Agenda packet — Madera City Council, January 15, 2025 (part 3 of 3)

URBAN RESERVE ZONES (UR)
§ 10-3.10.501 UR ZONES.

The regulations in this subchapter shall apply in all Urban Reserve (UR) zones unless otherwise provided in this chapter.
§ 10-3.10.502 USES PERMITTED.
112
(A) The following uses shall be permitted in UR zones:
(1) Grazing and the raising of field crops, fruit and nut trees, vines, vegetables, horticultural specialties, and livestock;
(2) The curing, processing, packaging, and shipping of agricultural products produced upon the premises where such activity is carried on in conjunction with, or as part of, a bona fide agricultural operation;
(3) Single-family residences and farm employee housing which are incidental to a permitted use or conditional use;
(4) Incidental and accessory structures and uses located on the same site with a permitted use, including barns, stables, coops, tank houses, storage tanks, wind machines, windmills, silos, and other farm outbuildings; private garages and carports; one guest house or accessory living quarters without a kitchen for each residence on the site; and storehouses, garden structures, greenhouses, and the storage of petroleum products for the use of persons residing on the site; (5) Irrigation and flood control facilities; and
(6) Home occupations.
(B) The following uses may be permitted by the Commission by the issuance of a conditional use permit:
(1) Agricultural service establishments primarily engaged in performing animal husbandry or horticultural services on a fee or contract basis, including plant nurseries and landscape gardening; landscape contracting; offices of veterinarians; animal hospitals; poultry farms; boarding and training horses; feed lots; and hog farms;
(2) Public and private charitable institutions, hospitals, sanitariums, rest homes, nursing homes, and cemeteries;
(3) Commercial stables and riding academies;
(4) Public and quasi-public uses of an educational, administrative, recreational, public service, cultural, or religious type;
(5) Private and noncommercial clubs and lodges;
(6) Sewage treatment plants;
(7) Signs appurtenant to any permitted use may be erected in UR zones subject to all the laws, rules, and regulations of the city pertaining to signs, including, but not necessarily limited to, the terms and provisions of § 10-3.415 of the General Provisions subchapter of this chapter pertaining to architectural control; and
(8) Trailer parks, subject to the limitations of § 10-3.906 of the Heavy Commercial zones of this chapter, providing public water and sewer systems are utilized. § 10-3.10.503 SPECIAL CONDITIONS.
(A) Any use involving a business, service, or process not completely enclosed in a structure shall be screened by a solid fence or masonry wall or a compact growth of natural plant materials six feet in height if the Commission finds such use to be unsightly.
(B) No conditional use shall be permitted and no process, equipment, or materials shall be used which are found by the Commission to be objectionable or injurious to property, crops, or livestock in the vicinity by reason of odor, fumes, dust, smoke, cinders, dirt, refuse, water-carried wastes, noise, vibration, illumination, glare, or unsightliness, or to involve any hazard of fire or explosion. § 10-3.10.504 SITE AREA.
(A) The minimum site area shall be 20 acres for permitted uses. (B) On conditional uses the minimum site area shall be specifically stated on the use permit. 113
(C) Each site shall have not less than five acres of lot area for each dwelling unit located on the site.

This shall not be construed to disallow the placing of the permitted dwelling units all in one area of the site.
§ 10-3.10.505 YARD REQUIREMENTS.
(A) Front yard. The minimum front yard shall be 50 feet. (B) Side yard. The minimum side yard shall be five feet except that on the street side of a corner lot the yard shall be not less than 40 feet.
(C) Rear yard. The minimum rear yard shall be 20 feet.
§ 10-3.10.506 HEIGHT OF STRUCTURES.
(A) The maximum height of a building or structure for a permitted use shall be 35 feet subject to the exception that barns, tank houses, storage tanks, windmills, and silos may exceed 35 feet in height. (B) The maximum height of a structure occupied by a conditional use and its accessory structures shall be determined by the provisions of the use permit.
§ 10-3.10.507 DISTANCE BETWEEN BUILDINGS.

The minimum distance between dwellings or dwellings and accessory structures shall be ten feet. The minimum distance between dwellings and accessory structures in which livestock or poultry is kept shall be 50 feet.

UNCLASSIFIED ZONES (U)
§ 10-3.1101 U ZONES.

The regulations set forth in this subchapter shall apply in all Unclassified (U) zones unless otherwise provided in this chapter. (Any land within the city and not designated or indicated on the zoning maps shall be in the U zone.)
§ 10-3.1102 USES PERMITTED.

All uses not otherwise prohibited by law shall be permitted provided that a use permit shall first be secured for any use to be established in any U zone.
§ 10-3.1103 SITE AREA; HEIGHT OF STRUCTURES; YARD REQUIREMENTS.

Building site area requirements, building height limits, and yard requirements shall be as specified in the use permit.

INDUSTRIAL PARK ZONES (IP)
114
§ 10-3.11.501 IP ZONES.

The regulations set forth in this subchapter shall apply in all Industrial Park (IP) zones unless otherwise provided in this chapter.
§ 10-3.11.502 PURPOSE.

The purpose of the regulations set forth in this subchapter is to provide a set of regulations which will insure the creation of an environment exclusively for, and conducive to, the development and protection of modern, large-scale administrative facilities, research institutions, specialized manufacturing organizations, and distributions centers for major retail outlets, all of a type in which the architecture, landscaping, and operations of the uses are such that each is a credit to the other, and investments in welldesigned and maintained plants and grounds are secured by the maintenance of the highest standards throughout the district.
§ 10-3.11.503 PERMITTED USES.
(A) The following uses shall be permitted in IP zones:
(1) Apparel and other finished products made from fabrics and similar materials; (2) Books, newspaper and magazine printing and publishing and allied industries; (3) Electrical and electronic instruments, machinery, equipment and supplies manufacturing; (4) Furniture and fixture manufacturing;
(5) Fabricated metal products manufacturing, except ordnance machinery and transportation equipment;
(6) Leather and leather products;
(7) Textile mill products;
(8) Professional, scientific, and controlling instruments; (9) Photographic and optical goods;
(10) Watches and clocks.
(11) Cultivation, distribution, manufacturing, testing labs as authorized under the Cannabis Permit Ordinance of the City of Madera in Chapter 5 of Title VI of the Madera Municipal Code. (12) Retail only in conjunction with vertical integration business as authorized under the Cannabis Permit Ordinance of the City of Madera in Chapter 5 of Title VI of the Madera Municipal Code. § 10-3.11.503.1 USES REQUIRING AN ADMINISTRATIVE APPROVAL ZONING PERMIT. (A) Uses permitted with an Administrative Zoning Administrator's permitApproval:
(1) Gas and electric transmission lines, electrical transmission and distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations, and elevated pressure tanks;
(2) Chemicals and allied product manufacturing;
(3) Rubber and miscellaneous plastics manufacturing;
(4) Processing, warehousing and wholesale distribution of food and kindred products manufacture. § 10-3.11.504 ACCESSORY USES.
______ ----------__ _
115
The following structures and uses shall be permitted in IP zones when accessory to a use permitted by the provisions of this subchapter:
(A) Incidental sales in connection with a permitted use; (B) Accessory uses and structures customarily appurtenant to a permitted use; and (C) Recreational facilities for employees and guests.
§ 10-3.11.505 USES REQUIRING USE PERMITS.
(A) The following uses shall be permitted with a Use Permit:
(1) Warehousing and wholesale distribution of manufactured or assembled products; and (2) Any research or light manufacturing use which is determined by the Commission to be consistent with the purposes of this subchapter, which will not impair the present or potential uses or values of adjacent parties nor be detrimental to the public health, safety, peace, morals, comfort, or general welfare of the community, and which conforms to the performance standards set forth in this subchapter. § 10-3.11.506 PERFORMANCE STANDARDS.

All uses in IP zones shall meet the following performance standards. (A) Noise. The maximum sound pressure level of activities other than street or highway transportation, temporary construction work, or temporary oil or gas drilling or exploration operations, as determined by the City Engineer, shall not exceed the standards for octave bands within the frequency limits given below after applying the correction factors:
(1) Noise at zone boundaries. At no point on the boundary of an IP zone shall the sound pressure level of any individual operation, use, or plant exceed the decibel levels in the designated octave bands set forth below:

Octave Band
Cycles Per Second
Maximum Permitted Sound Level in Decibels (.0002 Dynes/cm2 ) Octave Band
Cycles Per Second
Maximum Permitted Sound Level in Decibels (.0002 Dynes/cm2 ) 0 - 75 72
75 - 150 67
150 - 300 59
300 - 600 52
600 - 1,200 46
1,200 - 2,400 40
2,400 - 4,800 34
Above 4,800 32

116
(2) Noise at property lines. At no point on the lot lines of any property shall the sound pressure level of any individual operation, use or plant exceed the decibel levels in the designated octave bands shown below:

Octave Band
Cycles Per Second
Maximum Permitted Sound Level in Decibels (.0002 Dynes/cm2 ) Octave Band
Cycles Per Second
Maximum Permitted Sound Level in Decibels (.0002 Dynes/cm2 ) 0 - 75 80
75 - 150 75
150 - 300 70
300 - 600 64
600 - 1,200 58
1,200 - 2,400 53
2,400 - 4,800 49
Above 4,800 46

(3) Corrective factors in noise measurement. To any irregular or impulsive noise, one or more of the following corrective factors shall be added to the values permitted sound level:

Character of Noise Correction in Decibels
Occurs between 10:00 p.m. and 7:00 a.m. Minus 10
Noise source operates less than a total of 30 minutes in any day Plus 10 Noise of impulsive character, such as hammering Minus 5

(B) Air pollution. There shall be no discharge into the atmosphere, from any source, of particulate matter in excess of 0.3 grams per cubic foot of gas at standard conditions. There shall be no emission of gas, smoke, particulate material, dust, or other air contaminants for a period or periods aggregating more than three minutes in any one hour which contaminants are:
(1) As dark or darker in shade as that designated as No. 2 on the Ringelmann Chart as published by the US Bureau of Mines; or
(2) Of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke described in subsection § 10-3.11.506(B)(1) of this subsection. (C) Odor. Odors from gases shall not be in such quantity as to be offensive beyond the lot lines of the use.
(D) Vibration. Vibration from any machine, operation, or process shall not cause a perceptible motion at the lot lines.
(E) Glare and heat. Glare and heat from any source shall not be produced beyond the lot lines. 117
(F) Radioactivity and electrical disturbances. The use of radioactive materials within IP zones shall be limited to measuring, gauging, and calibration devices, such as tracer elements in X-ray and like apparatus, and in connection with the processing and preservation of foods. All electrical and electronic devices and equipment shall be suitably wired, shielded, and controlled so that in operation they shall not, beyond the lot lines, emit any electrical impulses or waves which will adversely affect the operation and control of any other electrical or electronic devices and equipment. § 10-3.11.507 HEIGHT REGULATIONS.

No structure in the IP zones shall exceed 50 feet in height except upon approval of a conditional use permit by the Planning Commission.
§ 10-3.11.508 LOT AREA.

The minimum building site area in IP zones shall be one acre. § 10-3.11.509 LOT WIDTH.

The minimum lot width in IP zones shall be 150 feet.
§ 10-3.11.510 LOT DEPTH.

The minimum average lot depth in IP zones shall be 150 feet. § 10-3.11.511 LOT COVERAGE.

Not more than 50% of the lot area in IP zones shall be covered with buildings. § 10-3.11.512 YARD REQUIREMENTS.

The following yards shall be required in IP zones:
(A) Front yards. Front yards shall have a minimum depth of 50 feet. (B) Side yards. There shall be a minimum combined side yard width of 40 feet for both sides, and no one side yard shall have a width of less than ten feet. For every one foot the building exceeds 30 feet in height, one additional foot of side yard shall be required on each side. Side yards on the street side of corner lots shall be equal in depth to the front yard requirements set forth in subsection § 10-3.11.512(A) of this section.
(C) Rear yards. Rear yards shall have a minimum depth of 20 feet. § 10-3.11.513 USES IN BUILDINGS.

All uses in IP zones shall be conducted wholly within a completely enclosed building, except for offstreet parking and loading, store age, and the disposal of trash and refuse. § 10-3.11.514 DISPOSAL FACILITIES.
118
Trash and refuse collection and disposal facilities in IP zones shall be enclosed by a solid fence or hedge no lower in height than the facilities themselves. § 10-3.11.515 OFF-STREET PARKING.

All vehicle parking, including trucks, trailers, and employee and visitor parking, in IP zones shall be provided on the premises. All parking areas shall be paved. Parking shall not be located in the required front yard or street side yard of a corner lot, except that a visitor parking area shall be permitted in the required front yard.
§ 10-3.11.516 STORAGE.

Outside storage in IP zones shall not be permitted unless concealed from the view from a public street by a solid fence or hedge.
§ 10-3.11.517 FENCES.

No fence shall be permitted in the required front yard or in the required side yard for the street side of corner lots in IP zones.
§ 10-3.11.518 OFF-STREET LOADING.

Off-street loading in IP zones shall be within the building or in side or rear yards separated and protected from any traveled way by a fence or hedge not less than six feet in height. § 10-3.11.519 LANDSCAPING.

A minimum of 15 feet of front and street side yards in IP zones shall be permanently landscaped. § 10-3.11.520 TYPE OF FUEL.

Manufacturing and industrial processes in IP zones shall use only natural gas or electricity as fuel unless otherwise authorized by a use permit.
§ 10-3.11.521 BUILDINGS.
(A) All buildings, except as noted in subsection § 10-3.11.521(B), (C), and (D) below, shall be subject to review and shall be approved by the Development Review Committee. (B) Temporary buildings for temporary construction purposes are a permitted use. (C) Temporary or portable-type buildings for uses other than that specified in subsection § 10-

3.11.521(B) may be permitted subject to approval of a use permit by the Planning Commission. The use permit review shall consider the need for the building, the time frame for its use, the location of the building, its compatibility with surrounding uses, and provision of skirting and screening of axles and mechanical equipment.
119
(D) Notwithstanding subsection § 10-3.11.521(C), temporary buildings for a short-term use, not to exceed a total of nine months, may be permitted with approval from the Planning Director subject to the review considerations set forth in subsection § 10-3.11.521(C) above. § 10-3.11.522 SIGNS.

Each parcel of land in IP zones shall be permitted a maximum of two signs, with a total aggregate surface area of 250 square feet but not to exceed 150 square feet per sign. The sign height shall be 15 feet.

Signs shall only identify the on-site operation and products. All signs shall be subject to review and shall be approved by the Development Review Committee. All signs shall be subject to review and approval as required by Chapter 6 of this title.
=

SPECIFIC PLAN ZONES (SP)
§ 10-3.11.601 PURPOSE AND APPLICATION.

The purpose of the SP zone is to accomplish the following:
(A) To provide a framework for how to analyze project level development standards and permitted uses in the SP zone district; and
(B) To provide a framework and requirements for approving specific plans proposed in the city by establishing a development review framework for comprehensibly planned communities pursuant to Cal.

Gov't Code §§ 65450 to 65457 for the preparation of specific plans. § 10-3.11.602 APPLICABILITY.
(A) For properties already zoned SP, the allowed uses, allowed density, and required property development standards shall be as outlined in the applicable specific plan. Where the regulations of a specific plan are silent or not specifically referenced, the comparable regulations of these zoning regulations and all adopted ordinances, regulations, standards, and guidelines of the city shall apply, subject to the Planning Director's discretion, unless otherwise declared by the Planning Commission. (B) For properties proposed to be rezoned to the SP zone, a specific plan meeting the requirements outlined below is required and must be submitted concurrently with the rezone request. The SP zone, including all standards and processes, is available to all new development proposals within the city, except those areas within the city limits already regulated by an existing adopted specific plan and approved prior to the adoption of this subchapter. Those areas shall be exempt from this chapter, and all activities within such areas shall be subject to the existing standards and procedures of the applicable specific plan.
(C) All new SP zones must encompass an area of no less than five acres of contiguous property. § 10-3.11.603 SPECIFIC PLAN REQUIRED ELEMENTS.

A specific plan shall provide regulations and design standards governing the minimum and maximum development parameters of all real property within the proposed SP zone district. All specific plans prepared and adopted under §§ 10-3.11.601 et seq. shall be consistent with the requirements of Cal. Gov't Code § 65450 as amended, and shall include, at a minimum, the following:
(A) Purpose. State the relationship to the goals and policies of the General Plan. 120
(B) Setting. State the existing and regional setting to establish the conditions and reasons for the project.
(C) Proposed land uses. Establish the distribution, type, definitions of, and regulations for all proposed land uses. The uses described within the specific plan shall be designed and developed in a manner consistent with the General Plan and § 10-3.11.604 below. (D) Development standards. Establish all regulating policies and include all of the following for all building types:
(1) Building height, setbacks, massing, and design standards; (2) Lot area, width, depth, and structural limitations; (3) Maximum number of dwelling units and the maximum residential density (of the Specific Plan area and any individual site or portion);
(4) Usable open space provisions and requirements within the development; (5) Off-street parking and loading facilities;
(6) Design and development standards (architectural, landscape, streetscape, street furniture, utilities, fence/wall types, and the like), which may include design themes or similar architectural treatments to control future construction of buildings on parcels covered by the Specific Plan. Site planning at the perimeter of the zone boundaries shall provide for the mutual protection of the zone and the surrounding property;
(7) Signage requirements shall be addressed, either through Chapter 6 of Title 10 (Sign Regulations) or by a unique sign program codified in the specific plan; and (8) All areas for storage of vehicles, maintenance equipment, refuse and collection facilities, manufactured products, or other similar materials used by or in a manufacturing/fabricating process onsite shall be prohibited or shall be enclosed by a decorative, block, or brick wall and/or landscape screening in combination.
(E) Site planning. Establish a comprehensive map of all major streets, open spaces, private and public property, and land uses for all affected property, consistent with the intent of the General Plan. (1) Consider and preserve environmentally sensitive resources (water courses, view sheds, drainage areas, wooded areas, rough terrain [canyons, ravines, steep slopes, ridges, knolls, promontories], and other similar natural features) and make provisions to retain natural features and amenities found on-site. (2) Provide landscape architectural concept plans and standards, including project entries, streetscapes, fencing details, lighting, signage, utility, and street furniture. (F) Infrastructure. Identify the proposed distribution, extent, intensity, and location of major components of public and private circulation/transportation, drainage, energy, sewers, solid waste disposal, water, and other essential facilities proposed. (1) Include written analysis detailing plans for the construction, improvement, or extension of transportation facilities, public utilities, and all other public facilities/services required to serve the properties.
(2) Dedicate all public right-of-ways and public park spaces within or abutting the development to applicable city specifications.
(3) Private streets and alleys shall be designed to public street standards (where applicable), or propose modifications, and be privately owned and maintained for their intended purpose without public cost or maintenance responsibility.
(4) Consideration of other forms of access, such as pedestrian ways, paseos, courts, plazas, driveways, horse trails, bike trails, or open public parking areas, may be made at the time of specific plan consideration by the city.
(G) Maintenance. Provisions assuring the continued maintenance of private property, grounds, and all common areas shall be required.
(H) Phasing. Specific plans developed in phases or neighborhoods over a period of time, not developed in a consecutive and uninterrupted manner, shall be required to process each phase or neighborhood through separate entitlement processes.
121
§ 10-3.11.604 ALLOWED LAND USES.
(A) All use of lands within the SP zones shall be compatible with the purpose and intent of these zoning regulations.
(B) All use of lands within the SP zones shall be consistent or made consistent with the General Plan Land Use Map, which may include varying densities of residential, commercial, and/or industrial development.
(C) A new specific plan shall be processed using the same procedure as a General Plan amendment as well as a change of zone boundaries per §§ 10-3.1501 et seq.

OFF-STREET PARKING REGULATIONS
§ 10-3.1201 GENERAL REQUIREMENTS.
(A) It is the purpose of this section to allow evaluation of off-street parking requirements for vehicles to prevent or lessen the traffic congestion and parking problems on public streets and to leave street parking available to persons making short-term visits for shopping, personal business and related activities. Off-street parking and off-street loading facilities shall be provided incidental to new land uses and major alterations and enlargements of existing land uses. Major land use development proposals will be expected to meet on-site parking requirements and, for customer satisfaction, should want to provide parking for their convenience. On-site parking is a normal part of land use development and satisfying Code requirement will be the rule and not the exception. Allowing large scale or high intensity land uses an exception to Code requirements, or to pay in-lieu fees, may have a tendency to over-load the city's existing parking inventory on at least a short-term basis, and in the case of some areas, exceed the city's ability to satisfy long-term needs. The number of parking spaces and the number of loading berths prescribed in this subchapter, or to be prescribed by the Planning Commission, shall be proportional to the need for such facilities created by the particular type of land use. Off-street parking and loading areas shall be laid out in a manner that will ensure their usefulness, protect the public safety, and, where appropriate, insulate surrounding land uses from their impact. The provisions of this subchapter are intended to:
(1) Provide clear standards for parking requirements;
(2) Provide parking requirements that are appropriate for specified land uses; (3) Provide for flexibility in meeting parking requirements; (4) Ensure that parking requirements are consistent with the land use goals of the community; and (5) Discourage unnecessary curb cuts and the loss of on-street parking spaces through the construction of driveways downtown.

The provisions of this subchapter are also intended to deal with major problems, conditions, and needs which are apparent in attempting to provide sufficient off-street parking facilities in areas of intense commercial development, including:
(1) The difficulty in assembling land by private means; (2) The often excessive time required in assembling land by private means; (3) The varying financial capabilities and traffic generating characteristics among the various types of commercial enterprises;
(4) The importance of avoiding the development of a fragmented pattern of off-street parking facilities which may bear little relation to the needs of a commercial area as a whole; (5) The importance of prescribing regulations which will not inadvertently discourage private investment within the community while alleviating or preventing traffic congestion; and 122
(6) The importance of achieving a reasonable distribution of burden among private interests and the public at large consistent with their individual and collective responsibilities to provide off-street parking and loading facilities.
(B) Every building hereafter erected in the city shall be provided with parking spaces as provided in § 10-3.1202 of this subchapter, subject to the other provisions of this subchapter. Such parking spaces shall be made available and shall be maintained for parking purposes according to the required use of the building.
(C) Every building hereafter reconstructed, remodeled, or structurally altered shall be provided with parking spaces as required by the new use of the building. The parking spaces required by this subsection shall be determined by subtracting the number of parking spaces required by the provisions of § 10-

3.1202 of this subchapter for the building as used prior to its reconstruction, remodeling, or structural alteration from the number of spaces required by § 10-3.1202 for the building for its proposed use after its reconstruction, remodeling, or structural alteration. Such parking spaces shall be made available and shall be maintained for parking purposes according to the required use of the building. For buildings other than dwellings, if the number of parking spaces thus determined does not exceed the number of spaces required by the provisions of § 10-3.1202 for the building as used prior to its reconstruction, remodeling, or structural alteration by at least 10% or by five spaces, whichever is greater, no additional parking space need be provided by reason of the reconstruction, remodeling, or structural alteration of the building. In the event it is not possible to determine the number of parking spaces required for a particular building in the manner set forth in this subsection, the Commission shall determine an adequate number of parking spaces for such a building based on standards comparable to those set forth in § 10-3.1202. § 10-3.1202 PARKING SPACES REQUIRED.

Except as provided in § 10-3.1205 of this subchapter, the number of off-street parking spaces required shall be as follows:

Use Parking Spaces Required Downtown Parking District
Standards
Residential Dwellings 1 space for each bachelor or one
bedroom dwelling unit and 1.5
spaces for dwelling unit having
more than one bedroom, with
one covered space per unit.

Same
Multi-Family Housing Projects In addition to parking spaces required in residential
dwellings above, all projects
with six or more units
shall also provide off-street
parking for visitors
at locations reasonably central to
the units to be served
at a rate of one space for the first
five units and one space for each
five units thereafter.

Same
Senior citizen housing projects
under § 10-3.5.1 Affordable
Housing Density Bonus
One covered parking space for
each unit, plus one guest parking
space provided at the rate of one
space for every four units, which
shall be located in close
Same
123
proximity and easily accessible
to the units they are designated
to serve. Employee parking shall
be provided at a rate of one
space per every two employees.

Parking for a manager's quarters
shall be required at the standard
residential rate. Sufficient
additional open space area
shall be provided to allow for
compliance with standard
residential rates should the
project be converted
in whole, or in part, for
occupancy by other than senior
citizens.

Use Parking Spaces Required
Downtown
Parking
District
Standards
Residential
Dwellings
1 spaces for each bachelor or one bedroom dwelling unit and 1.5 spaces for dwelling unit having more than one bedroom. In each instance one space per unit must be covered. Same Multi-Family
Housing
Projects
In addition to parking spaces required in residential dwellings above, all projects with six or more units shall also provide off-street parking for visitors at locations reasonably central to the units to be served.

Same
Senior citizen
housing
projects
under §
10-3.5.1
Affordable
Housing
Density
Bonus
One cover parking space for each unit, plus one guest parking space provided at the rate of one space for every four units, which shall be located in close proximity and easily accessible to the units they are designated to serve.

Employee parking shall be provided at a rate of one space per every two employees. Parking for a manager's quarters shall be required at the standard residential rate.

Sufficient additional open space area shall be provided to allow for compliance with standard residential rates should the project be converted in whole, or in part, for occupancy by other than senior citizens.

Same
Use
Parking Spaces Required
Downtown Parking
District Standards
Residential uses
Residential dwellings
1½ spaces for each bachelor or one bedroom dwelling unit and two spaces for dwelling unit having more than one bedroom. In each instance one space per unit must be covered.

Same
124
Multi-family housing projects
In addition to parking spaces required in residential dwellings above, all projects with six or more units shall also provide off-street parking for visitors at locations reasonably central to the units to be served at a rate of one space for the first four units and one space for each four units thereafter.

Same
Senior citizen housing projects under § 10-3.5.1 Affordable Housing Density Bonus One cover parking space for each unit, plus one guest parking space provided at the rate of one space for every four units, which shall be located in close proximity and easily accessible to the units they are designated to serve.

Same
Employee parking shall be provided at a rate of one space per every two employees. Parking for a manager's quarters shall be required at the standard residential rate.

Use Parking Spaces Required Downtown Parking
District Standards
Use Parking Spaces Required Downtown Parking
District Standards
Rooming and lodging
houses, fraternity and
sorority houses, and private
clubs having sleeping rooms
One space for each sleeping room. Same
Motels One space for each sleeping room,
plus one space for each two
employees.

Same
Hotels One space for each three beds. Same
Commercial and industrial
uses
Banks One space for each 250 square feet
of gross floor area.

Same
Business and professional
offices
One space for each 300 square feet
of gross floor area.

One space for each 450 square
feet of gross floor area
Retail food stores One space for each 250 square feet
of gross floor area
One space for each 375 square
feet of gross floor area
All other retail stores and
personal service
establishments, such as
barber, beauty, and repair
shops
One space for each 300 square feet
of gross floor area
One space for each 450 square
feet of gross floor area
Retail stores which handle
only bulky merchandise,
such as furniture,
appliances, hardware, and
similar establishments
One space for each 400 square feet
of gross floor area, plus one space
for each two employees.

One space for each 600 square
feet of gross floor area
125
Motor vehicle sales,
machinery sales, and auto
repair garages
One space for each 400 square feet
of gross floor area, plus one space
for each two employees.

One space for each 600 square
feet of gross floor area
Use Parking Spaces Required Downtown Parking
District Standards
Use Parking Spaces Required Downtown Parking
District Standards
Manufacturing, warehouses,
storage uses, and wholesale
houses
One space for each two employees,
plus one space for each 300 square
feet of office space and customer
net floor area, plus one loading
space for each 10,000 square feet of
gross floor area.

One space for each two
employees, plus one space for
each 450 square feet of office
space and customer net floor
area, plus one loading space for
each 10,000 square feet of gross
floor area.

Places of assembly
Establishments for the sale
and consumption of food
and beverages on the
premises
One space for each three seats of a
fixed nature, plus one space for
each 50 square feet of net floor area
available for non-fixed seating.

Same
Drive-in restaurants One space for each three seats. Same Auditoriums One space for each three seats. Same
Theaters One space for each five seats. Same
Churches One space for each four seats. Same
Skating rinks, dance halls,
and similar establishments
One space for each 50 square feet of
net floor area used for dancing or
skating or one space for each 200
square feet of gross floor area,
whichever is greater.

Same
Libraries and museums One space for each 400 square feet of gross floor area, plus one space
for each two employees.

One space for each 600 square
feet of gross floor area, plus one
space for each two employees.

Mortuaries and funeral
homes
One space for each vehicle used in
conjunction with the establishment,
plus one space for each two
employees, plus one space for each
four seats in the main chapel.

Same

Use Parking Spaces Required Downtown
Parking
District
Standards
Use Parking Spaces Required Downtown
Parking
126
District
Standards
All places of assembly without fixed
seating, other than those uses set forth
in establishments for the sale and
consumption of food and beverages
on the premises
One space for each 25 square feet of gross floor
area used for assembly.

Same
Educational uses
Elementary and junior high schools One space for each faculty member and employee.

Same
High schools One space for each individual employed on the campus, plus one space for each five students.

Same
Junior colleges, colleges, universities,
and trade and draft schools
One space for each individual employed on the
campus, plus one space for each two students
not residing on the premises.

Same
Day care and nursery schools One space for each employee Same School auditoriums, assembly halls,
stadiums, and gymnasiums
One space for each three seats if such number
will provide a greater number of spaces than set
forth in elementary and junior high schools,
high schools, and junior colleges, colleges,
universities, and trade and draft schools.

Same
Health
Medical and dental offices and clinics Four spaces for each doctor, plus one space for each employee or one space for each 250
square feet of gross floor area, whichever is
greater.

Same
Use Parking Spaces Required Downtown
Parking
District
Standards
Use Parking Spaces Required Downtown
Parking
District
Standards
Asylums, sanitariums, old-age homes,
orphanages, convalescent homes,
nursing homes, and children's homes
One space for each three beds plus one space
for each two employees on the largest shift.

Same
Hospitals One space for each two employees, plus one
space for each doctor, plus one space for each
three beds or one space for each 1,000 square
feet of gross floor area, whichever is greater.

Same
Animal veterinary hospitals and
clinics
Four spaces for each doctor, plus one space for
each two employees.

Same
127
Public uses
City, county, special districts, state,
and federal administrative offices,
excluding places of assembly
One space for each two employees, plus one
space for each vehicle used in conjunction with
the establishment, and one space for each 300
square feet of gross floor area.

Same
Public buildings and grounds, other
than administrative offices and
educational uses
One space for each two employees on the
maximum work shift, plus the number of
additional spaces prescribed by the
Commission.

Same
Utility uses

Electric distribution and transmission
substations, gas regulator stations, sewage
treatment plants, and other utility buildings
and uses
One space for each two employees on the
maximum work shift, plus one space for each
300 square feet of net floor open to the
public.

Same

Use Parking Spaces Required Downtown
Parking
District
Standards
Transportation facilities
Airports, heliports, bus stations,
truck terminals, and railroad
stations and yards
One space for each two employees on the
maximum work shift, plus the number of
additional spaces prescribed by the Commission.

Same

§ 10-3.1203 PARKING REQUIREMENTS FOR USES NOT SPECIFIED.

Where the parking requirements for a use are not specifically defined by this subchapter, the parking requirements for such use shall be determined by the Commission, and such determination shall be based upon the requirements for the comparable use specified in this subchapter. § 10-3.1204 IN LIEU PAYMENTS.

Within any parking district created under the Parking District Act of 1951 or any other Parking District Act approved by the City Council, in lieu of furnishing the parking spaces required by the provisions of this subchapter in case of the reconstruction, remodeling, or structural alteration of an existing building which has no existing off-street parking facilities or insufficient off-street parking facilities for its existing use, the parking requirements for such new, different, or expanded use may be satisfied by the payment to the city, prior to the issuance of a building permit, of the sum of $4,500 per parking space for each parking space required by the provisions of this subchapter. Such funds shall be deposited with the city in a special fund and shall be used and expended exclusively for the purpose of acquiring and developing off-street parking facilities located, insofar as practical, in the general vicinity of the buildings for which 128
the in lieu payments were made. Said parking fee shall be adjusted as required by the City Council based on the yearly increase in the Federal Consumers Price Index, or to more accurately reflect the cost of constructing off-street public parking facilities. Funds paid to the city for in-lieu parking shall not be refundable, in case of destruction or removal of the structure or land use for which the funds were paid.

All in-lieu parking fees shall be paid prior to issuance of the first permit (any business license or building permit) for which the in-lieu fees are required.
(A) Downtown parking district.

(B) The determination for allowing payment of in-lieu fees for all or a part of the on-site parking otherwise required by the provisions of this subchapter shall be made by the Planning Commission on an individual basis in response to a request for exception filed by the applicant for the proposed new, different or expanded use. Parking adjustments provided under these provisions shall not decease the number of parking spaces otherwise required by this subchapter. (C) Payment of in-lieu fees will generally be allowed only as a special exception, or applicable only under special circumstances.
(D) The Planning Commission will utilize the followings guidelines when evaluating a request for onsite parking exceptions:
(1) Payment of in-lieu fees may be considered for additions, expansions, or intensification. (2) Payment of in-lieu fees may be considered when parcel size, shape, location, or limitations on access prevent development of on-site parking that would meet the design standards of this subchapter. (3) If it is determined that providing parking on some sites will result in the loss of existing or potential on-street parking spaces due to the location of driveways or other improvements, the Planning Commission will consider the cumulative effect of providing off-street parking relative to the net gain in total parking spaces.
(4) Requests for exceptions involving properties that would otherwise be able to provide on-site parking meeting the requirements of this subchapter may be approved subject to meeting specific conditions, including but not limited to:
(a) Providing sufficient on-site parking to meet employee demands based on the maximum number on a peak shift or peak hour;
e
. (>
IHI 0
..... "
_;·• t f 1----1
~ · ~f-.>.<.-'""'LL"""
EA.ST YO$t!MITE.AV'ENUI:
. ' ," Q e " '
,; . .., : ' ...
,, C>. I,.,'\-~-
' I r0
• '.~o
,.
' ..
! C> ..,
• "
0 0
•
: : 1111
'fl,~
(~ N
WE
s
DOWNTOWN PARKING DISi RICT
l/2/00
129
(b) Providing sufficient on-site handicapped parking spaces to meet standard requirements based on the number of spaces which would otherwise be required by this subchapter without consideration of in-lieu fees;
(c) Provide loading spaces that would otherwise be required for the proposed use based on the provisions of this subchapter.
(5) The following uses shall be excluded from requesting an exception to the parking provisions of this subchapter:
(a) All residential uses;
(b) All places of assembly (theaters, churches, lodges, etc.); (c) All educational uses;
(d) All public uses.
(E) In granting an exception from the parking requirements of this subchapter and authorizing the payment of in-lieu fees, the Planning Commission must make at least one or more of the following findings:
(1) The project site for which the parking requirement applies is 5,000 square feet or less in size and has less than fifty feet (50') of street frontage.
(2) The construction of required driveway(s) for on-site parking would result in the excessive loss of curb parking on street.
(3) Because of special circumstances applicable to the property, including size, shape, location, or surroundings, the proposed use cannot conform with the strict application of the parking regulations and the property would be deprived of privileges enjoyed by other property in the vicinity. (4) The applicant, as determined by the Planning Commission, has diligently pursued meeting the parking requirements both on-site and off-site, but has been unsuccessful in meeting the requirements. (5) Exceptions shall be granted only when the establishment, maintenance, or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or general welfare of the city. (6) Any exception granted may be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located. § 10-3.1205 EXEMPTIONS FROM PARKING SPACE REQUIREMENTS. (A) Existing buildings and uses. None of the requirements of this subchapter for off-street parking spaces shall apply to the use of a building in existence on August 1, 1978. No building, as it is used on August 1, 1978, shall be deemed to be nonconforming solely by reason of the lack of off-street parking spaces, provided that any portion of the premises available for off-street parking in connection with such building shall not be utilized for any purpose other than off-street parking if necessary to meet the requirements of this subchapter.
(B) Parking districts. None of the provisions of this subchapter which require the provisions of offstreet parking spaces in connection with the use of property for commercial or industrial purposes shall apply to any parcel of existing improved property which is located within any parking district formed and existing under the Parking District Act of 1951 or any other parking district act approved by the Council, except any area within any such district which is available for off-street parking shall not be improved or changed without payment of the in lieu fees provided in § 10-3.1204. Determination of an area available for parking shall be made by the Planning Director whose determination shall be subject to review by the Planning Commission.
(C) Vacant parcels demolition and new facilities. None of the exemptions provided for in this section apply to vacant parcels of property or on parcels where existing buildings are demolished and a new facility is constructed, either in or out of a parking district. 130
§ 10-3.1206 REQUIRED IMPROVEMENT AND MAINTENANCE OF PARKING AREA.

Every lot used as a public or private parking area and having a capacity of five or more vehicles shall be developed and maintained in the following manner:
(A) Surface of parking area. Off-street parking areas shall be paved or otherwise surfaced and maintained so as to eliminate dust or mud and shall be so graded and drained as to dispose of all surface water. In no case shall such drainage be allowed to cross sidewalks, unless approved by the City Engineer.
(B) Border barricades, screening, and landscaping.
(1) Every parking area not separated by a fence from any street or alley property line upon which it abuts shall be provided with a suitable concrete curb or timber barrier not less than six inches in height, located not less than two feet from such street or alley property lines, and such curb or barrier shall be securely installed and maintained; provided, however, no such curb or barrier shall be required across any driveway or entrance to such parking area.
(2) Every parking area abutting property located in any R or PD zone shall be separated from such property by a solid wall, view-obscuring fence, or compact evergreen hedge a maximum of eight feet in height measured from the grade of the finished surface of such parking lot closest to the contiguous R or PD zone property, and a minimum of six feet in height as measured from the finished grade of the adjacent residential property; provided, however, no fence over three feet in height shall be constructed or grown to the front of any adjacent dwelling or within 25 feet of the street corner of any corner lot. (3) The lights provided to illuminate any parking area or used car sales area permitted by this subchapter shall be arranged so as to reflect the light away from any premises upon which a dwelling unit is located.
(C) Entrances and exits. The location and design of all entrances and exits shall be subject to the approval of the City Engineer.
§ 10-3.1207 GENERAL REGULATIONS AND CONDITIONS.

The following regulations and conditions shall apply to all off-street parking facilities:
(A) Size and access. Each off-street parking space shall have a width of not less than nine feet and a length of not less than 19 feet except that up to 25% of the required parking spaces may be designated for compact car use in parking lots provided for uses other than residential dwelling units and having at least ten spaces. Compact car spaces shall have a minimum width of eight feet and a minimum length of 16 feet. Every space designated to accommodate compact cars shall be clearly marked as a compact space.

Each space shall have adequate ingress and egress. Parking lot dimensions shall be set forth in the city standard specifications. When the required covered parking space for a dwelling unit is converted into a different use and occupancy, such required car space shall be relocated and covered by a garage or carport in accordance with the provisions of this chapter.
(B) Location. Off-street parking facilities shall be located as follows (where a distance is specified, such distance shall be the walking distance measured from the nearest point of the parking facility to the nearest point of the building such facility is required to serve):
(1) For single or multiple-family dwellings, parking facilities shall be located on the same lot or building site as the buildings they are required to serve; (2) For hospitals, sanitariums, rest homes, asylums, orphanages, rooming houses, lodging houses, club rooms, and fraternity and sorority houses, not more than 150 feet from the buildings they are required to serve; and
(3) For uses other than those set forth in subsections § 10-3.1207(B)(1) and (2) of this subsection, not over 300 feet from the building they are required to serve. 131
(C) Mixed occupancies in a building. In the case of mixed uses in a building or on a lot, the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately. The off-street parking facilities for one use shall not be considered as providing the required parking facilities for any other use, except as set forth in subsection § 10-3.1207(D) of this section for joint use.
(D) Joint use. The Building Department, upon an application by the owner or lessee of any property, may authorize the joint use of parking facilities by the following uses or activities under the conditions set forth:
(1) Up to 50% of the parking facilities required by this subchapter for a use considered to be primarily a daytime use may be provided by the parking facilities of a use considered to be primarily a nighttime use; up to 50% of the parking facilities required by this subchapter for a use considered to be primarily a nighttime use may be provided by the parking facilities of a use considered to be primarily a daytime use, provided such reciprocal parking area shall be subject to the conditions set forth in subsection § 10-3.1207(D)(4) of this section.
(2) Up to 100% of the parking facilities required by this subchapter for a church or for an auditorium incidental to a public or parochial school may be supplied by parking facilities of a use considered to be primarily a daytime use, provided such reciprocal parking area shall be subject to the conditions set forth in subsection § 10-3.1207(D)(4) of this section.
(3) The following uses are typical daytime uses: banks, business offices, retail stores, personal service shops, clothing or shoe repair or service shops, manufacturing or wholesale buildings and similar uses. The following uses are typical of nighttime and/or Sunday uses: auditoriums incidental to a public or parochial school, churches, dance halls, theaters, and bars. (4) Conditions required for joint use:
(a) The building or use for which application is being made for authority to utilize the existing offstreet parking facilities provided by another building or use shall be located within 150 feet of such parking facility;
(b) The applicant shall show that there is no substantial conflict in the principal operating hours of the building or uses for which the joint use of off-street parking facilities is proposed; and (c) If the building, structure, or improvement requiring parking space is in one ownership, and the required parking space provided in another ownership, partially or wholly, there shall be a recording in the office of the County Recorder of a covenant by such owner for the benefit of the city in the form first approved by the city that such owner will continue to maintain such parking space so long as the building, structure, or improvement is maintained within the city. The covenant herein provided shall stipulate that the title to and right to use the lots upon which the parking space is to be provided will be subservient to the title to the premises upon which the building is to be erected and that it is warranted that such lots are not and will not be made subject to any other covenant or contract for use without the prior written consent of the city as authorized by the Council.
(E) Common facilities. Common parking facilities may be provided in lieu of the individual requirements contained herein, but such facilities shall be approved by the Building Department as to size, shape, and relationship to business sites to be served, provided the total of such off-street parking spaces, when used together, shall not be less than the sum of the various uses computed separately. (F) Plans. Plans of the proposed parking area shall be submitted to the Building Department at the time of an application for a building permit for any building to which the parking area is accessory. The plans shall clearly indicate the proposed development, including the location, size, shape, design, curb cuts, lighting, landscaping, and other features and appurtenances of the proposed parking lot. (G) Accessibility. Parking spaces shall be easily accessible by standard-size automobiles, shall be so designed as to be accessible from a public street or alley, and shall be located so that sufficient area is available for maneuvering purposes.
(H) Stalls. No parking space shall be so located as to require the moving of any vehicle on the premises in order to enter into or proceed out of any other stall; provided, however, this provision need not apply in the event the parking facility has an attendant at all times during the use of such facility. 132
(I) Backing onto streets. Automobile parking so arranged as to require the backing of motor vehicles from a parking space, garage, or other structure onto a major street, as designated by the Council, shall be prohibited when either or both of the following conditions exist:
(1) The property is adjacent to, and contiguous to, a public alley; or (2) The width of the lot and/or the nature of the design of the existing and/or proposed structures is such that vehicles leaving the property may do so by moving in a forward direction with relation to the street.
(J) Fractional spaces. When units of measurements determining the number of required parking spaces result in a requirement of a fractional space, any fraction of ½ or greater shall require one parking space. (K) Waiting areas. Adequate ingress, egress, and waiting areas for such uses as drive-in movies, banks, and restaurants shall be provided on the subject lot as required by the City Traffic Engineer. (L) Loading spaces.
(1) In any zone, in connection with every building, or part thereof, erected on, or after, August 4, 1978, having a floor area of 5,000 square feet or more, which building is to be occupied by manufacturing, storage, warehouse, goods display, retail store, wholesale storage, market, hotel, hospital, mortuary, laundry, dry cleaning, or other uses similarly requiring the receipt or distribution by vehicles of material or merchandise, there shall be provided and maintained on the same parcel with such building at least one off-street loading space, plus one additional loading space for each additional 20,000 square feet, or fraction thereof, of gross floor area.
(2) Each loading space shall be not less than ten feet in width, 35 feet in length, and 14 feet in height. (3) No such space shall be located closer than 50 feet to any parcel in any R zone, unless wholly within a completely enclosed building, or unless screened by a solid wall not less than eight feet in height. § 10-3.1208 PARKING IN THE R ZONES.

Every parking area located in an R zone shall be governed by the following provisions in addition to those required by § 10-3.1206 of this subchapter:
(A) Such parking area shall be incidental to, and accessory to, a use permitted in the zone in which the property is located or shall be incidental to, and accessory to, a commercial or industrial use located in a commercial or industrial zone immediately adjacent to the zone in which the property is located. (B) Such parking area shall be so located that its boundary shall be adjacent to the site of the establishment to which it is accessory, except that the parking area may be separated from such site by an alley.
(C) Such parking area shall be used solely for the parking of private passenger vehicles. (D) No sign of any kind, other than one designating entrances, exits, or conditions of use, shall be maintained on any such parking lot. Any such sign shall not exceed eight square feet in area.

USE PERMITS
§ 10-3.1301 USE PERMIT PREREQUISITE TO BUILDING PERMIT.

No building permit shall be issued in any case where a use permit is required by the terms of this chapter unless and until such permit has been granted by the Commission or Council and then only in accordance with the terms and conditions of the use permit granted. Use permits, revocable, conditional, or valid for a term period, may be issued for any of the uses or purposes for which such permits are required or permitted by the provisions of this chapter. 133
§ 10-3.1302 APPLICATION.

Applications for use permits shall be made in writing to the Commission on a form prescribed by the Commission. The applications shall be filed with the Planning Director. The Planning Division shall provide forms for such purposes and may prescribe the information to be provided in such application.

Such applications shall be numbered consecutively in the order of their filing and become a part of the permanent official records of the city.
§ 10-3.1303 FILING FEE.

Each application for a use permit shall be accompanied by a fee as established by resolution of the City Council; provided, however, public agencies shall not be required to pay such fee. § 10-3.1304 INFORMATION REQUIRED WITH APPLICATION.

The application for a use permit shall set forth in detail such facts as may be required by the Commission.
§ 10-3.1305 INVESTIGATION OF APPLICATION.

The Commission shall cause to be made by its own members, or members of its staff, such investigation of facts bearing upon the application as will serve to provide all necessary information to assure that the action on each application is consistent with the intent and purposes of this chapter. § 10-3.1306 PUBLIC HEARINGS.
(A) Whenever required by the provisions of this subchapter, or whenever deemed advisable by the Planning Commission, a public hearing shall be held on an application for a use permit. Not less than ten days before such public hearing, notice shall be given of such hearing in the following manner:
(1) By one publication in a newspaper of general circulation in the city. Such notice shall state the name of the applicant, nature of the request, location of the property, the environmental determination, and the time and place of the action or hearing.
(2) Direct mailing to the owners and occupants of property located within 300 feet of the boundaries of the project site, as shown on the latest equalized assessment roll. (3) In addition, for new commercial uses to be located in an existing tenant space in any commercial area, a notice shall also be conspicuously posted on the window or door of the establishment. The notice shall be a minimum of 11 × 17 inches, contain the information specified in § 10-3.1306(A) above, and shall be brightly colored as a means of attracting attention to its content. (4) Notice shall also be given by first class mail to any person who has filed a written request with the Community Development Department. Such a request may be submitted at any time during the calendar year and shall apply for the balance of such calendar year. The city may impose a reasonable fee on persons requesting such notice for the purpose of recovering the cost of such mailing. (5) The public review period for the environmental determination shall be consistent with the requirements of the California Environmental Quality Act (negative declaration) shall not be less than 21 calendar days (30 days if State Clearinghouse review is required). (6) Substantial compliance with these provisions shall be sufficient and a technical failure to comply shall not affect the validity of any action taken pursuant to the procedures set forth in this chapter. (B) The hearing shall be held pursuant to the rules for conduct established by the Planning Commission.
134
§ 10-3.1307 ACTION BY COMMISSION.
(A) The action by the Commission upon the application for a use permit shall be by a majority of the members of the Commission present at the meeting where such application is considered. (B) In order to grant any use permit, the findings of the Commission shall first find that all of the following applybe that the establishment, maintenance, or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or general welfare of the city. For the purposes of this section the establishment, maintenance or operation of the use or building shall be deemed to be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or general welfare of the city if any of the following conditions can be found or can be reasonably expected to exist after establishment:
(1) The proposal is consistent with the General Plan and Zoning Ordinance. The commission of three or more violent felonies (crimes against the person) and/or narcotic or dangerous drug sales within the subject premises or in the area immediately adjacent thereto. (2) The proposed use will be compatible with the surrounding properties. The arrest of the owner and/or an employee for violations occurring within the subject premises, or in the area immediately adjacent thereto, which violations can be found to be reasonably related to the operation of the business. (3) The establishment, maintenance, or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or general welfare of the City.

The sustaining by the subject premises of an administrative suspension or revocation or other such sanction as may be imposed by the California State Department of Alcoholic Beverage Control, including payment in lieu of such suspension or revocation.
(4) The failure by the owner or other person responsible for the operation of the premises to take reasonable steps to correct objectionable conditions after having been placed on notice by the official of the city that such conditions exist. Such official may include, but not be limited to the: Code Enforcement Officer, Police Chief, Fire Marshall or City Attorney. Objectionable conditions may include, but not be limited to, disturbance of the peace, public drunkenness, drinking in public, harassment of passers by, gambling, prostitution, loitering, public urination, lewd conduct, drug trafficking or excessive loud noise.

Such conduct shall be attributable to the subject premises whether occurring within the subject premises or in the area immediately adjacent thereto.
(C) The Commission may designate such conditions in connection with the use permit as it deems necessary to secure the purpose of this chapter and may require such guarantees and evidence that such conditions are being or will be complied with.
(D) Use permits issued authorizing the sale of alcoholic beverages for consumption on the premises shall include a requirement that such permits shall be subject to annual review by the Planning Commission for determination of compliance with the terms and conditions of the issuance of such permits and for termination thereof, as more particularly provided in § 10-3.1311 of this code. § 10-3.1308 EFFECTIVE DATE.

No use permit granted by the Commission shall become effective until after an elapsed period of 105 days from the date of the action by the Commission.
§ 10-3.1309 APPEALS.
135
During the period of 105 days referred to in § 10-3.1308 of this subchapter, written appeal from the action of the Commission may be taken to the Council by any person aggrieved or affected by any determination by the Commission in connection with any application for a use permit or upon failure of the Commission to make its determination on any application within 30 days from the date of receipt by the Commission from the Planning Director of the application. Such appeal shall be filed in triplicate with the City Clerk and shall state the grounds therefor and wherein the Commission failed to conform to the requirements of this chapter. The City Clerk shall forthwith transmit one copy of the appeal to the Planning Director. The appeal shall stay all proceedings in furtherance of the action appealed from until the determination of the appeal, and the use permit shall not become effective until the determination of the appeal.
§ 10-3.1310 ACTION ON APPEALS BY COUNCIL.
(A) The Council, at its next duly held meeting, shall set a date and time for a public hearing on the appeal and shall cause notice of such hearing to be posted in the vicinity of the property described in the application.
(B) The Commission shall submit to the Council a report setting forth the reasons for the action taken by the Commission, or a member of the Commission shall be present at such public hearing to represent the Commission.
(C) The Council shall render its decision within 60 days after the filing of such appeal. (D) Review by the Council is de novo. The Council may, by resolution, affirm, reverse, or modify, in whole or in part, any decision, determination, or requirement of the Commission but before granting any appealed petition which was denied by the Commission, or before changing any of the conditions imposed by the Commission in a use permit granted by the Commission, the Council shall make a written finding of fact setting forth wherein the Commission's findings were in error. (E) A five-sevenths vote of the whole of the Council shall be required to grant, in whole or in part, any appealed application denied by the Commission.
§ 10-3.1311 TERMINATION AND REVOCATION.
(A) Any use permit granted by the city as herein provided shall be conditioned upon the privileges granted therein being utilized within 12 months after the effective date thereof. Failure to utilize such permit within such 12-month period shall render the permit null and void unless a written request for extension is submitted to the Planning Commission prior to the expiration of the permit. The Planning Commission shall review the request at its next regular meeting and may grant or conditionally grant an extension as it deems appropriate. Use permits utilized but later abandoned for a period of 12 consecutive months shall automatically terminate unless a written request for extension is submitted and approved as described in this section.
(B) All use permits which have been granted as provided in this chapter may be revoked by the Commission after a hearing as set forth below in the event the user of such permit, or his or its successor in interest to the real property in favor of which the permit was granted, breaches or fails to abide by any of the conditions designated in such permit, or conducts any use or activity on such property contrary to the provisions of this code, provided, however, special rules and regulations apply to use permits issued authorizing the sale of alcoholic beverages. Use permits which have been granted as provided in this chapter authorizing the sale of alcoholic beverages for consumption on [or off] the premises shall be subject to annual review for a determination of compliance with all of the terms and conditions of the issuance of the permit and to determine the existence of conditions or occurrences that are or may contribute to the detriment of the health, safety, peace, morals, comfort and general welfare of the persons 136
residing or working in the neighborhood of the use or detrimental or injurious to property and improvements in the neighborhood or general welfare of the city. For the purposes of this section the establishment, maintenance or operation of the use or building shall be deemed to be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or general welfare of the city if any of the following conditions can be found to exist:
(1) The commission of three or more violent felonies (crimes against the person) and/or narcotic or dangerous drug sales within the subject premises or in the area immediately adjacent thereto. (2) The arrest of the owner and/or an employee for violations occurring within the subject premises, or in the area immediately adjacent thereto, which violations can be found to be reasonably related to the operation of the business.
(3) The sustaining by the subject premises of an administrative suspension or revocation or other such sanctions as may be imposed by the California State Department of Alcoholic Beverage Control, including payment in lieu of such suspension or revocation or other sanction. (4) The failure by the owner or other person responsible for the operation of the premises to take reasonable steps to correct objectionable conditions after having been placed on notice by the official of the city that such conditions exist. Such official may include, but not be limited to the: Code Enforcement Officer, Police Chief, Fire Marshall or City Attorney. Objectionable conditions may include, but not be limited to, disturbance of the peace, public drunkenness, drinking in public, harassment of passers by, gambling, prostitution, loitering, public urination, lewd conduct, drug trafficking or excessive loud noise.

Such conduct shall be attributable to the subject premises whether occurring within the subject premises or in the area immediately adjacent thereto.

If at such annual review the Planning Commission finds based on the evidence presented that there have been three or more incidents as described above, the use permit issued for such premises may be revoked. (C) No use permit shall be revoked without the Commission's having first held a hearing thereon after having delivered written notice of such hearing at least five days prior thereto to the permittee at the address of the property which is the subject of such permit, or, if the property is unimproved, to the address of the owner thereof as shown on the last equalized assessment roll in the office of the Assessor of the county.
(D) The City Staff is hereby authorized and directed to monitor the uses of property where alcoholic beverages are sold for consumption on or off the premises for which a use permit has not been issued because of their existence before use permits were required but which uses have been continued as legal non-conforming uses. Such monitoring shall include an annual review of such operations as required by Section 10-3.1311 of the Municipal Code. If the Planning Commission finds the existence of the matters set forth in Section 10-3.1311 of the Municipal Code, such findings shall constitute a determination that such use of the property is detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such use and is detrimental or injurious to property and improvements in the neighborhood and general welfare of the city, and the Commission shall, at their discretion, refer the matter to the Code Enforcement Officer for abatement, submit a letter to the State Alcoholic Beverage Commission for initiation and/or inclusion in a nuisance file for the subject property, or submit to the Council the Commission's recommendation for abatement of such use as a public nuisance. For the purposes of this section the establishment, maintenance or operation of the use or building shall be deemed to be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or general welfare of the city if any of the following conditions can be found or can be reasonably expected to exist after establishment:
(1) The commission of three or more violent felonies (crimes against the person) and/or narcotic or dangerous drug sales within the subject premises or in the area immediately adjacent thereto. (2) The arrest of the owner and/or an employee for violations occurring within the subject premises, or in the area immediately adjacent thereto, which violations can be found to be reasonably related to the operation of the business.
137
(3) The sustaining by the subject premises of an administrative suspension or revocation or other such sanctions as may be imposed by the California State Department of Alcoholic Beverage Control, including payment in lieu of such suspension or revocation. (4) The failure by the owner or other person responsible for the operation of the premises to take reasonable steps to correct objectionable conditions after having been placed on notice by an official of the city that such conditions exist. Such official may include, but not be limited to the Code Enforcement Officer, Police Chief, Fire Marshall or City Attorney. Objectionable conditions may include, but not be limited to, disturbance of the peace, public drunkenness, drinking in public, harassment of passers by, gambling, prostitution, loitering, public urination, lewd conduct, drug trafficking or excessive loud noise.

Such conduct shall be attributable to the subject premises whether occurring within the subject premises or in the area immediately adjacent thereto.
(E) The City Council shall, upon receipt of a recommendation for action on or against an establishment from the Planning Commission, set the item for a public hearing at the earliest opportunity. Such action on or against an establishment may include, but not be limited to, the endorsement and forwarding of a letter addressed to the local field office of the State Alcoholic Beverage Commission, outlining a specific complaint or complaints against an establishment, or direction to staff to commence abatement of the establishment as a public nuisance, or referral of the matter to the Code Enforcement Division.

Commencement of such action shall not prevent the City Council from ordering the City Attorney to commence civil action to abate a nuisance in addition to, or in conjunction with, the proceedings set forth above; nor shall anything in this chapter prevent the city from commencing a criminal action with respect to the nuisance in addition to, or in conjunction with the proceedings set forth in this chapter. § 10-3.1312 USE PERMIT - LARGE FAMILY DAY CARE HOMES.
(A) Application procedure.
(1) Applications for large family day care homes shall be processed in accordance with the provisions of this section. For the purposes of this section, LARGE FAMILY DAY CARE HOME(S) shall mean a day care home which provides care consistent with Cal. Health and Safety Code § 1596.78(b).
(2) The applicant shall pay a fee as set forth in the Madera Planning Processing Fee Schedule as set by resolution of the City Council.
(3) Application for a large family day care home use permit shall be filed with the Planning Department in accordance with the requirements of § 10-3.1302. (4) No less than ten days prior to the date on which the decision will be made on the application, the Planning Director, or his or her designee, shall give notice of the proposed use by mail to all owners shown on the last equalized assessment roll as owning real property within 100 feet of the exterior boundaries of the site of the proposed use.
(5) If no hearing is requested by the applicant, or other affected person, the Planning Director shall approve, approve in modified form, or deny the application. The Planning Director shall grant the use permit if the proposed large family day care home, as applied for or as conditioned, complies with the standards set forth in this section.
(6) If a hearing is requested by the applicant, or other affected person, a public hearing shall be held before the Planning Commission prior to a decision being made. No public hearing shall be held unless such a hearing is requested.
(7) Upon close of the public hearing, if a hearing has been requested, the Planning Commission shall approve, approve in modified form, or deny the application. The Planning Commission shall grant the use permit if the proposed large family day care home, as applied for or as conditioned, complies with the standards set forth in this section.
138
(8) Any action of the Planning Director on the application of a use permit for a large family day care home may be appealed to the Planning Commission. Any action on the application of a use permit for a large family day care home of the Planning Commission may be appealed to the City Council. (9) No person shall operate a large family day care home in any single-family residential zone without first obtaining a use permit in compliance with the standards as set forth in division (B) of this section.
(B) Large family day care standards. The Planning Director or Planning Commission shall grant an application for a use permit to operate a large family day care home if it finds that all of the following standards have been met, and shall require that such standards be met at all times and maintained throughout the use of the permit by the proposed operator:
(1) The operator shall reside in the home, and the home shall be the operator's legal principal residence. The operator shall provide adequate written evidence of its residency. (2) The use of the home as a large family day care home shall be clearly incidental and secondary to the primary residential use of the home and property.
(3) The property and home shall not have been altered or structurally changed in a way which is adverse to the character or appearance of the neighborhood or residential zone. (4) One off-street parking space shall be provided for each non-resident employee. Such parking space shall be in addition to the minimum parking requirements applicable to the property consistent with the provisions of this chapter, including, but not limited to, provisions applicable to legal, nonconforming residential buildings. The residential driveway is acceptable so long as the parking space does not conflict with any required child drop-off/pickup area and does not block the public sidewalk or rightof-way. (5) The garage shall not be used for any purpose relating to the care giving of the children unless it has been converted in accordance with the provisions of this chapter. Replacement parking (if needed) shall be sufficient to comply with the requirements of this chapter, including the provisions of this section.
(6) Sufficient procedures for the loading and unloading of children from vehicles shall have been submitted by applicant. If there is not sufficient on-street parking to allow for the safe loading and unloading of children from vehicles, the driveway shall be used for this purpose. The public sidewalk and/or right-of-way shall not be blocked while completing the loading and unloading process. Double parking in the street is prohibited. The applicant shall be responsible for the safe loading and unloading of children and shall distribute a notice of loading and unloading procedures to all persons that utilize services of the large family day care home. The day care provider is responsible for adherence to these rules.
(7) If the residence is located on a major arterial street, there must be a drop-off/pickup area designed to prevent vehicles from backing onto the major arterial roadway. (8) No signs or other indicia may be used to identify the residence as a large family day care home, and no such signs or indicia may be visible from the right-of-way. (9) There shall be a minimum distance of 300 feet between the parcel on which the large family day care home is located and the nearest parcel containing a licensed large family day care home. (10) No more than one large family day care home shall be permitted within a 500 foot radius of any child day care facility or elementary school.
(11) The applicant shall be in compliance with all applicable regulations of the Fire Department and the Building Official regarding health and safety requirements. (12) The applicant shall have applied for a large family day care home license from the State of California, Department of Social Services.
(13) The applicant shall not allow smoking within the residence when any of the children being cared for are present in the residence.
(14) Large family day care homes shall not create noise levels in excess of those allowed in singlefamily residential areas in the noise element of the General Plan. The Planning Commission may impose 139
reasonable limits on the hours of operation of the large family day care home in order to ensure that these limits are met.

VARIANCES
§ 10-3.1401 NECESSITY.
(A) Where practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of this chapter may result from the strict and literal application of any of the provisions of this chapter, a variance may be granted as provided in this subchapter. All acts of the Commission and Council under the provisions of this subchapter shall be construed as administrative acts performed for the purpose of assuring that the intent and purposes of this chapter shall apply in special cases, as provided in this subchapter, and shall not be construed as amendments to the provisions of this chapter or the zoning maps.
(B) No variance shall be granted to authorize the use of land which is not in conformity with the use regulations specified for the district in which the land is located. § 10-3.1402 NECESSARY CONDITIONS.

Variances shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of the zoning regulations deprives such property of privileges enjoyed by other property in the vicinity under identical zoning classifications. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located. § 10-3.1403 APPLICATIONS.

Applications for variances shall be made in writing to the Commission on forms prescribed by the Commission. The application shall be filed with the Planning Director. The Planning Division shall provide forms for such purposes and may prescribe the information to be provided in such application.

Such applications shall be numbered consecutively in the order of their filing and shall become a part of the permanent official records of the city. Copies of all notices, reports, and actions pertaining to the application shall be attached.
§ 10-3.1404 FILING FEE.

Each application for a variance shall be accompanied by a fee in an amount as established by resolution of the City Council. The requirement of the filing fee shall not apply to public agencies. § 10-3.1405 INFORMATION REQUIRED WITH APPLICATION.

The application for a variance shall set forth in detail such facts as may be required by the Commission and as may relate to the conditions specified in § 10-3.1402 of this subchapter and shall be accompanied by:
140
(A) A legal description of the property involved and the proposed use, with plot plans showing locations of all proposed buildings or facilities as well as existing buildings and a description of the proposed use;
(B) A reference to the specific provisions of this chapter from which such property is sought to be excepted; and
(C) Evidence of the ability and intention of the applicant to proceed with actual construction work in accordance with such plans within 90 days from the date of granting the application. § 10-3.1406 INVESTIGATION OF APPLICATIONS.

The Commission shall cause to be made by its own members, or members of its staff, such investigation of facts bearing upon such application as will serve to provide all necessary information to assure that the action on each such application is consistent with the intent and purposes of this chapter and with previous amendments, variances, or modifications.
§ 10-3.1407 NOTICE OF PUBLIC HEARING.
(A) Whenever required by the provisions of this subchapter, or whenever deemed advisable by the Planning Commission, a public hearing shall be held on an application for a variance. Not less than ten days before such public hearing, notice shall be given of such hearing in the following manner:
(1) By one publication in a newspaper of general circulation in the city. Such notice shall state the name of the applicant, nature of the request, location of the property, the environmental determination, and the time and place of the action or hearing.
(2) Direct mailing to the owners and occupants of property located within 300 feet of the boundaries of the project site, as shown on the latest equalized assessment roll. (3) In addition, notice shall also be given by first class mail to any person who has filed a written request with the Community Development Department. Such a request may be submitted at any time during the calendar year and shall apply for the balance of such calendar year. The city may impose a reasonable fee on persons requesting such notice for the purpose of recovering the cost of such mailing. (4) Substantial compliance with these provisions shall be sufficient and a technical failure to comply shall not affect the validity of any action taken pursuant to the procedures set forth in this chapter. (B) The hearing shall be held pursuant to the rules for conduct established by the Planning Commission.
§ 10-3.1408 PUBLIC HEARING.

Public hearings for variance applications shall be held before the Commission at the time and place for which public notice has been given. The Commission may establish its own rules for the conduct of such hearing. Any such hearings may be continued, provided, prior to the adjournment or recess thereof, the presiding officer at such hearing announces the time and place to which such hearing will be continued. § 10-3.1409 ACTION BY THE COMMISSION.

Within 30 days after the conclusion of the public hearing thereon, the Commission shall grant the variance with such conditions as it deems necessary or shall deny the variance. In the event of the granting of a variance, the Planning Director shall notify the applicant therefor of such granting in writing, and such variance shall be effective upon execution by the applicant of an acceptance thereof and agreement to abide by all the conditions attached thereto. 141
§ 10-3.1410 APPEALS TO THE COUNCIL.

Any applicant for a variance aggrieved by the action of the Commission upon such application may appeal the decision of the Commission to the Council. Such appeal shall be made within ten calendar days after receipt of notice of the action of the Commission and shall be submitted in writing to the City Clerk.

Thereafter, the Council may affirm, modify, or reverse the decision of the Commission as it deems fit.

Failure of the Council to take action upon such appeal within 30 days after consideration of any such appeal at a Council meeting shall constitute an affirmance of the action of the Commission unless specifically otherwise stated by minute order of the Council before the expiration of such 30-day period. § 10-3.1411 TERMINATION.

If the use authorized by any variance is or has been unused, abandoned, or discontinued for a period of six months, or if the conditions of the variance have not been complied with, the variance shall become null and void and of no effect; excepting that where construction of buildings, structures, and/or facilities is necessary, work on such construction shall be actually commenced within the aforesaid six-month period and shall be diligently prosecuted to completion; otherwise the variance shall be automatically null and void and of no effect.

ZONING TEXT AND MAP AMENDMENTS
§ 10-3.1501 NECESSITY.

Whenever the public necessity, convenience, general welfare, or good zoning practices require, this chapter may be amended by changing the zone boundaries or by changing any other provisions hereof. § 10-3.1502 INITIATION OF PROCEDURE.

An amendment may be initiated by:
(A) Resolution of intention of the Council;
(B) Resolution of intention of the Commission or the Director; or (C) The verified application of one or more of the owners of the property within the area proposed to be changed.
§ 10-3.1503 APPLICATION FOR CHANGE.

Applications for any change of zone boundaries or reclassification of zones or change of any other provision of this chapter shall be filed with the Planning Director. Such applications shall be upon forms and accompanied by such data and information as may be prescribed for that purpose by the Commission so as to assure the fullest practicable presentation of facts for the permanent record. § 10-3.1504 FILING FEE.

Each application for any change of zone boundaries shall be accompanied by a fee as established by resolution of the City Council, no part of which shall be returnable to the applicant. § 10-3.1505 INVESTIGATION.
142
The Commission shall cause to be made by its own members, or members of its staff, such investigation of facts bearing upon such application as will serve to provide all necessary information to assure that the action on each such application is consistent with the intent and purposes of this chapter. Any failure to conduct an investigation will not invalidate any proceedings for amendment of this chapter. § 10-3.1506 NOTICES.
(A) Any amendment to this title, other than an amendment which changes any property from one zone to another, or which imposes any regulation relating to the use of buildings, structures, and land, or the location, height, sizes of buildings, or sizes of yards, courts, and open spaces, or which establishes building setback lines along any street, road, or alley, shall be considered by the Planning Commission at a public hearing for the purpose of providing a recommendation to the City Council. Not less than ten 20 days prior to a public hearing of the Planning Commission and not less than 10 days before such public hearing of the City Council, notice shall be given of such hearing in the following manner: by one publication in a newspaper of general circulation in the city. Such notice shall state the name of the applicant, nature of the request, location of the property, the environmental determination, and the time and place of the action or hearing.
(B) In the event a proposed amendment changes any property form one zone to another, or imposes any regulation relating to the use of buildings, structures, and land, or the location, height, sizes of buildings, or sizes of yards, courts, and open spaces, or which establishes building setback lines along any street, road, or alley, the following additional notice shall be provided for a public hearing:
(1) Direct mailing to the owners and occupants of property located within 300 feet of the boundaries of the project site, as shown on the latest equalized assessment roll. (2) In addition, notice shall also be given by first class mail to any person who has filed a written request with the Community Development Department. Such a request may be submitted at any time during the calendar year and shall apply for the balance of such calendar year. The city may impose a reasonable fee on persons requesting such notice for the purpose of recovering the cost of such mailing. (3) The public review period for the environmental determination (negative declaration) shall not be less than 21 calendar days (30 days if State Clearinghouse review is required) shall be consistent with the requirements of the California Environmental Quality Act. (4) Substantial compliance with these provisions shall be sufficient and a technical failure to comply shall not affect the validity of any action taken pursuant to the procedures set forth in this chapter. § 10-3.1507 PUBLIC HEARING.

Public hearings, as required by the provisions of this subchapter, shall be held before the Commission which may establish its own rules for the conduct thereof. Any such hearing may be continued by oral pronouncement prior to its close and such pronouncement shall serve as sufficient notice of such continuance and without recourse to the form and manner of public notice as provided for in this subchapter.
§ 10-3.1508 FINDINGS OF THE COMMISSION.

After the conclusion of the public hearings, the Commission shall render a report and recommendation to the Council within 90 days after the notice of the first of such hearings provided that such time limit may be extended upon the mutual agreement of the parties having an interest in the proceedings. Failure of the Commission so to report within 90 days without the aforesaid agreement shall be deemed to constitute an a recommendation of approval of the proposed amendment by the Commission. 143
§ 10-3.1509 ACTION BY COUNCIL.
(A) Upon receipt of such report from the Commission or upon the expiration of 90 days, the Council shall set the matter for public hearing, notice of which shall be given by one publication not less than ten days before the date of the hearing in a newspaper of general circulation within the city; provided, however, if the matter under consideration concerns the change of property from one zone to another, and the Commission has recommended against the adoption of such amendment, the Council need not take any further action thereon unless the Council so desires or unless an interested party shall request a hearing thereon by filing a written request with the City Clerk within five days after the Commission files its recommendations with the Council.
(B) After the conclusion of such hearing, the Council may adopt the amendment, or any part thereof, set forth in the petition in such form as the Council may deem to be advisable. § 10-3.1510 USE PERMITS REQUIRED.

From and after the date of adoption of the Resolution of Intention by the Council or the Commission, or on the date of filing of the verified application with the Commission for a proposed change of zone or zone boundaries, all uses within the area proposed to be changed shall be permitted only upon first securing in each case a use permit from the Commission. All uses permitted pursuant to such use permits shall be limited to the uses allowable within the existing zone of such area. In the event the proposal to change the zone is for a more restricted zone, the Commission may restrict the uses within such area to the more restricted proposed zone.
§ 10-3.1511 SPECIAL ZONING EXCEPTIONS.

Notwithstanding any other provisions of this chapter, if an application for a change of zone boundaries or reclassification of zones is filed with the Commission, accompanied by a proposal for the use of such property as hereinafter set forth, the Commission may recommend that the Council, instead of granting or denying such application, authorize the issuance of a special zoning exception which will permit the development or use of such property in accordance with such proposed development Before consideration by the Commission or Council of the granting of a special zoning exception, an applicant shall submit all of the following information:
(A) Three prints of a site plan drawn to scale which shall contain the following information:
(1) Lot dimensions;
(2) Location, elevations, size, height, and the proposed use of all buildings and structures; (3) Location and dimensions of yards and spaces between buildings; (4) Location, height, and type of construction of walls and fences; (5) Location of off-street parking facilities, including the number of spaces, the dimensions of the parking area, and the internal circulation pattern;
(6) Access points for pedestrians, vehicular and service traffic, and internal circulation; (7) Location, size, and height of any proposed signs;
(8) Loading areas, including the dimensions, the number of spaces, and the internal circulation; (9) Location and general nature and hooding devices for lighting; (10) Dedications for public use and proposed improvements; and (11) Landscaping and such other data as may be required by the Planning Engineer or the Commission; and
(B) Facts which will enable the Commission to find all of the following:
(1) That if a special zoning exception is granted, there will be compliance with all the applicable provisions of this code; and
144
(2) That the public health, safety, and welfare will not be affected or that damage or prejudice to other property or improvements in the vicinity will not result if a special zoning exception is allowed. § 10-3.1512 EXCEPTIONS PROCEDURE.

If an application is submitted to the Planning Engineer in accordance with the provisions of § 10-3.1511 of this subchapter, all other provisions of this subchapter shall apply to the processing of the application for the proposed change in zone boundaries; provided, however, if a special zoning exception is authorized by the Council, after the conclusion of the public hearing upon the application for the change in zone boundaries, no action shall be taken by the Council to effectuate any such change until it has been determined that all of the conditions of the granting of the special exception have been met. Each special zoning exception shall specify a certain date on, or before, which work upon the proposed use of the land shall have been commenced to the satisfaction of the Planning Engineer. The failure of an applicant or his or her successor in interest to the property involved to commence such work within such time shall nullify the special zoning exception, and the application for the change of zone shall be deemed denied. § 10-3.1513 CONDITIONS.

Special zoning exceptions may be granted in accordance with this subchapter subject to any or all of the conditions hereinafter set forth by way of example only and not by way of limitation:
(A) Construction of special yards, spaces, and buffers; (B) Construction of fences and walls;
(C) Surfacing of parking areas to city specifications;
(D) Dedication of property for public use and completion of improvements, including service roads or alleys;
(E) Regulation of points of vehicular ingress and egress; (F) Regulation of signs;
(G) Completion of landscaping and provisions for the maintenance thereof; (H) The establishment of restrictions to control noise, vibration, odors, and other similar characteristics;
(I) The posting of faithful performance and labor and materials' bonds in amounts recommended by the City Engineer to insure completion of any public improvements which are required to be made as a condition of the granting of the zoning exception. Such work shall be completed within the time specified by the Council; provided, however, if no time is specified by the Council, such work shall be completed in one year from the date the special zoning exception is approved; and (J) Such other conditions as will make possible the development of the city in an orderly and efficient manner in conformity with the intent and purposes set forth in this chapter. § 10-3.1514 BUILDING PERMITS.

Before any building permit shall be issued for any building or structure proposed as part of the approved site plan referred to in § 10-3.1511 of this subchapter, the Building Inspector shall secure written approval from the Planning Engineer that the proposed building location is in conformity with the site plan and conditions approved by the Council. Before a building may be occupied, the Building Inspector shall certify to the Planning Engineer that the site has been developed in conformity with the site plan and conditions approved by the Council.
§ 10-3.1515 REZONING UPON COMPLETION OF WORK.
145
Upon the development and use of property in accordance with the provisions of § 10-3.1513 of this subchapter, the district, or part thereof, for which the special zoning exception was granted shall be thereupon rezoned, altered, amended, and established in accordance with the original application, or as set forth in the order of the Council made at the time such zoning exception was granted.

INTERPRETATION, ENFORCEMENT, VIOLATIONS, AND PENALTIES
§ 10-3.1601 INTERPRETATION .
(A) The Commission shall have the power to hear and decide appeals based on the enforcement or interpretation of the provisions of this chapter.
(B) In the event an applicant is not satisfied with the action of the Commission on any particular matter, he or she may, within 105 days from the date of such action, appeal in writing to the Council. (C) The appeal to the Council shall set forth specifically wherein the Commission's findings were in error and wherein the public necessity, convenience, and welfare or good zoning practices require such change.
(D) Notice shall be given to the Commission of such appeal, and a report shall be submitted by the Commission to the Council setting forth the reasons for action taken by the Commission, or the Commission shall be represented at the Council meeting. (E) The Council shall render its decision within 30 days following the filing of such appeal. § 10-3.1602 ENFORCEMENT.
(A) Issuance of permits and licenses. All departments, officials, and public employees of the city vested with the duty or authority to issue permits and licenses shall conform to the provisions of this chapter. No permit or license for uses, buildings, or purposes in conflict with the provisions of this chapter shall be issued. Any permit or license issued in conflict with the provisions of this chapter shall be null and void. It shall be the duty of the Planning Director to enforce the provisions of this chapter pertaining to the erection, construction, reconstruction, moving, conversion, alteration, or addition to any building by structure.
(B) Approval of Planning Director. Before issuing a business license for any new business, or before issuing a business license for a new location of any existing business activity, the Finance Department shall obtain the approval of the Planning Director respecting compliance with the provisions of this chapter.
§ 10-3.1603 VIOLATIONS OF CHAPTER; DECLARATION OF NUISANCE. (A) Any person, whether as principal, agent, employee, owner, occupant, tenant, lessee or otherwise, violating or causing the violation of any of the provisions of this chapter, except §§ 10-3.1603(B)(12), (B)(13) or (B)(17) is specifically declared to be guilty of a misdemeanor. Any person, whether as principal, agent, employee, owner, occupant, tenant, lessee or otherwise, violating or causing the violation of any of the provisions of §§ 10-3.1603(B)(12), (B)(13) or (B)(17) of this chapter is specifically declared to be guilty of an infraction. Any building or structure set up, erected, constructed, operated, or maintained contrary to the provisions of this chapter, and any use of any land, building or premises established, conducted, operated, or maintained contrary to the provisions of this chapter and any uses of real property as hereinafter set forth shall be and are declared unlawful and a public nuisance. 146
(B) In addition and supplemental to the terms and provisions of this chapter, the hereinafter activities of any person owning, leasing, occupying, or having charge or possession of real property in this city are declared a public nuisance and shall be abated as hereinafter set forth. The conduct consists of the following:
(1) The maintenance of any building or property in such a manner as to constitute a fire hazard or danger to human life or the maintenance or failure to maintain the property so as to constitute a fire hazard or a likely habitat for vermin or to maintain property, the topography or configuration of which, whether a natural state or as a result of grading operations, causes or will cause erosion, subsidence, or surface water run-off problems which will or may be injurious to the public health, safety, and welfare to adjacent or nearby properties;
(2) To maintain or fail to maintain property or any building or structure thereon, so that it is found, as provided in this chapter, to be defective, unsightly, defaced, or in such condition of deterioration or disrepair that it causes or will cause an ascertainable diminishment of the property values of surrounding properties or is otherwise materially detrimental to adjacent and nearby properties and improvements. The term DEFACED as used herein includes, but is not limited to, writings, inscriptions, figures, scratches, or other markings commonly referred to as GRAFFITI;
(3) To abandon or vacate any structure so that it becomes readily available to unauthorized persons, including, but not limited to, juveniles and vagrants. Such abandonment or vacation shall be presumed when a building or structure which is uninhabited or unused is unsecured and when the public can gain entry without consent of the owner or is a partially constructed, reconstructed, or demolished building or structure upon which work is abandoned, such abandonment being deemed to exist when there is no valid and current building or demolition permit or where there has not been any substantial work on the project for a period of six months or more;
(4) The maintenance or the failure to maintain any real property, structures, or uses or activities thereon in violation of any of the provisions of titles 3, 4, 5, 7, 9 and 10 of the City Municipal Code, or as specified in Cal. Health & Safety Code §§ 17920.3 et seq., or of the State Housing Law or § 104 of the Uniform Code for Building Conservation or the storage, discharge, holding, handling, maintaining, using, or otherwise dealing with hazardous substances as defined by the State Health and Safety Codes or the Superfund Amendments and Reauthorization Act of 1986, Title 3 or other federal laws relating thereto in violation of such regulations;
(5) The maintenance of or allowing to be maintained on any real property, any labor supply camp, labor camp, or temporary labor camp as defined in the Health and Safety Code of the State unless specifically authorized in the zoning district in which the property is located; (6) The keeping or maintaining of any animal, reptile, fowl, insect, or other living thing in such a manner as to pose a threat, disturbance, danger, or menace to persons or property of another, including public property;
(7) The maintenance or operation of any machinery which by reason of dust, exhaust, or fumes creates a health or safety hazard;
(8) The parking, storage, or maintenance of any of the following items in residential areas except as otherwise allowed in this code;
(a) Any airplane or other aircraft or parts thereof in any front or side yard; (b) Any construction or commercial equipment, machinery, vehicles, or material except such equipment or material temporarily located on the property as may be required for construction or installation of improvements or facilities on the property; (c) Special mobile equipment as defined in Cal. Veh. Code § 575 or other sections for any period in excess of 72 consecutive hours in a front or side yard unless such items are either in an accessory building constructed in accordance with the provisions of the City Municipal Code or in any area which provides for a five foot set-back from any property lines. In no event shall any such equipment be parked, stored, or kept within five feet of any exit, including exit windows. (9) The keeping, operating, or maintaining any motor vehicle which has been wrecked, dismantled, or disassembled or any part thereof on any property in a residential zone in excess of 72 consecutive 147
hours unless the same is either in an accessory building constructed in accordance with the provisions of the City Municipal Code or completely concealed from public view behind a solid fence or wall constructed in accordance with the provisions of the Municipal Code; (10) The keeping, maintenance, or storage of any refrigerator, washing machine, sink, stove, heater, boiler, tank, or any other household equipment, machinery, or furniture other than furniture designed for use in outdoor activities for a period in excess of 72 consecutive hours, on any property, provided, however, this prohibition shall not preclude the maintenance of machinery installed in the rear set-back area of property for household or recreational use, furniture designed and used for outdoor activities, and items stored or kept within an enclosed storage structure or unit; (11) The wrecking, dismantling, disassembling, manufacturing, fabricating, building, remodeling, assembling, repairing, painting, washing, cleaning, or servicing in any set-back area of any airplane, aircraft, motor vehicle, boat, trailer, machinery, equipment, appliance or appliances, furniture, or other personal property;
(12) The use of any trailer, camper, recreational vehicle, or motor vehicle for living or sleeping quarters in any place in the city outside of a lawfully operated mobile home park or travel trailer park.

This shall not prevent bona fide guests of a city resident from occupying a trailer, camper, or recreation vehicle on residential premises with the consent of the resident or land-owner for a period not to exceed 72 hours. Any such trailer, camper, or recreational vehicle so used shall not discharge any waste or sewerage into the city sewer system except through the residential discharge connection of the residential premises on which such trailer, camper, or recreation vehicle may be parked. No such trailer, camper, or recreation vehicle shall be stored in such a way as to encroach upon, extend over, or remain in any public right-of-way or in any area so as to cause an impedance to passage or traffic hazard, or be allowed to remain in any place or in such a way that it will or may be injurious to the public health, safety, or welfare. No person shall park or leave standing a recreational vehicle trailer, including but not limited to any camp trailer, vehicle transportation trailer, trailer coach or boat trailer, regardless of width, on any street, alley or public right-of-way in the city for a period exceeding 72 hours. (13) The placing, hanging, affixing, maintaining or otherwise displaying upon any fence, wall, tree, bush, plant, or any other structure or portion thereof, any clothes, linens, rugs, fabrics, carpets, rags, or any other similar item except upon a clothesline apparatus constructed and maintained for the purpose of placing such items outside for drying. The placement of such clothesline(s) shall be prohibited within any required front yard or street side yard setback area;
(14) The maintaining of any condition, instrumentality or machine located outside of any structure on any premises, which is or may be unsafe or dangerous to children by reason of their inability to appreciate the peril therein, and which may reasonably be expected to attract children to the premises and risk injury by playing with, in, or on it, including but not limited to abandoned, broken or neglected equipment, machinery, appliances, refrigerators and freezers, hazardous pools or ponds, uncapped or otherwise dangerous wells, and excavations. This subsection shall not apply to equipment or machinery which is being temporarily used for repair or maintenance of a structure or premises, and which is under the direct supervision of the person(s) performing such maintenance or repair. This subsection shall not apply to swimming pools which are properly constructed and maintained in conformance with applicable regulations, laws and ordinances;
(15) The maintaining of unpainted buildings and those having dry rot, warping or termite infestation or the maintaining of any building on which the condition of the paint has become so deteriorated as to permit decay, excessive checking, cracking peeling, chalking, dry rot, warping or termite infestation as to render the building unsafe or in a state of disrepair inconsistent with the condition of the surrounding neighborhood;
(16) The maintaining of buildings with windows containing broken glass or no glass at all, where the window is of a type which normally contains glass;
(17) The maintaining of trees, weeds, or other types of vegetation that are dead, decayed, infested, diseased, overgrown, likely to harbor rats, vermin or other nuisances or which obstruct the view of drivers on public streets or private driveways, or which impede, obstruct or deny pedestrian or other lawful travel 148
on sidewalks, walkways, or other public rights-of-way. The following conditions of vegetation shall be deemed to be a non-exclusive list of nuisances:
(a) A tree with limbs overhanging a street or sidewalk where such limbs are less than ten feet above such street or sidewalk;
(b) A hedge, bush or shrub overhanging a street or sidewalk; (c) A hedge, bush or shrub on a corner lot within the triangular area formed by a line connecting points 20 feet from the intersection of projected street property lines with the point of the intersection of street property lines if such hedge, bush or shrub is more than 30 inches high from the surface of the ground;
(d) The limb of a tree or a hedge, bush or shrub which is so situated in or above the space between a sidewalk and the curb, as to obscure and impair the reading by motorists in the abutting portion of the street, of stop signs or other traffic signs or control devices; (e) Turf in excess of eight inches in height. For purposes of this section, the term TURF shall mean a thick-matted groundcover material consisting of one or several types of grasses, which is grown on open space areas.
§ 10-3.1604 ABATEMENT.

Any public nuisance found, as provided in this chapter, to exist on or be associated with any real property, shall be abated by the procedures set forth in this chapter. § 10-3.1605 COMMENCEMENT OF PROCEEDINGS.

Whenever the Director or Chief, as appropriate, of a responsible department (hereinafter DIRECTOR) reasonably believes a nuisance exists, he or she shall commence abatement proceedings. The Director of Community Development shall have responsibility for abating nuisance pertaining to the building and zoning ordinances regulations of the City, Titles 9 and 10, respectively, of the City Municipal Code; and the Director of Public Works, City Engineer, Fire Chief, or Police Chief shall have responsibility for abating all other nuisances under code sections for which they are directly responsible. § 10-3.1606 HEARING; NOTICE.
(A) Where the Director finds that the nuisance exists, he or she shall give not less than seven days written notice of a hearing to determine whether a nuisance exists to the owners of affected properties as shown on the latest equalized tax assessment roll by mailing the same to the owner's address as indicated thereon by certified letter, and further, by conspicuously posting on the affected premises a copy of the notice.
(B) The notice shall indicate the nature of the alleged nuisance, the description of the property involved, and the designation of the time and place of the hearing to determine whether the same constitutes a nuisance, and the manner of its proposed abatement if the same is found to be a nuisance. (C) The failure of any person to receive the notice shall not affect the validity of any proceedings under this subchapter.
§ 10-3.1607 HEARING CONDUCT.

The hearing to determine whether a nuisance exists shall be conducted by the City Administrator or a duly authorized representative, who shall act as the Hearing Officer. At the hearing, the Hearing Officer shall consider all relevant evidence, including but not limited to applicable staff reports. He or she shall give any interested person a reasonable opportunity to be heard in conjunction therewith. Based upon the 149
evidence so presented, the Hearing Officer shall determine whether a nuisance within the meaning of this chapter exists.
§ 10-3.1608 ORDER OF ABATEMENT.
(A) The decision of the Hearing Officer shall be final and conclusive in the absence of an appeal as provided in the Municipal Code.
(B) The Hearing Officer shall, within five working days, give written notice of his or her decision to the owner and to any other person requesting the same. The notice shall contain an order of abatement, if a nuisance is determined to exist, directed to the owner of the affected property or the person in control and/or in charge of the property, and shall set forth the nature of the nuisance, its location and the time and manner for its abatement.
(C) Where an appeal is filed as provided in this code, the order of abatement shall be suspended pending the review of the determination in the manner set forth in this subchapter. § 10-3.1609 APPEAL.
(A) The owner of the property or any other person in possession or claiming any legal or equitable interest therein shall have the right of appeal to the City Council. (B) The appeal shall be filed with the City Clerk within five working days following the decision of the Hearing Officer. The appeal shall be in writing and shall state the grounds for the appeal. (C) The City Clerk shall set the matter for a public hearing before the Council at a date and time not less than ten nor more than 35 days following the filing of the appeal. The City Clerk shall then notify the appellant, by mail, of the date and time of the hearing. The City Council may continue the hearing date where necessary.
(D) The Council may, by resolution, establish a fee for the processing of an appeal. § 10-3.1610 COUNCIL ACTION.
(A) At the time and place set for such hearing, the City Council shall review the decision of the Hearing Officer and shall afford the appellant a reasonable opportunity to be heard in connection therewith.
(B) If the City Council finds from the relevant evidence presented at the hearing that the action taken was in conformity with the provisions of the code, it shall require compliance with the order of abatement within 30 days after the mailing of a copy of its order to the affected property owner unless a period of time in excess of 30 days is specifically authorized within which to abate the nuisance. (C) If the nuisance is not abated within the 30-day period or within such longer period as the Council may provide, the Director of the responsible Department is expressly authorized and directed to enter upon the premises for the purpose of abating the nuisance after obtaining the permission of the owner of the equitable interest therein, or after obtaining a warrant or court order specifically authorizing entrance upon the premises for the express purpose of abating the nuisance. § 10-3.1611 NOTICE OF COUNCIL DECISION.

A copy of the Council's order shall be mailed to the owner, and to any other person requesting the same, by the City Clerk within five working days after the adoption thereof. The Council's decision shall be final and conclusive. Pursuant to Code of Cal. Civ. Proc. § 1094.6, any action to review the decision of the Council shall be commenced not later than 19 days after the date the Council's order is adopted. 150
§ 10-3.1612 COST OF ABATEMENT.

Where the Director is required to cause the abatement of a public nuisance pursuant to the provisions of this chapter, he or she shall keep an accounting of the cost thereof, including incidental expenses for the abatement. The term INCIDENTAL EXPENSES includes but is not limited to the actual expenses and costs of the city in the preparation of notices, specifications, and contracts, inspection of the work, and the costs of printing and mailings required under this chapter. Upon conclusion of the abatement, he or she shall submit an itemized statement of costs to the city and set the same for a hearing before the Hearing Officer. The Director shall cause notice of the time and place of the hearing to be given to the owners of the property to which the same relate, and to any other interested person requesting the same, by US mail, postage prepaid, addressed to the person at his or her last known address at least five days in advance of the hearing.
§ 10-3.1613 REPORT; HEARING AND PROCEEDINGS.

At the time and place fixed for receiving and considering the report, the Hearing Officer shall hear and pass upon the report of the Director together with any objections or protests raised by any of the persons liable to be assessed for the cost of abating the nuisance. Thereupon, the City Manager shall make such revision, correction, and modification to the report, as he or she may deem just, after which the report is submitted, or as revised, corrected, or modified, shall be confirmed. The hearing may be continued from time to time. The decision of the Hearing Officer shall be subject to an appeal to the City Council in the time and manner set forth in §§ 10-3.1707 and 10-3.1708. § 10-3.1614 ASSESSMENT OF COSTS AGAINST PROPERTY.

The confirmed cost of abatement of a nuisance upon any lot or parcel of land shall constitute a special assessment against the respective lot or parcel of land to which it relates; and, after due notice and recordation, as thus made and confirmed, the same shall constitute a lien on the property in the amount of the assessment. After the confirmation of the report, a copy thereof shall be transmitted to the Tax Collector for the county, whereupon it shall be the duty of the Tax Collector to add the amounts of the assessment, or assessments, to the next regular bills of taxes levied against the respective lots and parcels of land for municipal purposes; and thereafter the amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure for foreclosure and sale in case of delinquency as provided for ordinary municipal taxes. § 10-3.1615 ALTERNATIVES.

Nothing in this chapter shall be deemed to prevent the City Attorney from commencing a civil action to abate a nuisance, including bringing an action to enjoin the nuisance, in addition to, alternatively to, or in conjunction with the proceedings set forth in this chapter; nor shall anything in this chapter be deemed to prevent the city from commencing a criminal action with respect to the nuisance in addition to, alternatively to, or in conjunction with the proceedings set forth in this chapter. § 10-3.1616 EMERGENCY ABATEMENT.

Notwithstanding any other provision of this subchapter with reference to the abatement of public nuisance, whenever the Director of a responsible department determines that property, a building, or structure is structurally unsafe, or constitutes a fire hazard, or is otherwise dangerous to human life, and such condition constitutes an immediate hazard or danger, he or she shall, without observing the 151
provisions of this chapter with reference to abatement procedures, immediately and forthwith abate the existing public nuisance.
§ 10-3.1617 VIOLATION; PENALTY.
(A) The owner or other person having charge or control of any such buildings or premises who maintains any public nuisance defined in this subchapter, or who violates an order of abatement made pursuant to § 10-3.1706 is guilty of a misdemeanor.
(B) Any occupant or lessee in possession of any building or structure in violation of an order given as provided in this chapter is guilty of a misdemeanor.
(C) No person shall obstruct, impede, or interfere with any representative of the City Council or with any representative of a city department or with any person who owns or holds any estate or interest in a building which has been ordered to be vacated, repaired, rehabilitated, or demolished and removed, or with any person to whom any such building has been lawfully sold pursuant to the provisions of this code whenever any such representative of the City Council, representative of the city, purchaser, or person having any interest or estate in the building is engaged in vacating, repairing, rehabilitating, or demolishing and removing any such building pursuant to the provisions of this chapter, or in performing any necessary act preliminary to or incidental to such work as authorized or directed pursuant to this subchapter.

DEVELOPMENT AGREEMENTS
§ 10-3.1701 AUTHORITY FOR ADOPTION.

These regulations are adopted under the authority of Cal. Gov’t Code §§ 65864 through 65869.5. All development agreements entered into pursuant to this subchapter shall be approved by ordinance of the City Council.
§ 10-3.1702 FORMS AND INFORMATION.

The Community Development Director shall prescribe the form for each application, notice and documents provided for or required under these regulations for the preparation and implementation of development agreements. The Community Development Director may require an applicant to submit such information and supporting data as the Community Development Director considers necessary to process the application. An applicant requesting consideration and adoption of a development agreement shall at a minimum include the following information:
(A) The nature of the applicant's legal or equitable interest in the subject real property and a legal description of the property sufficient for recordation; (B) A description of the development project sufficient to enable the Community Development Department and other departments and agencies to review the application for legality, compliance with standards, consistency with applicable plans, and environmental assessment requirements. The Planning Division may require the description to include site and building plans, architectural elevations, a description of the project's relationship to adjacent properties and land uses; (C) A listing of each discretionary or ministerial action, permit and/or entitlement necessary for, or previously obtained with respect to, the project, including actions, permits, and/or entitlements issued by, or to be obtained from agencies other than the city. The listing will describe and distinguish between 152
those elements of the development project which are proposed to be fixed by the development agreement and those which may be subject to further review;
(D) The proposed duration of the development agreement; (E) The density and or intensity of the uses to be permitted; (F) The maximum height and size of the proposed buildings; (G) Provisions for reservation or dedication of land for public purposes, as applicable; (H) Any proposed conditions, terms, restrictions or requirements to be applicable to subsequent discretionary actions, provided that the proposed conditions, terms, restrictions or requirements shall not be construed to prevent development of the land for the uses and to the density or intensity of development set forth in the development agreement, unless specifically and expressly provided in the development agreement;
(I) A date by which construction shall have been commenced; (J) Proposed phasing of the development project and of the construction of public facilities, including estimated and mandatory completion dates, interim progress milestones, and performance standards for periodic review of the development agreement;
(K) The manner in which the applicant proposes to finance and provide security for the construction of public facilities, and provisions for reimbursement, if any; (L) A provision including as terms of the development agreement all mitigation measures previously adopted pursuant to the California Environmental Quality Act with respect to discretionary actions, permits and/or entitlements for the project granted by the city or other agencies, and a provision committing the applicant to incorporate as terms of the development agreement, to the extent required by the California Environmental Quality Act, all future mitigation measures necessary to avoid or substantially lessen significant environmental effects which can be feasibly mitigated, provided that nothing in this subchapter shall preclude the preparation of statements of overriding considerations when deemed appropriate and lawful by the city or other agencies; (M) A clause requiring the applicant to indemnify the city against claims arising out of the development process and to provide insurance in an amount and form acceptable to the city attorney to assure the applicant's ability to satisfy its indemnification duty. § 10-3.1703 QUALIFICATION AS AN APPLICANT.

Only a qualified applicant may file an application to enter into a development agreement. A qualified applicant is a person who has legal or equitable interest in the real property which is the subject of the development agreement. Applicant includes an authorized agent. The Community Development Director may require an applicant to submit proof (including but not limited to a title report) of his/her interest in the real property and of the authority of the agent to act for the applicant. Before processing the application, the Community Development Director shall obtain the opinion of the City Attorney as to the sufficiency of the applicant's interest in the real property to enter into the agreement. § 10-3.1704 PROPOSED FORM OF AGREEMENT.

Each application shall be accompanied by the form of development agreement proposed by the applicant. This requirement may be met by utilizing the city's standard form of development agreement adopted by the Community Development Director, and including specific proposals for changes in, or additions to the language of the standard form.
153
§ 10-3.1705 FEES.

Fees to be imposed for the filing and processing of each application, required consideration, and adoption of a development agreement shall be as prescribed by resolution adopted by the City Council.

No such application shall be deemed complete unless it is accompanied by the current filing and processing fee. The filing and processing fee shall be in addition to any other required fees for permits or capital improvements relating to the development project, and shall be for the purpose of defraying the costs incurred by the city during review and action upon the development agreement application and during periodic review thereof.
§ 10-3.1706 REVIEW OF APPLICATION.
(A) The Community Development Director shall endorse the application on the date it is received. He or she shall review the application and may reject it if it is incomplete or inaccurate for processing. If he or she finds that the application is complete, he or she shall accept it for filing. The Director shall review the application and determine the additional requirements necessary to complete the agreement. (B) Upon acceptance of a complete application, the development agreement and supporting information shall be circulated to each city department or local agency having an interest in the project.

Each such department or agency shall review, comment upon, and recommend such changes to the proposed development agreement as may be necessary or desirable. (C) After receiving responses from other departments or agencies, the Director shall prepare a staff report and recommendation and shall state whether or not the agreement proposed, or in an amended form, would be consistent with the general plan and any applicable specific plan. § 10-3.1707 COORDINATION OF APPLICATIONS.

To the extent practicable, applications requesting consideration and adoption of development agreements will be made and considered concurrently with the review of other discretionary permit applications within the city's control. It is the city's intent to avoid duplicative hearings and the repetition of information and effort. The development agreement shall not constitute a substitute for, or an alternative to, any other required permit or approval, and the applicant must comply with all other procedures required for development approval.
§ 10-3.1708 HEARING NOTICE.
(A) The Community Development Director shall give notice of the city's intention to consider adoption of the development agreement and of any other public hearing required by law or the municipal code.
(B) The form of the notice of intention to consider adoption of development agreement shall contain:
(1) The time and place of the hearing;
(2) The identity of the hearing body;
(3) A general explanation of the matter to be considered including a general description and location of the area affected; and
(4) Other information required by specific provision of these regulations or which the Community Development Director considers necessary or desirable.
(C) The time and manner of giving notice is by both of the following:
(1) Publication at least once in a newspaper of general circulation, published and circulated in the city, not less than ten days prior to the date of the hearing. 154
(2) Mailing of the notice to all persons shown on the last equalized assessment roll as owning real property within 300 feet of the property which is the subject of the proposed development agreement, not less than ten days prior to the date of the hearing.
(D) The Planning Commission or City Council, as the case may be, may direct that notice of the public hearing to be held before it, shall be given in a manner that exceeds the notice requirements prescribed by state law or this article.
(E) The failure of any person, entitled to notice as required by law or this chapter , to receive such notice does not affect the authority of the city to enter into a development agreement or the validity thereof.
§ 10-3.1709 RULES GOVERNING CONDUCT OF HEARING.

The public hearing shall be conducted as nearly as may be in accordance with the procedural standards adopted for the conduct of zoning hearings. Each person interested in the matter shall be given an opportunity to be heard. The applicant has the burden of proof at the public hearing on the proposed development agreement.
§ 10-3.1710 IRREGULARITY IN PROCEEDINGS.

No action, inaction or recommendation regarding the proposed development agreement shall be held void or invalid or be set aside by a court by reason of any error, irregularity, informality, neglect or omission ("error") as to any matter pertaining to a petition, application, notice, finding, record, hearing, report, recommendation, or any matters of procedure whatsoever unless after an examination of the entire case, including the evidence, the court is of the opinion that the error complained of was prejudicial and that by reason of the error the complaining party sustained and suffered substantial injury, and that a different result would have been probable if the error had not occurred or existed. There is no presumption that error is prejudicial or that injury was done if error is shown. § 10-3.1711 DETERMINATION BY PLANNING COMMISSION.
(A) The Planning Commission shall conduct a public hearing on the proposed development agreement, which may be continued from time to time. The Commission shall consider the staff report, as well as comments from the applicant and members of the public. Upon conclusion of the hearing, the Commission shall report its recommendation to the City Council in the form of a resolution. The Commission may recommend that the development agreement be adopted as proposed, or with such amendments as the Commission deems to be necessary or desirable to further the purposes of the municipal code, or otherwise in the public interest; or the Commission may recommend that the development agreement be rejected. The recommendation shall include the Planning Commission's determination whether or not the development agreement proposed:
(1) Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan;
(2) Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located;
(3) Is in conformity with public convenience, general welfare and good land use practice; (4) Will not be detrimental to the health, safety and general welfare; and (5) Will not adversely affect the orderly development of property or the preservation of property values.

The recommendation shall also include the reasons for the recommendation. 155
(B) Upon action by the Planning Commission, the proposed development agreement, shall be forwarded to the City Clerk for scheduling as the introduction of an ordinance at the next available meeting of the City Council.
§ 10-3.1712 DECISION BY CITY COUNCIL.
(A) Upon receipt of the Planning Commission's recommendation, the City Clerk shall schedule the proposed development agreement on the next available meeting of the City Council as the introduction and first reading of an ordinance.
(B) Not less than five days after the successful introduction of the ordinance, a public hearing and second reading of the proposed development agreement shall be held. Notice of the public hearing shall be provided in accordance with § 10-3.1708.
(C) After the City Council completes the public hearing, which may be continued from time to time, it may accept, modify or disapprove the recommendation of the Planning Commission. It may, but need not, refer matters not previously considered by the Planning Commission during its hearing, back to the Planning Commission for report and recommendation. The Planning Commission may, but need not, hold a public hearing on matters referred back to it by the City Council. (D) The City Council shall not approve the development agreement unless it finds that the provisions of the agreement are consistent with the general plan and any applicable specific plan. (E) The City Council has sole discretion to either approve or not approve a development agreement, and there is no right to have such an agreement approved even if the City Council determines that it is in the best interests of the city.
(F) Approval of a development agreement by the City Council shall be by the adoption of an ordinance which shall be effective 31 days after adoption.
§ 10-3.1713 RECORDATION OF DEVELOPMENT AGREEMENT.
(A) Within ten days after the city enters into a development agreement, the City Clerk shall have the agreement recorded with the County Recorder. Upon the effective date of the ordinance adopting the development agreement, the agreement shall be effective and binding upon, and the benefits of the agreement shall inure to, the parties and all successors in interest to the parties to the agreement. (B) If the parties to the development agreement or their successors in interest amend or cancel the development agreement as provided above, or if the city terminates or modifies the agreement for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the City Clerk shall cause notice of such action to be recorded with the County Recorder. § 10-3.1714 AMENDMENT AND CANCELLATION OF AGREEMENT.
(A) Either party may propose an amendment to or cancellation in whole or in part of the development agreement previously entered into.
(B) The procedure for proposing and adoption of an amendment to or cancellation in whole or in part of the development agreement is the same as the procedure for entering into a development agreement.

However, where the city initiates the proposed amendment to or cancellation in whole or in part of the development agreement based on its annual review thereof, it shall first give notice to the property owner at least 30 days prior to the hearing by the City Council to consider such amendment or cancellation. § 10-3.1715 PERIODIC REVIEW.
156
(A) The city shall review each development agreement every 12 months from the date the agreement is entered into. The time for review may be modified to be more frequent either by agreement between the parties or by initiation in one or more of the following ways:
(1) Affirmative vote of at least four members of the Planning Commission; or, (2) Affirmative vote of at least three members of the City Council. (B) The Community Development Director shall begin the review proceeding by giving notice that the city intends to undertake a periodic review of the development agreement to the property owner. Notice shall be provided at least ten days in advance of the time at which the matter will be considered by the Planning Commission.
(C) Annual review of development agreements shall be conducted by the Planning Commission at a public hearing at which the property owner shall demonstrate good faith compliance with the terms of development agreement. The burden of proof on this issue is upon the property owner. (D) The Planning Commission shall determine upon the basis of substantial evidence whether or not the property owner has, for the period under review, complied in good faith with the terms and conditions of the development agreement.
(E) If the Planning Commission finds and determines on the basis of substantial evidence that the property owner has complied in good faith with the terms and conditions of the agreement during the period under review, the Commission shall by resolution adopt a statement of compliance certifying such compliance in a form suitable for recording in the County Recorder's Office. Upon recording of a statement of compliance, the review for that period is concluded. A resolution adopting a statement of compliance shall be final ten days after the Planning Commission decision, unless a notice of appeal has been filed pursuant to the provisions of the municipal code. (F) If the Planning Commission finds and determines on the basis of substantial evidence that the property owner has not complied in good faith with the terms and conditions of the agreement during the period under review, the Planning Commission may recommend to the City Council that the development agreement be modified or terminated.
(G) The procedure for modifying or terminating a development agreement shall be the same as the procedure for entering into a development agreement, except that the owner shall be given at least 30 § 10-3.1716 STATEMENT OF COMPLIANCE APPEALS.
(A) The applicant, City Council, or any affected person may appeal the Planning Commission's resolution adopting a statement of compliance in accordance with the provisions of the municipal code.

The appellant shall bear the burden of demonstrating, on the basis of substantial evidence, that the applicant or successor in interest has not complied with the terms and conditions of the adopted development agreement.
(B) The City Council may uphold the statement of compliance, amend and approve the Planning Commission recommendation or statement of compliance, or reject it. The City Council may unilaterally terminate or modify the development agreement upon a determination based upon substantial evidence that the applicant or successor in interest has not complied with the terms and conditions of the agreement. Such determination shall be final and conclusive. § 10-3.1717 PROCEDURES FOR MODIFICATION OR TERMINATION. (A) If, upon a finding under § 10-3.1715, the city determines to proceed with modification or termination of the development agreement, the city shall give notice to the property owner of its intention so to do. The notice shall contain:
(1) The time and place of the hearing;
157
(2) A statement as to whether or not the city proposes to terminate or to modify the development agreement; and
(3) Other information which the city considers necessary to inform the property owner of the nature of the proceeding.
(B) At the time and place set for the hearing on modification or termination, the property owner shall be given an opportunity to be heard. The City Council may refer the matter back to the Planning Commission for further proceedings or for report and recommendation. The City Council may impose those conditions to the action it takes as it considers necessary to protect the interests of the city. The decision of the City Council is final.
§ 10-3.1718 CERTAINTY OF DEVELOPMENT AGREEMENTS.
(A) An adopted development agreement and any terms, conditions, maps, notes, references, or regulations which are a part of the agreement shall be considered enforceable elements of the city's municipal code. In the event of an explicit conflict with any other provisions of the municipal code, the development agreement shall take precedence. Unless otherwise provided by the development agreement, the city's ordinances, resolutions, rules and regulations, and official policies governing permitted land uses, density, design, improvement and construction standards shall be those city's ordinances, resolutions, rules and regulations, and official policies in force at the time of final approval of the development agreement.
(B) All development agreements shall be subject to the laws, statutes, regulations or court decisions of the state and federal government. In the event any such laws, statutes, regulations or court decisions made or enacted after a development agreement has been entered into prevents or precludes compliance with one or more provisions of the development agreement, such provisions of the development agreement shall be modified or suspended as may be necessary to assure compliance by the city, applicant or successor in interest with such laws, statutes, regulations or court decisions. Nothing in this section shall be deemed to affect the validity of fees, conditions, or other exactions imposed and confirmed by the terms of the agreement.

MINOR DEVIATIONS
§ 10-3.1801 NECESSITY
Exceptions to development standards may be necessary to allow creative design solutions and to accommodate unique site conditions. The Minor Deviation process allows minor exceptions from certain requirements of this chapter to be approved at the administrative level to provide relief from the unintended consequences of the strict application of development standards. § 10-3.1802 APPLICABILITY
Minor Deviations do not apply to land use or density and shall not waive or modify a specific prohibition or procedural requirement. A Minor Deviation may be applied to the following development standards in any zone to the maximum reduction or increase as specified. (A) Reduce area or lot dimension requirements to a maximum exception of 10 percent. (B) Front and rear yard setback modifications not exceeding five feet. (C) Side yard setback modifications not exceeding two feet. (D) Building site coverage modifications not exceeding 10% of the minimum open space requirements specified by the Municipal Code.
(E) Excessive building height adjustments not exceeding two feet. 158
(F) Minor exceptions as determined by the Planning Director that provide relief of no more than 10 percent from the identified standard and meet the intent and purpose of this chapter. § 10-3.1803 APPLICATION AND FEES
(A) Applications for Minor Deviations shall be filed with the Planning Director. The Planning Division shall provide forms for such purposes and may prescribe the information to be provided in such application.

Such applications shall be numbered consecutively in the order of their filing and shall become a part of the permanent official records of the city.
(B) Each application for a Minor Deviation shall be accompanied by a fee in an amount as established by resolution of the City Council. The requirement of the filing fee shall not apply to public agencies. § 10-3.1804 APPROVAL AUTHORITY
Applications for a Minor Deviation shall be reviewed and approved by the Planning Director. As the designated approving authority, the Director is authorized to approve, conditionally approve, or deny an application for a Minor Deviation.
§ 10-3.1805 PUBLIC HEARING AND NOTICING
No public hearing is required prior to taking action on an application for a Minor Deviation. § 10-3.1806 CONDITIONS OF APPROVAL
In approving an application for a Minor Deviation, the Planning Director may impose reasonable and appropriate conditions in order to achieve the purposes of this Title, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings. § 10-3.1807 FINDINGS FOR APPROVAL
(A) The proposed development is compatible with existing and proposed land uses in the surrounding area.
(B) Any exceptions to or deviations from the requirements or development standards of this chapter result in the creation of appropriate and necessary project design solutions that would not otherwise be possible.
(C) Granting the Minor Deviation will not adversely affect the interests of the public or residents and property owners in the vicinity of the project.
(D) The proposed development is consistent with the purposes of the General Plan or any applicable specific plan or development agreement
§ 10-3.1808 APPEALS
159
In case the applicant, or other interested parties are not satisfied with the action of the Planning Director, they may within ten days appeal in writing to the Planning Commission for further action by filing an appeal with the Planning Director.
§ 10-3.1809 AMENDMENTS
Any amendments affecting an approved Minor Deviation shall be handled as a new application.

GENERAL PLAN AMENDMENTS
§ 10-3.1901 NECESSITY
This chapter establishes guidelines and procedures for amending the General Plan. The General Plan and these procedures are to be consistent with Sstate planning laws (California Government Code Section 65300 et seq.).
§ 10-3.1902 APPLICABILITY
A General Plan Amendment is required for any change to General Plan goals, policies, action items, or any change to General Plan land use diagrams or designations contained in the General Plan. § 10-3.1903 APPLICATION AND FEES
(A) Applications for a General Plan Amendment shall be made in writing to the Commission on forms prescribed by the Commission. The application shall be filed with the Community Development Director.

The Planning Division shall provide forms for such purposes and may prescribe the information to be provided in such application. Such applications shall be numbered consecutively in the order of their filing and shall become a part of the permanent official records of the city. Copies of all notices, reports, and actions pertaining to the application shall be attached. (B) Each application for Ggeneral Pplan Aamendment shall be accompanied by a fee as established by resolution of the City Council, no part of which shall be returnable to the applicant. § 10-3.1904 APPROVING AUTHORITY
Applications for a General Plan Amendment shall be reviewed and approved by the designated authority as follows:
(A) Recommending Authority. The Planning Commission shall review and make recommendations, as appropriate, to the approving authority for an application for a General Plan Amendment. (B) Approving Authority. The City Council is authorized to approve, alter, or deny an application for a General Plan Amendment.
§ 10-3.1905 PUBLIC HEARING AND NOTICE
(A) The Planning Commission shall hold a public hearing to make a recommendation on applications for a General Plan Amendment. The Planning Commission’s recommendation shall be forwarded to the City Council. The City Council shall hold a public hearing prior to taking action on an application for a General Plan Amendment.
(B) Any proposed General Plan Amendment shall be considered by the Planning Commission at a public hearing for the purpose of providing a recommendation to the City Council. Not less than ten days 160
before such public hearing, notice shall be given of such hearing in the following manner: by one publication in a newspaper of general circulation in the city. Such notice shall state the name of the applicant, nature of the request, location of the property, and the time and place of the action or hearing.

The following additional notice shall be provided for a public hearing:
(1) Direct mailing to the owners and occupants of property located within 300 feet of the boundaries of the project site, as shown on the latest equalized assessment roll. (2) In addition, notice shall also be given by first class mail to any person who has filed a written request with the Community Development Department. Such a request may be submitted at any time during the calendar year and shall apply for the balance of such calendar year. The city may impose a reasonable fee on persons requesting such notice for the purpose of recovering the cost of such mailing.
§ 10-3.1906 FINDINGS OF APPROVAL
Prior to approving a General Plan Amendment, the City Council shall make all the following findings, which shall be made by resolution:
(A) The amendment is consistent with the intent of the General Plan vision statement and supporting principles, goals, and policies.
(B) The amendment prescribes reasonable controls and standards for affected land uses to ensure compatibility and integrity of those uses with other established uses. (C) The amendment provides for the protection of the general health, safety, and/or welfare of the community.
§ 10-3.1907 NOTICE OF DECISION
Written notice of decision of City Council shall be provided to the applicant and all parties requesting such notification. Notices of decision are not required for actions of a recommending body. The notice of decision shall be provided as follows
(A) A written notice of decision shall be mailed within 10 days of the date of decision and shall include:
(1) The application request as acted upon by the City Council. (2) Any conditions of approval or other requirements applied to the decision. (3) The action taken by the City Council
§ 10-3.1908 APPEALS
Actions taken by the City Council are final and are not subject to appeal. § 10-3.1909 EXPIRATION AND TIME EXTENSION
No extensions of time are necessary as an approved General Plan Amendment does not expire. § 10-3.1910 AMENDMENTS
Any amendments affecting an approved General Plan Amendment shall be handled as a new application. § 10-3.1911 FREQUENCY OF AMENDMENTS
Pursuant to Government Code Section 65358, no mandatory element of the General Plan may be amended more frequently than four times during any calendar year. Subject to that limitation, an amendment may be made at any time and may include more than one change to the General Plan. 161
§ 10-3.1912 ADDITIONAL NOTICE REQUIRED
Pursuant to Government Code Section 65352, at least 45 days prior to Council action on a proposed General Plan Amendment, the Community Development Director shall notify the County, the Local Agency Formation Commissions (LAFCO), any applicable Native American Tribes, and any area-wide planning agency or federal agency whose operations may be significantly affected by the proposed action and each governmental body, commission, or board, including those of any school or special districts, whose jurisdiction lies wholly or partially within the City whose functions include recommending, preparing plans for, or constructing major public works projects.

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

Appointment to the Americans with Disabilities Act (ADA) Advisory Council RECOMMENDATION:

Adopt a resolution appointing Sipho Munyaradzi to the ADA Advisory Council SUMMARY:

The City of Madera ADA Advisory Council (MADAAC) was established by the City Council in 2006 to advise the City on matters relating to providing accessible facilities, services, programs, and infrastructure. MADAAC consists of seven members, with each member of the City Council making a nomination to be considered for appointment by the Mayor, subject to approval of the City Council by resolution. At this time, Councilwoman Evans has nominated Sipho Munyaradzi to serve on MADAAC. The Mayor has considered the nomination and has approved appointment of Mr. Munyaradzi. The requested action is a resolution of the City Council to approve the appointment of Mr. Munyaradzi to MADAAC.

DISCUSSION:

MADAAC was formed to serve in an advisory capacity to the City Council and staff on matters relating to ADA. Their duties include the following.

1. Promote pedestrian safety and access to all public streets.

2. Promote ADA compliance in all public buildings and facilities, services, programs and activities.

3. Promote inclusion of the disabled community in the City's emergency and disaster preparedness plans.

4. Develop disability awareness and educational outreach programs.

Council Meeting of: January 15, 2025
Agenda Number: B-11

5. Work with various City of Madera Departments to ensure that all public buildings and facilities, remodeled and newly constructed, are in compliance with current laws guaranteeing access for all people with disabilities.

6. Promote affordable and accessible housing in the community.

7. Work collaboratively with the City of Madera on recommendations regarding unmet transit needs.

8. Ensure ADA grievance procedures are followed and enforced.

MADAAC members are noted below in Table 1, with the individuals considered for approval of appointment indicated in bold text.

Table 1. MADAAC Membership
Applicant Nominating Councilmember City Council District DJ Becker Previously appointed by former Mayor Garcia At-large Mayor Jack Porter Previously appointed by then-District 1
Councilwoman Gallegos
District 1
Cynthia Ortegón Mayor Pro Tem Rodriguez District 2
Saim Mohammad Councilmember Montes District 3
Sipho Munyaradzi Councilwoman Evans District 4
Gladys Marroquin Councilwoman Mejia District 5
Diana Robbins Councilmember Villegas District 6
At this time, the Mayor has considered the nomination of Sipho Munyaradzi by Councilwoman Evans and is seeking approval from the City Council of the appointment to MADAAC. Per the Municipal Code, appointments will be for a term matching the nominating Council person, or until a replacement is appointed. The Municipal Code also provides that the resolution of appointment must receive at least four (4) affirmative votes to pass.

FINANCIAL IMPACT:

There is no anticipated financial impact.

ALTERNATIVES:

Council may direct staff to solicit additional volunteer applications for commission, board, and committee service.

ATTACHMENTS:

1. Resolution

2. Volunteer application for Sipho Munyaradzi
Attachment 1: Resolution
Resolution No. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

APPROVING THE APPOINTMENT OF SIPHO MUNYARADZI TO THE CITY OF

MADERA AMERICANS WITH DISABILITIES ACT ADVISORY COUNCIL WHEREAS, the City of Madera has established an Americans with Disabilities Act Advisory Council (MADAAC) to serve in a volunteer capacity to fulfill the duties of the Advisory Council as provided in their adopted bylaws; and
WHEREAS, MADAAC is comprised of seven citizens nominated by members of the City Council and appointed by the Mayor, subject to confirmation by the Council as a whole; and WHEREAS, Councilwoman Evans has nominated Sipho Munyaradzi to be considered for appointment to MADAAC for a term concluding December 2028 or as otherwise provided in the Madera Municipal Code; and
WHEREAS, Mayor Gallegos has considered the above-named nominated individuals and has appointed Sipho Munyaradzi; and
WHEREAS, Sipho Munyaradzi has expressed his desire to serve on MADAAC.

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

1. The above recitals are true and correct.

2. The Council approves the appointment of Sipho Munyaradzi to MADAAC for a term ending December 2028, unless otherwise indicated by the Madera Municipal Code.

3. This resolution is effective immediately upon adoption. ********************
Attachment 2: Volunteer Application for Sipho Munyaradzi

CITY OF MADERA

COMMISSION, BOARD, AND COMMITTEE
The
MA ERA
VILLEY CHTlll APPLICATION
I hereby request that I be considered as a nominee for the following City of Madera Commission, Board, or Committee:

PLEASE CHECK ONE OR MORE:
_:{_ ADA Advisory Council
Beautification Committee
__ Airport Advisory Commission
Civil Service Commission
CDBG Block Grant Commission Loan Review Committee
__ Planning Commission _ _ Transit Advisory Board
Other: ________ _
Please type or print in ink.

MUNYARADZI
:iOOLtB.PREss

MAILING ADDRESS
Sutter Health - Retired

EMPLOYER
Length of residence in the City of
Madera:
15 11 Years ___ Months __ _
Educational background:

Sipho
CITY. STATE[ ZIP HOME PHONE

CITY, STATE ZIP
Director Business Insights and Analytics

E-MAIL ADDRESS
415-613-94 75

JOB TITLE BUSINESS PHONE
Have you ever been convicted of Are you 18 years of age or a felony? older?
Yes ___ _ Yes~No __ _
PhD Candidacy (ABO) The Ohio State University- Food, Agriculture & Biological Engineering MS The Ohio State University - Food, Agriculture & Biological Engineering BSc ENG Hons University of Zimbabwe - Civil Engineering Certificate in Supervisory Management Training-California State University Frnsno, Craig School of Business City Clerk Page 1 of 2
Update 09/19/23
Please list any organizations of which you are a member and any offices you have held in those organizations:

Member Board of Directors: The Genesis Community Corporation of Fresno West 2006-2017 Member Board of Directors of The Evangelistic Resources International Corporation 2006-201 o Treasurer Fresno Westside SDA Church 2010-2017, Assistant Treasurer 2004-2010 Assistant Treasurer Ephesus SDA Church Columbus OH 199-2003 Please list any appointed public boards or commissions on which you have served, dates of service, and any chairmanship or office held:

NA
I am interested in serving for the following reasons:

I am eager to contribute to the City of Madera ADA Advisory Council. With my professional experience in analytics and reporting within the healthcare sector, I bring a data-driven approach to identifying and addressing accessibility challenges My work has emphasized improving operational efficiencies and supporting equitable outcomes, and I am passionate about fostering a community where everyone can access the resources and opportunities cttey deserve. Serving on this aligns with my commitment to inclusion, problem-solving, and community development. I would love to use my extra time to benefit my community in every way possible.

References (optional):

November 15, 2024
Date
City Clerk
Update O'J/19/23
Please return completed application to:

CITY OF MADERA

OFFICE OF THE CITY CLERK
205 West 4th Street, Madera, CA 93637
[email protected]
(559) 661-5405

Page 2 of 2 ends

_____________________________
Arnoldo Rodriguez, City Manager

REPORT TO CITY COUNCIL
Council Meeting of: January 15, 2025
Agenda Number:

SUBJECT:

Reallocation of Community Development Block Grant (CDBG) program funds from program years 2020 - 2023 in the amount of $225,936.54
RECOMMENDATION:

Adopt Resolutions to:

1. Approve the reallocation of $65,172.23 to the 2023/24 Frank Bergon Senior Center Improvement Project

2. Approve the reallocation of $160,764.31 to the 2023/24 Clinton Street Sewer and Water Improvement Project

3. Approve the amendment of the 2023/24 CDBG Annual Action Plan to increase the allocations for the Frank Bergon Senior Center Improvement Project and the Clinton Street Sewer and Water Improvement Project
SUMMARY:

As part of the ongoing management and monitoring of the City’s CDBG awards, staff calculated that the City has $225,936.54 of previously awarded CDBG funds unspent. These funds come from Program Years 2020 through 2023. The City’s Program Year (PY) 2023 Annual Action Plan (AAP) includes $617,500 for the Clinton Street Sewer and Water Improvement Project and $148,386 for the Frank Bergon Senior Center Improvement Project. City staff managing these projects anticipate project costs will exceed the original CDBG allocations. CDBG guidelines allow for the reallocation of previously allocated CDBG proceeds, provided the recipient agency follows requirements of the Citizen Participation Plan (CPP), which includes issuing a public notice, holding a public hearing about the proposed change, and providing the public 30 days to review and comment on the proposed funding change.

Approved by:

Michael Lima, Director of Financial Services
B-12
Council adopted a Minute Order on November 20, 2024 initiating the reallocation process for the purpose of moving unspent/unobligated CDBG funds to both the Clinton Sewer and Water project and the Frank Bergon Senior Center Improvement project.

DISCUSSION:

The City is a CDBG entitlement jurisdiction which receives an annual funding allocation with the submission of an AAP. The AAP, in part, describes the projects approved for funding with the current year’s allocation. As funds are expended and projects are completed, there are instances where some of the awarded funding is not entirely used. Reasons for this underexpenditure include actual prices for programs coming in under initial estimates, and a project not being completed due to unforeseen circumstances. If the initially funded project cannot use all the CDBG funds they were awarded, the funds become unobligated and may be moved to another CDBG eligible project.

Staff reviewed previous CDBG grant awards and determined there are unobligated grant balances eligible for repurposing. Table 1 provides detail related to unexpended CDBG grant award balances.

Table 1: Unexpended CDBG Award Balances
Program Year (PY) Award Remaining
PY 2020/21 $73,495.46
PY 2021/22 $48,759.98
PY 2022/23 $48,581.47
PY 2023/24 $55,099.63
Total $225,936.54
City staff recently determined that project costs for the Clinton Street Sewer and Water project are projected to be higher than initially anticipated. City staff also indicated that both the initially allocated CDBG amount of $617,500 for this project and any additional CDBG funding received could be expended during PY 2024, thus helping the City meet timeliness of expenditure requirements associated with CDBG funding.

As part of the CPP, staff included the request to reallocate CDBG funding on the agenda for the Block Grant Commission (BGC) meeting held on October 9, 2024. Subsequent to that BGC meeting, staff requested an increase to the original funding award for the Frank Bergon Senior Center Improvement project. The project initially received $148,346; however, project costs are projected to be higher than originally anticipated. Additional funding in the amount of $65,172.23 was requested to complete the perimeter fencing component of the project.

Part of the process to reallocate funds includes amending the AAP associated with each project. Both projects were funded in the 2023 AAP. A major amendment to the AAP requires a 30-day public review and comment period. As stated in the City’s CPP:
“…a change in the Annual Action Plan will be considered major whenever actual costs will exceed the project’s allocation by the greater of $25,000 or 15 percent.”
Council approved a 30-day public review and hearing process on November 20, 2024. This process concluded on December 20, 2024. No comments were received. Staff isrecommending Council approval to amend the 2023/24 CDBG Annual Action Plan to reallocate $225,936.54 of unobligated CDBG funds to the Clinton Street Sewer and Water project and the Frank Bergon Senior Center Improvement project.

FINANCIAL IMPACT:

The amendment of the City’s PY 2023 AAP has no financial impact to the City’s General Fund.

There is no additional new CDBG funding being provided. This action involves only unspent previously allocated funds. City staff may include budget amendments for these reallocated CDBG funds at the time when the contracts for these projects are brought to Council for award.

It isimportant to note that if the reallocation of CDBG fundsis not approved, City staff may have to solicit additional funding from other sources to complete these projects, which will impact the City’s Fiscal Year 2024/25 Adopted Budget.

ALTERNATIVES:

As an alternative, Council may:

1. Decline the recommendation and direct staff to provide additional information on the reallocation of CDBG funds.

2. Initiate reallocation of the monies to some other CDBG eligible project.

ATTACHMENTS:

1. Attachment A: Resolution authorizing the Amendment to the City of Madera 2023-24 Annual Action Plan for the Allocation of Additional Funding

2. Attachment B: Resolution authorizing the allocation of additional funding in the amount of $160,764.31 to the City of Madera Clinton Street Sewer Water Project

3. Attachment C: Resolution authorizing the allocation of additional funding in the amount of $65,172.23 to the City of Madera Frank Bergon Senior Center Improvement Project RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING THE AMENDMENT TO THE 2023/24

COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL ACTION PLAN FOR

THE ALLOCATION OF UNOBLIGATED FUNDING IN THE AMOUNT OF
$225,936.54
WHEREAS, the City Council approved the 2023/24 Community Development Block Grant Annual Action Plan on May 17, 2023; and
WHEREAS, the City has unobligated CDBG funds from grant award balances for program years 2020-2023 in the amount of $225,936.54; and
WHEREAS, the City is proposing to allocate a portion of these unobligated grant award balances to 2023/24 Clinton Street Sewer and Water Project in the amount $160,764.31; and WHEREAS, the City is proposing the allocation the remaining portion of these unobligated grant award balances to the 2023/24 Frank Bergon Senior Center Improvement Project in the amount of $65,172.23; and
WHEREAS, the City’s Citizen Participation Plan requires an amendment to an action plan for a major amendment.

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 an amendment to the 2023/24 Community Development Block Grant Annual Action Plan for the allocation of $225,936.54 in unobligated CDBG funds.

3. The City Manager is hereby authorized to take such action to implement the terms of the Resolution.

4. This resolution is effective immediately upon adoption. *****
----
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING THE ALLOCATION OF $160,764.31 OF

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS TO THE CITY OF MADERA ENGINEERING DEPARTMENT’S 2023/24 CLINTON STREET

SEWER AND WATER PROJECT
WHEREAS, the City Council approved the 2023/24 Community Development Block Grant Subrecipient Agreement with the City of Madera Engineering Department in the amount of $617,500 (“Agreement”); and
WHEREAS, the City has unobligated CDBG funds from grant award balances for program years 2020-2023 in the amount of $225,936.54; and
WHEREAS, the City is proposing the allocation of an additional $160,764.31 to the 2023/24 Clinton Street Sewer and Water Project.

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 Council approves the reallocation of $160,764.31 in unobligated CDBG monies to the 2023/24 Clinton Street Sewer and Water Project.

3. The City Manager is hereby authorized to take such action to implement the terms of the Resolution.

4. This resolution is effective immediately upon adoption. *****
----
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING THE ALLOCATION OF $65,172.23 OF

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS TO THE CITY OF MADERA PARKS DEPARTMENT’S 2023/24 CDBG FRANK BERGON

SENIOR CENTER IMPROVEMENT PROJECT
WHEREAS, the City Council approved the 2023/24 Community Development Block Grant Subrecipient Agreement with the City of Madera Parks Department in the amount of $148,386 (“Agreement”); and
WHEREAS, the City has unobligated CDBG funds from grant award balances for program years 2020-2023 in the amount of $225,936.54; and
WHEREAS, the City is proposing the allocation of an additional $65,172.23 to the 2023/24 Frank Bergon Senior Center Improvement Project.

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 Council approves the reallocation of $65,172.23 in unobligated CDBG monies to the Frank Bergon Senior Center Improvement Project.

3. The City Manager is hereby authorized to take such action to implement the terms of the Resolution.

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

REPORT TO CITY COUNCIL
Approved by:
________________________________
Joseph Hebert, Parks & Community Services Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Disposal of Fresno-Madera Area Agency on Aging (FMAAA) Equipment from the Millview Community Center Kitchen
RECOMMENDATION:

Adopt a Resolution approving the disposal of equipment at the Millview Community Center, originally provided by the FMAAA for services under Title III C1 & C2 SUMMARY:

The City was recently contacted by Madera Unified School District (MUSD) for utilization of the kitchen area at the Millview Community Center (Center). There is equipment, owned by FMAAA, that would need to be removed to make the space available to MUSD. FMAAA has confirmed permission for the disposal of the equipment, as FMAAA has confirmed they do not want the equipment back in their inventory. This leaves the disposal of the equipment as a necessary step for MUSD to utilize the space.

DISCUSSION:

The City has maintained a written Lease Agreement and Joint-Use Agreement with MUSD for utilization of the Center for several years. MUSD uses the location to house the Mountain Vista High School site. Per the terms of the Agreement, MUSD has access to office spaces and the kitchen. MUSD does also utilize the gymnasium at the location, with the gymnasium shared with the City. The current Agreement was last amended in 2015 and includes an automatic annual renewal clause.

Council Meeting of: January 15, 2025
Agenda Number: ______ D-1
The City has been recently contacted by MUSD, as MUSD would like to formally utilize the kitchen area to provide on-site meals to students at Mountain Vista High School. For the MUSD child nutrition program to utilize the kitchen space, the disposal of existing equipment must be carried out. The equipment in question belonged to FMAAA. The equipment consists of equipment such as a freezer, food processor, meal transporters, among other items. Table 1 below identifies the full extent of equipment.

Table 1: Fresno-Madera Area Agency on Aging Fixed Assets Inventory List Asset # Asset Description
5823 Freezer, True 2- Door
6027 Slicer, Electric, Univex
6028 Meal Transporter, Electric, 2- Compartment
6029 Meal Transporter, Electric, 2- Compartment
6030 Meal Transporter, Electric, 2- Compartment
6295 Food Processor, 4 Qt
6353 Steamer, Tabletop, Electric, 6 Pan
6642 Equipment, Kitchen, Oven, Convection

FMAAA provided the City with the equipment to carry out services under Title III C1 and C2. Title III C1 services include serving meals to older adults in a group setting referred to as the Congregate Nutrition program. Title III C2 services include delivery of meals to older adults in their homes referred to as the Home Delivered Nutrition program.

The partnership between City and FMAAA has changed in the past years, with this specific service no longer provided by the City under any contract with FMAAA. Thus, the equipment has not been utilized for over a decade but has remained at the Center. FMAAA has been contacted about the disposal of the equipment and has granted the City permission to dispose of the equipment at the City’s discretion. FMAAA is not interested in collecting the equipment, nor receiving the equipment back in its inventory.

As previously mentioned, the equipment has not been utilized for over a decade. An internal inspection of the equipment has confirmed most equipment is not operable, is not in good condition, or would require extensive work to get back to operable, efficient standards.

FINANCIAL IMPACT:

The preparation and presentation of this report does not result in any significant financial impact.

While there are costs associated with the value of the equipment, the City does not own the equipment, thus no loss of revenue or financial impact would be assumed by the City.

ALTERNATIVES:

Staff welcomes any direction the Council may provide.

ATTACHMENTS:

1. Resolution approving the disposal of equipment at the Millview Community Center, provided by the FMAAA for services under Title III C1 & C2 a. Exhibit A: List of Equipment to be Disposed
RESOLUTION NO. 25- ______

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

CALIFORNIA APPROVING THE DISPOSAL OF EQUIPMENT AT THE

MILLVIEW COMMUNITY CENTER, PROVIDED BY THE FMAAA FOR
SERVICES UNDER TITLE III C1 & C2
WHEREAS, the City of Madera (City) has been contacted by Madera Unified School District (MUSD) to utilize kitchen space in the Millview Community Center (Center); and WHEREAS, City and MUSD have an active Lease Agreement and Joint-Use Agreement for utilization of the Center, including the kitchen space; and WHEREAS, there is kitchen equipment belonging to the Fresno-Madera Area Agency on Aging (FMAAA) that would need to be disposed of before MUSD could utilize the kitchen; and WHEREAS, FMAAA is not interested in collecting or receiving the equipment back into their inventory; and
WHEREAS, FMAAA has granted the City authorization to dispose of the equipment; and
WHEREAS, the City will dispose of the equipment from the Center, to allow MUSD utilization of the kitchen space.

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 the disposal of the equipment, as listed in Exhibit A, and attached herein, serves a valid purpose in that FMAAA has granted authorization for the disposal of equipment, and disposal of the equipment will provide MUSD with access to utilize the kitchen area at Millview Community Center.

3. This resolution is effective immediately upon adoption. * * * * * *
Exhibit A
List of Equipment to be Disposed
Asset # Asset Description Date Acquired
5823 Freezer, True 2- Door 6/30/2003
6027 Slicer, Electric, Univex 6/16/2004
6028 Meal Transporter, Electric, 2- Compartment 06/21/2004 6029 Meal Transporter, Electric, 2- Compartment 06/21/2004 6030 Meal Transporter, Electric, 2- Compartment 6/21/2004 6295 Food Processor, 4 Qt 6/25/2005
6353 Steamer, Tabletop, Electric, 6 Pan 6/31/2006
6642 Equipment, Kitchen, Oven, Convection 06/26/2009
Approved by:

REPORT TO THE CITY COUNCIL AS THE

SUCCESSOR AGENCY

OF THE FORMER MADERA REDEVELOPMENTAGENCY
Arnoldo Rodriguez, City Manager/Executive Director
SUBJECT:

Actions Related to Successor Agency Annual Budget Reporting to the Department of Finance:

1. Adopt a Resolution Adopting the Recognized Obligation Payment Schedule (ROPS) Representing Period of July 1, 2025 to June 30, 2026, for the City of Madera as the Successor Agency of the Former Madera Redevelopment Agency of the City of Madera, and

2. Adopt a Resolution Approving the Administrative Budget for the City of Madera as the Successor Agency of the Former Madera Redevelopment Agency of the City of Madera for the Period of July 1, 2025 – June 30, 2026
RECOMMENDATION:

Staff recommends that the City Council as the Successor Agency adopt resolutions approving the ROPS and Administrative Budget for the period of July 1, 2025 to June 30, 2026 and authorize the City Manager to present the ROPS to the Countywide Oversight Board for its consideration and approval.

SUMMARY:

The ROPS sets forth the enforceable obligations of the Successor Agency. The Successor Agency can only make payments on those enforceable obligationslisted on a ROPS approved by both the Countywide Oversight Board and the Department of Finance (DOF). Once the City Council as the Successor Agency approves the ROPS, it is submitted to the Countywide Oversight Board for approval, and it is transmitted by the Successor Agency to the DOF for its review and approval.

Council Meeting of: January 15, 2025
Agenda Number:
...... Y Successor
fl Agency
to the former Madera
Redevelopment Agency
D-2
Successor agencies shall submit an approved annual ROPS to the DOF and the Madera County Auditor Controller (CAC) by February 1, 2025 for the upcoming fiscal year. The DOF will make its determination by April 15, 2025.

The Dissolution Act also requires successor agencies to prepare an administrative budget to be submitted to the Countywide Oversight Board for approval.

DOF is responsible for implementation of the RDA dissolution statutes, (AB)x1 26, AB 1484, AB 471, and SB 107, and oversees the winding-down of the successor agencies.

DISCUSSION:

Recognized Obligation Payment Schedule
The deadline established pursuant to AB 1484 to submit the July 1, 2025 to June 30, 2026 ROPS to the CAC and the DOF is February 1, 2025. The City of Madera Successor Agency’s Annual ROPS and Administrative Budget is scheduled for adoption at a Special Meeting of the Oversight Board to be held later this month. Upon approval, the ROPS will be forwarded to the DOF and the CAC.

Per Health and Safety Code Section 34177(m), a penalty of $10,000 per day may be issued if the ROPS is not received by the DOF by February 1, 2025.

Administrative Budget
ABx1 26 and AB1484 provide for an administrative cost allowance funded from property tax to pay for certain costs incurred for winding down the affairs of redevelopment agencies. The maximum allowable to withdraw is set at $250,000.00 per year.

Administrative costs are allocated to both the property tax administrative allowance and project bond funds and are budgeted at $30,000.00 for the period of July 1, 2025 through June 30, 2026. Administrative costs are those necessary to carry out enforceable obligations. Per 34179(h)(B), the Successor Agency is not required to submit the Administrative Budget for DOF’s approval.

FINANCIAL IMPACT:

Adoption and transmittal of the ROPS is required to receive money from the Redevelopment Property Tax Trust Fund (RPTTF) to pay ongoing bond payments and other enforceable obligations of the former Redevelopment Agency.

ALTERNATIVES:

Do not adopt the resolutions approving the ROPS and Administrative Budget and provide alternate direction to staff. Due to time constraints, this may result in penalty of $10,000 per day.

ATTACHMENTS:

1. Resolution Approving Successor Agency ROPS
Exhibit A - Madera Recognized Obligation Payment Schedule– ROPS Detail

2. Resolution Approving the Successor Agency Administrative Budget Exhibit A – Administrative Budget Detail
ATTACHMENT 1
RESOLUTION NO. SA 25-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA AS THE

SUCCESSOR AGENCY OF THE FORMER MADERA REDEVELOPMENT

AGENCY OF THE CITY OF MADERA, ADOPTING THE RECOGNIZED
OBLIGATION PAYMENT SCHEDULE (ROPS) 25-26 PURSUANT TO SECTION 34177 OF THE CALIFORNIA HEALTH AND SAFETY CODE FOR FISCAL YEAR 2025-2026 FOR THE PERIOD OF JULY 1, 2025 THROUGH JUNE 30, 2026 WHEREAS, in connection with the approval and adoption of the State Budget for Fiscal Year 2011-2012, the California Legislature adopted, and the Governor signed, ABx1 26 (the “Dissolution Act”),which, after the California Supreme Court’s ruling on December 29, 2011, has had the effect of dissolving all redevelopment agencies in the State of California; and
WHEREAS, the City of Madera has accepted the designation as the Successor Agency (“Agency”)as that term is defined in the Dissolution Act, which has been authorized to wind down the business of the former Madera Redevelopment Agency; and
WHEREAS, Section 34177 (a)(1) of the California Health and Safety Code (added by the Dissolution Act) required that each redevelopment agency adopt a Recognized Obligation Payment Schedule (ROPS) for payments the redevelopment agency was obligated to make; and
WHEREAS, Section 34177(o) (1) of the California Health and Safety Code requiresthe Agency to prepare the ROPS in a format provided for by the Department of Finance for the approval of the Oversight Board and Department of Finance; and WHEREAS, the Agency reserves the right pursuant to HSC section 34177 (o) (1) (E) to amend the ROPS for approved enforceable obligations as needed and is due to Finance no later than October 1.

NOW, THEREFORE the City Council of the City of Madera as the Successor Agency to the former Madera Redevelopment Agency of the City of Madera hereby finds, determines,resolves and orders as follows:

1. The recitalslisted above are true and correct.

2. The Agency hereby approves and adopts the Recognized Obligation Payment Schedule 25-26 for the period July 1, 2025 through June 30, 2026 attached hereto as Exhibit A.

3. The Agency authorizes and directs the City Manager to:
(a) Present a copy of the adopted Recognized Obligation Payment Schedule 25-26 for the period July 1, 2025 through June 30, 2026 to the Countywide Oversight Board for approval.
(b) Transmit a copy of the adopted Recognized Obligation Payment Schedule 25-26 for the period July 1, 2025 through June 30, 2026 by mail or electronic means to the State Department of Finance, the State Controller, Madera County Administrator and Madera County Auditor- Controller.
(c) Post the Recognized Obligation Payment Schedule 25-26 for the period July 1,2025 through June 30, 2026 on the City’s
website.

4. The Agency designates the City Manager as the individual to whom the Department of Finance may make requests for information and who shall provide the department with his telephone number and email address for purposes of communication.

5. Thisresolution is effective immediately upon adoption. * * * * * *
Exhibit A - Madera Recognized Obligation Payment Schedule– ROPS Detail Madera City ROPS 2025-26 Annual
Item
#
Obligation Name Obligation Type Agreement
Execution
Date
Agreement
Termination
Payee Description Total
Outstanding
Obligation
Total
Requested
Funding
54 SA Staff Support Costs Staff Support Costs 1/1/2012 9/10/2038 Successor Agency Administrative Costs 210,000 15,000 165 2018A Tax Allocation Refunding Bonds BondsIssued on or Before 12/31/10
6/28/2018 9/1/2038 Bank New York Mellon Refunding bondsissue to fund RDA projects 35,512,713 2,420,525
166 2018B Tax Allocation Refunding Bonds BondsIssued on or Before 12/31/10
6/28/2018 9/1/2025 Bank New York Mellon Refunding bondsissue to fund RDA projects 414,240 414,240
167 2018 Series Trustee Fee, Arbitrage, Out of
Pocket
Fees 6/28/2018 9/1/2038 Bank New York Mellon Trustee Fees, Disclosure Rprt, Bond Council 140,000 10,000
168 2018 Series Continuing Disclosure Fees 10/10/2018 9/1/2038 Fraser & Associates Continuing Disclosure per Bond Requirements 70,000 5,000
Totals 36,346,953 2,864,765
ATTACHMENT 2
RESOLUTION NO. SA 25-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA AS THE

SUCCESSOR AGENCY TO THE FORMER MADERA REDEVELOPMENT

AGENCY OF THE CITY OF MADERA, APPROVING THE SUCCESSOR AGENCY ADMINISTRATIVEBUDGET FOR JULY 1, 2025 THROUGH JUNE 30, 2026 WHEREAS, in connection with the approval and adoption of the State Budget for Fiscal Year 2011-2012, the California Legislature adopted, and the Governor signed, ABx1 26 (the “Dissolution Act”),which, after the California Supreme Court’s ruling on December 29, 2011, has had the effect of dissolving all redevelopment agencies in the State of California; and WHEREAS, the City of Madera has accepted the designation asthe Successor Agency (“Agency”)as that term is defined in the Dissolution Act, which has been authorized to wind down the business of the former Madera Redevelopment Agency; and WHEREAS, Section 34177(j) of the California Health and Safety Code (added by the Dissolution Act) requires the Agency to prepare and approve an Administrative Budget for administrative costs of the Agency for the upcoming fiscal year as provided in Section 34177 and submit to the Oversight Board for its approval.

NOW, THEREFORE the City Council of the City of Madera asthe Successor Agency to the former Madera Redevelopment Agency of the City of Madera hereby finds, determines, resolves and orders as follows:

1. The recitalslisted above are true and correct.

2. The Agency hereby approvesthe Administrative Budgetfor administrative costs forthe period July 1, 2025 through June 30, 2026 attached hereto as ExhibitA.

3. The Agency authorizes and directs the City Manager to:
(a) Present a copy of the Administrative Budget for administrative costs for the period July 1, 2025 through June 30, 2026 to the Madera Countywide Oversight Board for approval.
(b) Upon approval of the Countywide Oversight Board, transmit a copy of the Administrative Budget for administrative costsfor the period July 1, 2025 through June 30, 2026 by mail or electronic means to the Madera County Auditor-Controller.

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

SUCCESSOR AGENCY OF THE FORMER MADERA REDEVELOPEMENT AGENCY Administrative Budget
July 1, 2025 to June 30,
2026
RPTTF
Staff Support Costs $15,000
Trustee Fees 10,000
Continuing Disclosure 5,000
TOTAL $30,000

REPORT TO CITY COUNCIL
Keith Helmuth, Department Director
Arnoldo Rodriguez, City Manager
SUBJECT:

Joint Groundwater Sustainability Plan 2025 Plan Amendment RECOMMENDATION:

Approve Resolution Adopting the Joint Groundwater Sustainability Plan 2025 Plan Amendment and thereby also approving related Second Amendment to the Madera Subbasin Coordination Agreement, Memorandum of Understanding Establishing an Interconnected Surface Water Working Group and Madera Subbasin Groundwater Sustainability Plan Periodic Evaluation SUMMARY:

The City of Madera (City) is one of seven agencies that have established a Groundwater Sustainability Agency (GSA) within the boundaries of Madera Groundwater Subbasin (Subbasin) pursuant to the 2014 Sustainable Groundwater Management Act (SGMA). The seven GSAs include the following members:
 City of Madera (City)  Gravelly Ford Water District
 County of Madera (County)  Root Creek Water District  Madera Irrigation District (MID)  New Stone Water District (NWSD)  Madera Water District (MWD)
Four GSAs, including the City, County, MID, and MWD, prepared one joint GSP.

The original joint GSP, prepared in 2020, requires GSAs to achieve groundwater sustainability in the Subbasin by 2040. Combined, the original joint GSP GSAs are responsible for approximately Approved by:

Groundwater Sustainability Agency
Council Meeting of: January 15, 2025
Agenda Number: ___D-3_____ _
95 percent of the Subbasin.

The remaining three GSAs, Gravelly Ford Water District GSA, Root Creek Water District GSA and New Stone Water District GSA, each prepared their own individual GSPs, which, when combined with the joint GSP, collectively cover and manage the entire Subbasin as required by SGMA.

The GSAs were required to prepare, adopt and begin implementing the GSP by January 31, 2020.

While the GSP was submitted on time in January 2020, the Department of Water Resources (DWR) did not initiate their review of the GSP until October 9, 2020 due to the inability of all seven GSAs to enter into a coordination agreement, also required as a part of SGMA. The results of this review which identified four deficiencies in the GSP was sent to the Subbasin Point of Contact in a letter dated September 22, 2022.

On or about March 21, 2023, the seven GSAs developed and submitted four Revised GSPs and an Amended Madera Subbasin Coordination Agreement to DWR in response to the September 22, 2022 DWR letter.

On December 21, 2023, DWR completed a review of the four Revised GSPs and the Amended Madera Subbasin Coordination Agreement. As a result of this review, DWR approved the four Revised GSPs and the Amended Madera Subbasin Coordination Agreement with certain recommended corrective actions.

The Joint Groundwater Sustainability Plan 2025 Plan Amendment (Amendment) found at https://www.madera.gov/home/departments/engineering/#tr-madera-joint-groundwatersustainability-plan-253403 incorporates the recommended corrective actions.

DISCUSSION:

As noted previously, the Amendment addresses recommended corrective actions identified by DWR in their December 2023 letter approving the 2023 Revised GSP. Through the Amendment, each of the four GSPs and the Coordination Agreement have been amended to reconcile or show substantive progress toward DWR’s recommended corrective actions. A summary of revisions made in the Amendment are as follows:
 Revisions Related to Corrective Action 1 – Plan Adoption: In response to the recommended action that the Joint GSP should explain that all Joint GSP GSAs have adopted the Joint GSP and are committed to implementing the 2023 Revised Plan consistent with SGMA, text was added describing the adoption of the Joint GSP (March 2023 Revisions) by all four Joint GSP GSAs and their commitment to implementing the Plan consistent with SGMA. The Amendment was further adopted by all Subbasin GSAs.  Revisions Related to Corrective Action 2 – Coordination: In response to the recommended action that GSAs continue to coordinate to eliminate areas of disagreement, text was added documenting the robust coordination efforts and commitments the Subbasin GSAs have taken to eliminate any areas of disagreement ensuring that groundwater sustainability is achieved within the Subbasin. This includes the engagement of facilitation support services to assist the GSAs in working through and eliminating any areas of disagreement, including topics related to the Coordination Agreement and the domestic well mitigation program; developing consensus regarding data, methods, and use of data across the Subbasin; and signing a new Coordination Agreement included in Appendix 1.J of the Amendment found at https://www.madera.gov/home/departments/engineering/#tr-madera-jointgroundwater-sustainability-plan-253403 and attached as Exhibit A.  Revisions Related to Corrective Action 3 – Chronic Lowering of Groundwater Levels: In response to the recommended action that the Revised Plan be amended to discuss the relationship between the sustainable management criteria (SMC) for chronic lowering of groundwater levels and the other sustainability indicators, including how the SMC avoid undesirable results for each of the other sustainability indicators, revisions were made to describe the relationship between the SMC for chronic lowering of groundwater levels and the other sustainability indicators. This includes an explanation of how the SMC, including interim milestones (Ims), were established to avoid undesirable results for each of the other sustainability indicators and an explanation of how groundwater levels and subsidence are separate sustainability indicators, and that the most restrictive SMC governs.
 Revisions Related to Corrective Action 4 – Land Subsidence: In response to the recommended action that the Revised Plan be amended to address several land subsidence-related topics, revisions were made to document efforts to reevaluate and refine the land subsidence analysis for the Subbasin. This includes clearly describing the significant and unreasonable conditions the GSAs are managing the Subbasin to avoid; reviewing and refining the quantitative metrics that define an undesirable result for subsidence (including identifying and defining the cumulative amount of subsidence that, if exceeded, would substantially impact groundwater and land surface beneficial uses and users); conducting interviews with critical infrastructure owners and operators; and describing projects and management actions (PMAs) that will be implemented to minimize or eliminate subsidence.
 Revisions Related to Corrective Action 5 – HCM (Hydrogeologic Conceptual Model): In response to the recommended action that the Revised Plan be amended to discuss the uncertainty concerning the HCM and provide a description of HCM data gaps, additional discussion was added to discuss uncertainties related to the HCM and a description of HCM data gaps and how these have been or are being addressed.  Revisions Related to Corrective Action 6 – Degraded Water Quality: In response to the recommended action that the Revised Plan be amended to address several water qualityrelated topics, text was added describing revisions related to the SMC for water quality, including revisions to undesirable results, justification for undesirable result definitions, an explanation of how interim milestones were established, and a discussion of uncertainties.

In addition to addressing DWR’s recommended corrective actions, the Subbasin GSAs have proactively addressed two additional topics in the Amendment:
 Revisions Related to Additional Topic 1 –ISW: Though not specifically requested by DWR, the GSAs have taken the initiative to engage in ISW coordination with applicable GSAs in the Kings Subbasin, the USBR, the FWA, and the SJRRP. Through this coordination, efforts have also been made to draw greater consistency between ISW workplans for the Subbasin GSAs and participating Kings Subbasin GSAs included in Appendix 3.1.b of the Amendment found at https://www.madera.gov/home/departments/engineering/#trmadera-joint-groundwater-sustainability-plan-253403 and attached as Exhibit B. Staff recommends approval of this agreement.
 Revisions Related to Additional Topic 2 – Updates Regarding PMAs: Additionally, though not specifically requested by DWR, the GSAs have provided updates on PMA planning and implementation since the 2023 Revised Plan was completed and submitted in March 2023.

Like other milestone submittals, and as required by SGMA, the GSAs conducted public outreach during the Amendment process. This was achieved through email outreach and through public Board and governing body meetings. The GSAs distributed the draft Amendments for public review and comment in November-December 2024. A webinar workshop was held in December 2024 where the GSAs presented the key changes to the Amendment and received public comment. Public comments were considered in the final 2025 Plan Amendment and responses to those comments will be provided as an appendix to the Amendment.

In addition to the Amendment, GSAs must evaluate the GSP at least every five years in accordance with GSP regulations (23 CCR Section 356.4). This periodic evaluation which can be found at https://www.madera.gov/home/departments/engineering/#tr-madera-jointgroundwater-sustainability-plan-253403 “provides a written assessment [describing] whether GSP implementation, including implementation of projects and management actions (PMAs), are meeting the sustainability goal in the Subbasin.” The first periodic evaluation and update to the GSP must be completed by at least January 2025 (five years after initial GSP adoption). The Periodic evaluation is ongoing and is anticipated to be complete and be submitted by the end of January 2025. The evaluation, in general, indicates that the Subbasin GSAs remain on track to achieving the Subbasin sustainability goal. This is evidenced by current groundwater conditions when compared to the 2025 IMs described in the Amendment.

Related to Corrective Action 2 – Coordination, the Second Amendment to the Madera Subbasin Coordination Agreement. The current agreement expired on December 31, 2024. The only substantive change reflective of this amendment is that the expiration date has been changed to December 31, 2040. Staff recommends approval of this agreement.

FINANCIAL IMPACT:

The City’s General Fund is not directly impacted as a result of this report.

ALTERNATIVES:

Not approve the Amendment – It is not known with any certainty how a decision by one GSA might impact DWR’s assessment of a determination of inadequacy as this was tested previously without resulting in such a determination.

ATTACHMENTS:

1. Resolution
Exhibit A – Second Amendment to the Madera Subbasin Coordination Agreement Exhibit B – Memorandum of Understanding Establishing an Interconnected Surface Water Working Group
Attachment 1
Resolution
RESOLUTION NO. 25-

A RESOLUTION OF THE CITY OF MADERA AND THE CITY OF MADERA,

GROUNDWATER SUSTAINABILITY AGENCY BOARD ADOPTING A
JOINT GROUNDWATER SUSTAINABILITY PLAN 2025 PLAN AMENDMENT,

SECOND AMENDMENT TO THE MADERA SUBBASIN COORDINATION

AGREEMENT, MEMORANDUM OF UNDERSTANDING ESTABLISHING

INTERCONNECTED SURFACE WATER WORKING GROUP AND MADERA

SUBBASIN GROUNDWATER SUSTAINABILITY PLAN PERIODIC

EVALUATION
WHEREAS, the California Legislature passed a statewide framework for sustainable groundwater management, known as the Sustainable Groundwater Management Act (“SGMA”), in California Water Code §10720 et seq., pursuant to Senate Bill 1168, Senate Bill 1319, and Assembly Bill 1739, which was approved by the Governor and Chaptered by the Secretary of State on September 16, 2014; and
WHEREAS, SGMA requires that each groundwater basin be managed by a Groundwater Sustainability Agency (“GSA”), or multiple GSAs, and that such management be pursuant to an approved Groundwater Sustainability Plan (“GSP”), or multiple GSPs; and WHEREAS, the Madera Groundwater Subbasin (“Madera Subbasin”) has been designated by the Department of Water Resources (“DWR”) as a high-priority basin and in critical groundwater overdraft (DWR Bulletin 118 Groundwater Basin No. 5-022.06); and WHEREAS, the City of Madera GSA is the exclusive GSA under SGMA for certain portions of the Madera Subbasin; and
WHEREAS, pursuant to Water Code section 10727, SGMA requires that a GSP, or multiple GSPs, be developed and implemented by January 31, 2020 for each high-priority basin in critical groundwater overdraft; and
WHEREAS, Madera Water District GSA, the County of Madera GSA – Madera Subbasin, Madera Irrigation District GSA, and City of Madera GSA have collaboratively developed and adopted one joint GSP (“Madera Subbasin Joint GSP”); Root Creek Water District GSA has developed and adopted one GSP; Gravelly Ford Water District GSA has developed and adopted one GSP; and New Stone Water District GSA has developed and adopted one GSP, such that the Madera Subbasin is governed by four separate GSPs unified through the Madera Subbasin Coordination Agreement; and
WHEREAS, the Madera Subbasin has no adjudicated areas or areas covered by an Alternative to a GSP as described in Water Code Section 10733.6; and WHEREAS, on or about January 31, 2020, the Madera Subbasin Joint GSP was submitted to DWR for review, public comment, and approval; and WHEREAS, DWR did not initiate review of the four GSPs until October 9, 2020; and WHEREAS, on September 22, 2022, DWR completed a review of the four GSPs and Madera Subbasin Coordination Agreement submitted January 31, 2020 and sent a letter to the Madera Subbasin Point of Contact (John Davids of Davids Engineering, Inc.) stating that the four GSPs and Madera Subbasin Coordination Agreement were determined to be incomplete; and
WHEREAS, the Subbasin GSAs acted quickly to develop and submit four Revised GSPs and the Amended Madera Subbasin Coordination Agreement to DWR on or about March 21, 2023; and
WHEREAS, on December 21, 2023, DWR completed a review of the four Revised GSPs and the Amended Madera Subbasin Coordination Agreement submitted on or about March 21, 2023 and sent a letter to the Madera Subbasin Point of Contact stating that the four Revised GSPs and the Amended Madera Subbasin Coordination Agreement were approved, with certain recommended corrective actions; and
WHEREAS, Madera Water District GSA, County of Madera GSA – Madera Subbasin, Madera Irrigation District GSA, and City of Madera GSA have completed additional amendments to the Madera Subbasin Joint GSP consistent with the recommended corrective actions provided by DWR in their December 21, 2023 letter; and WHEREAS, the Madera Subbasin Joint GSP amendments completed in January 2025 are commonly referred to as the Joint GSP 2025 Plan Amendment; and

WHEREAS, Madera County and the City of Madera provided the Subbasin GSAs a notice waiving the 90-day notice requirements pursuant to Water Code section 10728.4; and WHEREAS, a public workshop webinar was held on December 5, 2024 to describe and solicit public input on the Joint GSP 2025 Plan Amendment; and WHEREAS, a notice of the public hearing for the adoption of this Resolution was published in the Madera Tribune January 1, 2025; and
WHEREAS, upon adoption of a GSP, Water Code section 10733.4 requires that the GSP be submitted to DWR for review; and
WHEREAS, at its special meeting of January 15, 2025, the Council considered the City Engineer’s report regarding the Joint GSP 2025 Plan Amendment and the associated documents including the Second Amendment to the Madera Subbasin Coordination Agreement, Memorandum of Understanding Establishing an Interconnected Surface Water Working Group and Madera Subbasin Groundwater Sustainability Plan Periodic Evaluation.

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

1. The above recitals are true and correct.

2. The Joint GSP 2025 Plan Amendment is hereby approved and adopted.

3. The Second Amendment to the Madera Subbasin Coordination Agreement is hereby approved and adopted.

4. The Memorandum of Understanding Establishing an Interconnected Surface Water Working Group is hereby approved and adopted.

5. The Council authorizes the Madera City Engineer to take such other actions as may be necessary to submit the GSP 2025 Plan Amendment, and Second Amendment to the Madera Subbasin Coordination Agreement, Memorandum of Understanding Establishing an Interconnected Surface Water Working Group and Madera Subbasin Groundwater Sustainability Plan Periodic Evaluation to the California Department of Water Resources and to implement the purpose of this resolution.

6. The City Clerk of the City of Madera GSA is hereby authorized and directed to timely provide notification of this approval and adoption to DWR, including a copy of this Resolution and any additional information required by law.

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

EXHIBIT A

SECOND AMENDMENT TO THE MADERA SUBBASIN COORDINATION AGREEMENT This SECOND AMENDMENT (AMENDMENT) to the MADERA SUBBASIN COORDINATION AGREEMENT (“Agreement”) is entered into the day of January 2025 (the “Effective Date”), by and between the Groundwater Sustainability Agencies of the COUNTY OF MADERA (“County”), the CITY OF MADERA (“City”), the MADERA IRRIGATION DISTRICT (“MID”), the ROOT CREEK WATER DISTRICT (“RCWD”), the MADERA WATER DISTRICT (“MWD”), the GRAVELLY FORD WATER DISTRICT (“GFWD”), and the NEW STONE WATER DISTRICT (“NSWD”), collectively hereinafter referred to as the “Parties,” or individually as the “Party.”

RECITALS
A. WHEREAS, groundwater and surface water resources within the Madera Subbasin of the San Joaquin Valley Groundwater Basin (DWR Bulletin 118 No. 5-

22.06) (Subbasin) are vitally important resources, in that they provide the foundation to maintain and fulfill current and future environmental, agricultural, domestic, municipal, and industrial needs, and to maintain the economic viability, prosperity, and sustainable management of the Subbasin; and B. WHEREAS, agriculture has been prominent in making Madera County one of the world’s foremost agricultural areas and plays a major role in the economy of Madera County; and
C. WHEREAS, in 2014 the California Legislature passed a statewide framework for sustainable groundwater management, known as the Sustainable Groundwater Management Act, California Water Code § 10720-10737.8 (SGMA), pursuant to Senate Bill 1168, Senate Bill 1319, and Assembly Bill 1739, which was approved by the Governor on September 16, 2014. and went into effect on January 1, 2015; and
D. WHEREAS, the Subbasin has been designated by the California Department of Water Resources (DWR) as a high-priority subbasin in a condition of critical groundwater overdraft and is subject to the requirements of SGMA; and E. WHEREAS, SGMA requires that all medium and high priority groundwater basins in California be managed by a Groundwater Sustainability Agency (GSA), or multiple GSAs, and that such management be implemented pursuant to an approved Groundwater Sustainability Plan (GSP), or multiple GSPs; and F. WHEREAS, County, City, MID, and MWD have developed one GSP; RCWD has developed one GSP; GFWD has developed one GSP; and NSWD has developed one GSP, such that the Subbasin is governed by four separate GSPs unified through the Agreement; and
G. WHEREAS, in January 2020, the Parties submitted four GSPs to DWR; and H. WHEREAS, in January 2020, the Parties entered into the Agreement; and I. WHEREAS, in March 2023, the Parties executed the first amendment to the Agreement; and
J. WHEREAS, the Agreement was defined as remaining in effect until December 31, 2024 unless terminated earlier by the Parties.

K. NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions contained herein and these Recitals, which are hereby incorporated herein by this reference, the Parties agree to amend the Agreement as follows:

AGREEMENT

1. TERMINATION DATE. The Parties agree that the Agreement shall remain in effect until December 31, 2040 unless terminated earlier by the Parties as provided in the Agreement.

2. NOTICES. All notices required or permitted by the AMENDMENT shall be made in writing and may be delivered in person (by hand or by courier) or may be sent regular, certified, or registered mail or U.S. Postal Service Express Mail, with postage prepaid, or by facsimile transmission, or by electronic transmission (email) and shall be deemed sufficiently given if served in a manner specified in this section. The addresses and addressees noted below are the Party’s designated address and addressee for deliver or mailing notices.

To County GSA: County of Madera
Stephanie Anagnoson
200 W 4th Street, 4th Floor
Madera, CA 93637
To MID GSA: Madera Irrigation District
Thomas Greci
12152 Road 28 1/4
Madera, CA 93637
To RCWD GSA: Root Creek Water District
Julia Berry
PO Box 27950
Fresno, CA 93729
To GFWD GSA: Gravelly Ford Water District
Don Roberts
18811 Road 27
Madera, CA 93638
To City GSA: City of Madera
Keith Helmuth
428 East Yosemite Avenue
Madera, CA 93638
To NSWD GSA: New Stone Water District
Gabriella Lion
9500 South DeWolf Avenue
Selma, CA 93662
To MWD GSA: Madera Water District
Phil Janzen
1663 N. Schnoor Street, Suite 105
Madera, CA 93638
Any Party may, by written notice to each of the other Parties, specify a different address for notice. Any notice sent by registered or certified mail, return receipt requested, shall be deemed given on the date of delivery shown on the receipt card, or if no delivery date is shown, three days after the postmark date. If sent by regular mail, the notice shall be deemed given 48 hours after it is addressed as required in this section and mailed with postage prepaid. Notices delivered by United States Express Mail or overnight courier that guarantee next day delivery shall be deemed given 24 hours after delivery to the Postal Service or overnight courier. Notices transmitted by facsimile transmission or similar means (including email) shall be deemed delivered upon telephone or similar confirmation of delivery (conformation report from fax machine is sufficient), provided a copy is also delivered via personal delivery or mail. If notice is received after 4:00 p.m. or on a Saturday, Sunday or legal holiday, it shall be deemed received on the next business day.

IN WITNESS WHEREOF, the Parties have caused this AMENDMENT to be executed, each signatory hereto represents that he/she has been appropriately authorized to enter into this AMENDMENT on behalf of the Party for whom he/she signs.

County of Madera
Leticia Gonzales Date
Madera Irrigation District
Thomas Greci Date
Root Creek Water District
Julia Berry Date
Gravelly Ford Water District
Don Roberts Date
City of Madera
Cecelia Gallegos Date
New Stone Water District
Gabriella Lion Date
Madera Water District
Phil Janzen Date

EXHIBIT B

MADERA/KINGS ISW MOU
1/07/2025

MEMORANDUM OF UNDERSTANDING ESTABLISHING AN INTERCONNECTED SURFACE WATER

WORKING GROUP
This Memorandum of Understanding (“MOU”) is entered into this day of 2025 (the “Effective Date”), by and between the UNITED STATES BUREAU OF RECLAMATION (“USBR”), the FRIANT WATER AUTHORITY (“FWA”), SAN JOAQUIN RIVER RESTORATION PROGRAM RESTORATION ADMINISTRATOR (“SJRRP RA”), and the Groundwater Sustainability Agencies of the COUNTY OF MADERA (“MCGSA”), the CITY OF MADERA (“CMGSA”), the MADERA IRRIGATION DISTRICT (“MIDGSA”), the MADERA WATER DISTRICT (“MWDGSA”), the GRAVELLY FORD WATER DISTRICT (“GFWDGSA”), the ROOT CREEK WATER DISTRICT (“RCWDGSA”), the NEW STONE WATER DISTRICT (“NSWDGSA”), the MCMULLIN AREA (“MAGSA”), and the NORTH KINGS (“NKGSA”), collectively hereinafter referred to as the “Parties,” and excluding USBR, FWA, and the SJRRP RA as the “GSA Parties” or singularly herein referred to as a “Party.”

RECITALS
A. WHEREAS, groundwater and surface water resources within the Madera and Kings Subbasins of the San Joaquin Valley Groundwater Basin (DWR Bulletin 118 No. 5-

22.06 and 5-22.08 respectively) (“Subbasins”) are vitally important resources, in that they provide the foundation to maintain and fulfill current and future environmental, agricultural, domestic, municipal, and industrial needs, and to maintain the economic viability, prosperity, and sustainable management of the Subbasins; and
B. WHEREAS, agricultural production in Madera and Fresno Counties supports one of the world’s foremost agricultural areas and plays a major role in the economy of Madera and Fresno Counties; and
C. WHEREAS, in 2014 the California Legislature passed a statewide framework for sustainable groundwater management, known as the Sustainable Groundwater Management Act, California Water Code § 10720-10737.8 (“SGMA”), pursuant to Senate Bill 1168, Senate Bill 1319, and Assembly Bill 1739, which was approved by the Governor on September 16, 2014, and went into effect on January 1, 2015; and D. WHEREAS, the Subbasins have been designated by the California Department of Water Resources (“DWR”) as high-priority subbasins in a condition of critical groundwater overdraft and subject to the requirements of SGMA; and E. WHEREAS, SGMA requires that all medium and high priority groundwater basins in California be managed by a Groundwater Sustainability Agency (“GSA”), or multiple GSAs, and that such management be implemented pursuant to an approved Groundwater Sustainability Plan (“GSP”), or multiple GSPs; and

MADERA/KINGS ISW MOU
1/07/2025
F. WHEREAS, the nine GSAs that are party to this MOU are as set-forth above and depicted in Exhibit A; and
G. WHEREAS, GSPs for the Subbasins have been approved by DWR; and H. WHEREAS, the Subbasins are currently working on their first statutorily required Plan Amendments and/or Periodic Evaluations that are due to DWR in January 2025; and
I. WHEREAS, the Parties have been meeting in good faith to discuss interconnected surface water-groundwater (“ISW”) since late 2023; and
J. WHEREAS, USBR, FWA, and the SJRRP RA have interest in groundwater sustainability in the Kings Subbasin and Madera Subbasin as memorialized in comment letters uploaded to the SGMA portal dated May 14, 2020, December 16, 2020, September 30, 2022, and June 2, 2023; and
K. WHEREAS, the Parties recognize that ISW and any resulting losses/gains in stream flow are impacted by numerous variables, many outside the control of the GSAs that are parties to this MOU; and
L. WHEREAS, FWA is a public agency formed by its members to, among other things, preserve and protect the rights and benefits of its members in the Central Valley Project; and
M. WHEREAS, both USBR and FWA member agencies are signatories to the Stipulation of Settlement dated September 13, 2006 with the plaintiff’s coalition led by Natural Resources Defense Council (collectively referred to as the “Settling Parties”); and
N. WHEREAS, both USBR and FWA have certain obligations to maintain and protect flows in the San Joaquin River under the Stipulation of Settlement dated September 13, 2006; those flows are protected pursuant to California Water Code § 1707, and
O. WHEREAS, the SJRRP RA is jointly selected by the Natural Resources Defense Council and FWA and provides recommendations to the Secretary of Interior and the Governor of California regarding specific elements of the Stipulation of Settlement dated September 13, 2006 related to the San Joaquin River Restoration Program’s Restoration Goal, and
P. WHEREAS, Madera Irrigation District is a signatory to the Stipulation of Settlement dated September 13, 2006; and

MADERA/KINGS ISW MOU
1/07/2025
Q. WHEREAS, the GSAs set-forth herein are not signatories to the Stipulation of Settlement dated September 13, 2006; and
R. WHEREAS, nothing in this MOU changes, supersedes, or otherwise alters USBR and FWA obligations under the Stipulation of Settlement dated September 13, 2006; and
S. WHEREAS, the Parties agree that nothing in this MOU changes, supersedes, or otherwise alters any existing agreements and/or rights held by the GSAs, their underlying landowners, FWA, and/or USBR; and
T. WHEREAS, SGMA identifies undesirable results as the effects caused by groundwater conditions occurring throughout a subbasin related to six sustainability indicators, including depletions of interconnected surface watergroundwater that have significant and unreasonable adverse impacts on beneficial uses and users of the surface water; and
U. WHEREAS, DWR has released three papers on ISW and depletions of ISW aimed at providing GSAs and the California water resources community with informational resources to help identify, understand, and communicate the nature, occurrence, and estimation of depletions of ISW; and
V. WHEREAS, SGMA requires GSAs to develop and implement GSPs to avoid undesirable results and mitigate overdraft within 20 years; and W. WHEREAS, the GSA Parties acknowledge that they cannot control groundwater conditions not caused by groundwater management activities outside of the geographical boundaries for the GSAs set-forth herein; and X. WHEREAS, the Parties, individually, have undertaken efforts to analyze ISW along the San Joaquin River from Millerton to the Mendota Pool as depicted in Exhibit B; and
Y. WHEREAS, subject to the conditions below, the Parties desire to collaboratively study, review, and analyze ISW and any associated impacts (including during the implementation period of the GSPs) in a cooperative and coordinated manner.

Z. NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions contained herein and these Recitals, which are hereby incorporated herein by this reference, the Parties agree to collectively analyze ISW along the San Joaquin River reaches depicted in Exhibit B for depletions of ISW as follows:

MADERA/KINGS ISW MOU
1/07/2025

AGREEMENT

1. WORK PLAN IMPLEMENTATION AND COLLABORATION. The Parties agree to work collaboratively on potential refinement and subsequent implementation of separate but coordinated ISW Work Plans for the Subbasins.

2. DATA SHARING. The Parties agree that individual work products have been prepared and/or will be prepared as it relates to ISW along the San Joaquin River reaches depicted in Exhibit B. Such information may include, but is not limited to, groundwater levels, flow measurements, river channel bottom elevations, San Joaquin River stage data, estimate of river losses, analysis of existing Holding Contracts, and analysis of riparian diversions. To the extent provided by law and regulations and subject to any privileges directing non-release, the Parties agree to share such information as has been or will be prepared with each other.

3. TECHNICAL COMMITTEE. The Parties shall establish a Technical Committee (“Committee”) that will assume various coordination and management responsibilities, potentially including, but not limited to:
a. Potential refinements to the ISW Work Plans (described in Section 1) b. Facilitating data sharing and collaboration among the Parties c. Coordinating implementation of the Work Plans among the Parties (described in Section 1).

The Committee shall include at least one technical staff representative from each of the Parties and shall meet no less than quarterly.

4. TERM. The Parties agree that the term of this MOU shall continue for the duration of the GSP implementation period until groundwater sustainability is achieved in the Subbasins by or before 2040 and/or until otherwise directed by the Parties.

Any Party may withdraw from this MOU by providing written notice to the other Parties.

5. RECOGNITION OF INTENT. The Parties agree that execution of this MOU signals the mutual intent of the Partes to collaboratively work together and that such mutual intent shall be conveyed to DWR and/or the State Water Resources Control Board (SWRCB) as may be required.

6. IN-KIND SERVICES. Unless otherwise agreed to by the Committee and solely with respect to the GSA Parties, the Parties agree that time and resources associated with activities performed under this MOU shall be done so through in-kind services.

MADERA/KINGS ISW MOU
1/07/2025

7. ENVIRONMENTAL REVIEW. The GSA Parties agree to cooperatively complete any environmental review as may be determined necessary for activities contemplated and/or planned under this MOU.

8. NOTICES. All notices required or permitted by the MOU shall be made in writing, and may be delivered in person (by hand or by courier) or may be sent by regular, certified, or registered mail or U.S. Postal Service Express Mail, with postage prepaid, or by facsimile transmission, or by electronic transmission (email) and shall be deemed sufficiently given if served in a manner specified in this Section 8.

The addresses and addressees noted below are the Party’s designated address and addressee for delivery or mailing notices.

To MCGSA: County of Madera
Stephanie Anagnoson
200 W 4th Street, 4th Floor
Madera, CA 93637
To MIDGSA: Madera Irrigation District
Thomas Greci
12152 Road 28 1/4
Madera, CA 93637
To GFWDGSA: Gravelly Ford Water District
Don Roberts
18811 Road 27
Madera, CA 93638
To CMGSA: City of Madera
Keith Helmuth
428 East Yosemite Avenue
Madera, CA 93638
To MWDGSA: Madera Water District
Phil Janzen
1663 N. Schnoor Street, Suite 105
Madera, CA 93637

MADERA/KINGS ISW MOU
1/07/2025
To NSWDGSA: New Stone Water District GSA
Gabriella Lion
9500 South DeWolf Avenue
Selma, CA 93662
To RCWDGSA: Root Creek Water District
Julia Berry
PO Box 27950
Fresno, CA 93729
To NKGSA: North Kings GSA
Kassy Chauhan
2907 S. Maple Avenue
Fresno, CA 93725
To MAGSA: McMullin Area GSA
Matt Hurley
275 S. Madera Avenue, Suite 301
Kerman, CA 93630
To USBR: United States Bureau of Reclamation
Donald E. Portz, PhD.
2800 Cottage Way, CGB-170
Sacramento, CA 95825-1898
To FWA: Friant Water Authority
Jason Phillips
854 N. Harvard Avenue
Lindsay, CA 93247
To SJRRP RA: Restoration Administrator
Thomas R. Johnson
7090 Wells Avenue
Loomis, CA 95650

MADERA/KINGS ISW MOU
1/07/2025
Any Party may, by written notice to each of the other Parties, specify a different address for notice. Any notice sent by registered or certified mail, return receipt requested, shall be deemed given on the date of delivery shown on the receipt card, or if no delivery date is shown, three days after the postmark date. If sent by regular mail, the notice shall be deemed given 48 hours after it is addressed as required in this section and mailed with postage prepaid. Notices delivered by United States Express Mail or overnight courier that guarantee next day delivery shall be deemed given 24 hours after delivery to the Postal Service or overnight courier. Notices transmitted by facsimile transmission or similar means (including email) shall be deemed delivered upon telephone or similar confirmation of delivery (confirmation report from fax machine is sufficient), provided a copy is also delivered via personal delivery or mail. If notice is received after 4:00 p.m. or on a Saturday, Sunday or legal holiday, it shall be deemed received on the next business day.

9. NO EFFECT ON RIGHTS. Nothing in this MOU may be construed as affecting the rights of the Parties to comment on or challenge as to legal compliance under SGMA or other applicable law any provision of a GSP or management action that a GSA Party may subsequently adopt, including with respect to matters pertaining to ISW.

10. REPRESENTATION OF SIGNATORY AUTHORITY. All Parties to this MOU warrant and represent that they have the power and authority to enter into this MOU and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states or firms and that all former requirements necessary or required by the state or federal law in order to enter into the MOU have been fully complied with. This MOU may be signed in counterparts, electronic or digital or otherwise, each of which will constitute an original. This MOU may only be amended or modified by a written instrument executed by all of the Parties.

11. ADDITION OF PARTIES. Additional parties may be added to the MOU at any time through unanimous consent of the Parties. Such consent shall not be unreasonably withheld.

MADERA/KINGS ISW MOU
1/07/2025
IN WITNESS WHEREOF, the Parties have caused this MOU to be executed and agree to be bound by the terms herein, as of the Effective Date listed above.

County of Madera GSA
Leticia Gonzales Date
Madera Irrigation District GSA
Thomas Greci Date
Gravelly Ford Water District GSA
Don Roberts Date
City of Madera GSA
Cecelia Gallegos Date
Madera Water District GSA
Phil Janzen Date

MADERA/KINGS ISW MOU
1/07/2025
Root Creek Water District GSA
Julia Berry Date
New Stone Water District GSA
Gabriella Lion Date
McMullin Area GSA
Matt Hurley Date
North Kings GSA
Kassy Chauhan Date
USBR
Donald E. Portz, Ph.D. Date

MADERA/KINGS ISW MOU
1/07/2025
Friant Water Authority
Jason Phillips Date
San Joaquin River Restoration Program Restoration Administrator Thomas R. Johnson Date

MADERA/KINGS ISW MOU
1/07/2025

EXHIBIT A
0 5
I I
• • ' : Madera Subbasin
• Major Cities
County of Madera GSA
adera Irrigation District GSA
adera Water District GSA
ew Stone Water District GSA
Orth Kings GSA
McMullin Area GSA
ls:::::I Root Creek Water District GSA
H: \_ Client_Proj ect\ 1165_Madera_ County\ 1 ! 65.17 _Joint_ GSP _5-Year _Update\GIS\Maps\ 20240905 Madera Kings Subbasins.qgz rB/ 09/ 2024 ClAVIClS
E N G l.....,EEAINO , INC
Exhibit A
Madera and Kings Subbasins - ISW MOU

MADERA/KINGS ISW MOU
1/07/2025

EXHIBIT B
0 I
5 I
H: \_ Oient_project\1165_Madera_ county\ 1165.17 _Joint_ GSP _5-Year _Update\GIS\ Maps\20240905 Madera Kings Subbasins.qgz Millerton Lake
San Joaquin River Reaches
• Major Cities
09/09/ 2024
Exhibit B DAVIDS
E N G INEEAINCl, INC San Joaquin River Reaches - ISW MOU

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: January 15, 2025
_________________________________ Agenda Number: ___________ Alicia Gonzales, City Clerk
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

City Council Appointment to Fill Vacancy in Council District 1 RECOMMENDATION:

It is recommended that the City Council:

1. Consider the applications for the City Council District 1 seat and, after deliberation, adopt a Resolution appointing a candidate to fill the vacancy; or

2. Direct staff to prepare a Resolution calling for a special election to fill the vacancy and return the same to the City Council no later than Sunday, February 2, 2025, as required by applicable law
DISCUSSION:

On December 4, 2024, the City Council voted to move forward with an appointment process to fill the District 1 vacancy created by the election of Cece Gallegos as Mayor. Council also outlined expectations for the process, which included submission of a completed application, a brief presentation by each candidate, and participation in a question-and-answer session. By motion, the Council identified Tim Riche and Rohi Zacharia (in alphabetical order by last name) as potential appointees for the District 1 seat.

At the December 18, 2024, Council meeting, by unanimous vote, the Council requested to revisit this item at the January 15, 2025 meeting to provide additional time for public input from residents impacted by the District 1 council seat vacancy. During this period, any new applications for the seat would also be considered. A public notice outlining the application process was published in the Madera Tribune and shared on the City’s social media pages and website.

D-4
It is important to note that a four-member consensus is required to proceed with additional nominations and the same majority consensus is needed to appoint a candidate to fill the seat for District 1.

By the close of the application period, three additional applications were received from M.

Wayne Padilla, Matthew Soto, and Erika L. Jauregui. All applicants confirmed their status as registered voters and their compliance with age and residency requirements.

The five applicants are listed on Table 1.

Table 1: Applicants; in alphabetical order by last name Erika L. Jauregui
M. Wayne Padilla
Tim Riche
Matthew Soto
Rohi Zacharia
Process
Applications will be reviewed by the Council and a four-member consensus is required to proceed with additional nominations and the same majority consensus is needed to appoint a candidate to fill the seat for District 1.

If the Council nominates an applicant, the nominated candidate will be asked to give a brief presentation explaining why they are seeking to fill the District 1 Councilmember seat for the remainder of the term, and respond to questions posed by Council. Public comments will also be invited.

Once presentations, Council questions, and public comment have concluded, Council may proceed with selection process as follows.

1. Deliberations

2. Motion and second to appoint one of the candidates

3. If the motion receives a majority vote, proceed to adopt a Resolution appointing the candidate

4. Should the motion fail to receive a majority vote, Council may entertain another motion and proceed as outlined above. Repeat as necessary until a candidate receives majority vote.

Should the Council be unable to reach a decision, a Resolution calling a special election will need to be adopted. Under Code Section 36512 (b) (1) the earliest a special election can occur is on the next regularly scheduled election date of November 4, 2025. As a result, the District 1 seat would remain vacant for nearly a year.

FINANCIAL IMPACT:

There is no significant fiscal impact associated with filling the vacancy through an appointment, apart from the monthly stipend of $500 and the cost of health benefits, should the appointed Councilmember choose to receive them. Alternatively, the appointee may elect to receive a $450 in-lieu payment in place of health benefits.

In contrast, the estimated cost of holding a special election in November 2025 is projected to range between $35,000 and $40,000.

ATTACHMENTS:

1. Resolution to Fill the District 1 Vacancy on the City Council following an Application and Interview Process

2. Applications (in alphabetical order by last name):
a. Erika L. Jauregui
b. M. Wayne Padilla
c. Tim Riche
d. Matthew Soto
e. Rohi Zacharia

3. Resolution Calling for a Special Election to Fill the District 1 Vacancy on the City Council Attachment 1: Resolution
RESOLUTION NO. 25-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA TO FILL THE DISTRICT 1 VACANCY ON THE CITY COUNCIL FOLLOWING AN

APPLICATION AND INTERVIEW PROCESS
WHEREAS, City Council District 1 Councilmember Cece Gallegos was elected to serve as the City’s Mayor during the November 2024 General Election; and WHEREAS, if a sitting Councilmember is elected to another Council seat, their original seat becomes vacant pursuant to Government Code Section 1099, which states that a public officer shall not simultaneously hold two public offices that are incompatible. Furthermore, when two public offices are incompatible, the public officer is deemed to have forfeited the first office upon entering into the second, resulting in a vacancy in the first seat; and WHEREAS, at a regular meeting of the City Council held on December 4, 2024, upon being sworn in as Mayor, Cece Gallegos vacated her seat as District 1 Councilmember; and WHEREAS, Government Code Section 36512 establishes the means by which a City Council vacancy may be filled; and
WHEREAS, 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 fill the vacancy by appointment or call for a special election; and WHEREAS, at the December 4, 2024 City Council meeting, the City Council nominated Tim Riche and Rohi Zacharia as potential candidates for the District 1 appointments; and WHEREAS, at the December 4, 2024 City Council meeting, Mr. Riche and Mr. Zacharia accepted their nominations to fill the vacated District 1 seat; and WHEREAS, the City Council requested that both nomineessubmit applications expressing their interest in serving the remainder of the term for the District 1 vacancy; and WHEREAS, both nominees submitted applications by the deadlines outlined by the City Council; and
WHEREAS, at the regularly scheduled meeting held on December 18, 2024, the City Council considered the applications, allowed applicants to address the Council, and provided an opportunity for the public to comment upon the applicants.

WHEREAS, at the December 18, 2024 meeting, the City Council, by unanimous vote, requested to reopen the application process for the District 1 seat; and 2 WHEREAS, three additional applications were submitted by the deadlines outlined by the City Council by Erika L. Jauregui, Matthew Soto, and M. Wayne Padilla; and WHEREAS, at the regularly scheduled meeting held on January 15, 2025 the City Council considered the applications; and
NOW, THEREFORE, the City Council of the City of Madera hereby resolve as follows:

1. Pursuant to Government Code Section 36512, __________________ is hereby appointed to the vacant District 1 position on the City Council and shall serve as a member of the Madera City Council for the remainder of the unexpired term of former Councilmember Cece Gallegos.

2. The person appointed shall take office effective immediately after taking the Oath of Office and shall serve exactly as if elected at a municipal election for the office for a term ending in December 2026.

3. This resolution shall become effective immediately upon adoption. **********
Attachment 2: Applŝcations

APPLICATION FOR APPOINTMENT TO THE

MADERA CITY COUNCIL
This application is a public record and will be included with the applicable City Council materials and may be posted on the City's website. Thank you for your interest in serving on the City of Madera City Council.

DISTRICT RESIDENCY
Please note that candidates must reside in City Council District 1.

GENERAL INFORMATION
Name:

Home Address:

Phone No.: - -------
Email:

Occupation: Employer: -===========
Number of years lived in Madera: lt"2-
ATTACHMENTS:

In addition to completing this page, please attach:

1. A resume outlining your educational background and professional experience

Date
Civic service is a privilege and responsibility of our citizens. The value and importance of the participation of our citizens cannot be measured. Your interest in serving on the City Council of the City of Madera is greatly appreciated.

Erika Leticia Jauregui
Cell • Email.

Objective:

To learn, assist and oversee in the work of the city departments and agencies, and learn of the accountability and growth of the governance.

Work Experience:

Administrative AssistanVLogistics Coordinator (Jun '22 - Present) HWJ Designs for Agribusiness - 401 N Minnewawa Ave . Clovis. CA 93611 Maintain confidential and sensitive information (NOA)
• Create International Documents for Customs
• Oversee shipments
• Coordinate Trucks to pick up and deliver products. domestic and internationally • Handle Quote Requests
• Technical Support for Field Techn1c1ans
• Oversee orders
• Calculate Quarterly Sales Tax and Reconcile Credit Card Statements • Assist in Audits
• Maintain service and installation manuals for machinery Draftsperson (Mar '13 - Jun '22)
HWJ Designs for Agribusiness - 401 N Minnewawa Ave , Clovis. CA 9361 1 • Render 3-dimensional images and parts
• Create parts as a portable OXF files to submit for laser manufacturing • Create Parts, Service and Installation manuals for machmery and for prototypes • Maintain confidential and sensitive information (NOA) • Create electrical and assembly drawings for techn1c1ans and assemblers • Create and complete purchase orders with vendors
• Perform duties as a Product L1a1son
• Quality Control for critical tolerances on specialty parts • Communication between departments and administrators for completion of orders • Complete any special proJects needed by request
• Provide relief in front office as needed with phone etiquette and office procedures Production Supervisor (Feb '12 - Mar '13)
The Hulling Company (OBA Russell Harns Farms)- 19482 Road 19. Madera, CA 93637 • Oversaw fabrication shop production
Prepared agendas for shop safety meetings
• Assisted in daily office operations with use of office equipment • Tracked development financial expenses and recordkeepmg for new facility construction • Liaison between Management and Contractors
• Created agenda for meetings, recorded minutes & notes for management and contractors • Communicated and coordinated with Main Office
Draftsperson (May '09 - Feb '12)
HWJ Designs for Agribusiness - 401 N. Minnewawa Ave . Clovis. CA 93611 • Render 3-dimensional images and parts
Resume:

Phone:
• Create parts as a portable DXF files to submit for laser manufacturing • Create parts service and installation manuals for existing machinery and for prototypes • Create electrical and assembly drawings for techn1c1ans and assemblers • Create and convert files into PDF format
• Create and complete purchase orders with vendors
• Communicate between departments for completion of work orders Maintain confidential and sensitive information (NOA)
Perform duties as a Product Liaison
Quality Control for critical tolerances on specialty parts • Complete any special pro1ects needed by request
Administrative Assistant (Dec '06 - May 09)
Fork Lift Specialties. Inc. - 3711 W Franklin Ave . Fresno. CA 93706 • Daily Bank Deposits
Accounts Payable
• Accounts Receivable create reports with detailed notes • Data Entry
• Develop office procedures
• Assign field work orders for mechanics
• Assist in department progress
• Maintain sensitive and confidential 1nformat1on
• Responsible in tracking rental fleet maintenance for Service Department, create reports of services due
Responsible for tracking rental fleet locations
• Responsible for tracking mechanics online training courses • In charge of special projects assigned & assist Office Manager and Controller Assistant Drafter (Jun '06 - Dec '06)
T.G. Schmeiser Co. - 3160 E. Californ ia Ave., Fresno, CA 93714 Plot & send programs to be laser cut on Plasma Machine
• Maintained log of programs cut for Pollution Control District • Redraw and Revised drawings, ma1nta1ned updated drawings Accounts Payable & Receivable, Clerical (Nov ·02 - Jun 06) Fork Lift Specialties, Inc. - 3711 W Franklin Ave , Fresno. CA 93706 • Accounts Receivable
• Accounts Payable
• Scanned Payable Invoices
• Perform basic office duties, answering phone, fax filing. data entry Assign field work order for field technicians
Skills & Program Proficiency:
• Bilingual (Spanish & English)
• Typing at 65-70 WPM • Microsoft PowerP01nt
• 10-Key • Solidworks 2009
• Microsoft Word • Auto CADD 2000 & 2008
• Microsoft Excel • Interpersonal Skills
Education:

California State University. Fresno
5241 N. Maple Ave . Fresno. CA 93740
References:

Resume: Erika L. Jauregui
Phone:
(Spring 2010 - Spnng 2014, unfinished BS m Civil Engineeri ng) Fresno City College
1101 E. University Ave , Fresno CA93741
(Transferred to Cal1forn1a State Un,vers,ty - Fresno 2010) Available Upon Request

APPLICANT QUESTIONNAIRE
Please answer the following questions to the best of your ability. Feel free to attach additional pages if necessary.

1. Please explain why you would like to be appointed to the City Council.

2. What qualifies you to serve on the City Council?

3. What are the greatest opportunities for the City from your perspective?

4. What other information do you think is relevant to your application? Applicant Questionnaire Responses by Erika L Jauregui:

1. I, Erika L Jauregui, hope to be considered for appointment to Madera City Council for District 1. I was born and raised in Madera, and have seen the City of Madera grow and flourish. I have two sons' who attend John Adams Elementary, they are both active boys. As an outlet to get them to direct their energy, I signed them up for sports. Now, I found myself wanting to be more involved with the community. Wanting to learn of what we need to grow our city and to help provide opportunities for our youth and residents.

2. Besides being a lifelong resident of Madera, I am a mother who wants more for our city and more for the youth of our city. I am observant and hopefully that can shed light to issues and topics within our city.

At my current employment, I have to problem solve on a daily basis and I hope to apply those skills to the City of Madera Council

3. The greatest opportunities for the City of Madera are the diversity of the parks, but I do feel that the city is missing proper lighting for these parks, thus providing opportunity for vandalism and homelessness.

Alongside the parks, community involvement with the parades is an opportunity that should hopefully happen more often, and farmers markets to bring on small business owners to display their crafts.

4. I am the first generation, my parents immigrated from Zacatecas Mexico. I have 2 sons who I've dedicated myself to and seek opportunities for them to be happy and flourish to hopefully become amazing me:nbers of the community.

APPLICATION FOR APPOINTMENT TO THE
MADERA CITY COUNCIL -----------·------
This application is a public record and will be included with the applicable City Council materials and may be posted on the City's website. Thank you for your interest in serving on the City of Madera City Council.

DISTRICT RESIDENCY
Please note that candidates must reside in City Council District 1.

GENERAL INFORMATION
Name: M. Wayne Padilla
Home Address:

Phone No.:

Email:

Occupation:

Number of years lived in Madera: 40
ATTACHMENTS:

In addition to completing this page, please attach:

1. A resume outlining your educational background and professional experience

2. Applicant questionnaire
I hereby certify that all statements made in this application are true and complete. I legally reside in the City of Madera in District 1. I am 18 years of age or older and registered to vote. In compliance with State law, I understand that I will be required to file a statement of Economic Interests upon appointment to office and annually thereafter. I understand that my application and materials will be considered a public record and are available for public inspect~n~d copying. The application may be posted on the City's website. /-- (___) 01/03/2025 ----------- Date
Civic service is a privilege and responsibility of our citizens. The value and importance of the participation of our citizens cannot be measured. Your interest in serving on the City Council of the City of Madera is greatly appreciated.

1. Please explain why you would like to be appointed to the City Council I am seeking this appointment because my experience leading large and small municipalities is needed to help shape Madera’s future. Like all cities, Madera faces various challenges and my skillset and connections to all communities within the state will be advantageous in bringing the most beneficial solutions to those problems.

2. What qualifies you to serve on the City Council?
My extensive, direct experience leading large and small cities. When it came to fiscal decisions, I was the one who researched and developed the options posed to the governing body for action.

I have provided the fiscal impact analysis for multiple general plan updates and assisted with the preparation of the Housing Element Update for multiple agencies.

I wrote the first successful grant application that brought Madera $500,000 for construction of the John W. Wells Community Center.

I have been involved with both short-term and long-range planning processes that incorporated community engagement and set cities on a path to success and garnered a high level of resident satisfaction. I want to bring this mindset to the city.

3. What are the greatest opportunities for the city from your perspective? Shifting from a largely Ag-based economy to one that is more diverse is both the greatest opportunity and challenge for Madera. The opening of the new casino will begin to shape that transition. The actions taken now to incorporate that amenity into the community must be carefully planned to provide long-term benefits for Madera.

There is a unique opportunity created by the fact the Governor’s Office has grown frustrated with local communities’ efforts to address the needs of the unhoused population and provide affordable housing to residents. Smart agencies will seize the opportunity to prepare proposals to address both needs and send them to Sacramento as requests for exemptions to the cookiecutter rules sent down from Sacramento so both issues can be addressed in a manner that works for the community.

Local education agencies are doing an excellent job teaching and training school-aged and older residents for new jobs. Madera can draw more diverse industry with proper planning and marketing because we can provide the employees when they are needed.

Incorporating the commercial growth represented by Village D is another opportunity which can and should support services for existing and new residents.

I plan to bring representatives from a Community Choice Aggregator to speak with Madera city officials about a proposal to provide the community with cheaper electric energy options.

I am also negotiating with a private capital investor to establish a non-profit entity to restore the revolving construction loan fund that I helped create for the Madera Redevelopment Agency.

This will allow zero interest loans for contractors building affordable housing.

4. What other information do you think is relevant to your application? As the only applicant who ran for office in the November election, I can proudly point to the fact that more than 1,100 residents in District 1 voted for me. This shows my experience, and the campaign message, was well received.

I have much respect for the City Manager, having collaborated with him on a volunteer basis to provide feedback on budget development and as a consultant on revenue matters. My understanding of what staff does to make the city function will help inform the actions I take on the dais.

As a licensed private pilot, I have an appreciation for the airport unlike anyone on the City Council. I have flown to and from the airport for both recreational and business purposes and know the value it represents to the community.

I want to see a better set of options provided to serve the unhoused people and animals in Madera.

If appointed to the City Council, I will work with all six of my colleagues to address the needs of the community. I have not formed a relationship with any of the Councilmembers or any business, trade, or labor association that would hinder my ability to act impartially on proposals brought by any of them. The focus must be on setting policy to provide what is best for the community, period.

M. Wayne Padilla
Education:

CSU Fresno
1981-84
Bachelor of Science - Accountancy
Certificationsϧ

ertified ublic Accountant – November 1͗͘͘
FAA Licensed Pilot – July 1984
rofessional (Ƅperienceϧ
Affordable Fousing
(stablished the framework for a zero-interest revolving loan fund for contractors building affordable housing in MaderaϢ reviewed multi-family housing proposals to provide hundreds of affordable units and prepared action items for city council approvalϢ secured grant funds to subsidize affordable housing unitsϢ oversaw audits of multi-family affordable rentals to ensure compliance with program requirementsϢ served as the chairman for loan review committees for new home buyer and housing rehabilitation programs.

Grant rogram Administration
Served as the grant program administrator for
DG funding under both entitlement and competitive
funding environmentsϢ prepared
A(s and
onsolidated lans for council approvalϢ wrote the grant application awarded $500,000 for the construction of the John W. Wells Community Center. udget reparation and Oversight
repared annual budgets for cities and redevelopment agenciesϢ prepared the OS report for a Successor AgencyϢ prepared forecasts and action plans for council action that minimized reductions in worħforce during recessionary periodsϢ oversaw budget worħshops for citizens and councilmembersϢ established equipment replacement reservesϢ established Ĥustifiable fund balance reserves and restrictions as neededϢ served as budget liaison to >resno ity
ouncil resident, (smeralda Soria,
during annual budget review hearings.

Debt Management
Oversaw the issuance of new debt in excess of $500 millionϢ identified refinancing opportunities to cut debt costsϢ opened credit lines to accelerate equipment replacements deferred for many years.

Treasury Management
As the city treasurer, I managed portfolios valued in the tens of millions of dollarsϢ during the Great ecession, my foresight led me to pull investments from financial institutions having a high exposure to mortgage risħ. As a result, my agency lost nothing when mortgage defaults hit an all-time high.

Fuman esource elations
Served on labor negotiation committees representing administrationϢ as a member of a bargaining group, served on the negotiating committeeϢ served as human services division head as neededϢ participated in group personality assessments as team building exercises.

User Fees and Development Impact Fees
Prepared numerous user fee and development impact fee studies to assure revenues kept pace with the cost of providing services, minimized deferred maintenance, and brought infrastructure conditions from poor to well-maintained; conducted public hearings prior to council vote on fee studies.

Revenue Maximization/ Cost Cutting
Much of my career has been spent analyzing agencies' existing revenue streams to see if they are being maximized. For example, rather than proposing to raise a fee or tax, my tests determine if the fee or tax is being applied appropriately to all entities who should be paying it. When lapses are found, new policies are developed to ensure no future omissions occur. Every new budget presents an opportunity to evaluate spending habits and trends. One question I always ask is whether a new way can be found to perform a function that is more efficient and effective.

Local Ordinance/ Policy Development
Developed routine policies for use in employee handbooks; developed policies covering debt issuance procedures and the pre-funding of unfunded retirement debt; developed cash management policies for treasury functions; updated local ordinance language covering utility services and billing functions.

Streets/ Roads/ Transit
Assisted with the preparation of the STIP and FTIP roadway construction funding documents; participated in project management to ensure timelines were met; established annual revenue needs to support street maintenance and transit operations; managed daily transit operations; oversaw transit unmet needs annual data collection and reporting.

General Plan
Prepared economic analysis related to General Plan document updates; participated in public hearings related to General Plan adoption; prepared economic analysis related to proposed land annexations.

Making Government Relatable
I have spent many hours working with councilmembers and the public to educate them on various topics that have proven to be difficult to comprehend. I have received numerous acknowledgements for my ability to take the abstract and make it understandable for the layperson.

Employer Timeframe Position
HdL Companies Sept. 2015 - present Consulting Government Revenue Expert City of San Luis Obispo Jan. 2013- Sept. 2015 Finance & I.T. Director/ Treasurer City of Chowchilla July 2009 - Jan. 2013 Assist. City Mgr/ Finance Director/ Treasurer City of Chowchilla RDA July 2009-Jan. 2013 Finance Director/ Treasurer City of Modesto Sept. 2005 - July 2009 Finance Director/ Treasurer City of Madera Jan. 2006-Sept. 2005 Finance & I.T. Director/ Treasurer City of Madera RDA Jan. 2006 - Sept. 2005 Finance Director/ Treasurer Dos Palos Oro Loma Unified Jan. 1995- Dec. 1995 Finance Director Fresno Unified School Dist. Feb. 1988 - Dec. 1994 Finance Manager/ Budget Analyst KPMG Peat Marwick CPAs Jan. 1984 - Feb. 1988 Government Agency Auditor

COMPENSATION & BENEFITS
Members of the City Council receive a stipend of $500 per month and are eligible for health care benefits.

APPLICATION FOR APPOINTMENT TO THE

DISTRICT RESIDENCY
Please note that candidates must reside in City Council District 1.

GENERAL INFORMATION _
Name: - Home Address:

Phone No.:

Email:

Occupatio
Number of years lived in Madera:

ATTACHMENTS:

In addition to completing this page, please attach:

1. A resume outlining your educational background and professional experience

2. Applicant questionnaire
I hereby certify that all statements made in this application are true and complete. I legally reside in the City of Madera. I am 18 years of age or older. In compliance with State law, I understand that I will be required to file a statement of Economic Interests upon appointment to office and annually thereafter. I understand that my application and materials will be considered a public record and thus will be available for public inspection and copying. The completed applications may also be published on the City's website.

Applicant's Signature Date I/
Tim Riche'
ree-shay

PROFILE
I was born in New Orleans and raised in Ponchatoula, LA until 1996 when I moved to Madera. Madera was home to me while I finished my degree at Fresno State then I moved to Los Angeles. While in Los Angeles, I realized that I enjoyed working with young people and being a positive influence. I am now in my 25th year teaching and I still love coming to work every day. I am married to Christina, the Principal of the new King Husein K 8 School in District 1, father to James, Samantha and Riley. James has autism and is in the Madera County Schools program, Sam is at Madera High and Riley is at Thomas Jefferson.

EXPERIENCE
Teacher - Madera Unified- Madera, CA 2000- Present I have taught five different classes of English, Journalism 1 and ROP/CTE Television Production. I wrote and started a Digital Imagery (photography) class that is now expanded to eight classes on two campuses. I was on the committee for the separation of the two high schools. I have been an advisor for Link Crew, Humanities Academy, Junior and Senior Class, Blue Crew, Safe School Ambassador Program, Foster Student Mentor and Bluetone. Bluetone was a TV show that my ROP television class produced 5 times a year and broadcast at that time via VHS to the entire school. Department Chair multiple years. I was a Golf Coach and Academic Coach for the Coyote football team raising the average GPA from 2.35 to 3.25. For over 10 years I have worked in BTSA as a mentor to new teachers at many levels.

Work Experience As the only teacher providing Work Experience for the last twelve years, I service students from elementary schools through the high schools. My job is to issue Work Permits, validate Entertainment Permits and ensure that the students are working in safe and healthy environments by often visiting those sites. Students that are Junior or Senior students can enroll in Work Experience where they obtain credits for their time on their job and meeting state standards in curriculum. Currently I am the only person certified on the rules and guidelines for work permits in Madera County. I am part of the team that is launching a Graduate Profile program by coordinating dates, securing facilities and arranging interviewers for seniors to present. I manage the website for our Career Technical Education program that is one of the best programs in the state. Inside the department I have the opportunity to work with teachers, students and the community in developing pathways that allow our students success. Example is our World Champion Robotics Team.

Community Involvement I have built relationships and spoken at Lions Club, Key Club, Rotary Club, Morning Rotary, Breakfast Lions, MMA and most recently at the City of Madera Youth Leadership Conference. I was digital media director for the Measure K campaign that had failed three times prior and this time passed with 80 percent of the votes in favor. I am currently part of the Madera Vision 2025 class that is helping develop vision for the city of Madera. I have coached multiple sports in the city and support the city's program for handicapped children. I was a Commissioner for City of Madera ADA counsel. I also have helped put together videos and websites for the SecondWindSk that raised over $100,000 dollars for the Madera Food Bank and Rescue Mission. I am President of the Linkage Foundation that raises tens of thousands of dollars for Madera Unified Students. I am part of the Madera Compact that supports students like my son that attend Madera County Run Schools. Currently I am serving as President of the CAB board for Valley Public Broadcasting System - PBS. The OLIVE Foundation chose me as their treasurer for the last couple of years as we work to rescue sex trafficked victims. It is my honor to serve on the elder board at Valley West Christian Center where our vision is to bless the city of Madera with God’s love. The Madera County Workforce Development Agency has allowed me to be on their board going on four years where we have hired a new director and are developing the programs that will enable a workforce. I am President of the statewide program called CAWEE where we get to mentor new teachers from Chico to San Diego and everywhere in between. The California Work Experience Educators was in disarray and we have now stabilized the organization.

Prior Work
Owner Small Business TimRicheMedia Conulting Produced media and content, helped established branding and helped businesses market themselves internally and externally.

Teacher - Violet Heintz Academy - Caruthers, CA 1999-2000 On the site of Elkhorn Correctional Facility (Boot Camp), I taught an inclusive class of six subjects to Juvenile Violent Felons.

Health Unit Coordinator - Valley Children’s Hospital - Fresno, CA 1998-1999 In Craycroft Unit, I managed patient care and operations of the unit.

Videographer KMPH Fox 26 Fresno, CA 1998-1999 Videoed news stories, edited and had them prepared for the nightly broadcast.

Children’s Pastor - Valley West Christian Center - Madera, CA 1996-1999 Took over all aspects of organizing services, classes, camps and whatever else the kids were doing. Partnered with United Way and helped develop an after school program for the students in the neighborhood.

Playground Director Lily Street Housing Complex Organized activities for the children at Lily Street and Knox complexes. Was the first job I ever had in Madera and easily the best job I ever had! Other Pertinent Job Skills Competent on Google Apps, Adobe Photoshop, QuickPermit, Final Cut Pro, Imovie, Livefeed, Word, Powerpoint, Excel and Youtube Codec Streaming, Tik Tok, Facebook Insta Creative Studio
Still know the FFA creed and was a state placer in FFA Public Speaking, Timber Judging and was a Louisiana State Officer at Large

EDUCATION
Graduated 2010 Fresno Pacific University with a Masters in Educational Leadership and Organization as well as have an Administrative Services Credential
Graduated 2005, CSU San Bernardino with my ROP Teaching Credential Graduated 2003, CSU Fresno with my Multi-Subject Credential from the Cal State Teach Program Graduated 1997, CSU Fresno with a B.A. in Mass Communication and a minor in English

1. Please explain why you would like to be appointed to the City Council.

I would like to be appointed to the Madera City Council because I am deeply committed to the future of this community that has been my home for over 30 years. Madera has given so much to me and my family, and I feel it’s time to give back in a meaningful way.

I’ve spent my career teaching, mentoring, and working alongside the incredible people of Madera, and I’ve seen firsthand the challenges we face as well as the incredible potential we have to grow and thrive.

I’ve always believed in the power of education and community engagement, and my work in the schools and with local organizations has shown me how vital it is to have strong leadership that listens to the needs of its residents. Whether it's creating pathways to success for our youth through Career Technical Education, advocating for vulnerable populations, or ensuring that Madera's growth benefits all its residents, I want to be part of the decision-making process that shapes our city's future.

As a father, educator, and active community member, I’ve had the privilege of working with a wide range of people—from local businesses to school leaders to nonprofit organizations—and I’ve learned that collaboration and a long-term vision are key to solving the challenges we face. Serving on the City Council would allow me to bring that spirit of cooperation and problem-solving to the table. I’m passionate about creating a Madera where families can thrive, where local businesses grow, and where our youth have the tools and opportunities they need to succeed.

I also believe it’s essential to be a voice for everyone in our community, especially the underserved. Whether it’s advocating for more resources for our students, supporting programs for individuals with disabilities, or working on issues like affordable housing and job creation, I want to ensure that all residents—regardless of their background—feel heard and supported.

Ultimately, I’m driven by a simple goal: to make Madera a better place for everyone who lives here. I have the experience, the relationships, and the commitment to do that.

Serving on the City Council would give me the platform to turn my vision for Madera into action and contribute to a brighter, more inclusive future for our city.

2. What qualifies you to serve on the City Council?

1. Commitment to Education and Workforce Development
● 25 years of experience as an educator: Your long-standing career in teaching, including working in leadership roles like Department Chair and mentoring new teachers, showcases your dedication to education and community development. ● Innovative in developing career pathways: You’ve created and expanded curriculum programs, like the Digital Imagery class and the Work Experience program, which help students build skills for future careers. ● Involvement in Madera's Career Technical Education (CTE) programs: Your hands-on experience working with Madera Unified’s top-ranked CTE program and helping students gain practical, job-ready skills aligns with the city’s need for workforce development.

2. Leadership Experience
● Leadership roles in community organizations: Serving as president of multiple local and statewide organizations (e.g., Linkage Foundation, CAWEE, Madera Compact), you’ve demonstrated your ability to lead and collaborate with a wide range of stakeholders to achieve common goals.
● Workforce development leadership: Your four years of experience with the Madera County Workforce Development Agency and your role on its board show your commitment to growing Madera’s workforce and improving local employment opportunities.
● Organizational stabilization and growth: As president of CAWEE, you successfully helped stabilize the organization, highlighting your ability to manage challenges and lead initiatives to success.

3. Community Engagement and Service
● Active community volunteer: Your involvement in organizations like the Lions Club, Rotary, Madera Vision 2025, and Valley Public Broadcasting System demonstrates your commitment to civic engagement and improving Madera. ● Passion for supporting underserved communities: Your work with programs like the SecondWind5k (benefiting the Madera Food Bank), the OLIVE Foundation (rescuing sex-trafficked victims), and the Madera City ADA Council shows your passion for social justice and helping vulnerable populations. ● Youth mentorship and support: Through roles like Link Crew advisor, Blue Crew, Safe School Ambassador, and mentoring foster youth, you have a proven track record of advocating for and working directly with Madera's youth, an essential focus for city leadership.

4. Commitment to Madera's Growth and Future
● Role in Measure K campaign: Your leadership in the successful Measure K campaign, where you helped pass the measure with 80% approval, shows your ability to rally support for important city initiatives. ● Vision for Madera's development: As a participant in Madera Vision 2025, you have contributed to shaping the city's long-term growth strategies, demonstrating your forward-thinking approach to urban planning and development. ● Deep connection to Madera: Your personal and professional ties to Madera (having taught in the district for over 20 years, raising a family here, and engaging in city initiatives) give you a unique, long-term perspective on the needs of the community.

5. Skills in Communication and Media
● Media and digital communication expertise: Your background in media (e.g., video production, digital media direction for Measure K, managing CTE websites) equips you with the skills needed for effective public communication and outreach, essential for engaging with the community as a City Council member. ● Social media and digital engagement: Your proficiency with platforms like TikTok, Instagram, and YouTube, combined with your experience creating digital content, will be a great asset in reaching younger constituents and promoting transparency through digital channels.

6. Fiscal Responsibility and Organizational Development ● Fundraising and resource development: Your work with the Linkage Foundation, Madera Unified, and other nonprofits demonstrates your ability to raise significant funds and mobilize resources for community initiatives. ● Experience with budgets and financial oversight: As treasurer for the OLIVE Foundation and as president of the Linkage Foundation, you have practical experience managing finances and ensuring accountability in nonprofit and community-based organizations.

7. Knowledge of Local and State Government
● Experience with local government and advocacy: Your work as a commissioner for the City of Madera ADA council and participation in various civic initiatives shows your knowledge of local governance and your ability to advocate for the needs of the community.
● Experience with education policy: Your background in education policy (including working with the Madera Unified school board and helping develop the Graduate Profile program) positions you as a knowledgeable advocate for public education, a key area of focus for city development.

8. Proven Track Record of Collaborative Leadership
● Collaboration across sectors: Your extensive work across education, business, government, and non-profit sectors demonstrates your ability to bring together diverse groups and work collaboratively to solve complex issues. ● Engagement with key community stakeholders: Your relationships with local organizations, businesses, and government entities (such as the Madera County Workforce Development Agency and Valley West Christian Center) show that you are well-connected and respected in the community.

In summary:

Your qualifications for serving on the Madera City Council are compelling due to your deep-rooted connection to the city, leadership experience, dedication to education and community service, and ability to advocate for sustainable growth and development.

You have demonstrated a capacity for making informed decisions, collaborating with diverse stakeholders, and driving positive change in Madera, making you well-suited to contribute to the city's future success on the City Council.

3. What are the greatest opportunities for the City from your perspective?
Madera is a city positioned for significant growth, with a wealth of opportunities that can lead to a successful and sustainable future. Its strategic location, agricultural base, and evolving demographics provide a strong foundation for future development. To ensure that Madera grows in a way that benefits all of its residents and creates lasting economic and social impact, the city can focus on several key areas of opportunity.

Here are the greatest opportunities for Madera in terms of growth and long-term success:

1. Economic Diversification and Job Creation
● Manufacturing & Logistics: Madera is strategically located near major transportation corridors (like Highway 99 and rail lines), making it ideal for attracting manufacturing and distribution companies. The growth of e-commerce, along with Madera’s proximity to larger cities like Fresno and the Bay Area, positions the city to become a hub for logistics and warehousing. This could create jobs in both high-skill and entry-level positions, benefiting the local economy.
● Agri-Tech and Innovation: Agriculture remains a cornerstone of Madera’s economy, but the future lies in transforming this sector through technology and innovation. The rise of agri-tech solutions—such as precision farming, water-efficient technologies, and sustainable farming practices—provides an opportunity for Madera to lead in the development and adoption of these innovations. Attracting agri-tech startups and research initiatives could diversify the local economy and create high-tech jobs.
● Renewable Energy & Green Jobs: With abundant sunshine, Madera has significant potential for expanding its renewable energy sector, particularly solar power. By investing in clean energy projects, Madera could create green jobs, attract new businesses in the energy sector, and potentially serve as a model for sustainability in the Central Valley.

2. Housing Development and Urban Growth
● Affordable Housing Expansion: Like many California cities, Madera faces a housing shortage. However, this also represents a major opportunity for growth.

The city can work to create more affordable housing options, including mixed-use developments that combine residential, retail, and public spaces. Expanding affordable housing will support the growing population, reduce pressure on housing prices, and provide opportunities for new residents to settle in the area. ● Revitalization of Downtown: Madera’s downtown area has the potential to be transformed into a vibrant, mixed-use district that attracts residents, businesses, and tourists. With the right investment in infrastructure, the downtown area could become a hub for retail, dining, cultural activities, and residential development. A revitalized downtown would boost the local economy, enhance the city's identity, and improve quality of life for residents.
● Smart Growth and Infrastructure Planning: As the city expands, it's important to focus on "smart growth" principles, ensuring that infrastructure—such as transportation, utilities, and public services—keeps pace with development. This includes focusing on sustainable land use, integrating green spaces, and ensuring that new developments are well-connected to transportation networks and other key amenities.

3. Tourism and Economic Development
● Gateway to Yosemite and Outdoor Recreation: Madera is located just south of Yosemite National Park, making it an ideal base for tourists heading to the park.

The city can capitalize on its proximity by expanding tourism-related businesses, including hotels, restaurants, outdoor recreation companies, and visitor services.

Madera could also develop recreational parks, trails, and nature reserves to enhance local tourism and attract visitors year-round.
● Cultural Tourism and Heritage Preservation: Madera’s rich agricultural history, cultural diversity, and proximity to historic landmarks provide opportunities to build a vibrant cultural tourism sector. Festivals, events, and community activities that highlight Madera’s unique cultural assets—such as music, arts, food, and local history—could attract visitors from around the region, the state, and beyond.

4. Education and Workforce Development
● Partnerships with Educational Institutions: Madera can leverage its position in the Central Valley by working with local universities, community colleges, and vocational schools to provide workforce training, technical education, and research opportunities. Strengthening partnerships with institutions like California State University, Fresno, and Merced College could help align Madera’s workforce with the needs of emerging industries like advanced manufacturing, tech, renewable energy, and agri-tech.
● Building a Skilled Workforce: As Madera diversifies its economy, developing a skilled, adaptable workforce will be crucial. This includes offering job training in high-demand fields such as health care, information technology, construction, and renewable energy. Ensuring that young people and adults alike have access to these opportunities will be essential for long-term economic growth.

5. Sustainability and Environmental Stewardship
● Water Management and Conservation: Water is a precious resource in California, and Madera, being part of the agricultural heartland, is particularly impacted by water management issues. Investing in water-efficient technologies and promoting sustainable water practices for both agriculture and urban development will be critical for the city’s growth. Madera could become a leader in water conservation techniques and policies, which would help secure its future as a viable place for both farming and urban living.
● Green Infrastructure and Smart City Solutions: Madera can take steps toward becoming a more sustainable city by embracing green infrastructure, such as stormwater management systems, energy-efficient buildings, and urban green spaces. Additionally, adopting smart city technologies—such as sensors to optimize traffic flow, energy use, and waste management—can improve the city’s efficiency and livability while reducing its environmental footprint.

6. Public Safety and Quality of Life
● Community Policing and Crime Prevention: As Madera grows, ensuring public safety is a top priority. Emphasizing community policing, crime prevention programs, and youth engagement initiatives could help reduce crime and create safer, more connected neighborhoods. Proactively investing in public safety measures will contribute to the overall quality of life and attract families and businesses to the area.
● Health and Wellness Initiatives: Expanding access to healthcare services, mental health resources, and public health campaigns would help ensure that Madera’s growth is accompanied by an improved quality of life. Promoting wellness programs and community centers that offer recreational activities and social services could further enhance Madera’s appeal as a family-friendly, healthy place to live.

7. Regional Collaboration
● Building Regional Partnerships: As a city within the Central Valley, Madera stands to benefit from regional collaboration with neighboring cities, counties, and regional organizations. Working together on regional transportation projects, economic development, environmental issues, and public services can help Madera punch above its weight and gain access to additional resources. For instance, collaborating on transportation infrastructure projects could reduce congestion and improve regional connectivity, benefiting both Madera and its neighbors.
● Attracting Regional Investments: Madera could take a proactive role in attracting regional, state, and federal investments, particularly in areas like transportation, housing, and public infrastructure. By positioning itself as a city of opportunity for investment, Madera could secure funding for key projects that drive long-term growth and prosperity.

8. Technology and Innovation
● Tech Hubs and Startups: The growth of technology industries across California presents an opportunity for Madera to build a tech-friendly ecosystem. This could include incubators for startups, co-working spaces, and collaborations with universities to create a thriving tech scene. Madera’s relatively low cost of living compared to coastal cities could make it an attractive location for entrepreneurs and tech companies looking for more affordable bases of operations. ● Smart Agriculture Technologies: Given the city’s agricultural roots, Madera has the potential to become a leader in smart farming technologies. By fostering innovation in this sector, Madera could attract investment from companies focused on developing and scaling agri-tech solutions, further diversifying its economy and creating high-tech jobs.

Conclusion
For Madera to achieve growth and success in the coming years, it must leverage its unique position in the Central Valley while embracing diversification, sustainability, and innovation. Key areas such as economic diversification, smart urban development, renewable energy, workforce development, and cultural tourism present significant opportunities for long-term prosperity. By prioritizing these areas and investing in infrastructure, education, and community well-being, Madera can shape a successful future that enhances the quality of life for all its residents.

4. What other information do you think is relevant to your application?
These include personal qualities, leadership experiences, and specific examples that highlight your suitability for a role that requires collaboration, problem-solving, and a deep understanding of the community’s needs. Below are some additional points that are relevant for the City Council board to know:

1. Long-Term Commitment to Madera and Its Residents
● Deep roots in Madera: Having lived in Madera for over two decades and raised a family here, you have a genuine understanding of the community's needs and priorities. Your connection to Madera is not just professional, but personal. This long-term perspective ensures that decisions you make will prioritize the city's well-being for future generations.
● Dedication to Madera Unified School District: Your ongoing involvement in Madera Unified, including teaching for over 20 years and your leadership roles in education, speaks to your long-standing commitment to the city’s youth and their futures. Serving as a mentor to new teachers and supporting the district through various initiatives demonstrates a commitment to improving Madera’s educational landscape—a cornerstone of any thriving city.

2. Proven Experience in Stakeholder Engagement and Collaboration ● Effective collaboration with diverse community groups: You have worked with a wide array of organizations and community groups (e.g., Lions Club, Rotary Club, Madera Vision 2025, Measure K campaign). This broad range of collaboration proves you understand the importance of engaging different community stakeholders in the decision-making process and building consensus around key issues.
● Community leader with a focus on service: Your consistent involvement in leadership roles, including as president of the Linkage Foundation, as well as your work with the Madera County Workforce Development Agency, show you are an advocate for both the city's future and the people in it. You can unify disparate groups to work toward a common vision, an essential trait for any elected official.

3. Passion for Social Justice and Equity
● Work supporting vulnerable populations: Your service with the OLIVE Foundation (rescuing sex-trafficked victims), your involvement in the Madera ADA Council, and your work with the Madera Food Bank and Rescue Mission highlight your strong commitment to social justice, equity, and improving the lives of Madera’s most vulnerable residents. This focus on inclusivity and equality is crucial in government and ensures that decisions will be made with the interests of all citizens in mind.
● Commitment to youth and at-risk populations: Your work mentoring foster youth, creating programs for young people, and leading initiatives such as the Safe School Ambassador Program underscores your dedication to empowering the next generation. These efforts show you prioritize the well-being of Madera’s youth, who will shape the city’s future.

4. Practical Problem-Solving Skills and Results
● Successful implementation of Measure K campaign: As the digital media director for the Measure K campaign, you played a key role in turning a measure that had failed three times into one that passed with 80% approval. This achievement demonstrates your ability to strategize, communicate effectively, and unite the community around important initiatives. It also highlights your understanding of local politics and how to get things done within the framework of city governance.
● Work Experience and Job Placement: Your leadership in running the Work Experience program for Madera Unified, particularly with students and employers, shows that you are adept at identifying and implementing solutions to real-world challenges. Your direct work with local businesses to ensure safe work environments and your management of work permits demonstrate a hands-on approach to addressing the needs of Madera’s workforce.

5. Data-Driven Decision Making and Organizational Management ● Managing complex programs and budgets: Your experience managing programs such as Work Experience, the Career Technical Education program, and fundraising for the Linkage Foundation highlights your ability to manage budgets, resources, and staff effectively. You have the skills to balance financial oversight with program development, ensuring efficient use of city funds and resources.
● Proven record in organizational development: From stabilizing the California Work Experience Educators (CAWEE) association to managing the career-focused programs in Madera Unified, you have a track record of building and sustaining successful organizations. You know how to create systems, evaluate their success, and continuously improve operations—skills that are critical for managing a city’s budget and programs.

6. Strong Communication and Public Relations Skills
● Media expertise: With your background in digital media and video production, you bring a unique set of skills that can help the City Council engage effectively with residents through social media, online platforms, and public outreach campaigns. In today’s digital age, transparent communication with the public is more important than ever, and your ability to manage websites, create digital content, and leverage social media tools will be an asset for the city. ● Public speaking and advocacy: You’ve demonstrated your comfort in speaking to diverse groups—from Lions Clubs to the Madera City Youth Leadership Conference to educational stakeholders. Your ability to communicate clearly, advocate for causes you believe in, and inspire others will help ensure that the voices of the community are heard at City Council meetings.

7. Focus on Economic Development and Workforce Empowerment ● Understanding of Madera’s workforce needs: Your work with the Madera County Workforce Development Agency and Madera Unified’s CTE programs shows that you are focused on creating pathways to employment and empowering residents with the skills they need for the future. This focus on job creation, workforce readiness, and career pathways will be essential in shaping Madera’s economic future.
● Support for local businesses and entrepreneurship: Through your small business, TimRicheMedia Consulting, you helped businesses with branding and marketing. This background gives you an understanding of the challenges and opportunities facing local businesses. You can bring this perspective to the City Council to support Madera’s economic growth by fostering entrepreneurship, attracting new businesses, and supporting small businesses.

8. Strong Ethical Foundation and Integrity
● Personal values and community-focused leadership: Your involvement in the church and various nonprofit organizations shows a strong ethical foundation based on service and integrity. As President of the CAB board for Valley Public Broadcasting System and as an elder at Valley West Christian Center, your values align with public service and community-focused leadership. These roles reinforce your commitment to serving the public good, advocating for fairness, and upholding the city’s values.

9. Willingness to Lead and Evolve
● Adaptive leadership and continued professional development: Your career trajectory shows a willingness to learn, adapt, and grow. From working as a Health Unit Coordinator to becoming an educator and community leader, you’ve continually taken on new challenges and expanded your skill set. You earned a Master’s degree in Educational Leadership and Organizational Development, highlighting your commitment to professional growth—an important trait for effective leadership in local government.

Conclusion:

Tim Riche’ stands out as a highly qualified and committed candidate for Madera City Council due to his extensive experience in education, workforce development, community service, leadership, and organizational management. His long-standing connection to Madera, hands-on involvement in local initiatives, and proven success in engaging with diverse stakeholders all make him an ideal representative for the city. His practical problem-solving skills, ability to communicate effectively, and dedication to serving the community further enhance his qualifications. Tim Riche’ not only has the experience and passion needed for public service, but he also possesses the vision and commitment to make Madera an even better place for future generations.

APPLICATION FOR APPOINTMENT TO THE

DISTRICT RESIDENCY
Please note that candidates must reside in City Council District 1.

GENERAL INFORMATION
Name: Matthew Soto
Home Address:
--=========== =
Phone No.:

Email:

Occupation: Employer: -
Number of years lived in Madera: 5
ATTACHMENTS:

In addition to completing this page, please attach:

1. A resume outlining your educational background and professional experience

January 06, 2025
App/lea's Signature Date
Civic service is a privilege and responsibility of our citizens. The value and importance of the participation of our citizens cannot be measured. Your interest in serving on the City Council of the City of Madera is greatly appreciated.

Matthew Soto
Contact Madera, CA
Professional Summary Dedicated professional with over 14 years in regulatory compliance, stakeholder engagement, and community education. Adept at analyzing complex policies, fostering collaboration, and driving results in both governmental and community settings. Recognized for strong leadership, organizational skills, and a passion for public service. Committed to leveraging experience in quality assurance and community outreach to represent and serve the residents of District 1 effectively.

Professional Experience
2010 - Present Agricultural Commodity Grader, United States Department of Agriculture • Evaluate, grade, and certify poultry and shell egg products according to USDA standards, ensuring quality and regulatory compliance
• Collaborate with stakeholders to address and resolve product and production challenges, fostering transparency and trust
• Educate community members about USDA standards, enhancing consumer awareness and promoting the value of regulated products • Collaborated with cross-functional teams to implement program updates and address regulatory changes
• Trained and mentored new employees, ensuring consistent application of policies and procedures across teams
2009 Student Teacher, Le Grand High School
• Designed and delivered engaging lesson plans in Earth Science, Agricultural Communications, and Agricultural Mechanics
• Managed 25 sine projects for the county fair, demonstrating strong organizational skills and attention to detail
• Coached and mentored students in judging teams, fostering teamwork and competitive spirit
2004 Internship, Gemperle Enterprises
• Oversaw operations for three laying hen facilities, managing the care of over 3 million laying hens
• Developed feed formulations for over 500,000 organic laying hens, optimizing production efficiency
• Supervised equipment maintenance and ensured seamless operations across facilities
Education
June 2009 California Polytechnic State University – San Luis Obispo Single Subject Teaching Credential
June 2007 California Polytechnic State University – San Luis Obispo Bachelors of Science in Agricultural Sciences
Poultry Science Minor
Awards & Recognition • USDA Performance Bonus Awards for outstanding contributions to product evaluation and regulatory implementation
• Spot Awards for exemplary training of new employees and relief grading assistance • Community Outreach Recognition from the Deputy Administrator for promotion USDA standards and community awareness

·
·

APPLICANT QUESTIONNAIRE
Please answer the following questions to the best of your ability. Feel free to attach additional pages if necessary.

1. Please explain why you would like to be appointed to the City Council.

I have a strong desire to serve my community and contribute to its growth and development. As a resident of District 1, I want to ensure that the voices of our district are heard, and I believe my experience in regulatory compliance and community engagement equips me to make a meaningful impact.

2. What qualifies you to serve on the City Council?
My 14 years of experience with the USDA have provided me with the extensive knowledge in regulatory compliance, stakeholder engagement, and community education. These skills are directly transferable to the legislative and policy-making responsibilities to assist the City of Madera address the complex challenges we face.

3. What are the greatest opportunities for the City from your perspective? The greatest opportunities for Madera include expanding economic development initiatives, improving public infrastructure, and fostering partnerships with local organizations to support community programs. Leveraging these opportunities will create a more prosperous and connected city that all people of Madera can be proud in.

4. What other information do you think is relevant to your application? In addition to my professional qualifications, I am deeply committed to fostering a sense of pride and unity within our district. Our district is growing rapidly with new housing, the new school construction, and expanding infrastructure. The growth brings incredible opportunities, but also challenges that require strong leadership and thoughtful planning. My goal is to help guide this development in a way that ensures all residents feel represented and valued, while prioritizing sustainable progress and maintaining the unique character of our community.

COMPENSATION & BENEFITS
Members of the City Council receive a stipend of $500 per month and are eligible for health care benefits.

APPLICATION FOR APPOINTMENT TO THE

DISTRICT RESIDENCY
Please note that candidates must reside in City Council District 1.

GENERAL INFORMATION
Name: Rohi Zacharia
Home Address: Madera, Ca 93637
Phone No.:

Email:

Occupation: ___________ Employer: __________ _
Number of years lived in Madera: 38
ATTACHMENTS:

In addition to completing this page, please attach:

1. A resume outlining your educational background and professional experience

2. Applic_ant questionnaire
i h~rsby certify that all statements made in this application are true and complete. I legally • reside in the City of Madera. I am 18 years of age or older. In compliance with State law, I understand that I will be required to file a statement of Economic Interests upon appointment to office and annually thereafter. I understand that my application and materials will be considered a public record and thus will be available for public inspection and copying. The completed applications may also be published on the City's website.

Applicant's Sig~ Date

CONTACT
PHONE:

WEBSITE:

EMAIL:

ROHi

ZACHARIA

EDUCATION
California State University, Fresno
2000 - 2006
Bachelors in Computer Science
Crisis Prevention Institute
2009
Non-Violent Crisis Intervention Instructor
Fresno Pacific University
2012 - 2014
Designated Subject Education program
Fresno City College
2024
Post Certified Firearms Instructor

PROFESSIONAL EXPERIENCE
Zaks Security One HR Manager
2005-Present
Teacher ROP Computer Networking and Repair
2012- 2014
NRA Firearms Training NRA Certified Law Enforcement Firearms Instructor
2015-Present
City of Madera Planning Commissioner
2021 - Present
Rohi Zacharia
Madera, Ca 93637
Applicant QuesƟonnaire

1. Please explain why you would like to be appointed to the City Council.

The City Council posiƟon has the ability to shape and move our great city forward and also decide into which direcƟon. As an applicant I have dedicated my life to helping improve our city through public outreach as well as my service on the Planning Commission. I firmly believe this opportunity allows me a chance to bring my skillset to help conƟnue the work this council has done collecƟvely. I fully understand that only through a united council can we do the service we need to conƟnue growing our community.

2. What qualifies you to serve on the City Council?
I began my civic duƟes serving for our city on the BeauƟficaƟon CommiƩee, allowing to experience the process of city government and how its laws and governing power work. Later I was appointed to the Planning Commission for which I have been serving for almost 3 years, working with city staff, in a capacity similar to that of the city council. For the last 20 years of my life, I have worked in a professional seƫng as a manager for a mid-sized company employing around 40 people, as well as running my own business which has grown dramaƟcally in the last 12 years of operaƟon. I believe these two addiƟonal assets give me insight into fiscal responsibility, personnel management, and negoƟaƟon maƩers.

3. What are the greatest opportuniƟes for the City from your perspecƟve? I believe our city is prime for a lot great business opportuniƟes as well as residenƟal growth. Madera has many projects, like the new casino, as well as the revamping of the downtown district that will shape how our city will grow. In addiƟon to this, our city is set to expand dramaƟcally with the approval of Village D to the west. I believe it is important during this Ɵme to have a unified council so that these projects, as well as any new projects move forward with consideraƟon for all residents and in a Ɵmely manner.

4. What other informaƟon do you think is relevant to your applicaƟon? Beyond my experience with serving our city, I have been serving this community in any way possible to make this the greatest place to live. From a young age I was taught the importance of civil service and how giving of ourselves is what makes the biggest changes. This appointment is no different, it will require a lot of work and Ɵme for which I am prepared to dedicate myself to. I do this knowing that the results will be lasƟng even if not recognized fully by our community. -
Attachment 3: ƌaĨt Resolutŝon
01425.0002/1043684.3
RESOLUTION NO. 25-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA CALLING A SPECIAL ELECTION FOR NOVEMBER 4, 2025, TO FILL THE DISTRICT 1

VACANCY ON THE CITY COUNCIL
WHEREAS, City Council District 1 Councilmember Cece Gallegos was elected to serve as the City’s Mayor during the November 2024 General Election; and WHEREAS, if a sitting Councilmember is elected to another Council seat, their original seat becomes vacant pursuant to Government Code Section 1099, which states that a public officer shall not simultaneously hold two public offices that are incompatible. Furthermore, when two public offices are incompatible, the public officer is deemed to have forfeited the first office upon entering into the second, resulting in a vacancy in the first seat; and WHEREAS, at a regular meeting of the City Council held on December 4, 2024, upon being sworn in as Mayor, Cece Gallegos vacated her seat as District 1 Councilmember; and WHEREAS, Government Code Section 36512 establishes the means by which a City Council vacancy may be filled; and
WHEREAS, 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 fill the vacancy by appointment or call for a special election; and WHEREAS, at the January 15, 2025, City Council meeting, the City Council determined to call a special election to fill the vacancy.

NOW, THEREFORE, the City Council of the City of Madera hereby resolve as follows:

1. The City Council of the City of Madera hereby calls a special municipal election to be held on November 4, 2025, for the purpose of the election of a council member for District 1 for the term of office in which the vacancy was created by the election of Councilmember Gallegos to the office of Mayor, which Councilmember term ends December of 2026 consistent with State law. In accordance with the provisions of Section 10002 of the Elections Code of the State of California, the Madera County Board of Supervisors is requested to permit the county elections official to render specified election services for the City of Madera for the Special Municipal Election to be held November 4, 2025. If any other jurisdiction holds an election on the same date, and with overlapping boundaries, the City of Madera hereby requests consolidation of the election pursuant to Elections Section 10403.

2. That the ballots to be used at the election shall be in form and content as required by law.
01425.0002/1043684.3 2

3. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

4. The Registrar of Voters of Madera County or appropriate election officials of Madera County (“Registrar of Voters”) is requested to perform services in connection with said election at the request of the City Clerk. These services include all necessary services related to signature checking for nomination petitions and signatures-in-lieu of filing fee, official ballot creation, sample ballot and voter information pamphlet preparation, vote-by-mail, vote centers, drop boxes, vote center workers, voter registration, voting machines, canvass operations, and any and all other services necessary for the conduct of the special election.

5. That the vote center locations and hours of operations, ballot drop box locations and hours of operations, vote-by-mail procedures and timing, the election officers, and all other persons and procedures for the General Municipal Election shall be the same as those utilized by the County of Madera and in compliance with the Elections Code of the State of California. {If consolidated} In addition, the polls/vote centers shall be open at seven o’clock a.m. of the day of the election and shall remain open continuously from that time until __________ o’clock p.m. of the same day when the polls shall be closed, pursuant to Election Code § 10242, except as provided in § 14401 of the Elections Code of the State of California.

6. [That pursuant to Elections Code § 12310, compensation for services for the persons named as precinct board members is fixed at the sum of $__________ for each Inspector and $__________ for each Clerk for the election. [In addition, the sum of $____ will be given to each precinct board member to attend a training class and the sum of $____ to be given to each inspector to pick up the precinct supplies]. The rental for each polling place, where a charge is made, shall be the sum of $__________ for the election. When required, the compensation of the Custodian of a building shall be $__________ ]

7. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

8. That notice of the time and place of holding the election is given and the Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.

9. The City of Madera agrees to reimburse the County of Madera in full for the cost of election services performed.

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: January 15, 2025
________________________________ Agenda Number: ___________ Alicia Gonzales, City Clerk
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
2025 List of Annual Proclamations
RECOMMENDATION:

Provide Direction and Adopt a Minute Order Approving the 2025 List of Annual Proclamations from the Protocols Guidebook section concerning Ceremonial Documents SUMMARY:

At the July 19, 2023 City Council meeting, Council approved a resolution adopting a chapter in the Protocols Guidebook (Guidebook) titled Ceremonial Documents. The policy aims to establish guidelines that will govern the following Ceremonial Documents issued by the City:

1. Proclamation

2. Certificate of Recognition

3. Certificate of Commendation

4. Certificate of Appreciation

5. Congratulatory Certificate

6. Outgoing Mayor and Councilmembers

7. Distinguished Visitors
As identified in the adopted policy and to facilitate scheduling and planning of City Council meeting recognition events, Council will adopt an annual list of known proclamations. Staff has prepared a draft list for Council’s review for the 2025 calendar year. Any modifications to Attachment 1 require a majority vote of the City Council.

Following Council approval of Attachment 1 of the given calendar year, the City Clerk will circulate to member so the Council a list of approved annual Proclamations. Councilmembers may submit

Ͳϭ
a written request to the City Clerk to be omitted from being a signatory to any given Proclamation on the approved list. Notifications to the City Clerk regarding signatory status must be provided at least one (1) month prior to the anticipated issuance.

Tables 1 and 2 provide an overview of the types of ceremonial documents.

Table 1: Ceremonial Documents that require approval by majority vote of the City Council Proclamation Certificate of Recognition
a. Civic celebrations
b. Commemorative events
c. Social awareness
d. Significant community-based events
e. Significant anniversaries of City-based
institutions, corporations, community partners,
and non-profit organizations
f. Retirement of City Employee (15 or more years
of service)
a. Exceptional accomplishments attained by
local groups, businesses, civic
organizations, or individuals
b. Individuals or groups who have made
significant contributions to the community
c. Outstanding achievements or
contributions by non-profit organizations
d. Organizations contributing to the
economic development of the City
Table 2: Ceremonial Documents that do not require approval by a majority vote of the City Council Certificate of Commendation Certificate of Appreciation Congratulatory Certificate
a. Acts of Heroism
b. Academic/Athletic accomplishments
c. Youth Development Organizations
d. Non-profit organizations for a
significant accomplishment or event
e. Outgoing City Commissioners or
Committee Members
For significant:
a. Monetary donations
b. In-kind contributions
c. Cultural contributions
d. Volunteer efforts
a. Milestone Birthdays
b. Groundbreaking
Ceremonies
c. Ribbon
Cutting/Grand
Opening
Ceremonies
FINANCIAL IMPACT:

While difficult to quantify, staff anticipates a nominal cost associated with the preparation of ceremonial documents.

ALTERNATIVES:

This item is intended to provide information and seek Council direction. Councilmembers may provide input at their discretion on the Proclamation list and introduce relevant matters to include in a future or revised Proclamation list.

ATTACHMENTS:

1. Attachment 1: List of Annual Proclamations
Attachment 1: List of Annual Proclamations
Table 1: List of annual Proclamations for calendar year 2025 Month Proclamation Recipient
January -- --
February Black History Month Recipient at the discretion of Council March Red Cross Month Recipient at the discretion of Council Women’s History Month Recipient at the discretion of Council April Sexual Assault Awareness Month Recipient at the discretion of Council May Intl. Firefighters Day 5/04/25 Madera Fire Department Public Service Week 5/04/25 – 5/10/25 Local Government Employees National Police Week 5/11/25 – 5/17/25 Madera Police Department Public Works Week 5/18/25 – 5/24/25 Public Works Department National Foster Care Awareness Month Recipient at the discretion of Council Relay for Life Recipient at the discretion of Council
Letter Carriers’ Stamp Out Hunger Food Drive
Day
Recipient at the discretion of Council
June Pride Month Recipient at the discretion of Council Juneteenth Day Recipient at the discretion of Council
July None at this time. -
August Natl. Senior Citizens Day 8/21/25 City Senior Program September Old Timers Week Recipient at the discretion of Council October Breast Cancer Awareness Month Recipient at the discretion of Council Indigenous Peoples’ Day 10/13/25 Recipient at the discretion of Council Disability Awareness Month City of Madera ADA Council
Domestic Violence Awareness Month Recipient at the discretion of Council November Small Business Saturday 11/29/25 Recipient at the discretion of Council December None at this time. -

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: January 15, 2025
_________________________________ Agenda Number: ___________ Keith Helmuth, P.E., Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Landscape Maintenance District (LMD) Future Assessments and Funding Methodologies.

RECOMMENDATION:

This report is submitted for discussion and direction regarding potential changes in LMD assessments and funding methodologies
SUMMARY:

Government Code Sections §22620-22631, including the Streets and Highway Code (Code), requires the City undertake proceedings for each Fiscal Year (FY) during which an assessment is to be levied and collected within its existing landscape assessment district. Due to developments in law, certain previous methodologies are no longer available. As such, staff is seeking direction from Council on those items affected by these opinions.

DISCUSSION:

To account for anticipated cost increases of maintaining and managing LMD zones, assessments have previously been adjusted in one or more of three ways as part of the LMD annual report:

1. Assessments were increased as necessary so long as the assessment amount did not exceed the base amount outlined in the original covenant for the zone under consideration.

2. Zones where assessments are anticipated to exceed the maximum base covenant amount and have an escalation clause included in the original covenant, were increased annually by the change in the Construction Cost Index (CCI) plus two percent.

3. Where proposed assessments exceeded the threshold in which the previous two options could be utilized, Proposition 218 votes could be implemented though they were not consistently used.

E-2
£.ol,t)u---r
However, developments have resulted in certain methodologies no longer being available. This now includes certain cost-of-living adjustments (COLAs) and negative fund balances. As a result, the following changes were implemented:

1. COLAs would no longer be applied to certain assessments.

2. Negative fund balances older than the current Fiscal Year (FY), at the time the following year’s Engineer’s Report is being prepared, are no longer being carried forward if they cannot be addressed by reserves. The previously used carry forward method allowed for the zone to potentially catch up over time as assessments were increased.

These updates have resulted in an operational loss to the LMD zone and likewise the General Fund. These operational losses leave the City with one of three alternatives each FY:

1. Service levels are reduced to an amount that matches the level of funding for each zone under consideration. Depending on the zone and the amount of its assessment, this could represent a reduction in service that ranges from a slight where changes may not be noticed to larger ones that are readily apparent to residents.

2. The City covers the shortfall via contributions from the General Fund.

3. The City can again pursue the use of the Proposition 218 process – This process utilizes ballots that are mailed out to residents of the affected zone, asking them to agree to an assessment increase.

Of the three alternatives above, each presents a different challenge for the City to consider in how assessments should be considered as part of future annual reports:

1. Reductions in service are obviously not favored by residents. History suggests the City and Council directly will receive complaints regarding the aesthetics of the affected zones.

Reductions in service, if widespread, also have the potential to change perceptions of the City.

2. Over time, a decision to offset the cost of LMDs using the General Fund will represent a growing demand on the General Fund.

3. The Proposition 218 process has had success levels that range from minor to 100 percent failure in the zones subjected to the process. Residents are not often in favor of voluntarily agreeing to increase their tax burden, even if the increase is minimal. Based on the last Proposition 218 process, the cost of the Proposition 218 process itself may outweigh the benefit.

Each of the alternative approaches above has been utilized at one time or another due to various reasons that typically harken back to the inability to secure a successful Proposition 218 process.

The acceptance and use of any one or all the options could be considered each year which can legitimately be interpreted as an unending routine. As such, the ultimate solution may well be a successful attempt to abandon the current City of Madera LMD and form a new single or limited zone LMD that includes provisions for COLAs.

While this represents the ideal long-term solution, successful formation requires majority approval of all returned ballots from current parcels included in the current LMD zones. To be successful in forming a new Citywide LMD with only one zone or limited zones instead of the current eighty, a realistic argument must be presented to the property owners that shows it is of benefit to a majority of property owners. The following may represent reasonable arguments:
 Efficiency - Managing one zone instead of eighty saves staff time. o Field staff adjusting work levels by each of eighty zones. o Management (Engineering, Finance and Legal Departments)  Value of the overall assessment may drop for some parcels. o Combining all zones into a single Citywide zone will simplify some of the administrative processes and represent a reduction in staff time and overhead.

Staff estimates there would be a modest 5 percent reduction in overhead costs.

A 5 percent reduction in overhead costs would represent a savings of approximately $6,500 dollars, which equates to $0.99 cents per parcel. o Because the circumstances when each zone was annexed into the LMD program is unique, not all zones will experience a reduction in their assessment. Based on the current FY Engineer’s Report, of the 6,446 parcels, 1,928 parcels are estimated to save an approximate average of $60.70 per parcel, per year, 4,491 parcels would see an approximate average increase of $49.35 per parcel, per year, 27 parcels would see no change.
 If a property owner sees a reduction in assessment, they may be willing to vote yes.
 If a property owner perceives that the new assessment is close but not an increase, they may be willing to vote yes if a compelling explanation is provided as to why assessment might stay lower over time compared to the current situation.
 If only one zone exists, all future development in the City is added to the existing zone regardless of location. While it means the expense of new landscaping is added along with the new revenue, it also means that new development that does not contribute new landscaping and their associated costs purely brings the revenue. The potential for the cost being spread over a progressively larger number of parcels should result in cost increases being muted over time.

FISCAL IMPACT:

The fiscal impact will vary depending on the course of action favored by Council. Reductions in service levels would represent no increases in cost depending on the Parks Department ability to assign staff to tasks that would be accomplished by staff positions currently vacant.

Contributions via the General Fund represented a cost of $40,831 in FY 2023/24. Staff projects the amount to be $62,642 for FY 2024/25. This amount will increase in future years as:

1. Fund reserves for some zones are depleted, and

2. Cost of labor and materials increase.

Proposition 218 elections might, when unsuccessful, result in some combination of reduced service or General Fund contribution given the limited success of the Proposition 218 process.

Forming a new Citywide LMD would have the least financial impact on the General Fund in the long term if the attempt is successful. Otherwise, the attempt itself would represent a substantial expense.

ALTERNATIVES:

Staff has provided several alternatives; though Council may opt for a different course of actions from the ones listed in this report.

ATTACHMENTS:

1. FY 2023/24 & FY 2024/25 Engineer’s Report & Potential Consolidated Zone Metrics

Attachment 1
FY 2023/24 Engineer’s Report & Potential Consolidated Zone Metrics Table 1: 2023/24 Assessment Metrics
Metric Amount
Total Revenue $460,231
Total Expenses $559,861
Projected Operational Budget Deficit for FY (22/23) ($27,627) Projected Operational Budget Deficit for FY (23/24) 1 ($40,831) Average Assessment per Parcel $70.62
Zones Where Expenses Exceed Revenue3 70
1 This was the projected operational budget deficit for the current FY, this amount will change depending on actual expenses for 23/24 3 Of these zones, 52 currently have a surplus fund balance.

Table 1: 2024/25 Assessment Metrics
Metric Amount
Total Revenue $479,896
Total Expenses $611,622
Projected Operational Budget Deficit for FY (23/24) ($40,831) Projected Operational Budget Deficit for FY (24/25) 1 ($62,643) Average Assessment per Parcel $75.03
Zones Where Expenses Exceed Revenue3 60
1 This was the projected operational budget deficit for the current FY, this amount will change depending on actual expenses for 23/24. 3 Of these zones, 52 currently have a surplus fund balance.

Table 2: Potential Consolidated Zone Metrics
Metric Amount
Total Revenue $559,861.05
Total Expenses $559,861.05
Projected Operational Budget Deficit for FY (23/24) 1 - Average Assessment per Parcel 86.85
Average Assessment Increase for 4,491 Parcels $49.35
Average Assessment Decrease for 1,928 Parcels -$60.70

Madera City CouncilJanuary 15, 2025

Madera City Council
January 15, 2025