Agenda packet — Madera City Council, March 5, 2025

Update 2/27/2025 at 8:00 p.m. Madera City Council Agenda Page 1 of 6 March 5, 2025

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

NOTICE AND AGENDA
Wednesday, March 5, 2025 Council Chambers
6:00 p.m. City Hall
The Madera City Council meetings are open to the public. This meeting will also be available for public viewing and participation through Zoom. Members of the public may also observe the live-streamed meeting on the City’s website at www.madera.gov/live. Members of the public may comment on agenda items at the meeting or remotely through an electronic meeting via phone by dialing (669) 900-6833 enter ID: 880 0420 2973 #. Press *9 to raise your hand to comment and *6 to unmute yourself to speak. Comments will also be accepted via email at [email protected] or by regular mail at 205 W. 4th Street, Madera, CA 93637.
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Update 2/27/2025 at 8:00 p.m. Madera City Council Agenda Page 2 of 6 March 5, 2025
CALL TO ORDER:

ROLL CALL: Mayor Cece Gallegos
Mayor Pro Tem Jose Rodriguez, District 2
Councilmember Rohi Zacharia, District 1
Councilmember Steve Montes, District 3
Councilmember Anita Evans, District 4
Councilmember Elsa Mejia, District 5
Councilmember Artemio Villegas, District 6
INVOCATION: Rev. Joseph Alicea, Awaken Church of God
PLEDGE OF ALLEGIANCE:

APPROVAL OF AGENDA:

PRESENTATIONS:

1. Proclamation Recognizing Red Cross Month

2. Proclamation Recognizing Scout Troop 117 for their 100 Years of Service to the Youth of Madera

3. Proclamation Recognizing Women’s History Month

4. Women of the Year Awards
PUBLIC COMMENT:

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

A. PUBLIC HEARINGS:

A-1 Ordinance Text Amendment (OTA) 2024-03, for the Amendment of Chapter 3 of Title X:

Planning and Zoning of the City Municipal Code
Recommendation: Waive full reading and introduce by title only an Ordinance of the City Council of the City of Madera determining the project is exempt pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines and amending Chapter 3 of Title X: Planning and Zoning of the City Municipal Code (CMC) regarding Lapse of Site Plan Approval (CMC § 10-3.4.0114); Termination of a Use Permit (CMC § 10- 3.1311[A]); and, Termination of a Variance (CMC § 10-3.1411) (Report by Will Tackett) A-2 Military Equipment Use Ordinance and Policy
Recommendation: Review Military Equipment Use Policy, Ordinance, and Annual Report and by Minute Order Affirm the Ordinance and Accept the Annual Military Equipment Use Report (Report by Gino Chiaramonte)
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B. CONSENT CALENDAR:

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

B-1 Minutes – February 19, 2025
Recommendation: Approve the City Council Minutes of February 19, 2025 (Report by Alicia Gonzales)
B-2 Informational Report on Register of Audited Demands Recommendation: Review Register of Audited Demands Report for February 8, 2025 to February 21, 2025 (Report by Michael Lima)
B-3 Madera Evening Lions Club Fee Waiver Request for the Running with Lions Stride for Diabetes 5K Run/Walk Event
Recommendation: Adopt a Resolution Waiving the Rental Fees of the Lions Town & Country Park on April 12, 2025, related to the Running with Lions Stride for Diabetes 5K Run/Walk event hosted by the Madera Evening Lions Club, at an anticipated fee rental of $495 (Report by Joseph Hebert) B-4 Fresno Tzu Chi Mobile Clinic Fee Waiver Request for the “Our Migrant Families Dental Care” Event
Recommendation: Adopt a Resolution Waiving the Rental Fees of the John Wells Youth Center on March 16, 2025, related to the “Our Migrant Families Dental Care” event hosted by the Fresno Tzu Chi Mobile Clinic, at an anticipated fee rental of $500 (Report by Joseph Hebert)
B-5 Consideration of California Conservation Corps (CCC) Sponsor Agreement Recommendation: Adopt a Resolution Approving an Agreement with the California Conservation Corps for the Performance of Fire Crews in the Fresno River for Fuel Reduction, Project Number P-24-2652-14761(Report by Joseph Hebert)
B-6 Approval of Change Orders to Fleet Rollup Door Replacement and Associated Budget Amendment
Recommendation: Adopt a resolution approving change orders under the contract to DL Batty, Inc., for the Removal and Replacement of Fleet Rollup Doors in the amount of $6,069, and authorizing a budget amendment for the same (Report by Michael Lima)
B-7 Purchasing Procedures Ordinance Amendment
Recommendation: Waive the Second Reading and by Title Only Adopt an Ordinance of the City of Madera Repealing and Replacing Chapter 4 of Title II of the Madera Municipal Code Relating to Purchasing Procedures and Including Raising Purchasing Thresholds (Report by Michael Lima)
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B-8 Appointment to the Transit Advisory Board (TAB)
Recommendation: Adopt a Resolution Approving the Appointment of Jack Porter to the TAB (Report by Michael Lima)
B-9 One Easement Deed for Sidewalk Improvements at Various Locations City Project R-94 Bid Package 3 Phase 2 AHSC Agreement No. 19-AHSC-12761
Recommendation: Adopt a Resolution Approving an Agreement for Purchase of an Easement at 348 South B Street, Madera, CA 93638 (APN 007-192-011) (Report by Keith Helmuth)
B-10 Amendment to the Community Development Block Grant (CDBG) 2020-2024 Consolidated Plan
Recommendation: Adopt a Resolution to approve the amendment to the 2020-2024 CDBG Consolidated Plan to include HOME Investment Partnerships Program (HOME) funds in the amount of $372,064.92 and the City’s portion in the amount of $127,935.08 for a total of $500,000 (Report by Michael Lima) B-11 Contract Award for Bike Lane Construction Plan for Various Streets City Project R-94 Bid Package 2 and D Street Pavement Rehabilitation
Recommendation: Adopt a Resolution approving the contract award for Bike Lane Construction Plan for Various Streets City Project R-94 Bid Package 2 and D Street Pavement Rehabilitation in the amount of $450,211.00 to VSS International, Inc. (Report by Keith Helmuth)
B-12 Amend the Notice of Completion for 2023 Water Meter Project, City Project W-31 Recommendation: Adopt a Minute Order to amend the Notice of Completion for 2023 Water Meter Project, City Project W-31 and record with the Madera County Recorder’s Office (Report by Keith Helmuth)
B-13 Child Forensic Interview Team Protocol
Recommendation: Adopt a Resolution approving a multi-agency Memorandum of Understanding establishing the Child Forensic Interview Team of Madera County and authorizing the Chief of Police to execute the agreement (Report by Giachino Chiaramonte)
B-14 Appointment to the Planning Commission
Recommendation: Adopt a Resolution Approving the Appointment of Abel Perez to the Planning Commission (Report by Will Tackett)
C. WORKSHOP: None
D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS:

D-1 Establishing Madera as a Welcoming City
Recommendation: Adopt a Resolution Affirming the City of Madera’s Commitment to Being a Welcoming, Inclusive and Supportive Community for All Residents (Report by Arnoldo Rodriguez)
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D-2 Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan (SETP) Update Recommendation: Adopt a Resolution Approving the ADA SETP Update Prepared by Sally Swanson Architects, Inc. (Report by Wendy Silva)
D-3 Change Order for the Avenue 13 Sewer Interceptor Rehabilitation Project, City Project SS00014 for Excess Cleaning and Debris Removal Recommendation: Adopt a Resolution Authorizing an Increase in Allowable Contingence to Approve a Change Order in an Amount not to exceed $2,500,000 Addressing Excess Cleaning and Debris Removal by SAK Construction, LLC, Related to Emergency Repairs (Report by Keith Helmuth)
E. ADMINISTRATIVE REPORTS:

E-1 Select Recipient for the Proclamations in the Month of April Recommendation: Request for Council’s Selection of a Recipient for the Proclamation Recognizing Sexual Assault Awareness Month and a Proclamation Recognizing National Volunteer Day (Report by Alicia Gonzales) E-2 Informational Report on the Madera Metro Transit System Recommendation: This report is submitted for informational purposes and there is no action requested from the City Council (Council) (Report by Michael Lima) F. COUNCILMEMBER REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS:

This portion of the meeting is reserved for the Mayor and Councilmembers (i) to make brief reports on boards, committees, and other public agencies, and at public events, (ii) to request updates, (iii) to initiate future agenda items, and (iv) to take action on matters initiated under this section of the agenda. Under this section, the Council may take action only on items specifically agendized and which meet other requirements for action.

G. CLOSED SESSION:

G-1 Conference with Labor Negotiators pursuant to Government Code §54957.6 Agency Designated Representatives: Arnoldo Rodriguez, Wendy Silva and Che Johnson Employee Organizations: Madera Affiliated City Employees’ Association, Madera Police Officers’ Association, Mid Management
Employee Group, and Law Enforcement Mid
Management Employee Group
G-2 Conference with Labor Negotiators pursuant to Government Code §54957.6 Agency Designated Representative: Arnoldo Rodriguez and Che Johnson Unrepresented Positions: Police Chief, Director of Parks & Community Services, City Engineer, Director of Human Resources, Director
of Information Technology, Chief Building Official,
Planning Manager, Director of Financial Services,
Public Works Operations Director, and Director of
Community Development
Update 2/27/2025 at 8:00 p.m. Madera City Council Agenda Page 6 of 6 March 5, 2025
UPCOMING MEETING DATES:
 Wednesday, March 19, 2025
 Wednesday, April 2, 2025
ADJOURNMENT:

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

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

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

I, Alicia Gonzales, City Clerk for the City of Madera, declare under penalty of perjury that I posted the above agenda for the Regular Meeting of the Madera City Council for March 5, 2025, near the front entrances of City Hall and on the City’s website www.madera.gov at 8:00 p.m. on February 27, 2025. _______________________
Alicia Gonzales, City Clerk
01425.0005/1056302.1

REPORT TO THE CITY COUNCIL
Approved by: Council Meeting of: March 5, 2025
_________________________________ Agenda Number:

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

SUBJECT
Ordinance Text Amendment (OTA) 2024-03, for the amendment of Chapter 3 of Title X: Planning and Zoning of the City Municipal Code.

RECOMMENDATION
The Planning Commission and staff recommend the City Council conduct a public hearing and take action as follows:

1. Waive full reading and introduce by title only an Ordinance of the City Council of the City of Madera determining the project is exempt pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines and amending Chapter 3 of Title X: Planning and Zoning of the City Municipal Code (CMC) regarding Lapse of Site Plan Approval (CMC § 10-3.4.0114); Termination of a Use Permit (CMC § 10- 3.1311[A]); and, Termination of a Variance (CMC § 10-3.1411).

SUMMARY:

The Zoning Regulations of the City Municipal Code (CMC) specify periods of time in which an applicant must exercise rights associated with approval of an entitlement before the entitlement expires (i.e., the approval lapses or terminates) unless a request for a discretionary extension is requested prior to the expiration of entitlement approval.

Due to the relatively short periods of time (6-12 months) afforded to exercise rights associated with entitlement approvals, the City of Madera Planning Department receives regular requests for extensions of entitlement approvals. Given the frequency and repetitiveness of customer applications for extensions, at the regularly scheduled meeting of the Planning Commission (Commission) held on November 12, 2024, the Commission adopted Resolution No. 2008 initiating the procedure to amend the provisions of the Zoning Regulations, contained in Title X, Chapter 3 of the City Municipal Code (CMC) relating to the lapse and termination of entitlements.

A-1
01425.0005/1056302.1
CMC Section 10-3.1500 et seq. provides that a public hearing shall be held before the Commission for proposed amendments to Zoning Regulations of the CMC (Title X, Chapter 3); and, after the conclusion of the public hearing, the Commission shall render a recommendation to the Council.

Accordingly, the Commission held a public hearing on February 11, 2025, and adopted Resolution No. 2023 (Attachment 1) recommending the City Council adopt an ordinance approving the proposed amendments to Chapter 3 of Title X of the Madera Municipal Code regarding Lapse of Site Plan Review (CMC § 10-3.4.0114); Termination of a Use Permit (CMC § 10- 3.1311[A]); and, Termination of a Variance (CMC § 10-3.1411).

In accordance with the provisions of CMC Section 10-3.1509, following receipt of the recommendation made by the Commission, 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.

ANALYSIS:

OTA 2024-03 would amend existing text of the CMC to lengthen the period of time provided to an applicant to exercise rights associated with approval of an entitlement before the entitlement expires (i.e., approval lapses or terminates) and/or a request for a discretionary extension is required. The following sections and provisions of the CMC pertaining to expiration of Planning entitlements are proposed to be amended by strikethroughs and underlined additions:
• § 10-3.4.0114 LAPSE OF SITE PLAN APPROVAL.

A site plan approval shall be void one year 24 months following the date on which approval by the Community Development Director, Planning Commission, or City Council became effective unless, prior to the expiration of one year 24 months, a building permit is issued by the Building Official and construction is commenced and diligently pursued toward completion of the site or structures which were the subject of the site plan. Approval may be extended for one year periods of time, upon written application to the Director before expiration of the approval.
• § 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 24 months after the effective date thereof. Failure to utilize such permit within such 12 24-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. • § 10-3.1411 TERMINATION.

If the use authorized by any variance is or has been unused, abandoned, or discontinued for a period of six 24 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 01425.0005/1056302.1
actually commenced within the aforesaid 6 24-month period and shall be diligently prosecuted to completion; otherwise the variance shall be automatically null and void and of no effect.

These amended provisions of the CMC require that the rights or privileges authorized through approval of Site Plan Reviews; Use Permits; and Variances be exercised within 24 months, or the respective approvals expire. Rights are exercised through either obtaining a building permit for development (Site Plan Review) and/or through use/utilization of the privileges (e.g., commencement of operations) or rights granted (CUP & Variance).

The extended lengths of time afforded by the amendments shall relieve unnecessary burden on applicants and developers. While it is acknowledged the CMC does permit discretionary extensions, the longer timeframe to exercise rights will reduce the current need for applicants/customers to file additional applications (including the payment of additional processing fees) and will reduce relative demands for staff resources and the need and associated costs for additional public hearings. Based upon research conducted by staff, the proposed amendments will also bring the City of Madera’s regulations into closer alignment with other local municipalities.

ENVIRONMENTAL REVIEW:

The California Environmental Quality Act (CEQA) Guidelines (California Code of Regulations, Title 14, Chapter 3, Section 15000, et seq.)specify that a “project” consists of the whole of an action (i.e., not the individual pieces or components) that may have a direct or reasonably foreseeable indirect effect on the environment. This proposal qualifies as a project under CEQA because it involves an amendment to the zoning ordinance as described in CEQA Guidelines Section 15378(a)(1) but has no direct or reasonably foreseeable indirect effect on the environment.

OTA 2024-03 does not authorize any particular activity beyond what will already been evaluated for purposes of CEQA and is primarily being implemented to address inefficiencies and add refinements to local policies. Section 15162 of the CEQA Guidelines provides circumstances and reference to findings required to be made respectively to consideration of whether subsequent environmental review is required. Circumstances relating to a specific project and findings required by CEQA will be required to be evaluated at the time any discretionary extension requests may be received and would otherwise be considered speculative at this time. Therefore, staff supports a finding consistent with CEQA Guidelines Section 15061(b)(3). Under this “common sense” rule, it can be shown with certainty that the project does not have the potential to have a significant effect on the environment, and therefore it is not subject to further environmental review.

COUNCIL ACTION:

The Council will be acting on OTA 2024-02. Staff and the Planning Commission recommend that the Council:

1. Waive full reading and introduce by title only an Ordinance of the City Council of the City of Madera determining the project is exempt pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines and amending Chapter 3 of Title X: Planning and Zoning of the City Municipal Code regarding Lapse of Site Plan Approval (CMC § 10- 01425.0005/1056302.1

3.4.0114); Termination of a Use Permit (CMC § 10-3.1311[A]); and, Termination of a Variance (CMC § 10-3.1411).

ALTERNATIVES:

As an alternative, the Council may elect to:

1. Move to refer the item back to staff and/or continue the public hearing to a future City Council meeting at a date and time certain with direction to staff to return with an updated staff report and/or Ordinance (Council to specify and articulate reasons for referral/continuance).

2. Do not introduce the ordinance.

3. Provide staff with other alternative directives.

ATTACHMENTS:

1. Planning Commission Resolution (Recommendation)

2. City Council Ordinance
ATTACHMENT 1
Planning Commission Resolution 2023

ATTACHMENT 2
City Council Ordinance
01425.0005/1056301.1
ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA
DETERMINING THE PROJECT IS EXEMPT PURSUANT TO SECTION 15061(b)(3)

OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES AND AMENDING CHAPTER 3 OF TITLE X: PLANNING AND ZONING OF THE CITY MUNICIPAL CODE (CMC) REGARDING LAPSE OF SITE PLAN APPROVAL (CMC § 10-3.4.0114); TERMINATION OF A USE PERMIT (CMC § 10- 3.1311[A]); AND TERMINATION OF A VARIANCE (CMC § 10-3.1411).

WHEREAS, pursuant to the authority granted to the City of Madera (“City”) by Article XI, Section 7 of the California Constitution, the City has the police power to adopt regulations designed to promote public health, public morals, or public safety; and
WHEREAS, comprehensive zoning regulations and regulations upon the use of land and property within the City lie within the City’s police power; and WHEREAS, Sections 10-3,4.0114, 10-3.1311(A) and 10-3.1411 of the City Municipal Code (CMC) contain provisions relating to the lapse and termination of Site Plan Reviews, Use Permits and Variances; and
WHEREAS, pursuant to the provisions of Section 10-3.1502 of the CMC an amendment to the Zoning Regulations contained in Title X, Chapter 3 of the CMC may be initiated by the Planning Commission (Commission) whenever the public necessity, convenience, general welfare, or good zoning practices require; and
WHEREAS, at the regularly scheduled meeting of the Commission held on November 12, 2024, the Commission adopted Resolution No. 2008 initiating the procedure for Ordinance Text Amendment (OTA) 2024-03 to amend the provisions of the Zoning Regulations, contained in Title X, Chapter 3 of the City Municipal Code (CMC) relating to the lapse and termination of entitlements; and WHEREAS, pursuant to the provisions of Section 10-3.1500 et seq. of the CMC, the Commission held a duly noticed public hearing for OTA 2024-03 on February 11, 2025, conducted a public hearing and after due consideration of all the items before it, adopted Resolution No. 2023 recommending that the Council adopt an ordinance approving OTA 2024-03; and WHEREAS, in accordance with the provisions of CMC Section 10-3.1509, following receipt of the recommendation made by the Commission, the Council shall set the matter for public hearing may adopt the amendment, or any part thereof, set forth in the petition in such form as the Council may deem to be advisable; and
WHEREAS, the City provided notice of the Council hearing on March 5, 2025, as required by law; and.

WHEREAS, the Council received and independently reviewed OTA 2024-03 at the regularly scheduled meeting of the Council held on March 5 2025; and 01425.0005/1056301.1
WHEREAS, at the March 5, 2025 Council meeting, a public hearing was held, the public was provided the opportunity to comment, and evidence, both written and oral, was considered by the Council; and.

WHEREAS, after due consideration of the items before it, the Council now desires to adopt OTA 2024-03.

NOW, THEREFORE, the City Council of the City of Madera ordains as follows:

1. Recitals: The City Council hereby finds that all of the facts set forth in the recitals are true and correct and are incorporated herein.

2. CEQA: A preliminary environmental assessment was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA). The City Council has determined the project is exempt pursuant to Section 15061(b)(3) of the CEQA Guidelines. The activity is covered by the “Common Sense” exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Here, OTA 2024-03 does not authorize any particular activity beyond what will already been evaluated for purposes of CEQA and proposes amendments to local ordinance only for the purpose of implementing local policy. Any proposed future development or requests for discretionary extensions would be subject to CEQA analysis as mandated for project discretionary approvals. No further environmental analysis is required.

3. Approval of OTA 2024-03: The Council hereby approves OTA 2024-03, amending the sections of Title X of Chapter 3 of the CMC as set forth herein.

4. Section 10-3.4.0114 (Lapse of Site Plan Approval) of Chapter 3 of Title 10 is amended in its entirety to read as follows (deletions shown in strikethrough and additions shown in underline):
§ 10-3.4.0114 LAPSE OF SITE PLAN APPROVAL.

5. Section 10-3.1311(A) (Termination and Revocation) of Chapter 3 of Title 10 is amended in its entirety to read as follows (deletions shown in strikethrough and additions shown in underline):
§ 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 24 months after the effective date thereof.

Failure to utilize such permit within such 12 24-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 01425.0005/1056301.1
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.

6. Section 10-3.1411 (Termination) of Chapter 3 of Title 10 is amended in its entirety to read as follows (deletions shown in strikethrough and additions shown in underline):
§ 10-3.1411 TERMINATION.

If the use authorized by any variance is or has been unused, abandoned, or discontinued for a period of six 24 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 6 24-month period and shall be diligently prosecuted to completion; otherwise the variance shall be automatically null and void and of no effect.

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

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

9. Effective Date Of Ordinance: This Ordinance shall be effective and of full force and effect at 12.01 a.m. on the thirty-first day after its passage. * * * * *

REPORT TO CITY COUNCIL
Approved by:

Council Meeting of: March 5, 2025
_________________________________ Agenda Number: ___________ Giachino Chiaramonte, Chief of Police
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Military Equipment Use Ordinance and Policy
RECOMMENDATION:

Review Military Equipment Use Policy, Ordinance, and Annual Report and by minute order affirm the Ordinance and accept the Annual Military Equipment Use Report SUMMARY:

On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill (AB) 481, relating to law enforcement agencies' use of military equipment. AB 481 established California Government Code Sections 7070 through 7075 (Government Code). Pursuant to the Government Code, law enforcement agencies are required to obtain approval from their respective governing bodies prior to taking actions related to the funding, acquisition, or use of military equipment.

The bill required law enforcement agencies to draft a military equipment use policy and obtain approval from its governing body via an ordinance.

On an annual basis thereafter, an agency is required to publish a military equipment report that includes a summary of each type of military equipment, its intended purpose, how each type of equipment was used by the agency during the preceding year, a summary of any complaints received concerning the equipment, the results of any internal audits pertaining to violations of the military equipment use policy, the total cost for each type of equipment, and quantity possessed. Furthermore, the Government Code requires the governing body, at least annually, to review any ordinance adopted, approving the funding, acquisition, or use of military equipment and voting on whether to renew the ordinance.

A-2

VALLEY CENTRAL
DISCUSSION:

AB 481 was introduced to increase transparency and accountability for the funding, acquisition, and use of military equipment by state and local law enforcement agencies. The legislation includes a broad definition of what constitutes military equipment, including items such as unmanned aircraft systems (UAS, commonly referred to as drones) that are regularly used in everyday society by members of the public and have been effectively developed for many years by law enforcement agencies to respond to emerging threats, civil unrest, and mass casualty events. Furthermore, several items the bill defines as military equipment are not necessarily used by the military but are less-lethal, standard issue equipment for peace officers. While possession of such equipment does not warrant its use in ordinary circumstances, this essential equipment is deployed based on situational necessity to effectively de-escalate intense situations or bring volatile conditions and critical incidents to a safe resolution.

In compliance with the Government Code, the Police Department (Department) drafted a military equipment policy and accompanying military equipment report in 2022. The policy and report were posted for public viewing on the City’s website and approved by Council at the June 15, 2022, meeting through the adoption of Ordinance number 994.

In accordance with the annual requirements outlined in the Government Code, the Department completed the 2024 Military Equipment Annual Report. The Department currently possesses seven types of items that fall under the military equipment classifications delineated in the Government Code. The availability of this equipment enables the Department to minimize risk to members of the community and officers during dynamic and unfolding high-risk incidents, maintain a state of readiness through continuous training and familiarity with such equipment, and strategically fulfill its mission to protect life and property. The report includes an inventory detailing each type of military equipment possessed by the Department and its quantity, authorized use, fiscal impact, and training requirements. The report also summarizes the usage of each type of equipment and complaints received regarding the equipment during calendar year 2024. It is worth noting that the Department did not receive any complaints regarding the usage of its military equipment.

Additionally, the report outlines anticipated purchases for the upcoming fiscal year. These projections serve as a preliminary "wish list" rather than a confirmation of actual budgeted expenditures. While these items reflect the department’s anticipated needs, formal approval for procurement will be sought during the budget planning process. During this process, requests will be reviewed, prioritized, and incorporated into the proposed budget as appropriate.

The Department’s 2024 Military Equipment Annual Report was made available for public review on the City’s website on February 20, 2025. The Government Code requires the Department to hold at least one well-publicized and conveniently located community engagement meeting.

Upon presenting the annual report at the March 5, 2025, Council meeting, the public is invited to comment on, discuss, and ask questions regarding the annual report.

FINANCIAL IMPACT:

There is no fiscal impact associated with the Military Equipment Annual Report, sans the preparation of the report.

ALTERNATIVES:

Council may renew or not renew the authorizing ordinance, disapprove authorization for equipment where standards have not been met, or require modifications to the military equipment use policy based on whether the equipment detailed within the annual report complies with policy and meets specified standard as set forth in California Government Code Section 7071, subdivision (d). If the Council decides not to renew the authorizing ordinance, the Military Equipment Annual Report will be considered invalid and not accepted.

ATTACHMENTS:

1. 2024 Military Equipment Annual Report

2. Ordinance 994 C.S.

3. Madera Police Department Policy 709

MADERA POLICE

DEPARTMENT

ANNUAL MILITARY EQUIPMENT USE REPORT
January 1, 2024 –
December 31, 2024
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330 South “C” Street, Madera, California 93638
(559) 675-4200 FAX (559) 675-6654
Annual Military Equipment Use Report
On September 30, 2021, California Governor Gavin Newsom approved Assembly Bill 481, requiring law enforcement agencies to obtain approval from the applicable governing body, by adoption of a military equipment use policy. On June 15, 2022, the City Council adopted Ordinance No. 994 C.S., regarding the City’s Equipment Use Policy. Per AB 481, the Madera Police Department is required to submit to the City Council and Annual Military Equipment Use Report and to seek approval of their military equipment use policy at a regular open meeting prior to taking certain actions relating to the funding, acquisition, and use of military equipment.

Assembly Bill 481 allows the governing body to approve the funding, acquisition, and use of military equipment within its jurisdiction, only if it determines that the military equipment meets specified standards. The military equipment use policy is subject to the City Council review to determine whether the standards set forth in Assembly Bill 481 have been met, based upon annual military equipment use report.

Finally, Assembly Bill 481 requires publication of military equipment use policy and the annual military equipment use report on the department’s website.

Assembly Bill 481
California Government Code section 7072 states the following:
(a) A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment.
(3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.

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330 South “C” Street, Madera, California 93638
(559) 675-4200 FAX (559) 675-6654
(5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. (b) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well publicized and conveniently located community engagement meeting, at which the public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment.

In addition to maintaining the highest levels of public safety, the Madera Police Department is committed to transparency, public trust, community partnerships, and compliance with the law. As such, the Department has authored the following Annual Military Equipment Use Report in accordance with annual reporting requirements set forth in California Government Code section 7072.

This Report outlines the military equipment usage from January 1 to December 31, 2024.

Certain items of military equipment, particularly consumables (ammunition, diversionary devices, pepper balls, chemical agents, etc.) are used throughout the year on a regular basis for training to maintain proficiency. Training usage is not captured in this section.

This section only provides data for the operational use of military equipment listed within this Annual Military Equipment Use Report.

Outreach and Community Engagement
The Madera Police Department is committed to improving the trust and confidence between the Police and the community it serves. The Madera Police Department utilizes select military equipment, including UAS, the Mobile Command Vehicle, during outreach and community events, as a means of public awareness, transparency, and education.

Military equipment may also be displayed during community events as a means of providing a safe environment for the public to enjoy.

This Annual Military Equipment Use Report outlines a summary of military equipment usage guidelines, inventory, fiscal impact, complaints, and reported concerns from January 1, 2024, through December 31, 2024.

The following is the data for Military Equipment Use by category:

Unmanned Aircraft System (UAS)
Unmanned Aircraft Systems were utilized a total of forty-three (43) times from January 1, 2024, through December 31, 2024.

Authorized usages:

To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:

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330 South “C” Street, Madera, California 93638
(559) 675-4200 FAX (559) 675-6654
• search for missing persons.
• natural disaster management.
• Crime/Accident scene photography.
• SWAT, tactical or other public safety and life preservation missions. • In response to specific requests from local, state, or federal fire authorities for fire response and/or prevention.

Unauthorized usages:
• There have been zero (0) reported violations of the military equipment use policy from January 1, 2024, through December 31, 2024.

Robots
Robots were utilized zero (0) times from January 1, 2024, through December 31, 2024.

Authorized usages:
• To be used to remotely gain visual/audio data
• Delivery of items (i.e., CNT phone) during critical incidents to engage in de-escalation and/or crisis intervention techniques in an attempt to resolve incidents peacefully • To visually clear buildings
Unauthorized usages:
• There have been zero (0) reported violations of the military equipment use policy from January 1, 2024, through December 31, 2024.

Mobile Incident Command Vehicle
The Mobile Command Vehicle was utilized a total of fifteen (15) times from January 1, 2024, through December 31, 2024.

Authorized usages:
• To be used based on the specific circumstances of a given critical incident, large event, natural disaster, or community event that is taking place.

Unauthorized usages:
• There have been zero (0) reported violations of the military equipment use policy from January 1, 2024, through December 31, 2024.

Breaching Equipment
The breaching equipment was utilized one (1) time between January 1, 2024, through December 31, 2024.

Authorized usages:
• To safely and quickly gain entry into a structure.

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330 South “C” Street, Madera, California 93638
(559) 675-4200 FAX (559) 675-6654
Unauthorized usages:
• There have been zero (0) reported violations of the military equipment use policy from January 1, 2024, through December 31, 2024.

Chemical Agent and Smoke Canisters
Chemical Agents and Smoke Canisters were utilized zero (0) times between January 1, 2024, through December 31, 2024.

Authorized usages:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the chemical agent systems may include, but are not limited to:
• Self-destructive, dangerous and/or combative individuals. • Riot/crowd control and civil unrest incidents.
• Circumstances where a tactical advantage can be obtained. • Potentially vicious animals.
• Training exercises or approved demonstrations.

Unauthorized usages:
• There have been zero (0) reported violations of the military equipment use policy from January 1, 2024, through December 31, 2024.

40MM Launcher and Rounds
The 40MM was used zero (0) times between January 1, 2024, through December 31, 2024.

Authorized usages:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to:
• Self-destructive, dangerous, and/or combative individuals. • Riot/crowd control and civil unrest incidents.
• Circumstances where a tactical advantage can be obtained. • Potentially vicious animals.
• Training exercises or approved demonstrations.

Unauthorized usages:
• There have been zero (0) reported violations of the military equipment use policy from January 1, 2024, through December 31, 2024.

Less Lethal Launcher
Less Lethal launcher was utilized during one (1) call for service between January 1, 2024, through December 31, 2024.

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330 South “C” Street, Madera, California 93638
(559) 675-4200 FAX (559) 675-6654
Authorized usages:
• To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
• Self-destructive, dangerous and/or combative individuals. • Riot/crowd control and civil unrest incidents.
• Circumstances where a tactical advantage can be obtained. • Potentially vicious animals.
• Training exercises or approved demonstrations.

Unauthorized usages:
• There have been zero (0) reported violations of the military equipment use policy from January 1, 2024, through December 31, 2024.

Inventory by Equipment Type
January 1, 2024, through December 31, 2024
Note: The inventory of certain items of consumable military equipment (i.e. ammunition, diversionary devices, chemical agents, etc.) frequently fluctuates throughout the year due to operational usage, training usage, operational wear, and/or manufacturer recommended replacement guidelines. While the Madera Police Department strives to provide accuracy in its inventory reporting, this report reflects approximations of certain consumable items of military equipment during the time period listed above.

Unmanned Aircraft System (UAS)
Equipment Name and Model/Manufacturer Quantity
DJI Air S2 4
DJI Mavic 3 2
DJI Avata 2 1
Robots
Equipment Name and Model/Manufacturer Quantity
Avatar III 1

Mobile Incident Command Vehicles
Equipment Name and Model/Manufacturer Quantity
28-foot-long, two-axle, bumper pulled Mobile Command Trailer 1

Breaching Equipment
Equipment Name and Model/Manufacturer Quantity
Remington 870 breaching shotgun 2
I
I
I
I
I
I
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330 South “C” Street, Madera, California 93638
(559) 675-4200 FAX (559) 675-6654
CTS 12 gauge breaching munition 7
Royal Arms 12-gauge Flash Bang Cartridge 65
Chemical Agent and Smoke Canisters
Equipment Name and Model/Manufacturer Quantity
Defense Technology Triple Chaser Smoke Grenade 3 canisters Defense Technology 518 Riot Continuous CS Grenade 6 canisters Defense Technology Riot Control CS Grenade 6 canisters
Defense Technology Triple Chaser CS Grenade 3 canisters Defense Technology Instantaneous Blast OC 2 canisters

40MM Launcher and Rounds
Equipment Name and Model/Manufacturer Quantity
Defense Technology 40MM multi-launcher 2
Defense Technology 40MM Spede-Heat Long Range CS 3 rounds Defense Technology 40MM Spede-Heat smoke 6 rounds
Defense Technology 40MM Stinger Ball / Foam Baton 20 rounds Less Lethal Shotgun
Equipment Name and Model/Manufacturer Quantity
Remington 870 Less-Lethal shotgun 20
Safariland 12-gauge Super-Sock 127 rounds
Fiscal Impact
Calendar Year 2024

Unmanned Aircraft System (UAS)- Combined purchase of 3 drones with extra batteries and accessories: $15,165.63 (General Fund: $2,488.36, Federal Asset Forfeiture:
$5,285.00, Measure K; Investigations account: $7,392.27) Robot- No maintenance in 2024.

Mobile Incident Command Vehicles- Combined annual maintenance of approximately $89.80.

Breaching Equipment- No maintenance in 2024.

Chemical Agent and Smoke Canisters- No annual maintenance. 40MM Launcher and Rounds- No maintenance in 2024.

Less Lethal Shotgun- No maintenance in 2024.

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330 South “C” Street, Madera, California 93638
(559) 675-4200 FAX (559) 675-6654

Training Costs
Calendar Year 2024 – Military Equipment Use Training Costs

The use of certain items of military equipment and related special tactics are perishable skills that require ongoing training to maintain proficiency. The courses attended by officers can vary year to year depending on operational need. Funding sources for training are from the existing budget.

The following are training classes attended by officers in 2024 and associated costs related to military equipment covered in the annual equipment report:

UAS Drone Certification
Test Company: PSI True Talent
Details: FAA testing and certification
Cost: $175/per person (1 officer-Training budget)
Chemical Agent Operator Certification
Company: Advanced Combat Evolutions
Details: Chemical agent training and certification
Cost: $349.00 (1 Officer – Training Budget)
Maintenance Costs
Maintenance of Military Equipment Supply Levels
The Department may order up to 25% of the existing inventory of consumable items on this list in a calendar year, without Board approval, in order to maintain a stock available for Department needs. Consumable items include:
a. Breaching rounds
b. Chemical agents and smoke canisters
c. 40MM munitions
d. Less-lethal 12-gauge rounds
Summary of Complaints or Concerns:

None.

Violations of Equipment Use Policy:

None.

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330 South “C” Street, Madera, California 93638
(559) 675-4200 FAX (559) 675-6654
Anticipated Purchases
Calendar Year 2025

UAS Drone Certification
Test Company: PSI True Talent
Details: FAA testing and certification
Cost: $175/per person (3 officer – General Fund-Training Budget) Breaching equipment
Company: AARDVARK Tactical
Details: Kinetic Breaching Tool and Chop Attachment
Cost: $18,116.25 (General Fund)
Unmanned Aircraft System (UAS)- Combined purchase of (3) drones with extra batteries and accessories.

Estimated combined cost: $15,163.63. (General Fund)
Mobile Command Post
Company: Braun NW Inc.

Details: Mobile Command Vehicle
Cost: $580,595.84 (State Funding / General Fund)
Diversionary Device and Less Lethal Instructor Course
Company: Sacramento County Sheriff’s Department
Details: Instructor certifications for Less Lethal and Diversionary Devices.

Cost: $664/per person (2 Officers- General Fund-Training Budget) Flashbang/Diversionary Devices
Company: LC Action
Details: CTS 7290M- Mini Bang
Cost: Approximately $2500.00 (Asset Forfeiture)
ORDINANCE NO. 994 C.S.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MADERA ADDING CHAPTER 16 TO TITLE III OF THE MADERA

CITY CODE RELATING TO ADOPTION OF A MILITARY

EQUIPMENT USE POLICY
THE CITY COUNCIL OF THE CITY OF MADERA DOES ORDAIN AS FOLLOWS:

SECTION 1. CHAPTER 16 is added to Title III of the Madera Municipal Code to read as follows:

Section 3.16.01
CHAPTER16
Military Equipment Use Policy
3-16.01
3-16.02
3-16.03
Title of Ordinance.

Findings.

Determinations.

Title of Ordinance
This chapter shall be titled "Military Equipment Use Policy." Section 3.16.02 Findings.

A. On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 , relating to the use of military equipment by law enforcement agencies.

B. Assembly Bill 481, codified at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a "military equipment" use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. The term "military equipment" is defined in California Government Code section 7070.

C. Assembly Bill 481 allows the governing body of a city to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations.

D. The proposed Military Equipment Use Policy is found within Madera Police Department Policy Section 709.

E. The Military Equipment Use Policy as set forth in Madera Police Department Manual Section 709 was published on the Madera Police Department's internet website on April 21, 2022. The Madera Police Department Policy Section 709 was presented to City Council on April 21, 2022.

Page I of 3
F. The Military Equipment Use Policy as set forth in Department Policy Section 709 meets the requirements of California Government Code section 7070, subdivision (d).

Section 3-16.03. Determinations.

Based on the findings above, in addition to information provided to the City Council at the public hearing, the City Council determines as follows:

A. The military equipment identified in Madera Police Policy 709 is necessary, because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety.

B. The Military Equipment Use Policy as set forth in Madera Police Manual 709 will safeguard the public's welfare, safety, civil rights, and civil liberties.

C. The military equipment identified as Madera Police Manual 709 is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

D. The Military Equipment Use Policy as set forth in Madera Police Manual 709 is approved and adopted.

E. A copy of the Madera Police Manual 709 may be obtained from the Madera Police Department or the City Clerk.

SECTION 2. CEQA. The City Council finds and determines that this ordinance is not a "project" for the purposes of the California Environmental Quality Act (CEQA), as the ordinance does not have the potential for resulting in either a direct physical change in the environment, or a reasonably indirect physical change in the environment. Instead, the ordinance merely provides a procedural mechanism for enforcing the City's Municipal Code and abating nuisances so as to promote public health, safety, and welfare. As such, the adoption of this ordinance is not subject to CEQA.

SECTION 3. Effective Date. This ordinance shall become effective thirty days after its adoption.

SECTION 4. Publication. The City Clerk is authorized to cause this ordinance or a summary of this ordinance to be published in a newspaper of general circulation in the City of Madera, within .fifteen days after its adoption. If a summary of the ordinance is published, the City Clerk shall cause a certified copy of the full text of the proposed ordinance to be posted at City Hall at least five days prior to the meeting at which the ordinance is adopted and again after the meeting at which it is adopted. The ordinance shall become effective thirty days after its adoption. (Certification on next page)
The foregoing Ordinance No. 994 C.S. was introduced and given its first reading at a regular meeting of the City Council of the City of Madera held on the pt day of June 2022 and adopted after a second reading at a regular meeting of the City Council held on 15th day of June 2022 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

ATTEST:

AU
Mayor Garcia, Councilmembers Gallegos, Rodriguez, Montes, Evans, Mejia and Villegas.

None.

APPROVED:

SANTOS GAR
Copyright Lexipol, LLC 2022/03/24, All Rights Reserved.

Published with permission by Madera Police Department ***DRAFT*** Military Equipment - 1 Madera Police Department
Madera PD Policy Manual
Military Equipment
709.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
709.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Madera Police Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

Policy
709
Madera Police Department
Madera PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/03/24, All Rights Reserved.

Published with permission by Madera Police Department ***DRAFT*** Military Equipment - 2 709.2 POLICY
It is the policy of the Madera Police Department (MPD) that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 709.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Madera Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
709.4 MILITARY EQUIPMENT INVENTORY
The list set forth in Attachment A is the list of qualifying equipment for the Department:
709.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):

Madera Police Department
Madera PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/03/24, All Rights Reserved.

Published with permission by Madera Police Department ***DRAFT*** Military Equipment - 3 (a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 709.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this department shall be approved for use and in accordance with this department policy. Military equipment used by other jurisdictions that are providing mutual aid to this department, or operating in conjunction with this department, shall comply with their respective military equipment use policies in rendering mutual aid. 709.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 709.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

Madera Police Department
Madera PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/03/24, All Rights Reserved.

Published with permission by Madera Police Department ***DRAFT*** Military Equipment - 4 709.9 MAINTENANCE OF MILITARY EQUIPMENT SUPPLY LEVELS
The Department may order up to 25% of the existing inventory of consumable items in this list in a calendar year, without city council approval, to maintain a stock available for Department needs.

MPD is authorized to acquire additional stock of items listed here from other law enforcement agencies of CalOES in the event of an emergency when approved by the Chief of Police or designee. Consumable items include:
a. Breaching rounds
b. Distraction devices
c. Chemical agents and smoke canisters
d. 40MM munitions
e. Less-lethal 12-gauge rounds
1 | Page
ATTACHMENT A TO POLICY 709 MILITARY EQUIPMENT
SECTION 709.4
SECTION ONE: Qualifying Equipment Owned/Utilized by the Madera Police Department.

1. Unmanned Aircraft System (UAS): An unmanned aircraft along with the associated equipment necessary to control it remotely.
a. Description, quantity, capabilities, and purchase cost of current UAS:
i. DJI Air S2, cost $1,500 each, quantity 3. Miniature UAS that weighs approximately 595 grams and can record video and obtain digital images with approximately 31 minutes of flight time.
b. Purpose
To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:
i. Search for missing persons.
ii. Natural disaster management.
iii. Crime/Accident scene photography.
iv. SWAT, tactical or other public safety and life preservation missions. v. In response to specific requests from local, state, or federal fire authorities for fire response and/or prevention.
c. Authorized Use
Only assigned operators who have completed the required training shall be permitted to operate UASs during approved missions.
d. Expected Life Span
All UAS equipment, 3-5 years.
e. Fiscal Impact
Combined annual maintenance and battery replacement cost for all UASs is approximately $1,000.
f. Training
All Department UAS operators are licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must attend quarterly department training. g. Legal and Procedural Rules
Use is established under FAA Regulation 14 CFR Part 107, and the MPD UAS policy.

It is the policy of the MPD to utilize UAS only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal 2 | Page
law.

2. Robots: Unmanned machine operating on the ground utilized to enhance the safety to the community and officers.
a. Description, quantity, capabilities, and purchase cost i. Avatar III, cost: $90,000 each, quantity: 1. The Avatar III is a rugged, heavyduty tactical robot that allows personnel to remotely inspect dangerous situations safely and quickly. It has stair climbing ability and an arm capable of lifting 65lbs. The Avatar III also offers microphones, speakers, and cameras for communications, and can deliver small items into unsafe environments. b. Purpose
To be used to remotely gain visual/audio data, deliver hostage negotiator phone, open doors, disrupt packages, and visually clear buildings. c. Authorized Use
Only assigned operators who have completed the required training shall be permitted to operate the robot identified at section 2(a)(i). Use is established by the Investigations Lieutenant and/or Incident Commander.
d. Expected Life Span
15 years.
e. Fiscal Impact
Annual maintenance and battery replacement cost is approximately $250. f. Training
All robot operators complete annual basic operator training to operate the robot identified at sections 2(a)(i).
g. Legal and Procedural Rules
It is the policy of the MPD to utilize a robot only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.

3. Mobile Incident Command Vehicle: A mobile office that provides shelter, access to Police Department computer systems, and incident briefing room for extended events. a. Description, quantity, capabilities, and purchase cost i. 2009 Wells Cargo- model EW2824W. 28-foot-long, two-axle, bumper pulled Mobile Command Trailer, cost $41,000, quantity 1. The interior of the trailer provides three workstations with computers and mobile radios. The trailer has 3 | Page
a small refrigerator, microwave, and climate control unit. b. Purpose
To be used based on the specific circumstances of a given critical incident, large event, natural disaster, or community event that is taking place. c. Authorized Use
The Mobile Command Center (MCC) shall be used by Officers / Volunteers trained in their deployment and in a manner consistent with Department policy and training.

Furthermore, only Officers / Volunteers who are properly licensed and have completed a driver’s training program will be allowed to drive the MCC. d. Lifespan
20 years with IT upgrades every 5 – 7 years.
e. Fiscal Impact
Annual maintenance cost is approximately $2,050.
f. Training
The driver/operator shall receive training in the safe handling of the vehicle on a closed training course.
g. Legal and Procedural Rules
It is the policy of the MPD to use the MCC only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.

4. Breaching Equipment: Tools that are used to breach doors or glass by use of slugs or explosives.
a. Description, quantity, capabilities, and purchase cost i. Remington 870 breaching shotgun, cost: $500, quantity 2. This weapon allows for breachers to utilize shotgun breaching rounds in order to defeat deadbolts, locks, and hinges. The stand-off that is attached to the end of the barrel allows for positive placement of the gun into the correct position and vents gasses to prevent overpressure. This weapon can also defeat windows and sliding glass doors with a flash bang round. 4 | Page
ii. CTS 12-gauge breaching munition, #2570, cost $7 each, quantity 10. The round is fired from a breaching shotgun and is used to disrupt locking mechanisms and hinges, defeat and breach external and internal doors. iii. Royal Arms Flash Bang Cartridge FBC (Red Cap), cost: $7.50, quantity: 81, This cartridge is used with the breaching shotgun for diversionary, disorientation, breaching, and crowd control. The round is designed to breach solid wood doors, sliders, and car windows.
b. Purpose
To gain entry safely and quickly into a structure.
c. Authorized Use
Breaching with 12-gauge rounds may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises. d. Lifespan
Breaching shotgun – 25 years
Breaching rounds – 5 years
e. Fiscal Impact
Annual maintenance is approximately $500.
f. Training
All Officers who use breaching rounds shall be certified by a POST instructor in the use of breaching rounds and equipment.
g. Legal and Procedural Rules
It is the policy of the MPD to utilize breaching equipment only for official law enforcement purposes, and pursuant to State and Federal law.

5. Chemical Agent and Smoke Canisters: Canisters that contain chemical agents that are released when deployed.
a. Description, quantity, capabilities, and purchase cost i. Defense Technology, Flameless Tri-Chamber SAF Smoke Grenade, #1027, cost $43 each, quantity 100. The Tri-chamber flameless smoke grenade will deliver .70 oz of agent during a 20-25 second burn time. It can be used in crowd control as well as tactical deployment situations but was designed with a barricade situation in mind. Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects. It provides the option of delivering indoors, maximizing the chemicals’ effectiveness via heat and vaporization, while minimizing or negating the chance of fire to the structure. 5 | Page
ii. Defense Technology, Riot Control Continuous Discharge Grenade, CS, #1082, cost $27, quantity 6. The Riot Control CS Grenade is designed specifically for outdoor use in crowd control situations with a high-volume continuous burn that expels its payload through four gas ports located on top of the canister. It can be used to conceal tactical movement or to route a crowd. The launchable grenade holds 2.7 oz of active agent.
iii. Defense Technology, Flameless Tri-Chamber CS Grenade, #1026, cost $45 each, quantity 3. The Tri-Chamber Flameless CS Grenade allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. It is designed primarily for indoor tactical situation to detect and/or dislodge a barricaded subject. The grenade will deliver .70 oz of agent during its 20-25 seconds burn time. The purpose of the Tri-Chamber Flameless Grenade is to minimize the risks to all parties through pain compliance, temporary discomfit, and/or incapacitation of potentially violent or dangerous subjects. iv. Defense Technology, Instantaneous Blast OC #1040, cost $27, quantity 2. The Instantaneous Blast OC grenade is designed for indoor or outdoor use; this grenade’s powder is expelled upon initiation of a small internal detonator that has sufficient force to split the canister at six machined groves on the outside surface. This device is well suited for affecting numerous subjects grouped in an area, using wind to the advantage. It will deliver 1.5 oz of active agent. b. Purpose
To limit the escalation of conflict and minimize the use of more serious force options.

Situations for use of the chemical agents’ systems may include, but are not limited to:
i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
c. Authorized Use
Only Officers who have received POST certification in the use chemical agents are authorized to use chemical agents.
d. Training
Officers utilizing chemical agent canisters are certified by POST in the use of less lethal and chemical agents instructors.
e. Lifespan
5 years from manufacturing date.
f. Fiscal Impact
6 | Page
No annual maintenance.
g. Legal and Procedural Rules
It is the policy of the MPD to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

6. 40MM Launchers and Rounds: 40MM Launchers are utilized by department personnel as a less lethal tool to launch impact rounds and chemical munitions. a. Description, quantity, capabilities, and purchase cost:
i. Defense Technology, 40MM tactical 4 shot launcher, #1440, quantity 2, cost $2500 each. The 40MM multi launcher is a multi-shot pump action launcher that features an adjustable stock, integrated front grip, and an accessory rail. It features a revolving cylinder that will hold four rounds and will fire standard 40MM less lethal ammunition up to 4.8 inches in cartridge length. ii. Defense Technology Spede-Heat 40MM long-range, CS, #6182, cost $30 each, quantity 3. The Spede-Heat CS longe-range munitions delivers one chemical canister of CS agent from a 40MM launcher down range up to 150 yards. The pyrotechnic round is designed specifically for outdoor use in crowd control situations.
iii. Defense Technology Spede-Heat 40MM long-range round, SAF Smoke #6183, cost $27 each, quantity 6. The Spede-Heat SAF Smoke munitions deliver one chemical canister of SAF-smoke down range up to 150 yards. The round is designed for outdoor use in crowd control situations with a continuous burn that expels it payload in 20-40 seconds from a single source. iv. Defense Technology Stinger 40MM .60 caliber rubber ball round, #6097, cost $28 each, quantity 20. The Stinger 40MM .60 caliber round is most widely used as a crowd management tool by law enforcement. The round contains approximately eighteen .60 caliber rubber balls. It utilizes smokeless powder as the propellants. The round is generally deployed in low trajectories or skip fired in the general direction (non-target specific) of the intended targets. It is suitable for administering a means of pain compliance over a distance of 15-40 feet with non-compliant crowds.
b. Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c. Authorized Use
Situations for use of the less lethal weapon systems may include, but are not limited to:
7 | Page
i. Self-destructive, dangerous, and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
d. Training
Officers utilizing 40MM less lethal chemical agents or impact rounds are trained in their use by POST certified less lethal and chemical agents’ instructors. e. Lifespan
40MM Launchers - 15 years.
40MM munitions - 5 years.
f. Fiscal Impact
Annual maintenance is approximately $50 for each launcher. g. Legal and Procedural Rules
It is the policy of MPD to utilize the 40mm equipment only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

7. Less Lethal Launcher: A Less Lethal Launcher is used to deploy the less lethal 12-gauge rounds.
a. Description, quantity, capabilities, and purchase cost i. Remington 870 Less Lethal Launcher, cost $950 each, quantity: 25. Used to deploy less lethal impact munitions. The stock and pump grip of the launcher are bright orange in color to indicate it’s use as less lethal. ii. 12-gauge Safariland drag stabilized beanbag round, #3027, cost: $5, quantity 234. A less lethal 12-gauge round that launches a ballistic fiber bag filled with 40 grams of lead shot. The effective range of this munition is at least 20 feet up to 75 feet from the target. It does not require a minimum range to “unfold” or “stabilize” and accuracy is relative to the launcher, barrel length, environmental conditions, and the operator.
b. Purpose
To limit the escalation of conflict and attempt to avoid the need for lethal force.
8 | Page
c. Authorized Use
Situations for use of the less lethal weapon systems may include, but are not limited to:
i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
d. Lifespan
Remington 870 Less Lethal Launcher–
25years
Safariland drag stabilized round–No
expiration
e. Fiscal Impact
Annual maintenance is approximately $50 for each shotgun. f. Training
All officers are trained in the use of 12-gauge less lethal launcher as a less lethal option by in-service training.
g. Legal and Procedural Rules
It is the policy of the MPD to utilize the less lethal launcher only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

SECTION TWO: Qualifying equipment known to be owned and/or utilized by law enforcement units with which the Madera Police Department collaborates and/or participates for law enforcement purposes. The Madera Police Department participates in the Madera County Regional SWAT Team. This equipment is owned and operated by Madera County SWAT Team through the Madera County Sheriff’s Office, which could result in its deployment and/or use in the City of Madera.

1. Unmanned Aircraft System (UAS): An unmanned aircraft along with the associated equipment necessary to control it remotely.

2. Robots: Unmanned machine operating on the ground utilized to enhance the safety to the community and officers.

3. Armored Vehicles: Commercially produced, wheeled, armored personnel vehicle utilized for law enforcement purposes.
9 | Page

4. Mobile Incident Command Vehicle: A mobile office that provides shelter, access to Sheriff’s Office computer systems, incident briefing room, and restroom facilities for extended events.

5. Breaching Equipment: Tools that are used to breach doors or glass by use of slugs or explosives.

6. Distraction Devices: A distraction device produces a loud noise and bright flash and is used to distract and temporarily disorient dangerous suspects during hostage rescue, room entries, or other high-risk arrest situations.

7. Chemical Agent and Smoke Canisters: Canisters that contain chemical agents that are released when deployed.

8. CTS Launching Cup: Cups that attach to 12 gauge less lethal shotguns which allow officers to launch canisters of chemical agents or smoke.

9. PepperBall Launcher: A device that discharges irritant projectiles.

10.Long Range Acoustic Device (LRAD): A high intensity directional acoustical array for long-range, crystal-clear hailing, notification, and an unmistakable warning tone. The LRAD is primarily used as a communication device.

11.40MM and 37MM Launchers and Rounds: 40MM and 37MM Launchers are utilized by department personnel as a less lethal tool to launch impactrounds and chemical munitions.

12.Less Lethal Launcher: A Less Lethal Launcher is used to deploy 12-gauge rounds.

SECTION THREE: This Policy has been adopted by the City Council as Ordinance No. _____ 994 C.S. _

Minutes of a Regular Meeting of the Madera City Council February 19, 2025 Council Chambers
6:00 p.m. City Hall
The Madera City Council meetings are open to the public. The meeting was available for public viewing and participation through Zoom. Members of the public were able to observe the live-streamed meeting on the City’s website and were able to comment on agenda items at the meeting, remotely through an electronic meeting via phone, via email and by regular mail.

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

ROLL CALL:

Present: Mayor Pro Tem Jose Rodriguez, District 2
Councilmember Rohi Zacharia, District 1
Councilmember Steve Montes, District 3
Councilmember Artemio Villegas, District 6

Absent: Mayor Cece Gallegos
Councilmember Anita Evans, District 4
Councilmember Elsa Mejia, District 5
Others present were City Manager Arnoldo Rodriguez, City Clerk Alicia Gonzales, City Attorney Shannon L. Chaffin, City Engineer Keith Helmuth, Community Development Director Will Tackett, Director of Financial Services Michael Lima, Division Fire Chief Justin Macomb, Director of Human Resources Wendy Silva, Director of Parks and Community Services Joseph Hebert, Chief of Police Giachino Chiaramonte and Communication Specialist Joseph Carrello.

INVOCATION: Rev. Joseph Alicea, Awaken Church of God
PLEDGE OF ALLEGIANCE: Councilmember Montes
APPROVAL OF AGENDA:

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER VILLEGAS, THE AGENDA WAS APPROVED BY A 4/0 VOTE. ABSENT: MAYOR GALLEGOS AND COUNCILMEMBERS EVANS AND MEJIA.

PRESENTATIONS:

1. Proclamation Recognizing the Retirement of City Employee Juan Montemayor, Maintenance Worker II

2. Proclamation Recognizing NAACP for Black History Month

3. Proclamation Recognizing National Pesticide Safety Education Month Item: B-1
Minutes for: 02/19/2025
Adopted: 03/05/2025
City of Madera City Council Minutes
205 W. 4th Street February 19, 2025
Madera, CA 93637 Page 2 of 6
PUBLIC COMMENT:

The first 15 minutes of the meeting are reserved for members of the public to address the Council on items which are within the subject matter jurisdiction of the Council. Speakers shall be limited to three minutes. Speakers will be asked, but are not required, to identify themselves and state the subject of their comments. If the subject is an item on the Agenda, the Mayor has the option of asking the speaker to hold the comment until that item is called. Comments on items listed as a Public Hearing on the Agenda should be held until the hearing is opened. The Council is prohibited by law from taking any action on matters discussed that are not on the agenda, and no adverse conclusions should be drawn if the Council does not respond to public comment at this time.

Larry Lihosit, author of the book “Neighbors Oral History from Madera, California” mentioned some of the people that he interviewed for his book.

John Stalker, a member of the public, asked Council to adopt a resolution opposing the Mileage Road Tax in the State of California.

Monica Felix, a member of the public, spoke in favor of the City of Madera being a Welcoming City.

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

A. PUBLIC HEARINGS:

A-1 Adoption of New Purchasing Procedures Ordinance and Amendment of Administrative Policy 18, Purchasing Policy of the City of Madera
Recommendation: Waive the Full Reading and by Title Only Introduce an Ordinance of the City of Madera Repealing and Replacing Chapter 4 of Title II of the Madera Municipal Code Relating to Purchasing Procedures and Including Raising Purchasing Thresholds, and adopt a Resolution amending Administrative Policy 18, Purchasing Policy of the City of Madera Contingent upon Subsequent Adoption of the Accompanying Ordinance (Report by Michael Lima)

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER VILLEGAS, ITEM A-1 WAS APPROVED BY A 4/0 VOTE. ABSENT: MAYOR GALLEGOS AND COUNCILMEMBERS EVANS AND MEJIA.

INTRO ORD AN ORDINANCE OF THE CITY OF MADERA REPEALING AND REPLACING CHAPTER 4 OF TITLE II OF THE MUNICIPAL CODE RELATING TO

PURCHASING PROCEDURES AND INCLUDING RAISING PURCHASING

THRESHOLDS
RES 25-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA APPROVING THE AMENDMENT TO ADMINISTRATIVE
POLICY 18, PURCHASING POLICY OF THE CITY OF MADERA
B. CONSENT CALENDAR:

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER VILLEGAS, City of Madera City Council Minutes
205 W. 4th Street February 19, 2025
Madera, CA 93637 Page 3 of 6
ITEM B-1 WAS APPROVED BY A 4/0 VOTE. ABSENT: MAYOR GALLEGOS AND COUNCILMEMBERS EVANS AND MEJIA.

B-1 Minutes – February 5, 2025
Recommendation: Approve the City Council Minutes of February 5, 2025 (Report by Alicia Gonzales)
B-2 Informational Report on Register of Audited Demands Recommendation: Review Register of Audited Demands Report for January 25, 2025 to February 7, 2025 (Report by Michael Lima)
B-3 Informational Report on Personnel Activity
Recommendation: This report is submitted for informational purposes only and there is no action requested from the City Council (Council) (Report by Wendy Silva)
B-4 Informational Report on Contract City Attorney Services and Litigation Expenditures Recommendation: This report is submitted for informational purposes only and there is no action requested from the City Council (Report by Arnoldo Rodriguez) B-5 Proclamation Recognizing Scout Troop 117 for their 100 Years of Service to the Youth of Madera
Recommendation: Adopt a Minute Order Approving a Proclamation Recognizing Scout Troop 117 for their 100 Years of Service to the Youth of Madera (Report by Alicia Gonzales)
B-6 Appointment to the Community Development Block Grant Commission Recommendation: Adopt a Resolution Appointing Diana Mosqueda to the Block Grant Commission (BGC) (Report by Michael Lima)
RES 25-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

APPROVING THE APPOINTMENT OF DIANA MOSQUEDA TO THE CITY OF

MADERA BLOCK GRANT COMMISSION
B-7 Appointment to the Transit Advisory Board
Recommendation: Adopt a Resolution Appointing Cynthia Ortegón to the Transit Advisory Board (Report by Michael Lima)
RES 25-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA APPROVING THE APPOINTMENT OF CYNTHIA ORTEGÓN TO THE CITY OF

MADERA TRANSIT ADVISORY BOARD
B-8 Madera County 5150 Response Protocol
Recommendation: Adopt a Resolution Approving a Multi-agency Memorandum of Understanding that defines the City’s roles and responsibilities in relation to Madera County’s 5150 Response Protocol and authorizing the Chief of Police to execute the agreement (Report by Giachino Chiaramonte)
City of Madera City Council Minutes
205 W. 4th Street February 19, 2025
Madera, CA 93637 Page 4 of 6
RES 25-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

APPROVING A MULTI-AGENCY MEMORANDUM OF UNDERSTANDING
THAT DEFINES THE CITY’S ROLES AND RESPONSIBILITIES IN RELATION TO MADERA COUNTY’S 5150 RESPONSE PROTOCOL AND AUTHORIZING THE

CHIEF OF POLICE TO EXECUTE THE AGREEMENT
B-9 Assignment of an Airport Ground Lease Agreement Between the City of Madera and WSD, LLC, to Wood Cattle Company, LLC
Recommendation: Adopt a Resolution Approving the Assignment of an Airport Ground Lease Agreement dated February 19, 2025, between the City of Madera and WSD, LLC, to Wood Cattle Company, LLC (Report by Arnoldo Rodriguez)
RES 25-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, APPROVING THE ASSIGNMENT OF AN AIRPORT GROUND

LEASE AGREEMENT BETWEEN THE CITY OF MADERA AND WSD, LLC, TO

WOOD CATTLE COMPANY, LLC
B-10 First Amendment to Solar Power & Services Agreement Between SunE GIL1, LLC, and the City of Madera
Recommendation: Adopt a Resolution Approving the First Amendment to Solar Power & Services Agreement between SunE GIL1, LLC, successor-in-interest to SunEdison Origination1, LLC, and the City of Madera (Report by Arnoldo Rodriguez)
RES 25-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, APPROVING THE FIRST AMENDMENT TO SOLAR POWER & SERVICES AGREEMENT BETWEEN SUNE GIL1, LLC, SUCCESSOR-ININTEREST TO SUNEDISON ORIGINATION1, LLC, AND THE CITY OF MADERA
B-11 Four Easement Deeds for Sidewalk Improvements at Various Locations City Project R-94 Bid Package 3 Phase 2 AHSC Agreement No. 19-AHSC-12761
Recommendation: Adopt a Resolution Approving Four Agreements for Purchase and Sale of Real Property with the Property Owners and Authorizing the City Clerk to Execute the Certificate of Acceptance and Record the Easement Deeds (Report by Keith Helmuth)
RES 25-39 A RESOLUTION OF THE COUNCIL OF THE CITY OF MADERA, CALIFORNIA

APPROVING FOUR AGREEMENTS FOR PURCHASE AND SALE OF REAL

PROPERTY WITH THE PROPERTY OWNERS AND AUTHORIZING THE CITY

CLERK TO EXECUTE THE CERTIFICATE OF ACCEPTANCE AND RECORD THE

EASEMENT DEEDS FOR SIDEWALK IMPROVEMENTS AT VARIOUS
LOCATIONS CITY PROJECT R-94 BID PACKAGE 3 PHASE 2 AHSC
AGREEMENT NO. 19-AHSC-12761
B-12 2024 Wastewater Treatment Plant Improvements Escrow Agreement for Security in Lieu of Retention
Recommendation: Adopt a Resolution approving Escrow Agreement for security in lieu of City of Madera City Council Minutes
205 W. 4th Street February 19, 2025
Madera, CA 93637 Page 5 of 6
retention with Gateway Pacific Contractors for the 2024 Wastewater Treatment Plant Improvements Project WWTP 24-01 (Report by Keith Helmuth)
RES 25-40 A RESOLUTION APPROVING ESCROW AGREEMENT FOR SECURITY

DEPOSITS IN LIEU OF RETENTION WITH GATEWAY PACIFIC
CONTRACTORS FOR THE 2024 WASTEWATER TREATMENT PLANT
IMPROVEMENTS PROJECT WWTP 24-01 AND AUTHORIZING THE MAYOR

TO EXECUTE AGREEMENT ON BEHALF OF CITY, IN ADDITION TO

AUTHORIZING THE CITY ENGINEER TO EXECUTE ASSOCIATED PROJECT

DOCUMENTS ON BEHALF OF THE CITY
C. WORKSHOP: None
D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS: None E. ADMINISTRATIVE REPORTS:

E-1 Select Recipient for the Proclamations in the Month of March Recommendation: Request for Council’s Selection of a Recipient for the Proclamation Recognizing Red Cross Month and a Proclamation Recognizing Women’s History Month (Report by Alicia Gonzales)
Council by consensus approved proclamations for the Red Cross Month and Women’s History Month.

F. COUNCILMEMBER REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS:

Councilmember Zacharia had nothing to report.

Councilmember Montes expressed his condolences to Councilmember Evans on the passing of her brother. He also wanted to report that the Community Action Partnership of Madera County (CAPMC) is hosting a free tax preparation program for certain individuals that takes place on Saturdays now through April 12th.

Councilmember Villegas mentioned he attended the swearing-in ceremony of Assemblymember Esmeralda Soria and noted it was an enjoyable event.

Mayor Pro Tem Rodriguez attended the Black History Month celebration on Sunday, February 16th, to honor the achievements and contributions of Black Americans. The event paid tribute to the women of the 6888th Battalion Corps, the first all-Black female unit of the U.S.

Women’s Army to serve overseas during World War II, recognizing their dedication and historic service.

G. CLOSED SESSION:

G-1 Conference with Labor Negotiators pursuant to Government Code §54957.6 Agency Designated Representatives: Arnoldo Rodriguez, Wendy Silva and Che Johnson City of Madera City Council Minutes
205 W. 4th Street February 19, 2025
Madera, CA 93637 Page 6 of 6
Employee Organizations: Madera Affiliated City Employees’ Association, Madera Police Officers’ Association, Mid Management
Employee Group, and Law Enforcement Mid
Management Employee Group
G-2 Conference with Labor Negotiators pursuant to Government Code §54957.6 Agency Designated Representative: Arnoldo Rodriguez and Che Johnson Unrepresented Positions: Police Chief, Director of Parks & Community Services, City Engineer, Director of Human Resources, Director
of Information Technology, Chief Building Official,
Planning Manager, Director of Financial Services,
Public Works Operations Director, and Director of
Community Development
City Attorney Shannon Chaffin made the closed session announcement at 6:48 p.m. Mr.

Chaffin and Council returned from Closed Session at 8:32 p.m. Mr. Chaffin stated there was no reportable action.

UPCOMING MEETING DATES:
 Wednesday, March 5, 2025
 Wednesday, March 19, 2025
ADJOURNMENT: Meeting was adjourned at 8:32 p.m.
_____________________________________ ___________________________________ ALICIA GONZALES, City Clerk CECELIA K. GALLEGOS, Mayor
_____________________________________

MINUTES PREPARED BY
ZELDA LEÓN, Deputy City Clerk

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: March 5, 2025
_________________________________ Agenda Number: B-2
Michael Lima, Director of Financial Services
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Informational Report on Register of Audited Demands
RECOMMENDATION:

Review Register of Audited Demands Report for February 8 to February 21, 2025 SUMMARY:

The Register of Audited Demands for the City covering obligations paid during the period of February 8 to February 21, 2025, is summarized in the following tables. Attachment A contains Warrants while Table 2 is a summary of the wire transfers.

Table 1: Warrant Distribution Summary
Description Check #’s Amount
General Warrants 41647 – 41756 $1,220,119.07
Table 2: Wire Transfer Summary
Description Vendor Amount
Payroll and Taxes US Bank $693,376.24
SDI EDD $3,009.06
CalPERS Payment CalPERS $0.00
DISCUSSION:

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

FINANCIAL IMPACT:

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

ALTERNATIVES:

Informational only.

ATTACHMENTS:

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 41647 02/10/2025 ENGINEERING Sewer Capital Outlay RMA GEOSCIENCE, INC. AVE 13 SOIL TESTING 110.00 41648 02/10/2025 ENGINEERING Water Capital Outlay BEYAZ & PATEL, INC. PROFESSIONAL ENGINEERING SVS 48,192.31 41649 02/10/2025 FINANCE Finance MV CHENG & ASSOCIATES, INC. CONSULTING SERVICES: FINANCE DIRECTOR 2,000.00 41650 02/10/2025 CITY CLERK'S OFFICE City Clerk's Office GENERAL LOGISTICS SYSTEMS US INC OVERNIGHT MAIL - CITY ATTORNEY 8.29 41651 02/10/2025 ENGINEERING CDBG Public Improvements THE MADERA MAIL DROP PLAN & SPECS PRINTING 374.70 41652 02/10/2025 FINANCE AIRPORT OPS PRUDENTIAL OVERALL SUPPLY UNIFORM SERVICES 12/24 84.60 41652 02/10/2025 FINANCE Central Admin PRUDENTIAL OVERALL SUPPLY UNIFORM SERVICES 12/24 136.52 41652 02/10/2025 FINANCE Comm & Rec Centers PRUDENTIAL OVERALL SUPPLY UNIFORM SERVICES 12/24 535.52 41652 02/10/2025 FINANCE COMPUTER MAINT PRUDENTIAL OVERALL SUPPLY UNIFORM SERVICES 12/24 14.00 41652 02/10/2025 FINANCE Engineering PRUDENTIAL OVERALL SUPPLY UNIFORM SERVICES 12/24 99.44 41652 02/10/2025 FINANCE Facilities Maintenance PRUDENTIAL OVERALL SUPPLY UNIFORM SERVICES 12/24 556.64 41652 02/10/2025 FINANCE Fleet Maintenance PRUDENTIAL OVERALL SUPPLY UNIFORM SERVICES 12/24 448.20 41652 02/10/2025 FINANCE Parks PRUDENTIAL OVERALL SUPPLY UNIFORM SERVICES 12/24 676.52 41652 02/10/2025 FINANCE STREETS PRUDENTIAL OVERALL SUPPLY UNIFORM SERVICES 12/24 797.08 41652 02/10/2025 FINANCE Sewer Mtnc/Operations PRUDENTIAL OVERALL SUPPLY UNIFORM SERVICES 12/24 283.24 41652 02/10/2025 FINANCE Street Cleaning PRUDENTIAL OVERALL SUPPLY UNIFORM SERVICES 12/24 69.52 41652 02/10/2025 FINANCE UB - Water PRUDENTIAL OVERALL SUPPLY UNIFORM SERVICES 12/24 45.48 41652 02/10/2025 FINANCE Water Mtnc/Operations PRUDENTIAL OVERALL SUPPLY UNIFORM SERVICES 12/24 597.38 41652 02/10/2025 FINANCE Water Quality Control PRUDENTIAL OVERALL SUPPLY UNIFORM SERVICES 12/24 175.52 41652 02/10/2025 FINANCE WWTP PRUDENTIAL OVERALL SUPPLY UNIFORM SERVICES 12/24 738.24 41652 02/10/2025 FINANCE PD Operations PRUDENTIAL OVERALL SUPPLY UNIFORM SERVICES 12/24 136.24 41653 02/10/2025 CITY ADMIN City Attorney ALESHIRE & WYNDER LLP CONSULTING SVS CITY ATTORNEY 25,035.19 41654 02/10/2025 ENGINEERING Sewer Capital Outlay AECOM TECHNICAL SERVICES, INC. SS-06 ONCALL FAIRGROUND LIFT STATION MODIFICATION 1,877.50 41655 02/10/2025 ENGINEERING Engineering AMERICAN BUSINESS MACHINES PLOTTER LEASE 160.00 41655 02/10/2025 ENGINEERING Engineering AMERICAN BUSINESS MACHINES PRINTER FINANCE CHARGE 29.29 41656 02/10/2025 ENGINEERING Water Capital Outlay BSK ASSOCIATES EXTRA TESTING SERVICES 2,710.00 41657 02/10/2025 ENGINEERING Sewer Capital Outlay BLAIR CHURCH & FLYNN PROFESSIONAL ENGINEERING SVS 9,186.00 41658 02/10/2025 FINANCE Building DEPARTMENT OF CONSERVATION 4TH QTR 23/24 SMIP FEE REPORTING (346.12) 41658 02/10/2025 FINANCE General Fund DEPARTMENT OF CONSERVATION 4TH QTR 23/24 SMIP FEE REPORTING 6,922.31 41659 02/10/2025 FINANCE PAYROLL TRUST COLONIAL LIFE & ACCIDENT INSURANCE CO #E700482-3 FOR 01/31/2024 PAYROLL 936.34 41660 02/10/2025 FINANCE PAYROLL TRUST COLONIAL LIFE & ACCIDENT INSURANCE CO #E700482-3 FOR 01/17/2025 PAYROLL 984.55 41661 02/10/2025 PARKS ADMINISTRATION Comm & Rec Centers DIAMOND COMMUNICATIONS UPDATED SECURITY CODES - FBSC 90.00 41661 02/10/2025 PARKS ADMINISTRATION Comm & Rec Centers DIAMOND COMMUNICATIONS FIRE ALARM MONITORING - PANAM 36.00 41661 02/10/2025 PARKS ADMINISTRATION Comm & Rec Centers DIAMOND COMMUNICATIONS UPDATED SECURITY CODES - PANAM 90.00 41662 02/10/2025 GRANTS INTERMODAL BLDG CITY OF MADERA 02/25 UTILITY SERVICES 3040421 49.96 41662 02/10/2025 GRANTS INTERMODAL BLDG CITY OF MADERA 02/25 UTILITY SERVICES 3040431 104.75 41662 02/10/2025 GRANTS INTERMODAL BLDG CITY OF MADERA 02/25 UTILITY SERVICES 3040441 76.75 41663 02/10/2025 FINANCE PAYROLL TRUST M.C.E.A. MONTHLY DUES 01/25 MONTHLY DUES 01/25 320.00 41664 02/10/2025 PW ADMIN AIRPORT OPS MADERA COUNTY TAX COLLECTOR 2024 PROPERTY TAX APN - 037-040-004-000 527.08 41664 02/10/2025 PW ADMIN AIRPORT OPS MADERA COUNTY TAX COLLECTOR 2024 PROPERTY TAX APN - 038-050-018-000 358.89 41664 02/10/2025 PW ADMIN AIRPORT OPS MADERA COUNTY TAX COLLECTOR 2024 PROPERTY TAX APN - 013-030-014-000 245.07 41664 02/10/2025 PW ADMIN AIRPORT OPS MADERA COUNTY TAX COLLECTOR 2024 PROPERTY TAX APN - 013-220-001-000 2,440.54

CITY OF MADERA
REGISTER OF AUDITED DEMANDS FOR BANK #1 - US BANK GENERAL ACCOUNT March 5, 2025

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 41664 02/10/2025 PW ADMIN AIRPORT OPS MADERA COUNTY TAX COLLECTOR 2024 PROPERTY TAX APN - 013-030-002-000 1,410.99 41664 02/10/2025 PW ADMIN AIRPORT OPS MADERA COUNTY TAX COLLECTOR 2024 PROPERTY TAX APN - 013-030-001-000 1,452.53 41664 02/10/2025 PW ADMIN AIRPORT OPS MADERA COUNTY TAX COLLECTOR 2024 PROPERTY TAX APN - 013-030-003-000 694.22 41664 02/10/2025 PW ADMIN AIRPORT OPS MADERA COUNTY TAX COLLECTOR 2024 PROPERTY TAX APN - 013-030-011-000 485.12 41664 02/10/2025 PW ADMIN AIRPORT OPS MADERA COUNTY TAX COLLECTOR 2024 PROPERTY TAX APN - 013-030-012-000 291.27 41664 02/10/2025 PW ADMIN AIRPORT OPS MADERA COUNTY TAX COLLECTOR 2024 PROPERTY TAX APN - 013-030-005-000 1,406.06 41664 02/10/2025 PW ADMIN AIRPORT OPS MADERA COUNTY TAX COLLECTOR 2024 PROPERTY TAX APN - 013-010-039-000 11,538.75 41664 02/10/2025 PW ADMIN AIRPORT OPS MADERA COUNTY TAX COLLECTOR 2024 PROPERTY TAX APN - 013-030-016-000 744.24 41664 02/10/2025 PW ADMIN AIRPORT OPS MADERA COUNTY TAX COLLECTOR 2024 PROPERTY TAX APN - 013-030-017-000 4,530.17 41664 02/10/2025 PW ADMIN AIRPORT OPS MADERA COUNTY TAX COLLECTOR 2024 PROPERTY TAX APN - 013-030-018-000 205.66 41664 02/10/2025 PW ADMIN AIRPORT OPS MADERA COUNTY TAX COLLECTOR 2024 PROPERTY TAX APN - 013-010-041-000 6,070.85 41664 02/10/2025 PW ADMIN AIRPORT OPS MADERA COUNTY TAX COLLECTOR 2024 PROPERTY TAX APN - 013-010-040-000 3,460.95 41665 02/10/2025 FINANCE PAYROLL TRUST M P O A MONTHLY DUES 01/25 8,820.44 41666 02/10/2025 ENGINEERING CDBG Public Improvements MADERA TRIBUNE REQUEST FOR BID - R-97 1,309.00 41666 02/10/2025 ENGINEERING AFFORDABLE HOUSING MADERA TRIBUNE REQUEST FOR BID - R-94 869.00 41666 02/10/2025 HR/RISK MGT HR/RISK MGT MADERA TRIBUNE JOB ADVERSTISEMENT 72.20 41667 02/10/2025 FLEET MAINTENANCE Code Enforcement MADERA UNIFIED SCHOOL DISTRICT MUSD CNG FUEL - 12/23 6.23 41667 02/10/2025 FLEET MAINTENANCE Code Enforcement MADERA UNIFIED SCHOOL DISTRICT MUSD CNG FUEL - 11/23 6.61 41667 02/10/2025 FLEET MAINTENANCE Engineering MADERA UNIFIED SCHOOL DISTRICT MUSD CNG FUEL - 12/23 21.77 41667 02/10/2025 FLEET MAINTENANCE Engineering MADERA UNIFIED SCHOOL DISTRICT MUSD CNG FUEL - 11/23 43.77 41667 02/10/2025 FLEET MAINTENANCE Fleet Motor Pool MADERA UNIFIED SCHOOL DISTRICT MUSD CNG FUEL - 12/23 13.79 41667 02/10/2025 FLEET MAINTENANCE Fleet Motor Pool MADERA UNIFIED SCHOOL DISTRICT MUSD CNG FUEL - 11/23 4.24 41667 02/10/2025 FLEET MAINTENANCE LMD Services MADERA UNIFIED SCHOOL DISTRICT MUSD CNG FUEL - 12/23 16.56 41667 02/10/2025 FLEET MAINTENANCE LMD Services MADERA UNIFIED SCHOOL DISTRICT MUSD CNG FUEL - 11/23 67.96 41667 02/10/2025 FLEET MAINTENANCE Parks MADERA UNIFIED SCHOOL DISTRICT MUSD CNG FUEL - 12/23 52.08 41667 02/10/2025 FLEET MAINTENANCE Parks MADERA UNIFIED SCHOOL DISTRICT MUSD CNG FUEL - 11/23 179.04 41667 02/10/2025 FLEET MAINTENANCE STREETS MADERA UNIFIED SCHOOL DISTRICT MUSD CNG FUEL - 12/23 29.78 41667 02/10/2025 FLEET MAINTENANCE STREETS MADERA UNIFIED SCHOOL DISTRICT MUSD CNG FUEL - 11/23 89.45 41668 02/10/2025 PARKS ADMINISTRATION Aquatics Programs MAMMOTH OXYGEN CO2 FOR POOL 111.60 41669 02/10/2025 PARKS ADMINISTRATION Comm & Rec Centers MAGNETAR. US, INC. YC ALARM SYSTEM SERVICE 413.50 41670 02/10/2025 FLEET MAINTENANCE Fleet Maintenance NAPA MADERA MOTOR PARTS MISC REPAIR PARTS 3,548.93 41671 02/10/2025 ENGINEERING LTF - Streets NATIONAL DATA & SURVEYING SERVICES TRAFFIC COUNTS - OWENS ST & ELLIS ST 790.00 41672 02/10/2025 PARKS Prop 68 Grant O'DELL ENGINEERING, INC. PROP 68 - OLIVE/TAUBERT PARK 1,082.91 41672 02/10/2025 PARKS ADMINISTRATION Special Legislative Grant O'DELL ENGINEERING, INC. DESIGN SVS - LTC TRAILS 2,268.92 41673 02/10/2025 ENGINEERING Engineering SPARKLETTS ENGINEERING - DRINKING WATER 80.42 41674 02/10/2025 PW ADMIN AIRPORT OPS STATE WATER RESOURCES CONTROL BOARD ANNUAL WASTE DISCHARGE FEES 4,526.00 41675 02/10/2025 GRANTS INTERMODAL BLDG VILLA GARDENING SERVICE INC LAWN SERVICES 01/25 500.00 41676 02/10/2025 PARKS ADMINISTRATION Comm & Rec Centers OTP- PARKS REFUNDS DEPOSIT REFUND - PANAM MULTI-ROOM 200.00 41676 02/10/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS DEPOSIT REFUND - PANAM MULTI-ROOM 100.00 41677 02/10/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS DEPOSIT REFUND - PANAM MULTI-ROOM 100.00 41678 02/10/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS DEPOSIT REFUND - FBSC MULTI-ROOM 100.00 41679 02/10/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS DEPOSIT REFUND - SUNRISE ROTARY FIELDS 50.00 41680 02/10/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS DEPOSIT REFUND - PANAM MULTI-ROOM 100.00 41681 02/10/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS DEPOSIT REFUND - ROTARY YOUTH HUT 50.00 41682 02/10/2025 UB - WATER Water Fund OTP- UB REFUNDS UB 9921154 634 ST MONTELENA 36.52

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 41683 02/10/2025 UB - WATER Water Fund OTP- UB REFUNDS UB 9891465 1704 JENNINGS 334.09 41684 02/10/2025 UB - WATER Water Fund OTP- UB REFUNDS UB 9917772 521 SHANNON 184.31 41685 02/10/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 9924534 157.82 41686 02/21/2025 ENGINEERING Sewer Capital Outlay SAK CONSTRUCTION, LLC AVE 13 SEWER INTERCEPTOR REHABILITATION SS-14 557,674.93 41687 02/21/2025 PD OPERATIONS PD Operations KER'S GAS & LUBE, INC. PD CAR WASHES 4,530.00 41688 02/21/2025 PD OPERATIONS MEAS K - PD HARRY D. WILSON INC. BMW 1250 - SERVICE 1,844.37 41689 02/21/2025 PD OPERATIONS MEAS K - PD RAUL R. HERRERA JR. POLYGRAPHS 500.00 41690 02/21/2025 PARKS ADMINISTRATION Sports Programs J & D MANUFACTURING YOUTH BASKETBALL JERSEYS 1,968.53 41691 02/21/2025 PD OPERATIONS PD Operations TRILOGY MEDWASTE WEST LLC REUSABLE TUB - MEDICAL WASTE 79.30 41692 02/21/2025 PARKS ADMINISTRATION Parks ELITE MAINTENANCE AND TREE SERVICE GROUP 2 NON-MEDIAN LANDSCAPE MAINTENANCE 5,678.40 41692 02/21/2025 PARKS ADMINISTRATION MEDIAN LANDS ELITE MAINTENANCE AND TREE SERVICE GROUP 3 MEDIAN LANDSCAPE MAINTENANCE 12,560.80 41692 02/21/2025 PARKS ADMINISTRATION Parking Dist Operation ELITE MAINTENANCE AND TREE SERVICE GROUP 1 DOWNTOWN LANDSCAPE MAINTENANCE 509.60 41693 02/21/2025 FINANCE AIRPORT OPS VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES - 01/16/25-01/31/25 73.76 41693 02/21/2025 FINANCE Animal Control VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES - 01/16/25-01/31/25 386.56 41693 02/21/2025 FINANCE Building VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES - 01/16/25-01/31/25 114.53 41693 02/21/2025 FINANCE Code Enforcement VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES - 01/16/25-01/31/25 122.77 41693 02/21/2025 FINANCE DRAINAGE VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES - 01/16/25-01/31/25 220.28 41693 02/21/2025 FINANCE Engineering VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES - 01/16/25-01/31/25 280.82 41693 02/21/2025 FINANCE Facilities Maintenance VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES - 01/16/25-01/31/25 390.90 41693 02/21/2025 FINANCE Fleet Maintenance VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES - 01/16/25-01/31/25 42.87 41693 02/21/2025 FINANCE Fleet Motor Pool VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES - 01/16/25-01/31/25 41.89 41693 02/21/2025 FINANCE GRAFFITI ABATE VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES - 01/16/25-01/31/25 597.86 41693 02/21/2025 FINANCE LMD Services VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES - 01/16/25-01/31/25 698.60 41693 02/21/2025 FINANCE Parks VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES - 01/16/25-01/31/25 1,890.46 41693 02/21/2025 FINANCE STREETS VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES - 01/16/25-01/31/25 2,232.60 41693 02/21/2025 FINANCE Sewer Mtnc/Operations VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES - 01/16/25-01/31/25 654.96 41693 02/21/2025 FINANCE Street Cleaning VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES - 01/16/25-01/31/25 1,679.01 41693 02/21/2025 FINANCE TRANS - FIXED VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES - 01/16/25-01/31/25 3,726.16 41693 02/21/2025 FINANCE TRANS - DAR VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES - 01/16/25-01/31/25 3,390.26 41693 02/21/2025 FINANCE Water Mtnc/Operations VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES - 01/16/25-01/31/25 1,164.47 41693 02/21/2025 FINANCE Water Quality Control VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES - 01/16/25-01/31/25 44.03 41693 02/21/2025 FINANCE PD Operations VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES - 01/16/25-01/31/25 7,082.44 41693 02/21/2025 FINANCE PW Safe & Clean Initiative VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES - 01/16/25-01/31/25 170.35 41693 02/21/2025 WWTP WWTP VAN DE POL ENTERPRISES, INC. FUEL WWTP - BULK PROPANE 2,595.70 41694 02/21/2025 FINANCE General Trust Fund CALIFORNIA ENVIRONMENTAL PROTECTION AGENCYMPD ASSET FORFEITURE - 24M-07886 61.80 41695 02/21/2025 PD OPERATIONS PD Operations CINTAS CORPORATION MEDICAL SUPPLIES 275.01 41696 02/21/2025 FLEET MAINTENANCE Fleet Maintenance DL BATTY, INC. SHOP - ROLL UP DOOR REPLACEMENT 59,937.98 41697 02/21/2025 FLEET MAINTENANCE Facilities Maintenance PB LOADER CORPORATION #1533 LIFT GATE 8,098.91 41698 02/21/2025 FINANCE Madera Groundwater JPA Committ CALTECH WEB LLC WEB DESIGN & MAINTENANCE - 01/10/25-02/10/25 99.00 41698 02/21/2025 FINANCE Madera Groundwater JPA Committ CALTECH WEB LLC WEB DESIGN & MAINTENANCE - 02/10/25-03/10/25 99.00 41699 02/21/2025 FIRE Fire KING TRAINING INNOVATIONS LLC TRAINING PROPS 4,812.86 41700 02/21/2025 WWTP WWTP DELLAVALLE LABORATORY,INC. PERMIT COMPLIANCE LAB 3,970.00 41700 02/21/2025 WATER QUALITY CONTROL WaterQuality Control DELLAVALLE LABORATORY,INC. WEEKLY SAMPLING 1,824.00 41700 02/21/2025 WATER QUALITY CONTROL WaterQuality Control DELLAVALLE LABORATORY,INC. MONTHLY SAMPLING 288.00 41700 02/21/2025 WATER QUALITY CONTROL WaterQuality Control DELLAVALLE LABORATORY,INC. WEEKLY SAMPLING 608.00

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 41701 02/21/2025 FINANCE AIRPORT OPS AT&T SERVICE 831-000-6408-576 11/24 533.86 41701 02/21/2025 FINANCE AIRPORT OPS AT&T SERVICE 831-000-6408-576 11/24 505.02 41701 02/21/2025 FINANCE Building AT&T SERVICE 831-000-6408-576 11/24 108.63 41701 02/21/2025 FINANCE Building AT&T SERVICE 831-000-6408-576 12/24 102.77 41701 02/21/2025 FINANCE City Attorney AT&T SERVICE 831-000-6408-576 11/24 35.38 41701 02/21/2025 FINANCE City Attorney AT&T SERVICE 831-000-6408-576 12/24 33.47 41701 02/21/2025 FINANCE City Clerk's Office AT&T SERVICE 831-000-6408-576 11/24 29.80 41701 02/21/2025 FINANCE City Clerk's Office AT&T SERVICE 831-000-6408-576 12/24 28.19 41701 02/21/2025 FINANCE Code Enforcement AT&T SERVICE 831-000-6408-576 11/24 595.31 41701 02/21/2025 FINANCE Code Enforcement AT&T SERVICE 831-000-6408-576 12/24 563.15 41701 02/21/2025 FINANCE Comm & Rec Centers AT&T SERVICE 831-000-6408-576 11/24 1,663.03 41701 02/21/2025 FINANCE Comm & Rec Centers AT&T SERVICE 831-000-6408-576 12/24 1,573.19 41701 02/21/2025 FINANCE COMPUTER MAINT AT&T SERVICE 831-000-6408-576 11/24 112.36 41701 02/21/2025 FINANCE COMPUTER MAINT AT&T SERVICE 831-000-6408-576 12/24 106.29 41701 02/21/2025 FINANCE Engineering AT&T SERVICE 831-000-6408-576 11/24 249.55 41701 02/21/2025 FINANCE Engineering AT&T SERVICE 831-000-6408-576 12/24 236.07 41701 02/21/2025 FINANCE Finance AT&T SERVICE 831-000-6408-576 11/24 85.04 41701 02/21/2025 FINANCE Finance AT&T SERVICE 831-000-6408-576 12/24 80.45 41701 02/21/2025 FINANCE Fire AT&T SERVICE 831-000-6408-576 11/24 1,068.33 41701 02/21/2025 FINANCE Fire AT&T SERVICE 831-000-6408-576 12/24 1,010.62 41701 02/21/2025 FINANCE GRANT OVERSIGHT AT&T SERVICE 831-000-6408-576 11/24 104.29 41701 02/21/2025 FINANCE GRANT OVERSIGHT AT&T SERVICE 831-000-6408-576 12/24 98.65 41701 02/21/2025 FINANCE HR/RISK MGT AT&T SERVICE 831-000-6408-576 11/24 70.77 41701 02/21/2025 FINANCE HR/RISK MGT AT&T SERVICE 831-000-6408-576 12/24 66.94 41701 02/21/2025 FINANCE Planning AT&T SERVICE 831-000-6408-576 11/24 91.25 41701 02/21/2025 FINANCE Planning AT&T SERVICE 831-000-6408-576 12/24 86.32 41701 02/21/2025 FINANCE UB - Garbage AT&T SERVICE 831-000-6408-576 11/24 207.34 41701 02/21/2025 FINANCE UB - Garbage AT&T SERVICE 831-000-6408-576 12/24 196.15 41701 02/21/2025 FINANCE UB - Sewer AT&T SERVICE 831-000-6408-576 11/24 207.34 41701 02/21/2025 FINANCE UB - Sewer AT&T SERVICE 831-000-6408-576 12/24 196.13 41701 02/21/2025 FINANCE UB - Water AT&T SERVICE 831-000-6408-576 11/24 414.67 41701 02/21/2025 FINANCE UB - Water AT&T SERVICE 831-000-6408-576 12/24 392.27 41701 02/21/2025 FINANCE City Manager AT&T SERVICE 831-000-6408-576 11/24 35.38 41701 02/21/2025 FINANCE City Manager AT&T SERVICE 831-000-6408-576 12/24 33.47 41701 02/21/2025 FINANCE PD Operations AT&T SERVICE 831-000-6408-576 11/24 595.31 41701 02/21/2025 FINANCE PD Operations AT&T SERVICE 831-000-6408-576 12/24 563.15 41702 02/21/2025 FINANCE Building AT&T 01/25 CALNET SERVICE 9391031577 30.28 41702 02/21/2025 FINANCE Building AT&T 01/25 CALNET SERVICE 9391026390 34.95 41702 02/21/2025 FINANCE Building AT&T 01/25 CALNET SERVICE 9391031559 18.67 41702 02/21/2025 FINANCE Building AT&T 01/25 CALNET SERVICE 9391026407 31.53 41702 02/21/2025 FINANCE City Attorney AT&T 01/25 CALNET SERVICE 9391031577 8.64 41702 02/21/2025 FINANCE City Attorney AT&T 01/25 CALNET SERVICE 9391026390 9.97 41702 02/21/2025 FINANCE City Attorney AT&T 01/25 CALNET SERVICE 9391031559 7.00 41702 02/21/2025 FINANCE City Attorney AT&T 01/25 CALNET SERVICE 9391026388 62.76 41702 02/21/2025 FINANCE City Clerk's Office AT&T 01/25 CALNET SERVICE 9391031577 8.64

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 41702 02/21/2025 FINANCE City Clerk's Office AT&T 01/25 CALNET SERVICE 9391026390 9.97 41702 02/21/2025 FINANCE City Clerk's Office AT&T 01/25 CALNET SERVICE 9391031559 4.67 41702 02/21/2025 FINANCE Code Enforcement AT&T 01/25 CALNET SERVICE 9391026413 62.29 41702 02/21/2025 FINANCE Comm & Rec Centers AT&T 01/25 CALNET SERVICE 9391063910 322.79 41702 02/21/2025 FINANCE Comm & Rec Centers AT&T 01/25 CALNET SERVICE 9391026392 63.09 41702 02/21/2025 FINANCE COMPUTER MAINT AT&T 01/25 CALNET SERVICE 9391031577 17.30 41702 02/21/2025 FINANCE COMPUTER MAINT AT&T 01/25 CALNET SERVICE 9391026390 19.97 41702 02/21/2025 FINANCE COMPUTER MAINT AT&T 01/25 CALNET SERVICE 9391031559 2.33 41702 02/21/2025 FINANCE Engineering AT&T 01/25 CALNET SERVICE 9391031577 60.57 41702 02/21/2025 FINANCE Engineering AT&T 01/25 CALNET SERVICE 9391026390 69.90 41702 02/21/2025 FINANCE Engineering AT&T 01/25 CALNET SERVICE 9391031559 35.00 41702 02/21/2025 FINANCE Facilities Maintenance AT&T 01/25 CALNET SERVICE 9391031564 13.72 41702 02/21/2025 FINANCE Facilities Maintenance AT&T 01/25 CALNET SERVICE 9391026394 24.96 41702 02/21/2025 FINANCE Finance AT&T 01/25 CALNET SERVICE 9391031577 47.58 41702 02/21/2025 FINANCE Finance AT&T 01/25 CALNET SERVICE 9391026390 54.91 41702 02/21/2025 FINANCE Finance AT&T 01/25 CALNET SERVICE 9391031559 23.33 41702 02/21/2025 FINANCE Fleet Maintenance AT&T 01/25 CALNET SERVICE 9391031564 9.15 41702 02/21/2025 FINANCE Fleet Maintenance AT&T 01/25 CALNET SERVICE 9391026394 16.67 41702 02/21/2025 FINANCE GRANT OVERSIGHT AT&T 01/25 CALNET SERVICE 9391031577 17.30 41702 02/21/2025 FINANCE GRANT OVERSIGHT AT&T 01/25 CALNET SERVICE 9391026390 19.97 41702 02/21/2025 FINANCE GRANT OVERSIGHT AT&T 01/25 CALNET SERVICE 9391031559 11.67 41702 02/21/2025 FINANCE HR/RISK MGT AT&T 01/25 CALNET SERVICE 9391031577 12.95 41702 02/21/2025 FINANCE HR/RISK MGT AT&T 01/25 CALNET SERVICE 9391026390 14.95 41702 02/21/2025 FINANCE HR/RISK MGT AT&T 01/25 CALNET SERVICE 9391031559 7.00 41702 02/21/2025 FINANCE Planning AT&T 01/25 CALNET SERVICE 9391031577 21.62 41702 02/21/2025 FINANCE Planning AT&T 01/25 CALNET SERVICE 9391026390 24.95 41702 02/21/2025 FINANCE Planning AT&T 01/25 CALNET SERVICE 9391031559 11.67 41702 02/21/2025 FINANCE STREETS AT&T 01/25 CALNET SERVICE 9391031564 22.88 41702 02/21/2025 FINANCE STREETS AT&T 01/25 CALNET SERVICE 9391026394 41.64 41702 02/21/2025 FINANCE Sewer Mtnc/Operations AT&T 01/25 CALNET SERVICE 9391031564 16.01 41702 02/21/2025 FINANCE Sewer Mtnc/Operations AT&T 01/25 CALNET SERVICE 9391026394 29.12 41702 02/21/2025 FINANCE SOLID WASTE AT&T 01/25 CALNET SERVICE 9391031564 18.32 41702 02/21/2025 FINANCE SOLID WASTE AT&T 01/25 CALNET SERVICE 9391026394 33.30 41702 02/21/2025 FINANCE Sr Citizen Community Service AT&T 01/25 CALNET SERVICE 9391026389 31.53 41702 02/21/2025 FINANCE Sr Citizen Community Service AT&T 01/25 CALNET SERVICE 9391026395 31.53 41702 02/21/2025 FINANCE UB - Garbage AT&T 01/25 CALNET SERVICE 9391031577 14.05 41702 02/21/2025 FINANCE UB - Garbage AT&T 01/25 CALNET SERVICE 9391026390 16.19 41702 02/21/2025 FINANCE UB - Garbage AT&T 01/25 CALNET SERVICE 9391031559 6.22 41702 02/21/2025 FINANCE UB - Garbage AT&T 01/25 CALNET SERVICE 9391031564 4.57 41702 02/21/2025 FINANCE UB - Garbage AT&T 01/25 CALNET SERVICE 9391026394 8.32 41702 02/21/2025 FINANCE UB - Sewer AT&T 01/25 CALNET SERVICE 9391031577 14.05 41702 02/21/2025 FINANCE UB - Sewer AT&T 01/25 CALNET SERVICE 9391026390 16.22 41702 02/21/2025 FINANCE UB - Sewer AT&T 01/25 CALNET SERVICE 9391031559 6.22 41702 02/21/2025 FINANCE UB - Sewer AT&T 01/25 CALNET SERVICE 9391031564 4.57 41702 02/21/2025 FINANCE UB - Sewer AT&T 01/25 CALNET SERVICE 9391026394 8.32

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 41702 02/21/2025 FINANCE UB - Water AT&T 01/25 CALNET SERVICE 9391031577 28.17 41702 02/21/2025 FINANCE UB - Water AT&T 01/25 CALNET SERVICE 9391026390 32.51 41702 02/21/2025 FINANCE UB - Water AT&T 01/25 CALNET SERVICE 9391031559 12.44 41702 02/21/2025 FINANCE UB - Water AT&T 01/25 CALNET SERVICE 9391031564 9.16 41702 02/21/2025 FINANCE UB - Water AT&T 01/25 CALNET SERVICE 9391026394 16.67 41702 02/21/2025 FINANCE UB - Water AT&T 01/25 CALNET SERVICE 9391026393 93.04 41702 02/21/2025 FINANCE Water Mtnc/Operations AT&T 01/25 CALNET SERVICE 9391031564 20.58 41702 02/21/2025 FINANCE Water Mtnc/Operations AT&T 01/25 CALNET SERVICE 9391026394 37.45 41702 02/21/2025 FINANCE Water Quality Control AT&T 01/25 CALNET SERVICE 9391031564 9.15 41702 02/21/2025 FINANCE Water Quality Control AT&T 01/25 CALNET SERVICE 9391026394 16.67 41702 02/21/2025 FINANCE WWTP AT&T 01/25 CALNET SERVICE 9391031564 13.72 41702 02/21/2025 FINANCE WWTP AT&T 01/25 CALNET SERVICE 9391026394 24.96 41702 02/21/2025 FINANCE City Manager AT&T 01/25 CALNET SERVICE 9391031577 8.64 41702 02/21/2025 FINANCE City Manager AT&T 01/25 CALNET SERVICE 9391026390 9.97 41702 02/21/2025 FINANCE City Manager AT&T 01/25 CALNET SERVICE 9391031559 9.33 41702 02/21/2025 FINANCE Purchasing AT&T 01/25 CALNET SERVICE 9391031564 13.72 41702 02/21/2025 FINANCE Purchasing AT&T 01/25 CALNET SERVICE 9391026394 24.96 41702 02/21/2025 FINANCE PD Operations AT&T 01/25 CALNET SERVICE 9391026414 382.09 41702 02/21/2025 FINANCE PD Operations AT&T 01/25 CALNET SERVICE 9391031561 155.55 41702 02/21/2025 FINANCE PD Operations AT&T 01/25 CALNET SERVICE 9391031579 288.23 41702 02/21/2025 FINANCE PD Operations AT&T 01/25 CALNET SERVICE 9391026411 148.03 41702 02/21/2025 PD OPERATIONS PD Operations AT&T 01/25 CALNET SERVICE 9391031566 155.55 41702 02/21/2025 PD OPERATIONS PD Operations AT&T 01/25 CALNET SERVICE 9391031578 156.74 41702 02/21/2025 PD OPERATIONS PD Operations AT&T 01/25 CALNET SERVICE 9391064552 572.42 41703 02/21/2025 FINANCE Aquatics Programs AT&T 01/25 CALNET SERVICE 9391026397 29.97 41703 02/21/2025 FINANCE Fire AT&T 01/25 CALNET SERVICE 9391026402 31.53 41704 02/21/2025 FINANCE AIRPORT OPS AT&T 01/25 FIRSTNET SERVICE 287302656036 90.16 41704 02/21/2025 FINANCE Building AT&T 01/25 FIRSTNET SERVICE 287302656036 215.24 41704 02/21/2025 FINANCE City Clerk's Office AT&T 01/25 FIRSTNET SERVICE 287302656036 90.16 41704 02/21/2025 FINANCE City Council AT&T 01/25 FIRSTNET SERVICE 287302656036 281.68 41704 02/21/2025 FINANCE Code Enforcement AT&T 01/25 FIRSTNET SERVICE 287302656036 45.08 41704 02/21/2025 FINANCE Comm & Rec Centers AT&T 01/25 FIRSTNET SERVICE 287302656036 50.13 41704 02/21/2025 FINANCE COMPUTER MAINT AT&T 01/25 FIRSTNET SERVICE 287302656036 743.41 41704 02/21/2025 FINANCE Engineering AT&T 01/25 FIRSTNET SERVICE 287302656036 240.76 41704 02/21/2025 FINANCE Facilities Maintenance AT&T 01/25 FIRSTNET SERVICE 287302656036 791.61 41704 02/21/2025 FINANCE Finance AT&T 01/25 FIRSTNET SERVICE 287302656036 185.58 41704 02/21/2025 FINANCE Fleet Maintenance AT&T 01/25 FIRSTNET SERVICE 287302656036 45.08 41704 02/21/2025 FINANCE GRANT OVERSIGHT AT&T 01/25 FIRSTNET SERVICE 287302656036 95.21 41704 02/21/2025 FINANCE HR/RISK MGT AT&T 01/25 FIRSTNET SERVICE 287302656036 50.13 41704 02/21/2025 FINANCE Parks AT&T 01/25 FIRSTNET SERVICE 287302656036 290.74 41704 02/21/2025 FINANCE Parks Administration AT&T 01/25 FIRSTNET SERVICE 287302656036 50.13 41704 02/21/2025 FINANCE Planning AT&T 01/25 FIRSTNET SERVICE 287302656036 90.16 41704 02/21/2025 FINANCE STREETS AT&T 01/25 FIRSTNET SERVICE 287302656036 50.13 41704 02/21/2025 FINANCE Recreation AT&T 01/25 FIRSTNET SERVICE 287302656036 90.16 41704 02/21/2025 FINANCE UB - Garbage AT&T 01/25 FIRSTNET SERVICE 287302656036 11.27

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 41704 02/21/2025 FINANCE UB - Sewer AT&T 01/25 FIRSTNET SERVICE 287302656036 11.27 41704 02/21/2025 FINANCE UB - Water AT&T 01/25 FIRSTNET SERVICE 287302656036 22.54 41704 02/21/2025 FINANCE WWTP AT&T 01/25 FIRSTNET SERVICE 287302656036 50.13 41704 02/21/2025 FINANCE City Manager AT&T 01/25 FIRSTNET SERVICE 287302656036 140.50 41704 02/21/2025 FINANCE PD Operations AT&T 01/25 FIRSTNET SERVICE 287302656036 7,078.81 41705 02/21/2025 PD OPERATIONS PD Operations CA DEPARTMENT OF JUSTICE MISCELLANEOUS SERVICES 1,876.98 41706 02/21/2025 FINANCE Building DEPARTMENT OF CONSERVATION 1ST QTR 24/25 SMIP FEE REPORTING (169.30) 41706 02/21/2025 FINANCE Building DEPARTMENT OF CONSERVATION 2ND QTR 24/25 SMIP FEE REPORTING (166.61) 41706 02/21/2025 FINANCE General Fund DEPARTMENT OF CONSERVATION 1ST QTR 24/25 SMIP FEE REPORTING 3,386.07 41706 02/21/2025 FINANCE General Fund DEPARTMENT OF CONSERVATION 2ND QTR 24/25 SMIP FEE REPORTING 3,332.19 41707 02/21/2025 PD OPERATIONS PD Operations COMMUNITY MEDICAL CENTER LEGAL BLOOD DRAWS - 11/24 175.00 41708 02/21/2025 HR/RISK MGT HR/RISK MGT OCCUPATIONAL HEALTH CENTERS OF CALIFORNIA, A MEDIC PRE-EMPLOYMENT SERVICES 1,073.00 41709 02/21/2025 PD OPERATIONS PD Operations CEDERQUIST, BRENT PER DIEM - SLI SESSION #2 322.50 41710 02/21/2025 PD OPERATIONS Code Enforcement CORELOGIC INFORMATION SOLUTIONS INC REALQUEST SERVICES 01/25 87.50 41710 02/21/2025 PD OPERATIONS UB - Garbage CORELOGIC INFORMATION SOLUTIONS INC REALQUEST SERVICES 01/25 21.88 41710 02/21/2025 PD OPERATIONS UB - Sewer CORELOGIC INFORMATION SOLUTIONS INC REALQUEST SERVICES 01/25 21.88 41710 02/21/2025 PD OPERATIONS UB - Water CORELOGIC INFORMATION SOLUTIONS INC REALQUEST SERVICES 01/25 43.74 41711 02/21/2025 PW ADMIN COMPUTER MAINT DIAMOND COMMUNICATIONS SECURITY ALARM MONITORING - PW 32.50 41711 02/21/2025 PW ADMIN Facilities Maintenance DIAMOND COMMUNICATIONS SECURITY ALARM MONITORING - PW 73.12 41711 02/21/2025 PW ADMIN Fleet Maintenance DIAMOND COMMUNICATIONS SECURITY ALARM MONITORING - PW 47.50 41711 02/21/2025 PW ADMIN Parks DIAMOND COMMUNICATIONS SECURITY ALARM MONITORING - PW 32.50 41711 02/21/2025 PW ADMIN STREETS DIAMOND COMMUNICATIONS SECURITY ALARM MONITORING - PW 73.12 41711 02/21/2025 PW ADMIN Sewer Mtnc/Operations DIAMOND COMMUNICATIONS SECURITY ALARM MONITORING - PW 73.13 41711 02/21/2025 PW ADMIN Water Mtnc/Operations DIAMOND COMMUNICATIONS SECURITY ALARM MONITORING - PW 73.13 41712 02/21/2025 PD OPERATIONS MEAS K - PD FRESNO CITY COLLEGE REGISTRATION FEES - POLICE ACADEMY 820.00 41713 02/21/2025 GRANTS INTERMODAL BLDG GUARDIAN WESTERN SWEEPING INC. POWER SWEEPING 02/25 434.50 41713 02/21/2025 GRANTS Parking Dist Operation GUARDIAN WESTERN SWEEPING INC. POWER SWEEPING 02/25 434.50 41714 02/21/2025 PD OPERATIONS General Fund INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICEMEMBERSHIP DUES 2025 220.00 41714 02/21/2025 PD OPERATIONS PD Operations INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICEMEMBERSHIP DUES 2025 220.00 41715 02/21/2025 PD OPERATIONS PD Operations J'S COMMUNICATIONS PROCESS FCC LICENSING 885.00 41716 02/21/2025 FACILITIES Facilities Maintenance JAM SERVICES INC SOLAR RRFB CROSSWALK SYSTEM 8,660.00 41717 02/21/2025 PD OPERATIONS PD Operations LANGUAGE LINE SERVICES, INC. INTERPRETATION SERVICES 1,487.98 41718 02/21/2025 FINANCE WATER CONSERV CITY OF MADERA RAIN BARREL REBATE - 9913461 31.95 41718 02/21/2025 FINANCE WATER CONSERV CITY OF MADERA DISHWASHER REBATE - 9914111 200.00 41718 02/21/2025 FINANCE WATER CONSERV CITY OF MADERA DISHWASHER REBATE - 10000348 200.00 41719 02/21/2025 FINANCE Airport Oper Fund CITY OF MADERA HANGER REFUND - #44 150.00 41720 02/21/2025 FINANCE Airport Oper Fund CITY OF MADERA HANGER REFUND - #49 200.00 41721 02/21/2025 FINANCE Airport Oper Fund CITY OF MADERA HANGER REFUND - #8 50.00 41722 02/21/2025 FINANCE General Trust Fund MADERA COUNTY MPD ASSET FORFEITURE - 2M-07886 1,483.25 41722 02/21/2025 PD OPERATIONS Animal Control MADERA COUNTY ANIMAL SERVICES FY 24/25 150,000.00 41723 02/21/2025 ENGINEERING Sewer Capital Outlay MADERA COUNTY DEBRIS REMOVAL 47,181.43 41724 02/21/2025 FINANCE General Trust Fund MADERA COUNTY DISTRICT ATTORNEY MPD ASSET FORFEITURE - 24M-07886 1,245.02 41725 02/21/2025 FINANCE General Trust Fund MADERA POLICE DEPARTMENT MPD ASSET FORFEITURE - 24M-07886 4,017.15 41726 02/21/2025 FLEET ACQUISITION Fleet Acquisition MUNICIPAL MAINTENANCE EQUIP., INC. #7012 BOOM MOWER 71,221.54 41727 02/21/2025 PARKS ADMINISTRATION Golf Course Capital SIERRA GOLF MANAGEMENT CAPITAL IMPROVEMENTS FY 24/25 11,180.00

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 41728 02/21/2025 WWTP WWTP SPARKLETTS WWTP - LAB & DRINKING WATER 386.47 41729 02/21/2025 WWTP Sewer Capital Outlay STANTEC CONSULTING SERVICES INC. PROFESSIONAL ENGINEERING SVS 6,997.50 41730 02/21/2025 FINANCE Water Fund AR REFUNDS HANGER DEPOSIT REFUND - #41 1,700.00 41731 02/21/2025 FINANCE Water Fund AR REFUNDS HANGER DEPOSIT REFUND - #26 1,700.00 41731 02/21/2025 FINANCE Water Utility AR REFUNDS HANGER DEPOSIT REFUND - #26 (70.59) 41732 02/21/2025 FINANCE Airport Oper Fund AR REFUNDS HANGER DEPOSIT REFUND - #11 160.00 41733 02/21/2025 FINANCE Water Fund AR REFUNDS HANGER DEPOSIT REFUND - #21 1,700.00 41734 02/21/2025 FINANCE Airport Oper Fund AR REFUNDS HANGER DEPOSIT REFUND - #25 150.00 41735 02/21/2025 FINANCE Water Fund AR REFUNDS HANGER DEPOSIT REFUND - #40 1,700.00 41735 02/21/2025 FINANCE Water Utility AR REFUNDS HANGER DEPOSIT REFUND - #40 (262.28) 41736 02/21/2025 UB - WATER Water Fund OTP- UB REFUNDS UB 9905794 2605 WESTGATE 342.05 41737 02/21/2025 UB - WATER Water Fund OTP- UB REFUNDS UB 9922878 1017 SAN RAMON 105.18 41738 02/21/2025 UB - WATER Water Fund OTP- UB REFUNDS UB 10000999 866 GUNNISON 72.87 41739 02/21/2025 UB - WATER Water Fund OTP- UB REFUNDS UB 9917249 1045 E KENNEDY 185.82 41740 02/21/2025 UB - WATER Water Fund OTP- UB REFUNDS UB 9926120 128 WALLACE 173.49 41741 02/21/2025 UB - WATER Water Fund OTP- UB REFUNDS UB 9919531 577 BARBERA 261.43 41742 02/21/2025 UB - WATER Water Fund OTP- UB REFUNDS UB 9900265 1063 NAVAL 125.00 41743 02/21/2025 UB - WATER Water Fund OTP- UB REFUNDS UB 9919132 3709 LOS OSOS 293.50 41744 02/21/2025 UB - WATER Water Fund OTP- UB REFUNDS UB 9897020 2156 STARFISH 243.58 41745 02/21/2025 UB - WATER Water Fund OTP- UB REFUNDS UB 9915728 1396 TOLEDO 253.66 41746 02/21/2025 UB - WATER Water Fund OTP- UB REFUNDS UB 9922373 1295 CRYSTAL 337.72 41747 02/21/2025 UB - WATER Water Fund OTP- UB REFUNDS UB 9921013 605 EL MONTE 98.82 41748 02/21/2025 UB - WATER Water Fund OTP- UB REFUNDS UB 10000802 346 BO TREE 93.13 41749 02/21/2025 UB - WATER Water Fund OTP- UB REFUNDS UB 9893401 820 COLUMBIA 276.55 41750 02/21/2025 UB - WATER Water Fund OTP- UB REFUNDS UB 9919178 1308 ALICANTE 203.76 41751 02/21/2025 UB - WATER Water Fund OTP- UB REFUNDS UB 9922283 3120 GLENVILLE 275.33 41752 02/21/2025 UB - WATER Water Fund OTP- UB REFUNDS UB 1214002 729 S D 178.00 41753 02/21/2025 UB - WATER Water Fund OTP- UB REFUNDS UB 9921771 168 S GRANADA 213.43 41754 02/21/2025 UB - WATER Water Fund OTP- UB REFUNDS UB 9920884 1001 RIVERVIEW 260.15 41755 02/21/2025 UB - WATER Water Fund OTP- UB REFUNDS UB 9904108 167 SANTA LUCIA 294.67 41756 02/21/2025 UB - WATER Water Fund OTP- UB REFUNDS UB 9924684 701 E RIVERSIDE 272.17 647 02/10/2025 FINANCE PAYROLL TRUST NAVIA BENEFIT SOLUTIONS INC SECTION 125 PLAN YEAR FEE & PARTICIPANT FEE 402.00 648 02/11/2025 FINANCE PAYROLL TRUST NAVIA BENEFIT SOLUTIONS INC FSA SECTION 125 DISBURSEMENT 02/11/25 2,737.91 649 02/12/2025 FINANCE PAYROLL TRUST NAVIA BENEFIT SOLUTIONS INC FSA SECTION 125 DISBURSEMENT 02/12/25 1,235.50 BANK #1 - US BANK GENERAL ACCOUNT TOTAL $ 1,220,119.07

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: March 5, 2025
Agenda Number: ___________
________________________________
Joseph Hebert, Parks & Community Services Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Madera Evening Lions Club Fee Waiver Request for the Running with Lions Stride for Diabetes 5K Run/Walk Event
RECOMMENDATION:

Adopt a Resolution waiving the rental fees of the Lions Town & Country Park on April 12, 2025, related to the Running with Lions Stride for Diabetes 5K Run/Walk event hosted by the Madera Evening Lions Club, at an anticipated fee rental of $495 SUMMARY:

The City has received a request from the Madera Evening Lions Club seeking a waiver of rental fees for the use of the Lions Town & Country Park (LT&C) to host the Running with Lions Stride for Diabetes 5K Run/Walk event. The event is scheduled for Saturday, April 12, 2025, from 6:00 a.m. to 12:00 p.m.

DISCUSSION:

The Madera Evening Lions Club has submitted a formal request to use LT&C, specifically for the 4th annual Running with Lions Stride for Diabetes 5K Run/Walk event. The event is scheduled for Saturday, April 12, 2025.

The Madera Evening Lions Club is a local community organization dedicated to providing leadership, experience, and opportunities to the youth of Madera. The Madera Evening Lions Club consists of members passionate about serving the community of Madera. Over the past several years, the Lions Strides for Diabetes 5K Run/Walk event has become one of their more prominent events, raising awareness and providing the community with information in a fun and engaging way.

B-3
Although the event is scheduled from 8:00 a.m. to 12:00 p.m., the group estimates the set up to begin at 6:00 a.m. and for the event clean up to occur by 12:00 p.m., with the time accounted for in the reservation request.

FINANCIAL IMPACT:

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

Table 1: Estimated Financial Impact Without Fee Waiver
Administrative Fee $25
Deposit $100
Special Event Fee $100
Rental of Amphitheater and Track $270
Total $495
The total applicable cost for the LT&C rental would be $495.

ALTERNATIVES:

The Council may elect to reject the fee waiver and require the Madera Evening Lions Club to remit any associated fees if they wish to rent LT&C for the Running with Lions Stride for Diabetes 5K Run/Walk event.

ATTACHMENTS:

1. Resolution – Waiving the rental fees of the Lions Town & Country Park on April 12, 2025, related to the Running with Lions Stride for Diabetes 5K Run/Walk event hosted by the Madera Evening Lions Club, at an anticipated fee rental of $495 ATTACHMENT 1
Resolution – Waiving the rental fees of the Lions Town & Country Park on April 12, 2025, related to the Running with Lions Stride for Diabetes 5K Run/Walk event hosted by the Madera Evening Lions Club, at an anticipated fee rental of $495 RESOLUTION NO. 25-______

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

CALIFORNIA WAIVING THE RENTAL FEES OF THE LIONS TOWN &
COUNTRY PARK ON APRIL 12, 2025, RELATED TO THE RUNNING WITH LIONS STRIDE FOR DIABETES 5K RUN/WALK EVENT HOSTED BY THE MADERA EVENING LIONS CLUB, AT AN ANTICIPATED FEE RENTAL OF $495 WHEREAS, the City has received a request for waiving of fees for the rental of the Lions Town & Country Park (LT&C); and
WHEREAS, the request is from the Madera Evening Lions Club; and WHEREAS, the Madera Evening Lions Club is looking to host the Running with Lions Stride for Diabetes 5K Run/Walk event; and
WHEREAS, the request is for rental utilization on Saturday, April 12, 2025, from 6:00 am – 12:00 pm, including setup and cleanup time; and
WHEREAS, the estimated fees for the request are calculated based on the City of Madera Master Fee Schedule; and
WHEREAS, the fees for the event are calculated at $495; and WHEREAS, the Madera Evening Lions Club organization is still subject to providing insurance documentation for City facility rentals that meetƐ City requirements.

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

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

2. The Council finds that the waiver of fees as set forth in this resolution serves a valid public purpose in that the Madera Evening Lions Club is a non-profit organization, dedicated to providing leadership, experience, and opportunities to the youth of Madera. The Running with Lions Stride for Diabetes 5K Run/Walk event promotes diabetes awareness in the community.

3. The City Council does hereby waive the City fees for Rental Fees of the Lions Town & Country Park on the date and time identified, subject to confirmation of insurance.

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

Fresno Tzu Chi Mobile Clinic Fee Waiver Request for the “Our Migrant Families Dental Care” Event RECOMMENDATION:

Adopt a Resolution waiving the rental fees of the John Wells Youth Center on March 16, 2025, related to the “Our Migrant Families Dental Care” event hosted by the Fresno Tzu Chi Mobile Clinic, at an anticipated fee rental of $500
SUMMARY:

The City received a request from the Fresno Tzu Chi Mobile Clinic seeking a waiver of rental fees for the use of the John Wells Youth Center (JWYC) to host the “Our Migrant Families Dental Care” event. The event is scheduled for Sunday, March 16, 2025, from 9:00 a.m. to 3:00 p.m.

DISCUSSION:

The Fresno Tzu Chi Mobile Clinic has submitted a formal request to use the JWYC, specifically the parking lot and lobby area. The Fresno Tzu Chi Mobile Clinic organization is planning the Our Migrant Families Dental Care event. The event is scheduled for Sunday, March 16, 2025.

The Fresno Tzu Chi Mobile Clinic provides free, patient-focused healthcare services to underserved communities in Fresno and surrounding cities and towns. To better serve patients and reach further into communities, the Tzu Chi Mobile Clinic is well-equipped with the supplies and tools required to provide quality medical, dental, and vision services.

This event would focus on dental care. The planned services include dental cleaning, filling, and extraction. The services would be provided by a mobile clinic set up in the parking lot area, with B-4
attendees using the JWYC lobby area to check in and as the waiting area. Patients would not be seen in the JWYC, rather it will be used as a patient waiting area and the restroom.

Although the event is scheduled from 9:00 a.m. to 3:00 p.m., the group estimates the set up to begin at 8:00 a.m. and for the event clean up to occur through 4:30 p.m., with the time accounted for in the reservation request.

FINANCIAL IMPACT:

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

Table 1: Estimated Financial Impact Without Fee Waiver
Administrative Fee $25
Deposit $200
Special Event Fee $250
Rental of Tables & Chairs $25
Total $500
The total applicable cost for the JWYC rental would be $500.

ALTERNATIVES:

The Council may elect to reject the fee waiver and require the Fresno Tzu Chi Mobile Clinic to remit any associated fees if they wish to rent JWYC for the “Our Migrant Families Dental Care” event.

ATTACHMENTS:

1. Resolution – Waiving the rental fees of the John Wells Youth Center on March 16, 2025, related to the “Our Migrant Families Dental Care” event hosted by the Fresno Tzu Chi Mobile Clinic, at an anticipated fee rental of $500
ATTACHMENT 1
Resolution – Waiving the rental fees of the John Wells Youth Center on March 16, 2025, related to the “Our Migrant Families Dental Care” event hosted by the Fresno Tzu Chi Mobile Clinic, at an anticipated fee rental of $500
RESOLUTION NO. 25-______

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

CALIFORNIA WAIVING THE RENTAL FEES OF THE JOHN WELLS YOUTH CENTER ON MARCH 16, 2025, RELATED TO THE “OUR MIGRANT FAMILIES DENTAL CARE” EVENT HOSTED BY THE FRESNO TZU CHI MOBILE CLINIC, AT AN ANTICIPATED FEE RENTAL OF $500
WHEREAS, the City has received a request for waiving of fees for the rental of the John Wells Youth Center (JWYC); and
WHEREAS, the request is from the Fresno Tzu Chi Mobile Clinic; and WHEREAS, the Fresno Tzu Chi Mobile Clinic are looking to host the “Our Migrant Families Dental Care” event; and
WHEREAS, the request is for rental utilization on Sunday, March 16, 2025, from 8:00 am – 4:30 pm, including setup and cleanup time; and
WHEREAS, the estimated fees for the request are calculated based on the City of Madera Master Fee Schedule; and
WHEREAS, the fees for the event are calculated at $500; and WHEREAS, the Fresno Tzu Chi Mobile Clinic organization is still subject to providing insurance documentation for City facility rentals that meet City requirements.

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

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

2. The Council finds that the waiver of fees as set forth in this resolution serves a valid public purpose in that the Fresno Tzu Chi Mobile Clinic is a non-profit organization, that provides free, patient-focused healthcare services to underserved communities, thus offering a valuable service to residents of Madera.

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

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

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

Adopt a Resolution Approving an Agreement with the California Conservation Corps for the Performance of Fire Crews in the Fresno River for Fuel Reduction, Project Number P-24-2652- 14761
SUMMARY:

Since November 2024, the Council has approved three separate agreements with the California Conservation Corps (CCC). The first agreement, approved on November 20, 2024, was for river cleanup efforts in the Fresno River. On December 4, 2024, the Council approved two additional agreements for citywide tree trimming and landscape maintenance services.

The CCC has requested a fourth agreement to support potential fire crews supporting fuel reduction efforts in the Fresno River. This agreement would enhance wildfire prevention by reducing vegetation and other fire hazards in the area.

DISCUSSION:

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

The CCC program provides young adults 18 – 25 years old a year of paid service to the State of California. During their year of service, Corpsmembers work on environmental projects and B-5
respond to natural and man-made disasters. Through this work, they gain skills and experience that may lead to meaningful careers.

Locally, the CCC oversees programsthat include Resource, Forestry, Energy, and Fire. The funding for each of these programs is specific. CCC must have a separate project for each program and crew type so that we can responsibly account for the funds expended.

This specific agreement would allow the CCC Fresno Fire Crew to participate. This provides the benefit of additional hands for the work of fuel reduction in the FreƐno River. It also benefits the project by bringing fire-trained personnel with their greater knowledge and experience in fuel reduction. Specifically, the agreement would allow experienced crews to complete work such as:
 Fuel reduction efforts along the flat sides of the Fresno River  Fuel reduction through cutting and removal of green waste  Fuel reduction through removal of trash within 100 feet of bridges  Fuel reduction through tree trimming and limbing where appropriate As with the previously approved agreements with the CCC for river cleanup, tree trimming and landscape maintenance services, the City’s financial obligations under these agreements would be limited to material costs and minimal labor expenses, if needed. This partnership continues to align with the City’s goals for fiscal responsibility and enhanced service delivery.

FINANCIAL IMPACT:

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

ALTERNATIVES:

As an alternative, the Council may also elect to request additional information be brought forth at the next meeting to make a more informed decision. The Council may also elect to not enter into the Sponsor Agreement with the CCC that would allow fire crews to assist with fuel reduction efforts in the Fresno River.

ATTACHMENTS:

1. Adopt a Resolution Approving an Agreement with the California Conservation Corps for the Performance of Fire Crews in the Fresno River for Fuel Reduction, Project Number P24-2652-14761 a. Exhibit A: Project Number P-24-2652-14761 Sponsor Agreement RESOLUTION NO. 25- ______

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

CALIFORNIA APPROVING AN AGREEMENT WITH THE CALIFORNIA

CONSERVATION CORPS FOR THE PERFORMANCE OF FIRE CREWS IN THE FRESNO RIVER FOR FUEL REDUCTION, PROJECT NUMBER P-24-2652- 14761
WHEREAS, the City of Madera (City) has been requested to enter into a Sponsor Agreement with the California Conservation Corps (CCC); and WHEREAS, the CCC is the oldest and largest conservation corps in the country and develops thousands of young men and women into citizens with character, credentials, and commitment; and
WHEREAS, the City needs servicesto assist with fuel reduction efforts in the Fresno River; and
WHEREAS, the CCC offers services on work projects to public agencies such as the City; and
WHEREAS, the City and CCC wish to collaborate on a mutually beneficial citywide tree trimming project through June 30, 2025.

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

1. The above recitals are true and correct.

2. The City Council approvesthe Sponsor Agreement for Project Number P-24-2652- 14761 between the City and California Conservation Corps attached as Exhibit A.

3. This resolution is effective immediately upon adoption. * * * * *
Exhibit A: Project Number P-24-2652-14761 Sponsor Agreement

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: March 5, 2025
Agenda Number:

Michael Lima, Director of Financial Services
Arnoldo Rodriguez, City Manager
SUBJECT:

Approval of Change Orders to Fleet Rollup Door Replacement and Associated Budget Amendment.

RECOMMENDATION:

Adopt a resolution approving change orders under the contract to DL Batty, Inc., for the Removal and Replacement of Fleet Rollup Doors in the amount of $6,069, and authorizing a budget amendment for the same.

SUMMARY:

The existing roll-up doors at the Fleet Maintenance building have reached the end of their useful life. As part of the Fiscal Year (FY) 2023/24 budget, Council approved an appropriation of $165,000 in the Fleet Services Division budget to replace the 11 roll-up doors. As work has progressed on the replacement of the doors, two unanticipated tasks have arisen which need to be addressed. One is to raise the internal clearance of one of the doors for increased functionality, and the other to shorten the door track to avoid interference with the vehicle lift.

To address these items, change orders to the original contract totaling $6,069 are recommended for approval.

DISCUSSION:

The Fleet Services Division operates with multiple roll-up doors that are original to the construction of the Fleet Maintenance building. These doors are subjected to continuous cycling up and down throughout the day as vehicles are brought into and out of the shop for service.

Due to their age, the doors have become worn and require frequent repairs, often resulting in the loss of a maintenance bay until they can be fixed.

Recognizing the need to address this issue, Council appropriated $165,000 in the FY 2023/24 Adopted Budget to fund the replacement of all 11 roll up doors at the Fleet Maintenance building.

B-6
After staff conducted a procurement process, Council approved IFB 202324-21 to D L Batty in the amount of $162,192 on June 5, 2024. During installation of the Transmission room and south bay rollup doors, both the contractor and City staff noticed two adjustments were needed to make the doors more functional. First, the internal clearance of the door when open is very low. In order to address this clearance issue, staff is recommending raising the doors’ internal height to give more clearance for a forklift inside the building. Increasing the height will prevent damage to the door in the future and leave more clearance for equipment and other items. The second change is to shorten the tracks on an additional rollup door to avoid interference with the vehicle lift when fully raised. Currently, the lift cannot be raised to its full height without damaging the rollup door rail mounting.

As both of these changes are outside the scope of the initial contract, change orders are needed to authorize this work. DL Batty has provided an estimate of $4,833 to increase the doors’ internal clearance and $1,236 to shorten the track. In total, the change orders will cost $6,069.

While the original contract amount of $162,192 is encumbered in the Fleet Services Division’s FY 2024/25 budget, the total amount of the change orders is not budgeted. Thus, Fleet is requesting approval of a budget amendment that will increase the division’s appropriations by $6,069 to cover the cost of the change orders. The Fleet Maintenance Fund has sufficient fund balance to finance this budget amendment.

FINANCIAL IMPACT:

The recommended actions will reduce the Fleet Maintenance Fund’s fund balance by $6,069.

ALTERNATIVES:

An alternative would be to reject the change orders. Rejecting the change orders will reduce the functionality of the two doors.

ATTACHMENTS:

1. Resolution approving change orders under the contract to DL Batty, Inc. for the Removal and Replacement of Fleet Rollup Doors in the amount of $6,069, and authorizing a budget amendment for the same.
a. Exhibit 1 – Budget Amendment

2. Change Order 1 For IFB202324-21 Remove Replace Doors

3. Change Order 2 For IFB202324-21 Remove Replace Doors ATTACHMENT 1
RESOLUTION NO. _______
RESOLUTION APPROVING CHANGE ORDERS UNDER THE CONTRACT TO DL BATTY, INC.

FOR THE REMOVAL AND REPLACEMENT OF FLEET ROLLUP DOORS IN THE AMOUNT OF $6,069, AND AUTHORIZING A BUDGET AMENDMENT FOR THE SAME WHEREAS, the City of Madera released an Invitation for Bids (IFB) No. 202324-21 on April 23, 2024 for the removal and replacement of eleven Fleet roll-up doors; and WHEREAS, one bid was received as of May 3, 2024, by DL Batty, Inc. for $162,191.80; and WHEREAS, Council awarded a Construction Agreement with DL Batty, Inc. for the completion of the project on June 5, 2024; and
WHEREAS, Fleet Services is requesting a change order in the amount of $4,833 to raise the transmission room door; and
WHEREAS, Fleet Services is requesting a change in order in the amount of $1,236 to shorten the rollup door track; and
WHEREAS, the Fleet Division needs a budget amendment of $6,069 to pay for the change orders.

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

1. The above recitals are true and correct.

2. The Council approves change orders in the amount of $4,833 to raise the transmission room door, and $1,236 to shorten the rollup door track, to D L Batty, Inc. for contract IFB 202324-24 Removal and Replace Fleet Rollup Doors.

3. The budget amendment for $6,069 is approved as set forth in Exhibit 1. The Director of Financial Services is directed to adjust the City’s Fiscal Year 2024/25 Amended Budget in the amount of the approved amendment.

4. This Resolution shall take effect immediately upon its adoption. * * *
EXHIBIT 1
CITY OF MADERA FISCAL YEAR 2024/25 BUDGET AMENDMENT

FOR FLEET SERVICES ROLLUP DOOR CHANGE ORDER

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

FLEET FUND
3070 30701240 4900 Budgetary Carryover 6,069
3070 30701240 7000
Vehicles &
Equipment 6,069
TOTALS 6,069 6,069
ATTACHMENT 2
ATTACHMENT 3

REPORT TO CITY COUNCIL
Council Meeting of: March 5, 2025
Agenda Number:

SUBJECT:

Purchasing Procedures Ordinance Amendment
RECOMMENDATION:

Waive the Second Reading and by Title Only Adopt an Ordinance of the City of Madera Repealing and Replacing Chapter 4 of Title II of the Madera Municipal Code Relating to Purchasing Procedures and Including Raising Purchasing Thresholds.

SUMMARY:

The City's procurement practices are governed by both the Purchasing Policy and Title II, Chapter 4 of the Madera Municipal Code (MMC). Additionally, the City Council approved adopting the California Uniform Public Construction Cost Accounting Act (CUPCCAA) bidding standards for public works projects in December 2022. On January 1, 2025, Assembly Bill 2192 (AB 2192) went into effect, which increased the bidding threshold levels for CUPCCAA-governed bids. In response to these changes, staff is recommending that the bidding thresholds listed in the Purchasing Policy and the MMC are changed to match those in CUPCCAA.

The ordinance related to the MMC changes was first introduced at the February 19, 2025 City Council Meeting. This agenda item represents the second reading of the MMC changes and adoption the ordinance. At the same City Council meeting where the Ordinance was introduced, Council approved a resolution modifying the Purchasing Policy contingent upon final adoption of the ordinance.

DISCUSSION:

The City’s procurement practices are governed by Ordinance No. 996 C.S. as codified in Title II, Chapter 4 of the MMC. This chapter of the MMC establishes various dollarthresholdsthat dictate the procurement processes for the City. These thresholds determine when formal bidding is required, when informal quotes are sufficient, and when staff can make purchases without competitive bids. The MMC’s procurement requirements are supplemented by the City’s Purchasing Policy, which goes into more depth than the MMC on procurement regulations. The Approved by:

Michael Lima, Finance Director
Arnoldo Rodriguez, City Manager
B-7
Purchasing chapter of the MMC and the Purchasing Policy were approved by Council on December 21, 2022, and August 21, 2024, respectively.

As part of the adoption of Ordinance 996 C.S., the City also adopted CUPCCAA standards for public works projects. CUPCCAA standards were generally higher than those for other City purchases. Given the large dollar amounts typical for public works projects, utilizing CUPCCAA standards reduced the purchasing efforts for staff in bidding out certain capital projects.

Governor Gavin Newsom signed into law AB 2192 on September 29, 2024. This new law made several changes to CUPCCAA requirements. In short, the new law raised the bidding thresholds and broadened the definition of a “public project” to include installations involving any publicly owned, leased, or operated facility. Additionally, AB 2192 enhanced the powers of the California Uniform Construction Cost Accounting Commission (Commission) by requiring the Commission to review the accounting procedures of any participating public agency where an interested party presents evidence that the work undertaken by the public agency has been split or separated into smaller work orders or projects, as specified, and would make conforming changes, as well as review noncompliance with bidding procedures for the publication or posting and electronic transmission of notice inviting formal bids. These changes went into effect on January 1, 2025.

In order to maintain consistency with the CUPCCAA requirements as amended by AB 2192, staff is recommending that the MMC be updated. The following is a summary of the proposed revisions:

Purchasing Amount Authority and Signature
The proposed amendment would increase the City Manager’s purchasing authority for contracts for the purchase of goods and services from less than $60,000 to less than $75,000 per project per fiscal year unless the Council expressly reserves approval on a particular purchase/contract or the City Manager requests Council approval. This increase will continue to apply to contracts not measured monetarily, but which are reasonably estimated to be within the purchasing authority of the City Manager, such asthe waiver of indemnification and insurance. Contractsfor $75,000 or more would continue to be submitted to the Council for consideration.

Basic Procedures
The proposed amendment includes increased thresholds and procedures for purchasing nonpublic works project materials, supplies, equipment, and services to ensure the City pays fair prices and receives commensurate value. In short:
 Leaves to department discretion for purchases less than $6,000  Requires price quotes and issuance of a purchase orderfor purchases between $6,000 and less than $15,000
 Requires written specifications and price quotes from a minimum of 3 vendors (if available) as well as the issuance of a purchase order for purchases between $15,000 and less than $75,000
 Requires more rigorous bidding procedures and the issuance of a purchase order for contracts of $75,000 or higher, such as a request for proposal (RFP), invitation for bids (IFB), or request for qualifications (RFQ).

A comparison of current limits and proposed limits is provided in Table 1.

Table 1: Summary of Proposed Changes to Purchasing Limits and Procedures Current Limit Proposed Limit Proposed Purchasing Requirement Less than $6,000 Less than $6,000 No Purchase Order required $6,000 – $15,000 $6,000 – $15,000 Purchase Order required with 3 informal quotes; lowest quote in writing from the vendor
$15,000 - $60,000 $15,000.01 - $75,000 Purchase required with written specifications and at least 3 quotes in writing
$60,000 or more $75,000.01 or more
Written price quotesfrom 3 vendorsthrough the bidding
process or RFP/RFQ. Requires City Council action.

California Uniform Public Construction Cost Accounting Act Revisions Under existing law, CUPCCAA provides for the development of cost accounting standards and an alternative method for the bidding of public works projects by public entities. It defines “public project” to include, among other things, construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated facility.

AB 2192 modified the definition of “public project” to additionally include installations involving any publicly owned, leased, or operated facility.

AB 2192 increases the various bid thresholds that were codified in the existing CUPCCAA statue.

Specifically, AB 2192 authorized public projects of $75,000 or less to be performed by the employees of a public agency by force account, by negotiated contract, or by purchase order, authorizes public projects of $220,000 or less to be let to contract by informal procedures, and requires public projects of more than $220,000 to be let to contract by formal bidding procedures. The new law also permits the governing body of a public agency, in the event all bids received for the performance of that public project are in excess of $220,000, to award the contract at $235,000 or less to the lowest responsible bidder if it determines the cost estimate of the public agency was reasonable. A comparison of the CUPCCAA’s initial bid thresholds and revised bid thresholds is provided in Table 2.

Table 2: Summary of Proposed Changes to CUPCCAA Purchasing Limits and Procedures Initial Limit Proposed Limit Proposed Purchase Procedure Less than $60,000 Less than $75,000 Performed by the employees of a public agency by force account, by negotiated contract, or by purchase order
$60,000 – $200,000 $75,000 – $220,000 Informal bidding procedures Over $200,000 Over $220,000 Formal bidding procedures
Revisions to CUPCCAA also included broader definition of a public work under CUPCCAA as well as increased thresholds and bidding procedures.

A “public project” was initially defined as:

1. A project for the erection, improvement, painting, or repair of public buildings and works

2. Work in or aboutstreams, bays, waterfronts, embankments, or other work for protection against overflow

3. Street or sewer work except for maintenance or repair, or

4. Furnishing supplies or materials for any such project, including maintenance or repair of streets or sewers (PCC Section 20161)
The definition of a “public project” has been amended to include, “Installations involving any publicly owned, leased, or operated facility.”
FINANCIAL IMPACT:

There is minor financial benefit anticipated from these proposed changes coming from a reduction in the time needed to conduct and manage a procurement.

ALTERNATIVES:

Council could direct staff to modify the ordinance further or to forego modifications. Council could also reject the resolution to amend the MMC, thus continuing with the current policy.

Doing so would cause a discrepancy between the CUPCCAA-governed bid limits and those in the MMC.

ATTACHMENTS:

1. Ordinance
ATTACHMENT 1

ORDINANCE
ORDINANCE NO.

AN ORDINANCE OF THE CITY OF MADERA REPEALING AND REPLACING CHAPTER 4 OF TITLE II OF THE MUNICIPAL CODE RELATING TO

PURCHASING PROCEDURES AND INCLUDING RAISING PURCHASING

THRESHOLDS
THE CITY COUNCIL OF THE CITY OF MADERA DOES ORDAIN AS FOLLOWS:

SECTION 1. Chapter 4 (Purchasing Procedures) of Title II (Administration) ofthe Madera Municipal Code is repealed in its entirety and added to read in its entirety as follows:

CHAPTER 4: PURCHASING PROCEDURES
Sections:
2-4.01 Purpose and Implementation
2-4.04 Expenditure Authority
2-4.03 Designation of and Responsibility of Purchasing Agent 2-4.04 Purchasing Amount Authority and Signature
2-4.05 Purchases and Contractsthat are Not Public Projects 2-4.06 Uniform Public Construction Cost Accounting Act Public Project Procedures 2-4.07 Exceptions: Cooperative Purchasing Agreements and Piggyback Purchases. 2-4.08 Sole Source Purchases
2-4.09 Prevailing Wages and Public Works Projects
2-4.10 Requestsfor Proposals and Requestsfor Qualifications 2-4.11 Conflict of Interest
2-4.01 PURPOSE AND IMPLEMENTATION.
(A) Title. This chapter shall be known as the City of Madera Purchasing Ordinance (“Purchasing Ordinance”). The purpose of this Purchasing Ordinance is to establish efficient procedures for the purchase ofsupplies, equipment, and services at the lowest possible cost commensurate with quality needed, to exercise positive financial control over purchases, to define purchasing authority, and to assure the quality of purchases. (B) Compliance with Laws. The adoption of this Purchasing Ordinance is intended to meet the requirements of state law including but not limited to the following: (i) Government Code Sections 54201 to 54205 regarding the purchase of supplies and equipment; (ii) Public Contract Code Section 20160 to 20174 regarding city public works construction projects; (iii) Public Contracts Code Sections 22000 to 22045 regarding the Uniform Public Construction Cost Accounting Procedures; (iv) Government Code Section 4526 regarding professional services; (v) Labor Code requirements for prevailing wages; (vi) Government Code Section 4529.2 regarding architectural engineering services; and (vii) other applicable laws. (C) Superseding State and Federal Procurement Requirements. The procurement requirements under this Purchasing Ordinance shall be followed. However, in the event stricter requirements are required by state or federal funding sources, those requirements shall be met to ensure funding compliance and shall supersede the provisions of this chapter. (D) Administrative Purchasing Policy. The city’s purchasing functions shall be governed by this Purchasing Ordinance and by the city’s Administrative Purchasing Policy which shall be established by the Council as both as may be amended from time to time. The Administrative Purchasing Policy will serve to implement the provisions of the Purchasing Ordinance and will generally contain administrative requirements, responsibilities, and updated best practices to meet the city’s needs.
2-4.02 EXPENDITURE AUTHORITY.

Purchase and contract expenditures must be authorized in the city’s annual budget or pursuant to amendment to the annual budget approved by the council. 2-4.03 DESIGNATION AND RESPONSIBILITY OF PURCHASING AGENT.

The City of Madera Municipal Code section 2-2.203 (D) designates the Director of Finance of the city as the city Purchasing Agent with the responsibility to supervise and control the disbursement of all monies and the audit of all purchase orders and related invoices and payments. Subject to the direction of the Director of Finance, the duties of the Purchasing Agent may be performed by an authorized representative or be delegated to such city office or position as may be determined by the Director of Finance.

The Purchasing Agent shall have authority to:
(A) Purchase or contract for supplies, equipment and services required by city in accordance with purchasing procedures prescribed by this Purchasing Ordinance, the Administrative Purchasing Policy, and any requirement as shall be prescribed by state or federal funding agencies.
(B) Negotiate and recommend execution of contracts for the purchase of supplies, equipment, and services at least expense to the city. (C) Act to procure forthe city the needed quality in supplies, equipment, and services at least expense to the city.
(D) Discourage uniform bidding and endeavor to obtain as full and open competition as possible on purchases.
(E) Prepare and recommend to the councilrevisions and amendmentsto the Purchasing Ordinance.
(F) Prescribe and maintain the forms as are reasonably necessary to the operation of the Purchasing Ordinance and other laws.
(G) Supervise or delegate the inspection of allsupplies, equipment and services purchased to ensure conformance with specifications of the product or service. (H) Maintain a bidders’ list, vendors catalog file, pre-qualified vendor lists, and records needed for the efficient operation of the Purchasing System; and (I) Require that all employees verify and ensure purchases are made in accordance with the Purchasing Ordinance and with state or federal funding sources. 2-4.04 PURCHASING AMOUNT AUTHORITY AND SIGNATURE.
(A) City Manager. Purchases and contracts of less than $75,000 per project per fiscal year may be awarded and signed by the City Manager, after being approved as to form by the City Attorney and Purchasing Agent, unless the council expressly reserves approval on a particular purchase or contract, or the City Manager requests council approval. This also includes contracts not measured monetarily such as the waiver of indemnification and insurance. (B) Council. If the amount of any purchase or contract is $75,000 or more in a fiscal year, the contract is required be awarded by the council at its discretion and signed by the Mayor unless a resolution specific to the particular contract authorizes the City Manager or other designee to sign the contract.
2-4.05 PURCHASES AND CONTRACTS THAT ARE NOT “PUBLIC PROJECTS.” (A) Proceduresfor Specific Amounts. The procedures in this section shall be followed when purchasing or leasing materials, supplies, equipment, or services that are (i) not public projects as defined in Section 2-5.06 of this Code and (ii) not procured through Requests for Qualifications and Requests for Proposals.
(1) Less than $6,000 - All city employees authorized to purchase or lease materials, supplies, equipment, or services shall ensure that the city pays fair prices and receives commensurate value for amounts expended.
(2) $6,000 to less than $15,000 - Price quotes must be solicited, either verbally or in writing, from a minimum of three vendors, if available. The low-price quote must be confirmed in writing by the vendor.
(3) $15,000 to less than $75,000 - Written specifications describing the delivery schedule, materials, supplies, equipment, or services must be prepared by city. Price quotes must be solicited in writing from a minimum of three vendors, if available. (4) $75,000 or higher – The informal bidding requirements under Section 2-4.06 D(2) of this Code relating to public projects shall be followed except that for non-public projects, the city is not required to award to the lowest bidder. The city may award to the best qualified vendor. In determining “best qualified vendor” as used in Section 2-4.05 consideration is to be given to quality and performance of the goods and supplies, equipment or materials to be purchased or nonprofessional services to be provided by the vendor.

Criteria for determining best qualified vendor includes, but is not limited to, the following:
(a) The cost or best value of the goods and supplies, equipment, materials, or nonprofessional services;
(b) The ability, capacity, and skill of the vendor to perform the contract and to provide the goods and supplies, equipment, materials, or nonprofessional services requested; (c) The ability of vendor to provide the goods and supplies, equipment, materials, or nonprofessional services promptly or within the time specified and without delay; (d) The quality of vendor’s performance on previous purchases or contracts; and (e) The vendor’s responsiveness.
(B) Purchase Order or Written Contract Required. Purchases of supplies, equipment, and services of $6,000 or more shall be made only by written purchase order or by written contract.
(C) Emergency Purchases. In the case of an emergency regarding a non-public project as defined in Section 2-4.06, the Purchasing Agent may determine to proceed with the immediate purchase of goods, supplies, equipment, materials, or services. The term “emergency” means a sudden, unexpected occurrence that poses a clear and imminent danger requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential services. Such immediate purchase of goods, supplies, equipment, materials, or services still requires the standard terms and conditions for written purchase orders or written contracts.
(1) If the dollar amount is within the City Manager’s authority, the Purchasing Agent shall promptly file with the City Manager a signed declaration showing that emergency conditions existed and created the necessity for such action, together with an itemized account of all expenditures.
(2) If the dollar amount is above the City Manager’s authority, the Purchasing Agent shall at the next regular meeting of the council seek ratification of the purchase by resolution which includes the emergency conditions which existed and the immediate need to take action together with an itemized account of all expenditures. (D) Prohibition against piecemealing, splitting or separating purchases. It isimpermissible to split orseparate purchases of materials, supplies, equipment or servicesfor the purpose of evading the provisions of the procedures for specific amounts set forth above. 2-4.06 UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT PROCEDURES FOR PUBLIC PROJECTS.
(A) California Uniform Public Construction Cost Accounting Act Adopted. The council of the City of Madera, California hereby readopts the California Uniform Public Construction Cost Accounting Act (California Public Contract Code § 22000 et seq.) for the purpose of prescribing regulations governing contracts awarded by the city for public projects. However, nothing contained herein shall preclude the city from utilizing more restrictive procedures if, and when required by federal or state law, or when federal or state funds are involved in the contract to be awarded and the funding agency requires more restrictive procedures. (B) Definitions of Terms. As used in Section 2-4.06, the words, terms, and phrases shall have the following meanings, as defined in Public Contract Code Section 22002, unless otherwise apparent from the context:
(1) “Facility” means any plant, building, structure, ground facility, real property, street, highway, or other public work improvement.
(2) “Maintenance Work” does not constitute a “public project” under the definition of “public project” in subsection (B)(3) below; it does include the following:
(a) Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes. (b) Minor repainting.
(c) Resurfacing of streets and highways at less than one inch. (d) Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems. (e) Work performed to keep, operate, and maintain city-owned water and wastewater systems.
(3) “Public Project” means any of the following:
(a) Construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated facility. (b) Painting or repainting any publicly owned, leased, or operated facility. (c) Public Project does not include maintenance work, as defined above. (d) Furnishing supplies or materials for any such project, including maintenance or repair of streets or sewers.
(e) Installations involving any publicly owned, leased, or operated facility. (C) Dollar Amount of Public Project Determines Process to be Used. The dollar amount thresholds provided in this section shall automatically adjust upon the effectiveness of any adjustment notification by the State Controller in accordance with Public Contract Code section 22020 et seq., without the necessity of amending this section or any subdivision herein to reflect any such adjustment.
(1) Public projects of $75,000 or less may be performed by city employees by force account, by negotiated contract or by purchase order.
(2) Public projects of $75,000.01 to $220,000 may be let to contract by informal bidding procedures as set forth in subsection (D) below. (3) Public projects of more than $220,000 shall, except as otherwise provided in this section, be let to contract by formal bidding procedure as set forth in subsection (D) below. (D) Proceduresto Be Used for Contracts Regarding Public Projects. (1) No bidding required. Per Public Contract Code Section 22032, public projects of $75,000 or less may be performed by the employees of the city by force account, by negotiated contract, or by purchase order consistent with the procedures in Section 2-4.05 (A) (1)–(3). Such contracts may be approved and executed by City Manager or designee. (2) Informal bidding procedures. Public projects of $75,000.01 to $220,000 per subsection (C)(2) above shall be awarded to the lowest responsive and responsible bidder in accordance with the Uniform Construction Cost Accounting Act, Section 22034 et seq. of the Public Contract Code, as follows:
(a) Contractors List. A list of qualified contractors shall be developed and maintained in accordance with the provisions of Section 22034 of the Public Contract Code and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission.
(b) Notice Inviting Informal Bids. A notice inviting informal bids shall be prepared, which shall describe the project in general terms, describe how to obtain more detailed information about the project, and state the time and place for the submission of bids. The notice shall be mailed, not less than ten (10) days before bids are due, to either all the contractors on the Contractors List for the category of work to be bid, or to all construction trade journals specified in the California Public Contract Code Section 22036, or both, unless the product or service delivery is proprietary.
(c) The informal bids for public projects shall be awarded by the council and signed by the Mayor or by council designee.
(d) If all bids received are in excess of $220,000, the council may, by adoption of a resolution of four-fifths vote of the members of the council, award the contract, at $235,000 or less, to the lowest responsible bidder, if it determines the cost estimate of the public agency was reasonable.
(3) Formal bidding procedures. Public projects of more than $220,000.00 per section (C)(3), above, shall be awarded pursuant to formal bidding procedures to the lowest responsive and responsible bidder in accordance with, but not limited to, the procedures set forth below.
(a) Notice Inviting Formal Bids. The following are required:
(i) Contents of Notice. Notice inviting formal bids shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project. (ii) Publication of Notice. The notice shall be published at least 14 calendar days before the date of opening the bids in a newspaper of general circulation, printed and published in the city, or otherwise comply with the requirements of Public Contracts Code Section 22037.
(iii) Electronic Transmission of Notice. The notice inviting formal bids shall also be sent electronically, if available, by either facsimile or electronic mail and mailed to all construction trade journals as required by the Commission as specified in Public Contract Code Section 22036. The notice shall be sent at least fifteen calendar days before the date of opening the bids.
(iv) Per Labor Code Section 1771.1, the notice must state that a contractor or subcontractor is not qualified to bid on, be last in a bid proposal for, or perform work on a project unless it is registered and qualified under Labor Code Section 1725.5. (b) Instructions to Bidders – The Notice Inviting Formal Bids should also identify the contract documentsto be considered, the availability of information, any scheduled prebid meetings, bid protest procedures, addenda, and any other procedures to be followed for bids to be considered.
(c) Bid Package – The bid package should include the following:
(i) The proposal form.
(ii) Submission of sealed bids.
(iii) A public bid opening.
(iv) Award to the lowest, responsive and responsible bidder. (v) City reservation in notice inviting bids of the right to reject any or all bids and to waive minor irregularities.
(vi) Award and execution of a written contract.
(vii)Reference to applicable state or federally funded project requirements.
(viii) Bid security.
(ix) Performance and payment bonds.
(x) Listing of subcontractors.
(E) Authority to Prepare and Issue Notice Inviting Bids. The Purchasing Agent or designee is authorized to prepare and issue notices inviting bids and to establish such additional bidding procedures which must be consistent with those stated herein. (F) Prohibition against splitting or separating projects. It shall be unlawful to split or separate into smaller work orders or projects any project for the purpose of evading the provisions of this Purchasing Ordinance requiring work to be done by contract after competitive bidding. Under Public Contract Code Section 22033 “It shall be unlawful to split or separate into smaller work orders or projects any project for the purpose of evading the provisions of this article requiring work to be done by contract after competitive bidding.” (G) Council Authority to Reject, Re-advertise, or Otherwise Award. (1) In its discretion, the council may reject any and all bids presented under the informal and formal bidding procedures described above for public projects, if the city, prior to rejecting all bids furnishes a written notice to the apparent low bidder. The notice shall inform the bidder of the city’s intent to reject the bid and shall be mailed or emailed at least two (2) business days prior to the council meeting at which the city intends to reject the bid.

If after the first invitation for bids all bids are rejected, after reevaluating its cost estimates of the project, the city shall have the option of either of the following:
(a) Abandoning the project or re-advertising for bids in the manner described in this Section 2-4.06.
(b) By passage of a resolution by a four-fifths vote of the council declaring that the project can be performed more economically by the employees of the city, the city may have the project done by force account without further complying with this Section 2-4.06. (2) If the contract is awarded, it shall be awarded to the lowest responsive and responsible bidder. If two (2) or more bids are the same and the lowest, the city may accept the one it chooses.
(3) If no bids are received through the informal or formal bidding procedures described above,the project may be performed by employees ofthe city by force account or by informal bidding procedures set forth above.
(H) Emergency.
(1) In case of an emergency regarding a public project which requires formal bidding procedures, the council may pass a resolution by a four-fifths vote declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property. The resolution shall specify findings as required in Public Contracts Code Section 22050.
(2) “Emergency” as used in thissection means a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services. (I) Written Contracts Required. All contracts for public projects shall be in writing; all amendments to contracts shall be in writing. The City Manager or his or her designee shall work with the City Attorney to ensure that the contract includes language protecting the city’s interest and language required by law. This language shall include, but is not limited to specified term, scope of services, termination language, insurance, warranties, indemnification, non-collusion, contractor license, security, bonds, liquidated damages, change orders, retention, delays, claims process, prevailing wages, and compliance with applicable laws.
(J) Change Order Limitsfor Public Projects. The award of contractsfor public projectsshall include a recommended contingency amount not to exceed 15%. Any change order must be reasonably related to the scope of the original contract and based on post-award information that requires modification based on unforeseen conditions or by mutual agreement of the parties. Any change order which results in a total contract amount greater than the limits in this provision shall require council approval.
2-4.07 EXCEPTIONS: COOPERATIVE PURCHASING AGREEMENTS AND PIGGYBACK PURCHASES.
(A) Cooperative Purchasing. The city, through the Purchasing Agent, may purchase supplies, equipment, or services through a joint powers or other cooperative purchasing program with any local, county, state, or federal public entity or entities, or any association of public agencies, including the California League of Cities, the California State Association of Counties, and the National Conference of Mayors, provided that:
(1) The selected bidder wasselected in compliance with the competitive bidding or proposal process requirements of any participating entity or association; and (2) The Purchasing Agent determines that the competitive bidding or proposal process utilized is similar to that contained in this chapter; and (3) The Purchasing Agent determines that, as a result of cooperative purchasing, the price of the supplies, equipment, or services is likely to be lower than it would be if purchased directly by the city pursuant to this chapter.
(B) Information Technology Goods and Services. In accordance with Public Contract Code Section 10299, the city, through the Purchasing Agent may, without formal or informal bidding, contract with suppliers who have been awarded contracts by governmental entities for the purchase of goods, information technology, and services under the competitive process in Public Contract Code Sections 12100 to 12113. Such contracts typically take the form of master agreements, price schedules, or multiple award schedules. The city may make these purchases directly from the vendors or the state may provide assistance to the city in making these acquisitions.
(C) “Piggyback” Purchasing. The city may utilize the purchasing practice commonly referred to as “piggyback” purchasing. The city, through the Purchasing Agent, may purchase supplies, equipment, or services, without complying with the bidding or proposal procedures in this chapter, from any supplier who offers the supplies, equipment, or services at the same or better price, terms, and/or conditions as the supplier previously offered to another city or other public agency as the lowest bidder pursuant to the competitive bidding or proposal process required by that city or other public agency, provided that:
(1) The competitive bidding or proposal process required by that city or other public agency is similar to that contained in this chapter; and (2) The competitive bidding or proposal process required by that city or other public agency included all known bidders; and
(3) The supplier’s bid or proposal was for like or greater quantities, and a like or greater quality, of supplies, equipment, or services.
2-4.08 SOLE SOURCE PURCHASES.
(A) In the event that there is one, and only one, source for a product of $6,000 or more, a sole-source purchase may be used. When a department wishes to make a sole-source purchase, it must make the findings set forth below in writing and file such certification with the Purchasing Agent for the Purchasing Agent’s approval. In order to establish a legal basis for a sole-source exception, the following statements and findings must be made:
(1) A statement describing the unique or specialized feature of the product in question;
(2) A statement of the department director’s effortsto locate all possible suppliers of such product;
(3) A statement that, in spite of its efforts, the department director has been able to locate only one supplier of the product in question;
(4) A statement that indicates the ultimate cost of the product and the process used to determine the cost of the product;
(5) A finding that it is, therefore, proper for the city to dispense with a competitive bidding requirement and to authorize the city to purchase the product in question under the sole-source exception; and/or
(6) A disclosure statement of the department director and each individual involved in evaluating and/or in making a recommendation for the purchase. (B) If the purchase exceeds the City Manager’s monetary authority to contract, a resolution making the findings set forth above must be submitted with the staff’s request for award of a sole source contract by the council.
2-4.09 PREVAILING WAGES AND PUBLIC WORKS PROJECTS.
(A) This section applies to prevailing wages under local and state law. The requirements for prevailing wages under the federal Davis-Bacon Act are separate and should be reviewed separately as required by applicable federal funding sources. Under California Labor Code Section 1771, all work performed under contractfor “public works” projects of more than $1,000 shall be subject to prevailing wages. The Labor Code defines the term “public works project” broader than the Public Contract Code defines “public project” as per Section 2-4.06 above. There may be instances in which bidding is not required but payment of prevailing wages is required.
(B) “Public Works Project” for the purpose of state prevailing wages means:
(1) Construction, alteration, demolition, installation, or repair work done under contract and paid for in whole or in part from city funds. For purposes of this paragraph, “construction” includes work performed during the design and preconstruction phases of construction, including, but not limited to, inspection and land surveying work. For purposes of this paragraph, “installation” includes, but is not limited to,the assembly and disassembly of freestanding and affixed modular office systems;
(2) The laying of carpet done under a building lease-maintenance contract and paid for out of public funds;
(3) Street, sewer, or other improvement work done under the direction and supervision of the city;
(4) Hauling refuse from a public works site to an outside disposal location; or (5) Maintenance work, including routine, recurring, and usual work for the preservation of a city-owned or operated facility, and landscape maintenance work per Labor Code Section 1771.
(C) Prevailing wage requirements do not apply to work performed by the city with its own forces.
(D) The City Manageris authorized to establish guidelinesforimplementing prevailing wages requirements that are consistent with this section and with the Labor Code. (E) The City Manager shall designate a person to comply with the contractor registration requirements on all contracts requiring prevailing wages. 2-4.10 REQUESTS FOR PROPOSALS AND REQUESTS FOR QUALIFICATIONS Procurements under a Request for Proposal (RFP) or Request for Qualifications (RFQ) are appropriate for services that are not subject to legal public bidding requirements. Such procurements may include consulting services, professional services, and maintenance services as described in this section.
(A) RFP or RFQ. If there are no statutory or funding condition requirements that specify use of an RFP or RFQ, selection is based on the nature of the procurement. For example, an RFP is generally the preferred option for project-based procurement where the specific scope of services is known in advance and one of the primary criteria will be the best lump sum price for providing services (although experience and qualifications may also be considered). An RFQ is often preferable for ongoing or on-call professional or consulting services where there is not a single, defined project and the qualifications and experience of the consultant are the primary criteria (although hourly rates may also be considered). (B) RFP/RFQ Required.
(1) Architectural and Engineering Services. Per Government Code Section 4529.12 all architectural and engineering services shall be procured pursuant to a fair, competitive selection process. Therefore, an RFP/RFQ process must be followed. The term “architectural and engineering services” includes all architectural, landscape architectural, environmental, engineering, land surveying, and construction project management services. (See Government Code Section 4529.10)
(2) Design-Build. An RFQ and RFP must be used if the city adopts an ordinance for design-build procurement under Public Contract Code Section 22160 et. seq. (3) Funding Source Requirement. The city shall comply with County, State, or Federal funding source requirements for use of an RFP/RFQ.
(4) Master Service Agreements. Master Service Agreements may be entered into with specific vendors for support services on an “as needed” basis pursuant to an RFP process. (C) RFP/RFQ Not Required.
(1) Professional/Consultant Services. The city may contract with any specially trained and experienced persons, firms or corporations for special services and advice in financial, economic, accounting, legal or administrative services. Selection shall be on the basis of demonstrated competence, on the professional qualifications necessary for the satisfactory performance of the services required, and at a fair and reasonable price to the city. To obtain the best competitive value forservices, the city may employ an RFP or RFQ process dependent on nature of the services, complexity, estimated cost, and immediate needs as determined by the City Manager.
(2) Routine Supplies/Equipment. Procurement of routine supplies or equipment where best price is the only objective, there is no need to use an RFP/RFQ. A clear and specific request for price quotes or informal bidding requirements per Section 2-4.05 of this Code is often the most efficient procurement method for obtaining the best price for goods exceptthatfactors otherthan low price may be considered. However,the city may choose to use an RFP/RFQ process.
2-4.11 CONFLICT OF INTEREST.

No person shall recommend, participate in any contract evaluation,selection, purchase, or lease which would constitute a conflict of interest defined in the city Conflict of Interest Code or applicable state law.

SECTION 3. CEQA. The City Council finds this ordinance is not a project under the California Environmental Quality Act because it can be seen with certainty that it will not have a significant effect or physical change to the environment. See Title 14, California Code of Regulations, Section 15061 (b) (3).

SECTION 4. Severance. If any section,subsection, phrase, or clause of this ordinance isfor any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.

SECTION 5. Publication. Upon passage, this ordinance, or a summary of the same shall be published as required by law.

SECTION 6. Effective Date. This ordinance shall become effective thirty (30) days after its adoption.

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: March 5, 2025
_________________________________ Agenda Number: ___________ Michael Lima, Director of Financial Services
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Appointment to the Transit Advisory Board
RECOMMENDATION:

Adopt a Resolution approving the appointment of Jack Porter to the Transit Advisory Board SUMMARY:

The City of Madera Transit Advisory Board (TAB) was established by the City Council in March 1996 to serve in an advisory capacity to transit staff and the City Council on matters pertaining to Madera Metro’s public transportation services and operations. TAB is comprised of seven (7) 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, Councilmember Zacharia has nominated Jack Porter to the Mayor for appointment to the TAB.

The Mayor has considered the nomination and has approved the appointment of Mr. Porter. The requested action is a resolution of the City Council to approve the appointment of Jack Porter to the TAB.

DISCUSSION:

The TAB was formed to serve in an advisory capacity to the City Council and staff on matters related to public transit. Their duties include the following:

1. Provide oversight and make recommendations regarding the operation of the public transit system including projects, programs, and special studies.

2. Ensure grievance procedures for transit services are followed and enforced.

3. Each TAB member is required to complete two Secret Rider Evaluations bi-annually.

B-8
TAB members are noted below in Table 1, with the individual considered for approval of appointment indicated in bold text.

Table 1. Transit Advisory Board Membership
Member Nominating Councilmember City Council District
Andrew Albonico Mayor Gallegos At-large Mayor
Jack Porter Councilmember Zacharia District 1
Vacant Mayor Pro Tem Rodriguez District 2
Marie Luna Councilmember Montes District 3
Patricia Carreon Councilwoman Evans District 4
Otilia Morales Councilwoman Mejia District 5
Cynthia Ortegon Councilmember Villegas District 6
Mr. Porter has been serving on the City’s ADA Advisory Board since 2022 and has expressed interest in also serving for the TAB. At this time, the Mayor has considered the nomination of Mr.

Porter by Councilmember Zacharia and is seeking approval from the City Council of the appointment to TAB. Per the Municipal Code, this appointment will be for a term matching the councilmember, or until the replacement is appointed. The councilmember’s term ends on December 2, 2026. 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 to the City, as TAB members serve on a voluntary basis and do not receive compensation for their participation.

ALTERNATIVES:

Council may direct staff to seek additional applications to serve on the Transit Advisory Board.

ATTACHMENTS:

1. Resolution

2. Volunteer application for Jack Porter
Resolution No. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

APPROVING THE APPOINTMENT OF JACK PORTER TO THE CITY OF

MADERA TRANSIT ADVISORY BOARD
WHEREAS, the City of Madera has established a Transit Advisory Board (TAB) to serve in a volunteer capacity to fulfill the duties of the TAB as provided in their adopted bylaws; and WHEREAS, TAB is comprised of seven (7) citizens nominated by members of the City Council and appointed by the Mayor, subject to confirmation by the Council as a whole; and WHEREAS, Jack Porter has expressed desire to serve on TAB; and WHEREAS, Councilmember Zacharia has nominated Jack Porter to be considered for appointment to TAB for a term concluding December 2, 2026, or as otherwise provided in the Madera Municipal Code; and
WHEREAS, Mayor Gallegos has considered the above-named nominated individual and has appointed Jack Porter.

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 Jack Porter to TAB for a term ending December 6, 2028, unless otherwise indicated by the Madera Municipal Code.

3. This resolution is effective immediately upon adoption. ********************
FEB 1 8 2025
City of Madera
OTY OF MADERA ; of theCityClerk ,
COMMISSION, BOARD, AND COMMlrf -~
VAllEY ClHTRAL 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
CDBG Block Grant Commission
__ Planning Commission
Other: _______ _
Please type or print in ink.
__ Airport Advisory Commission
Civil Service Commission
Loan Review Committee
_l_ Transit Advisory Board

MAILING ADDRESS
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CITY, STATE ZIP
flAfeLl ~/et> 170 \2..

E-MAIL ADDRESS

EMPLOYER JOB TITLE BUSINESS PHONE
Length of residence in the City of Have you ever been convicted of Are you 18 years of age or Madera: a felony? older?
Years 5"8 Months Yes No )( Yes X No
Educational background:
7:!;?A;- - ~ND s:-T'ATE°
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:
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R-l I A-lf?/1-A 1llcTA- 1--fo Yer& s
Please list any appointed public boards or commissions on which you have served, dates of service, and any chairmanship or office held:

Arv.A @V l.5 6 f!.y 13:PJ\ RD - :Zo 2...-:Z. 70 f rze,-5=::.-w"f I am interested in serving for the following reasons:

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City Clerk
Update 09/19/23

OF MADERA

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

Page 2 ends

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: March 5, 2025
_________________________________ Agenda Number: ____________ Keith Helmuth, Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

One Easement Deed for Sidewalk Improvements at Various Locations City Project R-94 Bid Package 3 Phase 2 AHSC Agreement No. 19-AHSC-12761
RECOMMENDATION:

Adopt a Resolution Approving an Agreement for Purchase of an Easement at 348 South B Street, Madera, CA 93638 (APN 007-192-011)
SUMMARY:

Right-of-Way (ROW) acquisition from several parcels of land is necessary for the Sidewalk Improvements at Various Locations City Project R-94 Bid Package 3 Phase 2 AHSC Agreement No. 19-AHSC-12761 (Project). One is presented at this time.

The agreement and easement deed has been executed by the property owner and it is recommended for approval. The value of the land for the acquisition of the parcel is $5,056.86.

Funds for the ROW acquisition are included in the City’s Fiscal Year (FY) 2024/25 Budget for the project.

DISCUSSION:

The scope of the project consists of installation of sidewalk improvements at various locations in the City. The project includes excavation of native soil, roadway excavation, demolition of concrete improvements, installation of curb ramps, curb and gutter, drive approaches, asphalt backpatch to new curb and gutter, tree removal, fence relocation, and adjusting utility boxes to grade. ROW acquisition is necessary from owners of fourteen parcels; six have been approved and executed by the property owners. All 14 parcels require a partial land acquisition to construct City standard curb access ramps and/or sidewalks. This item is for one of the 14 parcels.

For the parcel location see Location Map attached to report.

Approved by:
_________________________________
Keith Helmuth, Department Director
Approved by:

B-9
The land acquisition and improvement from the subject parcel is listed in Table 1. The subject parcel is owned by Juan Avila, Jose Avila, and Armando Paredes.

Table 1: ROW Impact & Cost
APN Area
(Square Feet) Cost
007-192-011 622 $5,056.86
The City follows Caltrans guidelines for minor acquisition takes. Caltrans Local Assistance Procedures Manual indicates that when the City determines that the valuation is uncomplicated and the market value is estimated at $10,000 or less, based on a review of available data, a formal appraisal report is not required. This is consistent with City Administrative Policy No. AP-48 for waiver of formal appraisals on certain real property and to acquire said parcels by sale or donation where such parcels or portions thereof to be acquired do not have fair market value in excess of $2,500. The acquisition of this parcel exceeded the threshold of $2,500 per AP-48 therefore a formal appraisal was obtained.

The formal offer and acquisition information, Purchase and Sale of Real Property Agreement and easement Deed with a description of the interest in land to be acquired has been presented to the property owner.

On October 21, 2021, the City determined that the project is Categorically Exempt under Article 19, Section 15301 (c) of the Guidelines for California Environmental Quality Act (Minor alteration of existing public facilities).

FINANCIAL IMPACT:

There will be no impact to the City’s General Fund for the ROW and construction costs for this project. The right of way acquisition is funded from the Local Transportation Funds programmed in the FY 2024/25 Capital Improvements Project Budget. Construction will be funded by the Affordable Housing and Sustainable Communities (ASHC) Grant.

ALTERNATIVES:

City Council may choose to reject the ROW acquisition. The rejection of ROW acquisition would result in the inability to install City Standard curb access ramps and sidewalk and therefore our inability to complete the project potentially jeopardizing funds.

ATTACHMENTS:

1. Resolution
Exhibit 1 – Agreement and Deed
Exhibit A – Agreement (348 S B Street, Madera, CA 93637) Exhibit 1 – Deed with One Exhibit
Exhibit 2 - Property Owner List

2. Location Map
Attachment 1
Resolution
RESOLUTION NO. 25-_________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

APPROVING AN AGREEMENT FOR THE PURCHASE OF AN EASEMENT AT 348 SOUTH B STREET, MADERA, CA 93638 (APN 007-192-011)
WHEREAS, a project is programmed in the Fiscal Year 2024/25 Capital Improvement Program (CIP) to install sidewalks at various locations and is identified as “Sidewalk Improvements at Various Locations City Project R-94 Bid Package 3 Phase 2 AHSC Agreement No. 19-AHSC-12761” (Project); and
WHEREAS, the Project requires the acquisition of right-of-way from one parcel of land to construct sidewalks and curb access ramps in the Project area; and WHEREAS, the one property owner of record, listed in Exhibit 2 attached hereto, has offered for sale to the City of Madera the interest in real property necessary for the Project; and WHEREAS, the property to be acquired is more specifically described in the legal description included in the Agreement for Purchase and Sale of Real Property (Agreement) and attached to the Easement Deed; and
WHEREAS, the purchase price offered for the property has been established per square foot in accordance with a formal appraisal; and
WHEREAS, on October 21, 2021, the City determined that the Project is Categorically Exempt from California Environmental Quality Act (CEQA) pursuant to Section 15301(a-e) of the CEQA Guidelines; and
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 of the City of Madera approves the one Agreement for Purchase and Sale of Real Property and accepts the Easement Deed,

3. The one Agreement, copy of which is attached hereto as Exhibit 1 and referred to for particulars, are approved.

4. The City Clerk is authorized to prepare the Certificate of Acceptance for the Easement Deed.

5. The Finance Director is authorized to make the payment for the land acquisition in the amount shown in the attached Exhibit 2.

6. The City Engineer with the agreement of the City Manager and City Attorney is authorized to make non-material or technical corrections to documents required for implementation of the agreement.

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

EXHIBIT 1
Agreement and Deed
Exhibit A – Agreement (348 S B Street, Madera, CA 93637) Exhibit 1 – Deed with One Exhibit

EXHIBIT A
Agreement
(348 S B Street, Madera, CA 93637)
OWNERS: Juan Manuel Ceja Avila, Jose Guadalupe Ceja Avila, Armando Popoca Paredes

PROJECT: AHSC Sidewalk Improvements at Various Locations, City Project R-94

ADDRESS: 348 South B Street APN: 007-192-011
Madera, CA 93638
SITUS: NW Corner of Clinton Street and South B Street

AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
This Agreement for Purchase and Sale of Real Property is effective this _______ day of _________________, 2025.

JUAN MANUEL CEJA AVILA, JOSE GUADALIPE CEJA AVILA, & ARMANDO POPOCA PAREDES, hereinafter referred to as the “Seller”, hereby offers to sell to the CITY OF MADERA, a municipal corporation, hereinafter referred to as the “city”, and City agrees to purchase the hereinafter described real property on the following terms and conditions:

1. Seller is the fee owner of that certain real property located at 348 S. B Street, in the City of Madera, County of Madera, State of California, (APN 007-192-011) more particularly described in Exhibit A titled Easement Legal Description to the Easement Deed (“Property”). The Easement Deed is attached as Exhibit A to this Agreement.

2. The purchase price for the Property shall be the sum of Five Thousand Fifty-Six Dollars and Eighty-Six Cents ($5,056.86) as just compensation for land and improvements.

3. Seller warrants that the Offered Property is being acquired under threat of condemnation.

4. Seller represents and warrants that they have the authority to take the offer herein made, and that they hold fee title to the Property.

5. The sale shall be completed by and through this Agreement upon the following terms and conditions, and Sellers and City by their signature to this Agreement make this paragraph their purchase instructions:
a. City shall pay to Sellers the sums specified in Paragraph 2 of this Agreement upon receipt and recording of the Easement Deed.
b. There shall be no proration of taxes and insurance.
c. Disbursements to be in the amounts, at the times, and in all respects in accordance with the terms and conditions and subject to the limitations of this Agreement.

EXHIBIT 2
Property Owners List

PROPERTY OWNER LIST

RIGHT OF WAY ACQUISITION
For
SIDEWALK IMPROVEMENTS AT VARIOUS LOCATIONS CITY PROJECT NO. R-94 BID PACKAGE 3 PHASE 2 AHSC AGREEMENT NO. 19-AHSC-12761

APN PROPERTY OWNER/ADDRESS AMOUNT
007-192-011 Juan Manuel Ceja Avila $5,056.86
348 S B Street
Madera, CA 93637
Attachment 2
Location Map

REPORT TO CITY COUNCIL
Council Meeting of: March 5, 2025
Agenda Number:
________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Amendment to the Community Development Block Grant (CDBG) 2020-2024 Consolidated Plan RECOMMENDATION:

Adopt a Resolution to approve the amendment to the 2020-2024 CDBG Consolidated Plan to include HOME Investment Partnerships Program (HOME) funds in the amount of $372,064.92 and the City’s portion in the amount of $127,935.08 for a total of $500,000.

SUMMARY:

On June 13, 2024, the City received notice from the U.S. Department of Housing and Urban Development (HUD) indicating that the City may qualify as a participating jurisdiction for the HOME program. On August 7, 2024, City Council (Council) adopted Resolution No. 24-117 to amend the 2023/24 City Budget to include HOME funds in the amount of $372,064.92 and a onetime City match of $127,935.08 from the General Fund. The funds must be incorporated into the City’s Consolidated Plan and appropriate Action Plan in order for the City to enter into a HOME Agreement with HUD.

A CDBG recipient agency must follow the requirements of the Citizen Participation plan (CPP). To amend the Consolidated Plan. Council initiated the amendment process detailed in the CPP by approving a Minute Order on February 5, 2025 which commenced the mandated 15-day public review process.

DISCUSSION:

The City is a recipient of CDBG funding and is required to submit a five-year Consolidated Plan to HUD. The Consolidated Plan allocates federal resources and establishes funding priorities and objectives. The Consolidated Plan serves as a comprehensive planning document for the City to identify the overall needs for affordable and supportive housing, community and economic Approved by:

Michael Lima, Director of Financial Services
ͲϭϬ
development, and outlines a strategy to address these needs.

The HOME program provides formula grants to states and localities that communities use to fund a wide range of activities including building, buying and/or rehabilitating affordable housing or rent or homeownership or providing direct rental assistance to low-income people.

These grant funds provide financial tools to support low-to moderate income individuals, families, and communities to address homelessness, affordable housing challenges, aging infrastructure and economic hardships. Eligible activities include:
 New construction of owner-occupied housing
 New construction of rental housing
 Homeownership assistance to homebuyers
 Rehabilitation of owner-occupied housing
 Rehabilitation of rental housing
 Tenant-Based rental assistance
Up to now, the City has been receiving HOME funds via the State of California. In June 2024, City staff was notified by HUD staff that the City was now eligible to receive HOME funds. The difference between state HOME funds and federal HOME funds is the latter are allocated directly to a participating jurisdiction (PJ) from HUD. Once a PJ commits to receiving HOME monies, the PJ can expect to receive an annual allotment of these monies.

As a condition of receiving these monies, the City committed to make a one-time match payment equal to roughly one-third of the awarded amount. In the City’s case, a $127,935.08 match payment is needed to access the $371,064.92 of HOME monies. Council approved a budget amendment on August 7, 2024 authorizing the match payment from the General Fund. That authorization was reaffirmed in the Fiscal Year 2025/25 Adopted Budget.

Council approved a Minute Order on February 5, 2025 to initiate the 15-day public review and hearing process to comply with the CPP for the amendment of the 2020-2024 Consolidated Plan to allocate $372,064.92 of HOME funds and City contribution of $127,935.08 toward HOME project development. The public hearing closed on February 20, 2025. There were no public comments received.

Staff is recommending Council approve amendment of the 2020-2024 Consolidated Plan to allocate $372,064.92 of HOME funds and City contribution of $127,935.08 toward HOME Program project development.

FINANCIAL IMPACT:

The City included in its Fiscal Year 2024/25 Adopted Budget a one-time match of $127,935.08 paid from the General Fund. Future HOME allocations will not require a match. Administration of planning and developing the City’s HOME program will be paid for by HOME funds.

ALTERNATIVES:

As an alternative, Council may:

1. Request additional information prior to approving the 2020-2024 CDBG Consolidated Plan amendment

2. Deny the request.

ATTACHMENTS:

1. Attachment A: Resolution approving the amendment to the 2020-2024 CDBG Consolidated Plan
a. Exhibit A: 2020-2024 Consolidated Plan – Strategic Plan Section RESOLUTION NO. 25-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,
CALIFORNIA APPROVING THE AMENDMENT OF THE 2020-2024

COMMUNITY DEVELOPMENT BLOCK GRANT CONSOLIDATED
PLAN TO ALLOCATE $372,064.92 OF HOME INVESTMENT
PARTNERSHIPS PROGRAM (HOME) FUNDS AND THE CITY’S
PORTION OF $127,935.08 FOR A TOTAL OF $500,000
WHEREAS, the U.S. Department of Housing and Urban Development (HUD) requires recipients of Community Development Block Grant (CDBG) funding to submit a five-year Consolidated Plan; and
WHEREAS, on July 22, 2020 by Resolution No. 20-108 the City Council approved the 2020- 2024 CDBG Consolidated Plan; and
WHEREAS, on February 5, 2025 City Council authorized a Minute Order initiating the citizen participation process to amend the 2020-2024 CDBG Consolidated Plan; and WHEREAS, on February 20, 2025 the public hearing and comment period closed without any public comment received; and
WHEREAS, staff recommends approval to amend the 2020-2024 CDBG Consolidate Plan to allocate $372,064.92 of HOME funds and City contribution of $127,935.08 toward HOME project development.

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

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

2. The City Council approves amendment of the 2020-2024 U.S. Department of Housing and Urban Development City of Madera CDBG Consolidated Plan, of which a copy of the amended portion is attached as Exhibit A to this resolution and incorporated by reference.

3. This resolution is effective immediately upon adoption.

Exhibit A

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: March 5, 2025
_________________________________ Agenda Number: __________ Keith Helmuth, City Engineer
Arnoldo Rodriguez, City Manager
SUBJECT:

Contract Award for Bike Lane Construction Plan for Various Streets City Project R-94 Bid Package 2 and D Street Pavement Rehabilitation
RECOMMENDATION:

Adopt a Resolution approving the contract award for Bike Lane Construction Plan for Various Streets City Project R-94 Bid Package 2 and D Street Pavement Rehabilitation in the amount of $450,211.00 to VSS International, Inc.

SUMMARY:

On February 26, 2025, the City received one bid for the Bike Lane Construction Plan for Various Streets City Project R-94 Bid Package 2 and D Street Pavement Rehabilitation (Project). The Project is funded with AHSC Grant funds and Road Maintenance and Rehabilitation Account (RMRA) funds. VSS International, Inc. submitted the lowest responsive and responsible bid.

BACKGROUND:

As part of the Affordable Housing and Sustainable Communities Program (AHSC), the City was awarded funds for multimodal improvements associated with the Veteran’s Housing Project (now called Esperanza Village). The AHSC funding the City was awarded is split into three different projects.
 Bid Package 1 – RRFB and Safety Improvements at George Washington Elementary School. This project is complete.
 Bid Package 2 (this item) – Bike Lane Construction Plan for Various Streets.  Bid Package 3 – Sidewalk Installation. Bid Package 3 is split into two phases due to some of the work being done within the right-of-way (ROW) of Caltrans. That work is Phase 1.

Approved by:
_________________________________
Keith Helmuth, City Engineer
B-11
Phase 2 of Bid Package 3 was awarded on February 5th, and is sidewalk installation not within Caltrans ROW.

DISCUSSION:

The general scope of work consists of installation of bicycle lane striping, marking, and stenciling on approximately 1.6 miles of roadway. Work also includes removal of existing striping and installation of appropriate bicycle lane street signs. The bicycle lane project overlaps planned pavement rehabilitation work on D Street between Cleveland Avenue and 3rd Street. So as not to pave over newly striped bicycle lanes, the pavement rehabilitation work was included as part of the project. Thus, the Project work also includes removal and restoration of severely deteriorated sections of asphalt pavement (dig outs), asphalt crack filling, and application of slurry seal as well as curb access ramp reconstruction.

On January 27, 2025 the City released the project for public bidding on the PlanetBids web portal.

Also, an Advertisement for Bids was duly published in the Madera Tribune on January 26th and February 8th of 2025.

On February 26, 2025, one bid was received. The bid was checked for accuracy against bidding requirements, validity of licenses, and bid security. The bid received is summarized in Table 1.

The pavement rehabilitation portion of the project is relatively small which may partially explain why only one contractor submitted a bid for the project. There were at least seven potential bidders on the planholders list in PlanetBids.

Table 1: Bid Overview
Bidder Total Base Bid

1. VSS International, Inc. $450,211.00
Engineer’s Opinion of Cost $356,433.50
The project is split into two funding sources which is to be charged as shown in Table 2.

Table 2: Project Budget
Line Item Amount
VSS International, Inc. Construction Contract $450,211.00 Project Contingency $45,021.10
Total Project Budget $495,232.10
Funding Source
Affordable Housing and Sustainable Communities $95,590.00 Road Maintenance and Rehabilitation Account $399,642.10 VSS International, Inc. submitted the lowest responsive, and responsible bid that meets the contract requirements.

Staff recommends award of the project to VSS International, Inc. in the amount of $450,211.00 and include a 10 percent of contract amount for allowable contingencies as approved by the City Engineer.

FINANCIAL IMPACT:

There is no fiscal impact on the City’s General Fund. The Project is programmed in the CIP FY 24/25 budget for AHSC Grant funding and RMRA Gas Tax funds.

ALTERNATIVES:

The alternative to awarding the project is to reject all bids. Rebidding the project could result in higher bids and would result in delays in the Bike Lane Installation and D Street Rehab project.

At present, there is a requirement of the AHSC funding agreement that the project be completed by June 2025. Rebidding could jeopardize the AHSC funds.

ATTACHMENTS:

1. Resolution Contract Award
a. Exhibit A - Contract

2. Project Maps
Attachment 1
Resolution
RESOLUTION NO. 25-

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

CALIFORNIA APPROVING THE CONTRACT AWARD FOR BIKE LANE
CONSTRUCTION PLAN FOR VARIOUS STREET CITY PROJECT R-94 BID PACKAGE 2 AND S STREET PAVEMENT REHABILITATION AHSC
AGREEMENT NO. 19-AHSC-12761 IN THE AMOUNT OF $450,211.00 AND

AUTHORIZING CONSTRUCTION CONTINGENCIES RELATING TO THE

CONTRACT
WHEREAS, on January 27, 2025, the City of Madera (City) Engineering Department advertised a solicitation for construction bids for Bike Lane Construction Plan for Various Streets City Project R-94 Bid Package 2 and D Street Pavement Rehab AHSC Agreement No. 19- AHSC-12761 hereinafter referred to as “the Project”; and WHEREAS, a single bid was received on February 26, 2025, and opened by the City Engineer; and
WHEREAS, VSS International, Inc. was deemed a responsive and responsible bidder; and
WHEREAS, funding for the Project is programmed in the Capital Improvement Projects Budget for Fiscal Year 2024/25 under CIP Project R-94 and R-79.

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

3. The City finds that VSS International, Inc. is the lowest responsible and responsive bidder.

4. The contract for the Project in the amount of $450,211.00 to VSS International, Inc., a copy of which is attached hereto as Exhibit A and referred to for particulars, is approved.

5. Council authorizes Construction Contingencies of up to 10 percent as approved by the City Engineer.

6. This Resolution is effective immediately upon adoption. *******
Exhibit A
Contract Agreement

AGREEMENT
THIS AGREEMENT, made this day of , 2025, between the City of Madera, hereinafter called “OWNER”, and , doing business as (an individual), or (a partnership), or (a corporation), hereinafter called “CONTRACTOR”.

WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned:

1. The CONTRACTOR shall commence and complete all WORK required for the “BIKE LANE CONSTRUCTION PLAN FOR VARIOUS STREETS, AHSC AGREEMENT NO. 19-AHSC-12761 CITY PROJECT R-94 BID PACKAGE 2, AND D STREET PAVEMENT REHAB”

2. The CONTRACTOR shall furnish all of the material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the WORK described herein.

3. The CONTRACTOR shall commence the WORK required by the CONTRACT DOCUMENTS within 10 calendar days after the date of the NOTICE TO PROCEED and will complete the same within the time period set forth in the CONTRACT DOCUMENTS. The CONTRACTOR shall submit a Payment Bond and Performance Bond in the amount of $450,211.00, each and Insurance Certificates as specified in the CONTRACT DOCUMENTS prior to commencing any WORK.

4. The CONTRACTOR agrees to perform all of the WORK described in the DOCUMENTS for the unit and lump sum prices set forth in the Bid Schedule.

5. The term “CONTRACT DOCUMENTS” means and includes the following:
(A) Advertisement for Bids
(B) Information for Bidders
(C) Bid Proposal
(D) Bid Bond
(E) Agreement
(F) Payment Bond
(G) Performance Bond
(H) Insurance Requirements for Contractors
(I) Construction Plans and Specifications prepared or issued by the City of Madera 7entitled “Bike Lane Construction Plan for Various Streets, AHSC Agreement No. 19-AHSC-12761 City Project R-94 Bid Package 2, and D Street Pavement Rehab” dated February 6, 2025. (J) Addendum No. , dated
Addendum No. , dated
Addendum No. , dated

6. In the event the CONTRACTOR does not complete the WORK within the time limit specified herein or within such further time as authorized, the CONTRACTOR shall pay to the OWNER liquidated damages in the amount of Two Thousand Eight Hundred ($2800.00) per day for each and every calendar day delay in finishing the WORK beyond the completion date so specified.

7. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the General Conditions such amounts as required by the CONTRACT DOCUMENTS. In no event shall total compensation exceed $450,211.00 except as may otherwise be authorized in writing per Section

16. For any moneys earned by the CONTRACTOR and withheld by the OWNER to ensure the performance of the Contract, the CONTRACTOR may, at his request and expense, substitute securities equivalent to the amount withheld in the form and manner and subject to the conditions provided in Division 2, Part 5, Section 22300 of the Public Contract Code of the State of California.

8. In the event of a dispute between the OWNER and the CONTRACTOR as to an interpretation of any of the specifications or as to the quality or sufficiency of material or workmanship, the decision of the OWNER shall for the time being prevail and the CONTRACTOR, without delaying the job, shall proceed as directed by the OWNER without prejudice to a final determination by negotiation, arbitration by mutual consent or litigation, and should the CONTRACTOR be finally determined to be either wholly or partially correct, the OWNER shall reimburse him for any added costs he may have incurred by reason of work done or material supplied beyond the terms of the contract as a result of complying with the OWNER’S directions as aforesaid. In the event the CONTRACTOR shall neglect to prosecute the work properly or fail to perform any provisions of the CONTRACT, the OWNER, after three days written notice to the CONTRACTOR, may, without prejudice to any other remedy it may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due to the CONTRACTOR, subject to final settlement between the parties as in this paragraph herein above provided.
8A. CLAIMS RESOLUTION PROCESS FOR DISPUTES.

It is the intent of this Contract that disputes regarding the Contract be resolved promptly and fairly between the Contractor and the Owner. However, it is recognized that some disputes will require detailed investigation and review by one or both parties before a determination and resolution can be reached. For the protection of the rights of both the Contractor and the Owner, the following provisions are provided for the resolution of disputes which cannot be resolved by the Owner and the Contractor within three business days after either party gives verbal notice of dispute or potential dispute to the other's attention and prior to the commencement of such work.

The following provisions are intended by Contractor and Owner to comply with Public Contract Code Sections 9204 and 20104 et. seq.

A. Claims:

The term “claim” refers to a separate demand by Contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:

1. A time extension, including, without limitation, for relief from damages or penalties for delay assessed by Owner under this Contract.

2. Payment by the Owner of money or damages arising from work done by, or on behalf of, the Contractor pursuant to the Contract and payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled.

3. Payment of an amount that is disputed by the Owner.

B. The Claim Must Be Timely and in Writing:

For all claims the claim must be in writing and include the documents necessary to substantiate the claim. A notice of potential claim must be filed within five (5) business days of Contractor’s completion of work that is a potential claim. Notice of an actual claim must be filed on or before the date of final payment.

C. Receipt of Claim by Owner:

Upon receipt of a claim pursuant to this section, the Owner will conduct a reasonable review of the claim and, within a period not to exceed 45 days from the date of receipt, will provide the Contractor with a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, Owner and Contractor may, by mutual agreement, extend the time period provided in this section.

The Contractor shall furnish reasonable documentation to support the claim. If additional information is thereafter required, it shall be requested and provided upon mutual agreement by the Owner and the Contractor. The District's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation.

D. City Council Approval:

If the Owner needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the Owner shall have up to three days following the next duly publicly noticed regular meeting of the City Council after the 45-day period or extension expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

E. Payment of Claim:

Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the Owner issues its written statement. If the Owner fails to issue a written statement, paragraph F below shall apply.

F. Meet and Confer:

If the Contractor disputes the Owner’s written response, or if the Owner fails to respond to a claim issued pursuant to this section within the time prescribed, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the Owner shall schedule a meet and confer conference within 30 days for settlement of the dispute.

Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the Owner shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the Owner issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the Owner and the Contractor sharing the associated costs equally. The Owner and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.

Under this Contract, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation.

Any mediation utilized shall conform to the timeframes in this section.

Unless otherwise agreed to by the Owner and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced.

If mediation as set forth above does not resolve the parties’ dispute, the parties will proceed to arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program.

G. Filing a Government Code Written Claim Notice:

Following the meet and confer conference, if the claim or any portion remains in dispute, the Contractor may file a claim under the Torts Claims Act as provided in Chapter 1 (commencing with Section 900) and Chapter 2 commencing with Section 910) of Part 3 of Division

3.6 of Title 1 of the Government Code Section 900.

H. Owner’s Failure to Respond to Claim:

Failure by the Owner to respond to a claim from Contractor within the time periods described above or to otherwise meet the time requirements set forth above shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the Owner’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the Contractor.

I. Interest:

Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.

J. Subcontractor Claims:

If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against Owner because privity of contract does not exist, the Contractor may present to the Owner a claim on behalf of a subcontractor or lower tier subcontractor. For purposes of this paragraph, the term “subcontractor’ means any type of subcontractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with the Contractor or is a lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the Contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the Owner shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the Contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the Owner and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.

K. Filing of Action on Unresolved Claims:

The parties shall follow the procedures set forth in Public Contracts Code Section 20104.4 if an action is filed to resolve claims under the foregoing provisions. Any action shall be filed in Madera County.

9. Attention is directed to Section 1735 of the Labor Code, which reads as follows:
“No discrimination shall be made in the employment of persons upon public works because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical conditions, marital status, or sex of such persons except as provided in Section 12940 of the Government Code, and every contractor for public works violating this section is subject to all the penalties imposed for by violation of this chapter”.

10. In accordance with the provisions of Article 5, Chapter l, Part 7, Division 2 (commencing with Section 1860) and Chapter 4, Part l, Division 4 (commencing with Section 3700) of the Labor Code of the State of California, the CONTRACTOR is required to secure the payment of compensation to his employees and shall for that purpose obtain and keep in effect adequate Worker’s Compensation Insurance.

The undersigned CONTRACTOR is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against Liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of the WORK of this Agreement.

11. The CONTRACTOR shall comply with Part 7, Chapter l, Article 2, Section 1775 of the Labor Code of the State of California. The CONTRACTOR shall, as a penalty to the OWNER, forfeit fifty dollars ($50.00) for each calendar day, or portion thereof, for each workman paid less than the prevailing rates for such work or craft in which such workman is employed for any public work done under the Contract by him or by any SUBCONTRACTOR under him. The difference between such prevailing wage rates and the amount paid to each workman for each calendar day or portion thereof for which each workman was paid less than a prevailing wage rate, shall be paid to each workman by the CONTRACTOR.

12. The CONTRACTOR shall comply with Part 7, Chapter l, Article 2, Section 1776 of the Labor Code of the State of California. The CONTRACTOR shall keep and require that all SUBCONTRACTORS keep accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice worker or other employee employed by him in connection with public work. Such payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of the CONTRACTOR by the OWNER, its officers and agents and to the representatives of the Division of Labor Law Enforcement of the State Department of Industrial Relations. In the event of non-compliance with the requirements of Section 1776, the CONTRACTOR shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects the CONTRACTOR must comply. Should non-compliance still be evident after the ten (10) day period, the CONTRACTOR shall, as a penalty to the OWNER forfeit twenty-five dollars ($25.00) for each calendar day, or portion thereof, for each worker until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due.

13. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the CONTRACTOR or any SUBCONTRACTOR under him. It is the CONTRACTOR’S responsibility to ensure compliance by both itself and all SUBCONTRACTORS.

Section 1777.5 provides, in part, as follows:

The CONTRACTOR or SUBCONTRACTOR, if he is covered by this section, upon the issuance of the approval certificate, or if he has been previously approved in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeyman stipulated in the apprenticeship standards. Upon proper showing by the CONTRACTOR that he employs apprentices in the craft or trade in the State on all of his/her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by a journeyman, or in the land surveyor classification, one apprentice for each five journeyman, the Division of Apprenticeship Standards may grant a certification exempting the CONTRACTOR from the one (1) to five (5) hourly ratio as set forth in this section. This section shall not apply to contracts of general CONTRACTORS or to contracts of specialty contractors not bidding for work through a general or prime CONTRACTOR, when the contracts of general CONTRACTORS, or those specialty CONTRACTORS involve less than thirty thousand dollars ($30,000).

Any work performed by a journeyman in excess of eight hours per day or forty (40) hours per week shall not be used to calculate the hourly ratio required by this section.

Apprenticeable craft or trade, as used in this section, shall mean a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the Apprenticeship Council. The joint apprenticeship committee shall have the discretion to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting a CONTRACTOR from the 1 to 5 ratio set forth in this section when it finds that any one of the following conditions is met:
(a) In the event unemployment for the previous three-month period in such area exceeds an average of 15 percent, or
(b) In the event the number of apprentices in training in such area exceeds a ratio of 1 to 5, or (c) If there is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either (1) on a statewide basis, or (2) on a local basis, or
(d) If assignment of an apprentice to any work performed under a public works contract would create a condition which should jeopardize his life or the life, safety, or property of fellow employees, or the public at large or if the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.

When such exemptions are granted to an organization which represents CONTRACTORS in a specific trade from the 1 to 5 ratio on a local or statewide basis the member CONTRACTORS will not be required to submit individual applications for approval to local joint apprenticeship committees, provided they are already covered by the local apprenticeship standards.

The CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in apprenticeable trade on such contracts and if other CONTRACTORS on the public work site are making such contributions. The CONTRACTOR, and any SUBCONTRACTOR under him, shall comply with the requirements of Sections 1777.5 and 1777.6 of the Labor Code in the employment of apprentices.

Information relative to number of apprentices, identifications, wages, hours of employment and standards of working conditions shall be obtained from the Division of Apprenticeship Standards.

Consult the white pages of your telephone directory under California, State of, Industrial Relations, Apprenticeship Standards, for the telephone number and address of the nearest office. Willful failure by the CONTRACTOR to comply with the provisions of Sections 1777.5 will subject the CONTRACTOR to the penalties set forth in Section 1777.7 of the Labor Code.

14. Pursuant to California Labor Code Section 1813, eight hours in any one calendar day and forty (40) hours in any calendar week shall be the maximum hours any workman is required or permitted to work, except in cases of extraordinary emergency caused by fires, flood, or danger to life and property. The CONTRACTOR doing the work, or his duly authorized agent, shall file with OWNER a report, verified by his oath, setting forth the nature of the said emergency, which report shall contain the name of said worker and the hours worked by him on the said day, and the CONTRACTOR and each SUBCONTRACTOR shall also keep an accurate record showing the names and actual hours worked of all workers employed by him in connection with the work contemplated by this Agreement, which record shall be open at all reasonable hours to the inspection of the OWNER, or its officer or agents and to the Chief of all Division of Labor Statistics and Law Enforcement of the Department of Industrial Relations, his deputies or agents; and it is hereby further agreed that said CONTRACTOR shall forfeit as a penalty to the OWNER the sum of Twenty-Five Dollars ($25.00) for each laborer, workman or any SUBCONTRACTOR under him for each calendar day during which such laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of this stipulation.

Overtime and shift work may be established as a regular procedure by the CONTRACTOR with reasonable notice and written permission of the OWNER. No work other than overtime and shift work established as a regular procedure shall be performed between the hours of 6:00 P.M. and 7:00 A.M. nor on Saturdays, Sundays or holidays except such work as is necessary for the proper care and protection of the work already performed or in case of an emergency.

CONTRACTOR agrees to pay the costs of overtime inspection except those occurring as a result of overtime and shift work established as a regular procedure. Overtime inspection shall include inspection required during holidays, Saturdays, Sundays and weekdays. Costs of overtime inspection will cover engineering, inspection, general supervision and overhead expenses which are directly chargeable to the overtime work. CONTRACTOR agrees that OWNER shall deduct such charges from payments due the CONTRACTOR.

15. The CONTRACTOR shall comply with Division 2, Chapter 4, Part 1 of the Public Contract Code relating to subletting and subcontracting, specifically included but not limited to Sections 4104, 4106, and 4110, which by this reference are incorporated into this Agreement as though fully set forth herein.

16. The CONTRACTOR and the OWNER agree that changes in this Agreement or in the work to be done under this Agreement shall become effective only when written in the form of a supplemental agreement or change order and approved and signed by the OWNER and the CONTRACTOR. It is specifically agreed that the OWNER shall have the right to request any alterations, deviations, reductions or additions to the contract or the plans and specifications or any of them, and the amount of the cost thereof shall be added to or deducted from the amount of the contract price aforesaid by fair and reasonable valuations thereof.

This contract shall be held to be completed when the work is finished in accordance with the original plans and specifications as amended by such changes. No such change or modification shall release or exonerate any surety upon any guaranty or bond given in connection with this contract.

17. Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees, and volunteers from and against all liability, loss, damage, expense, and cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness, or willful misconduct in the performance of work hereunder, or its failure to comply with any of its obligations contained in this AGREEMENT, except such loss or damage caused by the sole active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation, reasonable legal counsel fees, expert fees, and all other costs and fees of litigation.

The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless, or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

Contractor obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.

Contractor agrees to obtain or cause to be obtained executed defense and indemnity agreements with provisions identical to those set forth in this Section from each and every Subcontractor and Subconsultant, of every Tier. In the event the Contractor fails to do so, Contractor agrees to be fully responsible to provide such defense and indemnification according to the terms of this Section.

18. Contractor must comply with the insurance requirements as described in the section “INSURANCE REQUIREMENTS FOR CONTRACTOR”, pages 39-40 of the Contract Documents.

19. Amendments- Any changes to this Agreement requested by either City or [Name of Successful Bidder]. may only be effected if mutually agreed upon in writing by duly authorized representatives of the parties hereto. This Agreement shall not be modified or amended or any rights of a party to it waived except by such writing.

20. Termination.

A. This Agreement may be terminated at any time by either party upon fifteen (15) calendar days written notice. In the event the Agreement is terminated by either party, VSS International, Inc. shall be compensated for services performed to the date of termination based upon the compensation rates and subject to the maximum amounts payable agreed to together with such additional services performed after termination which are authorized in writing by the City representative to wind up the work performed to date of termination.

B. City may immediately suspend or terminate this Agreement in whole or in part by written notice where, if in the determination of City, there is:

1. An illegal use of funds by VSS International, Inc. ;

2. A failure by VSS International, Inc. to comply with any material term of this Agreement;

3. A substantially incorrect or incomplete report submitted by VSS International, Inc. to City.

In no event shall any payment by City or acceptance by VSS International, Inc. constitute a waiver by such party of any breach of this Agreement or any default which may then exist on the part of either party. Neither shall such payment impair or prejudice any remedy available to either party with respect to such breach or default. City shall have the right to demand of VSS International, Inc. the repayment to City of any funds disbursed to VSS International, Inc. under this Agreement which, as determined by the appropriate court or arbitrator, were not expended in accordance with the terms of this Agreement.

Notice of termination shall be mailed to the City:

City of Madera
Engineering Department
428 E. Yosemite Avenue
Madera, Ca 93637
To the Contractor VSS International, Inc.

Notices. All notices and communications from the VSS International, Inc. shall be to City's designated Project Manager or Principal-In-Charge. Verbal communications shall be confirmed in writing. All written notices shall be provided and addressed as soon as possible, but not later than thirty (30) days after termination.

21. Compliance With Laws- City shall comply with all Federal, State and local laws, ordinances, regulations and provisions applicable in the performance of City’s services.

Wherever reference is made in this Agreement to standards or codes in accordance with which work is to be performed or tested, the edition or revision of the standards or codes current on the effective date of this Agreement shall apply, unless otherwise expressly stated.

22. Attorneys’ Fees/Venue- In the event that any action is brought to enforce the terms of this Agreement, the party found by the court to be in default agrees to pay reasonable attorneys’ fees to the successful party in an amount to be fixed by the Court. The venue for any claim being brought for breach of this Agreement shall be in Madera County or as appropriate in the U.S. District Court for the Eastern District of California, located in the City of Madera.

23. Governing Law- The laws of the State of California shall govern the rights and obligations of the parties under the Agreement, including the interpretation of the Agreement. If any part of the Agreement is adjudged to be invalid or unenforceable, such invalidity shall not affect the full force and effect of the remainder of the Agreement.

24. City’s Authority- Each individual executing or attesting to this Agreement on behalf of the City hereby covenants and represents: (i) that he or she is duly authorized to execute or attest and deliver this Agreement on behalf of such corporation in accordance with a duly adopted resolution of the corporation’s articles of incorporation or charter and bylaws; (ii) that this Agreement is binding upon such corporation; and (iii) that Contractor is a duly organized and legally existing municipal corporation in good standing in the State of California.

25. Contractor’s Legal Authority - Each individual executing or attesting this Agreement on behalf of VSS International, Inc. hereby covenants and represents: (i) that he or she is duly authorized to execute or attest and deliver this Agreement on behalf of such corporation in accordance with such corporation’s articles of incorporation or charter and by-laws; (ii) that this Agreement is binding upon such corporation; and (iii) that VSS International, Inc. is a duly organized and legally existing corporation in good standing in the State of California.

26. Remedies for Default. Failure by a party to perform any term, condition or covenant required of the party under this Agreement shall constitute a “default” of the offending party under this Agreement. In the event that a default remains uncured for more than ten (10) days following receipt of written notice of default from the other party, a "breach" shall be deemed to have occurred. Any failure or delay by a party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.

27. Independent Contractor. In performance of the work, duties, and obligations assumed by the Contractor under this Agreement, it is mutually understood and agreed that the City, including any and all of City’s officers, agents and employees will, at all times, be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venturer, partner, or associate of City. Furthermore, City shall have no right to control or supervise or direct the manner or method by which City shall perform its work and functions. The City shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over the subject matter hereof.

Because of its status as an independent contractor, City shall have absolutely no right to employment rights and benefits available to City employees. City shall be solely liable and responsible for providing to, or on behalf of, its employees all legally required employee benefits. In addition, City shall be solely responsible and hold City harmless from all matters relating to payment of City’s employees, including compliance with Social Security, withholding and all other regulations governing such matters. It is acknowledged that during the term of this Agreement, City may be providing services to others unrelated to City or to this Agreement.

28.Sole Agreement- This instrument constitutes the sole and only Agreement between City and VSS International, Inc. in connection to the Project and correctly sets forth the obligations of the City and VSS International, Inc. to each other as of its date. Any Agreements or representations in connection with the Project, not expressly set forth in this instrument are null and void.

29. Assignment-Neither the VSS International, Inc. nor City will assign its interest in this Agreement without the written consent of the other.

30. Binding Agreement - This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns.

IN WITNESS WHEREOF the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in TWO copies, each of which shall be deemed an original on the date first above written.

City of Madera
Herein Called OWNER
By:

Cece Gallegos, Mayor
APPROVE AS TO FORM:

Shannon L. Chaffin, City Attorney
ATTEST:

Alicia Gonzales, City Clerk
BY:

Herein Called CONTRACTOR
BY:

Federal Tax I.D. No.

Contractor License Number

DIR Registration Number
NOTE: This Notary Acknowledgment on the following page is required for verification of Contractor’s signature.

Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

California Notary acknowledgement required to be attached.

Attachment 2
Project Maps

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: March 5, 2025
_________________________________ Agenda Number: ___________ Keith Helmuth, Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Amend the Notice of Completion Document for 2023 Water Meter Project, City Project W-31 RECOMMENDATION:

Adopt a Minute Order to amend the Notice of Completion Document for 2023 Water Meter Project, City Project W-31 and record with the Madera County Recorder’s Office SUMMARY:

On February 5, 2025, the City Council (Council) adopted a Minute Order approving:

1. Acceptance of the 2023 Water Meter Installation Project, City Project W-31

2. The Recording of the Notice of Completion

3. The release of retention 35 days after the recording of the Notice of Completion The Madera County Recorder’s office has requested a modification to the Notice of Completion (NOC) form presented in the February 5th Council item before it can be recorded. Specifically, the County has requested that the NOC include a list of addresses. As a result, the revised form now incorporates this request.

BACKGROUND:

On February 5, 2025, City Council accepted the W-31 water meter improvements and the filing of the Notice of Completion (NOC) at the Madera County’s Recorder Office. The NOC has used standard language on all multi-location Engineering Project in the past.

When attempting to record the NOC at the County Recorder’s office, City Staff was informed that multiple location projects need to include language identifying the specific locations instead of generic “various locations” project language. Item 9 of the NOC form has been modified to B-12
include “Addresses on following page”. A listing of the addresses for each meter locations is added on a separate attachment. It was reviewed by the Recorder’s Office and the language finalized.

This is item needs to be reviewed and approved again by Council because the NOC form as reviewed and approved on February 5th has been modified.

FINANCIAL IMPACT:

There is no financial impact from this action to modify the NOC.

ALTERNATIVES:

Should Council not approve the changes to the Notice of Completion document, the NOC will not be recorded by the County Recorder. Rejection of the Notice of Completion will result in staff’s inability to release retention funds and closing the Project.

ATTACHMENTS:

1. Notice of Completion, including addresses

Page 1 of 2 ends

Recording Requested by:

City of Madera
And When Recorded, Mail to:

City of Madera – City Clerk
205 W. 4th Street
Madera, CA 93637
Space above this line for Recorder’s Use
Fee Waived per Section 27383 & 27388.1(a)(2)(D) of the Government Code – No Document Tax Due $ -0-

NOTICE OF COMPLETION
_
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is owner of the interest or estate stated below in the property hereinafterdescribed.

2. The full name of the undersigned is City of Madera.

3. The full address of the undersigned is 205 W. 4th Street, Madera, CA 93637.

4. The nature of the title of the undersigned is: In fee Public Improvements (If other than fee, strike “In fee” and insert, for example, “purchaser under contract of purchase” or “lessee”.)

5. The full name and full addresses of all persons, if any, who hold title with the undersigned as joint tenant or as tenants in common are:

Name Address
N/A _

6. A work of improvement on the property hereinafter described was completed on 07/31/2024

7. The name of the original contractor, if any, for such work of improvement was:
(If no contractor for work of improvements as a whole, insert “none”.) West Valley Construction Inc.

8. The full name(s) and address(es) of the transferor(s) of the undersigned is(are):

Name Address
N/A

9. The property on which said work of improvement was completed is in the City of Madera, Countyof Madera, State of California, and is described as follows:

Install new Automatic Meter Reading Water Meters at various commercial, industrial, and residential locations in the City of Madera. Addresses on following page.

10. The street address of said property is Madera CityLimits (If no street address has been officially assigned, insert “none”.) (Signature of Owner named in Paragraph 2)
Dated Keith Brent Helmuth, P.E.

City Engineer
The notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy or validity of that document.

Page 2 of 2 ends

State of California
County of Madera
Keith Brent Helmuth, being duly sworn says: He is the City Engineer of the City of Madera, the corporation that executed the foregoing notice as owner of the aforesaid interest or estate in the property therein described; that he makes this verification on behalf of said corporation; that he has read said notice and knows the contents thereof, and that the facts herein stated are true. (Signature of Officer)
Keith Brent Helmuth, P.E.

City Engineer
State of California
County of Madera
Subscribed and sworn to (or affirmed) before me on the day of , 2025 by Keith Brent Helmuth, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
(Seal)
Alicia Gonzales
City Clerk
See Item 9 attached on Notice of Completion
120 W. Adelle St, Madera, CA
124 Walnut St, Madera, CA
200 W. Fourth St, Madera, CA
220 S. H St, Madera, CA
320 N. I St, Madera, CA
329 S. I St, Madera, CA
425 W. Fourth St, Madera, CA
601 Lilly St, Madera, CA
601 Sunrise St, Madera, CA
703 Sherwood Way, Madera, CA
705 W Pecan Ave, Madera, CA
769 S. Pine St, Madera, CA
800 E. Yosemite Ave, Madera, CA
800 N. D St, Madera, CA
955 W. Pecan Ave, Madera, CA
1001 E. Yosemite Ave, Madera, CA
1100 Raymond Rd, Madera, CA
1150 E. Pecan Ave, Madera, CA
1218 E. Cleveland Ave, Madera, CA
1209 E. Almond Ave, Madera, CA
1502 E. Yosemite Ave, Madera, CA
1601 Creekside Dr, Madera, CA
1850 W. Cleveland Ave, Madera, CA
2155 N. Schnoor Ave, Madera, CA
2300 Industrial Ave, Madera, CA
2140 Industrial Ave, Madera, CA
2401 W. Almond Ave, Madera, CA
2871 Airport Dr, Madera, CA
2901 Falcon Dr, Madera, CA
3105 Airport Dr, Madera, CA
3254 Airport Dr, Madera, CA
14198 Road 28, Madera, CA
26400 Avenue 13, Madera, CA
26460 Martin St, Madera, CA
26490 Martin St, Madera, CA
28219 Avenue 14, Madera, CA
Hwy 99 and Cleveland Ave, , Madera, CA

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: March 5, 2025
_________________________________ Agenda Number: ___________ Giachino Chiaramonte, Chief of Police
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Child Forensic Interview Team Protocol
RECOMMENDATION:

Adopt a Resolution approving a multi-agency Memorandum of Understanding establishing the Child Forensic Interview Team of Madera County and authorizing the Chief of Police to execute the agreement
SUMMARY:

In 2021, the City entered a multi-agency Memorandum of Understanding (MOU) to establish the Child Forensic Interview Team (CFIT), comprising of key stakeholders from Madera County. The initial MOU outlines the roles and responsibilities of the City, particularly in relation to law enforcement. While the language of the MOU remains unchanged, a re-execution has been necessitated due to leadership transitions among participating stakeholders. The MOU will remain in effect until a member requests a modification or a leadership change occurs.

DISCUSSION:

The purpose of CFIT is to enhance the fact-finding process in cases of suspected child sexual abuse. The initiative aims to minimize the number of interviews conducted with child victims while encouraging interagency collaboration to support both criminal investigations and the effective delivery of social services.

The MOU defines various roles and responsibilities of the City, with key provisions outlined below:
 In relation to alleged crimes committed within the City's jurisdiction, initial interviews will be conducted by a Madera Police Department (MPD) detective B-13
 Attend monthly meetings to evaluate and enhance policies and procedures in alignment with the CFIT mission and objectives
 Coordinate and refine procedures to ensure the timely, thorough, and professional collection of physical evidence
 MPD detectives must complete a minimum of eight hours of CFIT-related training per year, subject to approval by MPD and City leadership
The MOU has been in effect since its adoption in 2021. However, due to recent leadership changes, all participating stakeholders must reaffirm their commitment to the agreement to maintain effective coordination and compliance with established protocols. It is important to note that the City’s roles and responsibilities, as outlined in the MOU, remain unchanged from its initial adoption in 2021 and are fully aligned with applicable MPD policies. The requested action authorizes the Chief of Police to execute the agreement on behalf of the City.

FINANCIAL IMPACT:

The MOU does not impose any financial obligations on the City. Investigating crimes are a standard responsibility of law enforcement and fall within the scope of routine police duties, rather than an additional extraordinary service.

ALTERNATIVES:

The City Council (Council) has the authority to deny the City’s participation in the Madera County CFIT MOU. However, such a decision may adversely affect the City's service delivery and its collaborative relationships with partnering agencies, as investigating child sex crimes will remain a standard law enforcement responsibility. Alternatively, the Council may direct staff to provide additional information for further consideration.

ATTACHMENTS:

1. Resolution
a. Exhibit A: CFIT Memorandum of Understanding
RESOLUTION NO. 25-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

APPROVING A MULTI-AGENCY MEMORANDUM OF UNDERSTANDING

ESTABLISHING THE CHILD FORENSIC INTERVIEW TEAM OF MADERA

COUNTY AND AUTHORIZING THE CHIEF OF POLICE TO EXECUTE THE

AGREEMENT
WHEREAS, in 2021, the City entered a multi-agency Memorandum of Understanding (MOU) in relation to Madera County’s Child Forensic Interview Team (CFIT); and WHEREAS, the change in agency leadership necessitates the reaffirmation by all participating stakeholders; and
WHEREAS, the language contained in the MOU pertaining to the roles and responsibilities of the City has remain unchanged from the original 2021 document; and WHEREAS, the City wishes to reaffirm the MOU, establishing its continued compliance with the guidelines established in the MOU.

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

1. The above recitals are true and correct.

2. The City Council approves the Child Forensic Interview Team Memorandum of Understanding, attached as Exhibit A.

3. The Chief of Police is authorized to execute the Memorandum of Understanding on behalf of the City.

4. This resolution is effective immediately upon adoption. * * * * * * * *
EXHIBIT
CFIT MOU Page 1 of 6

CFIT MEMORANDUM OF UNDERSTANDING
I. Mission Statement
The mission of the Child Forensic Interview Team (CFIT) of Madera County is to establish and promote a coordinated countywide, multidisciplinary approach to child sexual abuse investigations.

II. Purpose
The purpose of this understanding is to establish a countywide Child Forensic Interview Team (CFIT) for improving the fact-finding process in suspected child sexual abuse cases. Its goal is to reduce the number of interviews of a child victim as well as promote interagency cooperation between agencies for criminal investigations and for effective social service delivery.

III. Interagency Collaboration Agreement
A. Each party agrees to support the concept and philosophy of the Child Forensic Interview Team, a neutral, child-friendly site promoting the multidisciplinary approach to investigating child sexual abuse cases at Community Action Partnership of Madera County, Inc. – Child Advocacy Center and agrees that all efforts will be made to interview and meet withchildren.

B. Each party will devote sufficient staff and resources to maintain a team whose goalsare to facilitate the recovery of the child victim and further the prosecution of offenders on a case-bycase basis.

C. Each party agrees that initial interviews of children will be conducted by the agencies' investigating team whenever possible. Interviews involving the Madera Police Department, Chowchilla Police Department, or the Madera County Sheriff's Office will involve a detective whenever available. When said interviews are conducted at the Child Advocacy Center, they may be observed by the Deputy District Attorney, Department of Social Services, Child Advocacy Center personnel, and/or other professionals deemed appropriate by the members of the CFIT.

CFIT MOU Page 2 of 6
D. Each party agrees to coordinate and improve procedures for the timely, thorough, and professional gathering of physical evidence from child sexual abuse victims by trained physicians or nurse examiners in environments that will not add trauma to the childvictim.

E. The parties recognize the fact that each of them has a different role and specific responsibilities for the interviewing, investigation, treatment, prosecution, and support services in the handling of these cases. It is further recognized that a team approach is more conducive to the resolution of the problems presented by these cases than an individual agencyapproach.

F. The parties agree to meet once a month or at such intervals as may be agreed upon toattend Case Review Team Meetings for the purpose of reviewing specific cases, sharing relevant information, and recommending specific referrals. Involved agencies will also be expected to participate in an annual review of the protocol itself, examining its efficiency.

G. CFIT members are obligated to hold confidential information in the strictest confidence and not to disclose the information to any person or in any manner that is inconsistent with applicable policies and procedures.

H. CFIT protocol is to improve the investigation, documentation and prosecution of cases of child sexual abuse and exploitation, by establishing standards for the person who will conduct forensic interviews of the child victim and by establishing ongoing plans for the training of local professionals in methods that reduces trauma to the child victims.

I. All parties, in accordance with their individual agency's policies, agree to participate in ongoing training in the field of child abuse. Each CFIT member shall receive a minimum of eight (8) continuing education hours related to their discipline. Verification of continuing education will be submitted to the CAPMC – Child Advocacy Center within forty-five (45) daysof training taking place. A certificate stating the name of the training and the number of hours ortraining agenda will be considered appropriate verification.

J. Signed parties agree upon standards, annual reviews, and to commit to annual training for staff involved in the investigation of child sexual abuse.

K. The signing parties shall review this Agreement at least once a year.

L.This Agreement may be amended from time to time as the parties agree by approvalof twothirds (2/3) vote of the Steering Committee members. Each amendment will take into consideration the policies, standards, codes of conduct, and laws governing each party involved with this agreement.

CFIT MOU Page 3 of 6
IV. Administration
A. The overall administration responsibility will be with Community Action Partnershipof Madera County, Inc. – Child Advocacy Center. Community Action Partnership of Madera County, Inc. will be responsible for ensuring the implementation of the CFIT protocol.

B. Community Action Partnership of Madera County, Inc. – Child Advocacy Center will maintain a list of qualified Forensic Interviewers.

C. Based on funding, a Forensic Interviewer may be a contract employee with Community Action Partnership of Madera County, Inc. and compensation for their time and role will be defined in their contract. Law enforcement agencies may appoint a staff person to conduct Forensic Interviews. Compensation will be paid by the appropriate agency.

D. The agencies that participate in the investigation of child sexual abuse comprise the members of the Child Forensic Interview Team of Madera County who will function under their own departmental policies and regulations.

I. Application of the CFIT Protocol
The CFIT of Madera County will serve all children of Madera County, under the chronological age of 18, who are suspected victims of child sexual abuse, no matter what the circumstances are (in-home, out-of-home, or stranger assaults).

II. Forensic Medical Examination Costs
In regard to medical examinations, the purpose of which is the collection of evidence(such as collection of specimens for a rape kit or forensic medical examination), the law enforcement agency in the jurisdiction in which the alleged offense was committed that requests the examination, incurs the cost of the forensic medical examination only. These costs are not billed to the victim or the victim's family as provided by Penal Code Section13823.95.

CFIT MOU Page 4 of 6
The CFIT recommendation to an investigating officer that evidence gathering forensic medical examination occur does not constitute a directive to that officer or agency, nor does such a recommendation constitute an agreement by the CFIT (or any member thereof) to incur the cost of an evidence-seeking medical examination. If there is a determination by the District Attorney's Office that a medical examination is needed after the criminal charges are filed by Attorney, then the District Attorney's Office will request and pay for the examination. Valley Children's Hospital and/or the Community Regional Medical Center will not perform a forensic medical examination without authorization from law enforcement. This memorandum of understanding discourages duplication of forensic exams and forensic interviews. Each agency agrees to designate a procedure or process within their own agency for authorization and payment of the sexual abuse medical examinations conducted.

III. Approval and Adoption
WE RECOGNIZE AND SUPPORT the purpose of the Child Forensic Interview Team of Madera County to promote better investigation and prosecution of child sexual abuse and to lessen the trauma experienced by the victims of these acts.

WE APPROVE AND ADOPT the terms of the protocol, which we recognize as a living document subject to periodic review and modification by the members, and agree to comply with the terms of the protocol
WE AGREE to participate and take an active role in the Child Forensic Interview Team of Madera County. This Memorandum of Understanding will be effective April 1, 2025, and remain effective until March 31st, 2028.

Sally Moreno, District Attorney
Madera County
Date:

Tyson Pogue, Sheriff/Coroner
Madera County
Date:

CFIT MOU Page 5 of 6
Deborah Martinez, Director
Madera County Department of Social Services
Date:

Irene Blanco, Director Madera County
Department of Behavioral Health
Date:

Giachino Chiaramonte, Chief
City of Madera Police Department
Date:

Jeffery Palmer, Chief
Chowchilla Police Department
Date:

Sara Bosse, Director
Madera County Department of Public Health
Date:

Chris Childers, Chief
Madera County Department of Probation
Date:

CFIT MOU Page 6 of 6
Mattie Mendez, Executive Director
Community Action Partnership of Madera County, Inc.

Date:

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: March 5, 2025
_________________________________ Agenda Number: ___________ Will Tackett, Community Development Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Appointment to the Planning Commission
RECOMMENDATION:

Adopt a resolution approving the appointment of Abel Perez to the Planning Commission SUMMARY:

The City of Madera Municipal Code provides that the City of Madera Planning Commission (Commission) is comprised of seven (7) members. Each member of the City Council makes a nomination to be considered for approval of the City Council by resolution. At this time, Mayor Pro Tem Rodriguez (District 2 Councilmember) has nominated Abel Perez to the Planning Commission.

DISCUSSION:

The Commission is created in Chapter 1 of Title X of the City’s Municipal Code (CMC). The Commission is responsible for approving, conditionally approving or denying applications for certain tentative subdivisions and various planning entitlements, the consideration of appeals of administrative actions, as well as providing recommendations and respective reports on legislative and quasi-judicial actions to the City Council.

Pursuant to CMC § 10-1.02, the Commission shall consist of seven members who shall be appointed as provided in Chapter 1 of Title X of the CMC. Each Council Member, inclusive of the Mayor, shall nominate one person for each of the seven member Commission. All nominees shall be appointed upon adoption of a resolution of appointment approved by at least four members of the Council.

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

B-14
Table 1. Civil Service Commission Appointments
Commissioner Nominating Councilmember City Council District Timothy Riche Mayor Gallegos At-large Mayor
Robert Gran Jr. Councilmember Zacharia
(previously appointed by then-District 1
Councilwoman Gallegos)
District 1
Abel Perez Mayor Pro Tem Rodriguez District 2
Saim Mohammad Councilmember Montes District 3
Balwinder Singh Councilwoman Evans District 4
Joe Chavez Garcia Councilwoman Mejia District 5
Ramon Lopez-Maciel Councilmember Villegas District 6
At this time, Mayor Pro Tem Rodriguez is seeking approval from the City Council of the appointment of Abel Perez. Per the Municipal Code, this appointment will be for a term of four years or until the Council Member, inclusive of the Mayor, who nominated such Commissioner is no longer serving as a Council Member. 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 seek additional applications to serve on the Commission.

ATTACHMENTS:

1. Resolution

2. Volunteer application for Abel Perez
Attachment 1: Resolution
Resolution No. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

APPOINTING ABEL PEREZ TO THE CITY OF MADERA

PLANNING COMMISSION
WHEREAS,the City of Madera has created a Planning Commission (Commission) to serve in a volunteer capacity to fulfill the duties of the Commission as identified in the City of Madera Personnel Rules and Regulations and City of Madera Municipal Code; and WHEREAS, the Commission 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, Mayor Pro Tem Rodriguez (District 2 Councilmember) has nominated Abel Perez to the Commission for a term concluding December 4, 2028, or as otherwise provided in the City Municipal Code; and
WHEREAS, Abel Perez desires to serve on the Commission.

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 City Council appoints Abel Perez to the Planning Commission 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 Abel Perez

REPORT TO CITY COUNCIL
Approved by:
________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Establishing Madera as a Welcoming City
RECOMMENDATION:

Adopt a Resolution affirming the City of Madera’s commitment to being a welcoming, inclusive and supportive community for all residents
SUMMARY:

At the January 15, 2025, City Council meeting, Council directed staff to prepare an item discussing the City’s current policies on refugees, immigrants, and the use of City resources in light of recent executive orders expanding Immigration and Customs Enforcement (ICE) operations. During this meeting, staff outlined existing State laws, including limitations on cooperation with federal immigration enforcement, the City’s ongoing commitment to fostering a welcoming community, and options available to the City. Given Madera’s diverse population, recent developments in immigration policies have raised concerns among residents.

The City has long embraced the ideals of respect and inclusiveness for all residents, as evidenced by its previous adoption of a Resolution supporting the Dream Act and Deferred Act on Childhood Arrivals (DACA). However, the current national political discourse on immigration has led to fear and uncertainty among certain residents, with some expressing hesitation in communicating concerns and cooperating with law enforcement. In light of this, Council directed staff to prepare a Resolution affirming Madera as a Welcoming City.

DISCUSSION:

In 2018, the City unanimously adopted a resolution urging Congress to pass the Dream Act and the DACA (DACA) legislation. Currently, the City has not specifically made a declaration on the matter of “sanctuary cities.” While the definition of a sanctuary city varies, such policies aim to limit cooperation with federal immigration enforcement, particularly in cases where individuals are not accused of serious crimes. It is important to note that sanctuary city status does not Council Meeting of: March 5, 2025
Agenda Number: ____D-1_______
prevent federal immigration enforcement from operating within the City’s jurisdiction, nor does it shield undocumented residents from deportation by federal authorities. Rather, it primarily sets guidelines on how local resources, including law enforcement, engage with federal immigration authorities.

The recent political and legal climate has been rapidly evolving, especially with regards to public entities declaring themselves as sanctuary jurisdictions. For example, a recent Presidential Executive Order “American People Against Invasion” directs that those jurisdictions designated as Sanctuary Cities” status may be denied access to federal funds, including those that have been awarded but not disbursed. Additionally, the U.S. Attorney General and the Secretary of Homeland Security (DHS) have been given the discretion to pursue criminal or civil enforcement against jurisdictions that obstruct federal immigration law enforcement. These actions are being actively implemented. During the date of the last meeting, the U.S. Attorney General filed a lawsuit against the State of Illinois and the City of Chicago (including elected representatives) based on sanctuary city laws and policies. Thereafter, the Attorney General filed a lawsuit against the state of New York, its governor, and Attorney General, alleging a failure to comply with federal law by shielding illegal immigrants. Also charged is the commissioner of the New York Department of Motor Vehicles in connection with New York's Green Light laws, also known as the Driver's License Act, which allows illegal immigrants to get a driver's license.

To clarify, if the City designates itself as a “sanctuary” jurisdiction under current federal policies, it faces the potential risk of losing federal funding that supports critical initiatives, including infrastructure projects, public programs, law enforcement services, and other essential City operations. It could also result in litigation by the federal government. Finally, it could bring unwarranted additional attention to the community in the form of additional federal immigration enforcement efforts.

It is also important to note that regardless of local laws, federal immigration authorities are legally entitled to operate in any public space in the United States, including Madera, and in private spaces with a judicial warrant. Balanced against this are existing State laws currently allow limitations on cooperation with federal immigration authorities.

California Values Act (Senate Bill 54)
The California Values Act, effective January 1, 2018, is a California law that restricts local law enforcement cooperation with federal immigration authorities, except in cases involving serious or violent crimes. As a California municipality, the City is subject to SB 54, which specifically prohibits local law enforcement from using resources to investigate, question, detain, detect, or arrest individuals for immigration enforcement purposes. This includes:
 Inquiring about an individual’s immigration status.
 Detaining an individual solely based on immigration status.  Disclose information regarding a person’s custody release date or responding to requests for notification by providing release dates or other information unless that information is available to the public.
 Providing personal information about an individual, including, but not limited to, home address or work address unless that information is available to the public.  Making or intentionally participating in arrests based on civil immigration warrants.  Participating in immigration enforcement activities, such as sweeps or acting as immigration agents.

Community Concerns
During the public comment portion of the February 5, 2025 City Council meeting, several community members expressed heightened concerns for the City’s diverse population, including many ethnic minorities and foreign-born residents. During this same meeting, staff noted that ICE is a federal agency and operates independently of the City’s Police Department. In addition to the protections under State Senate Bill 54, the City does not disclose personal information unless required by law, provide access to non-public areas without a judicial warrant, or collaborate on ICE operations unless there is a direct and immediate threat to public safety.

Actions in Other Jurisdictions
Although several cities across California have taken action regarding local cooperation with immigration enforcement, there has been limited formal action on Sanctuary City status in most Central Valley jurisdictions. The following is a list of some local governments in California that have addressed this issue:
 City of Livingston – In 2017, became the first Central Valley City to declare itself a Sanctuary City by way of resolution.
 City of Huron - on January 15, 2025, Huron City Council adopted a Resolution declaring itself a Sanctuary City.
 City of Clovis - Following a push from Mayor Pro Tem Diane Pearce to declare Clovis a non-sanctuary city, City Council recently voted against placing the item on agenda; no official stance on the matter has been pursued.
 City of Huntington Beach - On January 21, 2025, Huntington Beach City Council approved a Resolution declaring itself a “Non-Sanctuary City for Illegal Immigration for the Prevention of Crime.”
 City of Los Angeles - In November 2024, the LA City Council approved an ordinance officially designating LA as a sanctuary city. The ordinance prohibits city resources, including property or personnel, from being used for immigration enforcement.
 County of LA - In September 2020, the County Board of Supervisors approved a motion permanently banning warrantless transfers of individuals in custody of the LA County Sheriff’s Department to immigration authorities. This policy remains in effect today.
 City of Glendale - In March 2017, the Glendale City Council adopted a resolution affirming a statement by the Chief of Police regarding the detention of individuals based on immigration status. This resolution affirmed that the Glendale Police Department does not have the authority nor the responsibility to incarcerate or detain individuals solely based on immigration status.
 City of Kerman – In January of 2025, the Kerman City Council adopted a resolution declaring itself a welcoming community.
 City of Fresno – The City of Fresno is not a sanctuary city.

Other jurisdictions in California that have taken action to designate themselves as sanctuary cities/counties include Berkeley, Long Beach, Oakland, San Diego, San Francisco, and Santa Ana. Alternatively, other cities and counties, including Orange County, Escondido, Newport Beach, and Santa Clarita, have expressed opposition to the State’s sanctuary laws.

Many other jurisdictions have not yet taken action to declare an official position.

Welcoming City Status
Welcoming or inclusive city and county policies vary between jurisdictions but are generally intended to foster trust between immigrant communities and local government, ensuring that all residents feel safe when reporting crimes or accessing public services. Several California municipalities have passed similar welcoming or inclusive policies including, the City of Kerman, City of Concord, City of San Jose, San Mateo County, City of Auburn, Redwood City, Riverside County, and City of Chula Vista.

Considerations
Compliance with Federal, State, and Local Laws
City officials and employees, including public safety employees, are required to take an oath to uphold the Constitution and the laws of the United States. Current State laws, along with Police Department policies and practices, align with the United States Constitution and federal immigration laws. However, implementing an ordinance or resolution that prohibits employees from following the law may create conflict in legal obligations. This scenario could subject employees to potential lawsuits as well as criminal prosecution.

In December 2024, America First Legal, a nonprofit organization run by an advisor to President Trump, notified sanctuary jurisdictions across the country, many in California, stating that local officials (elected and non-elected) may face personal liability (to include criminal sanctions) for non-cooperation with federal immigration enforcement. Letters were distributed to leaders in designated sanctuary jurisdictions, including the California Attorney General, the Los Angeles Mayor, LAPD and LA County Sheriff. On January 20, 2025, President Trump signed an executive order, American People Against Invasion, directing the Attorney General and the Secretary of Homeland Security to evaluate and undertake any lawful actions, criminal or civil, deemed warranted by a sanctuary jurisdiction’s practices that interfere with the enforcement of federal law. The issuance of this order was followed by a memorandum from the acting Deputy Attorney for the Department of Justice, Office of the Deputy Attorney General, on January 21, 2025, directing U.S. attorneys to investigate and potentially prosecute local officials who resist, obstruct, and otherwise fail to comply with lawful immigration-related commands or requests.

The executive order and directive set the stage for possible legal action against local officials in sanctuary jurisdictions that limit their cooperation with immigration enforcement officials, which has since been implemented.

Potential Impact on Federal Funding
The City receives federal funding, which is a critical component in supporting many of its programs, services, and capital improvement projects. An official designation as a sanctuary city may impact funding received from federal sources. In addition to potential civil and criminal action against local officials, President Trump’s January 20, 2025, executive order also directed the Attorney General and the Secretary of Homeland Security to evaluate and undertake any lawful actions to ensure that sanctuary jurisdictions do not receive access to federal funds. In 2017, during his prior presidential administration, President Trump issued a similar executive order aimed at withholding funds from cities that chose not to cooperate with federal immigration enforcement efforts. Although a federal judge ruled the prior executive order unconstitutional and blocked it with an injunction, the order caused delays in distributing some federal funding to designated sanctuary jurisdictions.

Other legal challenges to the federal government’s ability to withhold funding to sanctuary jurisdictions are ongoing. An official designation as a sanctuary city may delay, reduce, prevent, or discontinue federal funding to the City. This impact would be detrimental to various City operations and projects, significantly hindering the ability to provide critical services to members of our community.

Recent Developments
As noted, this matter continues to undergo dynamic shifts. On February 5, 2025, the U.S. Attorney General issued an order entitled, “Sanctuary Jurisdiction Directives, that:
 Ends funding to state and local jurisdictions that unlawfully interfere with federal law enforcement operations
 Requires the identification and evaluation of all funding agreements with nongovernmental organizations that provide support to illegal residents  Directs enforcement actions be pursued against jurisdictions that facilitate violations of federal immigration laws or impede lawful federal immigration operations.

On February 6, 2025, the Department of Justice (DOJ), under Attorney General Pam Bondi, filed its first lawsuit against Illinois, Cook County, and Chicago, challenging their sanctuary policies.

The DOJ argues that State and local laws, such as the Way Forward Act and the TRUST Act, are preempted by federal immigration law and unlawfully impede federal enforcement efforts. The TRUST act is similar to Senate Bill 54, California Values Act.

On February 12, 2025, the Trump administration announced that it filed a lawsuit against the State of New York and its governor, Kathy Hochul and Attorney General Leticia James, alleging a failure to comply with federal law by shielding illegal immigrants. Also charged is the commissioner of the New York Department of Motor Vehicles in connection with the State’s Green Light Laws, also known as the Driver’s License Act, which allows illegal immigrants to obtain a driver’s license. This Act is similar to California Assembly Bill 60, The Safe and Responsible Drive Act, signed by Governor Jerry Brown and is currently effective.

FINANCIAL IMPACT:

The financial impact of preparing this report and approving the attached resolution is minimal.

However, due to the evolving nature of federal policies, the potential financial implications of taking formal action remain uncertain and difficult to quantify.

ATTACHMENTS:

1. Resolution
01425.0001/1051266.1
RESOLUTION NO. 25-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, DESIGNATING THE CITY OF MADERA A WELCOMING CITY

FOR ALL, AND DECLARING THE CITY OF MADERA A PLACE OF TRUST AND

DIGNITY FOR ALL RESIDENTS
WHEREAS, the City of Madera recognizes its long and rich history of immigrants who have contributed to our local economy and have become leaders in agriculture, the military, education, business, healthcare, and other professions; and
WHEREAS, the City of Madera is a diverse City with many foreign-born residents, including undocumented immigrants, who face challenges with access to service and safety due to their status; and WHEREAS, immigrants, refugees, and other newcomers add significantly to the vitality of the state and national economies, with foreign-born workers representing close to 17 percent of the current U.S. labor force, and over 33.4 percent of business owners in California; and will account for over 85 percent of the net growth in the U.S. labor force over the next 20 years; and WHEREAS, the building of a welcoming community is fundamental to a vibrant and inclusive City of Madera, to assure immigrants, refugees, and other newcomers opportunities for economic security, empowerment, civic engagement, safety, and freedom from discrimination, oppression, and violence; and WHEREAS, many City of Madera residents. particularly undocumented individuals and mixedstatus families, are confused by the state of the law, including the role of the City in enforcement, and are experiencing fear and uncertainty due to ongoing changes in immigration policies; and WHEREAS, State law currently provides several protections including the Immigrant Worker Protection Act (AB 450), and the California Values Act (SB 54). This includes restrictions on local law enforcement to provide federal officers with certain information, and prevents arrest based solely on civil immigration warrants;
WHEREAS, in contrast federal law provides that unauthorized entry into the United States is unlawful, and executive order was recently enacted directing enforcement action against unlawfully present immigrants, etc.; and
WHEREAS, this has resulted in a chilling effect especially for victims from the immigrant members of the community, who are often afraid to report or seek assistance from local law enforcement due to their immigrant or perceived immigrant status; and
WHEREAS, while recognizing the sovereignty of the law, the City is a legally separate entity distinct from both the State and federal governments, and lacks authority over either the State or federal government; and
WHEREAS, notwithstanding the City has authority to provide police protection to all members of the community for the benefit of public safety; and
01425.0001/1051266.1
WHEREAS, the City simultaneously recognizes that we are one community in the City of Madera and all of our children, mothers, fathers, sisters, and brothers, regardless of immigration status, contribute to the social and economic fabric of this City; and
WHEREAS, ensuring the health and safety of all people regardless of their immigration status, through a dynamic and responsive process that respects the community’s diversity, is a shared responsibility of the City and other public agencies; and WHEREAS, the City Council wishes to make clear that the protections of the law apply to all members of the community, and that local law enforcement will help protect them from crime; and WHEREAS, a welcoming community also addresses language and cultural access barriers to services and participation in civic life, promotes coordination of services and resources for immigrants and refugees across all systems, champions cultural competence and understanding, and strengthens accountability to maintain the highest quality of services for immigrants and refugee communities; and WHEREAS, the City of Madera aspires to be a model for inclusion and equity for all populations, including immigrants and other newcomers, through its commitment to support the ongoing inclusion and long-term economic and social integration of newcomers.

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

1. The City Council declares and affirms that the City of Madera is a welcoming community, and declares itself a place of unity, trust, and dignity for all residents.

2. The City Council confirms that the City of Madera is committed to protecting all residents as authorized by law, and is focused on ensuring safety regardless of status or class. The Police Department’s focus is on community safety, not immigration enforcement. Any person, regardless of immigration status, can be safe to report crimes to local police, and should know that local police will help protect them from crime.

3. The City Council commits that staff or employees, including local law enforcement, will continue to treat all City residents with respect regardless of color, religion, sex, sexual orientation, marital status, immigration status, national origin, race, ethnicity, and/or English proficiency.

4. The City Council promotes the value among all residents of advancing efforts for integrating immigrant communities, recognizing that a community is strongest when everyone feels welcome.

5. The City Council supports efforts to bring the community together to build welcoming communities and provide all residents with the knowledge and tools to thrive and fully participate in their communities.
***********

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: March 5, 2025
_________________________________ Agenda Number: ___________ Wendy Silva, Director of Human Resources
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan (SETP) Update RECOMMENDATION:

Adopt a resolution approving the ADA SETP Update prepared by Sally Swanson Architects, Inc.

SUMMARY:

An ADA SETP evaluates how the City meets or does not meet the needs of all citizens through its facilities, policies, and programs, specifically focused on access for persons with disabilities. A completed ADA SETP ensures the City is in compliance with Title II of the ADA, as well as requirements for grant recipients of both the Federal Department of Transportation and California Department of Transportation. The last ADA SETP was a 3-year project that began in 2007 with adoption of that plan in 2010. While an ADA SETP is a living document that should be reviewed routinely, the plan adopted in 2010 was determined to be in need of a thorough revision and update. A Request for Proposals (RFP) was published in late-2020 in compliance with the City’s Purchasing Policy, with an agreement awarded to Sally Swanson Architects, Inc. (SSA), to provide the City with an updated ADA SETP. At this time, the final ADA SETP document has been compiled with all process steps completed, and staff is recommending adoption of the updated plan. SSA will be in attendance at the meeting to discuss the plan.

DISCUSSION:

The purpose of an ADA SETP is to evaluate how well the City meets the needs of citizens of all abilities through its facilities, policies, and programs. The self-evaluation portion includes assessing program accessibility, reviewing current City policies that affect the public, surveying facility access, evaluating sidewalks and curb ramps, evaluating public parking provided by the City, and evaluating City construction and design standards for public access areas such as sidewalks. The transition plan includes recommended actions to address any deficiencies noted through the self-evaluation process, with cost estimates prepared by the consultant.

D-2
ADA SETP Update Process
An update for the ADA SETP has been a priority item for the City’s ADA Advisory Council. Staff reviewed the purpose and scope of the SETP with the Advisory Council and used the ADA Advisory Council’s feedback to prepare an RFP for services to update the plan. The ADA Advisory Council participated in the RFP process, reviewing and scoring proposals, and making a recommendation on award of the agreement. Through this process, an agreement was awarded to SSA in 2021 to complete an update of the City’s ADA SETP. The agreement for services included a much more in-depth review of the City’s facilities and public rights-of-way than had been completed in the 2010 study. In September 2021, an initial public outreach meeting was held in conjunction with the ADA Advisory Council to introduce the ADA SETP update project to the public. Between 2021 and 2023, SSA gathered significant quantities of data and consolidated this information into reports for the City to review. After initial review by City staff, the draft document was published for 30 days on the City’s website, followed by a public input meeting hosted by the ADA Advisory Council. This draft publication and the public input meeting were advertised on the City’s website, through social media, and in the Madera Tribune. The draft document has remained on the City’s website should any member of the public wish to provide feedback prior to final adoption.

Figure 1. Print and social media advertising for public input ADA SETP Document
The updated ADA SETP as prepared by SSA is just under 10,000 pages. This data is published on the City’s website in pdf format. Staff has also been provided spreadsheets of the survey data as well as graphical information system (GIS) map layers by SSA. The ADA SETP includes several parts, further described below. A link to the ADA SETP document is provided as Exhibit 1 to the resolution contemplated with this report, with specific section page numbers noted below for ADA Self-Evaluation & Transition Plan
Public Outreach Meeting
Madera City Hall Council Chambers
205 W 4th Street • June 18, 2024 • 3:30 pm
The City of Madera hos released a Public Review Draft of the ADA Self-Evaluation & Transition Plan and we want your feedback.! Join the ADA Advisory Council in person or via Zoom to discuss the plan and share your comments. Can't make it? Email comments to [email protected] by June 17, 8:00 am.

Don't miss this opportunity to have your voice heard!
For more information or to view the draft, visit:
e madera.gov/ada
each element if viewing in the consolidated document. The document is also posted by section to allow for smaller downloadable file sizes.

1. Executive Summary (begins on page 5 of ADA SETP)
The Executive Summary introduces the plan, provides an overview of the process, and an overview of the survey results. It also includes the City’s implementation policy, prioritization criteria, and ADA grievance procedure. This grievance procedure is available to the public on the City’s website, specifically www.madera.gov/ada. The Executive Summary also designates the City Manager as having overall responsibility for the plan, the Director of Financial Services as having overall management of financial resources to support implementation, and the Director of Human Resources as the ADA Coordinator.

2. Self-Evaluation Report (begins on page 27 of ADA SETP) The Self-Evaluation Report describes in detail the process SSA led to evaluate the City’s programs, services, and activities. This included surveying staff and reviewing documents.

The survey results identify learning opportunities for City staff and are to be used as a resource to improve the City’s accessibility for persons with disabilities. For example, the survey asked individual departments if they had identified local resources that can provide auxiliary aids for communication. The City has auxiliary communication aids available, however the respondents were not aware and most answered “no.” This is an educational opportunity. As part of the agreement for services, SSA will provide City staff with a training session that will address these and other training opportunities identified in the self-evaluation.

3. Facilities Survey (begins on page 123 of ADA SETP)
SSA surveyed 39 City facilities, including City Hall, community centers, parks, and the Corporation Yard. The report assesses these facilities against current ADA standards. It should be noted that many of the City’s facilities were constructed prior to current ADA standards; facilities are required to be revised to meet current standards if they are remodeled or if newly constructed. Identified barriers to access must be evaluated for accommodation or removal if requested by the public to receive services. The facilities survey includes cost estimates for all identified barriers totaling $14,599,254.

4. Sidewalk Survey (begins on page 1,529 of ADA SETP)
Public sidewalks, when provided as a community amenity, must provide an accessible path of travel. To complete the sidewalk survey, SSA staff walked 185.6 miles of public sidewalks within City limits using special equipment to measure slope, lifts, and other barriers to accessibility. The survey report includes the estimated cost to mitigate all identified barriers, totaling $299,683,125.

Figure 2. SSA sidewalk survey

5. Curb Ramp Survey (begins on page 6,830 of ADA SETP)
Public sidewalks must have an accessible curb ramp to support accessible path of travel.

SSA surveyed all intersections within the City to determine if sidewalks existed, and if yes, were curb ramps installed and to current accessibility standards. All curb ramps were measured using a 2-foot level, consistent with current code. The report includes the estimated cost to mitigate all identified barriers, totaling $19,209,500.

6. Pedestrian Signals Survey (begins on page 9,733 of ADA SETP) This portion of the ADA SETP evaluates whether pedestrian signals throughout the City meet current accessibility standards. The report includes the estimated cost to mitigate all identified barriers, totaling $1,484,850.

7. Prioritization Criteria for Barrier Mitigation in Public Rights-of-Way (begins on page 9,885 of ADA SETP)
This portion of the ADA SETP explains the criteria used to set prioritization criteria for barriers in the public right-of-way.

8. Prioritization Criteria for Barrier Mitigation in Facilities (begins on page 9,905 of ADA SETP)
This portion of the ADA SETP explains the criteria used to set prioritization criteria for barriers in public facilities.

9. Public Comments (begins on page 9,911 of ADA SETP)
The final section of the ADA SETP documents the feedback received at the June 18, 2024, Public Outreach Meeting regarding the draft document.

In addition to the elements identified above as part of the ADA SETP document, SSA provided GIS mapping of the City’s existing streetlights at the same time they mapped the general sidewalk conditions. SSA provided the City with a spreadsheet and GIS map layer identifying all City street lights that were in place at the time of survey.

At this time, the updated ADA SETP is complete, meeting both federal and state requirements, and staff is recommending Council adopt the plan. The document is a living document and it will be the responsibility of staff to continually review and update information pertaining to the plan and barrier removal. For example, as construction projects occur either within City facilities or the public right-of-way, the plans should be reviewed to determine any identified barriers within or adjacent to the project site that can be mitigated through the project. Additionally, staff involved in the improvements will need to document the barrier mitigation.

FINANCIAL IMPACT:

As required under Title II of the ADA, the City must ensure all facilities, policies, and programs are accessible to persons with disabilities. The City is not required to continually remodel existing facilities as code standards change, however the City must make improvements if a facility is remodeled or newly constructed. The estimates provided in SSA’s report provide a snapshot in time of the estimated cost to upgrade all facilities and public amenities to current standards.

While this is not financially feasible, the City is committed to improving access for persons with disabilities. Table 1 identifies recent City projects in the Fiscal Year (FY) 2023/24 and 2024/25 adopted budget that demonstrate the City’s commitment to ADA improvements.

Table 1. City of Madera ADA Projects
Project Name FY 2023/24
Actual
FY 2024/25
Budget
CDBG Sidewalk and ADA Corner Ramp 288,240.95 211,759.00 CDBG Engineering Dept. Front Counter ADA Upgrades 5,809.53 19,191.00 ADA Walkability Sidewalks Program 80,000.00
2022-23 City Streets 3R & ADA Project 8,757.25 1,387,000.00 Concrete Project - Share Program 20,000.00
Schnoor Ave Sidewalk - Sunset to River 12,316.95 99,100.00 Washington School Sidewalks 16,855.62 33,050.00
Town & Country Park Connectivity Project 100,405.86 1,663,750.00 Pan American Center Doors ADA Compliance 30.75 100,000.00 Total $432,416.91 $3,613,850.00
Within the ADA SETP, the City must identify the person responsible for effectively controlling the City’s budget line items for ADA transition planning. This responsibility has been assigned to the Director of Financial Services, who will ensure financial resources are recommended for appropriation each FY in support of ADA SETP implementation, after consideration of available resources and priorities.

ALTERNATIVES:

Council may direct staff to revise the ADA SETP or conduct additional surveys.

ATTACHMENTS:

1. Resolution
a. Exhibit 1: Updated ADA SETP
Attachment 1: Resolution
Resolution No. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA
APPROVING THE UPDATED AMERICANS WITH DISABILITIES ACT SELFEVALUATION AND TRANSITION PLAN WHEREAS, the City of Madera is committed to ensuring City facilities, policies, and programs are accessible to persons of all abilities; and WHEREAS, in compliance with Title II of the Americans with Disabilities Act (ADA), the City has from time to time adopted ADA Self-Evaluation and Transition Plans, with the last plan adopted October 6, 2010; and
WHEREAS, the City engaged Sally Swanson Architects, Inc., in 2021 to prepare an updated ADA Self-Evaluation and Transition Plan; and
WHEREAS, Sally Swanson Architects, Inc., gathered data regarding existing City facilities, policies, and programs and has prepared an update of the City’s ADA Self-Evaluation and Transition Plan in collaboration with City staff, the City’s ADA Advisory Council.

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 2024 ADA Self-Evaluation and Transition Plan is approved, attached as Exhibit 1 and incorporated herein.

3. This resolution is effective immediately upon adoption. ********************
Exhibit 1: City of Madera 2024 Americans with Disabilities Act Self-Evaluation and Transition Plan
Link to consolidated document:
https://www.madera.gov/wp-content/uploads/2025/02/City-of-Madera-ADA-Self-Evaluationand-Transition-Plan-Final_Consolidated_Compressed.pdf The above linked document has been compressed, however the file size is still over 200 megabytes. To aid in accessibility across various devices, the document has been posted in sections at www.madera.gov/ada.

Change Order for the Avenue 13 Sewer Interceptor Rehabilitation Project, City Project SS-00014 for Excess Cleaning and Debris Removal
RECOMMENDATION:

Adopt a Resolution authorizing an increase in allowable contingence to approve a change order in an amount not to exceed $2,500,000 addressing excess cleaning and debris removal by SAK Construction, LLC, related to emergency repairs
SUMMARY:

The Avenue 13 sewer trunk main is now fully rehabilitated from Granada Drive to the Wastewater Treatment Plant (WWTP) located at Road 21½ and Avenue 13/Pecan Avenue. The work was completed under a contract with SAK Construction, LLC, (SAK). SAK mobilized immediately following the second collapse of the Avenue 13 trunk main near Granada Drive. The progress and scope of the work was significantly impacted by the sewer main collapses within the project limits. This resulted in several changes to the contract costs and original scope of work. The awarding resolution authorized contingencies in the amount of 20 percent of the original contract as approved by the City Engineer. Costs associated with debris removal and cleaning of the pipe in advance of installation of the cured-in-place-pipeline (CIPP) have been submitted by SAK that will exceed the allowable contingencies. As a result, staff are requesting that the City Council authorize additional contingenciesto allow for payment of the additional work by change order.

An emergency declaration was declared by the City, including an emergency waiver of public contracting requirements as authorized by Public Contract Code section 22050, and the Council authorized the emergency repairs to be done. This included emergency action taken by the City Manager related to the award of an emergency purchase orders and contracts without D-3
competitive bidding for the emergency repairs. The increased costs are largely related to providing these emergency repairs and additional work resulting from the sewer failures.

DISCUSSION:

The City hired MKN Associates (MKN) for engineering and construction management services for improvements to a 4.6 mile portion of the sewer interceptor along Schnoor Avenue, Union Pacific Railroad Spur Line, and Avenue 13 between Granada Drive and Road 21½ at the WWTP. The portion of the project along Avenue 13 moved forward to bidding for construction in April, 2024 and on May 22, 2024 four bids were received for the Project. The bids are outlined in Table 1 and SAK submitted the lowest responsive and responsible bid. The bids were received prior to the two catastrophic failures on the Avenue 13 sewer line that occurred on June 3rd and June 10th of 2024.

Table 1: Bid Overview
Bidder Total Base Bid

1. SAK Construction $8,328,452.00

2. Insituform Technologies, LLC $10,291,186.00

3. Lamassu Utility Services, Inc $11,377,197.49

4. Spinello Infrastructure West, Inc $12,187,830.00
Engineer’s Opinion of Cost $11,250,960.00
City Council (Council) awarded the Project to SAK Construction, LLC, on June 12, 2024 based on the bid submitted on May 22nd.

SAK started mobilizing for bypass pumping on June 10th, the night of the 2nd collapse.

Implementing the long-term bypass for the Project best accommodated the emergency repairs needed at both failure locations (performed by Floyd Johnston Construction). It also allowed SAK to concurrently schedule the CIPP lining for the sewer main alleviating the possibilities of future failures due to pipe condition. The south side of the roadway remained closed to any traffic following the collapses. There were several industries impacted by these closures and it was imperative that the roadway was opened in the Fall for the winery crush season. The CIPP lining was completed and Avenue 13 was opened to traffic in September.

Excess Cleaning and Debris Removal Proposed Change Order Figures 1 and 2 below illustrate the “before” and “after” conditions resulting from the cleaning and debris removal process. The “before” condition was not accounted for in the SAK bid and was likely caused by the sewer main failures and extremely compromised pipe, which shed cement and aggregate during the cleaning process. As a result, additional efforts were required to restore the system to an acceptable condition. Attached to this report is a letter from Kevin Norgaard, MKN & Associates, Design Engineer, providing background and justification for these additional efforts, along with cost estimates related to excess cleaning and debris removal in the sewer pipe. Please reference that letter for further details.

Figure 1 – Example of inside of pipe approximately 1/3rd full of debris prior to cleaning Figure 2 – Example of inside of sewer pipeline cleaned and ready for CIPP lining The change order amount of $2,500,000 represents the maximum reimbursement SAK could receive for costs incurred under this change order. This cap is based on daily labor, equipment, and material costs submitted by their subcontractors, Summit Pipelines and MPS, along with SAK’s own costs and allowable markups. Each submittal is undergoing review for accuracy and comparison with inspection records, and payment will not be finalized until all submittals have been reviewed and accepted. In no case will the payment exceed $2,500,000, and it may be lower following the review process.

The purpose of presenting this as a 'not-to-exceed' change order is to allow partial payments to SAK, as they have incurred these costs dating back to June 2024. Any cost savings identified after final reviews and negotiations will be addressed in a balancing change order Unavoidable and Unforeseen Conditions
The project was awarded with an allowance for changes up to 20 percent of the original contract amount, or $1,665,690.40 as outlined in Table 2.

Table 2: Project Amount as of June 12, 2024
Line Item Amount
SAK construction contract $8,328,452.00
Project contingency $1,665,690.40
Various related services $832,845.20
Total Project Budget $10,826,987.60
Due to the unavoidable and unforeseen conditions, the contingency allowance is anticipated to be fully expended outside of the proposed change order for excess cleaning and debris removal.

Typically, a project starts several weeks following project award. It allows contractors to plan and coordinate for efficient mobilization of manpower and equipment. The City’s request for SAK to mobilize immediately and assist with the emergency conditions was met without hesitation. Because SAK is a nationwide operation, it was necessary to redeploy manpower and equipment from other locations with it being delivered quickly, albeit at premium costs.

SAK’s subcontractor for pump bypass, MPS, mobilized first on-site. Their entire bypass plan for Phase I was created quickly and modified as needed requiring revisions to calculations and equipment to accommodate the fluid situation. MPS also provided an interim discharge connection solely for the emergency repairs.

The sewer main failures and subsequent repairs forced SAK to modify their approach to the CIPP lining for the first phase from Granada Drive to Road 24 creating delays and adding costs. The Phase I CIPP installation required multiple mobilizations due to schedule conflicts arising from the required accelerated mobilization.

Regarding changed material conditions, the existing pipeline had lost enough material on the inside of the pipes due to corrosion such that the inside diameter was, on average, two inches larger than the original pipe necessitating additional liner material. The bottoms (inverts) of the manholes were not visible during inspection for the design engineering phase. During the first phase of CIPP lining with the flows bypassed and exposing the entire manholes, it was observed they were in poor condition and needed to receive rehabilitation as well. Given the extremely deteriorated condition of the pipes that had been exposed the hydrogen sulfide gases, it was also recommended to rehabilitate the barrels of all the manholes with a protective coating thereby eliminating the potential for future issues.

Table 3 is a summary of potential change orders for the project that are covered by the original Project contingency. Many of the potential change orders are still under review and negotiation.

The figures in the table represent the maximum potential cost.

Table 3: Contract Potential Change Order (PCO) Summary
Item Maximum Cost
Accelerated Mobilization – most of this cost is related to set up of bypass pumping and a changed approach to the Phase I CIPP lining $385,500
Bypass Trench Realignment for Phase I Bypass Operation $80,000 Increase in CIPP lining material due to increased pipe diameter as a result of deterioration of interior of pipe
$155,550
Additional Bypass Operations for Phase 1 due to emergency repairs and changed conditions for CIPP installation
$220,000
Additional Roadway and Trench Restoration due to change in location of bypass trench from shoulder to middle of westbound lane $225,000
Costs associated with extended rental of trench plates due to bypass needs for emergency repair and delays in CIPP lining due to changed conditions $43,000
Add CIPP lining from last manhole to WWTP new Screen Facility (not in original scope)
$365,511
Rehabilitate All Manholes in Project Limits (not in original scope) $435,000 Credits for Changes in Project Scope and bid items not needed (railroad flagging, for example)
($243,200)
Total Pending PCO’s not including Cleaning and Debris Removal $1,666,361 Status of Project
The original contract work is substantially complete with the entirety of Avenue 13 from just west of Granada Drive to the WWTP receiving CIPP liner. It should be noted that the project remained on schedule throughout the course of work. There were two additions to the project scope to ensure the system was no longer compromised up to the new bar screen facility currently under construction. In August, a proposal to rehabilitate and apply a protective coating to all manholes was submitted and accepted assuring the entire system (pipeline and manholes) has the same remaining service life after the project and no further improvements will be needed. Similarly, the City requested a proposal to install CIPP liner in the remaining segment (approximately 330 feet) between the original project limits at the corner of Avenue 13 and Road 21 ½ and the new bar screen facility improvements at the WWTP. That proposal was accepted and the work recently completed with the final shot of CIPP lining.

Today, SAK is performing site clean-up and breaking down the bypass pump set ups. Bypass trenches in roadways are to be restored. The project will receive final inspections and SAK will need to address any punch list items. Concurrently, the project team of City staff, MKN & Associates, and SAK is finalizing project costs including contract work, adds to the contract, and claims from the Contractor. Once the punch list items are complete and final costs are calculated, a recommendation for acceptance and filing of a Notice of Completion will be scheduled for Council.

Table 4 provides a projection of final contract costs.

Table 4: Potential Project Contract Costs (1)
Amount
Budget as approved by Council on June 12, 2024
Original Contract Amount $8,328,452
Project contingency $1,665,690
Various related services $832,845
Subtotal $10,826,988
Contract Amendment being proposed as part of this item
Cleaning and Debris Removal Change Order $2,500,000
Total $13,326,988
Engineer’s Opinion of Cost of the Project Contract (2) $11,250,960 (1) All figures rounded to the nearest dollar
(2) Prior to June 2024 failures and emergency repairs

FINANCIAL IMPACT:

Funding for the change order for the Project is proposed from the unencumbered fund balance of FY 2024/25 Sewer Capital Outlay funds in the Sewer Enterprise Fund Account. However, this allocation will use up most of the available capacity in the budgeted capital outlay funds. Even with the addition of American Resue Plan Act (ARPA) funds, the failures in the Avenue 13 sewer trunk main have had a significant impact on the Sewer Fund’s reserves. The Sewer/WWTP projects programmed in the FY 2024/25 CIP to receive sewer funds identified in Table 5 below may be delayed in order to fund this overage in the Avenue 13 Project.

Table 5: Projects impacted by Avenue 13 Sewer Repair Rehabilitation Costs Project Sewer Funds
Programmed in CIP
S-000012 Schnoor Avenue Trunk Sewer System $1,150,000
SS-00008 2018 Sewer Manhole Project $200,000
SS-00011 Mainberry Sewer Project – Design $105,000
SS-00012 Doubletree Sewer Lateral Replacement $175,000
SS-00015 Sewer Lift Station R&R $200,000
S-STDY 1 Sewer System Cond Assess/Rehab $140,563
S-STDY-2 Sewer Asset Mgt. Software $75,000
S-VI-002 Sewer Line Video Inspection Services $695,000
WWTP23-04 WWTP Perimeter Fencing $348,000
Total $3,088,563
ALTERNATIVES:

1. Council could direct that General Fund monies be used to fund all or part of the Change Order. If Council directs General Fund monies be used to cover this Change Order, staff will return to Council at an upcoming meeting with a budget amendment to provide the necessary appropriations for this Change Order.

2. If Council elects not to approve the change order and/or the increase to the construction contingencies, Staff would request direction from Council as to additional information or action requested.

ATTACHMENTS:

1. Resolution

2. Letter from MKN
Attachment 1
Resolution
RESOLUTION NO. 25-_________

A RESOLUTION OF THE COUNCIL OF THE CITY OF MADERA, CALIFORNIA APPROVING CONTRACT CHANGE ORDER IN THE AMOUNT OF $2,500,000 FOR CLEANING AND DEBRIS REMOVAL OF THE AVENUE 13 SEWER
INTERCEPTOR REHABILITATION PROJECT SS-00014
WHEREAS, the City Council adopted Resolution 24-83 awarding a contract to SAK Construction, LLC,(Contractor) on June 12, 2024 for the Avenue 13 Sewer Interceptor Rehabilitation Project, City Project No. SS-00014, (Project); and WHEREAS, on June 3,2024 and again on June 10, 2024, the Avenue 13 sewer trunk main experienced catastrophic failures of the pipeline within the Project limits, which necessitated declarations of emergency by the City; and
WHEREAS, the Contractor mobilized immediately providing bypass pumping, coordinating with and around the emergency repairs, and ultimately completing the improvements for Project under changed and worsened conditions than existing at the time of bidding for the Project; and
WHEREAS, the awarding resolution authorized up to 20 percent construction contingencies as approved by the City Engineer; and
WHEREAS, costs associated with excess cleaning and debris removal requirements will surpass the approved construction contingencies.

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

1. The above recitals are true and correct.

2. The City Council approves an increase in allowable contingencies for a change order to the contract with SAK Construction, LLC, for the Avenue 13 Sewer Interceptor Rehabilitation Project in an amount not to exceed $2,500,000 related to cleaning and debris removal related to emergency repairs.

3. This resolution is effective immediately upon adoption. * * * * * * * *
Attachment 2
Letter from MKN
8405 N. Fresno Ste 120
559-500-4750 PHONE
February 27, 2025
City Council of Madera
City of Madera - Engineering
205 W. 4th Street
Madera, CA 93637
Re: Justification for $2,500,000 Change Order for Excess Cleaning and Debris Removal in Avenue 13 Sewer Rehabilitation Project
Honorable Members of the City Council,
We request your approval for a change order totaling $2,500,000 for additional cleaning efforts and debris removal associated with the ongoing sewer rehabilitation project. This change order is necessary due to unforeseen conditions encountered during the cleaning phase of the project, specifically involving the pipe failure and extensive deterioration of concrete sewer pipes.

Background
The purpose of the sewer rehabilitation project is to repair aging infrastructure by cleaning, inspecting, and rehabilitating deteriorated sewer mains. The cleaning part of the process includes removing debris, deteriorated pipe material, and other blockages to ensure the pipe is free of obstructions and abnormalities. Any obstructions or abnormalities that deformed the pipe shape by more than 10% compromise the pipe liner’s ability to maintain structural integrity.

During the cleaning operations, it became apparent that much more debris was generated than originally anticipated in the bid documents. The original estimate for debris was 30 cubic yards for the entire project. The amount of debris removed in phases 1 and 2 was 277.72 cubic yards; the estimated total debris for all four phases was 643.07 cubic yards. There are two significant sources of additional debris. First, a large amount of debris was washed into the pipe in June when the pipe failed in two different places, allowing large amounts of soil to wash into the pipe.

The second source is from the pipe material itself; the condition of the concrete sewer pipe is significantly more corroded than shown in the latest CCTV inspections. The high level of corrosion causes concrete pipe material to be dislodged during the cleaning process. This pipe material must then be removed and disposed of at a landfill.

City Council of Madera | 2
Justification for Additional Costs

1. Unforeseen Conditions:
o Initial condition assessments indicated the need for routine cleaning and debris removal. A sonar inspection was completed on a portion of the pipeline to validate that there were no excessive amounts of debris under the water level. However, the actual state of the concrete pipes was significantly worse, with advanced structural deterioration causing large amounts of pipe material to dislodge during the high pressure water cleaning. These conditions could not have been accurately assessed without initiating cleaning operations.

2. Increased Scope of Work:
o The unexpected volume of debris required additional labor, equipment, and time to ensure complete removal. Additional specialized cleaning equipment, such as highcapacity vacuum trucks, disposal bins, and water and sewer flushing trucks, were mobilized to handle the excessive material. The increased scope also necessitated the extension of work hours to prevent delays in project timelines. The contractor worked 24 hours a day and weekends during the cleaning activities, whereas their original plan was only to work weekdays for 12 hours.
o The additional cleaning operations extended the project timeline, requiring the bypass pumping system to remain operational longer than planned. The extended use of bypass equipment, additional fuel consumption, and labor hours contributed to the increased costs. The contractors originally submitted a schedule that included 56 days of bypass. Due to the extended duration of the cleaning process, the actual days of bypass were 83.

3. Mitigation of Environmental and Public Health Risks:
o If the accumulated debris within the sewer system is not removed, it would pose significant risks, including liner deformation, compromised liner structural integrity, blockages, sewer overflows, and environmental contamination. Timely removal of this debris is critical to maintaining the project schedule, maintaining the integrity of the sewer system, and preventing potential public health issues.

4. Cost Implications Without Change Order:

City Council of Madera | 3
o Failing to address these conditions would have compromised the entire sewer rehabilitation project’s success. The liner could not have been installed correctly, and the debris would have been flushed through the sewer main, ending up at the wastewater treatment plant. The wastewater treatment plant is not designed to accommodate the large amounts of debris. Addressing the debris removal now ensures long-term pipe integrity and system reliability.

Conclusion
The unforeseen conditions encountered during the sewer rehabilitation project are directly tied to the pipe failures and advanced deterioration of the existing pipe, which necessitated this additional work. Approving this change order will allow the reimbursement of the Contractor for this unforeseen Work. This work ultimately safeguards the city's infrastructure, minimizes environmental risks, and prevents more costly interventions in the future.

We respectfully request your approval of this $2,500,000 change order to address the excess debris removal.

Sincerely,
Kevin L. Norgaard, PE
Principal Engineer
MKN & Associates
Madera City Council Meeting
March ϱ, 202ϱ
Agenda Item: E-1
Select Recipient for the Proclamations in the Month of pril Recommendation: Request for Council͛s Selection of a Recipient for the Proclamation Recognizing Seǆual Assault Aǁareness Month and a Proclamation Recognizing Eational solunteer ay (Report by Alicia Gonzales)
There is no written report for this item.

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: March 5, 2025
_________________________________ Agenda Number:

Michael Lima, Director of Financial Services
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Informational report on the Madera Metro Transit System RECOMMENDATION:

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

This report provides an overview of the City’s transit system performance for the 2nd quarter of Fiscal Year 2024/25, covering the months of September, October, and December. Data indicates a decrease in ridership compared to the 1st quarter of the fiscal year.

To enhance service for residents and ensure compliance with the Americans with Disabilities Act (ADA), bus stop improvement plans were finalized. Additionally, several key initiatives to improve transit services were initiated, advanced, or completed during this period, reflecting the City’s continued commitment to strengthening public transportation.

DISCUSSION:

Madera Metro is the City’s public transportation system. The system is comprised of an 18-bus fleet, with 12 buses dedicated to Fixed Route and 6 assigned to Dial-A-Ride (DAR). The DAR system includes three ADA Paratransit vans to ensure accessible transit options for individuals with disabilities. Notably, the Fixed Route service is free to all riders, while DAR passengers between 18-59 pay $3.

For background, the City entered into an Agreement for the Management and Operation of the Madera Transit Services with MV Public Transportation, Inc. (MVPTI) on November 7, 2018. A subsequent Lease Agreement, approved by Council on September 2, 2020, grants MVPTI use of E-2
the Transit Center at Freedom Industrial Park. MVPTI manages daily operations of the Fixed Route, DAR, and ADA Paratransit systems, while City staff oversee essential vehicle maintenance, including engine repairs.

As the community's transportation needs evolve, so does the City’s transit system. Staff continuously monitors ridership and continually assesses the need to adapt services accordingly.

Projects are also underway to support an efficient Madera Metro transit system.

Madera Metro Reporting
As part of its management responsibilities, MVPTI provides the City with monthly performance reports, which are key for assessing transit service effectiveness. Among key data is ridership.

Table 1 summarizes the weekday ridership data collected between October 1 and December 31, 2024. Weekend ridership counts are also collected. Table 2 provides a summary of this data.

Table 1: Quarter 2 Summary of Weekday Ridership (October 1 – December 31, 2024) Month
Route

DAR ADA/
Paratransit
Total
Passenger
Counts 1/Purple 2/Orange 3/Green 4/Blue
October 2,484 1,669 1,653 228 1,387 232 7,653
November 2,211 1,412 1,125 235 1,178 171 6,332
December 2,181 1,467 804 185 912 131 5,680
Total 6,876 4,548 3,582 648 3,477 534 19,665
Fixed Route
Only Total 15,654
Table 2: Quarter 2 Summary of Weekend Ridership (October 1 – December 31, 2024) Month
Route

DAR ADA/
Paratransit
Total
Passenger
Counts 1/Purple 2/Orange
October 202 134 62 0 398
November 293 185 90 0 568
December 284 160 81 6 531
Totals 779 479 233 6 1,497
Fixed Route
Only Total 1,258
For comparison, the ridership totals for Quarter 1 during FY 2024/25 were 24,594, while the ridership totals for Quarter 2 were 21,162. MVPTI management has expressed to City staff that they believe the ridership decrease between Quarter 1 and Quarter 2 can be attributed to the winter closure at the Madera Community College. ,owever, passenger counts increased between FY 2023/24 Quarter 1 and Quarter 2: the same time period when winter closure occurred last fiscal year. Staff will be following up with MVPTI management to determine additional causes for the decline.

Table 3: Year-to-Date Summary of All Ridership (July 1 – December 31, 2024) Month
Route

DAR ADA/
Paratransit
Total
Passenger
Counts 1/Purple 2/Orange 3/Green 4/Blue
July 3,341 2,146 430 253 1,239 2 7,411
August 3,025 2,540 781 179 1,523 0 8,048
September 2,495 2,068 1,269 198 1,440 190 7,660
October 2,686 1,803 1,653 228 1,449 232 8,051
November 2,504 1,597 1,125 235 1,268 171 6,900
December 2,465 1,627 804 185 993 137 6,211
Totals 16,516 11,781 6,062 1,278 7,912 732 44,281
Fixed
Route
Only Total
35,637
Between July 1, 2023 and December 31, 2023, Madera Metro served 52,336 passengers.

The ridership total for the same time period this fiscal year is 44,281. The difference is a

15.4% decrease in ridership (8,055 passengers) DAR has seen an increase of 400 passengers in the first half of this fiscal year compared to the first half of last fiscal year, while Fixed Route has experienced a decrease of 8,455 passengers over the same time period. It must be pointed out that the Fixed Route service changed between fiscal years. Last year, there were three routes running in the first six months of last fiscal year, while there were four routes running in the same time period this fiscal year.

In addition to ridership data, staff reviews other performance measures, including on-time performance, fleet performance, driver retention, accidents/incidents, and complaints. Table 4 provides a summary of on-time performance as reported by MVPTI.

Fleet Performance, Driver Management, and Customer Feedback MVPTI provided the following updates regarding fleet performance, driver issues, and customer feedback for the reporting period:
 Fleet Performance: There were no mechanical failures during the quarter.  Driver Management: Three new hires were integrated into the routes.  Customer Feedback: No incidents, or service-related issues were reported. City staff received one phone call reporting a passenger’s inability to connect with a dispatcher and schedule a reservation. Staff notified MVPTI and was informed that only one dispatcher is available at certain times of the day. After meeting with MVPTI management in September 2024, it was agreed upon that additional MVPTI staff would be cross-trained to prevent this scheduling difficulty.

These metrics contribute to an ongoing assessment of service quality and operational efficiency, ensuring that Madera Metro maintains high fleet reliability and customer experience standards.

Expenditures
The City spent $558,783.87 for Fixed Route service and $401,885.39 for DAR during the second quarter of FY 2024/25. During the reporting period, transit-related expenditures were paid using Federal Transit Administration (FTA) grant funds and State transportation funds, including State Transit Assistance (STA) and Local Carbon Transit Operations (LCTOP).

Madera Metro Special Events
Madera Metro provides transit support for various City-sponsored events throughout the year, assisting with transportation for event participants. On December 20, 2024 Madera Metro dispatched 10 transit buses to support the popular Jolley Trolly community event.

Madera Metro Marketing Effort
Several marketing methods are used to provide the public with up-to-date information. These include recurring social media posts related to fare and schedule information, in-person meetings, bus postings, and information shared through community partnerships. During the second quarter, the following marketing took place:

Table 4: Quarter 2 On-Time Performance (October 1 – December 31, 2024) October November December
Fixed Route 89% 89% 100%
Dial -A-Ride 98% 97% 98%

1. Social media posts announcing updated holiday service hours. The following holidays impacted service: Columbus Day, Veterans Day, Thanksgiving, and Christmas. The public was notified through social media as well as bus postings.

2. Flyers with fare details were provided to the Madera Food Bank for their Thanksgiving and Christmas food box distributions.

3. Staff met with the Madera Unified School District Director of Community Services, Eli Medina, to share route and fare information.

Federal Transit Administration (FTA) 2024 Triennial Review The FTA’s Triennial Review of the City occurred on August 20 - 21, 2024. A final report was provided to the City on November 21, 2024. Although not an audit, the Triennial Review is required by U.S.C. 5307 (f)(2). It is the FTA’s assessment of the City’s compliance with federal requirements in 23 areas. In short, all of the findings have been addressed, with the exception of one which will be addressed in the next few weeks. Table 5 provides details related to the deficiency findings and the status of the City’s compliance.

Table 5: Summary of Findings: 2024 FTA Triennial Review Review Area Finding Description Staff Response
Financial
Management
and Capacity
Funds not disbursed timely. Awards management policy updated.

Verification submitted.

Technical
Capacity –
Award
Management
Milestone Progress Reports
(MPR) lack the required
information. Inactive
award/untimely closeouts.

Updated MPR and Award Closeout
Plan procedures and submitted
verifications.

Technical
Capacity –
Project
Management
Inadequate oversight of transit
management
contractor(s)/lessee(s)
Transit Services Procedure submitted.

Transit Asset
Management
(TAM)
Performance targets not set
annually
The TAM Plan was updated and
submitted along with Council
resolution
Maintenance Accessibility features not
maintained
Transit Facilities & Equipment
Maintenance Policy was updated.

Verification submitted.

Procurement Lacking required justification(s)
and documentation for
noncompetitive award(s)
Verification of procurement
procedures training submitted.

Disadvantaged
Business
Enterprise (DBE)

1. Insufficient resources to
administer the DBE
program
Draft memo of corrective action
requirements is being reviewed.

2. DBE goal not submitted  The calculation of the DBE
percentage goal has been
determined to be 3%.
 A consultation with potential DBEs
will be scheduled and the DBE goal
will be posted on the City’s Madera
Metro website.
 This goal will be achieved by March
21, 2025.

3.DBE uniform reports
contain inaccuracies
and/or are missing
required information
DBE uniform reports are updated and
submitted.

4. Insufficient documentation
of monitoring DBE
compliance of contractors
DBE Program Goal procedures
updated and submitted.

Americans with
Disabilities
(ADA) General
Insufficient oversight of
contracted service for ADA
requirements
ADA Contract Monitoring Procedures
and verifications submitted
ADA –
Complimentary
Paratransit

1. Presumptive eligibility
deficiencies
Transit Services Oversight Procedures
submitted.

2. Eligibility letter deficiencies Transit Services Oversight Procedures submitted. Updates to the eligibility
letter are in progress.

3. Eligibility appeals process
not properly implemented
Transit Services Oversight Procedures
submitted. Updates to appeals process
letter are in progress.

4. Service to visitors not
provided under same
conditions as eligible riders
ADA Complementary Paratransit
Visitor Policy and updated Rider’s
guide submitted.

5. Limits or capacity
constraints on ADA
complementary paratransit
service
Transit Services Oversight and monthly
data spreadsheet submitted.

6. Insufficient oversight of
contractors/other private
entities providing ADA
complementary paratransit
ADA and Transit Services Oversight
Procedures submitted. Staff
participated in ADA training on
12/19/24. Certification submitted.

Madera Metro Project Updates
Several transit-related projects aimed at enhancing Madera Metro’s services are currently in progress. These initiatives focus on improving service quality, accessibility, and efficiency to better serve the Madera community. Table 6 provides a detailed status update on each project:

Staff acknowledges a delay in releasing the Transit Operator RFP. Responding to the FTA’s Triennial Review deficiency findings impacted staff’s time to dedicate to the RFP. However, drafts of the RFP and all attachments are being finalized for release to potential vendors this month.

FINANCIAL IMPACT:

The Madera Metro public transit service is funded by Federal and State grants, including Measure T. The preparation of this report does not have a direct financial impact other than the staff time dedicated to complete it.

ALTERNATIVES:

This item is for informational purposes only. There is no action being requested from Council on this item.

Table 6: Summary of Madera Metro Project Progress
Item Project Progress Next Steps
Madera Transit
Plan
New bus stop signage has been
received.

1. New signage has been installed at
all bus stops.

2. All inactive bus poles have been
removed.

3. Solar lighting installation at all
stops (without a shelter) is in
progress. Completion expected
by June 30, 2025.

Renovation of
the Intermodal
Transit Facility
This project remains in Phase III
– Construction Documents.

In progress. Building Plans are
currently being review by City staff.

Completion of Phase III and begin
Phase IV – Bidding and Construction
Administration by May 1, 2025.

Micro-transit
Feasibility Study
Staff developed a Micro-Transit
Feasibility Study Request for
Proposals (RFP).

The RFP closed on February 7, 2025.

Four proposals were received. Staff
will begin the evaluation phase in
February. Anticipated contract
award June 2025.

Transit Operator Staff is finalizing a transit
operator RFP.

Finalize the draft and release the
RFP in March 2025.

Madera City CouncilMarch 5, 2025

Madera City Council
March 5, 2025