless it has been ratified by the City Council; and
WHEREAS, the health, safety, and welfare of City residents, businesses, visitors, and staff are of utmost importance to the City and additional future measures may be needed to protect the community. The mobilization of local resources, ability to coordinate interagency response, accelerate procurement of vital supplies, use mutual aid, and allow for future reimbursement by the state and federal governments will be critical to successfully responding to the present state of emergency. The City may require additional assistance in the future, and proclamation of local emergency allows additional resources to flow to the City in a timely manner; and WHEREAS, on June 3, 2024, the City Council was not in session and the City Manager as Director of Emergency Services declared a local emergency due to the existence of conditions of extreme peril to the health and safety of persons and property within the City of Madera caused by failure of the main sewer trunk line in Avenue 13 between Granada Drive and Road 24 in Madera, California; and
WHEREAS, the City Council of the City of Madera ratified this action at its meeting on June 5, 2024; and
WHEREAS, additional sewer trunk line failure occurred on or about Monday, June 10, 2024, causing significant impact to the sanitary sewer system serving all residents and businesses within the City of Madera and the Parksdale and Parkwood areas of Madera County; and WHEREAS, on June 10, 2024, the City Council was not in session and the City Manager as Director of Emergency Services declared a local emergency for response and repairs to the additional sewer trunk line collapse to protect the health and safety of persons and property within the City of Madera; and
---
WHEREAS, the City Council ratified the declaration of local emergency on June 12, 2024, and has reviewed the need for continuing the local emergency, and desires to extended the declaration of emergency such that it continues unabated since the City’s Director of Emergency Services declaration was ratified by the City Council; and WHEREAS, the Director of Emergency Services requests that the City Council continue the declaration of a state of local emergency for the City of Madera as impacts from June 10, 2024, sewer main collapse continue to be evaluated, repaired, and or mitigated; and WHEREAS, the City Council desires to continue the duration of the declaration of emergency as there is a need for the same.

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

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

2. Government Code Section 8630 requires that the Council review the need for continuing the local emergency at least once every 60 days until the City Council terminates the local emergency. The City Council has reviewed the need for continuing the local emergency and finds that the state of emergency conditions related to the June 10, 2024, sewer main collapse are ongoing and are recognized as an imminent threat to our citizens. As such, the City Council extends and continues the declaration of a local emergency.

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

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: July 17, 2024
Agenda Number: ___________
________________________________
Joseph Hebert, Parks & Community Services Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Assemblywoman Esmeralda Soria Fee Waiver Request for the John Wells Youth Center RECOMMENDATION:

Adopt a Resolution waiving the rental fees of the John Wells Youth Center on August 3, 2024, related to a backpack giveaway and community event, hosted by Assemblywoman Esmeralda Soria’s Office, at an anticipated fee rental of $975.00 SUMMARY:

The City received an inquiry from Assemblywoman Esmeralda Soria’s Office requesting rental of the John Wells Youth Center on Saturday, August 3, 2024, for a backpack giveaway and community resource fair event, with usage of the facility from 7:00 am through 4:00 pm.

DISCUSSION:

The City was contacted by Assemblywoman Soria’s Office regarding the interest in using the John Wells Youth Center for an annual backpack giveaway and community resource fair targeting Madera school children and families. The event’s goal is to ensure children and their families have the supplies and resources needed to start the new school year as prepared as possible.

The event will include additional highlights such as games, music, mobile health units, and a variety of local partners sharing informational and educational resources.

Specifically, Assemblywoman Soria’s Office would be utilizing the John Wells Youth Center gym space, and recreational room space, as well as have access to the outside grassy area by Centennial Park as needed for activities.

B-6
In addition, Assemblywoman Soria’s Office is requesting the utilization of the City logo in the event flyer. Should staff approve the request and waive the fees, staff is not opposed to the use of the City logo.

This event has been approved to take place, subject to all other applicable requirements for a special event. This includes providing acceptable rental insurance and all additional permits for vendors and merchants, should these be a part of the event lineup.

FINANCIAL IMPACT:

The applicable costs associated with the rental of the John Wells Youth Center as requested are summarized in Table 1. Costs are derived from the City of Madera Master Fee Schedule.

Table 1: Estimated Financial Impact to the City
Administrative Fee $25
Gym – Full Day Rate $295
Recreation Room – Full Day Rate $235
Early Access – $20/3 Hours Before 10:30am $70
Special Event $250
Deposit $100
Total $975
It is noted that on the day of the event, the City staff’s role will be to open and close the facilities and ensure that at the end of the event, the John Wells Youth Center is left in acceptable condition.

ALTERNATIVES:

The Council may elect to reject the fee waiver and require the event organizer to remit any associated fees for the rental of the John Wells Youth Center for the event on August 3, 2024, hosted by Assemblywoman Esmeralda Soria’s Office.

ATTACHMENTS:

1. Resolution – Waiving Rental Fees for the John Wells Youth Center on August 3, 2024, related to the backpack giveaway and community resource fair at an anticipated fee rental of $975, hosted by Assemblywoman Esmeralda Soria’s Office.

ATTACHMENT 1
Resolution Waiving Rental Fees for the John Wells Youth Center on August 3, 2024, related to the backpack giveaway and community resource fair at an anticipated fee rental of $975, hosted by Assemblywoman Esmeralda Soria’s Office
RESOLUTION NO. 24-______

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

CALIFORNIA WAIVING RENTAL FEES FOR THE JOHN WELLS YOUTH CENTER ON AUGUST 3, 2024, RELATED TO THE BACKPACK GIVEAWAY

AND COMMUNITY RESOURCE FAIR AT AN ANTICIPATED FEE RENTAL OF $975, HOSTED BY ASSEMBLYWOMAN ESMERALDA SORIA’S OFFICE
WHEREAS, the City has received a request for waiving of fees for the rental of John Wells Youth Center; and
WHEREAS, the date being requested is for Saturday, August 3, 2024, from 7:00 a.m. to 4:00 p.m.; and
WHEREAS, the request is for a backpack giveaway and community resource fair, being planned by Assemblywoman Esmeralda Soria’s Office; and
WHEREAS, the fees for such an event are calculated based on the City of Madera Master Fee Schedule; and
WHEREAS, the fees for the event are calculated at $975; and WHEREAS, the event organizers are still subject to providing insurance documentation for City facility rentals that meet City requirements, as well as any other special event permits as may be required.

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

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

2. The Council finds that the waiver of fees as set forth in this resolution serves a valid public purpose in that the backpack giveaway and community resource fair, planned by Assemblywoman Esmeralda Soria’s Office, promotes the sharing of valuable information and resources available to the residents of Madera, by ensuring children and families have a positive school year through access to supplies and resources.

3. The City Council does hereby waive the City fees for Rental Fees of the John Wells Youth Center on August 3, 2024, for the backpack giveaway and community resource fair, subject to confirmation of insurance.

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

REPORT TO CITY COUNCIL
Approved by: Meeting of: July 17, 2024
_________________________________ Agenda Item:

Will Tackett, Community Development Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Second Reading and Adoption of an Ordinance to Prezone (REZ 2023-04) ±9.82 acres of property located on the northeast corner of Adell and North D Streets (APN[s]: 038-090-007, 008, 009 & 010)
RECOMMENDATION:

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

1. Waive Full Reading and adopt by title only an Ordinance of the City Council of the City of Madera adopting the Mitigated Negative Declaration (SCH No. 2024050494) and the Mitigation Monitoring and Reporting Program prepared for purposes of the proposed project in accordance with the provisions of California Environmental Quality Act (CEQA); and approving REZ 2023-04, amending the Official City of Madera Zoning Map to prezone approximately 9.82-acres of property (APN’s: 038-090-007, 008, 009 & 010) to the PD4500 (Planned Development, One unit for each 4,500 square feet of site area) and R-1 (Residential, One unit for Each 6,000 square feet of site area) zone districts.

SUMMARY:

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

The Council waived the first reading and introduced by title only the Rezone Ordinance to amend the official City of Madera Official Zoning Map to prezone a ±9.12-acre portion of the project site comprising two parcels (APN[s]: 038-090-009 & 010), to the PD-4500 (Planned Development, one unit for each 4,500 sq. ft. of site area) zone district; and, to prezone a ±0.17-acre portion of the B-7
CC 7/17/2024 (REZ 2023-04) – Adell St and D St 2
project site, consisting of two single family residential parcels adjoining the development site (APN[s]: 038-090-007 & 008), to the R-1 (Residential, one unit for each 6,000 sq. ft. of site area) zone district at a public hearing held on July 3, 2024.

BACKGROUND:

The applicant, Land Design Consulting Inc., has filed an application to Prezone (REZ 2023-04) pertaining to ±9.82 acres of land comprising four parcels generally located on the northeast corner of the intersection of Adell and North D Streets, collectively, the “project site.” (Attachment 1).

REZ 2023-04 proposes to prezone a ±9.12-acre portion of the project site, consisting of two parcels (APN[s]: 038-090-009 & 010), the “development site,” to the PD-4500 (Planned Development, one unit for each 4,500 sq. ft. of site area) zone district; and, to prezone a ±0.17- acre portion of the project site, consisting of two single family residential parcels adjoining the development site (APN[s]: 038-090-007 & 008), to the R-1 (Residential, one unit for each 6,000 sq. ft. of site area) zone district.

REZ 2023-04 has been filed in order to facilitate approval of annexation to the City of Madera and a subdivision of the development site for purposes of creating a 42-lot single family residential planned development in accordance with Tentative Subdivision Maps TSM 2023-01 & TSM 2024-

02. Pursuant to the provisions of City Municipal Code (CMC) §§ 10-3.1507 & 10-3.1508, a public hearing (for amendments to zone boundaries/changes of property from one zone to another) was held before the Planning Commission on June 11, 2024. Following a complete hearing, the Commission adopted Resolution No. 1993 (Attachment 6) recommending the Council adopt the Mitigated Negative Declaration (SCH No. 2024050494) and the Mitigation Monitoring Program and approve REZ 2023-04.

In accordance with the provisions of CMC § 10-3.1509, upon receipt of such recommendation (report) from the Commission, the Council shall set the matter for a noticed public hearing and after the conclusion of such hearing the Council may adopt (or deny) the prezoning amendment, or any part thereof. The proposed tentative subdivision maps were approved by Planning Commission Resolution No. 1994, contingent upon Council adoption of the Mitigated Negative Declaration (and Mitigation Monitoring and Reporting Program) prepared for purposes of CEQA and approval of REZ 2023-04 (as well as subsequent annexation of the project site to the City of Madera).

Subsequent actions related to the annexation of the subject property to the City of Madera fall under the jurisdiction of the Madera Local Area Formation Commission (LAFCO) pursuant to the provisions of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (California Government Code [CGC] § 56000 et seq.).

ANALYSIS:

CC 7/17/2024 (REZ 2023-04) – Adell St and D St 3
Pursuant to CMC §10-3-4.101(A) the purpose of the P-D zones is to authorize and regulate density of planned developments and other residential subdivisions. The district is intended to allow use of special design criteria for maximum utility of the site and to allow maximum design flexibility within the density limitations provided.

The proposed planned development project intends to subdivide the development site for the purposes of creating single family residential lots ranging from 4,500 to more than 7,500 square feet in area. REZ 2023-04 proposes to prezone the development site to the PD-4500 zone district to permit a density of one residential unit for each 4,500 square feet of site area to accommodate lot sizes of less than 6,000 square feet in area (development standards for the project are proposed in compliance with conventional R-1 zone district standards). Two existing single family residences will be retained in the R-1 zoning district. Precise Plan elements and development standards are incorporated within the project conditions of approval approved by the Commission.

The entirety of the project site is designated for Low Density Residential (2.1 to 7 dwelling units per acre) land use by the Madera General Plan.

The proposed planned development project, comprising 42 dwelling units on the 9.12-acre development site, yields a density of approximately 4.61 dwelling units per acre, consistent with the Low Density Residential range.

Annexation Area (Project Site):

For purposes of Annexation, the ±9.12-acre development site is supplemented by two additional properties to ensure the annexation creates logical and square boundaries for acceptance by the Madera County Local Agency Formation Commission (LAFCO). The proposed annexation will therefore include APN(s): 038-090-007 & 008, an additional ±0.7 acres (62,640 sf) of area. The total annexation area is ±9.82 acres including the two adjacent parcels not proposed for subdivision or development.

Site Characteristics:

The project site, located on the northern edge of the City, east of Highway 99, is collectively bound by Adell St to the south, North D St to the west, existing farmland, and residential properties.

The project site consists of four separate parcels containing two existing rural residences and vacant, previously agricultural land, grubbed of all vegetation and leveled.

Utility infrastructure is required to be provided with the subdivision. Streets will be built to the ultimate City standards. Stormwater collection and discharge will be at the City owned basin on Sherwood with the applicant required to enhance capacity if required due to the stormwater runoff generated from the proposed project.

CC 7/17/2024 (REZ 2023-04) – Adell St and D St 4
Table 1: Project Overview
Project Number(s): ANX 2023-01, REZ 2023-04, TSM 2023-01; TSM 2024-02; PPL 2023-01.

Applicant: Land Design Consulting Inc.

Property Owners: Shahzada Farooq; Nadeem Ahmed (Development Site).

Location: Generally located on the northeast corner of the intersection of Adell and North D Streets (APN[s]: 038-090-007, 008, 009 & 010)
Project Area: ±9.82-acres
Planned Land Use: Low Density Residential (2.1-7 dwelling units/acre) Zoning District: Existing: RRM (Residential, Rural, Single Family – Madera County) Proposed: PD 4,500 (One unit per each 4,500 sf); and
R-1 (One unit for each 6,000 sq. ft. of site area)
Site Characteristics: Rural single family residential (to remain); and, level vacant land which consists of rural, former agricultural land, disked regularly for vegetation management.

Surrounding Land Uses:

The proposed annexation area is generally surrounded by County rural residential uses to the east and north. Remaining rural residences, a religious facility and new single family residential subdivision are located within City limits on the east side of North D St., across from the project site. Vacant land presently proposed for subdivision and single-family residential development is located within City limits on the south side of Adell St. Table 2 below summarizes the existing development/uses, and the General Plan land use designations and zoning districts surrounding the proposed annexation area.

Table 2: Bordering Site Information (Annexation Area)
Direction Existing Use General Plan Designation Zone District North Residential Low Density Residential RRS (County)
East Vacant land Low Density Residential RRS (County)
South Vacant land Low Density Residential PD (4500) (City) West Residential Low Density Residential R-1 (City)
RRS – Residential, Rural, Single Family (County)
PD 4500 – Planned Development (One Unit per each 4,500 sf of site area) R1 – (One Unit per each 6,000 sf)
Pezoning:

REZ 2023-04 proposes to prezone the project site to the PD-4500 (Planned Development, one unit for each 4,500 sq. ft. of site area) zone district, consistent with the existing Low Density Residential General Plan land use Designation. The adjacent parcels being annexed into the City and not proposed for development, are proposed to be prezoned to the R-1 (Residential, one unit for each 6,000 sq. ft. of site area) zone district.

Policy LU-32 of the Madera General Plan provides that zoning shall be consistent with General Plan land use designations. In areas where the zoning and the land use designation are not identical, Table LU-A: General Plan/Zoning Consistency of the Madera General Plan shall be used to determine consistency for rezoning applications. The PD-4500 and R-1 zone districts are both CC 7/17/2024 (REZ 2023-04) – Adell St and D St 5
consistent with the Low-Density Residential land use designation pursuant to Table LU-A of the Madera General Plan.

The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, California Government Code (CGC) § 56375(C)(7) provides, LAFCO shall require, as a condition to annexation, that a city prezone the territory to be annexed or present evidence satisfactory to LAFCO that the existing development entitlements on the territory are vested or are already at build-out and are consistent with the city’s general plan. However, LAFCO shall not specify how, or in what manner, the territory shall be prezoned (this authority remains with the City Council as a legislative action).

Accordingly, CMC § 10-3.303 et seq. provides, all territory to be annexed to the city shall, prior to being considered by the Madera Local Agency Formation Commission, be prezoned by amendment of the official zoning map and shall be automatically in effect upon the certificate of completion for annexation of the area into the city being recorded by the County Clerk. The zone(s) established by prezoning shall become effective when the property is annexed. Failure to complete the annexation process for any reason shall render any prezoning classification(s) on the official zoning map to be null and void, and the zoning designation(s) shall be removed for the official zoning map. The subject property will be considered to be not prezoned, not within the city limits of the City of Madera, and instead subject to the zoning ordinance of the County of Madera.

Annexation:

The project proposes to annex 4 parcels into the City, including one parcel of ±5 acres, one parcel of ±4.12 acres and two residential parcels of ±0.7 acres in area (the total territory proposed to be annexed is ±9.82 acres in area).

Actions related to the annexation of the subject property to the City of Madera fall under the jurisdiction of the Madera Local Area Formation Commission (LAFCO) pursuant to the provisions of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (California Government Code [CGC] § 56000 et seq.). LAFCOs have numerous powers under the Act, but those of primary concern are the power to act on local agency boundary changes and to adopt spheres of influence for local agencies. Among the purposes of LAFCOs are the discouragement of urban sprawl and the encouragement of the orderly formation and development of local agencies; with a preference granted to accommodating additional growth within, or through the expansion of, the boundaries of those local agencies which can best accommodate and provide necessary governmental services and housing for persons and families of all incomes in the most efficient manner feasible.

City Council approval of the prezone application (REZ 2023-04) authorizes application, by landowner petition, to the Madera Local Agency Formation Commission, to undertake proceedings for the proposed annexation. In this instance, the application to LAFCO will not be initiated by resolution of application of the legislative body (City Council). Payment of all required fees for application to LAFCO or for purposes of annexation shall be the sole responsibility of the applicant.

CC 7/17/2024 (REZ 2023-04) – Adell St and D St 6
The territory proposed for annexation is located in an area that has already experienced some urban development. Existing City utilities are located beneath North D Street and Adell St. The project site would be served by the City water and sewer improvements.

The annexation area also includes previously developed storm drainage infrastructure at the existing Sherwood drainage basin. A County Drainage basin is located at Road 26 and Ellis Street which isn’t intended to be used for this project. City water, sewer, and storm drainage infrastructure will be extended where required, consistent with City standards and subject to the project conditions of approval as development occurs within the annexation area.

Fire, emergency, medical, and police protection services for the annexation area are presently provided by the County of Madera and augmented through contracts and agreements with other agencies and service providers, including the City of Madera. The County of Madera has a contract with CalFire to provide management and staffing of the County’s fire stations and equipment. Ambulance services are provided by a private contractor. The nearest ambulance contractor site is Pistoresi Ambulance, located 2.4 miles to the south. Madera City Fire Station 58 is located 1.25 miles to the southwest and Madera County Fire Station 1 is located 3 miles to the southeast. Madera Police Department is located 2.15 miles to the southeast, and the Madera County Sheriff’s Headquarters is located 1.5 miles to the southwest. While County services currently have jurisdiction within the annexation area, mutual aid agreements allow for the provision of City services within the area presently.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The proposed project has been reviewed for compliance with the requirements of the California Environmental Quality Act (CEQA) Guidelines.

Crawford & Bowen Planning, Inc. has prepared an initial study, performed environmental analyses and evaluated the project in accordance with the CEQA Guidelines and criteria on behalf of the City as lead agency. The conclusions and findings resultant from these environmental studies, analyses and an evaluation of the proposed project determined that although the project could have a significant effect on the environment, there will not be a significant effect because mitigation measures have been identified to reduce the significant direct, indirect or cumulative effects on the environment to a level less-than-significant, and that preparation of a Mitigated Negative Declaration is appropriate for this project.

The Notice of Intent to Adopt a Mitigated Negative Declaration was filed on May 18, 2024, with the County Clerk, published in the Madera Tribune, and posted with the Governor’s Office of Planning and Research (OPR). This initiated a public review period effectively commencing on May 18, 2024, and ending June 10, 2024.

The Planning Commission has made a recommendation to the City Council regarding adoption of the Mitigated Negative Declaration (SCH No. 2024050494), including the Mitigation Monitoring and Reporting Program for purposes of the proposed project at the June 11th, 2024, Planning Commission meeting. The Planning Commission’s recommendation, in the form of an adopted CC 7/17/2024 (REZ 2023-04) – Adell St and D St 7
Resolution No. 1993, is presented with staff’s report for consideration by the City Council with no public comments received during the public review period prior to the Council taking action to adopt or reject Mitigated Negative Declaration (SCH No. 2024050494) for purposes of the proposed project.

PLANNING COMMISSION REVIEW:

The Planning Commission held a public hearing to consider the project at its regular meeting on June 11, 2024. No members of the public addressed the Commission on this item. On a 5-0 vote, the Commission adopted Resolution No. 1993, finding the prezone in conformance with the goals and policies of the General Plan and recommending approval of the same. At the same meeting, the Planning Commission also adopted Resolution No. 1994, approving TSM 2023-01, TSM 2024-02 and PPL 2023-01 contingent upon Council adoption of the Mitigated Negative Declaration (and Mitigation Monitoring and Reporting Program) prepared for purposes of CEQA and approval of REZ 2023-04 (as well as subsequent annexation of the project site to the City of Madera).

FISCAL IMPACT:

The applicant paid Planning Department entitlement fees in accordance with the City’s adopted Master Fee Schedule to offset the cost associated with processing REZ 2023-04. Future development will be required to pay all contemporary impact fees, assessments and charges toward supporting City infrastructure and services. Payment of all required fees for application to LAFCO or for purposes of annexation shall be the sole responsibility of the applicant.

ALTERNATIVES:

As an alternative, the Council may elect to:

1. Move to continue the matter to a future City Council meeting at a date and time certain (Council to specify date) or refer the matter back to staff to be rescheduled at a later meeting date to-be-determined; with direction to staff; or,

2. Move to recommend denial of the proposed application(s), or any part thereof, in such form as the Council may deem to be advisable; and, based on specific findings: (Council to articulate reasons for denial).

ATTACHMENTS:

1. Vicinity Map

2. City General Plan Land Use Map

3. Existing City Zoning Map

4. County Zoning Map

5. Planning Commission Resolution No. 1993

6. IS/MND (SCH No. 2024050494)

7. City Council Ordinance for Rezone
Exhibit "A” – Existing and Proposed Zone District Maps
Exhibit "B” – Mitigation Monitoring and Reporting Program ATTACHMENT 1
Vicinity Map
PC 06/11/2024 (ANX 2023-01: REZ 2023-04; PPL 2023-01; TSM 2023-01; TSM 2024-02) ATTACHMENT 2
City of Madera General Plan Land Use Map
PC 06/11/2024 (ANX 2023-01: REZ 2023-04; PPL 2023-01; TSM 2023-01; TSM 2024-02) ATTACHMENT 3
City of Madera Zoning Map
PC 06/11/2024 (ANX 2023-01: REZ 2023-04; PPL 2023-01; TSM 2023-01; TSM 2024-02) Legend
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ATTACHMENT 5
Planning Commission Resolution No. 1993
RESOLUTION NO. 1993

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MADERA

RECOMMENDING THE CITY COUNCIL OF THE CITY OF MADERA ADOPT MITIGATED NEGATIVE DECLARATION (SCH NO. 2024050494) AND THE

MITIGATION MONITORING AND REPORTING PROGRAM AND
APPROVE PREZONE REZ 2023-04
WHEREAS, the City of Madera has received an application for Annexation (ANX 2023-01} of territory comprising ±9.82 acres of land generally located on the northeast corner of the intersection of Adell and North D Streets {APN[s]: 038-090-007, 008, 009 & 010} to the City of Madera; and WHEREAS, the specific changes of organization requested consist of annexation to the City and detachment from the County of Madera of the territory known as The Adell- D Street No. 1 Annexation; and
WHEREAS, the territory to be annexed is within the Sphere of Influence (SOI) and the Urban Growth Boundary ofthe City of Madera; and
WHEREAS, Government Code (CGC} § 56375(C}(7} requires, as a condition to annexation, that a city prezone the territory to be annexed or present evidence satisfactory to the Local Agency Formation Commission (LAFCO} that the existing development entitlements on the territory are vested or are already at build-out and are consistent with the city's general plan; and WHEREAS, the City of Madera has received an application for Prezone (REZ 2023-04) to prezone the territory to the City of Madera PD-4500 (Planned Development, one unit for each 4,500 square feet of site area} and R-1 (Residential, one unit for each 6,000 square feet of site area} zone districts; and WHEREAS, the territory proposed for annexation is designated for Low Density Residential land uses by the City of Madera General Plan; and
WHEREAS, the PD-4500 and R-1 zone districts, proposed in accordance with REZ 2023-04, are consistent with the Low Density Residential land use designation pursuant to Policy LU-32 and Table LUA: General Plan/Zoning Consistency of the Madera General Plan; and WHEREAS, ANX 2023-01 and REZ 2023-04 have been filed for purposes of facilitating a proposed 42-lot subdivision and single family residential planned development of a ±9.12-acre portion of the territory proposed for annexation in accordance with Tentative Subdivision Maps TSM 2023-01 and TSM 2024-02 (collectively, the "Project"); and
WHEREAS, the project is compatible with other properties and environs within the vicinity of the project and is not expected to be detrimental to the health, safety, peace, comfort or general welfare of the neighborhood or the City; and
WHEREAS, this project was assessed in accordance with the prov1s1ons of the California Environmental Quality Act ("CEQA") resulting in preparation of a Mitigated Negative Declaration {SCH No. 2024050494) including a Mitigation Monitoring and Reporting Program, which has been circulated, and made available for public review pursuant to CEQA and the City of Madera Municipal Code (CMC}; and WHEREAS, pursuant to the City's Municipal Code and State Planning and Zoning Law, the Planning Commission (Commission) is authorized to review and make recommendations to the City Council (Council) for prezones on behalf of the City; and
WHEREAS, the City provided notice of the Commission hearing as required by law for the hearing of June 11, 2024; and
WHEREAS, the Commission received and independently reviewed and considered the information contained in the IS/MND pursuant to CEQA, and reviewed ANX 2023-01 and REZ 2023-04 at the duly noticed meeting on June 11, 2024; and
WHEREAS, at the June 11, 2024, Commission hearing, the public was provided an opportunity to comment, and evidence, both written and oral, was considered by the Commission; and WHEREAS, at the June 11, 2024, public hearing, the public was provided an opportunity to comment, and evidence, both written and oral, was considered by the Planning Commission; and WHEREAS, after due consideration of all the items before it, the Commission now desires to adopt this Resolution recommending the Council adopt Mitigated Negative Declaration (SCH No. 2024050494) for purposes of the proposed project and recommending the Council approve REZ 2023-04 and authorize ANX 2023-01; and
NOW, THEREFORE BE IT RESOLVED, by the Planning Commission of the City of Madera as follows:

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

2. CEQA: The Planning Commission finds an environmental assessment initial study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program were prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations. Preparation of the environmental assessment necessitated a thorough review of the proposed Project and relevant environmental issues. Based on this review and assessment, the Planning Commission finds that although the project could have a significant effect on the environment, there will not be a significant effect because mitigation measures have been identified to reduce the potential significant direct, indirect or cumulative effects on the environment to a level less-than-significant, and that a Mitigated Negative Declaration is appropriate for this project. The Planning Commission further finds the Initial Study and Mitigated Negative Declaration were timely and properly published and noticed as required by CEQA. As such, the Planning Commission recommends the City Council adopt Mitigated Negative Declaration (SCH No. 2024050494) including the Mitigation Monitoring and Reporting Program (Exhibit A).

3. Prezoning Findings: The Commission finds that REZ 2023-04 is consistent with the General Plan goals, policies and objectives and with the General Plan Land Use Plan. The Commission further recommends that the Council find that REZ 2023-04 is consistent with the General Plan goals, policies and objectives and with the General Plan Land Use Plan. The project is consistent with General Plan Policy LU32, which provides zoning shall be consistent with General Plan land use designations and Table LU-A shall be used to determine consistency for rezoning applications. In accordance with Table LU-A, Prezoning to the PD-4500 (Planned Development, one unit for each 4,500 square feet of site area) and R-1 (Residential, one unit for each 6,000 square feet of site area) zone districts is consistent with the Low Density Residential land use designation for the territory as designed by the General Plan.

4. Annexation Findings: The Commission finds that the annexation and development entitlements proposed for the territory to be annexed are consistent with the goals, objectives, and policies of the Madera General Plan. The project is consistent with General Plan Policy LU-13, which states "The City shall support annexation of property to its boundaries for the purpose of new development only when it determines that the following conditions exist:
• Sufficient public infrastructure, facilities, and services are available or will be provided in conjunction with new development; and
• Demands on public infrastructure, facilities and services created by the new development will not result in reductions in capacity that is necessary to serve the existing city limits (including demand created by potential infill development), reductions in existing service levels within the city limits, or the creation of detrimental fiscal impacts on the city" The appropriate findings have been made and as a result, the project would be consistent with the City's General Plan.

5. Recommendation for Approval: The Planning Commission finds and determines that the proposed PD-4500 and R-1 zone districts as requested for the territory to be annexed (comprising APN[s]:
038-090-007, 008, 009 & 010) pursuant to REZ 2023-04, is consistent with the adopted LD (Low Density Residential) General Plan land use designation for the territory pursuant to, and in accordance with, Policy LU-32 and Table LU-A: General Plan/Zoning Consistency of the Madera General Plan. The territory proposed for annexation is located within the Sphere of Influence and Urban Growth Boundary of the City of Madera and ANX 2023-01 accommodates additional growth through a logical formation and modifica~ion/expansion of the boundaries of the City of Madera and all necessary governmental services are available.

Therefore, based on evidence in the record, the Planning Commission recommends that the City Council approve REZ 2022-04 as shown in Exhibit B and approve ANX 2023-01, authorizing the submittal of a landowner petition to the Madera Local Agency Formation Commission.

6. Effective Date: This Resolution shall become effective immediately. The Secretary of the Commission shall certify to the adoption of the Resolution and shall transmit copies of the same to the Council of the City of Madera.
* * * * *
Commissioners Rohi Zacharia, Bobby Sheikh, Balwinder Singh, Saim Mohammad, Jose Eduardo Chavez, Vice Chairperson Ramon Lopez, Chairperson Robert Gran Jr.

None
None
None
Passed and adopted by the Planning Commission of the City of Madera this 11st day of June 2024, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

Attest:

Community Development Director
Attachments:

Robert Gran Jr.

Planning Commission
Exhibit "A" - Mitigation Monitoring and Reporting Program Exhibit "B" - Existing and Proposed Zone District Map
ATTACHMENT 6
IS/MND (SCH NO. 2024050494)
https://www.madera.gov/home/departments/planning/#trother-planning-documents-243607 ATTACHMENT 7
City Council Ordinanace REZ 2023-04 and
IS/MND SCH 2024050494
Including:

Exhibit A: Existing and Proposed Zone District Maps
Exhibit B: Mitigation Monitoring and Reporting Program
ORDINANCE NO. ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA ADOPTING THE MITIGATED NEGATIVE DECLARATION (SCH NO. 2024050494) AND THE

MITIGATION MONITORING AND REPORTING PROGRAM PREPARED FOR

PURPOSES OF THE PROPOSED PROJECT IN ACCORDANCE WITH THE PROVISIONS OF CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA); AND APPROVING REZ 2023-04, AMENDING THE OFFICIAL CITY OF MADERA ZONING MAP TO PREZONE APPROXIMATELY 9.82-ACRES OF PROPERTY (APN’S: 038-090-007, 008, 009 & 010) TO THE PD-4500 (PLANNED DEVELOPMENT, ONE UNIT FOR EACH 4,500 SQUARE FEET OF SITE AREA) AND R-1 (RESIDENTIAL, ONE UNIT FOR EACH 6,000

SQUARE FEET OF SITE AREA) ZONE DISTRICTS
WHEREAS, Land Design Consulting Inc., (“Applicant”) has submitted an application on behalf of Shahzada Farooq; and Nadeem Ahmed, (development site “Owners”) for a prezone (REZ 2023-04) for approximately 9.82 acres of land located on the northeast corner of the intersection of Adell St and North D St, comprising APN(s) 038-090-007, 008, 009 & 010, in the City of Madera, California (“project site”); and
WHEREAS, the project site is planned for Low Density Residential land uses in the adopted City of Madera General Plan and is currently zoned RRM (Residential, Rural, Multiple Family) by the Madera County Zoning Ordinance; and
WHEREAS, the Owner is seeking approval to prezone the project site associated with Annexation (ANX 2023-01) to the PD-4500 (Planned Development, One unit for each 4,500 square feet of site area) and R-1 (One unit for each 6,000 sq. ft. of site area) zone districts pursuant to REZ 2023-04; and WHEREAS, REZ 2023-04 was filed to facilitate approval of two tentative subdivision maps (TSM 2023-01 & 2024-02) and a Precise Plan proposing to subdivide an approximately 9.12-acre portion of the project site (APN[s]: 038-090-009 & 10), the “development site,” for purposes of creating a 42-lot single family residential planned development; and
WHEREAS, this project was assessed in accordance with the provisions of the California Environmental Quality Act (“CEQA”) resulting in preparation of a Mitigated Negative Declaration (SCH No. 2024050494) including a Mitigation Monitoring and Reporting Program, which has been circulated, and made available for public review pursuant to CEQA and the City of Madera Municipal Code (CMC); and WHEREAS, pursuant to the CMC, a properly noticed public hearing was held before the Planning Commission of the City of Madera (Commission) on June 11, 2024, resulting in adoption of Planning Commission Resolution No. 1993 recommending the City Council of the City of Madera (Council) adopt Mitigated Negative Declaration and mitigation monitoring and reporting program prepared for the proposed project, and approve REZ 2023-04; and
WHEREAS, pursuant to the CMC, a public hearing (for amendments to zone boundaries/changes of property from one zone to another) shall be held before the Council and the Council shall adopt the amendment and Environmental Review; and
WHEREAS, the City provided notice of the Council hearing as required by law; and WHEREAS, the Council received and independently reviewed REZ 2023-04 during the duly noticed public hearing conducted at the regularly scheduled meeting of the Council on July 3, 2024; and WHEREAS, at the July 3, 2024, public hearing, the public was provided an opportunity to comment, and evidence, both written and oral, was considered by the Council; and WHEREAS, after due consideration of all the items before it, the Council now desires to adopt this Ordinance approving REZ 2023-04, and certify the MND (SCH 2024050494).

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

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

SECTION 2. CEQA: The City Council finds an environmental assessment initial study/Mitigated Negative Declaration (SCH No. 2024050494) and Mitigation Monitoring and Reporting Program were prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations. Preparation of the environmental assessment necessitated a thorough review of the proposed Project and relevant environmental issues. Pursuant to CEQA Guidelines Section 15074(b), after consideration of the whole of the administrative record, including the Mitigated Negative Declaration circulated on May 18, 2024, and all comments received, the City Council finds based upon substantial evidence in the record that although the project could have a significant effect on the environment, there will not be a significant effect because mitigation measures have been identified to reduce the potential significant direct, indirect or cumulative effects on the environment to a level less-than-significant, and that a Mitigated Negative Declaration is appropriate for this project. The City Council further finds the Initial Study and Mitigated Negative Declaration were timely and properly published and noticed as required by CEQA and reflect the independent judgement and analysis of the City. As such, the City Council hereby adopts Mitigated Negative Declaration (SCH No. 2024050494) including the Mitigation Monitoring and Reporting Program (Exhibit B).

SECTION 3. Findings. Based upon the record before it at the public hearing, the City Council determines the adoption of the proposed prezoning ordinance as recommended by the Planning Commission is in the best interest of the City of Madera. The City Council finds REZ 2023-04 is consistent with the City’s Zoning Ordinance to promote the growth of the City in an orderly and sustainable manner and to ensure consistency with the City General Plan. The City Council hereby makes the following findings:
a. The proposed Prezone will provide the required consistency between the General Plan and zoning in accordance with Table LU-A: General Plan/Zoning Consistency of the Madera General Plan as required by General Plan Policy LU-32.

Table LU-A of the General Plan identifies General Plan Land Use Category and Consistent Zoning Districts. According to Table LU-A, the R-1 and PD-4500 zone districts are consistent with the Low-Density Residential Land Use designation for the site. b. The Prezone is not expected to be detrimental to the health, safety peace, comfort, or general welfare of the neighborhood or the City.

Environmental analyses and findings prepared for the proposed project and as provided in the MND (SCH No. 2024050494) considered potential environmental impacts associated with the project. Mandatory findings of significance provide the project will not result in significant environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. In addition, all required standards of the Zoning Regulations contained within the City Municipal Code will be complied with and conditions of approval will be applied to ensure the proposed project will not be detrimental to the health, safety, peace, comfort or general welfare of the neighborhood or City.

SECTION 4. Approval of REZ 2023-04. The City Council hereby approves REZ 2023-04 and hereby amends the City of Madera Zoning Map as provided for in Chapter 3 of Title X of the Madera Municipal Code as illustrated in the hereto attached Exhibit “A,” which indicates the segment of the City of Madera Zoning Map to be amended.

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

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

SECTION 7 Effect Date of Ordinance. This Ordinance shall be effective and of full force and effect at 12:01 a.m. on the thirty-first day after its passage. * * * * *
Exhibit “A” – PD (4500) and R-1 zone district
Exhibit “B” – Mitigation Monitoring and Reporting Program Exhibit A
Existing and Proposed Zone District Maps
PC 06/11/2024 (ANX 2023-01: REZ 2023-04; PPL 2023-01; TSM 2023-01; TSM 2024-02) EXISTING;
PROPOSED:
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Legend
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REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: July 17, 2024
Agenda Number: C-1
Keith Helmuth, Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Westberry Bridge, Street Lighting and Bridge Façade Workshop RECOMMENDATION:

Review provided information on the Westberry Bridge Street Lighting fixtures alternative and bridge façade treatment alternatives
BACKGROUND:

On August 3, 2022, the City Council approved a $1,250,000 engineering design contract with Cornerstone Engineering Group (Cornerstone) for the engineering design of the Westberry Bridge. The construction cost is estimated to be approximately $16 million in 2026 dollars.

In February 2024, Cornerstone submitted a 65 percent design review set of Plans, Specifications, and an Estimate for the ongoing project. As part of the review process, City staff examined the documents and provided feedback to ensure alignment with community and regulatory requirements.

Currently, Cornerstone is preparing the 90 percent set of documents, incorporating the input received during the review. In parallel, they have engaged with relevant local, State, and federal agencies to secure necessary permits.

The project's progress is advancing as planned. To maintain this momentum, Cornerstone is soliciting input specifically on the lighting and bridge façade elements, striving to enhance these aspects while keeping additional design costs to a minimum. This effort aims to achieve a functional and aesthetically pleasing design, reflecting the community's expectations.

SUMMARY:

The Westberry Bridge is structurally designed, similar to the Schnoor Bridge. It is being designed to accommodate four travel lanes, bike lanes, and sidewalks on both sides. The bridge's width is 92 feet, while the length is approximately 400 feet. A 12-inch water main ties the north and south side water main grids together.

As part of the City’s review process, staff is requesting Council guidance on two visual elements at a future meeting. The items are the type of streetlights and the bridge façade treatment. The purpose of this presentation is to present options so the Council can make a determination at a future Council meeting.

Lighting:

The City Standard Street Light (City Standard Drawing ST-20) is the minimum required lighting standard currently included in the project cost. There are 6 streetlights planned for the bridge structure and adjacent landing areas. The construction cost for a standard City streetlight is approximately $10,000 per fixture. If more decorative fixtures are desired, numerous companies can provide aesthetically pleasing fixtures for the bridge.

Additional Construction Cost
The additional cost of decorative fixtures of this type can range from $15,000 to $65,000 per fixture. For 6 fixtures, it can increase the cost from $90,000 to $390,000.

Façade Treatment
East Side Façade
The east side of the bridge will be the most visible until such time as development commences to the west. This side is available for surface treatment to enhance its visual appeal. The most common surface treatment uses a concrete form liner, which can create almost any shape or texture. The most common shapes and textures include brick or stone, which can also be colored for added effect. Attachment 1 provides several photo examples of common façade textures that can be applied.

The additional estimated construction cost for the concrete form liner treatment method is approximately $40 per square foot in today's dollars. The estimated square footage of the recessed portion of the façade is 1,200 square feet, resulting in an added construction cost of $48,000. If concrete stain is to be added to the texture, the additional cost is approximately $50 per square foot, which adds another $60,000. This cost analysis applies to only one side of the bridge.

West Side Façade
A significant aspect of the bridge design involves the installation of a 12-inch water main, which will be attached to the bridge façade on the downstream (west) side. This side was selected to minimize the visual impact. Due to the water main covering a major portion of the façade, there is limited opportunity to incorporate decorative features. However, there may be an opportunity to cover the water line with a material that reduces its visual impact, which is being explored as part of the design process.

FINANCIAL IMPACT:

As this is a Workshop, there is no financial impacts as a result of the discussion.

ATTACHMENTS:

1. Street Light Examples

2. Common Façade Textures
Attachment 1
Street Light Examples

Attachment 2
Common Façade Textures
This photo from another bridge illustrates how the water line will be attached (or hung) off the west side of the bridge. It will be an exposed 12” steel water main. 12” Water Main
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REPORT TO CITY COUNCIL
Approved by: Council Meeting of: July 17, 2024
_________________________________ Agenda Number: ____________ Keith Helmuth, P.E. Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Update on 2024 emergency repair of Avenue 13 sewer trunk main failures and renew a finding of emergency relating to emergency response and repairs necessitating emergency contracts without competitive bidding
RECOMMENDATION:

1. Receive an update on the status of emergency repairs to the Avenue 13 sewer trunk main failures that occurred June 3, 2024 and June 10, 2024; and

2. Adopt a resolution renewing a finding of emergency relating to emergency response and repairs to the sanitary sewer main pursuant to Public Contract Code Section 22050 SUMMARY:

The City of Madera (City) experienced an unexpected failure of the sewer trunk line in Avenue 13 approximately 3,000 feet west of Granada Drive on Monday, June 3, 2024. In a separate, unrelated incident, an additional significant, unexpected failure occurred in the same line in Avenue 13, approximately 100 feet west of Granada Drive on Monday, June 10, 2024. The City Manager as Director of Emergency Services issued a declaration of local emergency for each failure due to conditions of extreme peril to the health and safety of persons and property within Madera. Staff immediately mobilized emergency work efforts to respond to the collapse and provide sanitary sewer services to City residents, as well as residents of the areas of Parksdale and Parkwood that connect to the City’s sewer line. Relating to the June 3, 2024, failure, on June 5, 2024, the City Council adopted Resolution number 24-80 making findings of emergency relating to the emergency response and repairs pursuant for that incident consistent with Public Contract Code 22050 allowing staff to continue with accelerated repair and construction at the failure site without a formal competitive bidding process. Relating to the June 10, 2024, failure, on June 12, 2024, the City Council adopted Resolution number 24-82 making findings of emergency relating to the emergency response and repairs pursuant for that incident consistent D-1
with Public Contract Code 22050 allowing staff to continue with accelerated repair and construction at the failure site without a formal competitive bidding process. On June 19, 2024, City Council adopted Resolution number 24-98 ratifying action taken by City Council on June 12, 2024 and renewing the finding of continuing emergency. At the regular meeting of July 3, 2024, City Council continued the finding of emergency by adopting Resolution number 24-108. The requested action is to renew these findings and continue the findings of emergency consistent with Public Contract Code 22050.

DISCUSSION:

The long-term sewer bypass pumping for the cured-in-place (CIPP) lining project was activated on Monday, July 8th. Rain for Rent services are no longer needed for the emergency repairs. They have discontinued pumping operations and moved out of the project area. FJC is currently replacing the failed pipeline at the site of the June 3rd collapse, Mission Bell. Once that pipeline is installed, it will be video inspected for compliance. After acceptance of the new pipe installation, both emergency repair sites will be prepped for reconstructing the roadway damaged by repair activities. This will likely occur the week of July 22nd.

At the time of this report, the CIPP lining contractor, SAK Construction, cleaned and investigated the existing pipeline to receive the first installation of CIPP liner. Approximately 835 feet of CIPP liner was installed during the early morning hours of Thursday July 11, 2024.

BACKGROUND:

On June 3, 2024, at approximately 2:30 PM, County staff was notified by a resident of a significant failure in Avenue 13 near Mission Bell winery. County crews notified City staff of a likely sewer failure at the location. City crews confirmed by visual inspection that the sewer trunk main had experienced a failure causing a large void in the road and partially obstructing the flow. This event resulted in a declaration of emergency by the City Manager as Director of Emergency Services.

At a special meeting on June 5, 2024, the City Council took action via adoption of resolution number 24-80 affirming the state of emergency, the emergency actions and repairs, and ratifying the award of emergency contracts without competitive bidding.

On Monday, June 10, 2024, at approximately 10:30 AM, City staff was informed of a roadway collapse approximately 100 feet to the west of the intersection of Avenue 13 (Pecan Avenue) and Road 25 (Granada Drive). The rear trailer of a truck pulling two (2) trailers had fallen into a hole in the roadway directly above the City’s sewer trunk line. The sewer trunk line is the main collection line for the City’s sewer system that carries the flow of sewage from City residents and businesses to the Waste Water Treatment Plant (WWTP). It was determined that the sewer trunk line had collapsed at this location and flow was impeded. The health and safety of residents was at risk due to the imminent backup of raw sewage in the system if the collapse was not addressed immediately. The City Manager as Director of Emergency Services declared a local emergency. At a special meeting on June 12, 2024, the City Council took action via resolution numbers 24-81 and 24-82 affirming the state of emergency, the emergency actions and repairs, and ratifying the award of emergency contracts without competitive bidding.

Due to the critical nature of the repair at the failure sites and the potential disastrous impact to the community from the complete loss of sewer collection infrastructure and the potential for the backup of raw sewage, immediate action was taken by the City to secure the sites, implement a bypass pumping operation, stabilize the collapsed roadway portions and risk to adjacent utilities, and plan for emergency repairs to the sewer line in both locations.

The City engaged several contractors under Public Contract Code section 22050, which allows the City Council to authorize the City Manager to enter into contracts for emergency work without engaging in competitive bidding. This allowed the City to begin work on the site immediately to protect the health and safety of the public.

State law requires that the City Council review the emergency action at its next regularly scheduled meetings until the action is terminated. A four-fifths vote is also required, along with a determination that there is a need to continue the action. The requested action is to renew and continue the findings of need for emergency contracts to protect the health and safety of Madera’s residents for both failures.

FINANCIAL IMPACT:

Determination of costs incurred to date and projected costsis ongoing to repair the two collapsed sections. The bypass pumping cost estimate has been revised reflecting the on-going pump watch costs and additional equipment needed to optimize pumping operations. The revised overall estimate for costs associated with the emergency has been increased to $2,500,000.

Additionally, there will be change order costs associated with CIPP lining project that was awarded to SAK Construction on June 12, 2024 due to accelerated mobilization and extra work tied to the emergency repair. The contract for SAK Construction was awarded by Council at a Special Meeting on June 12, 2024. Table 1 on the following page provides an overview of costs for the emergency repairs (this item) and the CIPP lining project.

Table 1: Budget for Avenue 13 Sewer Main Repairs & Rehabilitation Line Item Amount (1)
2024 Emergency Repairs for the two collapsed sections of sewer main (2) Floyd Johnson/Rain for Rent/ et al (3) $2,500,000
Cured-in-place (CIPP) Lining (Granada to the Waste Water Treatment Plant; ±3.5 miles) (4) SAK construction contract $8,328,452
Project contingency $1,665,690
Various related services $832,845
Total Project Budget for CIPP $10,826,988
Total for both projects (5) $12,826,988

1. All figures rounded to nearest dollar and may not add up due to rounding.

2. Includes both collapsed sections.

3. Estimate as of July 10, 2024.

4. Contract was awarded by the City Council at a Special meeting on June 12, 2024

5. Total includes Floyd Johnson, Rain for Rent, et al and SAK.

It is anticipated that the cost of emergency repairs and bypass pumping will be applied to the Avenue 13 Sewer Trunk Main Rehabilitation Project, SS-00014. Those funding sources have been identified as American Rescue Plan Act (ARPA) and monies received from the State of California specifically for this rehabilitation project.

ALTERNATIVES:

The City Council may choose not to renew the emergency action. Staff does not recommend this at this time as the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency.

ATTACHMENTS:

1. Resolution renewing a finding of emergency relating to emergency response and repairs to the sanitary sewer main, and ratifying the award of emergency contracts without competitive bidding for the emergency repairs on the sewer main

2. Staff report packet for Agenda Item A-1 of the Special Council Meeting of June 5, 2012

3. Staff report packet for Agenda item A-1 of the Special Council Meeting of June 12, 2024 ATTACHMENT 1
RESOLUTION NO. 24-__

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

CALIFORNIA, RENEWING A FINDING OF CONTINUING EMERGENCY

RELATING TO MULTIPLE SEWER FAILURES ON THE SEWER MAIN AT AVENUE 13 WEST OF GRANADA DRIVE, AFFIRMING THE EMERGENCY

ACTIONS TAKEN BY THE CITY MANAGER TO MAKE EMERGENCY REPAIRS

ON THE SANITARY SEWER MAIN, AND RATIFYING THE AWARD OF

EMERGENCY CONTRACTS WITHOUT COMPETITIVE BIDDING FOR THE

EMERGENCY REPAIRS ON THE SEWER MAIN
WHEREAS, Public Contract Code Section 22050 provides that in the case of an emergency, a public agency, pursuant to a four-fifths vote of its governing body, may repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts.

WHEREAS, Public Contract Code further provides that before a governing body takes any action as set in the recital hereinabove, it shall make a finding, based on substantial evidence set forth in the minutes of its meeting, that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency.

WHEREAS, pursuant to Public Contract Code Section 1102 an “emergency,” means a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.

WHEREAS, the sewer main located at Avenue 13 west of Granada Drive is the sole sewer main that conveys all City sewerage to the City’s Wastewater Treatment Plant; and WHEREAS, the City experienced an unexpected sewer main collapse on June 3, 2024, and the sewer main had a secondary collapsed on June 10, 2024, in a different location, both resulting in a large void in the roadway and sewerage flows temporarily backing up into the City system requiring operators to install temporary by-pass pumps in order to pump the sewerage past the localized line break and to maintain by-pass pumping continuously on a 24-hr basis at all hours until the repair is complete; and
WHEREAS, the sewer main services the entire City and community of Parkwood and failure of the pipeline, without the by-pass pumping, would result in a large sanitary sewer overflow; and
WHEREAS, sanitary sewer overflows over 1,000 gallons will result in a Notice of Violation from the California Water Board per Water Quality Order 2006-0003-DWQ; and WHEREAS, the repairs necessary are described as follows: provide traffic control, pump out and bypass the area of main collapse, remove and replace the main at the line break, make repairs and rehabilitation to potential failure conditions upon further discovery and investigation, secure all utilities in conflict at the location, backfill and around sewer main and trench, repair damage to street and demobilize; and
WHEREAS, the City of Madera has secured several contractors and specialty trades to remedy the situation including Floyd Johnston Construction to make the necessary repairs and investigation, Rain for Rent to provide temporary pumps to provide by-pass pumping of the sewage; AWP Traffic (formerly Statewide) to provide traffic control for the road closure and site protection; and
WHEREAS, additional goods, trades and services may be required including but not limited to sewer video inspection, pipe cleaning, geotechnical engineering, materials and appurtenances for repairs; and
WHEREAS, the City crews also worked overtime to maintain the sewer pumps and to provide Construction Management for this project; and
WHEREAS, in accordance with Madera City Code Section 3-2.04, the City Manager has provided a detailed staff report setting forth the specific facts establishing the emergency, why the emergency did not permit a delay resulting from a competitive solicitation for bids, and why his actions were necessary to respond to the emergency associated with the aforementioned repairs as well as on the costs associated with the repairs; and WHEREAS, it is highly likely that failure to immediately make the required repairs will result in danger to the health, safety, and welfare of the City residents, members of the public, and/or public facilities; and
WHEREAS, the City Council has considered the written reports and verbal reports of the City Manager at special meetings on June 5, 2024, and June 12, 2024, at regular meetings of June 19, 2024, and July 3, 2024, and determined that the facts and circumstances are such that emergency repairs were and are needed.

WHEREAS, the City Council has considered the report of the City Manager at a regular meeting and again desires to determine that the facts and circumstances are such that emergency repairs were and are needed, and that emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency.

NOW, THEREFORE the City Council resolves as follows:

1. The staff reports and any presentation regarding this emergency, and recitals herein, are incorporated into this resolution by reference.

2. The repairs described in the recitals and staff report constitute a continuing emergency requiring the continuing need to take immediate action and require procurement of necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts.

3. The “emergency” described in this resolution meets the requirements as set forth in the Public Contract Code as it constitutes a sudden, unexpected occurrence that posed a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.

4. The Council renews its finding that the emergency will not permit a delay resulting from a competitive solicitation for bids and that the action was and is necessary to respond to the emergency.

5. The City Council ratifies any interim emergency action taken by the City Manager, including any award of emergency purchase orders and contracts without competitive bidding for the emergency repairs.

6. Upon completion of the aforementioned emergency repairs and stabilization work, any other work shall be made through a competitive bid process as required by the Madera City Code and Public Contract Code.

7. The City Council hereby directs the City Manager to make status reports at each regularly scheduled Council meeting, pursuant to Section 22050 of the Public Contracts Code until the repairs have been completed.

8. This Resolution shall become effective upon adoption. ***********
ATTACHMENT 2

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: June 5, 2024
Agenda Number: A-1
Keith Helmuth, Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Emergency Repairs to Avenue 13 Sewer Trunk Main between Granada Drive and Road 24 RECOMMENDATION:

Adopt a Resolution making a finding of emergency relating to sewer failures on the sewer main in Avenue 13 between Granada Drive and Road 24, affirming the emergency actions taken by the City Manager to make emergency repairs on the sanitary sewer main, and ratifying the award of emergency contracts without competitive bidding for the emergency repairs on the sewer main SUMMARY:

On Monday, June 3, 2024, at approximately 2:30 PM, County staff was notified by a resident of a significant failure in Avenue 13 near Mission Bell winery. County crews notified City staff of a likely sewer failure at the location. City crews confirmed by visual inspection that the 48-inch sewer trunk main had experienced a failure in the top of the pipe causing a large void in the road and partially obstructing the flow.

The condition is very similar to the initial sewer and roadway collapse along the northern shoulder of Avenue 13 (Pecan Avenue), 30 feet west of Granada Drive, that occurred in January, 2023. Due to the critical nature of the repair and the potential disastrous impact to the community from the complete loss of sewer collection infrastructure, immediate action was taken by the City to secure the site, implement bypass pumping and plan for the repair.

The City engaged several contractors under Public Contract Code section 22050, which allows the City Council to authorize the City Manager to enter into contracts for emergency work without engaging in competitive bidding. This allowed the City to start work on this project immediately.

Funds for the sewer repairs are included in the City’s Fiscal Year (FY) 2023/24 Sewer Budget under the Avenue 13 Sewer Trunk Main Rehabilitation Project.
for
Adoption of this resolution requires a 4/5 vote of the Council.

DISCUSSION:

Though we are still investigating, it is believed the pipe failure was caused by concrete degradation in the top of the pipe. The pipe is subject to high Hydrogen Sulfide (H2S) gas concentrations, which is a byproduct of the natural degradation process of raw sewage. This H2S gas contributes to the pipe deterioration process. The location is downstream of the convergence of two large sewer mains which also contributes to the condition noted above.

While the collapse was sudden, there have been concerns relative to the structural integrity of pipelines within the City to which the Engineering staff has been actively addressing. On November 3, 2021, the City hired MKN and Associates (MKN) for professional engineering and construction management services for the Avenue 13 Interceptor Sewer Rehabilitation, City Project No. SS-00014 (“Project”). The Project consists of rehabilitating 24,570 Lineal Feet (LF) of 42-inch to 48-inch sanitary sewer. A portion of the sewer line is located along Schnoor Avenue, from Industrial Avenue to Almond Avenue. The remaining portion is on City easements south of Schnoor (Evapco & ADS properties) and along Avenue 13, east of Road 25, leading to the City’s Waste Water Treatment Plant (WWTP).

With assistance from American Rescue Plan Act funds and earmarks from Congressman Costa, Senator Caballero, and Congressman Duarte, the City has been able to prioritize rehabilitation of the Avenue 13 sewer trunk main. Ironically, the City recently advertised and opened bids on Phase I and Phase II, combined, which will rehabilitate the pipeline from Granada Drive all the way to Road 21 ½ at the WWTP. This emergency repair is within the limits of that project.

Fortunately, it does not compromise the planned project moving forward.

Staff requests that an emergency action in accordance with Public Contract Code 22050 be declared, allowing staff to continue with an accelerated repair and construction. Such a declaration would enable staff to perform these tasks and forego the steps typically required for advertisement and award under the requirements of the Public Contract Code.

The remainder of the Avenue 13 project is on track for construction this summer with award of the project anticipated for the June 19 City Council meeting. The City received four bids on May 29th that appear to have met all the requirements of the bid documents and are within the project budget.

FINANCIAL IMPACT:

It is difficult to provide a cost estimate at this time due to the unknown conditions. Based on costs from the previous sewer collapse, traffic control costs are estimated around $40,000. Set up and break down costs and the first week of bypass pumping are in the neighborhood of $60,000; following weeks of bypass pumping are currently estimated at $25,000 per week. The quote from FJC for the previous initial repair ofsewer main failure at Granada Drive was $150,000 to repair the pipeline and roadway.

City Council will be notified of project costs as they occur and are identified. Table 1 identifies a preliminary project cost.

Table 1: Estimated Emergency Repair Costs
Item Responsible Party Cost
Repair the pipeline and street repair FJC $150,000
By-pass pump rental for week one Rain-for-Rent $60,000
Traffic Control Safety Network $40,000
Testing and Investigations Various 10,000
It is anticipated that the cost of emergency repairs and bypass pumping will be applied to the Avenue 13 Sewer Trunk Main Rehabilitation Project, SS-00014.

ALTERNATIVES:

Given that emergency repairs have commenced, there are not likely any reasonable options to be considered.

ATTACHMENTS:

1. Resolution

2. Location Map

3. Photos
ATTACHMENT 1
Resolution
Exhibit 2
RESOLUTION NO. 24-80

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

CALIFORNIA, MAKING A FINDING OF EMERGENCY RELATING TO SEWER FAILURES ON THE SEWER MAIN AT AVENUE 13 BETWEEN GRANADA DRIVE AND ROAD 24, AFFIRMING THE EMERGENCY ACTIONS TAKEN BY

THE CITY MANAGER TO MAKE EMERGENCY REPAIRS ON THE SANITARY

SEWER MAIN, AND RATIFYING THE AWARD OF EMERGENCY CONTRACTS

WITHOUT COMPETITIVE BIDDING FOR THE EMERGENCY REPAIRS ON THE

SEWER MAIN
WHEREAS, Public Contract Code Section 220250 provides that in the case of an emergency, a public agency, pursuant to a four-fifths vote of its governing body, may repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts.

WHEREAS, Public Contract Code further provides that before a governing body takes any action as set in the recital hereinabove, it shall make a finding, based on substantial evidence set forth in the minutes of its meeting, that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency.

WHEREAS, pursuant to Public Contract Code Section 1102 an "emergency," means a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.

WHEREAS, the sewer main located at Avenue 13 between Granada Drive and Road 24 is the sole sewer main that conveys all City sewerage to the City's Wastewater Treatment Plant; and
WHEREAS, the sewerage main collapsed on June 3, 2024 resulting in a large void in the roadway and sewerage flows temporarily backing up into the City system requiring operators to install temporary by-pass pumps in order to pump the sewerage past the localized line break and to maintain by-pass pumping continuously on a 24-hr basis at all hours until the repair is complete; and
WHEREAS, the sewer main services the entire City and community of Parkwood and failure of the pipeline, without the by-pass pumping, would result in a large sanitary sewer overflow; and
WHEREAS, sanitary sewer overflows over 1,000 gallons will result in a Notice of Violation from the California Water Board per Water Quality Order 2006-0003-DWQ; and Exhibit 2
WHEREAS, the repairs necessary are described as follows: provide traffic control, pump out and bypass the area of main collapse, remove and replace the main at the line break, make repairs and rehabilitation to potential failure conditions upon further discovery and investigation, secure all utilities in conflict at the location, backfill and around sewer main and trench, repair damage to street and demobilize; and
WHEREAS, the City of Madera has secured several contractors and specialty trades to remedy the situation including Floyd Johnston Construction to make the necessary repairs and investigation, Rain for Rent to provide temporary pumps to provide by-pass pumping of the sewage; Safety Network to provide traffic control for the road closure and site protection; and WHEREAS, additional goods, trades and services may be required including but not limited to sewer video inspection, pipe cleaning, geotechnical engineering, materials and appurtenances for repairs; and
WHEREAS, the City crews also worked overtime to maintain the sewer pumps and to provide Construction Management for this project; and
WHEREAS, in accordance with Madera City Code Section 3-2.04, the City Manager has provided a detailed staff report setting forth the specific facts establishing the emergency, why the emergency did not permit a delay resulting from a competitive solicitation for bids, and why his actions were necessary to respond to the emergency associated with the aforementioned repairs as well as on the costs associated with the repairs; and WHEREAS, it is highly likely that failure to immediately make the required repairs will result in danger to the health, safety, and welfare of the City residents, members of the public, and/or public facilities; and
WHEREAS, the City Council has considered the written report and verbal report of the City Manager at a regular meeting and determined that the facts and circumstances are such that emergency repairs were and are needed.

NOW, THEREFORE the City Council resolves as follows :

1. The staff report regarding this resolution and the recitals herein are incorporated herein by reference.

2. The repairs described in the recitals and staff report constitute an emergency requiring the need to take immediate action and require procurement of necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts.

3. The "emergency" described in this resolution meets the requirements as set forth in the Public Contract Code as it constitutes a sudden, unexpected occurrence that posed a clear Exhibit 2
and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.

4. The Council finds the emergency will not permit a delay resulting from a competitive solicitation for bids and that the action was and is necessary to respond to the emergency.

5. The City Council ratifies the emergency action taken by the City Manager, including the award of an emergency purchase orders and contracts without competitive bidding for the emergency repairs.

6. Upon completion of the aforementioned emergency repairs and stabilization work, any other work shall be made through a competitive bid process as required by the Madera City Code and Public Contract Code.

7. The City Council hereby directs the City Manager to make status reports at each regularly scheduled Council meeting, pursuant to Section 22050 of the Public Contracts Code until the repairs have been completed.

8. This Resolution shall become effective upon adoption. ***********
Exhibit 2
Res. No. 24-80
PASSED AND ADOPTED by the City Council of the City of Madera this 5th day of June 2024 by the following vote:

AYES: Mayor Garcia, Councilmembers Rodriguez, Montes, Evans, Mejia and Villegas.

NOES: None.

ABSTENTIONS: None.

ABSENT: Mayor Pro Tern Gallegos.

APPROVED:

ATTEST:
~
ATTACHMENT 2
Location Map
AVENUE13
CLOSED
ATTACHMENT 3
Photos
Hole approximately 18 feet
deep and 20 feet wide I L_ __ I
Bypass Pumping Set Up
ATTACHMENT 3

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: June 12, 2024
_________________________________ Agenda Number: ____________ Wendy Silva, Department Director
_________________________________
Keith Helmuth, City Engineer
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Ratify declaration of a local emergency and emergency repairs to Avenue 13 sewer trunk main due to multiple failure sites
RECOMMENDATION:

Adopt Resolutions:

1. Ratifying the declaration of a local emergency by the City Manager as Director of Emergency Services due to additional failure of the City sewer trunk line on June 10, 2024; and

2. Making a finding of emergency relating to emergency response and repairs to the sanitary sewer main and ratifying the award of emergency contracts without competitive bidding for the emergency repairs on the sewer main
SUMMARY:

The City of Madera (City) experienced an unexpected, significant failure of the sewer trunk line in Avenue 13, approximately 100 feet west of Granada drive on Monday, June 10, 2024. The City Manager as Director of Emergency Services issued a declaration of local emergency due to conditions of extreme peril to the health and safety of persons and property within Madera. Staff immediately mobilized emergency work efforts to respond to the collapse and provide sanitary sewer services to City residents, as well as residents of the areas of Parksdale and Parkwood that connect to the City’s sewer line. The requested action is twofold: (1) to ratify the declaration of local emergency, and (2) to make a finding of emergency relating to the emergency response and repairs pursuant to Public Contract Code 22050 allowing staff to continue with accelerated repair and construction at the failure site without a formal competitive bidding process.

DISCUSSION:

On Monday, June 10, 2024, at approximately 10:30 AM, City staff was informed of a roadway collapse approximately 100 feet to the west of the intersection of Avenue 13 (Pecan Avenue) and Road 25 (Granada Drive). The rear trailer of a truck pulling two (2) trailers had fallen into a hole in the roadway directly above the City’s sewer trunk line. The sewer trunk line is the main collection line for the City’s sewer system that carries the flow of sewage from City residents and businesses to the Waste Water Treatment Plant (WWTP).

It was determined that the sewer trunk line had collapsed at this location and flow was impeded.

The health and safety of residents was at risk due to the imminent backup of raw sewage in the system if the collapse was not addressed immediately. The City Manager as Director of Emergency Services declared a local emergency, calling on residents to take immediate actions to limit the introduction of flow to the sewer system. The first resolution contemplated with this report ratifies the declaration of a local emergency.

Due to the critical nature of the repair at the failure site and the potential disastrous impact to the community from the complete loss of sewer collection infrastructure and the potential for the backup of raw sewage, immediate action was taken by the City to secure the site, implement a bypass pumping operation, stabilize the collapsed roadway and risk to adjacent utilities, and plan for emergency repairs to the sewer line.

The City engaged several contractors under Public Contract Code section 22050, which allows the City Council to authorize the City Manager to enter into contracts for emergency work without engaging in competitive bidding. This allowed the City to begin work on the site immediately to protect the health and safety of the public. The second resolution contemplated with this report ratifies the award of emergency contracts under the referenced Public Contract Code section. It should be noted that the second resolution requires a 4/5 vote of the City Council.

Previously, on June 3, 2024, at approximately 2:30 PM, County staff was notified by a resident of a significant failure in Avenue 13 near Mission Bell winery. County crews notified City staff of a likely sewer failure at the location. City crews confirmed by visual inspection that the sewer trunk main had experienced a failure causing a large void in the road and partially obstructing the flow.

This event resulted in a declaration of emergency by the City Manager as Director of Emergency Services. The City Council ratified the declaration and emergency contracts for the June 3, 2024, collapse at its June 5, 2024, meeting. The resolution from this action is provided as Exhibit 2 to the first resolution for reference.

FINANCIAL IMPACT:

It is difficult to provide a cost estimate at this time due to the unknown conditions and early stages of the situation. The City Council will be provided regular reportsrelating to the emergency contracts and expenditures to address the June 10, 2024, sewer line failure.

ALTERNATIVES:

Staff does not recommend any alternatives than proceeding with emergency repairs to ensure the health and safety of the public.

ATTACHMENTS:

1. Resolution Ratifying the declaration of a local emergency by the city Manager as Director of Emergency Services due to additional failure of the City Sewer trunk line on June 10, 2024
Exhibit 1: Declaration proclaiming the existence of a local emergency for the June 10, 2024, sewer trunk failure
Exhibit 2: City Council Resolution 24-80 ratifying the existence of a local emergency

2. Resolution Making a finding of emergency relating to emergency response and repairs to the sanitary sewer main, and ratifying the award of emergency contracts without competitive bidding for the emergency repairs on the sewer main Attachment 1
RESOLUTION NO. 24-81

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

RATIFYING THE DECLARATION OF A LOCAL EMERGENCY BY THE CITY MANAGER

AS THE DIRECTOR OF EMERGENCY SERVICES DUE TO ADDITIONAL FAILURE OF THE CITY'S SEWER TRUNK LINE ON JUNE 10, 2024
WHEREAS, Section 3-2.04 of the Madera Municipal Code designates the City Manager as the Director of Emergency Services for the City of Madera; and WHEREAS, California Government Code Sections 8558 and 8630, et seq., and Section 3-

2.04 (A) of the Madera Municipal Code authorizes the Director of Emergency Services to proclaim the existence of a local emergency within the City of Madera when the City Council is not in session and the City of Madera is affected or likely to be affected by the existence or threatened existence of conditions of emergency or of extreme peril to the health and safety of persons and property within the territorial limits of the City of Madera; and WHEREAS, a local emergency declared by the Director of Emergency Services shall not remain in effect for a period in excess of seven (7) days unless it has been ratified by the City Council; and
WHEREAS, the health, safety, and welfare of City residents, businesses, visitors, and staff are of utmost importance to the City and additional future measures may be needed to protect the community. The mobilization of local resources, ability to coordinate interagency response, accelerate procurement of vital supplies, use mutual aid, and allow for future reimbursement by the state and federal governments will be critical to successfully responding to the present state of emergency. The City may require additional assistance in the future, and proclamation of local emergency allows additional resources to flow to the City in a timely manner; and WHEREAS, on June 3, 2024, the City Council was not in session and the City Manager as Director of Emergency Services declared a local emergency due to the existence of conditions of extreme peril to the health and safety of persons and property within the City of Madera caused by failure of the main sewer trunk line in Avenue 13 between Granada Drive and Road 24 in Madera, California; and
WHEREAS, the City Council of the City of Madera ratified this action at its meeting on June 5,2024;and
WHEREAS, additional sewer trunk line failure occurred on or about Monday, June 10, 2024, causing significant impact to the sanitary sewer system serving all residents and businesses within the City of Madera and the Parksdale and Parkwood areas of Madera County; and WHEREAS, on June 10, 2024, the City Council was not in session and the City Manager as Director of Emergency Services declared a local emergency for response and repairs to the additional sewer trunk line collapse to protect the health and safety of persons and property within the City of Madera; and
WHEREAS, The Director of Emergency Services requests that the City Council ratify the declaration of a state of local emergency for the City of Madera as impacts from the sewer trunk collapses are evaluated, repaired, and or mitigated; and WHEREAS, after consideration of all facts reasonably available for review and all items, the City Council of the City of Madera now desires to ratify the proclamation and affirm the existence of a state of emergency throughout the City to make additional resources available to address the impacts of the above-described sewer trunk line failures, ratify the proclamation of the Director of Emergency Services made on June 10, 2024, and affirm the existence of a state of local emergency for the City of Madera as of the date June 3, 2024 when the first collapse was discovered.

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

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

2. Proclamation of Local Emergency. The actual existence of conditions of extreme peril to the safety of persons and property have arisen within the City of Madera, caused by the effects of the above-described sewer trunk line failures. The City Council, based upon the foregoing, now does proclaim, declare and affirm the continuing existence of a local emergency throughout the City.

3. Ratification. The aforementioned conditions of extreme peril warranted and necessitated the extension of the proclamation of the existence of a local emergency throughout the City of Madera by the City's Director of Emergency Services on June 10, 2024. The City Council of the City of Madera does hereby ratify and affirm the need to continue the proclamation of a local emergency throughout the City of Madera by the City's Director of Emergency Services on June 10, 2024, attached hereto as Exhibit 1 and incorporated herein by reference.

4. Effective Date of Local Emergency. The City Council of the City of Madera does hereby extend and affirm the existence of a state of local emergency for the City of Madera as of the date of June 3, 2024, when the City's Director of Emergency Services originally declared the existence of a state of emergency for the City of Madera as affirmed by City Council Resolution No. 24-80 (attached hereto as Exhibit 2 and incorporated herein by reference), for the reasons articulated herein, and for the additional reasons in the proclamation of a local emergency throughout the City of Madera by the City's Director of Emergency Services proclaimed on June 10, 2024.

5. Authority. During the existence of said local emergency, the powers, authority, functions and duties of the Director of Emergency Services and the City's emergency services organizations shall be those prescribed by state law, City ordinances, resolutions, and approved plans of the City in order to mitigate the effects of said local emergency. In this regard, the Council desires to make clear the powers, functions, and duties include:
a. As necessary for the public health, life, and property, entering into contracts to arrange for the procurement of materials, goods, and services needed to assist in preparing for, containing, responding to, mitigating the effects of, and recovering from the significant sewer trunk failures. Applicable provisions of the Government Code and the Public Contract Code, including but not limited to travel, advertising, and competitive bidding requirements, as well as any City procurement or related policy, are suspended to the extent reasonably necessary to address the effects of the significant sewer system failure.
b. The Emergency Services Director is expressly authorized to assist with any lawful order, including the enforcement of an order issued by the State of California. c. The designation and authorization of Arnoldo Rodriguez, City Manager and Emergency Services Director, or his designee, as the Local Hazard Mitigation Coordinator of the City of Madera is reaffirmed, including for the purposes of i) assessing damage within the City of Madera and consulting with federal/state survey teams about hazard mitigation actions; and ii) authorized representative for individual assistance of the City of Madera for purposes of receipt, processing, and coordination of all inquiries and requirements necessary to obtain available state and federal assistance

6. Duration. Per Government Code Section 8630, this ratification of the proclamation of local emergency shall expire in sixty (60) days unless extended by the City Council. At the direction of the Emergency Services Director, City Staff are directed to return this item for Council review of the need for continuing the local emergency prior to the expiration of the sixty (60) day period.

7. Notice to Agencies. In accordance to the California Disaster Assistance Act and the Stafford Act, the Emergency Services Director is authorized to send a copy of this ratification of a proclamation of local emergency be forwarded to the Director of California Governor's Office of Emergency Services requesting that the Director find it acceptable in accordance with State law; that the Governor waive regulations that may hinder response and recovery efforts; that recovery assistance be made available under the California Disaster Assistance Act; and that the State expedite access to State and Federal resources and any other appropriate federal disaster relief programs. A copy of this Resolution shall be forwarded to the Madera County Office of Emergency Services.

8. Severability. If any subsection, sentence, clause, phrase, or word of this Resolution or any application of it to any person, structure, gathering, or circumstance is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, then such decision will not affect the validity of the remaining portions or applications of this Resolution.

9. Effective Date of Resolution. This Resolution shall be effective immediately upon passage and adoption. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

10. Publication. This Resolution and its contents will be published and promulgated in as widespread a manner as is reasonably feasible under the conditions prevailing during this local emergency.
**************
PASSED AND ADOPTED by the City Council of the City of Madera this 12th day of June 2024 by the following vote:

AYES: Mayor Garcia, Councilmembers Gallegos, Rodriguez, Evans and Villegas.

NOES: None.

ABSTENTIONS: None.

ABSENT: Councilmembers Montes and Mejia.

APPROVED:

ATTEST:

ALICIA ~~ GONZAL5,Ctty(Jerk •
Exhibit 1
Exhibit 1

DECLARATION PROCLAIMING THE EXISTENCE OF A LOCAL EMERGENCY JUNE 10, 2024, SEWER TRUNK FAILURE
WHEREAS, the Director of Emergency Services does hereby find that conditions of extreme peril to the health and safety of persons and property have arisen within the City of Madera, caused by failure of the main sewer trunk line in Avenue 13, east of Granada Drive, in Madera, California, on or about Monday, June 11, 2024; and WHEREAS, this failure of the pipe significantly impacted the sanitary sewer system serving all residents and businesses within the City of Madera and the Parksdale and Parkwood areas of Madera County, placing the entire sewer system at risk of raw sewage backup, and included significant failure of the transportation infrastructure in the immediate vicinity of the sewer trunk failure; and
WHEREAS, all users of the sewer system were ordered to take immediate actions to limit the introduction of flow to the sewer system; and
WHEREAS, strict compliance with certain Madera Municipal Code ("MMC") and other City regulations would prevent, hinder, or delay appropriate actions to prevent and mitigate the effects of the significant sewer failure, which issues cannot be timely addressed absent a declaration of emergency; and
WHEREAS, the mobilization of local resources, ability to coordinate interagency response, accelerate procurement of vital supplies, use mutual aid, and allow for future participation by the county, state and federal governments will be critical to successfully responding to the failed sewer infrastructure; and
WHEREAS, local resources have been deployed by the City of Madera to mitigate and recover from this significant failure, thereby depleting strained public safety resources such as Law Enforcement, Public Works, and Engineering services; and WHEREAS, Section 3-2.04 of the Madera Municipal Code designates the City Manager as the Director of Emergency Services for the City of Madera; and WHEREAS, California Government Code Sections 8558 and 8630, et seq., and Section 3-

2.04 (A) of the Madera Municipal Code authorizes the Director of Emergency Services to proclaim the existence of a local emergency within the City of Madera when the City Council is not in session and the City of Madera is affected or likely to be affected by the existence or threatened existence of conditions of emergency or of extreme peril to the health and safety of persons and Administration Department
205 W. 4,h Street, Madera, CA 93637 t. (559) 661-5402 f. (559) 673-1655 www.madera.gov
Exhibit 1
City of Madera Declaration of Local Emergency: June 10, 2024, Sewer Trunk Failure Page 2 of 3 property within the territorial limits of the City of Madera; and WHEREAS, a local emergency declared by the Director of Emergency Services shall not remain in effect for a period in excess of seven (7) days unless it has been ratified by the City Council; and
WHEREAS, the health, safety, and welfare of City residents, businesses, visitors, and staff are of utmost importance to the City and additional future measures may be needed to protect the community. The mobilization of local resources, ability to coordinate interagency response, accelerate procurement of vital supplies, use mutual aid, and allow for future reimbursement by the state and federal governments will be critical to successfully responding to the present state of emergency. The City may require additional assistance in the future, and proclamation of local emergency allows additional resources to flow to the City in a timely manner; and WHEREAS, after consideration of all items the Director of Emergency Services now desires to proclaim the existence of a state of emergency to make additional resources available to address the effects of the sewer trunk failure.

NOW, THEREFORE, the Director of Emergency Services for the City of Madera does hereby find and proclaim as follows:

1. The above recitals are true and correct and incorporated herein as findings by the Director of Emergency Services.

2. The Director of Emergency Services finds that conditions of extreme peril to the health and safety of persons and property have arisen within the City of Madera, caused by a second significant failure of the sewer trunk line on or about June 10, 2024.

3. The Director of Emergency Services further finds that the City Council is not currently in session.

4. The aforementioned conditions of extreme peril caused by additional sewer trunk line failure warrant and necessitate the proclamation of the existence of a local emergency by the City's Director of Emergency Services. Pursuant to the authority granted by City ordinance, I hereby proclaim that a local emergency now exists throughout the City as of the date of June 10, 2024, when the collapse was discovered for the reasons articulated herein.

5. It is further proclaimed and ordered that during the existence of said local emergency, the powers, functions, and duties of the Emergency Services Director and the Madera Disaster Council shall be those prescribed by State Law, City ordinances, resolutions, and approved plans of the City in order to mitigate the effects of said local emergency.

7. It is further proclaimed and ordered that in accordance with the California Disaster Exhibit 1
City of Madera Declaration of Local Emergency: June 10, 2024, Sewer Trunk Failure Page 3 of 3 Assistance Act and the Stafford Act, a copy of this proclamation be forwarded to the Director of the California Governor's Office of Emergency Services requesting that the Director find it acceptable in accordance with State law; that the Governor waive regulations that may hinder response and recovery efforts; that recovery assistance be made available under the California Disaster Assistance Act; and that the State expedite access to State and Federal resources and any other appropriate federal disaster relief programs. It is further proclaimed and ordered that a copy of this Declaration be forwarded to the Madera County Office of Emergency Services.

8. It is further proclaimed and ordered that Arnoldo Rodriguez, City Manager and Emergency Services Director, or his designee, is hereby designated as the Local Hazard Mitigation Coordinator of the City of Madera for the purpose of assessing damage within the City of Madera and consulting with federal/state survey teams about hazard mitigation actions.

9. It is further proclaimed and ordered that Arnoldo Rodriguez, City Manager and Emergency Services Director, or his designee, is hereby designated as the authorized representative for public assistance, and Arnoldo Rodriguez, City Manager and Emergency Services Director, or his designee, is hereby designated as the authorized representative for individual assistance of the City of Madera for purposes of receipt, processing, and coordination of all inquiries and requirements necessary to obtain available state and federal assistance.

10. This proclamation and its contents will be published and promulgated in as widespread a manner as is reasonable feasible under the conditions prevailing during this local emergency.

11. This proclamation of a local emergency shall take effect immediately as of the date first set forth below. Consistent with Subsection 3-2.04(A) of the MMC and California Government Code Section 8630(b) the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the City Council.

Arnoldo Rodriguez, City Ma ge
Director of Emergency Services
6/10/2024
Date
Exhibit 2
Exhibit 2
RESOLUTION NO. 24-80

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

CALIFORNIA, MAKING A FINDING OF EMERGENCY RELATING TO SEWER FAILURES ON THE SEWER MAIN AT AVENUE 13 BETWEEN GRANADA DRIVE AND ROAD 24, AFFIRMING THE EMERGENCY ACTIONS TAKEN BY

THE CITY MANAGER TO MAKE EMERGENCY REPAIRS ON THE SANITARY

SEWER MAIN, AND RATIFYING THE AWARD OF EMERGENCY CONTRACTS

WITHOUT COMPETITIVE BIDDING FOR THE EMERGENCY REPAIRS ON THE

SEWER MAIN
WHEREAS, Public Contract Code Section 220250 provides that in the case of an emergency, a public agency, pursuant to a four-fifths vote of its governing body, may repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts.

WHEREAS, Public Contract Code further provides that before a governing body takes any action as set in the recital hereinabove, it shall make a finding, based on substantial evidence set forth in the minutes of its meeting, that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency.

WHEREAS, pursuant to Public Contract Code Section 1102 an "emergency," means a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.

WHEREAS, the sewer main located at Avenue 13 between Granada Drive and Road 24 is the sole sewer main that conveys all City sewerage to the City's Wastewater Treatment Plant; and
WHEREAS, the sewerage main collapsed on June 3, 2024 resulting in a large void in the roadway and sewerage flows temporarily backing up into the City system requiring operators to install temporary by-pass pumps in order to pump the sewerage past the localized line break and to maintain by-pass pumping continuously on a 24-hr basis at all hours until the repair is complete; and
WHEREAS, the sewer main services the entire City and community of Parkwood and failure of the pipeline, without the by-pass pumping, would result in a large sanitary sewer overflow; and
WHEREAS, sanitary sewer overflows over 1,000 gallons will result in a Notice of Violation from the California Water Board per Water Quality Order 2006-0003-DWQ; and Exhibit 2
WHEREAS, the repairs necessary are described as follows: provide traffic control, pump out and bypass the area of main collapse, remove and replace the main at the line break, make repairs and rehabilitation to potential failure conditions upon further discovery and investigation, secure all utilities in conflict at the location, backfill and around sewer main and trench, repair damage to street and demobilize; and
WHEREAS, the City of Madera has secured several contractors and specialty trades to remedy the situation including Floyd Johnston Construction to make the necessary repairs and investigation, Rain for Rent to provide temporary pumps to provide by-pass pumping of the sewage; Safety Network to provide traffic control for the road closure and site protection; and WHEREAS, additional goods, trades and services may be required including but not limited to sewer video inspection, pipe cleaning, geotechnical engineering, materials and appurtenances for repairs; and
WHEREAS, the City crews also worked overtime to maintain the sewer pumps and to provide Construction Management for this project; and
WHEREAS, in accordance with Madera City Code Section 3-2.04, the City Manager has provided a detailed staff report setting forth the specific facts establishing the emergency, why the emergency did not permit a delay resulting from a competitive solicitation for bids, and why his actions were necessary to respond to the emergency associated with the aforementioned repairs as well as on the costs associated with the repairs; and WHEREAS, it is highly likely that failure to immediately make the required repairs will result in danger to the health, safety, and welfare of the City residents, members of the public, and/or public facilities; and
WHEREAS, the City Council has considered the written report and verbal report of the City Manager at a regular meeting and determined that the facts and circumstances are such that emergency repairs were and are needed.

NOW, THEREFORE the City Council resolves as follows :

1. The staff report regarding this resolution and the recitals herein are incorporated herein by reference.

2. The repairs described in the recitals and staff report constitute an emergency requiring the need to take immediate action and require procurement of necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts.

3. The "emergency" described in this resolution meets the requirements as set forth in the Public Contract Code as it constitutes a sudden, unexpected occurrence that posed a clear Exhibit 2
and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.

4. The Council finds the emergency will not permit a delay resulting from a competitive solicitation for bids and that the action was and is necessary to respond to the emergency.

5. The City Council ratifies the emergency action taken by the City Manager, including the award of an emergency purchase orders and contracts without competitive bidding for the emergency repairs.

6. Upon completion of the aforementioned emergency repairs and stabilization work, any other work shall be made through a competitive bid process as required by the Madera City Code and Public Contract Code.

7. The City Council hereby directs the City Manager to make status reports at each regularly scheduled Council meeting, pursuant to Section 22050 of the Public Contracts Code until the repairs have been completed.

8. This Resolution shall become effective upon adoption. ***********
Exhibit 2
Res. No. 24-80
PASSED AND ADOPTED by the City Council of the City of Madera this 5th day of June 2024 by the following vote:

AYES: Mayor Garcia, Councilmembers Rodriguez, Montes, Evans, Mejia and Villegas.

NOES: None.

ABSTENTIONS: None.

ABSENT: Mayor Pro Tern Gallegos.

APPROVED:

ATTEST:
~
Exhibit 2

DECLARATION PROCLAIMING THE EXISTENCE OF A LOCAL EMERGENCY JUNE 3, 2024, SEWER TRUNK FAILURE
WHEREAS, the Director of Emergency Services does hereby find that conditions of extreme peril to the health and safety of persons and property have arisen within the City of Madera, caused by failure of the main sewer trunk line in Avenue 13 between Granada Drive and Road 24 in Madera, California, on or about Monday, June 3, 2024; and
WHEREAS, this failure of the pipe significantly impacted the sanitary sewer system serving all residents and businesses within the City of Madera and the Parksdale and Parkwood areas of Madera County, placing the entire system at risk of raw sewage backup; and WHEREAS, all users of the sewer system were ordered to take immediate actions to limit the introduction of flow to the sewer system; and
WHEREAS, strict compliance with certain Madera Municipal Code ("MMC") and other City regulations would prevent, hinder, or delay appropriate actions to prevent and mitigate the effects of the significant sewer failure, which issues cannot be timely addressed absent a declaration of emergency; and WHEREAS, the mobilization of local resources, ability to coordinate interagency response, accelerate procurement of vital supplies, use mutual aid, and allow for future participation by the county, state and federal governments will be critical to successfully responding to the failed sewer infrastructure; and
WHEREAS, local resources have been deployed by the City of Madera to mitigate and recover from this significant failure, thereby depleting strained public safety resources such as Law Enforcement, Public Works, and Engineering services; and
WHEREAS, Section 3-2.04 of the Madera Municipal Code designates the City Manager as the Director of Emergency Services for the City of Madera; and WHEREAS, California Government Code Sections 8558 and 8630, et seq., and Section 3-2.04 (A) of the Madera Municipal Code authorizes the Director of Emergency Services to proclaim the existence of a local emergency within the City of Madera when the City Council is not in session and the City of Madera is affected or likely to be affected by the existence or threatened existence of conditions of emergency or of extreme peril to the health safety of persons and property within the territorial limits of the City of Madera; and
WHEREAS, a local emergency declared by the Director of Emergency Services shall not remain in effect for a period in excess of seven (7) days unless it has been ratified by the City Council; and Administration Department
205 W. 4th Street, Madera, CA 93637 t. (559) 661-5402 f. (559) 673-1655 www.madera.gov
Exhibit 2
City of Madera Declaration of Local Emergency: June 3, 2024, Sewer Trunk Failure Page 2 of 3 WHEREAS, the health, safety and welfare of City residents, businesses, visitors and staff are of utmost importance to the City and additional future measures may be needed to protect the community.

The mobilization of local resources, ability to coordinate interagency response, accelerate procurement of vital supplies, use mutual aid, and allow for future reimbursement by the state and federal governments will be critical to successfully responding to the present state of emergency. The City may require additional assistance in the future, and proclamation of local emergency allows additional resources to flow to the City in a timely manner; and
WHEREAS, after consideration of all items the Director of Emergency Services now desires to proclaim the existence of a state of emergency to make additional resources available to address the effects of the sewer trunk failure.

NOW, THEREFORE, the Director of Emergency Services for the City of Madera does hereby find and proclaim as follows:

1. The above recitals are true and correct and incorporated herein as findings by the Director of Emergency Services.

2. The Director of Emergency Services finds that conditions of extreme peril to the health and safety of persons and property have arisen within the City of Madera, caused by a significant failure of the sewer trunk line on or about June 3, 2024.

3. The Director of Emergency Services further finds that the City Council is not currently in session.

4. The aforementioned conditions of extreme peril warrant and necessitate the proclamation of the existence of a local emergency by the City's Director of Emergency Services. Pursuant to the authority granted by City ordinance, I hereby proclaim that a local emergency now exists throughout the City as of the date of June 3, 2024, when the collapse was discovered for the reasons articulated herein.

5. It is further proclaimed and ordered that during the existence of said local emergency, the powers, functions, and duties of the Emergency Services Director and the Madera Disaster Council shall be those prescribed by State Law, City ordinances, resolutions, and approved plans of the City in order to mitigate the effects of said local emergency.

7. It is further proclaimed and ordered that in accordance with the California Disaster Assistance Act and the Stafford Act, a copy of this proclamation be forwarded to the Director of the California Governor's Office of Emergency Services requesting that the Director find it acceptable in accordance with State law; that the Governor waive regulations that may hinder response and recovery efforts; that recovery assistance be made available under the California Disaster Assistance Act; and that the State expedite access to State and Federal resources and any other appropriate federal disaster relief programs. It is further proclaimed and ordered that a copy of this Declaration be forwarded to the Madera County Office of Emergency Services.

8. It is further proclaimed and ordered that Arnoldo Rodriguez, City Manager and Emergency Services Director, or his designee, is hereby designated as the Local Hazard Mitigation Exhibit 2
City of Madera Declaration of Local Emergency: June 3, 2024, Sewer Trunk Failure Page 3 of 3 Coordinator of the City of Madera for the purpose of assessing damage within the City of Madera and consulting with federal/state survey teams about hazard mitigation actions.

9. It is further proclaimed and ordered that Arnoldo Rodriguez, City Manager and Emergency Services Director, or his designee, is hereby designated as the authorized representative for public assistance, and Arnoldo Rodriguez, City Manager and Emergency Services Director, or his designee, is hereby designated as the authorized representative for individual assistance of the City of Madera for purposes of receipt, processing, and coordination of all inquiries and requirements necessary to obtain available state and federal assistance.

10. This proclamation and its contents will be published and promulgated in as widespread a manner as is reasonable feasible under the conditions prevailing during this local emergency.

11. This proclamation of a local emergency shall take effect immediately as of the date first set forth below. Consistent with Subsection 3-2.04(A) of the MMC and California Government Code Section 8630(b) the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the City Council.

Arnoldo Rodriguez, City Manager
Director of Emergency Services
6/3/2024
Date
ATTACHMENT 2
RESOLUTION NO. 24-82

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

CALIFORNIA, MAKING A FINDING OF CONTINUING EMERGENCY
RELATING TO SEWER FAILURES ON THE SEWER MAIN AT AVENUE 13

WEST OF GRANADA DRIVE, AFFIRMING THE EMERGENCY ACTIONS

TAKEN BY THE CITY MANAGER TO MAKE EMERGENCY REPAIRS ON THE

SANITARY SEWER MAIN, AND RATIFYING THE AWARD OF EMERGENCY

CONTRACTS WITHOUT COMPETITIVE BIDDING FOR THE EMERGENCY

REPAIRS ON THE SEWER MAIN
WHEREAS, Public Contract Code Section 22050 provides that in the case of an emergency, a public agency, pursuant to a four-fifths vote of its governing body, may repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts.

WHEREAS, Public Contract Code further provides that before a governing body takes any action as set in the recital hereinabove, it shall make a finding, based on substantial evidence set forth in the minutes of its meeting, that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency.

WHEREAS, pursuant to Public Contract Code Section 1102 an "emergency," means a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.

WHEREAS, the sewer main located at Avenue 13 west of Granada Drive is the sole sewer main that conveys all City sewerage to the City's Wastewater Treatment Plant; and WHEREAS, in addition to the current emergency as a result of the sewer collapse on June 3, 2024, the sewer main has a secondary collapsed on June 10, 2024 resulting in a large void in the roadway and sewerage flows temporarily backing up into the City system requiring operators to install temporary by-pass pumps in order to pump the sewerage past the localized line break and to maintain by-pass pumping continuously on a 24-hr basis at all hours until the repair is complete; and
WHEREAS, the sewer main services the entire City and community of Parkwood and failure of the pipeline, without the by-pass pumping, would result in a large sanitary sewer overflow; and
WHEREAS, sanitary sewer overflows over 1,000 gallons will result in a Notice of Violation from the California Water Board per Water Quality Order 2006-0003-DWQ; and WHEREAS, the repairs necessary are described as follows: provide traffic control, pump out and bypass the area of main collapse, remove and replace the main at the line break, make repairs and rehabilitation to potential failure conditions upon further discovery and investigation, secure all utilities in conflict at the location, backfill and around sewer main and trench, repair damage to street and demobilize; and
WHEREAS, the City of Madera has secured several contractors and specialty trades to remedy the situation including Floyd Johnston Construction to make the necessary repairs and investigation, MPS to provide temporary pumps to provide by-pass pumping of the sewage; Safety Network to provide traffic control for the road closure and site protection; and WHEREAS, additional goods, trades and services may be required including but not limited to sewer video inspection, pipe cleaning, geotechnical engineering, materials and appurtenances for repairs; and
WHEREAS, the City crews also worked overtime to maintain the sewer pumps and to provide Construction Management for this project; and
WHEREAS, in accordance with Madera City Code Section 3-2.04, the City Manager has provided a detailed staff report setting forth the specific facts establishing the emergency, why the emergency did not permit a delay resulting from a competitive solicitation for bids, and why his actions were necessary to respond to the emergency associated with the aforementioned repairs as well as on the costs associated with the repairs; and WHEREAS, it is highly likely that failure to immediately make the required repairs will result in danger to the health, safety, and welfare of the City residents, members of the public, and/or public facilities; and
WHEREAS, the City Council has considered the written report and verbal report of the City Manager at a regular meeting and determined that the facts and circumstances are such that emergency repairs were and are needed.

NOW, THEREFORE the City Council resolves as follows:

1. The staff report regarding this resolution and the recitals herein are incorporated herein by reference.

2. The repairs described in the recitals and staff report constitute an emergency requiring the need to take immediate action and require procurement of necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts.

3. The "emergency" described in this resolution meets the requirements as set forth in the Public Contract Code as it constitutes a sudden, unexpected occurrence that posed a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.

4. The Council finds the emergency will not permit a delay resulting from a competitive solicitation for bids and that the action was and is necessary to respond to the emergency.

5. The City Council ratifies the emergency action taken by the City Manager, including the award of an emergency purchase orders and contracts without competitive bidding for the emergency repairs.

6. Upon completion of the aforementioned emergency repairs and stabilization work, any other work shall be made through a competitive bid process as required by the Madera City Code and Public Contract Code.

7. The City Council hereby directs the City Manager to make status reports at each regularly scheduled Council meeting, pursuant to Section 22050 of the Public Contracts Code until the repairs have been completed.

8. This Resolution shall become effective upon adoption. ***********
PASSED AND ADOPTED by the City Council of the City of Madera this 12th day of June 2024 by the following vote:

AYES: Mayor Garcia, Councilmembers Gallegos, Rodriguez, Evans and Villegas.

NOES: None.

ABSTENTIONS: None.

ABSENT: Councilmembers Montes and Mejia.

APPROVED:

ATTEST:

REPORT TO CITY COUNCIL
Approved by:

Council Meeting of: July 17, 2024
________________________________ Agenda Number: ___________ Alicia Gonzales, City Clerk
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Request for direction on developing alternative methods for placing items on the City Council Agenda
RECOMMENDATION:

Deliberation and direction given from Council
SUMMARY:

During its regular meeting on July 3, 2024, the City Council instructed staff to schedule a discussion on developing an alternative method for placing items on the Council agenda. Today, City staff, in consultation with the City Attorney, place items on the Council agenda for Council consideration. As an alternative, the Council may request that items be added at a future Council meeting by a majority "thumbs up" method by Council members. The current process was established in early 2019 in response to inquiries from Council on how to agendize items. While this system was designed to be simple and efficient, concerns have been raised about its effectiveness and lack of clarity. The Council seeks to explore a more structured approach to ensure all relevant matters are considered appropriately.

Council may direct staff to conduct additional research and bring the item back to Council at a future meeting or may determine that the existing system for placing future items on the agenda by Councilmembers is appropriate.

DISCUSSION:

During its regular meeting on July 3, 2024, the City Council instructed staff to schedule a discussion on developing an alternative method for placing items on the Council agenda. The E-1
current process for adding items by Council members to a future Council agenda involves an informal "thumbs up" method by the majority of Councilmembers. This method has been used by the Council to gauge preliminary support for placing items on the agenda. While this system was designed to be simple and efficient, concerns have been raised regarding its effectiveness and fairness. This item is intended to seek Council direction on preferred alternatives to ensure a more structured and transparent approach to setting the agenda.

FINANCIAL IMPACT:

There is no immediate financial impact associated with this request, sans the preparation of this report.

ALTERNATIVES:

Council may direct staff to conduct additional research and bring the item back to Council at a future meeting or may determine that the existing system for placing future items on the agenda by Councilmembers is appropriate.