Madera City Council
December 4, 2024

Update 11/27/2024 at 3:58 p.m. Madera City Council Agenda Page 1 of 5 December 4, 2024

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

NOTICE AND AGENDA
Wednesday, December 4, 2024 Council Chambers
6:00 p.m. City Hall
The Madera City Council meetings are open to the public. This meeting will also be available for public viewing and participation through Zoom. Members of the public may also observe the live-streamed meeting on the City’s website at www.madera.gov/live. Members of the public may comment on agenda items at the meeting or remotely through an electronic meeting via phone by dialing (669) 900- 6833 enter ID: 847 7137 8598 #. Comments will also be accepted via email at [email protected] or by regular mail at 205 W. 4th Street, Madera, CA 93637.

CALL TO ORDER:

ROLL CALL: Mayor Santos Garcia
Mayor Pro Tem Cece Gallegos, District 1
Councilmember Jose Rodriguez, District 2
Councilmember Steve Montes, District 3
Councilmember Anita Evans, District 4
Councilmember Elsa Mejia, District 5
Councilmember Artemio Villegas, District 6
INVOCATION: Pastor Roger Leach, Valley West Christian Center PLEDGE OF ALLEGIANCE:

APPROVAL OF AGENDA:

COUNCIL REORGANIZATION:

1. Declaring the Results of the 2024 General Election, Oaths of Office, and Annual Reorganization
Recommendation: Council reviews the Madera County Elections Office Canvass for Elected Official positions and take the following action:

1. By Motion, Adopt a Resolution Declaring the Results of the 2024 General Election as Certified by the Madera County Elections Office; and;

2. Performance of Ceremonial Oaths of Office; and
Update 11/27/2024 at 3:58 p.m. Madera City Council Agenda Page 2 of 5 December 4, 2024

3. Council to Recognize Elected Officials for their Years of Service (Report by Alicia Gonzales)

2. Consideration of Selection of Mayor Pro Tem to Serve a One-Year Term Recommendation: Council to accept nominations for Mayor Pro Tem and make appointment by motion to serve a one-year term (Report by Alicia Gonzales) PRESENTATIONS:

1. Proclamation Recognizing Assemblywoman Esmeralda Soria PUBLIC COMMENT:

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

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

A. PUBLIC HEARINGS: None
B. CONSENT CALENDAR:

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

B-1 Informational Report on Register of Audited Demands Recommendation: Review Register of Audited Demands Report for November 9, 2024 to November 22, 2024 (Report by Michael Lima)
B-2 Informational Report on Contract City Attorney Services and Litigation Expenditures Recommendation: This report is submitted for informational purposes only and there is no action requested from the City Council (Report by Arnoldo Rodriguez) B-3 Update of the City of Madera’s Public Transportation Agency Safety Plan for the Madera Metro Transit System
Recommendation: Adopt a Resolution adopting the updated Madera Metro Public Transportation Agency Safety Plan (Report by Michael Lima) B-4 Amendment to the Agreement with Westwood Professional Services, Inc., Formally O’Dell Engineering, regarding R-94 Bid Package 3 – Sidewalk Improvements at Various Locations Recommendation: Adopt a Resolution Amending the Agreement with Westwood Professional Services, Inc., Formally O’Dell Engineering, in the Amount of $15,900 for the Design of Additional Sidewalk Segments at Various Locations (Report by Keith Helmuth)
B-5 Adjustment of Planning Manager Assigned Salary Range Update 11/27/2024 at 3:58 p.m. Madera City Council Agenda Page 3 of 5 December 4, 2024
Recommendation: Adopt a Resolution Modifying the Assigned Salary Range for the Classification of Planning Manager (Report by Wendy Silva) B-6 Madera Elks Lodge Fee Waiver Request for the Annual Hoop Shoot Event Recommendation: Adopt a Resolution waiving the rental fees of the John Wells Youth Center on January 4, 2025, related to a Hoop Shoot Contest hosted by the Madera Elks Lodge #1918, at an anticipated fee rental of $500 (Report by Joseph Hebert)
B-7 Fresno-Madera Area Agency on Aging for Fiscal Year 2024-25 for Title lll C1 Congregate Nutrition Program for Older Adults
Recommendation: 1. Adopt a Resolution Approving a Contract Between the City and the Fresno-Madera Area Agency on Aging (FMAAA) for Fiscal Year (FY) 2024/2025 for the Title lll C1 Congregate Nutrition Program (CNP) for Older Adults, not to exceed $56,000, and Authorize the Mayor to Execute the Contract on Behalf of the City; and

2. Adopt a Resolution Amending the City’s FY 2024/25 Operating Budget approving related revenue and expenditure line items related to the execution of the FMAAA FY 2024/2025 Title lll C1 CNP for Older Adults Contract (Report by Joseph Hebert)
B-8 Consideration of California Conservation Corps (CCC) Sponsor Agreements Recommendation: 1. Adopt a Resolution Approving an Agreement with the California Conservation Corps for the Performance of Tree Trimming for Project Number P-24-2653-14067; and

2. Adopt a Resolution Approving an Agreement with the California Conservation Corps for the Performance of Landscape Maintenance for Project Number P-24-2652-14383 (Report by Joseph Hebert) B-9 2024 Supplemental Carbon Reduction Program (CRP) Call for Projects Recommendation: Adopt a Resolution approving a project to be nominated for federal transportation funding under the 2024 Supplemental CRP Call for Projects and supporting the implementation of Assembly Bill 1012, “Timely Use of Funding” for Federal Funding of projects(Report by Keith Helmuth)
B-10 Madera High School Athletics Department Fee Waiver Request for the Freshman/Junior Varsity Girls Basketball Tournament
Recommendation: Adopt a Resolution waiving the rental fees of the John Wells Youth Center Gym on December 13 and 14 for a Freshman/Junior Varsity Girls Basketball Tournament hosted by the Madera High School Athletic Department (MHS) at an anticipated fee rental of $935.00 (Report by Joseph Hebert)
C. WORKSHOP: None
D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS:

D-1 2024 Wastewater Treatment Plant Improvements Project WWTP 24-01 Update 11/27/2024 at 3:58 p.m. Madera City Council Agenda Page 4 of 5 December 4, 2024
Recommendation: Adopt a Resolution

1. Adopting a Class 1 (Existing Facilities) and Class 2 (Replacement and Reconstruction) Categorical Exemption under California
Environmental Quality Act (CEQA) Guidelines Section 15301 and 15302; and

2. Approving the contract award for the 2024 Wastewater Treatment Plant Improvements Project WWTP 24-01 for $8,738,195 to Gateway Pacific Contractors; and

3. Authorizing a contingency of 15 percent of the contract amount. (Report by Keith Helmuth)
E. ADMINISTRATIVE REPORTS:

E-1 City Council Discussion of Options Regarding the Process for Filling of a Potential Vacancy on the City Council
Recommendation: Discussion and direction from Council as appropriate. (Note: The Elections Code has strict timelines regarding filling of vacancies. However, elections results are not anticipated to be certified by the County until just before the Council meeting, and well after Agenda is published. As a result, it is unknown at this time if a vacancy may be created or not. To preserve all options for the Council, this item is included on the Agenda as a placeholder, and may be removed if not warranted.) (Report by Shannon Chaffin)
F. FUTURE AGENDA ITEMS:

This portion of the meeting is reserved (i) to initiate new matters and to request updates, and (ii) and to initiate new agenda items. No single item may exceed one minute. All votes shall be conducted electronically, with the results announced by the Chair. If voting is not available by electronic methods, another method may be used by the Chair unless otherwise determined by a majority of the Councilmembers present. Under this section the Council may take action only on items specifically agendized and which meet other requirements for action G. COUNCILMEMBER COMMUNICATIONS (REPORTS/ANNOUNCEMENTS):

This portion of the meeting is reserved for the Mayor and Councilmembers (i) to make brief reports on boards, committees, and other public agencies, and at public events, and (ii) to make announcements.

H. CLOSED SESSION: None
UPCOMING MEETING DATES:
 Wednesday, December 18, 2024
 Wednesday, January 15, 2025
ADJOURNMENT:

 The meeting room is accessible to the physically disabled. Requests for accommodations for persons with disabilities such as signing services, assistive listening devices, or alternative format agendas and reports needed to assist participation in this public meeting may be made by calling the City Clerk’s Office at (559) 661-5405 or emailing [email protected] . Those who are hearing impaired may call 711 or 1-800-735-2929 for TTY Relay Service. Requests should be made as soon as practicable as Update 11/27/2024 at 3:58 p.m. Madera City Council Agenda Page 5 of 5 December 4, 2024
additional time may be required for the City to arrange or provide the requested accommodation.

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

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

I, Alicia Gonzales, City Clerk for the City of Madera, declare under penalty of perjury that I posted the above agenda for the Regular Meeting of the Madera City Council for December 4, 2024, near the front entrances of City Hall and on the City’s website www.madera.gov at 5:00 p.m. on November 27, 2024. _______________________
Alicia Gonzales, City Clerk

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: December 4, 2024
Agenda Number: B-1
Michael Lima, Director of Financial Services
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Informational Report on Register of Audited Demands
RECOMMENDATION:

Review Register of Audited Demands Report for November 9, 2024, to November 22, 2024 SUMMARY:

The Register of Audited Demands for the City covering obligations paid during the period of November 9, 2024, to November 22, 2024, is summarized in the following tables. Attachment A contains Warrants while Table 2 is a summary of the wire transfers.

Table 1: Warrant Distribution Summary
Description Check #’s Amount
General Warrants 40920 – 40973 $363,466.22
Table 2: Wire Transfer Summary
Description Vendor Amount
Payroll and Taxes US Bank $722,011.05
SDI   EDD $3,272.10
CalPERS Payment CalPERS $150,235.21
DISCUSSION:

Warrant requests are processed weekly based on the Fiscal Year 2024/2025 Adopted Budget and released for payment every Monday. Each demand has been audited and the Finance Director hereby certifies as to their accuracy and that there were sufficient funds for their payment. Per the request of City Council, we have included the departmentsfrom which each of the respective warrants were requested as well as the fund/division description from which they were paid.

FINANCIAL IMPACT:

Demands for payments are made within the constraints of the Fiscal Year 2024/2025 Adopted Budget.

ALTERNATIVES:

Informational only.

ATTACHMENTS:

Register of Audited Demands

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 40920 11/12/2024 WWTP    WWTP TERRAFORM POWER, LLC. SOLAR ELECTRIC UTILITIES 09/24 22,955.84 40921 11/12/2024 ENGINEERING               PD Parking Lot Resurfacing DAVID J. BOYLE PD ‐ CONSTRUCTION & DRYWELL 2,728.00 40922 11/12/2024 FINANCE                        AIRPORT OPS VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 08/16/24‐08/31/24 76.97 40922 11/12/2024 FINANCE                        AIRPORT OPS VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 09/16/24‐09/30/24 87.50 40922 11/12/2024 FINANCE                        AIRPORT OPS VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 10/01/24‐10/15/24 386.63 40922 11/12/2024 FINANCE                        Animal Control VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 08/16/24‐08/31/24 365.46 40922 11/12/2024 FINANCE                        Animal Control VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 09/16/24‐09/30/24 457.30 40922 11/12/2024 FINANCE                        Animal Control VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 10/01/24‐10/15/24 476.70 40922 11/12/2024 FINANCE                        Building VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 08/16/24‐08/31/24 126.77 40922 11/12/2024 FINANCE                        Building VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 09/16/24‐09/30/24 186.84 40922 11/12/2024 FINANCE                        Building VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 10/01/24‐10/15/24 122.67 40922 11/12/2024 FINANCE                        Code Enforcement VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 08/16/24‐08/31/24 261.37 40922 11/12/2024 FINANCE                        Code Enforcement VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 09/16/24‐09/30/24 147.65 40922 11/12/2024 FINANCE                        Code Enforcement VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 10/01/24‐10/15/24 93.04 40922 11/12/2024 FINANCE                        DRAINAGE VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 08/16/24‐08/31/24 676.62 40922 11/12/2024 FINANCE                        DRAINAGE VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 09/16/24‐09/30/24 831.08 40922 11/12/2024 FINANCE                        DRAINAGE VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 10/01/24‐10/15/24 245.58 40922 11/12/2024 FINANCE                        Engineering VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 08/16/24‐08/31/24 407.09 40922 11/12/2024 FINANCE                        Engineering VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 09/16/24‐09/30/24 368.14 40922 11/12/2024 FINANCE                        Engineering VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 10/01/24‐10/15/24 372.78 40922 11/12/2024 FINANCE                        Facilities Maintenance VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 08/16/24‐08/31/24 242.51 40922 11/12/2024 FINANCE                        Facilities Maintenance VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 09/16/24‐09/30/24 241.67 40922 11/12/2024 FINANCE                        Facilities Maintenance VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 10/01/24‐10/15/24 280.80 40922 11/12/2024 FINANCE                        Fleet Maintenance VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 08/16/24‐08/31/24 81.71 40922 11/12/2024 FINANCE                        Fleet Maintenance VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 10/01/24‐10/15/24 202.10 40922 11/12/2024 FINANCE                        Fleet Motor Pool VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 08/16/24‐08/31/24 94.47 40922 11/12/2024 FINANCE                        Fleet Motor Pool VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 09/16/24‐09/30/24 20.20 40922 11/12/2024 FINANCE                        Fleet Motor Pool VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 10/01/24‐10/15/24 230.65 40922 11/12/2024 FINANCE                        GRAFFITI ABATE VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 08/16/24‐08/31/24 612.79 40922 11/12/2024 FINANCE                        GRAFFITI ABATE VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 09/16/24‐09/30/24 607.52 40922 11/12/2024 FINANCE                        GRAFFITI ABATE VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 10/01/24‐10/15/24 354.67 40922 11/12/2024 FINANCE                        LMD Services VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 08/16/24‐08/31/24 704.31 40922 11/12/2024 FINANCE                        LMD Services VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 09/16/24‐09/30/24 248.03 40922 11/12/2024 FINANCE                        LMD Services VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 10/01/24‐10/15/24 741.21 40922 11/12/2024 FINANCE                        Parks VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 08/16/24‐08/31/24 1,941.54 40922 11/12/2024 FINANCE                        Parks VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 09/16/24‐09/30/24 1,769.55 40922 11/12/2024 FINANCE                        Parks VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 10/01/24‐10/15/24 1,201.00 40922 11/12/2024 FINANCE                        STREETS VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 08/16/24‐08/31/24 2,325.41 40922 11/12/2024 FINANCE                        STREETS VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 09/16/24‐09/30/24 2,162.52 40922 11/12/2024 FINANCE                        STREETS VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 10/01/24‐10/15/24 1,856.45 40922 11/12/2024 FINANCE                        Sewer Mtnc/Operations VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 08/16/24‐08/31/24 1,263.87 40922 11/12/2024 FINANCE                        Sewer Mtnc/Operations VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 09/16/24‐09/30/24 912.31 40922 11/12/2024 FINANCE                        Sewer Mtnc/Operations VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 10/01/24‐10/15/24 606.44 40922 11/12/2024 FINANCE                        Street Cleaning VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 08/16/24‐08/31/24 1,661.67 40922 11/12/2024 FINANCE                        Street Cleaning VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 09/16/24‐09/30/24 1,433.42 40922 11/12/2024 FINANCE                        Street Cleaning VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 10/01/24‐10/15/24 1,869.88 40922 11/12/2024 FINANCE                        TRANS ‐ FIXED VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 08/16/24‐08/31/24 3,919.83 40922 11/12/2024 FINANCE                        TRANS ‐ FIXED VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 09/16/24‐09/30/24 3,496.17 40922 11/12/2024 FINANCE                        TRANS ‐ FIXED VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 10/01/24‐10/15/24 3,445.94 40922 11/12/2024 FINANCE                        TRANS ‐ DAR VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 08/16/24‐08/31/24 3,566.48 40922 11/12/2024 FINANCE                        TRANS ‐ DAR VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 09/16/24‐09/30/24 3,766.54 40922 11/12/2024 FINANCE                        TRANS ‐ DAR VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 10/01/24‐10/15/24 3,135.31 40922 11/12/2024 FINANCE                        Water Mtnc/Operations VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 08/16/24‐08/31/24 1,523.16 40922 11/12/2024 FINANCE                        Water Mtnc/Operations VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 09/16/24‐09/30/24 1,203.93 40922 11/12/2024 FINANCE                        Water Mtnc/Operations VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 10/01/24‐10/15/24 746.33 40922 11/12/2024 FINANCE                        Water Quality Control VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 08/16/24‐08/31/24 481.20 40922 11/12/2024 FINANCE                        Water Quality Control VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 09/16/24‐09/30/24 541.63 40922 11/12/2024 FINANCE                        Water Quality Control VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 10/01/24‐10/15/24 313.25 40922 11/12/2024 FINANCE                        PD Operations VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 08/16/24‐08/31/24 9,056.11 40922 11/12/2024 FINANCE                        PD Operations VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 09/16/24‐09/30/24 7,865.10 40922 11/12/2024 FINANCE                        PD Operations VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 10/01/24‐10/15/24 6,994.34 40923 11/12/2024 CITY ADMIN            City Attorney ALESHIRE & WYNDER LLP CONSULTING SVS CITY ATTORNEY 26,719.81 40924 11/12/2024 PARKS ADMINISTRATIOParks RASHID RELIEF REBUILDERS, INC. SUNRISE ROTARY PLAYGROUND 9,747.00 40925 11/12/2024 CITY ADMIN            Community Promo MARIA Y SOLIS CATERING ‐ EMPLOYEE EVENT 8,551.75 40926 11/12/2024 CITY ADMIN            Community Promo KINGS EVENTS, INC TABLES & CHAIRS ‐ EMPLOYEE EVENT 2,292.00 40927 11/12/2024 FACILITIES                     Facilities Maintenance JAM SERVICES INC TRAFFIC SIGNAL BULBS 294.44 40928 11/12/2024 CITY ADMIN            Community Promo LOCAL AGENCY FORMATION COMMISSION LAFCO ANNUAL CONTRIBUTION 36,869.95 40929 11/12/2024 CITY ADMIN            Community Promo MADERA COUNTY E D C EDC Q1 FY 2024‐25 45,520.34 40930 11/12/2024 PARKS ADMINISTRATIOGeneral Trust Fund OTP‐ PARKS REFUNDS DEPOSIT REFUND ‐ POOL 100.00 40931 11/15/2024 WATER MTNC/OPERA Water Mtnc/Operations THIRKETTLE CORPORATION COMMAND LINK 2,174.37 40931 11/15/2024 WATER MTNC/OPERA Water Mtnc/Operations THIRKETTLE CORPORATION SHIPPING CHARGES 188.93 40932 11/15/2024 FLEET MAINTENANCE Fleet Acquisition M. J. DONOVAN ENTERPRISES, INC. REFLECTIVE GRAPHIC KIT 2,502.00 40933 11/15/2024 PARKS ADMINISTRATIOSports Programs J & D MANUFACTURING TINY TIKES SHIRTS 189.98 40933 11/15/2024 PARKS ADMINISTRATIOSports Programs J & D MANUFACTURING UMPIRE UNIFOR 258.00 40933 11/15/2024 PARKS ADMINISTRATIOSports Programs J & D MANUFACTURING T‐BALL SHIRTS 1,144.31 40933 11/15/2024 PARKS ADMINISTRATIOSports Programs J & D MANUFACTURING ADULT BBALL PRIZE 286.81 40934 11/15/2024 PD OPERATIONS           General Fund GERALD BUUS HORSE BOARDING 10/01/24‐09/30/25 525.00 40934 11/15/2024 PD OPERATIONS           PD Operations GERALD BUUS HORSE BOARDING 10/01/24‐09/30/25 1,575.00 40935 11/15/2024 PD OPERATIONS           PD Operations DOOLEY ENTERPRISES, INC. AMMUNITION 24,280.30

CITY OF MADERA
REGISTER OF AUDITED DEMANDS FOR BANK #1 ‐ UNION BANK GENERAL ACCOUNT December 04, 2024

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 40936 11/15/2024 WWTP    WWTP MECHANICAL ANALYSIS REPAIR INC. REPAIR INFLUNT PUMP #3 20,051.75 40937 11/15/2024 PD OPERATIONS           MEAS K ‐ PD SC BEACH HOTEL PARTNERS LLC MPD LEADERSHIP HOTEL FEES 2,644.14 40938 11/15/2024 PD OPERATIONS           PD Operations CITY OF FRESNO RENTAL FEES 576.00 40939 11/15/2024 FINANCE                        Water Quality Control MADERA TRIBUNE REQUEST FOR BID ‐ 202324‐01 149.50 40940 11/15/2024 PD OPERATIONS           SUPP LAW ENF MOTOROLA SOLUTIONS INC. PD ‐ SOFTWARE SUPPORT 2,700.00 40941 11/15/2024 FINANCE                        Finance FORESTIERE, ANTHONY REIMBURSEMENT ‐ CPA LICENSE 2024‐2026 340.00 40942 11/15/2024 PW ADMIN                    AIRPORT OPS PITNEY BOWES, INC. POSTAGE FEES 11.47 40942 11/15/2024 PW ADMIN                    Facilities Maintenance PITNEY BOWES, INC. POSTAGE FEES 11.47 40942 11/15/2024 PW ADMIN                    Fleet Maintenance PITNEY BOWES, INC. POSTAGE FEES 11.47 40942 11/15/2024 PW ADMIN                    STREETS PITNEY BOWES, INC. POSTAGE FEES 11.47 40942 11/15/2024 PW ADMIN                    Sewer Mtnc/Operations PITNEY BOWES, INC. POSTAGE FEES 11.47 40942 11/15/2024 PW ADMIN                    Water Mtnc/Operations PITNEY BOWES, INC. POSTAGE FEES 11.47 40942 11/15/2024 PW ADMIN                    Water Quality Control PITNEY BOWES, INC. POSTAGE FEES 11.54 40942 11/15/2024 PW ADMIN                    WWTP PITNEY BOWES, INC. POSTAGE FEES 11.47 40942 11/15/2024 PW ADMIN                    Purchasing PITNEY BOWES, INC. POSTAGE FEES 11.47 40943 11/15/2024 FINANCE                        CFD Debt Fund ‐ 2006 Bonds PITNEY BOWES, INC. POSTAGE MACHINE LEASE  06/30/24‐09/29/24 63.26 40943 11/15/2024 FINANCE                        Water Mtnc/Operations PITNEY BOWES, INC. POSTAGE MACHINE LEASE  06/30/24‐09/29/24 316.30 40943 11/15/2024 FINANCE                        WWTP PITNEY BOWES, INC. POSTAGE MACHINE LEASE  06/30/24‐09/29/24 126.52 40944 11/15/2024 PD OPERATIONS           General Trust Fund PROFORCE MISC PD EQUIPMENT 4,330.00 40945 11/15/2024 WWTP    WWTP SYNAGRO WEST, INC. SLUDGE HAULING & DISPOSAL 12,741.52 40946 11/15/2024 PD OPERATIONS           SUPP LAW ENF THE RADAR SHOP RECERTIFIED RADAR/LIDAR UNITS 372.00 40947 11/15/2024 ENGINEERING               Engineering YAMABE & HORN ENGINEERING MAP CHECK 24‐160 100.00 40947 11/15/2024 ENGINEERING               Engineering YAMABE & HORN ENGINEERING MAP CHECK 24‐264 1,435.00 40948 11/15/2024 PD OPERATIONS           PD Operations ASSET FORFEITURE/OTHER PD FIREWORK SPECTACULAR 5,000.00 40949 11/15/2024 PW ADMIN                    WATER CONSERV OTP‐ REBATES TURF REBATE ‐ 9926502 3,000.00 40950 11/15/2024 FINANCE                        Water Fund AR REFUNDS DEPOSIT REFUND ‐ METER #13 1,632.09 40951 11/15/2024 FINANCE                        Water Fund AR REFUNDS DEPOSIT REFUND ‐ METER #35 1,582.72 40952 11/15/2024 FINANCE                        Water Fund AR REFUNDS DEPOSIT REFUND ‐ METER #33 1,700.00 40953 11/15/2024 FINANCE                        Water Fund AR REFUNDS DEPOSIT REFUND ‐ METER #34 1,120.66 40954 11/15/2024 FINANCE                        Water Fund AR REFUNDS DEPOSIT REFUND ‐ METER #1 1,700.00 40955 11/15/2024 PLANNING                     Planning BLDING/PLAN REFNDS APPLICATION CANCELLED ‐ REIMBURSE FEE 2,362.50 40956 11/15/2024 ENGINEERING               Sewer New Req BOND ENCROACH REIMBURSEMENT ‐ IVEYWOOD 19,144.00 40956 11/15/2024 ENGINEERING               Storm Drain SE Quad U/A BOND ENCROACH REIMBURSEMENT ‐ IVEYWOOD 6,439.00 40957 11/15/2024 UB ‐ WATER          Water Fund OTP‐ UB REFUNDS UB TERM REFUND 9919041 86.18 40958 11/15/2024 UB ‐ WATER          Water Fund OTP‐ UB REFUNDS UB TERM REFUND 10000316 62.79 40959 11/15/2024 UB ‐ WATER          Water Fund OTP‐ UB REFUNDS UB TERM REFUND 9909113 645.36 40960 11/15/2024 UB ‐ WATER          Water Fund OTP‐ UB REFUNDS UB TERM REFUND 9923392 145.38 40961 11/15/2024 UB ‐ WATER          Water Fund OTP‐ UB REFUNDS UB TERM REFUND 9909988 14.42 40962 11/15/2024 UB ‐ WATER          Water Fund OTP‐ UB REFUNDS UB TERM REFUND 9912729 278.35 40963 11/15/2024 UB ‐ WATER          Water Fund OTP‐ UB REFUNDS UB TERM REFUND 9925168 149.96 40964 11/15/2024 UB ‐ WATER          Water Fund OTP‐ UB REFUNDS UB TERM REFUND 9900460 2,350.49 40965 11/15/2024 UB ‐ WATER          Water Fund OTP‐ UB REFUNDS UB TERM REFUND 9925652 347.97 40966 11/15/2024 UB ‐ WATER          Water Fund OTP‐ UB REFUNDS UB TERM REFUND 10000319 146.88 40967 11/15/2024 UB ‐ WATER          Water Fund OTP‐ UB REFUNDS UB TERM REFUND 9918809 124.82 40968 11/15/2024 UB ‐ WATER          Water Fund OTP‐ UB REFUNDS UB TERM REFUND 9919960 226.34 40969 11/15/2024 UB ‐ WATER          Water Fund OTP‐ UB REFUNDS UB TERM REFUND 10000084 854 146.77 40970 11/15/2024 UB ‐ WATER          Water Fund OTP‐ UB REFUNDS UB TERM REFUND 9920884 134.09 40971 11/15/2024 UB ‐ WATER          Water Fund OTP‐ UB REFUNDS UB TERM REFUND 9925211 164.33 40972 11/15/2024 UB ‐ WATER          Water Fund OTP‐ UB REFUNDS UB TERM REFUND 9924174 91.18 40973 11/15/2024 UB ‐ WATER          Water Fund OTP‐ UB REFUNDS UB TERM REFUND 9924220 304.61 BANK #1 ‐ US BANK GENERAL ACCOUNT TOTAL $          363,466.22

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: December 4, 2024
_________________________________ Agenda Number: ___________ Arnoldo Rodriguez, City Manager
SUBJECT:

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

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

The purpose of this report is to provide the Council with a monthly update on expenditures related to contract City Attorney services and specialized legal representation for various litigation matters.

DISCUSSION:

This report outlines charges paid for services performed by the City’s contract City Attorney. The information presented encompasses the invoices received from Aleshire & Wynder, LLP for October 2024 and November (partial period November 1- 14) 2024, as well as tracking of the Fiscal Year (FY) 2024/25 invoices received through a FY 2024/25 Year-to-Date (YTD) column.

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

Firm: Aleshire & Wynder, LLP (City Attorney Services and Litigation) Billing Periods: October 2024 and November 1-14, 2024
Matter
Charges
October 2024 November 1-14,
2024
FY 2024/2025
(YTD)
General Legal Review/Advice $558.54 $106.00 $8,451.04
City Clerk $3,500.81 $291.50 $10,313.08
B-2
Attendance at Council Meetings &
Requests for Information/Research $2,040.50 $0 $13,235.50 City Manager $477.00 $2,146.50 $5,777.00
Review and Advice on Agreements $0 $0.00 $0
Public Records Act Matters $0 $0 $0
City Real Property $0 $0 $768.50
Planning & Planning Commission $1,908.00 $2,146.50 $7,287.50 Finance $2,496.00 $319.00 $4,343.50
Successor Agency $0 $0 $0
Public Works/Engineering $1,457.50 $371.00 $9,354.50
Airports $530.00 $212.00 $1,510.50
Grand Jury $0 $0 $0
Personnel/Payroll $406.00 $0 $725.00
Municipal Code Enforcement $1,033.50 $0 $1,453.50
Police Department - General $2,767.00 $477.00 $8,297.50 Parks $450.50 $291.50 $1,590.00
Water $1,113.00 $26.50 $4,425.50
Wastewater $0 $0 $238.50
Economic Development $0 $0 $0
Ordinances $0 $230.50 $230.50
Special Projects $0 $0 $0
Housing $106.00 $0 $106.00
Cannabis $0 $0 $0
Total Advisory Services $18,844.35 $6,618.00 $78,107.62 Litigation Services
Total Litigation Services $319.00 $522.00 $17,751.12
Discounted Hours $0 $0 $0
Travel/Lodging Expenses $0 $0 $0
Shipping $0 $0 $0
Process Server (Transcripts to
Superior Court
$0 $0 $0
Total Advisory & Litigation Services $19,163.35 $7,140.00 $95,858.74 FINANCIAL IMPACT:

For FY 2024/25, expenditures for invoices related to legal fees total $95,858.74. This represents expenditures for specific City Attorney services. A summary of invoices received to date are summarized per the following table.

Legal Invoices FY 2024/25 YTD
City Attorney Advisory Services
Aleshire and Wynder $78,107.62
Litigation Services (Including discounted hours, travel & shipping) Aleshire and Wynder $17,751.12
Total City Attorney and Litigation Services Year-End $95,858.74

ALTERNATIVES:

This report is for informational purposes only.

ATTACHMENTS:

None

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: December 4, 2024
Agenda Number: B-3
Michael Lima, Director of Financial Services
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Update of the City of Madera’s Public Transportation Agency Safety Plan for the Madera Metro Transit System
RECOMMENDATION:

Adopt a Resolution adopting the updated Madera Metro Public Transportation Agency Safety Plan
SUMMARY:

The Federal Transit Administration (FTA) performed a Triennial Review of the City’s transportation system from August 20 – 21, 2024. During the review of the City’s Public Transportation Agency Safety Plan (PTASP), the reviewers found the PTASP was not signed by the Accountable Executive. The City must also outline how the will handle potential infectious disease exposures on the City’s Transit system. The updated PTSAP addresses both issues identified by the FTA’s reviewers.

DISCUSSION:

On July 19, 2018, the FTA published the PTASP’s Final Rule. The PTASP’s Final Rule requires certain operations of public transportation systems that receive federal funds under FTA’s Urbanized Area Formula Grants to develop safety plans that include the processes and procedures to implement Safety Management Systems (SMS).

The SMS is a comprehensive, collaborative approach that brings management and labor together to build on the transit industry’s existing safety foundation to better manage risk, detect/correct safety problems earlier, share/analyze safety data more effectively, and measure safety performance more carefully. Madera Metro’s SMS focuses on applying resources to mitigate risk and is based on ensuring that Madera Metro has the organizational infrastructure to support decision-making at all levels regarding the assignment of resources for safety issues. The PTSAP is based on four principles of the SMS:

1. Safety Management Policy

2. Safety Risk Management

3. Safety Assurance

4. Safety Promotion
The City drafted the PTSAP to fulfill the requirements of 49 Code of Federal Regulations (CFR) Part 673. It was adopted by Council on December 16, 2020 (Res. No. 20-165). Per 49 CFR Part 673’s requirements, the Safety Plan should be updated/adopted annually or sooner if any of the following apply: information, processes or activities change within the City or 49 CFR Part 673 undergoes significant changes. Unfortunately, due to staff turnover, the City’s PTSAP has not been updated since its initial adoption.

During the FY 2021-2024 Triennial Review site visit, the FTA’s reviewers reviewed various City Transit documentsto ensure they were meeting statutory and administrative requirements. One of the documents reviewed was the City’s PTASP. In regard to the PTSAP, the reviewers found three issues:
 The PTSAP was not signed by the Accountable Executive for the City, who is the Grant Administrator.
 The PTSAP did not contain language which detailed how the City would address an infectious disease exposure on the Madera Metro Transit system.  The PTSAP needed to be approved by Council.

While the issues identified by the reviewers did not reach the level of a finding in the Triennial Report, the reviewers did recommend addressing the issues as soon as possible so that the City would have a PTSAP that met legal and regulatory requirements.

As a result of the reviewers’ comments, staff updated the PTSAP to address the identified issues.

The updated language is highlighted in Attachment A. Adoption of the updated PTSAP by Council is required to finalize the City’s response to FTA.

FINANCIAL IMPACT:

As a recipient of federal funds, conformance with the PTSAP requirements is mandatory to continue receiving FTA funds. Alternatively, the City is at risk of ineligibility for these funds.

ALTERNATIVES:

As an alternative, Council may choose to not approve the resolution and the Public Transportation Agency Safety Plan update. As a result, City of Madera Transit services would be out of compliance with the FTA and would not meet PTSAP Regulation, 49 CFR Part 673. In addition, Federal funding could be jeopardized, and staff would need to seek other revenue sources including General Fund to offset the cost to continue to provide public transit services.

ATTACHMENTS:

1. Attachment A - City of Madera – PTSAP Update
 Exhibit A – Resolution
RESOLUTION NO. _____

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

CALIFORNIA, APPROVING THE UPDATE TO MADERA METRO PUBLIC

TRANSPORTATION AGENCY SAFETY PLAN
WHEREAS, the City Council approved the Madera Metro Public Transportation Agency Safety Plan (PTSAP) on December 16, 2020; and
WHEREAS, on August 20-21, 2024, the Federal Transit Administration (FTA) performed a Triennial Review for the program years 2021-2023; and
WHEREAS, FTA reviewers noted some additions to the City’s PTSAP to bring it into conformance with 49 CFR Part 673; and
WHEREAS, the City has updated the PTSAP as required by FTA.

NOW, THEREFORE, the City Council of the City of Madera finds, determines, resolves and orders as follows:

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

2. The City Council adopts the PTASP which is attached and incorporated herein by reference.

3. This resolution is effective immediately upon adoption. *****
----
MADERA
METRO

THE WAY TO GO
City of Madera
Madera Metro
205 W 4th Street
Madera, CA 93637
Public Transportation Agency Safety Plan (PTASP)
Adopted December 16, 2020
UPDATE DRAFT AUGUST 28, 2024
r, 11//J. ,~; er======== y i~ air:

Accountable Executive

DEFINITIONS
Accident means an event that involves any of the following: a loss of life; a report of a serious injury to a person; a collision of public transportation vehicles; an evacuation for life safety reasons.

Accountable Executive means the single, identifiable person who has ultimate responsibility for carrying out the Public Transportation Agency Safety Plan (PT ASP) of the Agency; responsibility for carrying out the Agency's Transit Asset Management Plan; and control or direction over the human and capital resources needed to develop and maintain both the Agency's PT ASP, in accordance with 49 U.S.C. § 5329(d), and the Agency's Transit Asset Management Plan in accordance with 49 U.S.C. § 5326.

Agency or Transit Agency means Madera Metro.

City of Madera means governing body of Madera Metro.

Caltrans means the California Department of Transportation.

Chief Safety Officer means Madera Metro's adequately trained individual who has responsibility for safety and reports directly to the Transit Agency's Chief Executive Officer.

CFR means Code of Federal Regulations.

Event means any Accident, Incident, or Occurrence.

FTA means the Federal Transit Administration, an operating administration within the United States Department of Transportation.

Hazard means any real or potential condition that can cause injury, illness, or death, damage to or loss of the facilities, equipment, rolling stock, or infrastructure of the system, or damage to the environment.

Incident means an event that involves any of the following: a personal injury that is not a serious injury, one or more injuries requiring medical transport, or damage to facilities, equipment, rolling stock, or infrastructure that disrupts the operations of the Transit Agency.

Investigation means the process of determining the causal and contributing factors of an accident, incident, or hazard, for the purpose of preventing recurrence and mitigating risk.

National Public Transportation Safety Plan means the plan to improve the safety of all public transportation systems that receive federal financial assistance under 49 U.S.C. Chapter 53 .

Occurrence means an event without any personal injury in which any damage to facilities, equipment, rolling stock, or infrastructure does not disrupt the operations of the Transit Agency.

Part 673 means 49 CFR (Code of Federal Regulations) Part 673.

Performance Measure means an expression based on a quantifiable indicator of performance or condition that is used to establish targets and to assess progress toward meeting the established targets.

Section 1: Transit Agencv Information
Madera Metro is a City Department formed by the City of Madera. Madera Metro contracts with MV Public Transportation, Inc. to directly provide driver services for the Fixed Route and Demand Response (Dial-A-Ride) transportation systems and uses their employees to supply the necessary labor to operate the revenue vehicles.

Madera Metro is a recipient/subrecipient of Section 5307, Section 5339, and Transportation Development Act funds. Madera Metro does not provide transportation services on behalf of another entity.

Subsection 1.1 Accountable Executive
Madera Metro's Accountable Executive is City of Madera Grant Administrator, Marcela Zuniga.

The Accountable Executive is the single, identifiable person who has ultimate responsibility for carrying out this Agency Safety Plan and Madera Metro's Transit Asset Management (TAM) Plan, and control or direction over the human and capital resources needed to develop and maintain both this Plan and the TAM Plan.

The Accountable Executive is accountable for ensuring that the Agency's Safety Management Systems (SMS) is effectively implemented throughout the Agency's public transportation system. The Accountable Executive is accountable for ensuring action is taken, as necessary, to address substandard performance in the Agency 's SMS. The Accountable Executive may delegate specific responsibilities, but the ultimate accountability for the Transit Agency's safety performance cannot be delegated and always rests with the Accountable Executive.

Subsection 1.2 Chief Safety Officer
The Accountable Executive designates the Transit Program Manager, Xochitl M. Villasenor as Madera Metro's Chief Safety Officer who has the authority and responsibility for day-to-day implementation and operation of the Agency's SMS. The Chief Safety Officer holds a direct line of reporting to the Accountable Executive and has a strong working relationship with the operations and asset management functions at Madera Metro.

Subsection 1.3 Agency Leadership and Executive Management Madera Metro's Agency Leadership/Executive Management is comprised of the Grant Administrator (Accountable Executive) and the Transit Program Manager (Chief Safety Officer).

Madera Metro's contractor (MV Public Transportation, Inc) is comprised of the General Manager for the City of Madera Division 585.

Subsection 1.4 Key Staff
The City of Madera and MV Public Transportation, Inc. key staff may include managers, supervisors, specialists, analysts, database administrators, and other key employees who are performing highly technical work and overseeing employees performing critical tasks and providing support in the implementation of this Agency Safety Plan (ASP) and SMS principles in various departments throughout the agency.

sooner. As Madera Metro collects data through its Safety Risk Management and Safety Assurance processes, the data will be shared with Caltrans and the local Metropolitan Planning Organization (MPO) as described in subsection 3.1 below. The MPO and Caltrans will evaluate Madera Metro's Safety Performance Targets (SPTs) to determine whether they need to be changed, as well.

This Plan will be jointly reviewed and updated by the Chief Safety Officer and Accountable Executive, with the assistance of subject matter experts, each April. The Accountable Executive will approve any changes, then forward them to the TAB and City Council for approval.

This Plan may need to be reviewed and updated more frequently based on the following:
• We determine our approach to mitigating safety deficiencies is ineffective. • We make significant changes to service delivery.
• We introduce new processes or procedures that may impact safety. • We change or re-prioritize resources available to support SMS. • We significantly change our organizational structure.

Section 3: Safetv Performance Targets (SPTs)
Subsection 3.1 Target Development
Madera Metro includes SPTs in this Safety Plan. These targets are specific numerical targets set by Madera Metro and based on the Safety Performance Measures established by FT A in the National Public Transportation Safety Plan (NPTSP). In the most recent version, the 2017 NSP3, FTA adopted four initial safety Performance Measures: (1) Fatalities, (2) Injuries, (3) Safety Events, and (4) System Reliability.

Madera Metro developed SPTs that will be reviewed and updated annually. The specific Safety Performance Targets are based on the safety performance measures established under the NPTSP and the safety performance goals set by Caltrans based on the past three (3) Calendar years of data. The SPTs for Madera Metro for the year 2020 are expected to stay within 1 % +/- of the previous three years data pertaining to fatalities, injuries, safety events, and system reliability.

Note: Baseline data for each target will need to be provided by each agency for Ca/trans to develop goals.

FT A requires Caltrans to coordinate with Madera Metro and the Madera County Transportation Commission (MCTC) to the maximum extent practicable. Pursuant to 49 CFR Part 673.15(a), Madera Metro will make safety performance targets available to MCTC to aid in the planning process upon certification of this plan. Additionally, Madera Metro will transmit performance data against the safety performance targets to Caltrans and the MCTC on an annual basis.

Caltrans will conduct coordination meetings with the MCTC for the selection of State and MPO safety performance targets and goals.

Fatalities Injuries Safety Events System
Mode of Transit Fatalities Injuries Safety Events Reliability Service (total) (per 100k (total) (per 100k (total) (per 100k (VRM/ VRM) VRM) VRM) failures) Madera Metro Fixed 0 0 2 0.93 7 3.26 0
Route
Demand Response 0 0 0 0 0 0 0
"Dial-A-Ride"

Madera Metro will:
• Clearly, and continuously explain to all staff that everyone working within Madera Metro must take part and be responsible and accountable for the development and operation of the Safety Management System (SMS).
• Work continuously to minimize safety risks. Work to comply with and, wherever possible, exceed legislative and regulatory requirements and standards for passengers and employees.
• Work to ensure that all employees are provided appropriate safety information and training, are competent in safety matters, and assigned tasks commensurate with duties and skills.
• Reaffirm that responsibility for making our operations safer for everyone lies with all employees - from executive management to frontline employees. Each manager is responsible for implementing the SMS in their area of responsibility and will be held accountable to ensure that all reasonable steps are taken to perform activities established through the SMS.
• Will follow CDC Infectious Disease Guidelines.

Caltrans established safety performance targets to help measure the overall effectiveness of our processes and ensure we meet our safety objectives. Madera Metro will keep employees informed about safety performance goals and objectives to ensure continuous safety improvement.

Subsection 5.2 Safety Management Policy Communication
The Safety Management Policy is communicated throughout the Agency, to all employees, managers, and executives, as well as contractors, and to the City of Madera.

This is accomplished through various processes such as:
• Workshops/training sessions - Conducted for Senior Management, Directors, Managers, Supervisors. Once this Plan or any update to this Plan has been signed by the CEO/General Manager approved by the Board of Directors and certified by Caltrans it will become standard practice in perpetuity so that SMS becomes standard business practice. All Union representatives will be kept informed. • New Hire Safety Orientation - All new employees regardless of their classifications will be trained in their roles and responsibilities pertaining to PT ASP and the principles of SMS.
• Safety bulletins, email safety newsletter blasts to staff, toolbox/tailgate safety meetings and/or safety committee meetings.

Subsection 5.3 Employee Safety Reporting Program
Madera Metro implemented a process that allows employees and contracted employees to report safety conditions to senior management, protections for employees who report safety conditions to senior management. The purpose, description and protections for employees to report unsafe conditions and hazards are described in the Employee Safety Reporting Program as below:

Subsection 5.4.1 Accountable Executive
Madera Metro's Accountable Executive is accountable for ensuring that the Agency's SMS is effectively implemented throughout the Agency's public transportation system.

The Accountable Executive role includes, but are not limited to:
• Decision-making about resources (e.g. people and funds) to support asset management, SMS activities, and capital investments.
• Signing SMS implementation planning documents.
• Endorsing SMS implementation team membership.
• Ensuring safety concerns are considered and addressed in the agency's ongoing budget planning process.
• Ensuring transparency in safety priorities: for the Board of Directors and for the employees.
• Establishing guidance on the level of safety risk acceptable to the agency. • Assuring safety policy is appropriately communicated throughout the agency. • Other duties as assigned/necessary.

Subsection 5.4.2 Chief Safety Officer
The Chief Safety Officer has the authority and responsibility for day-to-day implementation and operation of the SMS. The Chief Safety Officer's role includes, but are not limited to:
• Decision-making about resources (e.g., people and funds) to support asset management, SMS activities, and capital investments.
• Overseeing the safety risk management program by facilitating hazard identification, safety risk assessment, and the development and implementation of safety risk mitigations.
• Monitoring safety risk mitigation activities.
• Providing periodic reports on safety performance.
• Briefing the Accountable Executive and City of Madera on SMS implementation progress.
• Planning safety management training.
• Developing and organizing annual audits/reviews of SMS processes and the Agency Safety Plan to ensure compliance with 49 CFR Part 673 requirements. • Maintaining safety documentation.
• Other duties as assigned/necessary.

Subsection 5.4.3 Agency Leadership and Executive Management Madera Metro's Agency Leadership/Executive Management comprise of the Grants Administrator (Accountable Executive) and the Transit Program Manager (Chief Safety Officer).

Madera Metro's contractor (MV Public Transportation, Inc) is comprised of the General Manager for the City of Madera Division 585.

The Grants Administrator, Transit Program Manager and Contractor General Manager responsibilities include:

• Developing and maintaining programs to gather pertinent data elements to develop safety performance reports and conduct useful statistical analyses to identify trends and system performance targets.
• Establishing clear lines of safety communication and holding accountability for safety performance.
• Assisting as subject matter experts in safety risk assessment and safety risk mitigation processes.
• Ensure driver services are adequate.
• Implement and train all employees on the "Employee Safety Reporting Program." Section 6 Safety Risk Management (SRM)
The second component of the Madera Metro's SMS is Safety Risk Management, which includes processes and procedures to provide an understanding of the Agency's operations and vehicle maintenance to allow individuals to identify hazards associated with those activities.

Madera Metro has implemented a Safety Risk Management process for all elements of its transportation system. The Safety Risk Management process includes the following activities:
safety hazard identification, safety risk assessment, and safety risk mitigation.

Subsection 6.1 Safety Hazard Identification
Hazard identification is the first step in the Safety Risk Management process and a key component. It involves these fundamental safety-related activities: Identifying safety hazards and their consequences; assessing the risks associated with the consequences of the hazards; and developing mitigations to reduce the potential consequences of the identified hazards.

The following is Madera Metro's methods and processes to identify hazards. The Agency considers, as a source for hazard identification, data and information provided by an oversight authority and the FT A. Hazards are identified through a variety of sources, including:
• Employee safety reporting.
• Review of vehicle camera footage.
• Review of monthly performance data and safety performance targets. • Observations from supervisors.
• Maintenance reports.
• Comments from customers, passengers, and third parties. • Safety committee, driver and all-staff meetings.
• Results of audits and inspections of vehicles and facilities. • Results of training assessments.
• Investigations into safety events, incidents and occurrences. • Information from FT A and oversight authorities.

When a hazard has been identified, whatever the source, it is reported to the Madera Metro Chief Safety Officer, who enters it into the Hazard Log. The Chief Safety Officer also may enter hazards into this log based on reviews of operations and maintenance activities and procedures.

So unlikely, it can be assumed occurrence
Improbable E may not be experienced in the life of an Unlikely to occur, but possible. item.

Incapable of occurrence. This level is used Incapable of occurrence. This level is used Eliminated F when potential hazards are identified and when potential hazards are identified and later eliminated. later eliminated.

The measuring goes from A to F with A being frequent or likely to occur frequently and E being improbable or expected that this event will most likely never occur. The designation Fis used when potential hazards are identified and later eliminated.

SECURITY LEVELS
Description Level Mishap Result Criteria
Could Result in one or more of the following: death, permanent total disability, Catastrophic I irreversible significant environmental impact, or monetary loss equal to or exceeding $!OM
Could result in one or more of the following: permanent partial disability, injuries or Critical 2 occupational illness that may result in hospitalization of at least three personnel, reversible significant environmental impact, or monetary loss equal to or exceeding $IM but less than $10M
Could result in one or more of the following: injuries or occupational illness resulting in Marginal 3 one or more lost workday(s), reversible moderate environmental impact, or monetary loss equal to or exceeding $ IO0k but less than $1 M
Could result in one or more of the following: injuries or occupational illness not Negligible 4 resulting in lost workday, minimum environmental impact. Or monetary loss less than $100k.

The Safety Risk Severity Table presents a typical safety risk. It includes four categories to denote the level of severity of the occurrence of a consequence, the meaning of each category, and the assignment of a value to each category using numbers. In this table, 1 is considered catastrophic meaning possible deaths and equipment destroyed and 4 is considered negligible or of little consequence with two levels in between.

Safety Risk Probability and Safety Risk Severity are combined into the Safety Risk Index Ranking to help prioritize safety risks according to the table below.

The matrix also categorizes combined risks into levels, High, Serious, Medium, or Low based on the likelihood of occurrence and severity of the outcome. For purposes of accepting risk:
• High - Hazard ratings will be considered unacceptable and require action from the Accountable Executive and Safety Committee to mitigate the safety risk. • Serious - Hazard ratings will be considered undesirable and require action from the Accountable Executive to decide regarding their acceptability. • Medium - Hazard ratings will be considered acceptable and will require review by the Accountable Executive and a decision by the Chief Safety Officer. • Low - Hazard ratings may be accepted by the Chief Safety Office without additional review.

In the Hazard Log, the Chief Safety Officer will also document any specific measures or activities, such as reviews, observations, or audits, that will be conducted to monitor the effectiveness of mitigations once implemented.

Please refer to MV Transportation, Inc. Safety Policy Manual for a description of the methods or processes to identify mitigations or strategies necessary to reduce the likelihood and severity of the consequences of hazards. It is important to note that Madera Metro and its contractor work in collaboration to ensure hazards are identified, resolved, and minimized.

Section 7: Safety Assurance
The third component of the Agency's SMS is Safety Assurance, which ensures the performance and effectiveness of safety risk controls established under safety risk management. Safety assurance also helps ensure that the organization meets or exceeds its safety objectives through the collection, analysis, and assessment of data regarding the organization's performance.

Through our Safety Assurance process, Madera Metro can:
• Evaluate the operations and maintenance procedures to determine whether the existing rules and procedures are sufficient to control and prevent risk. • Assesses the effectiveness of safety risk mitigations to make sure the mitigations are appropriate and are implemented as intended.
• Investigates safety events to identify casual factors. • Analyzes information from safety reporting, including data about safety failures, defects, or conditions.

Incidents that occur from any of the procedures listed are compared against recent performance trends quarterly and annually by the Chief Safety Officer to determine what actions need to be taken.

Information is then thoroughly gathered from all parties (Contractors, Key Staff, Chief Safety Office, and Accountable Executive) and carefully analyzed to determine a justifiable outcome and preventative solution. Next, the Chief Safety Officer shares any identified non-compliant or ineffective activities, including mitigations with the City's Human Resources Department to be reevaluated by the City's Safety Committee. With monthly safety meetings, information is provided and recorded to be used as minutes given to all city departments and officials.

Furthermore, the City's Human Resource Department investigates safety events and any reports of non-compliance with applicable regulations, standards, and legal authority.

Some of the key elements of Madera Metro's Safety Performance Monitoring and Measurement are shown below in Subsection 7 .1.

Subsection 7.1 Safety Performance Monitoring and Measurement To ensure Madera Metro's system remains compliant, monitoring is performed by the City of Madera Human Resources Department through internal safety reporting programs, including the employee safety reporting program and monthly safety committee meetings.

The Safety Committee internal investigation process determines whether:
• The accident was preventable or non-preventable.
• Personnel require discipline or retraining.
• The casual factor(s) indicate(s) that a safety hazard contributed to or was present during the event.
• The accident appears to involve underlying organization casual factors beyond just individual employee behavior.

The Chief Safety Officer also reviews the results of internal and external reviews, including audits and assessments, with findings affecting safety performance, compliance with operations and maintenance procedures, or the effectiveness of safety risk mitigations. The Chief Safety Officer discusses relevant safety issues and concerns with the Accountable Executive and executive management and documents the results of these reviews in the Hazard Log.

In the event of a fatality, Madera Metro complies with all FT A drug and alcohol requirements.

In California, every driver involved in an accident that results in death, injury, or property damage over $1000, effective January 1, 2017, must report the accident on a Report of Traffic Accident Occurring in California (SR 1) form to DMV. The report forms are available at www.dmv.ca.gov, by calling 1-800-777-0133, and at CHP and DMV offices. Also, under California Vehicle Code § l 6002(b) the driver of a vehicle that is owned or operated by a publicly owned or operated transit system, or that is operated under contract with a publicly owned or operated transit system, and that is used to provide regularly scheduled transportation to the general public or for other official business of the system shall, within 10 days of the occurrence of the accident, report to the transit system any accident of a type otherwise required to be reported pursuant to subdivision (a) of Section 16000. Madera Metro requires driver notification to Madera Metro immediately and maintains records of any report filed pursuant to this paragraph.

Section 8: Safety Promotion
The fourth component of the Agency's SMS is Safety Promotion, which includes a combination of training and communication of safety information to employees to enhance the Agency's safety performance. Safety Promotion sets the tone for the SMS and helps Madera Metro to establish and maintain a robust safety culture. Safety Promotion has two components: (I) Safety Communication, and (2) Competencies and Training.

Subsection 8.1 Safety Communication
Madera Metro communicates safety and safety performance information throughout the organization that, at a minimum, conveys information on hazards and safety risks relevant to employees' roles and responsibilities and informs employees of safety actions taken in response to reports submitted through an employee safety reporting program.

Madera Metro's focus is to ensure all safety communication remains precise and efficient in all areas of the organization. Madera Metro communicates safety and safety performance information during the monthly transit meeting and the quarterly Transit Advisory Board meetings. Information typically conveyed during these meetings includes safety performance

• Ongoing hazardous material training for vehicle maintenance technicians and supervisors.
• Training provided by vendors.

Section 9: Documelltatio11
Pursuant to 49 CFR Part 673.31, Madera Metro maintains records related to this Safety Plan and SMS implementation for a minimum of three years. These documents include but are not limited to the results from SMS processes and activities. Madera Metro will make these documents available to FTA Region 9, Caltrans, and other Federal and state agencies upon request.

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: December 4, 2024
_________________________________ Agenda Number: ___________ Keith Helmuth, Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Amendment to the Agreement with Westwood Professional Services, Inc., Formally O’Dell Engineering, regarding R-94 Bid Package 3 – Sidewalk Improvements at Various Locations RECOMMENDATION:

Adopt a Resolution Amending the Agreement with Westwood Professional Services, Inc., Formally O’Dell Engineering, in the Amount of $15,900 for the Design of Additional Sidewalk Segments at Various Locations
SUMMARY:

The City Council (Council), at its August 3, 2022 meeting, awarded a contract to O’Dell Engineering for the design of Sidewalk Improvements at Various Locations (Project). Council may recall that the City received an Affordable Housing and Sustainable Communities (AHSC) Grant for offsite improvements and programs related to the Veterans Housing Project at 5th and C Streets. The City received $3.6 million for offsite improvements and this item is part of this project.

During the evaluation of the existing conditions of the sidewalks, small sections of missing or dilapidated sidewalk were discovered. To better serve the community, it is recommended an additional $15,900 be added to the design contract. The total length of the additional sidewalk to be added is approximately 564 linear feet.

DISCUSSION:

O‘Dell Engineering was recently acquired by Westwood Professional Services. This change will be reflected in all future amendments or agreements with the consultant.

Approved by:
_________________________________
Keith Helmuth, Department Director
_________________________________
Arnoldo Rodriguez, City Manager
B-4
During preliminary design, staff identified needed sidewalk improvements within the project area but not included in the original design scope. It is necessary to amend the agreement to add the additional services associated with adding those improvements to the project. The amendment to the agreement is to add an additional $15,900 to the contract with O’Dell Engineering for the design of additional sidewalk improvements.

Staff has verified availability of funds to support the added cost. It is, therefore, staff’s recommendation to amend the agreement, resulting in an adjusted contract amount of $418,244 with Westwood.

The original agreement did not include an allowance for extra services within the initial $402,344 contract, which staff intends to address as part of this item. Staff proposes including the commonly accepted industry standard of 10 percent of the contract amount for allowable extra services, subject to approval by the City Engineer.

It is worth noting that the staff report from August 3, 2022, indicated that a Request for Proposals (RFP) was issued for engineering services to assist the City as part of this project. The City received three bids, and O’Dell Engineering was awarded the contract. If approved, this item would amend the original contract awarded by the Council.

FINANCIAL IMPACT:

There is no fiscal impact to the City’s General Fund.

ALTERNATIVES:

As an alternative, the Council may elect to reject the proposed amendment to the Contract to Westwood.

ATTACHMENTS:

1. Resolution
Exhibit A: Amendment No. 1

Attachment 1
Resolution
RESOLUTION NO. 24-
AMENDMENT NO. 1 TO THE AGREEMENT WITH WESTWOOD
PROFESSIONAL SERVICES, INC. (FORMALLY O’DELL ENGINEERING) FOR THE DESIGN OF ADDITIONAL SIDEWALK, CITY PROJECT NO. R-94 BID PACKAGE 3 SIDEWALK IMPROVEMENTS AT VARIOUS LOCATIONS, AHSC PROJECT NO. 19-AHSC-12760
WHEREAS, on August 3, 2022 the City Council (Council) adopted Resolution No. 22-118 approving an agreement with O’Dell Engineering for the engineering design of Bid Package 3 Sidewalk Improvements at Various Locations, City Project No. R-94, AHSC Project No. 19- AHSC-12760, hereinafter referred to as “the Project”; and WHEREAS, O’Dell Engineering was acquired by Westwood Professional Services, Inc. (CONSULTANT); and
WHEREAS, the City requested to add additional sidewalk design work to the scope of work; and
WHEREAS, the maximum allowable amount specified in the agreement for extra services was in error and should have included an additional 10 percent of the original cost proposal; and
WHEREAS, O’Dell Engineering (Westwood) submitted a proposal for the additional work in the amount of $15,900 for addition of sidewalk design.

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

1. The above recitals are true and correct.

2. The Council approves Amendment No. 1 to the Agreement with Westwood, formally O’Dell Engineering, a copy of which is attached hereto as Exhibit A and Incorporated by reference.

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

Exhibit A
Amendment No. 1

AMENDMENT NO. 1 TO THE AGREEMENT WITH WESTWOOD
PROFESSIONAL SERVICES, INC., FORMALLY O’DELL ENGINEERING,

FOR THE ENGINEERING DESIGN SERVICES FOR SIDEWALK

IMPROVEMENTS AT VARIOUS LOCATIONS IN MADERA, CITY
PROJECT NO. R-94, AHSC AGREEMENT NO. 19-AHSC-12761
This Amendment No. 1 to Agreement with O’Dell Engineering for engineering design services for Sidewalk Improvements at Various Locations in Madera, City Project No. R-94, AHSC Agreement No. 19-AHSC-12761 (Agreement) between the City of Madera (City) and Westwood, Formally O’Dell Engineering, (Consultant) is entered into this 4th day of December, 2024.

RECITALS
WHEREAS, CITY and O’Dell Engineering entered into an agreement dated August 3, 2022 for design services for Bid Package 3 Sidewalk Improvements at Various Locations, City Project No. R-94, AHSC Project No. 19-AHSC-12760 (Project).

WHEREAS, O’Dell Engineering was acquired by Westwood Professional Services, Inc; and WHEREAS, the City requested changes to the Consultant’s scope of work to add additional design work; and
WHEREAS, the maximum allowable amount specified in the agreement for extra services was in error and should have included an additional 10 percent of the original cost proposal; and WHEREAS, Amendment No. 1 to Agreement is necessary to revise the scope of work, compensation, and schedule for the additional engineering services and correct the extra services allowance.

AGREEMENT
In consideration of the recitals listed above and the mutual obligations of the parties herein, CITY and CONSULTANT agree that the Agreement for Engineering Design Services for the Project dated August 3, 2022 between CITY and CONSULTANT shall be amended as follows:

SECTION 1. ARTICLE I. STATEMENT OF WORK A. SCOPE OF SERVICES shall be amended by adding the following:

CONSULTANT shall provide professional services as set forth in Exhibit A “Proposed CCO 1”, attached hereto and incorporated herein by reference.

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

SECTION 2. ARTICLE IV. PERFORMANCE PERIOD shall be amended by replacing “January 1, 2024” with:
“January 1, 2026”
SECTION 3. ARTICLE VI. ALLOWABLE COSTS AND PAYMENTS shall be amended by adding the following:

E. The total amount payable by CITY shall not exceed $442,578.40 F. The basic fee for additional work listed in EXHIBIT A “Proposed CCO 1”, attached hereto and incorporated herein by reference, for the work tasks itemized in the Scope of Work is $15,900.00.

G. City and Consultant agree on the rates shown in EXHIBIT A “Proposed CCO 1” and that the hourly rates shall be valid through January 1, 2026. It is understood and agreed by both parties that all expenses incidental to Consultant’s performance of services, including travel expenses, are included in the basic fee shown in EXHIBIT A.

SECTION 4. ARTICLE VII. EXTRA SERVICES shall be amended by striking “$402,344.00” and replacing with “$442,578.40”.

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

In witness hereof, CITY and CONSULTANT have executed this Amendment No. 1 to the Agreement on the date first written above.

CITY OF MADERA Westwood Professional Services, Inc.

By: __________________________ By: __________________________________ , Mayor Dylan Crawford
Title: _____________________

APPROVED AS TO LEGAL FORM

By: __________________________
Shannon L. Chaffin, City Attorney
____________________________
ATTEST: Taxpayer ID Number
By: _________________________
Alicia Gonzales, City Clerk

EXHIBIT A
Proposed CCO 1
PROPOSED CCO 1

SCOPE & FEE
O’Dell Engineering
p:209.571.1765 | f:209.571.2466
1165 Scenic Drive, Suite A, Modesto, CA 95350 | www.odellengineering.com Date: December 29, 2022

To: Jonathan Gramajo
City of Madera Engineering Department
428 East Yosemite Avenue, Madera, CA 93638
From: Mike Persak, PE
Re: Madera Sidewalk Improvements Project
Scope of Work
The following scope of work is for the City’s direction to add three additional areas to the project improvements.

Upon receipt of the approved authorization for this work, O’Dell Engineering will complete the following tasks.

Task 11. Additional Sunset Avenue
(South side, between N. Pine St and North N St – approximately 80 LF) Task 11.1 Topographic Survey and Mapping
• Perform survey of proposed sidewalk improvement areas. • Topographic survey will include: all hardscape and softscape, grade breaks, high points, low points. • Locate surface-visible utility features and improvements, such as: signs, fences, walls, buildings, striping, driveways, walkways, drainages, structures, lights, poles, bollards, general limits of vegetated or landscaped areas, USA markings, vaults, valves, meters, boxes, pedestals, cleanouts, manholes, drain inlets, catch basins, culverts, outfalls, and standpipes. • Trees 6” in diameter or larger, as well as any plants or vegetation that may have significant meaning to property owners, will be located.
• Prepare topographic map at a suitable scale.

Task 11.2 Subsurface Utility Research and Base Mapping
• Request copies of existing maps, GIS data, improvement plans, as-builts, record drawings, etc. from each utility operator that shows their existing subsurface infrastructure within the project limits. • Use compiled records together with field observed surface evidence to prepare a subsurface utility base map drawing and incorporate the information into the topographic survey. • Where possible, existing utility meta information will be annotated on the base mapping to reflect available details extracted from the provided utility drawings. • This task is intended to be consistent with Utility Quality Level C as described in Section 5 of the publication CI/ASCE 38-02 (Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data).

Task 11.3 Conceptual Boundary Base Mapping
• Prepare a conceptual property boundary/road right-of-way linework base map drawing covering the subject mapping limits area. Linework will be based solely on record information from filed survey maps, recorded documents, and any other client-provided information, then placed relative to other deliverables using a limited amount of physical evidence.

DocuSign Envelope ID: C3CB15AA-E0CA-4986-88B6-87603F203CBD r-8•1=199
ENGlNEE-RlNG
PROPOSED CCO 1

SCOPE & FEE
O’Dell Engineering
p:209.571.1765 | f:209.571.2466
1165 Scenic Drive, Suite A, Modesto, CA 95350 | www.odellengineering.com Task 11.4 60% Plans
• Prepare the project base drawing using existing aerial imagery, topographic survey data, and the pertinent information from record drawings and utility maps. • Identify and evaluate conflicts, potential design issues, and their impact on cost and schedule. Identify and evaluate any impacts to existing residents and businesses. • Prepare the 60% Design Drawings that will establish the proposed design for geometrics, ramps, ADA path-of-travel, drainage, and avoidance of existing utilities/facilities. • Prepare a 60% preliminary engineer’s opinion of probable cost with allowances for contingencies. • Present the 60% Design Drawings to the City and review them in person with City Representatives as well as any additional stakeholders as required by the project.

Task 11.5 90% Plans
• Prepare the 90% plans, incorporating City comments from the 60% submittal. Prepare the 90% estimate.

Submit to the City for review.

Task 11.6 Final Plans
• Prepare the Final plans, incorporating City comments from the 90% submittal. Prepare the final estimate.

Submit to the City for review and approval.
• After City’s approval, we will work with City staff to prepare and furnish a complete Bid Package signed and stamped by the Consultant and clearly labeled as “Bid Set.” We will furnish a wet-signed reproducible set of the entire Bid Package to the City and electronic copies of the complete Bid Package in both Word/CAD and PDF format.

DELIVERABLES:
 60% Plans &Estimate (Electronic PDF copies and hard copies)  90% Plans &Estimate (Electronic PDF copies and hard copies)  Final Plans &Estimate (Electronic PDF copies and hard copies) Task 12. Additional West Central Avenue
(South side, between H St. and G St. and between alley and North Gateway Dr. – approximately 400 LF) Task 12.1 Topographic Survey and Mapping
• Perform survey of proposed sidewalk improvement areas. • Topographic survey will include: all hardscape and softscape, grade breaks, high points, low points. • Locate surface-visible utility features and improvements, such as: signs, fences, walls, buildings, striping, driveways, walkways, drainages, structures, lights, poles, bollards, general limits of vegetated or landscaped areas, USA markings, vaults, valves, meters, boxes, pedestals, cleanouts, manholes, drain inlets, catch basins, culverts, outfalls, and standpipes. • Trees 6” in diameter or larger, as well as any plants or vegetation that may have significant meaning to property owners, will be located.
• Prepare topographic map at a suitable scale.

DocuSign Envelope ID: C3CB15AA-E0CA-4986-88B6-87603F203CBD r-8•1=199
ENGlNEE-RlNG
PROPOSED CCO 1

SCOPE & FEE
O’Dell Engineering
p:209.571.1765 | f:209.571.2466
1165 Scenic Drive, Suite A, Modesto, CA 95350 | www.odellengineering.com Task 12.2 Subsurface Utility Research and Base Mapping
• Request copies of existing maps, GIS data, improvement plans, as-builts, record drawings, etc. from each utility operator that shows their existing subsurface infrastructure within the project limits. • Use compiled records together with field observed surface evidence to prepare a subsurface utility base map drawing and incorporate the information into the topographic survey. • Where possible, existing utility meta information will be annotated on the base mapping to reflect available details extracted from the provided utility drawings. • This task is intended to be consistent with Utility Quality Level C as described in Section 5 of the publication CI/ASCE 38-02 (Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data).

Task 12.3 Conceptual Boundary Base Mapping
• Prepare a conceptual property boundary/road right-of-way linework base map drawing covering the subject mapping limits area. Linework will be based solely on record information from filed survey maps, recorded documents, and any other client-provided information, then placed relative to other deliverables using a limited amount of physical evidence.

Task 12.4 60% Plans
• Prepare the project base drawing using existing aerial imagery, topographic survey data, and the pertinent information from record drawings and utility maps. • Identify and evaluate conflicts, potential design issues, and their impact on cost and schedule. Identify and evaluate any impacts to existing residents and businesses. • Prepare the 60% Design Drawings that will establish the proposed design for geometrics, ramps, ADA path-of-travel, drainage, and avoidance of existing utilities/facilities. • Prepare a 60% preliminary engineer’s opinion of probable cost with allowances for contingencies. • Present the 60% Design Drawings to the City and review them in person with City Representatives as well as any additional stakeholders as required by the project.

Task 12.5 90% Plans
• Prepare the 90% plans, incorporating City comments from the 60% submittal. Prepare the 90% estimate.

Submit to the City for review.

Task 12.6 Final Plans
• Prepare the Final plans, incorporating City commentsfrom the 90% submittal. Prepare the final estimate.

Submit to the City for review and approval.
• After City’s approval, we will work with City staff to prepare and furnish a complete Bid Package signed and stamped by the Consultant and clearly labeled as “Bid Set.” We will furnish a wet-signed reproducible set of the entire Bid Package to the City and electronic copies of the complete Bid Package in both Word/CAD and PDF format.

DELIVERABLES:
 60% Plans &Estimate (Electronic PDF copies and hard copies)  90% Plans &Estimate (Electronic PDF copies and hard copies)  Final Plans &Estimate (Electronic PDF copies and hard copies) DocuSign Envelope ID: C3CB15AA-E0CA-4986-88B6-87603F203CBD r-8•1=199
ENGlNEE-RlNG
PROPOSED CCO 1

SCOPE & FEE
O’Dell Engineering
p:209.571.1765 | f:209.571.2466
1165 Scenic Drive, Suite A, Modesto, CA 95350 | www.odellengineering.com Task 13. Additional East 6th Street
(North side, broken section of existing sidewalk southwest of South B St. – approximately 80 LF) Task 13.1 Topographic Survey and Mapping
• Perform survey of proposed sidewalk improvement areas. • Topographic survey will include: all hardscape and softscape, grade breaks, high points, low points. • Locate surface-visible utility features and improvements, such as: signs, fences, walls, buildings, striping, driveways, walkways, drainages, structures, lights, poles, bollards, general limits of vegetated or landscaped areas, USA markings, vaults, valves, meters, boxes, pedestals, cleanouts, manholes, drain inlets, catch basins, culverts, outfalls, and standpipes. • Trees 6” in diameter or larger, as well as any plants or vegetation that may have significant meaning to property owners, will be located.
• Prepare topographic map at a suitable scale.

Task 13.2 Subsurface Utility Research and Base Mapping
• Request copies of existing maps, GIS data, improvement plans, as-builts, record drawings, etc. from each utility operator that shows their existing subsurface infrastructure within the project limits. • Use compiled records together with field observed surface evidence to prepare a subsurface utility base map drawing and incorporate the information into the topographic survey. • Where possible, existing utility meta information will be annotated on the base mapping to reflect available details extracted from the provided utility drawings. • This task is intended to be consistent with Utility Quality Level C as described in Section 5 of the publication CI/ASCE 38-02 (Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data).

Task 13.3 Conceptual Boundary Base Mapping
• Prepare a conceptual property boundary/road right-of-way linework base map drawing covering the subject mapping limits area. Linework will be based solely on record information from filed survey maps, recorded documents, and any other client-provided information, then placed relative to other deliverables using a limited amount of physical evidence.

Task 13.4 60% Plans
• Prepare the project base drawing using existing aerial imagery, topographic survey data, and the pertinent information from record drawings and utility maps. • Identify and evaluate conflicts, potential design issues, and their impact on cost and schedule. Identify and evaluate any impacts to existing residents and businesses. • Prepare the 60% Design Drawings that will establish the proposed design for geometrics, ramps, ADA path-of-travel, drainage, and avoidance of existing utilities/facilities. • Prepare a 60% preliminary engineer’s opinion of probable cost with allowances for contingencies. • Present the 60% Design Drawings to the City and review them in person with City Representatives as well as any additional stakeholders as required by the project.

DocuSign Envelope ID: C3CB15AA-E0CA-4986-88B6-87603F203CBD r-8•1=199
ENGlNEE-RlNG
PROPOSED CCO 1

SCOPE & FEE
O’Dell Engineering
p:209.571.1765 | f:209.571.2466
1165 Scenic Drive, Suite A, Modesto, CA 95350 | www.odellengineering.com Task 13.5 90% Plans
• Prepare the 90% plans, incorporating City comments from the 60% submittal. Prepare the 90% estimate.

Submit to the City for review.

Task 13.6 Final Plans
• Prepare the Final plans, incorporating City comments from the 90% submittal. Prepare the final estimate.

Submit to the City for review and approval.
• After City’s approval, we will work with City staff to prepare and furnish a complete Bid Package signed and stamped by the Consultant and clearly labeled as “Bid Set.” We will furnish a wet-signed reproducible set of the entire Bid Package to the City and electronic copies of the complete Bid Package in both Word/CAD and PDF format.

DELIVERABLES:
 60% Plans &Estimate (Electronic PDF copies and hard copies)  90% Plans &Estimate (Electronic PDF copies and hard copies)  Final Plans &Estimate (Electronic PDF copies and hard copies) Limitations
Client to Provide
• Existing geotechnical reports, if available
• All agency fees
• USA requests, if appropriate
Assumptions
• Plans will be based on City of Madera Standard Specifications and Drawings, and Caltrans Standard Plans and Specifications.
• Traffic Control Plan will be prepared by the contractor, which will be specified in the Project Specifications. • The City will be responsible to obtain any right-of-way required. • Scope assumes that traffic control will not be required. • Survey deliverables will be based on the NAD83 horizontal datum and the NAVD88 vertical datum. A survey control statement will be provided, including: the location, elevation, and description of the site benchmarks utilized, as well as a horizontal survey coordinate table with the point number, northing, easting, and description for at least three (3) points.

Exclusions
• No utility relocation work is included.
• No electrical engineering is included.
• No right-of-way or easement acquisition services (i.e. title, appraisal, negotiations, etc.) are included. • No construction staking is included, but can be added at the client’s request. • No dust control plan is included.
• No traffic control plan is included.
• Excludes analysis of existing drainage system.
• Excludes drainage system design.
• Excludes a Storm Water Pollution Prevention Plan (SWPPP) • No QSP services are included but can be added at the client’s request.

DocuSign Envelope ID: C3CB15AA-E0CA-4986-88B6-87603F203CBD r-8•1=199
ENGlNEE-RlNG
PROPOSED CCO 1

SCOPE & FEE
O’Dell Engineering
p:209.571.1765 | f:209.571.2466
1165 Scenic Drive, Suite A, Modesto, CA 95350 | www.odellengineering.com • No construction management or inspection services are included. • Scope does not include attendance at construction period meetings, except for the pre-construction meeting.
• Excludes review of contractor submittals.
• Excludes assisting with preparation of punch list.
• No retaining wall design is included but can be added at the client’s request. • Obstructed or inaccessible areas may not be mapped.
• Excludes mapping of small trees, shrubs, or other minor vegetation, unless it is determined that said vegetation may hold significant value or meaning to the property owner/resident. • Excludes subsurface utility locating.
• Excludes survey monument preservation as defined and required by Section 8771 of the Professional Land Surveyors’ Act.
• Excludes land title research needed to establish right-of-way ownership or right-of-way status as a fee ownership or easement right.
• Excludes setting of property corner monuments or other marks on old or new property lines. • Excludes preparation of a record-of-survey map or corner record.

Fee
Task 11 Additional Sunset Avenue .............................................................................................. $5,100 Task 12 Additional West Central Avenue..................................................................................... $7,700 Task 13 Additional East 6th Street................................................................................................ $3,100 Not-to-Exceed Total: $ 15,900
DocuSign Envelope ID: C3CB15AA-E0CA-4986-88B6-87603F203CBD r-8•1=199
ENGlNEE-RlNG

K:\CONTRACTS\Fee Schedules\Fee Schedule (July 2022).doc O’Dell Engineering

FEE SCHEDULE
July 2022
Classification: Regular Hourly Rate:

Principal $280
Senior Civil Engineer $215
Senior Engineer 2 $200
Senior Engineer 1 $185
Engineer 2 $180
Engineer 1 $170
Assistant Engineer 2 $145
Assistant Engineer 1 $130
Senior Landscape Architect 2 $200
Senior Landscape Architect 1 $180
Landscape Architect 2 $170
Landscape Architect 1 $160
Landscape Designer 3 $155
Landscape Designer 2 $145
Landscape Designer 1 $135
Planner $175
Assistant Planner $140
Dry Utility Project Manager 2 $170
Dry Utility Project Manager 1 $150
Utility Engineer $135
CADD Operator 2 $115
CADD Operator 1 $95
Surveyor Manager $205
Senior Land Surveyor $195
Senior Surveyor 2 $190
Senior Surveyor 1 $170
Surveyor 2 $150
Surveyor 1 $140
Assistant Surveyor 2 $130
Assistant Surveyor 1 $115
Survey Crew 2-man/1-man $320/$180
Survey Crew 2-man/1-man (Prevailing Wage) $396/$225
Administrative $96
Outside Services & Reproduction: Actual cost plus 10%
Cost of services and expenses charged to O’Dell Engineering by outside consultants, commercial printers, and professional or technical firms engaged in connection with the project.

Travel: Actual cost plus 10%
Mileage, per diem, and subsistence are not normally charged to the client unless specific prior authorization is negotiated between client and consultant.

DocuSign Envelope ID: C3CB15AA-E0CA-4986-88B6-87603F203CBD

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

Adjustment of Planning Manager assigned salary range
RECOMMENDATION:

Adopt a resolution modifying the assigned salary range for the classification of Planning Manager SUMMARY:

The City’s Planning Manager position has been vacant since January 2024. Three recruiting rounds have been conducted using a professional recruiting firm. The first recruitment netted one qualified candidate who declined further consideration for personal reasons. The additional two (2) recruitments have not garnered any qualified candidates for consideration. The consulting firm conducted a salary survey for the City and has recommended consideration of an adjustment to the assigned salary range of at least 8%-10%. Taking into consideration internal position relationships, staff is proposing to modify the assigned salary range for Planning Manager from Schedule M-30 Range 476 to Schedule M-30 Range 500, increasing the top step salary from $131,843 to $148,617.

DISCUSSION:

The Planning Department falls within the City’s Community Development Department and is staffed with five (5) full time positions and two (2) part time positions as shown in Figure 1.

Council Meeting of: December 4, 2024
Agenda Number: B-5
Figure 1. Planning Department Organizational Chart
The Planning Manager position has been vacant since the prior Planning Manager left in January 2024. The City has utilized the recruiting services of CPS HR Consulting for the recruitment, conducting three (3) rounds of recruiting. The first round netted three (3) potential candidates for interview based on paper screening, of which one (1) was deemed qualified following interviews. Unfortunately, that candidate took employment elsewhere for personal reasons.

Since then, two (2) additional recruitments have been conducted with specific targeted outreach, with no qualified candidates identified. The City is seeking a candidate who has experience as a Senior Planner, ready to promote to a department manager. The candidates submitting application are not qualified for the Planning Manager role; most are current Associate Planners, not Senior Planners. The recruitment currently remains open until filled, however no additional candidates have shown interest.

Following the third round of recruiting, CPS HR gathered salary data for like positions in similar agencies. Additionally, they gathered data on the current pay for Senior Planner positions in surrounding agencies to determine the pay differential should they seek the City’s Planning Manager position as a promotion. This analysis led to a recommendation to adjust the pay range by increasing base salary 8%-10% above current at minimum to achieve market average for salary.

Taking into account the market-based recommendation and overlaying that with existing internal relationships, staff is seeking Council’s direction to adjust the Planning Manager position’s assigned pay range from Schedule M-30 Range 476 to Schedule M-30 Range 500, as shown below. Please note that City salary ranges consist of six (6) steps, typically labeled A through F.

The table represents the top step (F Step) of the salary range to show maximum earnings potential.

Planning
Manager
Senior Planner
(2)
Assistant
Planner
Administrative
Assistant
GIS Technician
Part Time
Intern
Part Time
Table 1. Summary of Current/Proposed Pay, rounded to nearest dollar Senior
Planner
Planning
Manager
Current
Planning
Manager
Proposed
Director of
Community
Development
Base Pay (Bi-weekly) 4,091 5,071 5,716 6,806
Deferred Compensation 172 0 0 0
CalPERS Employer Contribution
paid by Employee 0 -120 -136 -162
Net Pay (Bi-weekly) 4,263 4,951 5,580 6,644
Annual Equivalent 110,883 128,715 145,086 172,753
FINANCIAL IMPACT:

When preparing the annual budget, staff assumed hiring a new Planning Manager at Step C of the salary range. Using Step C for an apples-to-apples comparison with budget, the move to Range 500 would increase the expense to the City for pay and benefits for the whole Fiscal Year approximately $16,360 dollars as shown in Table 2. However, as the City has no candidates in que and the budgeted salary to-date has not been expended, the City will not incur expenses above budget in the current fiscal year, but in future years assuming a candidate is hired. Actual expenses will be determined based on hire date and specific salary step of the new employee and will be included in future budget projections if approved.

Table 2. Financial Impact, rounded to nearest dollar
Budgeted C Step Proposed C Step
Base Salary 115,032 129,657
Medicare 1,668 1,880
CA payroll taxes 2,416 2,723
CalPERS Employer Contribution 9,565 10,781
128,681 145,041
Annual Difference 16,360
ALTERNATIVES:

Council may consider directing staff to consider alternative salary range assignments, either higher or lower than proposed. Additionally, Council may consider directing staff to make no change and continue to seek candidates at the current assigned salary range.

ATTACHMENTS:

1. Resolution
Resolution No.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

MODIFYING THE ASSIGNED SALARY RANGE FOR THE

PLANNING MANAGER POSITION
WHEREAS, the City of Madera (City) has experienced recruitment and retention challenges in employing planning professionals in the role of Planning Manager; and WHEREAS, the City desires to adjust base wages for the unrepresented Planning Manager classification to improve its position in the labor market.

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

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

2. Effective December 4, 2024, the Planning Manager classification is assigned to Range 500 on City of Madera Salary Schedule M-30 as shown in Table 1.

3. This resolution is effective immediately upon adoption. ********************
Table 1. New Salary Range Assignment
Job Title Range
Bi-Weekly Pay Rate

A B C D E F
Planning Manager 500 $4,478.64 $4,702.52 $4,937.42 $5,184.46 $5,443.63 $5,716.03

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: December 4, 2024
Agenda Number: ___________
________________________________
Joseph Hebert, Parks & Community Services Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Madera Elks Lodge Fee Waiver Request for the Annual Hoop Shoot Event RECOMMENDATION:

Adopt a Resolution waiving the rental fees of the John Wells Youth Center on January 4, 2025, related to a Hoop Shoot Contest hosted by the Madera Elks Lodge #1918, at an anticipated fee rental of $500
SUMMARY:

The City has received a request from the Madera Elks Lodge seeking a waiver of rental fees for the use of the John Wells Youth Center (JWYC) to host their annual Hoop Shoot competition. The event is scheduled for Saturday, January 4, 2025, from 8:00 a.m. to 1:30 p.m., inclusive of setup and cleanup time. The Hoop Shoot competition is a longstanding community tradition organized by the Elks Lodge, promoting youth engagement and physical activity.

DISCUSSION:

The Madera Elks Lodge, through their Hoop Shoot Chair, Cynthia Armiento, has submitted a formal request to use the John Wells Youth Center (JWYC) for their annual basketball free throw contest, the Elks National Hoop Shoot. The event is planned for Saturday, December 4, 2025, and aims to foster inclusivity and encourage participation among boys and girls aged 8-13 from diverse backgrounds.

The Elks National Hoop Shoot is a longstanding tradition with over 50 years of history, culminating in national finals held at Wintrust Arena, Chicago. The finals will be live-streamed on the Elks National Foundation’s YouTube and Facebook pages. Locally, the event is free for the public and B-6
will receive support from the Matilda Torres Girls Basketball team, which will assist with scoring and event management.

Additionally, the Madera Elks Lodge provides financial assistance to winners advancing to the next level of the competition. National winners also receive scholarship opportunities, highlighting the event's role in supporting youth development.

This report provides details of the request and its alignment with community engagement and youth development initiatives for City Council’s consideration.

FINANCIAL IMPACT:

The applicable costs associated with the rental of JWYC, with the space as requested, are summarized in Table 1, which would be applicable for this rental. Costs are derived from the City of Madera Master Fee Schedule.

Table 1: Estimated Financial Impact Without Fee Waiver
Administrative Fee $25
Deposit $200
Gym $275
Total $500
The total applicable cost for the JWYC rental would be $500.

ALTERNATIVES:

The Council may elect to reject the fee waiver and require the Elks Lodge to remit any associated fees if they wish to rent JWYC for the Hoop Shoot Contest.

ATTACHMENTS:

1. Resolution – Waiving the rental fees of the John Wells Youth Center on January 4, 2025, related to a Hoop Shoot Contest hosted by the Madera Elks Lodge #1918, at an anticipated fee rental of $500

2. Request Authored by Elks Hoop Shoot Chair, Cynthia Armiento ATTACHMENT 1
Resolution – Waiving the rental fees of the John Wells Youth Center on January 4, 2025, related to a Hoop Shoot Contest hosted by the Madera Elks Lodge #1918, at an anticipated fee rental of $500
RESOLUTION NO. 24-______

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

CALIFORNIA WAIVING THE RENTAL FEES OF THE JOHN WELLS YOUTH CENTER ON JANUARY 4, 2025, RELATED TO A HOOP SHOOT CONTEST HOSTED BY THE MADERA ELKS LODGE #1918, AT AN ANTICIPATED FEE RENTAL OF $500
WHEREAS, the City has received a request for waiving of fees for the rental of the John Wells Youth Center; and
WHEREAS, the request is from the Madera Elks Lodge #1918 (Elks); and WHEREAS, the Elks are looking to host a Hoop Shoot Contest event; and WHEREAS, the request is for rental utilization on Saturday, January 4, 2025, from 8:00 am – 1:30 pm, including setup and cleanup time; and
WHEREAS, the estimated fees for the request are calculated based on the City of Madera Master Fee Schedule; and
WHEREAS, the fees for the event are calculated at $500; and WHEREAS, the Elks are still subject to providing insurance documentation for City facility rentals that meet City requirements.

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 Madera Elks Lodge is a local community organization, and this event provides the opportunity for youth to engage in a national competition that promotes inclusivity, accessibility, fairness, and the spirit of sportsmanship.

3. The City Council does hereby waive the City fees for Rental Fees of the John Wells Youth Center on the date and time identified, subject to confirmation of insurance.

4. This resolution is effective immediately upon adoption. * * * * * *
ATTACHMENT 2
Request Authored by Elks Hoop Shoot Chair, Cynthia Armiento

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: December 4, 2024
Agenda Number: ___________
________________________________
Joseph Hebert, Parks & Community Services Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Fresno-Madera Area Agency on Aging for Fiscal Year 2024-25 for Title lll C1 Congregate Nutrition Program for Older Adults
RECOMMENDATION:

1. Adopt a Resolution Approving a Contract Between the City and the Fresno-Madera Area Agency on Aging (FMAAA) for Fiscal Year (FY) 2024/2025 for the Title lll C1 Congregate Nutrition Program (CNP) for Older Adults, not to exceed $56,000, and Authorize the Mayor to Execute the Contract on Behalf of the City.

2. Adopt a Resolution Amending the City’s FY 2024/25 Operating Budget approving related revenue and expenditure line items related to the execution of the FMAAA FY 2024/2025 Title lll C1 CNP for Older Adults Contract
SUMMARY:

During the last 35 years, the City has partnered with FMAAA to deliver a range of direct services to the City’s senior population. One of the cornerstone programs in this partnership has been the congregate meal program, which has played a pivotal role in providing nutritious meals to qualifying seniors. The longstanding service is a key component of the City’s commitment to supporting the health and well-being of its senior residents, ensuring they have access to essential meals in a friendly and welcoming environment.

Appropriations associated with this service were not included in the FY 2024/25 Operating Budget. As such, a budget amendment is recommended for adoption to recognize the appropriate adequate funding for the service.

B-7
DISCUSSION:

During the last 35 years, the City has partnered with FMAAA to deliver direct services to the City senior population. One of the cornerstone programs in this partnership has been the congregate meal program, which has played a pivotal role in providing nutritious meals to qualifying seniors.

The longstanding service is a key component of the City’s commitment to supporting the health and well-being of its senior residents, ensuring they have access to essential meals in a friendly and welcoming environment.

The partnership was paused after the onset of COVID, where limitations with indoor gatherings, and programming occurred.

FMAAA has contacted the City proposing re-opening the Title lll C1 CNP for Older Adults in the City. This program is funded by the Older American Act Grant (OAA). A total of $56,000 has been approved by the FMAAA’s Governing Board to be allocated for the City as follows:
 Frank Bergon Senior Center: $32,000 maximum expenditure  Pan American Community Center: $24,000 maximum expenditure Executing the contract would entail various tasks and responsibilities to be assumed by City personnel. These include, but would not be limited to:

1. Oversight and responsibility for the day-to-day operations of the CNP meal site concerning meals.

2. Oversight of and responsibility for CNP staff and volunteers, including provision of required program training.

3. Collection of required CNP data from program participants.

4. Keeping records and preparing reports concerning the number of meals ordered and number of meals served.

5. Keeping records of donations.

6. Ensuring the CNP meal site meets all federal, State, and local regulations, including applicable licensing laws and ordinances related to food service operations and sanitation.

Specifically, the funding will support hiring seven part-time staff members to help serve nutritious meals. The meals would be provided five days a week at both senior centers through June 30, 2025, served between 11:30 a.m. to 12:30 p.m. Setup starting at 10:30 a.m. and cleanup concluding by 1:30 p.m. thereafter.

Continuing this partnership will foster the City’s commitment to enhancing the quality of life for seniors, providing them with social and nutrition support.

FINANCIAL IMPACT:

The total value of the contract is not to exceed $56,000. The value of the contract covers staffing costs. As a result, the contract will provide General Fund relief for the activities borne from this contract.

To have adequate appropriations for the nutrition meal program before the target start date, January 2025, the expenses and revenue generated from the contract will need an amendment to the Fiscal Year 2024/2025 Operating Budget, specifically in the Parks Grants Fund #4109-6362.

The City is solely responsible for providing staff to cover the program's objectives, with FMAAA to provide all meals and transportation/delivery of the meals to each center. The contract amount of $56,000 is intended to cover the costs for staff for the two centers. Each center falls within a pre-designated tier system, that FMAAA used to calculate the maximum allowable expenditure amount per center. As indicated in Table 1 below, the Frank Bergon Senior Center is budgeted to cover the cost of 4 staff members, while the Pan American Community Center is budgeted to cover the cost of 3 staff members.

Table 1: FMAAA FY 2024/2025 Nutrition Meal Program
Item Amount
Staffing – (4) Program Leaders – Frank Bergon $32.000
Staffing – (3) Program Leaders – Pan-American $24,000
Total $56,000
ATTACHMENTS:

1. Resolution Approving a Contract Between the City of Madera and the Fresno-Madera Area Agency on Aging (FMAAA) for Fiscal Year (FY) 2024/2025 for the Title lll C1 Congregate Nutrition Program for Older Adults, not to exceed $56,000, and Authorize the Mayor to Execute the Contract on Behalf of the City. a. Exhibit A: Contract No. 25-0147

2. Resolution Amending the City’s FY 2024/25 Operating Budget approving related revenue and expenditure line items related to the execution of the FMAAA FY 2024/2025 Title lll C1 Congregate Nutrition Program for Older Adults Contract a. Exhibit A: Budget Amendment
ATTACHMENT 1
Resolution Approving a Contract Between the City of Madera and the Fresno-Madera Area Agency on Aging (FMAAA) for Fiscal Year (FY) 2024/2025 for the Title lll C1 Congregate Nutrition Program for Older Adults, not to exceed $56,000, and Authorize the Mayor to Execute the Contract on Behalf of the City
RESOLUTION NO. 24-_____

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

CALIFORNIA APPROVING A CONTRACT BETWEEN THE CITY OF MADERA

AND THE FRESNO-MADERA AREA AGENCY ON AGING (FMAAA) FOR
FISCAL YEAR (FY) 2024/2025 FOR THE TITLE III C1 CONGREGATE NUTRITION PROGRAM FOR OLDER ADULTS, NOT TO EXCEED $56,000,

AND AUTHORIZE THE MAYOR TO EXECUTE THE CONTRACT ON BEHALF OF

THE CITY
WHEREAS, the City of Madera has a long-standing partnership with FMAAA, providing nutrition servicesto older adult citizens at the Frank Bergon Senior Center and the Pan-American Community Center; and
WHEREAS, FMAAA has contacted the City, to re-open the Title lll C1 Congregate Nutrition Program for Older Adults; and
WHEREAS, for which, FMAAA’s Governing Board has approved an award to the City not to exceed $56,000; and
WHEREAS, the funds cannot go past the contract’s end date of June 30, 2025; and WHEREAS, the programming would take place at the Frank Bergon Senior Center and the Pan American Community Center; and
WHEREAS, the City would be responsible for providing staff to accomplish the goals of the program and abide by all program requirements.

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

1. The above recitals are true and correct.

2. The Fresno-Madera Area Agency on Aging Contract for Fiscal Year 2024/2025 Title lll C1 Congregate Nutrition Program for Older Adults, not to exceed $56,000.00, attached hereto as Exhibit A, is hereby approved.

3. This Resolution is effective immediately upon adoption. * * * * * * * *
Exhibit A: Contract No. 25-0147

Resolution Amending the City’s FY 2024/25 Operating Budget approving related revenue and expenditure line items related to the execution of the FMAAA FY 2024/2025 Title lll C1 Congregate Nutrition Program for Older Adults Contract
ATTACHMENT 2

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA AMENDING THE FISCAL YEAR 2024/25 OPERATING BUDGET APPROVING

RELATED REVENUE AND EXPENDITURE LINE ITEMS RELATED TO SENIOR SITE MANAGEMENT

AGREEMENT BETWEEN FRESNO-MADERA AREA AGENCY ON AGING AND THE CITY OF MADERA
WHEREAS, the City Council previously approved Operating City-wide Budget for 2024/25 Fiscal Year; and
WHEREAS, the Fresno-Madera Area Agency on Aging (FMAAA) has prepared a contract which will provide the City $56,000.00 towards a senior services nutrition meal program; and WHEREAS, an amendment to the City’s Adopted Budget for the 2024/25 Fiscal Year, listed in Exhibit A, attached hereto, is necessary to account for related revenue and expenditures pertaining to the execution of the contract.

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

1. The above recitals are true and correct.

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

3. A signed copy of this Resolution shall be placed on file in the office of the Director of Financial Services, who shall prepare the entries necessary to reflect budget changes identified in the City's accounting system.

4. This Resolution is effective immediately upon adoption. *****
RESOLUTION NO. 24 - ____

ORG OBJECT
FUND CODE CODE DESCRIPTION (+) (-)
Parks Grant Fund 41096362 4683 Program Revenue $ 56,000 41096360 5005 Salaries/Part Time 56,000
$ 56,000 $ 56,000

EXHIBIT A

CITY OF MADERA
Budget Appropriations: Res. 24-______
Budget Adjustments for Fiscal Year 2024/25
1 REPORT TO CITY COUNCIL
Approved by: Council Meeting of: December 4, 2024
Agenda Number: ___________
________________________________
Joseph Hebert, Parks & Community Services Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Consideration of California Conservation Corps (CCC) Sponsor Agreements RECOMMENDATION:

1. Adopt a Resolution Approving an Agreement with the California Conservation Corps for the Performance of Tree Trimming for Project Number P-24-2653-14067

2. Adopt a Resolution Approving an Agreement with the California Conservation Corps for the Performance of Landscape Maintenance for Project Number P-24-2652-14383 SUMMARY:

On November 20, 2024, the City Council (Council) approved a Sponsor Agreement with the California Conservation Corps (CCC) to provide the City with essential manpower for managing vegetation and brush growth along and around the Fresno River. Since that time, the City and the CCC have continued to explore additional opportunities for collaboration. As a result, two new projects have been identified where the CCC has confirmed their ability to assist, citywide tree trimming and landscape maintenance services. These expanded efforts will enhance the City’s ability to maintain its public spaces efficiently and effectively.

DISCUSSION:

The CCC, a State organization dedicated to conservation and emergency response, actively supports habitat restoration and disaster recovery. The CCC is a department within the California Natural Resources Agency and is the oldest and largest conservation corps in the nation.

The CCC program provides young adults 18 – 25 years old a year of paid service to the State of California. During their year of service, Corpsmembers work on environmental projects and B-8
respond to natural and man-made disasters. Through this work, they gain skills and experience that may lead to meaningful careers.

Under the proposed Sponsor Agreements for tree trimming and landscape maintenance services, the CCC would provide support citywide. Each agreement would remain in effect until June 30, 2025. During this time, the CC would assign crews, as requested by the City to assist with special projects related with tree trimming and landscape maintenance. Several benefits of partnering with the CCC for these services may include:

Cost-Effective Services
 Direct costs to the City are nominal because Corpsmembers are part of a State-funded program focused on workforce development.

Environmentally Focused Expertise
 The CCC prioritizes conservation and environmental stewardship, ensuring that tree trimming and landscaping are performed with minimal environmental impact.  Their expertise in preserving native species and enhancing biodiversity supports the City’s sustainability goals.

Workforce Development and Community Investment
 The CCC program offers job training, educational opportunities, and valuable work experience to young adults.
 Demonstrates the City’s commitment to fostering workforce development and empowering youth in the community.

As with the previously approved agreement for Fresno River cleanup services, the City’s financial obligations under these agreements would be limited to material costs and minimal labor expenses, if needed. This partnership continues to align with the City’s goals for fiscal responsibility and enhanced service delivery.

FINANCIAL IMPACT:

The City will contribute no more than $5,000 for each agreement. This cost will cover miscellaneous equipment and employee costs. These funds will be provided out of the Parks Maintenance budget, #10206100-6610 Contingency.

ALTERNATIVES:

As an alternative, the Council may also elect to request additional information be brought forth at the next meeting to make a more informed decision. Council may also elect to not enter into the Sponsor Agreements with the CCC for tree trimming and landscape maintenance services.

ATTACHMENTS:

1. Adopt a Resolution Approving an Agreement with the California Conservation Corps for the Performance of Tree Trimming for Project Number P-24-2653-14067 a. Exhibit A: Project Number P-24-2653-14067 Sponsor Agreement

2. Adopt a Resolution Approving an Agreement with the California Conservation Corps for the Performance of Landscape Maintenance for Project Number P-24-2652-14383 a. Exhibit A: Project Number P-24-2652-14383 Sponsor Agreement RESOLUTION NO. 24- ______

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

CALIFORNIA APPROVING AN AGREEMENT WITH THE CALIFORNIA

CONSERVATION CORPS FOR THE PERFORMANCE OF TREE TRIMMING FOR PROJECT NUMBER P-24-2653-14067
WHEREAS, the City of Madera (City) has been requested to enter into a Sponsor Agreement with the California Conservation Corps (CCC); and WHEREAS, the CCC is the oldest and largest conservation corps in the country and develops thousands of young men and women into citizens with character, credentials, and commitment; and
WHEREAS, the City needs servicesto assist with citywide tree trimming; and WHEREAS, the CCC offers services on work projects to public agencies such as the City; and
WHEREAS, the City and CCC wish to collaborate on a mutually beneficial citywide tree trimming project through June 30, 2025.

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

1. The above recitals are true and correct.

2. The City Council approvesthe Sponsor Agreement for Project Number P-24-2653- 14067 between the City and California Conservation Corps attached as Exhibit A.

3. This resolution is effective immediately upon adoption. * * * * * *
Exhibit A: Project Number P-24-2653-14067 Sponsor Agreement

RESOLUTION NO. 24- _______

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

APPROVING AN AGREEMENT WITH THE CALIFORNIA CONSERVATION CORPS FOR THE PERFORMANCE OF TREE TRIMMING FOR PROJECT NUMBER P-24- 2652-14383
WHEREAS, the City of Madera (City) has been requested to enter into a Sponsor Agreement with the California Conservation Corps (CCC); and WHEREAS, the CCC is the oldest and largest conservation corps in the country and develops thousands of young men and women into citizens with character, credentials, and commitment; and
WHEREAS, the City needs servicesto assist with citywide landscape maintenance services; and
WHEREAS, the CCC offers services on work projects to public agencies such as the City; and
WHEREAS, the City and CCC wish to collaborate on a mutually beneficial citywide landscape maintenance project through June 30, 2025.

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

1. The above recitals are true and correct.

2. The City Council approvesthe Sponsor Agreement for Project Number P-24-2652- 14383 between the City and California Conservation Corps attached as Exhibit A.

3. This resolution is effective immediately upon adoption. * * * *
Exhibit A: Project Number P-24-2652-14383 Sponsor Agreement

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: December 4, 2024
_________________________________ Agenda Number: ___________ Keith Helmuth, P.E., Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
2024 Supplemental Carbon Reduction Program (CRP) Call for Projects RECOMMENDATION:

Adopt a Resolution approving a project to be nominated for federal transportation funding under the 2024 Supplemental CRP Call for Projects and supporting the implementation of Assembly Bill 1012, “Timely Use of Funding” for Federal Funding of projects SUMMARY:

The City can apply for federal funding under the 2024 Supplemental Carbon Reduction Program (CRP) Call for Projects to support transportation initiatives that reduce emissions by developing carbon reduction strategies. A total of $486,532 in CRP funding is available for Madera County.

Eligible applicants include the cities of Madera and Chowchilla and the County of Madera, with a minimum local matching of 11.47 percent required. The total project is estimated to cost $550,000. The local match is $63,468.

Given the limited funding available, staff recommends proposing installing sidewalks on both sides of the road from Sunset Avenue south to 4th Street. A Union Pacific Railroad (UPRR) spur line prevents extending further south.

DISCUSSION:

The Carbon Reduction Program (CRP) is a federal funding program created through the Infrastructure Investment and Jobs Act (IIJA). CRP was created to reduce transportation emissions by developing State carbon reduction strategies and funding projects designed to reduce transportation emissions. The Madera County Transportation Commission, acting in its role as a Metropolitan Planning Organization (MPO), is in the process of programming Federal transportation revenues that come to the Madera region.

B-9
CRP funds must be used on projects that will reduce vehicle emissions, generally defined as a reduction in Carbon Monoxide (CO), ozone precursors, or Particulate Matter (PM) that is 2.5 micrometers or less in diameter. Projects that add capacity for Single Occupancy Vehicles (SOVs) or are for routine maintenance and rehabilitation are not eligible for CRP funding. Nominated projects must also demonstrate their cost-effectiveness in terms of cost per pound and ton of emissions reduced.

Projects nominated for this round of CRP funding must also fall under one of the categories of the State of California’s Carbon Reduction Strategy. The project proposed by staff meets the criteria of separating motor vehicles from pedestrians and bicyclists, currently rated as the highest priority of eligible activities.

Assembly Bill (AB) 1012, enacted on October 10, 1999, requires that federal funds be used in a timely manner, “use it or lose it”. Each application for CRP funds is subject to a formal resolution from the agency’s governing board stating that each project will meet established project delivery schedules and that staff will be directed to ensure the timely delivery of the projects.

The last day MCTC will accept project applications for this Grant program is December 20, 2024.

Given the limited amount of funding for this supplemental call for projects, staff is only recommending one project to be submitted:
 Pine Street from Sunset Avenue to 4th Street - Install sidewalk on both sides from Sunset Avenue south to 4th Street. A Union Pacific Railroad (UPRR) spur line prevents extending further south.

FINANCIAL IMPACT:

The City is obligated to provide the local funding match as shown in Exhibit “A” for the nominated project. Matching funds are proposed to be allocated from Measure T funds. No impact on the General Fund is anticipated.

ALTERNATIVES:

An alternate project could be proposed by Council. The project would need to be vetted for eligibility and feasibility. Staff felt the proposed project best met the goals and requirements for the CRP program. Should the resolution not be approved, the City will be unable to submit any projects for CRP funding.

ATTACHMENTS:

1. Resolution
a. Exhibit A - Project List
Attachment 1
Resolution
RESOLUTION NO. 24-_____

RESOLUTION OF THE COUNCIL OF THE CITY OF MADERA, CALIFORNIA, SUPPORTING IMPLEMENTATION OF AB 1012 “TIMELY USE OF FUNDING”

REQUIREMENTS, APPROVING PROPOSED PROJECT FOR FEDERAL
TRANSPORTATION FUNDING UNDER THE 2024 SUPPLEMENTAL CRP CALL

FOR PROJECTS, AND AUTHORIZING THE CITY ENGINEER TO SUBMIT THE

PROJECT APPLICATION TO THE MADERA COUNTY TRANSPORTATION

COMMISSION
WHEREAS, Carbon Reduction Program (CRP) funds are allocated by the Madera County Transportation Commission (MCTC) pursuant to the Infrastructure Investment and Jobs Act (IIJA) for Users to receive CRP funds; and
WHEREAS, the MCTC has issued a 2024 Supplemental CRP Call for Projects for local agencies and private/public partnerships; and
WHEREAS, local matching funds in the amount of 11.47% of the project cost will be provided by the City of Madera as required to receive CRP funds; and WHEREAS, AB 1012 has been enacted into State law in part to provide for the “timely use” of Federal and State funding; and
WHEREAS, the City of Madera is able to apply for and receive Federal and State funding under Federal transportation legislation; and
WHEREAS, the City of Madera desires to ensure that its projects are delivered in a timely manner to preclude the Madera Region from losing those funds for non-delivery; and WHEREAS, it is understood by the City of Madera that failure for not meeting project delivery dates for any phase of a project may jeopardize Federal or State funding to the Region.

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

1. The above recitals are true and correct.

2. The City of Madera hereby agrees to ensure that all project delivery deadlines for all project phases will be met or exceeded.

3. The City of Madera understands that failure to meet project delivery deadlines may be deemed as sufficient cause for the Madera County Transportation Commission Policy Board to terminate an agency’s project and reprogram Federal/State funds as deemed necessary.

4. The City of Madera directs its management and engineering staffs to ensure all CRP projects are carried out in a timely manner as per the requirements of AB 1012 and the directive of the City Council of the City of Madera.

5. The project nominated for the 2024 Supplemental CRP Call for Project funds allocated by the MCTC is attached hereto and incorporated by reference as Exhibit “A” is approved for submission.

6. The City Engineer is authorized to submit the project application to the Madera County Transportation Commission for review, prioritizing and funding approval.

7. This resolution is effective immediately upon adoption. * * * * * * * * * * *
Exhibit A
PROJECT LIST FOR THE 2024 SUPPLEMENTAL CRP CALL FOR PROJECTS Project Description
Projected Cost
Effectiveness
($/lb. reduced) *
CRP (Max

88. 53%)
Local Match
(Min 11. 47%) Total
Pedestrian Facilities – Pine Street, Sunset
Ave to Fourth Street $495.22 $486,532 $63,468 $550,000
* As calculated at time of report. May be revised higher or lower with updated technical information on the estimated emission reductions.

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: December 4, 2024
Agenda Number: ___________
________________________________
Joseph Hebert, Parks & Community Services Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Madera High School Athletics Department Fee Waiver Request for the Freshman/Junior Varsity Girls Basketball Tournament
RECOMMENDATION:

Adopt a Resolution waiving the rental fees of the John Wells Youth Center Gym on December 13 and 14 for a Freshman/Junior Varsity Girls Basketball Tournament hosted by the Madera High School Athletic Department (MHS) at an anticipated fee rental of $935.00 SUMMARY:

The City received a request from MHS requesting waiving rental fees for using the John Wells Youth Center (JWYC) Gym to host a Freshman/Junior Varsity Girls Basketball Tournament. The event will take place on Friday, December 13 and 14, from 7:30 am – 3:30 pm, including setup and cleanup time. A total of 10 games are scheduled.

DISCUSSION:

MHS has submitted a request in writing to use JWYC Gym to host a Freshman/Junior Varsity Girls Basketball Tournament. The request is to utilize the JWYC Gym on Friday, December 13, 2024, and Saturday, December 14, 2024, from 7:30 am – 3:30 pm.

Per the information, MHS would host the tournament by playing 10 games. Each game is expected to run about 45 minutes long. An award ceremony will be held at the end of the final game. The teams ranked 1st place through 3rd place will be presented with awards.

On the written request submitted by MHS, it is noted a $5.00 admission fee will be charged to attendees, with an estimated 100 people expected. MHS will also be setting up a simple B-10
concession snack bar, making items available for purchase. Items such as chips, candies, and drinks.

FINANCIAL IMPACT:

The applicable costs associated with the rental of JWYC Gym, with the space as requested, are summarized in Table 1, which would be applicable for this rental. Costs are derived from the City of Madera Master Fee Schedule.

Table 1: Estimated Financial Impact Without Fee Waiver
Administrative Fee $25
Deposit $200
Early Access Fee $120
Gym on 12/13/2024 – Full-Day Rental $295
Gym on 12/14/2024 – Full-Day Rental $295
Total $935
The total applicable cost for the rental of the JWYC Gym would be $935.

ALTERNATIVES:

The Council may elect to reject the fee waiver and require the Madera High School Athletic Department to remit any associated fees if they wish to rent the JWYC Gym for the Freshman/Junior Varsity Girls Basketball Tournament scheduled for December 13, 2024, and December 14, 2024.

ATTACHMENTS:

1. Resolution – Waiving the rental fees of the John Wells Youth Center Gym on December 13, 2024, and December 14, 2024, related to a Freshman/Junior Varsity Girls Basketball Tournament hosted by the Madera High School Athletic Department, at an anticipated fee rental of $935.00

2. Request Authored by Madera High School Athletic Director, John Fernandez ATTACHMENT 1
Resolution – Waiving the rental fees of the John Wells Youth Center Gym on December 13, 2024, and December 14, 2024, related to a Freshman/Junior Varsity Girls Basketball Tournament hosted by the Madera High School Athletic Department, at an anticipated fee rental of $935.00
RESOLUTION NO. 24-______

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

CALIFORNIA WAIVING THE RENTAL FEES OF THE JOHN WELLS YOUTH CENTER GYM ON DECEMBER 13, 2024, AND DECEMBER 14, 2024,

RELATED TO A FRESHMAN/JUNIOR VARSITY GIRLS BASKETBALL

TOURNAMENT HOSTED BY THE MADERA HIGH SCHOOL ATHLETIC
DEPARTMENT, AT AN ANTICIPATED FEE RENTAL OF $935.00
WHEREAS, the City has received a request for waiving of fees for the rental of the John Wells Youth Center; and
WHEREAS, the request is from the Madera High School Athletic Department (MHS); and WHEREAS, MHS islooking to host a Freshman/Junior Varsity Girls Basketball Tournament; and
WHEREAS, the request is for rental utilization of the JWYC Gym on December 13, 2024, and December 14, 2024, from 7:30 am – 3:30 pm on each day, including setup and cleanup time; and
WHEREAS, the estimated fees for the request are calculated based on the City of Madera Master Fee Schedule; and
WHEREAS, the fees for the event are calculated at $935; and WHEREAS, MHS is still subject to providing insurance documentation for City facility rentals that meet City requirements.

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 Madera High School Athletic Department’s Freshman/Junior Varsity Girls Basketball Tournament provides the opportunity for youth to engage in competition and supports the spirit of sportsmanship while promoting local athletes and community sports.

3. The City Council does hereby waive the City fees for Rental Fees of the John Wells Youth Center Gym on the dates and times identified, subject to confirmation of insurance.

4. This resolution is effective immediately upon adoption. * * * * * *
ATTACHMENT 2
Request Authored by Madera High School Athletic Director, John Fernandez 200 South “L” Street, Madera, CA 93637 • (559)675-4444 • Fax (559)675-4667 • [email protected] John Fernandez, Athletic Director
11/25/2024
Attn: John W. Wells Youth Center,
On the dates of Friday, 12/13/24 and Saturday, 12/14/24 MHS will be participating in F/JV Girls Basketball tournaments from 8 am to 3:00 pm. We are requesting the basketball gym at the Youth Center. We will be playing (10 teams), each game should be 45 min long. At the end of the final game, awards will be given to the (1st – 3rd) place winners. There will be an admission charge of $5.00 with an estimated attendance of 100 people throughout the games. A simple snack bar will be open for purchase of chips, candies and drinks.

Sincerely,
MHS Athletics Department

MADERA UNIFIED

SCHOOL DISTRICT
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REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: December 4, 2024
Agenda Number: D-1
Keith Helmuth, City Engineer
Arnoldo Rodriguez, City Manager
SUBJECT:
2024 Wastewater Treatment Plant Improvements Project WWTP 24-01 RECOMMENDATION:

Adopt a Resolution:

1. Adopting a Class 1 (Existing Facilities) and Class 2 (Replacement and Reconstruction) Categorical Exemption under California Environmental Quality Act (CEQA) Guidelines Section 15301 and 15302; and

2. Approving the contract award for the 2024 Wastewater Treatment Plant Improvements Project WWTP 24-01 for $8,738,195 to Gateway Pacific Contractors; and

3. Authorizing a contingency of 15 percent of the contract amount.

SUMMARY:

On February 2, 2024, the City Council (Council) approved a Consultant Services Agreement with Stantec Consulting Engineers, Inc. (Consultant) for design of improvements at the Wastewater Treatment Plant (WWTP) as part of a professional engineering services contract. The work included Pump Station Wet Well Inspection, Headworks Screening Replacement, air scrubber units, Septage Receiving Station Relocation, Digestor Cover Coating and Tank Cleaning. The Consultant prepared engineered construction plans and specifications for the purposes of upgrading the wastewater plant
On October 5, 2024, the construction plans and specifications were released for public bidding through the City’s Website portal, PlanetBids. An Advertisement for Bid was placed in the Madera Tribune on October 5, 2024. The City received four bids on November 15, 2024.

Gateway Pacific Contractors, Inc. (Gateway) submitted the lowest, responsive and responsible bid in the amount of $8,738,195. The Fiscal Year (FY) 2024/25 Capital Projects Budget includes funding for the Project, which includes American Rescue Plan Act (ARPA) designated funds.

BACKGROUND:

The City owns and operates the WWTP and is regulated by Waste Discharge Requirement Order No. R5-22022-0074. The plant treats an existing flow of approximately 5.15 MGD (million gallons per day) and has a design capacity to treat 10.1 MGD for future growth. The plant is currently permitted to treat 7.0 MGD, monthly average dry weather. Much of the treatment plant infrastructure was built in the 1970’s. Although some equipment has been replaced during the 2006 expansion project and the 2019 Rehabilitation Project, there are still many assets that were installed nearly 50 years ago and have reached their life expectancy.

In September 2023, AM Consulting Engineers (AMCE) prepared a technical memorandum summarizing and prioritizing recommended improvements identified in previous studies. AMCE provided preliminary budgetary figures and drafted the scope of services for a request for proposals (RFP) for design and engineering services that was issued in November 2023.

On February 7, 2024, the City approved an engineering services agreement with the Consultant to design the WWTP Improvements Project that replaces and repairs aging infrastructure. In May 2024 following several on-site and virtual meetings with Engineering and Public Works staff, the Consultant provided a Scope of Work with a very compressed design schedule to meet the deadline of awarding a contract before December 31, 2024 as required by the ARPA. The Scope of Work included a Basis of Design Report that served as 30 percent preliminary engineering and concept drawings for a project including the following improvements:
 Influent Pump Station Wet Well Inspection.
 Headworks Screening Replacement, including concrete channels, air scrubber unit, electrical, instrumentation and piping.
 Relocated Septic Receiving Station
 Digestor Cover Coating and Tank Cleaning
DISCUSSION:

The following discussion describes in greater detail the basis for the project and specific details on certain components.

The Influent Pump Station (IPS) wet well receives raw sewage from the City’s collection system and distributes flow to the influent pumps. During the 2006 WWTP Expansion Project, the general contractor (Western Water) inspected the wet well and found severe concrete and rebar corrosion. The concrete spalling and rebar deterioration is now significant. As such, it now warrantsfurther inspection and action. The roof on the wet well houses the headworks screening units. The significance of the damage to the concrete in the headworks necessitates the relocation of the screening units to another area of the plant. A manhole used by the septic haulers will be moved upstream of the new screening area to allow the septic hauler trucks to dump upstream of the new screens. Currently, septic haulers are dumping directly into the wet well.

Early in the construction phase, the contractor is tasked to investigate the existing condition of the IPS wet well by providing bypass pumping of the headworks so the wet well can be drained and fully examined. This information will be used to identify the scope of necessary repairs and rehabilitation to be performed either as part of this project or as separate capital improvement project.

The WWTP has three active digestor units, Digestor Nos. 1, 2, and 3. Digestors 1 and 2 were installed in 1970. Digestor 3 was installed in 2005. WWTP staff noted frequent failures of the digestors this past year. Each digestor cover is corroded leaving the units vulnerable to gas leaks.

Operators frequently walk on the covers and there are concerns as to the integrity of the covers.

All three digestors will be pumped clean of effluent sludge, the digestor covers will be sandblasted to remove rust and repainted. Although not ideal, should the bids comes in higher than anticipated, cleaning and recoating of the digestors could be removed from the contract work through deductive bid alternates starting with removal of the newest digester, Digestor 3, and then Digestor 2 and lastly Digestor 1. Incorporating any of said deductive bid alternates is not recommended.

SITUATION:

On October 5, 2024, the City released the project for public bidding on the Planet Bids web portal.

Also, a “Notice Inviting Bids” was duly published in the Madera Tribune Newspaper on October 5, 2024 and again on October 12, 2024.

On November 15, 2024, four bids were received. The bids were checked for accuracy against bidding requirements, validity of licenses, and bid security. Table 1 presents a summary of the bids received.

The Bid Forms included three deductive bid items to be considered in alphanumeric order should the Total Base Bid exceed the budget. The stated budget at time of bid opening was $9,100,000 equal to the engineer’s estimate. Because the Total Base Bid was lower than the stated budget, and the lowest bid was found to be responsive and responsible, the successful bidder bids was determined based on Total Base Bid not including deductive items.

Table 1: Bid Overview
Bidder Total Base Bid

1. Gateway Pacific Contractors, Inc. $8,738,195

2. W.M. Lyles $9,660,700

3. Clark Brothers $10,100,000

4. Western Water $10,773,000
Engineer’s Opinion of Cost $9,100,000
Gateway submitted the lowest, responsive, and responsible bid that meets the contract requirements and is therefore recommended for award.

Staff performed a preliminary environmental assessment of this project and determined that it falls within the Class 2 Categorical Exemption (Replacement or Reconstruction) set forth in California Environmental Quality Act (CEQA) Guidelines section 15302, as this contract is for the replacement and rehabilitation of existing wastewater related plant equipment on the existing WWTP site. There will be no expansion of existing facilities or change in use. None of the exceptions to the Categorical Exemptions set forth in CEQA Guidelines section 15300.2 apply to this project. That is to say, there are no known potential impacts as defined by the CEQA Guidelines in section 15300. As such, staff recommends that Council adopt a Class 2 Categorical Exemption for this project.

FINANCIAL IMPACT:

There is no fiscal impact on the City’s General Fund. The project is funded with ARPA funds and Sewer Capital Outlay funds in the Sewer Enterprise Fund Account.

The recommended project budget includes the construction bid amount of $8,738,195; a 15 percent (15%) contingency as approved by the City Engineer; plus an allowance of $300,000 for various construction management, administration, testing and inspection services. The project budget is outlined in Table 2.

Table 2: Project Budget
Line Item Amount
Gateway Pacific Constructors, Inc Contract $8,738,195
Project Contingency $1,310,729
Various Construction Administration Related Costs $300,000 Total Project Budget $10,348,924
ALTERNATIVES:

1. Council could award the contract considering the Deductive Bid Items A, A and B, or A, B and C which would remove cleaning and recoating of Digester 3 from the contract, then remove Digesters 2 and lastly Digester 1. However, this is not recommended given the operational and safety concerns expressed by WWTP staff.

2. Reject all bids. Rebidding the project adds financial and operational risk by potentially increasing the construction cost and delay in construction. Additionally, the ARPA funding has specific deadlines for encumbering the funds of December 31, 2024. If the City is unable to obligate these funds via other projects, a portion of the ARPA funds could be lost.

ATTACHMENTS:

1. Resolution approving Contract
a. Exhibit A – Agreement
Attachment 1
Resolution
RESOLUTION NO. 24-

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

CALIFORNIA APPROVING THE CONTRACT AWARD FOR THE WASTEWATER TREATMENT PLANT IMPROVEMENT PROJECT, CITY PROJECT WWTP 24-01 IN THE AMOUNT OF $8,738,195 TO GATEWAY PACIFIC CONTRACTORS, INC. AND ADOPTING A CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CLASS 1 (EXISTING FACILITIES) AND CLASS 2 (REPLACEMENT OR

RECONSTRUCTION) CATEGORICAL EXEMPTION
WHEREAS, on October 5, 2024, the City of Madera (City) Engineering Department advertised a solicitation for construction bids for the 2024 Wastewater Treatment Plant Improvements Project WWTP 24-01 hereinafter referred to as “the Project”;and WHEREAS, four sealed bids were received on November 15, 2024, and opened by the City Engineer; and
WHEREAS, Gateway Pacific Contractors, Inc. was selected as the lowest responsive and responsible bidder; and
WHEREAS, Project is programmed in the Capital Improvement Projects Budget for Fiscal Year 2024/25 under CIP Project WWTP 24-01 using American Rescue Plan Act (ARPA) funds and Sewer Capital Outlay funds; and
WHEREAS, the City has performed a preliminary environmental assessment of the Project and has determined that a Class 1 and Class 2 Categorical Exemption set forth in the CEQA Guidelines, Sections 14301 and 14302, applies to the Project.

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

1. The above recitals are true and correct.

2. The City Council finds and determines that a Class 1 Categorical Exemption (Existing Facilities) and Class 2 Categorical Exemption (Replacement or Reconstruction) set forth in CEQA Guidelines Section 15301 and 15302 apply to the Project, as the Project repairs, provides rehabilitation and reconstruction of existing sewer collection and treatment facilities involving negligible or no expansion to those facilities beyond that existing at the time of the City’s determination. Further, none of the exceptions to Categorical Exemptions set forth in CEQA Guidelines 15300.2 apply to the Project.

3. The City Council (Council) has reviewed and considered all of the information presented including the report to Council from the Engineering Department.

4. The City Council finds that Gateway Pacific Contractors, Inc. is the lowest responsible and responsive bidder.

5. The Agreement for the Project in the Amount of $8,738,195 to Gateway Pacific Contractors, a copy of which is attached hereto as Exhibit A and referred to for particulars, is approved. The City Manager is authorized to make any non-material modifications to the Agreement, subject to approval as to legal form by the City Attorney.

6. Council authorizes Construction Contingencies of up to 15 percent as approved by the City Engineer.

7. This Resolution is effective immediately upon adoption. *******
Exhibit A
Agreement
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STANTEC – SEPTEMBER 2024 – FINAL BID SET AGREEMENT B/W OWN&CNTR 184031811 – CITY OF MADERA FOR CONST CONTRACT
2024 WWTP IMPROVEMENTS PROJECT PAGE 00 52 00 - 1
SECTION 00 52 00

AGREEMENT BETWEEN OWNER AND CONTRACTOR

FOR CONSTRUCTION CONTRACT
This Agreement is by and between the City of Madera (“Owner”) and Gateway Pacific Contractors, Inc. (“Contractor”).

Terms used in this Agreement have the meanings stated in the General Conditions and the Supplementary Conditions.

Owner and Contractor hereby agree as follows:

ARTICLE 1—WORK

1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows:

A. Construction of a new screening facility, including influent and effluent pipelines and manholes, a new septage receiving manhole, an odor control facility, demolition of the existing screening equipment, inspection of the existing influent pump station (during bypass pumping), cleaning of existing digesters and recoating digester covers, miscellaneous yard piping, grading and paving, electrical and instrumentation, and appurtenant work.

ARTICLE 2—THE PROJECT

2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows the Madera Wastewater Treatment Plant 2024 Improvements Project, WWTP 24-01 ARTICLE 3—ENGINEER

3.01 The Owner has retained Stantec Consulting Services Inc. (“Engineer”) to act as Owner’s representative, assume all duties and responsibilities of Engineer, and have the rights and authority assigned to Engineer in the Contract.

3.02 The part of the Project that pertains to the Work has been designed by Engineer.

ARTICLE 4—CONTRACT TIMES

4.01 Time is of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.

4.03 Contract Times: Days
A. The Work will be substantially complete within the following number of calendar days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the Copyright © 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

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General Conditions, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within the following number of calendar days after the date when the Contract Times commence to run.

Description Calendar Days
Substantial Completion of all Work 650
Final Completion of all Work 730
B. Substantial Completion: Shall include installation, testing, startup and training for all work.

Work including all structures, facilities, equipment and ancillary items including, but not limited to, installing new screening facility and odor control facilities, site grading and paving, yard piping, electrical and instrumentation. For the startup of facilities and all associated equipment, it is not required to complete the thirty-day demonstration period (as defined in specification section 01 75 00) prior to Substantial Completion, all other startup services must be completed. The demonstration period shall be completed successfully prior to Final Acceptance, in accordance with Section 01 75 00 and 01 14 00.

D. Final Completion: Shall include all other Work that is identified as incomplete or defective in the Final Inspection letter from the Owner in accordance with the requirements in the General Conditions.

4.05 Liquidated Damages
A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the Contract Times, as duly modified. The parties also recognize the delays, expense, and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by Owner if the Work is not completed on time.

Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty):

1. Milestones: Contractor shall pay Owner $2,000 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified above for achievement of Milestone 1, until Milestone 1 is achieved, or until the time specified for Substantial Completion is reached, at which time the rate indicated in Paragraph 4.05.A.2 will apply, rather than the Milestone rate.

2. Substantial Completion: Contractor shall pay Owner $3,000 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified above for Substantial Completion, until the Work is substantially complete.

3. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $2,000 for each day that expires after such time until the Work is completed and ready for final payment.

Copyright © 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

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2024 WWTP IMPROVEMENTS PROJECT PAGE 00 52 00 - 3

4. Liquidated damages for failing to timely attain Milestones, Substantial Completion, and final completion are not additive, and will not be imposed concurrently.

B. If Owner recovers liquidated damages for a delay in completion by Contractor, then such liquidated damages are Owner’s sole and exclusive remedy for such delay, and Owner is precluded from recovering any other damages, whether actual, direct, excess, or consequential, for such delay, except for special damages (if any) specified in this Agreement.

ARTICLE 5—CONTRACT PRICE

5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents, the amounts that follow, subject to adjustment under the Contract:

A. For all Work, a lump sum of $ 8,738,195.00.

All specific cash allowances are included in the above price in accordance with Paragraph 13.02 of the General Conditions.

ARTICLE 6—PAYMENT PROCEDURES

6.01 Submittal and Processing of Payments
A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions.

6.02 Progress Payments; Retainage
A. Owner shall make progress payments on the basis of Contractor’s Applications for Payment on or about the 30th day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract.

1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract. a. 95 percent of the value of the Work completed (with the balance being retainage). b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage).

B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 200 percent of Engineer’s estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment.

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6.03 Final Payment
A. Upon final completion and acceptance of the Work, Owner shall pay the remainder of the Contract Price in accordance with Paragraph 15.06 of the General Conditions.

6.04 Consent of Surety
A. Owner will not make final payment, or return or release retainage at Substantial Completion or any other time, unless Contractor submits written consent of the surety to such payment, return, or release.

ARTICLE 7—CONTRACT DOCUMENTS

7.01 Contents
A. The Contract Documents consist of all of the following:

1. This Agreement.

2. Bonds:
a. Performance bond (together with power of attorney).
b. Payment bond (together with power of attorney).

3. General Conditions.

4. Supplementary Conditions.

5. Specifications as listed in the table of contents of the project manual (copy of list attached).

6. Drawings (not attached but incorporated by reference) consisting of sheets bearing the following general title: Madera WWTP 2024 Improvements Project.

7. Drawings listed on the attached sheet index.

8. Addenda (numbers _1__ to _2__, inclusive).

9. Exhibits to this Agreement (enumerated as follows):
a. Contractor’s Bid;
b. Documentation submitted by Contractor prior to Notice of Award; c. List of Subcontractors;
d. List of Equipment Manufacturers;
e. Certification of Electrical Subcontractor’s Experience and Qualifications; f. Certifications of System Integrator Experience and Qualifications;

10. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto:
a. Notice to Proceed.
b. Work Change Directives.

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c. Change Orders.
d. Field Orders.
e. Warranty Bond, if any.

B. The Contract Documents listed in Paragraph 7.01.A are attached to this Agreement (except as expressly noted otherwise above).

C. There are no Contract Documents other than those listed above in this Article 7.

D. The Contract Documents may only be amended, modified, or supplemented as provided in the Contract.

ARTICLE 8—REPRESENTATIONS, CERTIFICATIONS, AND STIPULATIONS

8.01 Contractor’s Representations
A. In order to induce Owner to enter into this Contract, Contractor makes the following representations:

1. Contractor has examined and carefully studied the Contract Documents, including Addenda.

2. Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

3. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work.

4. Contractor has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.

5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.

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6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs.

7. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract.

8. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.

9. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.

10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.

8.02 Contractor’s Certifications
A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 8.02:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution;

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and

4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

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ARTICLE 9—CONFLICT OF INTEREST

9.01 Contractor acknowledges that no officer or employee of the Owner has or shall have any direct or indirect financial interest in this Agreement nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.

ARTICLE 10—NON-DISCRIMINATION

10.01 In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”).

Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis.

Copyright © 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

STANTEC – SEPTEMBER 2024 – FINAL BID SET AGREEMENT B/W OWN&CNTR 184031811 – CITY OF MADERA FOR CONST CONTRACT
2024 WWTP IMPROVEMENTS PROJECT PAGE 00 52 00 - 8
IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement.

This Agreement will be effective on ___________________ (which is the Effective Date of the Contract).

Owner: Contractor:

City of Madera Gateway Pacific Contractors, Inc.
(typed or printed name of organization) (typed or printed name of organization) By: By:
(individual’s signature) (individual’s signature)
Date: Date:
(date signed) (date signed)
Name: Name:
(typed or printed) (typed or printed)
Title: Title:
(typed or printed) (typed or printed)
(If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.)
Attest: Attest:
(individual’s signature) (individual’s signature)
Title: Title:
(typed or printed) (typed or printed)
Address for giving notices: Address for giving notices:
428 E. Yosemite Avenue
Madera, CA 93638
Designated Representative: Designated Representative:

Name: Keith Helmuth Name:
(typed or printed) (typed or printed)
Title: City Engineer Title:
(typed or printed) (typed or printed)
Address: Address:

Phone: (559) 661-5418 Phone:

Email: [email protected] Email:

License No.:
(where applicable)
State:

END OF SECTION

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: December 4, 2024
_________________________________ Agenda Number: E-1
Shannon Chaffin, City Attorney
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

City Council Discussion of Options Regarding the Process for Filling of a Potential Vacancy on the City Council.

RECOMMENDATION:

Discussion and direction from Council as appropriate.
(Note: The Elections Code has strict timelines regarding filling of vacancies. However, elections results are not anticipated to be certified by the County until just before the Council meeting, and well after Agenda is published. As a result, it is unknown at this time if a vacancy may be created or not. To preserve all options for the Council, this item is included on the Agenda as a placeholder, and may be removed if not warranted.)
SUMMARY:

A vacancy may be created for the City Council seat in District 1. Under State law the City Council is required to fill a vacancy on the City Council either by appointing another Councilmember or holding a special election. There are various options for appointment. Staff is requesting direction from the Council as to how to proceed. Based on the direction from Council, staff will return with the appropriate resolution(s) and any other needed items at a future meeting.

DISCUSSION:

By way of background, Mayor Pro Tem Cece Gallegos was elected as a Councilmember for District 1 for her most recent term in 2022. As of the date of this Staff report, the Madera County Clerk has yet to certify the results of the election and is expected to do so just before the Council meeting. However, this item is being placed on the agenda in the event the County Clerk certifies the results and confirms Ms. Gallegos as Mayor elect before the Council meeting. If so, Ms.

Gallegos will automatically vacate her current office as a Councilmember once she is sworn into office as Mayor.

This will create a vacancy on the City Council that will need to be filled by the new City Council either by appointment or by calling a special election. The person appointed or elected would fill the vacant seat for the remainder of the term of that seat, and that seat would then be up for election in November 2026. This staff report outlines the Council’s options and seeks direction from the City Council regarding how to proceed with filling the vacancy.

Vacancy Automatically Created
If a sitting Councilmember is elected to another Council seat then his or her seat becomes vacant.

Government Code Section 1099 states that a public officer shall not simultaneously hold two public offices that are incompatible. When two public offices are incompatible, a public officer is deemed to have forfeited the first office upon entering into to the second, resulting in a vacancy in the first seat.

Options for Filling Vacancies
Government Code Section 36512 establishes the means by which a City Council vacancy may be filled. The City does not have an ordinance requiring a certain method for filling a vacancy other than any appointment must reside in that district. Consequently, the City Council has the discretion to either:
(i) Fill the vacancy by appointment or
(ii) Call for a special election
The City Council must make this decision – to either fill the vacancy by appointment or call for a special election – within 60 days after the vacancy is created. Consequently, if Mayor Pro Tem Gallegos is sworn in as Mayor at the meeting of December 4, 2024, the City Council must either appoint a qualified individual to fill the vacancy or call for a special election by no later than Sunday, February 2, 2025. As a practical matter this means that the Council only has two regular meetings to act (December 18 and January 15th) after this current meeting unless a Special City Council meeting is called.

Filling Vacancy by Appointment
If the City Council chooses to fill the vacancy by appointment, the specific method of appointment is within the Council’s discretion, so long at the appointment is made within the 60-day time period. To be eligible, any person appointed must meet the minimum legal requires required to run for office:
 The candidate must be a registered voter of the City (including age requirements).  The candidate must maintain a legal residence or domicile within District 1.  The willingness to be appointed.

In addition to the minimum qualifications, the City Council can consider a wide variety of other factors that may affect a potential appointee’s suitability to serve in office, including experience, background, etc.

There are a variety of ways to fill an appointment. Two common methods are either (i) direct appointment by the Council, or (ii) appointment after an application process.

A. Outright Appointment (No Application) Method. This is typically the fastest option.

Under this option the Council may make an appointment without going through an application process. The appointee is legally required to meet the age, residency, and voter registration requirements, and must be willing to be appointed. If the Council is inclined to pursue this option, it can direct Staff to place an item on the agenda for appointment at a future meeting.

B. Application Method. Under the “application” option, the City Council would establish an application period for appointee hopefuls residing in District 1 to submit an official City application with the City Clerk, with the intention of making an appointment at a future Council meeting after consideration of the applications. If Council wishes to fill the vacancy under this method, Staff request the Council provide direction such as:
 Notice: How notice is to be provided (publication in paper, posting, word of mouth, etc.).
 Application content: What sort of special information (if any) would the Council like a potential applicant to address.
 Deadline for Submittals: When applications should be submitted to the City Clerk.  Deadline for Distribution: When the applications will be provided to the Council (either prior to or concurrent with the Agenda for the meeting).  Interviews: If the City Council opts to fill the vacancy by appointment, the Brown Act requires any interviews conducted by the entire City Council to be held in open session.

The City Council also has flexibility to use another method of appointment.

Filling Vacancy by Special Election
Alternatively, the City Council may call a special election to fill the vacancy. The special election shall be held on the next regularly established election date not less than 114 days calculated after the call of the special election. In other words, the special election must be at least 115 days or more after the date of the determination to hold the election. The next available established election date that is more than 114 days away is November 4, 2025. As a result, the seat would remain vacant until the election, and the elected individual would serve the remaining 12 months of Mayor Pro Tem’s Gallegos’ term. The exact cost of holding a special election is not known at this time. However, in 2022 the County Elections official estimated it would take $35,000 -$40,000. Due to the cost of holding a special election, it is common for cities fill vacancies by appointment.

If the Council would prefer to call a special election, it should do so prior to February 2, 2025.

FINANCIAL IMPACT:

There is a minimal fiscal impact associated with appointment other than certain Staff time, etc.

If directed, Staff can attempt to obtain an updated estimate from the County as to the cost of holding a special election.

ALTERNATIVES:

If the Council unable to either appoint a person to fill the vacancy or call a special election, then the Councilmember position for District 1 will remain vacant.

ATTACHMENTS:

None

REPORT TO CITY COUNCIL
Late Distribution Notice

DATE: November 27, 2024
TO: Mayor and City Councilmembers
FROM: Shannon Chaffin, City Attorney
SUBJECT: December 4, 2024 City Council Meeting
Late Distribution Report for Item E-1 City Council Discussion of Options Regarding the Process for Filling of a Potential Vacancy on the City Council Additional time is needed to complete, review, and finalize the report for Item City Council Discussion of Options Regarding the Process for Filling of a Potential Vacancy on the City Council.
(Note: The Elections Code has strict timelines regarding filling of vacancies. However, elections results are not anticipated to be certified by the County until just before the Council meeting, and well after this Agenda is published. As a result, it is unknown at this time if a vacancy may be created or not. To preserve all options for the Council, this item is included on the Agenda as a placeholder, and may be removed if not warranted.)

REPORT TO CITY COUNCIL
Late Distribution Notice
DATE: November 27, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Alicia Gonzales, City Clerk
SUBJECT: December 4, 2024, City Council Meeting Late Distribution Report for Council Reorganization Item No. 1 Declaring the Results of the 2024 General Election, Oaths of Office, and Annual Reorganization
Additional time is needed to complete, review, and finalize the report for Council Reorganization Item Declaring the Results of the 2024 General Election, Oaths of Office, and Annual Reorganization. The report will be distributed as soon as it is available. Thank you for your understanding.

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: December 4, 2024
Agenda Number:

Alicia Gonzales, City Clerk
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Consideration of Selection of Mayor Pro Tem to serve a one-year term RECOMMENDATION:

Approve a Minute Order Accepting the nomination for Mayor Pro-Tem and making the appointment of Mayor Pro Tem to serve a one-year term
SUMMARY:

Resolution No. 12-210 delineates the protocol for the City Council to appoint one of its members to serve as Mayor Pro Tem. It specifies that this appointment shall take place during the Council's first regular meeting in December.

In addition to setting the timing, the Resolution outlines guidelines and procedural details to ensure a consistent and transparent process for selecting the Mayor Pro Tem. These provisions provide clarity and structure to the appointment process, aligning with established Council practices.

DISCUSSION:

Resolution No. 12-210 outlines a structured approach for appointing the Mayor Pro Tem. It stipulates that the selected Councilmember should not have previously held this position, unless all Councilmembers have served a term as Mayor Pro Tem.

When all Councilmembers have fulfilled a term in this role, the Resolution specifies that the appointment should be based on tenure, with the position being offered to the Councilmember who has not served as Mayor Pro Tem for the longest period.

Council Reorganization No. 2
Based on these criteria, Councilmember Jose Rodriguez qualifies to serve as Mayor Pro Tem for the upcoming term. Councilmember Rodriguez last held the position in 2018, making him eligible under the guidelines established in Resolution No. 12-210.

Table 1 below provides a summary of the periods during which each Councilmember last served as Mayor Pro Tem.

Table 1: History of Mayor Pro Tem
District Mayor Pro Tem Year Served
1 Councilmember Gallegos 2017
2 Councilmember Rodriguez 2018
3 Councilmember Montes 2019
Citywide Mayor Garcia 2020
6 Councilmember Villegas 2021
4 Councilmember Evans 2022
5 Councilmember Mejia 2023
1 Councilmember Gallegos 2024
FINANCIAL IMPACT:

The position of Mayor Pro Tem does not alter the standard monthly stipend received by Councilmembers, which is $500 per month. The role does not introduce any additional financial benefits or compensation beyond what is already allocated to all Councilmembers.

As a result, the selection of a Mayor Pro Tem does not create any changes or financial impact to the City's budgetary considerations. The allocation for Councilmember stipends remains consistent and aligned with the City's approved budget.

ALTERNATIVES:

There is no alternative action.

ATTACHMENTS:

1. Exhibit A - Resolution 12-210
RESOLUTION NO. 12-210

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

CALIFORNIA ESTABLISHING A TERM FOR THE OFFICE OF, AND A

SELECTION PROCESS FOR MAYOR PRO TEMPORE AND REPEALING
RESOLUTION NO. 98-90
WHEREAS, Government Code section 36801 requires forth that cities shall, after declaration of election results and installation of elected officials, select a Mayor and Mayor Pro Tempore; and
WHEREAS, the City Council adopted Resolution No. 98-90 setting forth the method and criteria for selecting the Mayor and Mayor Pro Tempore; and WHEREAS, Section 2-1.22 of the Madera Municipal Code was added on May 19, 2010, setting forth that the mayor shall be elected by the voters of the city at large; and WHEREAS, the selection procedure identified in Resolution No. 98-90, which includes a selection procedure for the mayor, is obsolete in part, and is in need of updating; and WHEREAS, the City Council now wishes establish a procedure for the selection of a Mayor Pro Tempore.

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

1. The above recitals are true and correct.

2. Commencing the month of December of 2012, the City Council shall, at its first regular meeting in the month of December, meet and choose one of its members as Mayor Pro Tempore. The Council Member selected as Mayor Pro Tempore shall be chosen from such members of the Council who have not previously served as Mayor Pro Tempore unless all members have so served.

3. Where all Council Members have served a term as Mayor Pro Tempore, the person to be selected as Mayor Pro Tempore shall be the Council Member who has not served as Mayor Pro Tempore for the longest period of time. If the Council Member who has not served as Mayor Pro Tempore for the longest period of time declines the position, then the Council Member who has not served as Mayor Pro Tempore for the longest period of time other than the declining Council Member shall be selected.

4. When a selection of Mayor Pro Tempore is to be made from a Council Member who has not yet served as Mayor Pro Tempore, the person who is otherwise qualified and has served on the Council the longest without being Mayor Pro Tempore shall be selected as Mayor Pro Tempore. In the case where two or more Council Members qualified to be selected Mayor Pro Tempore have served the same amount of time without being selected, the Council Member to be selected shall be the person who received the most votes at their initial election. In the event that no Council Member who is otherwise eligible to be Mayor Pro Tempore has received the most votes at their initial election, then the selection from the eligible Council Members shall be made by drawing lots.

5. The Council Member selected to serve as Mayor Pro Tempore shall serve a one year term ending upon the selection of a new Mayor Pro Tempore at the first City Council meeting in December of the following year.

6. Resolution No. 98-90 entitled, "A Resolution of the City Council of the City of Madera, California Establishing a Term of the Office of, and a Selection Process for Mayor and Mayor Pro Tempore," is hereby repealed in its entirety.

7. This resolution shall be effective immediately upon adoption. * * * * * * * * * * * *
Res. 12-210
PASSED AND ADOPTED by the City Council of the City of Madera this 5th day of December, 2012 by the following vote:

AYES: Council Members Poythress, Holley, Robinson, Bomprezzi, Svanda, Frazier, Medellin.

NOES: None.

ABSTENTIONS: None.

ABSENT: None.

ROBERT
~~IZ~ L. POYTHRfs·s, Mayor
ATTEST:

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APPROVED AS TO LEGAL FORM:

CITY ATTORNEY
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By: BRENT RICHARDSON

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: December 4, 2024
Agenda Number:

Alicia Gonzales, City Clerk
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Declaring the Results of the 2024 General Election, Oaths of Office, and Annual Reorganization RECOMMENDATION:

Council reviews the Madera County Elections Office canvass for Elected Official positions and take the following action:

1. By motion adopt a resolution declaring the results of the 2024 General Election as certified by the Madera County Elections Office; and

2. Perform Ceremonial Oaths of Office; and

3. Council to recognize elected officials for their years of service SUMMARY:

A consolidated General Municipal Election was duly held on November 5, 2024, for four offices of members of the City Council; Mayor At Large and Council Districts 2, 4, 6. The Madera County Clerk has issued the certified election results attached as Exhibit A to the resolution.

Reorganization Item No. 1
Table 1: Mayoral & City Council Election Results
District Candidate Votes Cast Declare Result
Mayor
Cecelia ‘Cece’ K. Gallegos 5,299 Elected
Santos Garcia 5,036
Wayne Padilla 2,685
Lucy Salazar 2,032
District 2 Jose Rodriguez 2,631 Elected
District 4 Anita Denise Evans 884 Elected
Derek O. Robinson Sr. 535
District 6 John Jasper 927
Artemio Villegas 1,004 Elected
DISCUSSION:

Following the announcement of votes cast for each Council seat as listed below, staff request that the Council adopt the resolution declaring the results of the election held on November 5, 2024.

FINANCIAL IMPACT:

The estimated cost for election services for the four Council seats is $65,000 - $100,000.

The amount is included in the adopted budget for Fiscal Year 2024/25. To date, the City has not received a final invoice.

ALTERNATIVES:

Per state law, certification of results must be completed by this regular meeting per state law.

Alternatively, a special meeting may be called for that purpose.

ATTACHMENTS:

1. Resolution

2. Exhibit A - Certified Election Results
RESOLUTION NO. 24-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA
DECLARING THE RESULTS OF THE NOVEMBER 5, 2024 ELECTION AS

REQUIRED BY LAW
WHEREAS, a consolidated General Municipal Election was duly called and held in the City of Madera on November 5, 2024; and
WHEREAS, under Section 10263 of the Elections Code, upon the completion of the canvass, and prior to the installation of officers, the City Council is required to adopt a resolution reciting the fact that the election was held and declaring the results of the election; and WHEREAS, as required by Section 10263 of the Elections Code, the City desires to declare the results of the November 5, 2024 Municipal Election.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Madera as follows:

SECTION 1. A General Municipal Election was duly called and regularly held on November 5, 2024 and was conducted in accordance with all applicable laws. Notice of the election was given in time, form, and manner provided by law, that voting precincts were properly established; election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and said declared in time, form, and matter as required by the provisions of the Elections Code of the State of California, for the holding of elections in general law cities.

SECTION 2. The Madera County Clerk/Registrar of Voters canvassed the returns of the November 5, 2024, election and the Elections Official has certified the results to the City Council.

A copy of the certified results is attached as Exhibit “A” and incorporated herein by reference as if fully set forth.

SECTION 3. The following persons appeared on the ballot for the full-term Mayor and received the respective votes noted:

Cecelia “Cece” K. Gallegos 5,299 Votes
Santos Garcia 5,036 Votes
Wayne Padilla 2,685 Votes
Lucy Salazar 2,032 Votes
SECTION 4. The following persons appeared on the ballot for full term member of the City Council for District 2 and received the respective votes noted:

Jose Rodriguez 2,631 Votes
2 SECTION 5. The following persons appeared on the ballot for full term member of the City Council for District 4 and received the respective votes noted:

Anita Denise Evans 884 Votes
Derek O. Robinson, Sr. 535 Votes
SECTION 6. The following persons appeared on the ballot for full term member of the City Council for District 6 and received the respective votes noted:

John Jasper 927 Votes
Artemio Villegas 1,004 Votes
SECTION 7. The number of votes given at each precinct for each of the individuals’ names above for their respective office, are listed in Exhibit A, attached hereto and incorporated by reference.

SECTION 8. The City Council does declare and determine that:

A. Cecelia “Cece” K. Gallegos was elected as Mayor of the City for the full term of four (4) years.

B. Jose Rodriguez was elected as a member of the City Council for the full term of four (4) years for District 2.

C. Anita Denise Evans was elected as a member of the City Council for the full term of four (4) years for District 4.

D. Artemio Villegas was elected as a member of the City Council for the full term of four (4) years for District 6.

SECTION 9. The City Clerk shall enter on the records of the City Council of the City, a copy of this resolution and Exhibit A showing: (1) the whole number of votes cast in the City; (2) the names of the persons voted for; (3) for what office each person was voted for; (4) the number of votes given at each precinct to each person; and (5) the total number of votes given to each person, in accordance with the provisions of Elections Code Section 10264.

SECTION 10. Each and all of the persons so elected shall then be inducted to the respective office to which he or she has been elected.

SECTION 11. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
******