Agenda packet — Madera City Council, April 2, 2025

Update 3/27/2025 at 4:17 p.m. Madera City Council Agenda Page 1 of 5 April 2, 2025

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

NOTICE AND AGENDA
Wednesday, April 2, 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: 856 2603 0544 #. 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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This meeting is also being conducted by teleconference at the following location:

OYO Posada Santa Cecelia
Constitucion 4, Zona Centro
99300 Jerez de Garcia Salinas, Zacatecas
Mexico
Councilmember Artemio Villegas will participate via that teleconference location. The teleconference location is open to the public and any member of the public has an opportunity to address the City Council from the teleconference location in the same manner as if that person attended the meeting at City Hall. The City Council will control the conduct of the meeting and determine the appropriate order on public comments from the teleconference location. All votes during the meeting shall be by roll call.

Update 3/27/2025 at 4:17 p.m. Madera City Council Agenda Page 2 of 5 April 2, 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: Pastor Roger Leach, Valley West Christian Center PLEDGE OF ALLEGIANCE:

APPROVAL OF AGENDA:

PRESENTATIONS:

1. Proclamation Recognizing April as Sexual Assault Awareness Month PUBLIC COMMENT:

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

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

A. PUBLIC HEARINGS: None
B. CONSENT CALENDAR:

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

B-1 Minutes – March 19, 2025
Recommendation: Approve the City Council Minutes of March 19, 2025 (Report by Alicia Gonzales)
B-2 Informational Report on Register of Audited Demands Recommendation: Review Register of Audited Demands Report for March 8 to March 21, 2025 (Report by Michael Lima)
B-3 Transportation Art Maintenance Agreement with the Department of Transportation for the Block Wall Enhancement Project
Recommendation: Adopt a Resolution Approving a Transportation Art Maintenance Agreement (TAMA) with the Department of Transportation (Caltrans) for the Block Wall Enhancement Project (Report by Joseph Hebert) B-4 Madera County Department of Child Support Services Fee Waiver Request for the 3rd Annual Kickball Charity Tournament Event
Update 3/27/2025 at 4:17 p.m. Madera City Council Agenda Page 3 of 5 April 2, 2025
Recommendation: Adopt a Resolution Waiving the Rental Fees of the Sunrise Rotary Sports Complex on May 24, 2025, related to the 3rd Annual Kickball Charity Tournament Event Hosted by the Madera County Department of Child Support Services, at an Anticipated Fee Rental of $437.50 (Report by Joseph Hebert)
B-5 Resolution Authorizing the Filing of Applications with the Federal Transit Administration (FTA)
Recommendation: Adopt a Resolution Approving the City Manager or their Designee the Authority to Submit and Execute FTA Applications on behalf of the City of Madera (Report by Michael Lima)
B-6 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 121 West Dunham Street (APN 012-054-013) (Report by Keith Helmuth)
B-7 Right of Entry Agreement with Union Pacific Railroad Company for the Installation of an Electrical Service for City Project R-10, Olive Avenue Widening Recommendation: Adopt a Resolution Approving a Right of Entry Agreement with Union Pacific Railroad Company (UPRR) for the Installation of Electrical Service Conduit within UPRR Right of Way Related to the Olive Avenue Widening Project (Report by Keith Helmuth)
B-8 Appointment to the Community Development Block Grant Commission Recommendation: Adopt a Resolution Appointing Stevie Wright to the Block Grant Commission (BGC) (Report by Michael Lima)
B-9 Caltrans Highway Project 06-0Y180 on State Route 145 in Madera County Agreement for the Adjustment of Manhole and Valve Covers
Recommendation: Adopt a Resolution Approving Agreement for the Adjustment of Manhole and Valve Covers (Report by Keith Helmuth)
C. WORKSHOP: None
D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS:

D-1 Appointment to the Civil Service Commission
Recommendation: Adopt a Resolution Approving the Appointment of John Jasper to the Civil Service Commission (Continued from March 19, 2025) (Report by Wendy Silva)
E. ADMINISTRATIVE REPORTS:

E-1 Quarterly Board, Commission, and Committee Attendance Recommendation: This report is submitted for informational purposes only and there is no action requested from the City Council (Report by Arnoldo Rodriguez) E-2 Select Recipient for the Proclamations in the Month of May Recommendation: Request for Council’s Selection of a Recipient for the following:

Update 3/27/2025 at 4:17 p.m. Madera City Council Agenda Page 4 of 5 April 2, 2025

1. Proclamation Recognizing Foster Care Awareness Month

2. Proclamation Recognizing Relay for Life Weekend

3. Proclamation Recognizing Letter Carrier’s Stamp Out Hunger Food Drive Day (Report by Alicia Gonzales)
E-3 Fiscal Year 2024/25 Revenue and Expense Update
Recommendation: This report is submitted for informational purposes only and there is no action requested from the City 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, Michael Lima, 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
UPCOMING MEETING DATES:
▪ Wednesday, April 16, 2025
▪ Wednesday, May 7, 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 Update 3/27/2025 at 4:17 p.m. Madera City Council Agenda Page 5 of 5 April 2, 2025
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.
▪ 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 April 2, 2025, near the front entrances of City Hall and on the City’s website www.madera.gov at 4:50 p.m. on March 27, 2025. _______________________
Alicia Gonzales, City Clerk

Minutes of a Regular Meeting of the Madera City Council and Minutes of a Special Meeting of the Madera City Council as the Groundwater Sustainability Agency March 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 Cece Gallegos
Mayor Pro Tem Jose Rodriguez, District 2
Councilmember Rohi Zacharia, District 1
Councilmember Steve Montes, District 3
Councilmember Artemio Villegas, District 6

Absent: 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 Information Technology Gary Price, Director of Parks and Community Services Joseph Hebert, Chief of Police Giachino Chiaramonte, Deputy City Engineer Ellen Bitter, Assistant Engineer Jonathan Gramajo, Administrative Analyst I (Engineering) Nicole Say and Communication Specialist Joseph Carrello.

INVOCATION: Rev. Joseph Alicea, Awaken Church of God
PLEDGE OF ALLEGIANCE: Mayor Pro Tem Rodriguez
APPROVAL OF AGENDA:

ON MOTION BY MAYOR PRO TEM RODRIGUEZ AND SECONDED BY COUNCILMEMBER MONTES, THE AGENDA MOVING ITEM E-1 TO THE TOP OF THE AGENDA AFTER PUBLIC COMMENT WAS APPROVED BY A 5/0 VOTE. ABSENT: COUNCILMEMBERS EVANS AND MEJIA.

PRESENTATIONS: None
PUBLIC COMMENT:

The Council is prohibited by law from taking any action on matters discussed that are not on the agenda, Item: B-1
Minutes for: 03/19/2025
Adopted: 04/02/2025
City of Madera City Council Minutes
205 W. 4th Street March 19, 2025
Madera, CA 93637 Page 2 of 7
and no adverse conclusions should be drawn if the Council does not respond to public comment at this time.

Meghan Oxelson stated that tomorrow is Incredible Kid Day and they will be hosting a dinner to celebrate children. She invited Council to write a note to a special child in their lives or community. Mayor Pro Tem Rodriguez recognized her for her contributions.

City Clerk Alicia Gonzales stated that Council had received one (1) written comment which had been distributed to Council prior to the meeting and copies were available at the podium for anyone who wanted to read it.

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

Mayor Gallegos called Item E-1 for discussion.

A. PUBLIC HEARINGS: None
B. CONSENT CALENDAR:

Matters listed under the Consent Calendar are considered routine and will be enacted by one motion and one vote.

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY MAYOR PRO TEM RODRIGUEZ, THE CONSENT CALENDAR WITH ITEM B-10 PULLED FOR DISCUSSION WAS APPROVED BY A 5/0 VOTE. ABSENT: COUNCILMEMBERS EVANS AND MEJIA.

B-1 Minutes – March 5, 2025
Recommendation: Approve the City Council Minutes of March 5, 2025 (Report by Alicia Gonzales)
B-2 Informational Report on Register of Audited Demands Recommendation: Review Register of Audited Demands Report for February 22 to March 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 (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 Surplus Property Disposal
Recommendation: Adopt a Resolution Declaring Certain Property as Identified on the Surplus Property List to be Surplus in Accordance with Best Practices and City Policy (Report by Michael Lima)
RES 25-54 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA APPROVING

THE DECLARATION CERTAIN PROPERTY TO BE SURPLUS AND SOLD AT

AUCTION
B-6 Amendment to the Applications for Transportation Development Act (TDA) – Local Transportation Funds (LTF) and State Transit Assistance (STA) Funds for Fiscal Year (FY) 2024/25
City of Madera City Council Minutes
205 W. 4th Street March 19, 2025
Madera, CA 93637 Page 3 of 7
Recommendation: Adopt a Resolution Approving the Amendment to the Applications for TDA - LTF and STA Funds for FY 2024/25 and Authorize the City Engineer to Execute and Submit the Applications to the Madera County Transportation Commission (MCTC) (Report by Keith Helmuth) RES 25-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA APPROVING AMENDMENTS TO THE APPLICATIONS FOR TRANSPORTATION DEVELOPMENT ACT (TDA) – LOCAL TRANSPORTATION

FUNDS (LTF) AND STATE TRANSIT ASSISTANCE (STA) FUNDS FOR FISCAL YEAR (FY) 2024/25 AND AUTHORIZING THE CITY ENGINEER TO EXECUTE

AND SUBMIT THE APPLICATIONS TO MADERA COUNTY

TRANSPORTATION COMMISSION (MCTC)
B-7 Notice of Completion for the Sunrise Rotary Sports Complex New Playground Project Recommendation: Approve Minute Order Approving:

1. Acceptance of the New Playground Installation at Sunrise Rotary Sports Complex, located at 1901 Clinton Street, Madera, CA 93638; and

2. The Recording of Notice of Completion; and

3. The Release of Retention 35 days after the Recording of the Notice of Completion (Report by Joseph Hebert)
B-8 Second Reading and Adoption of 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 Adopt 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) by title only (Report by Will Tackett)
ORD 1016 C.S. 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)
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 415 Amerine Avenue (APN 009-073-020) (Report by Keith Helmuth) RES 25-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

APPROVING AN AGREEMENT FOR THE PURCHASE OF AN EASEMENT AT 415 AMERINE AVE, MADERA, CA 93637 (APN 009-073-020)
City of Madera City Council Minutes
205 W. 4th Street March 19, 2025
Madera, CA 93637 Page 4 of 7
B-10 Appointment to Civil Service
Recommendation: Adopt a Resolution Approving the Appointments of Gloria Toscano and John Jasper to the Civil Service Commission (Report by Wendy Silva) Mayor Gallegos nominated John Jasper to represent District 6 in the Civil Service Commission.

Councilmember Villegas 6 indicated he was not aware that he needed to appoint anyone to the Commission, but he has a nomination, and he has submitted that application. Mayor Pro Tem nominated Mr. Jasper to represent District 2 in the Civil Service Commission.

Karen Huerta of District 6 spoke in favor of Mr. Jasper representing District 6 in the Civil Service Commission.

Sally Bomprezzi, a former Councilmember, spoke in favor of Mr. Jasper representing District 6 in the Civil Service Commission.

Michelle Garcia spoke in favor of Mr. Jasper representing District 6 in the Civil Service Commission.

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

MOTION BY MAYOR PRO TEM RODRIGUEZ NOMINATING JOHN JASPER TO REPRESENT DISTRICT 2 IN THE CIVIL SERVICE COMMISSION WHILE ALLOWING COUNCILMEMBER VILLEGAS TO NOMINATE A CANDIDATE FOR DISTRICT 6. MAYOR GALLEGOS DID NOT ACCEPT THE NOMINATION. MOTION FAILED.

ON MOTION BY MAYOR GALLEGOS AND SECOND BY COUNCILMEMBER MONTES TO APPROVE ITEM B-10 AS PRESENTED FAILED BY A 3/2 VOTE. ABSENT: COUNCILMEMBERS EVANS AND MEJIA.

City Attorney Shannon L. Chaffin indicated that for a motion on this item to pass, it needed four (4) yes votes.

THE MOTION FAILED WITH THE FOLLOWING VOTE:

YES: 3 - COUNCILMEMBER ZACHARIA

COUNCILMEMBER MONTES

MAYOR GALLEGOS
NO: 2 - MAYOR PRO TEM RODRIGUEZ

COUNCILMEMBER VILLEGAS

ON MOTION BY MAYOR GALLEGOS AND SECONDED BY COUNCILMEMBER MONTES, TO APPROVE THE DISTRICT 5 NOMINATION (MS. TOSCANO) AND CONTINUE THE NOMINATION OF DISTRICT 6 TO THE NEXT COUNCIL MEETING FAILED BY A 3/2 VOTE. ABSENT:

COUNCILMEMBERS EVANS AND MEJIA.

THE MOTION FAILED WITH THE FOLLOWING VOTE:

YES: 3 - COUNCILMEMBER ZACHARIA

COUNCILMEMBER MONTES

MAYOR GALLEGOS
NO: 2 - MAYOR PRO TEM RODRIGUEZ

COUNCILMEMBER VILLEGAS
City of Madera City Council Minutes
205 W. 4th Street March 19, 2025
Madera, CA 93637 Page 5 of 7

ON MOTION BY MAYOR PRO TEM RODRIGUEZ AND SECONDED BY COUNCILMEMBER MONTES, TO APPROVE THE DISTRICT 5 NOMINATION (MS. TOSCANO) WAS APPROVED BY A 5/0 VOTE.

ABSENT: COUNCILMEMBERS EVANS AND MEJIA.

RES 25-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

CONFIRMING THE APPOINTMENT OF GLORIA TOSCANO TO THE CITY OF

MADERA CIVIL SERVICE COMMISSION
C. WORKSHOP: None
D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS:

D-1 Memorandum of Understanding with Respect to the Cost Sharing for Water Year 2024 Madera Subbasin Groundwater Sustainability Plan (GSP) Annual Reports (Action on this item by the Groundwater Sustainability Agency)
Recommendation: Approve a Resolution Approving Memorandum of Understanding with Respect to the Cost Sharing for Water Year 2024 Madera Subbasin GSP Annual Reports (MOU) (Report by Keith Helmuth)

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY MAYOR PRO TEM RODRIGUEZ, ITEM D-1 WAS APPROVED BY A 5/0 VOTE. ABSENT: COUNCILMEMBERS EVANS AND MEJIA.

GSA RES 25-02 A RESOLUTION OF THE CITY OF MADERA AND THE CITY OF MADERA,

GROUNDWATER SUSTAINABILITY AGENCY BOARD APPROVING THE

MEMORANDUM OF UNDERSTANDING WITH RESPECT TO THE COST
SHARING FOR THE WATER YEAR 2024 MADERA SUBBASIN GSP ANNUAL

REPORTS
D-2 Authorization for the Request of Congressionally Directed Spending Funding Request for the Avenue 13 Sewer Rehabilitation Project and the 2.5 million Gallon Water Tank Project Recommendation: Adopt a Resolution authorizing the request for Congressionally Directed Spending for the Avenue 13 Sewer Rehabilitation project and the 2.5 million Gallon Water Tank Project (Report by Keith Helmuth) ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY MAYOR GALLEGOS, ITEM D-2 WAS APPROVED BY A 5/0 VOTE. ABSENT: COUNCILMEMBERS EVANS AND MEJIA.

RES 25-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, AUTHORIZING A REQUEST FOR CONGRESSIONALLY

DIRECTED SPENDING FOR THE CITY OF MADERA FROM FOR THE AVENUE 13 SEWER REHABILITATION PROJECT AND THE 2.5 MILLION GALLON

WATER TANK PROJECT
E. ADMINISTRATIVE REPORTS:

E-1 Mid Valley 2024 Annual Update & the Recycler of the Year Recommendation: This report is submitted for informational purposes only, no action requested from the City Council (Report by Billie Hansen, MID Valley Disposal)
This item was heard earlier in the meeting immediately following public comment.

City of Madera City Council Minutes
205 W. 4th Street March 19, 2025
Madera, CA 93637 Page 6 of 7
E-2 Information report on the City’s Water Division
Recommendation: This report is submitted for informational purposes and no action is requested from the City Council (Report by Arnoldo Rodriguez) E-3 Audited Comprehensive Financial Statements for the Fiscal Year ended June 30, 2024 Recommendation: Accept of Audited Comprehensive Financial Statements (ACFR) for Fiscal Year 2023/2024 (Report by Michael Lima)
E-4 Informational Report on Transportation Funding Source Expenditures Recommendation: This report is submitted for informational purposes only, no action requested from the City Council (Council) (Report by Keith Helmuth) F. COUNCILMEMBER REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS:

Councilmember Zacharia mentioned that MadTown Robotics have been doing great, and they now have a ticket to the Championship.

Councilmember Montes thanked the Police Department for engaging with the community.

Councilmember Villegas had nothing to report.

Mayor Pro Tem Rodriguez acknowledged that Madera Community Hospital is now open. He stated that he traveled to Sacramento as part of the MCTC (Madera County Transportation Commission) to advocate how to replace gas tax funding as more electric vehicles are utilized.

He is also advocating for the truck weighted fees to get released back into the communities, so that projects can get completed. He also stated that he was absent when the Welcoming City resolution was adopted but that he is also in approval of that item.

Mayor Gallegos thanked the Police Department for holding a town hall meeting. The meeting was amazing and had a great deal of community engagement. She invited the community to attend the Food Bank ribbon cutting for their new building which will be held the following Wednesday at 10:00 a.m. Mayor Gallegos thanked the community for their prayers and support for the reopening of the hospital. The hospital is now open. She stated that she is meeting with Governor Newsom and Congressman Grey to discuss securing funding for repairs to the Wastewater Treatment sewer line to the east.

G. CLOSED SESSION:

Councilmember Villegas did not participate in Closed Session. Mr. Chaffin and Council returned from Closed Session at 8:58 p.m. Mr. Chaffin stated there was no reportable action.

UPCOMING MEETING DATES:
 Wednesday, April 2, 2025
 Wednesday, April 16, 2025
ADJOURNMENT: Meeting was adjourned at 8:58 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: April 2, 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 March 8 to March 21, 2025 SUMMARY:

The Register of Audited Demands for the City covering obligations paid during the period of March 8 to March 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 41875 – 41958 $957,997.61
Table 2: Wire Transfer Summary
Description Vendor Amount
Payroll and Taxes US Bank $107,156.02
SDI EDD $2,894.18
CalPERS Payment CalPERS $0
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 41875 03/13/2025 PARKS ADMINISTRATION Comm & Rec Centers VORTEX INDUSTRIES, INC. YC ADA DOOR MAINTENANCE 962.50 41876 03/13/2025 PD OPERATIONS MEAS K - PD RAUL R. HERRERA JR. POLYGRAPHS 1,500.00 41877 03/13/2025 PD OPERATIONS PD Operations DIEBERTS CREATIVE COPY INC BUSINESS CARDS - PD 454.65 41878 03/13/2025 PARKS ADMINISTRATION Parks ELITE MAINTENANCE AND TREE SERVICE GROUP 2 NON-MEDIAN LANDSCAPE MAINTENANCE 5,678.40 41878 03/13/2025 PARKS ADMINISTRATION MEDIAN LANDS ELITE MAINTENANCE AND TREE SERVICE GROUP 3 MEDIAN LANDSCAPE MAINTENANCE 12,560.80 41878 03/13/2025 PARKS ADMINISTRATION Parking Dist Operation ELITE MAINTENANCE AND TREE SERVICE GROUP 1 DOWNTOWN LANDSCAPE MAINTENANCE 509.60 41879 03/13/2025 FIRE MEAS K - FIRE G & J TRUCK SALES, INC BRAKES SERVICE/REPLACEMENT 4,510.25 41880 03/13/2025 FIRE Fire BAUER COMPRESSORS, INC SBCA FLOW TESTING 5,962.42 41881 03/13/2025 FIRE Fire VAN DE POL ENTERPRISES, INC. FUEL CDF - 01/16/25-01/31/25 431.35 41881 03/13/2025 FIRE Fire VAN DE POL ENTERPRISES, INC. FUEL CDF - 02/01/25-02/15/25 419.48 41882 03/13/2025 FACILITIES Facilities Maintenance MD PROFESSIONAL PAINTING, INC. PAINTING - FIRE STATION KITCHEN 2,585.76 41883 03/13/2025 FIRE MEAS K - FIRE BURTON'S FIRE, INC MISC PARTS 1,675.81 41884 03/13/2025 ENGINEERING RSTP - FED EX TERRA WEST CONSTRUCTION INCORPORATED R-10 OLIVE AND KNOX WIDENING AND IMPROVEMENTS 54,867.88 41885 03/13/2025 PARKS ADMINISTRATION Parks RASHID RELIEF REBUILDERS, INC. SUNRISE ROTARY PLAYGROUND 7,382.69 41886 03/13/2025 STREETS CDBG Public ImprovementsISMAEL VALENZUELA TREE REMOVAL 5,370.00 41886 03/13/2025 STREETS CDBG Public ImprovementsISMAEL VALENZUELA TREE REMOVAL 6,100.00 41887 03/13/2025 CITY CLERK'S OFFICE City Clerk's Office WORDLY, INC. TRANSLATION SOFTWARE 9,950.00 41888 03/13/2025 FIRE Fire CCS FACILITY SERVICES - FRESNO, INC. CARPET CLEANING 950.00 41889 03/13/2025 WATER QUALITY CONTROL Water Quality Control DELLAVALLE LABORATORY,INC. MONTHLY SAMPLING 324.00 41889 03/13/2025 WATER QUALITY CONTROL Water Quality Control DELLAVALLE LABORATORY,INC. QUARTERLY MONITORING 1,948.00 41889 03/13/2025 WATER QUALITY CONTROL Water Quality Control DELLAVALLE LABORATORY,INC. WEEKLY SAMPLING 2,432.00 41890 03/13/2025 FINANCE Building AT&T 02/25 CALNET SERVICE 9391031559 18.67 41890 03/13/2025 FINANCE Building AT&T 02/25 CALNET SERVICE 9391026390 34.92 41890 03/13/2025 FINANCE Building AT&T 02/25 CALNET SERVICE 9391031577 30.48 41890 03/13/2025 FINANCE Central Admin AT&T 02/25 CALNET SERVICE 939102606 30.26 41890 03/13/2025 FINANCE City Attorney AT&T 02/25 CALNET SERVICE 9391031559 7.00 41890 03/13/2025 FINANCE City Attorney AT&T 02/25 CALNET SERVICE 939102639090 9.96 41890 03/13/2025 FINANCE City Attorney AT&T 02/25 CALNET SERVICE 9391031577 8.69 41890 03/13/2025 FINANCE City Attorney AT&T 02/25 CALNET SERVICE 9391026388 62.97 41890 03/13/2025 FINANCE City Clerk's Office AT&T 02/25 CALNET SERVICE 9391031559 4.67 41890 03/13/2025 FINANCE City Clerk's Office AT&T 02/25 CALNET SERVICE 9391026390 9.96 41890 03/13/2025 FINANCE City Clerk's Office AT&T 02/25 CALNET SERVICE 9391031577 8.69 41890 03/13/2025 FINANCE Code Enforcement AT&T 02/25 CALNET SERVICE 9391026413 63.18 41890 03/13/2025 FINANCE Comm & Rec Centers AT&T 02/25 CALNET SERVICE 9391026391391 311.69 41890 03/13/2025 FINANCE Comm & Rec Centers AT&T 02/25 CALNET SERVICE 9391026392 63.70 41890 03/13/2025 FINANCE COMPUTER MAINT AT&T 02/25 CALNET SERVICE 9391031559 2.33 41890 03/13/2025 FINANCE COMPUTER MAINT AT&T 02/25 CALNET SERVICE 9391026390 19.95 41890 03/13/2025 FINANCE COMPUTER MAINT AT&T 02/25 CALNET SERVICE 9391031577 17.42 41890 03/13/2025 FINANCE Engineering AT&T 02/25 CALNET SERVICE 9391031559 35.00

CITY OF MADERA
REGISTER OF AUDITED DEMANDS FOR BANK #1 - US BANK GENERAL ACCOUNT April 2, 2025

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 41890 03/13/2025 FINANCE Engineering AT&T 02/25 CALNET SERVICE 9391026390 69.83 41890 03/13/2025 FINANCE Engineering AT&T 02/25 CALNET SERVICE 9391031577 60.97 41890 03/13/2025 FINANCE Finance AT&T 02/25 CALNET SERVICE 9391031559 23.33 41890 03/13/2025 FINANCE Finance AT&T 02/25 CALNET SERVICE 9391026390 54.86 41890 03/13/2025 FINANCE Finance AT&T 02/25 CALNET SERVICE 9391031577 47.90 41890 03/13/2025 FINANCE Finance AT&T 02/25 CALNET SERVICE 939102606 30.27 41890 03/13/2025 FINANCE GRANT OVERSIGHT AT&T 02/25 CALNET SERVICE 9391031559 11.67 41890 03/13/2025 FINANCE GRANT OVERSIGHT AT&T 02/25 CALNET SERVICE 9391026390 19.95 41890 03/13/2025 FINANCE GRANT OVERSIGHT AT&T 02/25 CALNET SERVICE 9391031577 17.42 41890 03/13/2025 FINANCE HR/RISK MGT AT&T 02/25 CALNET SERVICE 9391031559 7.00 41890 03/13/2025 FINANCE HR/RISK MGT AT&T 02/25 CALNET SERVICE 9391026390 14.94 41890 03/13/2025 FINANCE HR/RISK MGT AT&T 02/25 CALNET SERVICE 9391031577 13.04 41890 03/13/2025 FINANCE Parks AT&T 02/25 CALNET SERVICE 9391026412 163.82 41890 03/13/2025 FINANCE Parks Administration AT&T 02/25 CALNET SERVICE 9391031580 289.35 41890 03/13/2025 FINANCE Planning AT&T 02/25 CALNET SERVICE 9391031559 11.67 41890 03/13/2025 FINANCE Planning AT&T 02/25 CALNET SERVICE 9391026390 24.93 41890 03/13/2025 FINANCE Planning AT&T 02/25 CALNET SERVICE 9391031577 21.76 41890 03/13/2025 FINANCE Sewer Mtnc/Operations AT&T 02/25 CALNET SERVICE 9391026410 62.09 41890 03/13/2025 FINANCE Sr Citizen Community ServiceAT&T 02/25 CALNET SERVICE 9391026395 31.83 41890 03/13/2025 FINANCE Sr Citizen Community ServiceAT&T 02/25 CALNET SERVICE 9391026389 31.83 41890 03/13/2025 FINANCE Sr Citizen Community ServiceAT&T 02/25 CALNET SERVICE 9391026415 69.18 41890 03/13/2025 FINANCE UB - Garbage AT&T 02/25 CALNET SERVICE 9391031559 6.22 41890 03/13/2025 FINANCE UB - Garbage AT&T 02/25 CALNET SERVICE 9391026390 16.18 41890 03/13/2025 FINANCE UB - Garbage AT&T 02/25 CALNET SERVICE 9391031577 14.15 41890 03/13/2025 FINANCE UB - Sewer AT&T 02/25 CALNET SERVICE 9391031559 6.22 41890 03/13/2025 FINANCE UB - Sewer AT&T 02/25 CALNET SERVICE 9391026390 16.20 41890 03/13/2025 FINANCE UB - Sewer AT&T 02/25 CALNET SERVICE 9391031577 14.15 41890 03/13/2025 FINANCE UB - Water AT&T 02/25 CALNET SERVICE 9391031559 12.44 41890 03/13/2025 FINANCE UB - Water AT&T 02/25 CALNET SERVICE 9391026390 32.48 41890 03/13/2025 FINANCE UB - Water AT&T 02/25 CALNET SERVICE 9391031577 28.35 41890 03/13/2025 FINANCE UB - Water AT&T 02/25 CALNET SERVICE 9391026393 93.94 41890 03/13/2025 FINANCE City Manager AT&T 02/25 CALNET SERVICE 9391031559 9.33 41890 03/13/2025 FINANCE City Manager AT&T 02/25 CALNET SERVICE 9391026390 9.96 41890 03/13/2025 FINANCE City Manager AT&T 02/25 CALNET SERVICE 9391031577 8.69 41890 03/13/2025 FINANCE PD Operations AT&T 02/25 CALNET SERVICE 9391031579 290.15 41890 03/13/2025 FINANCE PD Operations AT&T 02/25 CALNET SERVICE 9391026411 150.62 41890 03/13/2025 FINANCE PD Operations AT&T 02/25 CALNET SERVICE 9391026409 32.23 41890 03/13/2025 FINANCE PD Operations AT&T 02/25 CALNET SERVICE 9391026414 381.63 41890 03/13/2025 PD OPERATIONS PD Operations AT&T 02/25 CALNET SERVICE 9391064552 572.42 41891 03/13/2025 FINANCE Aquatics Programs AT&T 02/25 CALNET SERVICE 9391026397 30.27 41891 03/13/2025 FINANCE HR/RISK MGT AT&T 02/25 CALNET SERVICE 9391026400 31.82 41891 03/13/2025 FINANCE PD Operations AT&T 02/25 CALNET SERVICE 9391031561 5.55 41892 03/13/2025 PARKS ADMINISTRATION Sports Programs BSN SPORTS SOFTBALLS 390.31

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 41893 03/13/2025 INFORMATION SERVICES Computer Replacement CDW GOVERNMENT, INC MICROSOFT LICENSING RENEWAL 103,601.62 41894 03/13/2025 PD OPERATIONS PD Operations CA DEPARTMENT OF JUSTICE BLOOD ALCOHOL ANALYSIS 980.00 41894 03/13/2025 PD OPERATIONS PD Operations CA DEPARTMENT OF JUSTICE FINGERPRINT APPS 288.00 41895 03/13/2025 FINANCE PAYROLL TRUST COLONIAL LIFE & ACCIDENT INSURANCE CO #E700482-3 FOR 02/28/2024 PAYROLL 865.91 41896 03/13/2025 PD OPERATIONS PD Operations COMMUNITY MEDICAL CENTER LEGAL BLOOD DRAWS - 01/25 175.00 41897 03/13/2025 PD OPERATIONS PD Operations CEDERQUIST, BRENT PER DIEM - SLI SESSION #3 258.00 41898 03/13/2025 UB - WATER UB - Garbage DATAPROSE, LLC BILLING 02/25 2,797.11 41898 03/13/2025 UB - WATER UB - Garbage DATAPROSE, LLC POSTAGE 1,402.20 41898 03/13/2025 UB - WATER UB - Sewer DATAPROSE, LLC BILLING 02/25 2,797.13 41898 03/13/2025 UB - WATER UB - Sewer DATAPROSE, LLC POSTAGE 1,402.20 41898 03/13/2025 UB - WATER UB - Water DATAPROSE, LLC BILLING 02/25 5,594.26 41898 03/13/2025 UB - WATER UB - Water DATAPROSE, LLC POSTAGE 2,804.40 41899 03/13/2025 ENGINEERING Engineering DIAMOND COMMUNICATIONS SERVICE CALL - ENG 516.97 41899 03/13/2025 ENGINEERING Engineering DIAMOND COMMUNICATIONS SECURITY ALARM MONITORING - ENG 180.00 41899 03/13/2025 FIRE MEAS K - FIRE DIAMOND COMMUNICATIONS FIRE ALARM MONITORING - FIRE #58 35.00 41899 03/13/2025 GRANTS INTERMODAL BLDG DIAMOND COMMUNICATIONS FIRE ALARM MONITORING - TRANSIT 80.00 41899 03/13/2025 PARKS ADMINISTRATION Comm & Rec Centers DIAMOND COMMUNICATIONS FIRE ALARM MONITORING - PANAM 36.00 41899 03/13/2025 PARKS ADMINISTRATION Comm & Rec Centers DIAMOND COMMUNICATIONS SECURITY ALARM MONITORING - FBSC 213.00 41900 03/13/2025 BUILDING Building FIRE SAFETY SOLUTIONS, INC. FIRE PROTECTION SVS 02/16/25-02/28/25 10,590.00 41901 03/13/2025 FACILITIES Facilities Maintenance JAM SERVICES INC SOLAR RRFB CROSSWALK SYSTEM 3,485.65 41902 03/13/2025 PD OPERATIONS SUPP LAW ENF KUSTOM SIGNALS, INC. PROLASER BUNDLE - SPEED ENFORCEMENT 1,945.18 41902 03/13/2025 PD OPERATIONS DUI Enforcement & Awareness KUSTOM SIGNALS, INC. PROLASER BUNDLE - SPEED ENFORCEMENT 6,900.00 41903 03/13/2025 FINANCE PAYROLL TRUST M.C.E.A. MONTHLY DUES 02/25 315.00 41904 03/13/2025 FINANCE PD Operations MADERA COUNTY TREASURER COUNTY'S PORTION PARKING PENALTIES PAID 01/25 461.00 41905 03/13/2025 FINANCE PAYROLL TRUST M P O A MONTHLY DUES 02/25 8,875.44 41906 03/13/2025 PARKS ADMINISTRATION Aquatics Programs MAMMOTH OXYGEN CO2 FOR POOL 100.80 41907 03/13/2025 ENGINEERING LTF - Streets NICHOLS CONSULTING ENGINEERS, CHTD. ENGINEERING CONSULTING SVS 30,600.00 41908 03/13/2025 PARKS ADMINISTRATION Prop 68 Grant O'DELL ENGINEERING, INC. PROP 68 - OLIVE/TAUBERT PARK 622.59 41908 03/13/2025 PARKS ADMINISTRATION Special Legislative Grant O'DELL ENGINEERING, INC. DESIGN SVS - LTC TRAILS 738.84 41909 03/13/2025 FINANCE AIRPORT OPS PACIFIC GAS & ELECTRIC 02/25 SERVICE 3819620697-3 104.64 41909 03/13/2025 FINANCE AIRPORT OPS PACIFIC GAS & ELECTRIC 02/25 SERVICE 8126770647-1 97.15 41909 03/13/2025 FINANCE Comm & Rec Centers PACIFIC GAS & ELECTRIC 02/25 SERVICE 8307681856-2 1,420.28 41909 03/13/2025 FINANCE Engineering PACIFIC GAS & ELECTRIC 02/25 SERVICE 2000655655-7 2,348.99 41909 03/13/2025 FINANCE Facilities Maintenance PACIFIC GAS & ELECTRIC 02/25 SERVICE 7949615676-5 26.62 41909 03/13/2025 FINANCE Facilities Maintenance PACIFIC GAS & ELECTRIC 02/25 SERVICE 8178280304-3 260.34 41909 03/13/2025 FINANCE Facilities Maintenance PACIFIC GAS & ELECTRIC 02/25 SERVICE 3499945233-6 120.29 41909 03/13/2025 FINANCE Facilities Maintenance PACIFIC GAS & ELECTRIC 02/25 SERVICE 7928098441-4 69.03 41909 03/13/2025 FINANCE Facilities Maintenance PACIFIC GAS & ELECTRIC 02/25 SERVICE 3352588453-3 181.84 41909 03/13/2025 FINANCE Facilities Maintenance PACIFIC GAS & ELECTRIC 02/25 SERVICE 4318089701-9 29.25 41909 03/13/2025 FINANCE Facilities Maintenance PACIFIC GAS & ELECTRIC 02/25 SERVICE 5237156686-1 45.74 41909 03/13/2025 FINANCE Facilities Maintenance PACIFIC GAS & ELECTRIC 02/25 SERVICE 1013877191-9 85.98 41909 03/13/2025 FINANCE Fire PACIFIC GAS & ELECTRIC 02/25 SERVICE 2173157566-4 2,523.49 41909 03/13/2025 FINANCE Water Mtnc/Operations PACIFIC GAS & ELECTRIC 02/25 SERVICE 3642526071-2 96.90

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 41909 03/13/2025 FINANCE Water Mtnc/Operations PACIFIC GAS & ELECTRIC 02/25 SERVICE 9172110863-6 16,815.25 41909 03/13/2025 FINANCE Water Mtnc/Operations PACIFIC GAS & ELECTRIC 02/25 SERVICE 9651992016-7 277.05 41909 03/13/2025 FINANCE Water Mtnc/Operations PACIFIC GAS & ELECTRIC 02/25 SERVICE 9109225160-1 614.99 41910 03/13/2025 ENGINEERING RSTP - FED EX SALEM ENGINEERING GROUP R-10 TESTING LAB 2,140.00 41911 03/13/2025 FINANCE Finance PHOENIX GROUP INFO SYS CITATIONS 01/25 320.65 41911 03/13/2025 FINANCE Parking Dist Operation PHOENIX GROUP INFO SYS CITATIONS 01/25 6.55 41912 03/13/2025 PD OPERATIONS MEAS K - PD RON'S TOWING & ROAD SERVICE TOWING SERVICES 245.49 41912 03/13/2025 PD OPERATIONS PD Operations RON'S TOWING & ROAD SERVICE TOWING SERVICES 539.51 41912 03/13/2025 PD OPERATIONS PD Operations RON'S TOWING & ROAD SERVICE TOWING SERVICES 4,060.00 41913 03/13/2025 ENGINEERING Engineering SPARKLETTS ENGINEERING - DRINKING WATER 79.54 41914 03/13/2025 PW ADMIN Sewer Capital Outlay STANTEC CONSULTING SERVICES INC. PROFESSIONAL ENGINEERING SVS 27,075.10 41915 03/13/2025 PARKS ADMINISTRATION Comm & Rec Centers TK ELEVATOR CORPORATION YC ELEVATOR MAINTENANCE 337.24 41916 03/13/2025 PARKS ADMINISTRATION Parks WEST COAST ARBORISTS, INC. CITY WIDE TREE TRIMMING 54,810.00 41917 03/13/2025 CITY ADMIN Facilities Maintenance OTP - FINANCE PER DIEM - LEVEL 1 TRAFFIC SIGNAL MAINT & DIAG 238.76 41918 03/13/2025 PARKS ADMINISTRATION Comm & Rec Centers OTP- PARKS REFUNDS CANCELLATION REIMBUREMENT 440.00 41918 03/13/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS CANCELLATION REIMBUREMENT 100.00 41919 03/13/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 9924202 209.02 41920 03/13/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUNDS 5854001 135.99 41921 03/13/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 7052001 153.56 41922 03/13/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 9920903 205.81 41923 03/13/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 9925303 134.57 41924 03/13/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUNDS 9919355 150.00 41925 03/13/2025 FINANCE Water Utility OTP- UB REFUNDS UB TERM REFUND 9925085-513456 82.81 41926 03/13/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 9893252 35.97 41927 03/13/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 9924154 53.65 41928 03/18/2025 CITY CLERK'S OFFICE City Council DIEBERTS CREATIVE COPY INC WOMAN OF THE YEAR BOOKLET 199.44 41929 03/18/2025 CITY CLERK'S OFFICE City Council ANDREW J. MEDELLIN WOMAN OF THE YEAR PLAQUES 770.74 41930 03/18/2025 GRANTS TRANS - FIXED MV TRANSPORTATION, INC. TRANSIT OPERATOR 02/25 108,734.73 41930 03/18/2025 GRANTS TRANS - DAR MV TRANSPORTATION, INC. TRANSIT OPERATOR 02/25 72,853.58 41931 03/18/2025 FINANCE Finance MV CHENG & ASSOCIATES, INC. CONSULTING SERVICES: FINANCE DIRECTOR 1,968.75 41932 03/18/2025 HR/RISK MGT HR/RISK MGT SALLY SWANSON ARCHITECTS, INC. ADA CONSULTANT 4,286.30 41933 03/18/2025 FLEET MAINTENANCE Fleet Maintenance DUSTIN PICKETT TOOL REIMBURSEMENT 300.00 41934 03/18/2025 ENGINEERING LTF - Streets THE MADERA MAIL DROP PLAN & SPECS PRINTING 238.50 41935 03/18/2025 FLEET ACQUISITION Fleet Acquisition TERRICORP INC. UTILITY TRUCK #2025 129,016.41 41936 03/18/2025 FLEET MAINTENANCE Fleet Maintenance TIM RAZZARI MOTORS INC ENGINE DIAGNOSIS & REPLACEMENT 21,074.00 41937 03/18/2025 FINANCE PD Operations AT&T 02/25 FIRSTNET SERVICE 287302965625 7,140.44 41938 03/18/2025 ENGINEERING Sewer Capital Outlay BLAIR CHURCH & FLYNN PROFESSIONAL ENGINEERING SVS 2,190.00 41939 03/18/2025 INFORMATION SERVICES Computer Replacement CDW GOVERNMENT, INC CYLANCE LICENSING RENEWAL 6,526.80 41940 03/18/2025 FACILITIES Facilities Maintenance CA DEPARTMENT OF TRANSPORTATION SHARED COST - CAL-TRANS 9,791.43 41941 03/18/2025 FINANCE General Fund DIVISION OF THE STATE ARCHITECT SB DSA 796 QTR 1 FY 24/25 CORRECTED 924.80 41942 03/18/2025 HR/RISK MGT HR/RISK MGT OCCUPATIONAL HEALTH CENTERS OF CALIFORNIA, A MEDIC PR-EMPLOYMENT SERVICES 217.00 41943 03/18/2025 FLEET MAINTENANCE Fleet Maintenance CUMMINS PACIFIC LLC REPAIRS - #3007 5,941.17 41944 03/18/2025 PW ADMIN Tire Clean Up DEPARTMENT OF RESOURCES RECYCLING & RECOVERYUNSPENT FUNDS GRANT SB1383 87,781.00

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 41945 03/18/2025 GRANTS INTERMODAL BLDG DIAMOND COMMUNICATIONS FIRE ALARM MONITORING - TRANSIT 80.00 41946 03/18/2025 FINANCE WATER CONSERV CITY OF MADERA TOILET REBATE - 7893001 99.00 41946 03/18/2025 FINANCE WATER CONSERV CITY OF MADERA MULCH REBATE - 9897117 85.68 41946 03/18/2025 FINANCE WATER CONSERV CITY OF MADERA DISHWASHER REBATE - 8224196 200.00 41947 03/18/2025 GRANTS Permanent Local Housing Alloca MADERA RESCUE MISSION, INC. PLHA INVOICE 01/25 12,730.35 41948 03/18/2025 HR/RISK MGT HR/RISK MGT MADERA TRIBUNE JOB ADVERSTISEMENT 91.20 41949 03/18/2025 PW ADMIN STREETS MID VALLEY DISPOSAL INC. WASTE DISPOSAL 766.86 41949 03/18/2025 PW ADMIN Street Cleaning MID VALLEY DISPOSAL INC. WASTE DISPOSAL 5,844.67 41949 03/18/2025 PW ADMIN PW Safe & Clean Initiative MID VALLEY DISPOSAL INC. WASTE DISPOSAL 2,037.92 41950 03/18/2025 FINANCE AIRPORT OPS PACIFIC GAS & ELECTRIC 02/25 SERVICES 9920095153-3 105.02 41950 03/18/2025 FINANCE Central Admin PACIFIC GAS & ELECTRIC 02/25 SERVICES 9920095153-3 905.96 41950 03/18/2025 FINANCE Comm & Rec Centers PACIFIC GAS & ELECTRIC 02/25 SERVICES 9920095153-3 4,043.19 41950 03/18/2025 FINANCE DRAINAGE PACIFIC GAS & ELECTRIC 02/25 SERVICES 9920095153-3 1,502.07 41950 03/18/2025 FINANCE Facilities Maintenance PACIFIC GAS & ELECTRIC 02/25 SERVICES 9920095153-3 6,304.09 41950 03/18/2025 FINANCE Fire PACIFIC GAS & ELECTRIC 02/25 SERVICES 9920095153-3 940.31 41950 03/18/2025 FINANCE Parks PACIFIC GAS & ELECTRIC 02/25 SERVICES 9920095153-3 243.56 41950 03/18/2025 FINANCE Sewer Mtnc/Operations PACIFIC GAS & ELECTRIC 02/25 SERVICES 9920095153-3 980.47 41950 03/18/2025 FINANCE SOLID WASTE PACIFIC GAS & ELECTRIC 02/25 SERVICES 9920095153-3 506.07 41950 03/18/2025 FINANCE Sr Citizen Community ServicePACIFIC GAS & ELECTRIC 02/25 SERVICES 9920095153-3 8.66 41950 03/18/2025 FINANCE Water Mtnc/Operations PACIFIC GAS & ELECTRIC 02/25 SERVICES 9920095153-3 15,684.57 41950 03/18/2025 FINANCE Zone 24 Activities PACIFIC GAS & ELECTRIC 02/25 SERVICES 9920095153-3 21.38 41950 03/18/2025 FINANCE Zone 26 Activities PACIFIC GAS & ELECTRIC 02/25 SERVICES 9920095153-3 12.21 41950 03/18/2025 FINANCE Zone 31A Activities PACIFIC GAS & ELECTRIC 02/25 SERVICES 9920095153-3 21.03 41950 03/18/2025 FINANCE PD Operations PACIFIC GAS & ELECTRIC 02/25 SERVICES 9920095153-3 5,162.48 41950 03/18/2025 FINANCE Parking Dist Operation PACIFIC GAS & ELECTRIC 02/25 SERVICES 9920095153-3 96.93 41951 03/18/2025 FLEET MAINTENANCE Insurance/Reimbursed Damages SILVA'S AUTO BODY UNIT #6031 REPAIRS 2,565.49 41952 03/18/2025 BUILDING Building BLDING/PLAN REFNDS PROJECT CANCELLED - REIMBURSE FEE 403.25 41952 03/18/2025 BUILDING General Fund BLDING/PLAN REFNDS PROJECT CANCELLED - REIMBURSE FEE 5.13 41953 03/18/2025 BUILDING Building BLDING/PLAN REFNDS PROJECT CANCELLED - REIMBURSE FEE 226.74 41953 03/18/2025 BUILDING General Fund BLDING/PLAN REFNDS PROJECT CANCELLED - REIMBURSE FEE 1.50 41954 03/18/2025 UB - WATER Water Fund OTP- UB REFUNDS UB 9924127 1417 NOREEN 130.06 41955 03/18/2025 UB - WATER Water Fund OTP- UB REFUNDS UB 9924586 1653 ADANAC 141.52 41956 03/18/2025 UB - WATER Water Fund OTP- UB REFUNDS UB 9923323 1356 COCONUT 142.25 41957 03/18/2025 UB - WATER Water Fund OTP- UB REFUNDS UB 9920782 1505 FOUNTAIN 54.16 41958 03/18/2025 UB - WATER SOLID WASTE OTP- UB REFUNDS UB 10000103 653 ABBY 19.31 BANK #1 - US BANK GENERAL ACCOUNT TOTAL $ 957,997.61

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

Transportation Art Maintenance Agreement with the Department of Transportation for the Block Wall Enhancement Project
RECOMMENDATION:

Adopt a Resolution Approving a Transportation Art Maintenance Agreement (TAMA) with the Department of Transportation (Caltrans) for the Block Wall Enhancement Project SUMMARY:

On August 2, 2023, the Council approved the selection of five artwork pieces to be installed along the block wall on the east side of State Route 99, south of 4th Street. The block wall and the selected artwork were part of the State Route 99 Block Wall Enhancement Project, for which the City entered into an agreement on February 15, 2023. The agreement initially covered the related costs associated in the selection of artists and artwork.

Since then, the artists and artwork have been selected. Caltrans has now requested the completion of the TAMA to memorialize the maintenance aspect of the artwork installed on the block wall.

DISCUSSION:

Specifically, the Madera Block Wall Enhancement Project aimed at:
 Beautifying the constructed block wall on the east side of SR 99, south of the 4th Street off-ramp.
 Aesthetically enhancing the area by adding landscaping features.

Council Meeting of: April 2, 2025
Agenda Number: B-3
 Adding to placemaking by promoting civic pride, connection, and community placemaking through the installation of artistic design on the block wall.

As part of these efforts, Caltrans erected a split-face concrete masonry wall, as well as landscaping on the east side of State Route 99. This wall allowed for the installation of artwork vinyl panels to be selected by the City.

During the February 15, 2023, Council meeting, staff presented the Clean California State Beautification Program – Madera Block Wall Enhancement Project implementation plan and requested direction on several items. During said meeting, Council:
 Approved the Transportation Arts Agreement awarded by Caltrans to the City for $100,000
 Approved a Memorandum of Understanding (MOU) awarded by the City to the Madera County Arts Council (MCAC) for $6,000
 Established the Arts Selection Committee (ASC)
 Appointed, at the time, Mayor Pro Tem Mejia and Councilmember Evans to the ASC The MOU between the City and MCAC outlined that the latter would assist with the sourcing of an artist, artwork and the installation process, whereas the ASC would assist in the finalization of the solicitation process and the selection of the artwork. The ACS would ultimately make a recommendation of artwork to the Council for approval. Upon Council approval of the art, the ASC would dissolve.

On August 2, 2023, staff brought the item back to the Council, for the consideration of artists and artwork recommendations. The ASC did oversee the solicitation process, which included publishing a Request for Proposals (RFP). The RFP included eligibility, general specifications, artwork qualities, acknowledgments, and selection criteria. After rating responses, the ASC was tasked with making a recommendation to the City Council. There were several artists and artwork pieces selected for consideration, with at least three options for artwork cohesiveness presented to the Council. It was during this meeting that the Council selected the following artists and artwork as listed in Table 1 below.

Table 1: Selected Artists and Artwork for the Block Wall Enhancement Project Artists Name Artwork Title
Daniel Van Gerpen Full of Promise
Amy P. Morgan Valley Animal Icons
Patricia Pratt Central Valley Flora & Fauna
Andrea Torres From Dawn to Dusk
Anne Whitehurst Westside Sunset
After the artists and artwork were selected, staff proceeded to the next step of the project:
installation of the artwork. This step included the digital photographing of the artwork and the selection of the appropriate printing company that was able to produce the high-grade vinyl artwork panels. The artwork panels were installed on March 8, 2024, by Caltrans. Due to term agreements between Caltrans and their contractor, Caltrans requested that the artwork be installed at the time with the understanding that the TAMA would still need to be executed when the agreement was reviewed and prepared by Caltrans. City staff recently received the agreement and is presenting it to Council for consideration.

In summary, the TAMA outlines the following:
 The location of the project.
 Acknowledges the agreement all five artists executed between the artists and Caltrans, for waiver of any and all rights, ownership of the artwork, and nonexclusive right to reproduce and use the artwork for non-commercial purposes.  Maintenance responsibilities of the City to maintain artwork panels and restore them when damaged.
 City to apply for a no-cost encroachment permit to perform needed maintenance.

Staff has been monitoring the panels since their installation, with no incidents to report to date.

FINANCIAL IMPACT:

There is no additional anticipated impact on the City’s Fiscal Year (FY) 2024/25 Budget as related to this project. The initial agreement, set at $100,000 with Caltrans, for the artwork selection and printing of artwork allowed staff to secure additional panels. There are replacement panels readily available for when the existing panels become damaged or worn beyond repair, stored at the City’s Corporation Yard. This will alleviate the need to purchase additional panels when the time comes. The expected lifespan of the panels, as printed on the high-grade vinyl is estimated at 3-4 years, with the weather conditions and sun exposure affecting the actual lifespan of the panels, as the panels are exposed to the elements.

Table 2 provides a synopsis of expenses associated with the Block Wall Enhancement Project, for which the City has been fully reimbursed for.

Table 2: Expenses to date and anticipated expenses
Tasks Amount
MCAC: Administrative fee for their assistance with the project $6,000 $250 to each of the 9 artists finalists for their time and material $2,250 Panel compensation: selected artists received $8,000/each (5 artists) $40,000 Photographing of artwork for digital file cleaning, conversion of artwork to vinyl-wrapped foam panels, framing of panels͕ anĚ reƉůaĐement Ɖaneůs $51,750
Total $100,000
ALTERNATIVES:

In considering the Council's options regarding the approval of the TAMA between City and Caltans pertaining to the Block Wall Enhancement project, two potential alternatives are identified for consideration:
 The Council may choose to request that staff bring additional information back to a subsequent meeting. This option allows the Council to seek further clarification on specific aspects of the request.
 The Council may elect not to approve the agreement at this time, and request specific changes be discussed with Caltrans for agreement terms that the Council would be better inclined to approve.

ATTACHMENTS:

1. Resolution Approving a Transportation Art Maintenance Agreement with the Department of Transportation for the Block Wall Enhancement Project a. Exhibit 1 – Transportation Art Maintenance Agreement ATTACHMENT 1
Resolution Approving a Transportation Art Maintenance Agreement with the Department of Transportation for the Block Wall Enhancement Project
a. Exhibit 1 – Transportation Art Maintenance Agreement RESOLUTION NO. 25 - _________

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

CALIFORNIA APPROVING A TRANSPORTATION ART MAINTENANCE

AGREEMENT WITH THE DEPARTMENT OF TRANSPORTATION FOR THE

BLOCK WALL ENHANCEMENT PROJECT
WHEREAS, in 2021 the State allocated over $1.1 billion for the Clean California initiative that aimed to make a significant investment in litter collection, community engagement, and education to ultimately transform unsightly roadsides into spaces of pride for all Californians; and
WHEREAS, the Department of Transportation (Caltrans) and the City entered into a cooperative agreement under the Clean California State Beautification Program to fund the Madera Block Wall Enhancement Project for $100,000; and WHEREAS, specifically, the Project aims to beautify the newly constructed block wall on the east side of State Route 99, before the northbound 4th Street off-ramp; and WHEREAS, on August 2, 2023, five artists and five artwork pieces were selected for the installation on the block wall; and
WHEREAS, a Transportation Art Maintenance Agreement (TAMA) has to be executed for the noted completion of the project; and
WHEREAS, the TAMA outlines the City’s and Caltrans’ terms of agreement for the maintenance of the artwork installed on the block wall; and WHEREAS, the TAMA is in the best interests of the City, Caltrans, and the citizens of Madera.

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

1. The above recitals are true and correct.

2. The Council approves the Transportation Art Maintenance Agreement between the City and Caltrans, as it relates to the Block Wall Enhancement Project, attached hereto as Exhibit 1 and incorporated by reference.

3. This resolution is effective immediately upon adoption. ***
Exhibit 1 – Transportation Art Maintenance Agreement
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TRANSPORTATION ART MAINTENANCE AGREEMENT
WITH

CITY OF MADERA
This Transportation Art Maintenance Agreement (“AGREEMENT”) executed on and effective from _______________________________, is made by and between the State of California, acting by and through the California Department of Transportation (“STATE”), and the City of Madera (“LOCAL AGENCY”); each may be referred to individually as a “PARTY,” and jointly as “PARTIES.”

RECITALS

1. The PARTIES desire to work together to allocate their respective obligations to the Transportation Art Project (Block Wall Enhancement) installed within STATE Right of Way by Cooperative Agreement number 06-1770.

2. This AGREEMENT will set forth the LOCAL AGENCY’s maintenance responsibilities for the Transportation Art Project (“ARTWORK”) that is installed within the STATE Right of Way on the block wall along northbound Route 99 south of the 6th Street Overcrossing Between Postmile 10.4/10.7, as shown in Exhibit A, attached hereto.

3. Prior to execution of this AGREEMENT, the authors of ARTWORK executed a written agreement conveying to STATE a) a waiver of any and all rights in the ARTWORK under 17 U.S.C. section 106A and related laws, b) physical ownership of and right to possess the ARTWORK, and c) a nonexclusive license to reproduce and use the ARTWORK for non-commercial purposes. This written agreement between STATE and the authors of ARTWORK were executed on 10/30/2024 (Daniel Van Gerpen), 10/30/2024 (Amy P. Morgan), 10/30/2024 (Andrea Torres), 10/30/2024 (Anne Whitehurst), and 11/7/2024 (Patricia Pratt).

TERMS

1. Definitions.

A. “AGREEMENT” means this AGREEMENT between STATE and LOCAL AGENCY along with exhibits and attachments attached during the execution of this AGREEMENT or in the future by mutual consent of the PARTIES.

B. “ARTWORK” means the entire Transportation Art Project installed or painted within the STATE Right of Way depicted or described in Exhibit A attached to this AGREEMENT.”
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2. Agreements with Creators of ARTWORK. LOCAL AGENCY agrees, represents, and warrants that the author or authors of ARTWORK executed a written agreement, in a form approved by STATE, conveying to STATE a) a waiver of any and all rights in the ARTWORK under 17 U.S.C. section 106A and related laws, b) physical ownership of and right to possess the ARTWORK, and c) a nonexclusive license to reproduce and use the ARTWORK for non-commercial purposes.

LOCAL AGENCY shall be solely responsible for any damages (including exemplary and punitive damages) arising from its breach of and/or failure to fully comply with this provision of the AGREEMENT.

3. Maintenance Obligation and Standards. LOCAL AGENCY shall have the obligation to maintain the ARTWORK in accordance with this AGREEMENT so long as the ARTWORK exists in any form and in any condition. LOCAL AGENCY shall perform all maintenance of the ARTWORK in compliance with terms of the AGREEMENT, the standards set forth in California Streets and Highways Code section 27, and in accordance with all other applicable California laws, regulations, and standards, including the STATE’s Project Development Procedures Manual (PDPM), Chapter 29, Transportation Art, STATE’s Maintenance Manual, policies, procedures, and specifications in effect as of the execution of this AGREEMENT and as subsequently amended. The obligation to maintain the ARTWORK shall include routine inspections of the ARTWORK and the maintenance, repair, and cleaning of the ARTWORK, as well as the restoration of damaged ARTWORK, graffiti removal (in accordance with the terms of this AGREEMENT), and the removal of dirt, debris, vegetation growth, and weeds surrounding or obscuring the ARTWORK (hereafter collectively referred to as “MAINTAIN/MAINTENANCE”). LOCAL AGENCY’s obligation to MAINTAIN the ARTWORK is until the ARTWORK is removed consistent with terms of this AGREEMENT.

4. Encroachment Permits. Before LOCAL AGENCY, or any of its agents, may enter STATE right of way to perform MAITNENANCE of the ARTWORK, or any MAINTENANCE within STATE’s right of way in which the ARTWORK is located, LOCAL AGENCY shall have applied for and obtained, from the applicable STATE District, an Encroachment Permit in accordance with the STATE Encroachment Permit process. For the term of this AGREEMENT, LOCAL AGENCY shall obtain any encroachment permits required by law to perform the obligations under this AGREEMENT. STATE shall issue any and all encroachment permits at no cost to LOCAL AGENCY. LOCAL AGENCY’s contractors and subcontractors, including the artist who creates the ARTWORK, shall apply for, and be issued encroachment permits to perform work within STATE’s right of way, to the extent required by law. If the encroachment permit and this AGREEMENT conflict, the requirements of this AGREEMENT will prevail.
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5. Graffiti Removal. LOCAL AGENCY, at LOCAL AGENCY’s sole cost and expense, shall remove all graffiti from the ARTWORK. LOCAL AGENCY is solely responsible for ensuring that any graffiti that in any way resembles a mural, artwork, paintings, or other similar elements shall not be removed without the written authorization of STATE. Graffiti removal must protect air and water quality as required by law.

LOCAL AGENCY shall conform to the terms stated in STATE’s Maintenance Manual, Volume 1, Family D Chapter, D1.06.

6. Restoration of ARTWORK. LOCAL AGENCY, at LOCAL AGENCY’s expense, shall restore damaged ARTWORK to its original condition as set forth in Exhibit A either within thirty (30) calendar days of discovery of such damage or within thirty (30) calendar days of being notified in writing by STATE, whichever is sooner. If LOCAL AGENCY is unable to or otherwise fails to restore the damaged ARTWORK by this time, STATE may provide a plan to LOCAL AGENCY which is reasonable and in good faith to perform the required operation.

7. Routine MAINTENANCE. LOCAL AGENCY shall ensure the ARTWORK is provided with adequate routine MAINTENANCE necessary to maintain a neat and attractive appearance in accordance with a schedule mutually agreed to by PARTIES. LOCAL AGENCY shall coordinate said MAINTENANCE with STATE prior to the start of any work.

8. Failure to Perform MAINTENANCE. If during the term of this AGREEMENT, LOCAL AGENCY ceases to perform the MAINTENANCE of the ARTWORK to the satisfaction of STATE as provided by this AGREEMENT, STATE will provide written notice to LOCAL AGENCY to cure the default and LOCAL AGENCY will have thirty (30) calendar days within which to effect that cure. If LOCAL AGENCY does not MAINTAIN the ARTWORK or establish a plan and schedule to do so that is acceptable to STATE, STATE may either perform the MAINTENANCE on behalf of LOCAL AGENCY at LOCAL AGENCY’s expense, remove the ARTWORK at LOCAL AGENCY’s sole cost and expense and restore STATE’s right of way to its prior condition, or direct the LOCAL AGENCY to do so at LOCAL AGENCY’s expense.

LOCAL AGENCY hereby agrees to pay said STATE costs and expenses, within thirty (30) calendar days of receipt of billing by STATE.

9. Duties Upon Termination. In the event this AGREEMENT is terminated, LOCAL AGENCY shall remove the ARTWORK if STATE provides written consent for such removal and restore STATE’s right of way to a safe and attractive condition compliant with all applicable laws and regulations and acceptable to STATE.

10. Additional LOCAL AGENCY Duties. During any MAINTENANCE work under this AGREEMENT, LOCAL AGENCY shall be responsible for MAINTAINING traffic operations and traffic control, including traffic lane closures as needed, to perform the MAINTENANCE in a safe and lawful manner. LOCAL AGENCY shall be responsible for obtaining any encroachment permits required by STATE or 3 of 13
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under this AGREEMENT. LOCAL AGENCY shall be responsible for complying with any and all state laws and regulations in the performance of its MAINTENANCE duties. LOCAL AGENCY shall provide STATE’s District 6 Area Maintenance Superintendent, (559) 674-7118, at least twenty-four (24) hours prior telephone or email notice before performing any maintenance services under this AGREEMENT. MAINTENANCE services shall be performed between the hours of 9:00 AM and 3:00 PM or a time otherwise authorized by STATE and may be performed on weekends and holidays if necessary.

11. Location Impacts. Except as expressly authorized in writing by STATE, LOCAL AGENCY, in performing its obligations under this AGREEMENT, shall not alter any existing freeway or highway structure or facility, nor shall it remove any landscaping within the STATE’s right of way to MAINTAIN or alter the ARTWORK.

12. Costs and Expenses Borne by LOCAL AGENCY. The cost and expense of all work by or on behalf of LOCAL AGENCY shall be borne solely by LOCAL AGENCY, and no cost or expense shall be borne by STATE. STATE will not be responsible for the cost or expense of any MAITNENANCE, or any other maintenance, graffiti removal, repair, or restoration of the ARTWORK. STATE will not be responsible for any damages caused by any vandalism or accidents on the roadway. STATE shall only be responsible for its own direct actions.

13. Obligation to Remove ARTWORK. LOCAL AGENCY shall remove the ARTWORK whenever, in the opinion of STATE, it creates a maintenance, safety, or operational concern. In the event LOCAL AGENCY fails to remove the ARTWORK in a timely manner, STATE may remove the ARTWORK thirty (30) calendar days following written notification to LOCAL AGENCY, and STATE will bill LOCAL AGENCY for, and LOCAL AGENCY shall pay, all costs and expenses arising from its removal and for the restoration of STATE’s right of way to their original condition. STATE reserves the right to remove the ARTWORK or alter parts thereof due to any emergency, such as, but not limited to, an immediate safety hazard to the public as determined by STATE. Removal activities may include any construction, rehabilitation, or other necessary activities affecting transportation facilities without any obligation, compensation to, or approval of LOCAL AGENCY.

14. Unsatisfactory Conditions. STATE may provide LOCAL AGENCY with timely written notice of unsatisfactory conditions that require correction by the LOCAL AGENCY. However, the non-receipt of notice does not excuse LOCAL AGENCY from performing maintenance responsibilities assumed under this AGREEMENT.

STATE shall notify LOCAL AGENCY at least thirty (30) calendar days in advance of any planned work that may impact the ARTWORK. If the work required is due to a safety hazard, this notification period does not apply, and STATE will notify LOCAL AGENCY as soon as practicable of the planned or performed work. 4 of 13
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15. Acknowledgement of Title. LOCAL AGENCY, and its agents, recognize that STATE owns the exclusive title to the ARTWORK, including but not limited to, the right physically to possess, transfer, sell, dispose of, or destroy the ARTWORK.

16. Effect on Prior Maintenance Agreements. This AGREEMENT does not supersede or replace any prior maintenance agreements between LOCAL AGENCY and STATE concerning the highways, freeways, or other STATE facilities within the STATE right of way in which the ARTWORK is placed, except to the extent those agreements concern or effect the ARTWORK or the purposes of this AGREEMENT.

17. Encampments. If encampments belonging to Persons Experiencing Homelessness (PEH) are encountered by LOCAL AGENCY during MAINTENANCE of the ARTWORK, the LOCAL AGENCY will inform the STATE and comply with any existing agreements between STATE and LOCAL AGENCY regarding the removal of the PEH and any structures, personal property, debris, and/or other items related to the encampment that covers the location(s) shown in Exhibit A, subject to STATE’s Encampment Removal policy, MPD 1001 R1 and applicable State and Federal law. In the absence of any such agreements, STATE will determine how to proceed with the PEH and encampment(s) and communicate with LOCAL AGENCY on how to proceed with MAINTENANCE under this AGREEMENT.

18. No Third-Party Beneficiaries. This AGREEMENT is not intended to create duties, obligations, or rights of third parties beyond the PARTIES to this AGREEMENT. Nor does this AGREEMENT affect a PARTY’s legal liability by imposing any standard of care for the operation and maintenance of STATE highways and LOCAL AGENCY facilities different from the standard of care imposed by law.

19. Indemnification.

A. Neither LOCAL AGENCY nor any of its officers or employees is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE in connection with any work, authority or jurisdiction conferred upon STATE pursuant to this AGREEMENT. To the extent permitted by law, STATE shall fully defend, indemnify, and save harmless LOCAL AGENCY and its officers and employees from all claims, suits or actions of every kind occurring by reason of anything done or omitted to be done by STATE, its contractors, subcontractors, and/or its agents pursuant to this AGREEMENT.

B. Neither STATE nor any of its officers or employees is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by LOCAL AGENCY in connection with any work, authority or jurisdiction conferred upon LOCAL AGENCY pursuant to this AGREEMENT. To the extent permitted by law, LOCAL AGENCY shall fully defend, indemnify, and save harmless STATE and its officers and employees from all claims, suits or actions of 5 of 13
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every kind occurring by reason of anything done or omitted to be done by LOCAL AGENCY, its contractors, sub-contractors, and/or its agents pursuant to this AGREEMENT.

20. Prevailing Wages and Labor Code Compliance. LOCAL AGENCY shall comply with any and all applicable labor and prevailing wage requirements in Labor Code Sections 1720 through 1815 and implementing regulations for any public works or maintenance contracts and subcontracts executed for the LOCAL AGENCY’s work under this AGREEMENT.

21. Insurance. LOCAL AGENCY and its contractors and subcontractors shall maintain in force during the term of this AGREEMENT a policy of general liability insurance, including coverage of bodily injury and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence, $2 million in aggregate, and $5 million in excess. LOCAL AGENCY will provide a certificate of insurance evidencing this insurance in a form satisfactory to STATE

22. Termination. This AGREEMENT may be terminated by the mutual written consent of each PARTY. STATE may terminate this AGREEMENT at any time with or without cause.

23. Successors. This AGREEMENT shall be binding upon and inure to the benefit of each of the PARTIES and their respective successors-in-interest including, any subsequently incorporated city or other municipality established within the LOCAL AGENCY’s jurisdictional limits. If the successor city or municipality fails to accept the obligations of the LOCAL AGENCY by entering into a new agreement with STATE, LOCAL AGENCY shall continue to be contractually bound by the terms of this AGREEMENT.

24. Authority. Each individual executing this AGREEMENT on behalf of each PARTY represents and warrants that the individual is duly authorized to execute this AGREEMENT. LOCAL AGENCY represents and certifies that it has, through its regular political process, authorized the execution of this AGREEMENT by appropriate resolution, delegation, or plenary authority, as required. Further, on _________________, the Council of the City of Madera through Resolution No. _____ approved a recommendation to accept MAINTENANCE responsibilities for the ARTWORK.

25. Amendment to Agreement. The terms of this AGREEMENT can be changed only by a formal written amendment executed by all PARTIES.

26. Counterparts. This AGREEMENT may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document.
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27. Electronic Signatures. Electronic signatures of the PARTIES, whether digital or encrypted, are intended to authenticate this written AGREEMENT, and shall have the same force and effect as manual signatures for this AGREEMENT.

Alicia Gonzales,
City Clerk

THE CITY OF MADERA

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
Dated:

Cece Gallegos,
Mayor
APPROVED AS TO FORM:

Dated: Dated:

Shannon L. Chafin,
City Attorney
John Liu, Deputy District
Director Maintenance
and Operations
ATTEST:

Dated:
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EXHIBIT A1
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EXHIBIT A2

ARTWORK RENDERING
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EXHIBIT A4
Renderings of Selected Artwork
Artwork Above by Daniel Van Gerpen, Full of Promise
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Artwork Above by Amy P. Morgan, Valley Animal Icons
Artwork Above by Patricia Pratt, Central Valley Flora & Fauna 12 of 13
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EXHIBIT A6
Artwork Above by Andrea Torres, From Dawn to Dusk
Artwork Above by Anne Whitehurst, Westside Sunset
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REPORT TO CITY COUNCIL
Approved by:
________________________________
Joseph Hebert, Parks & Community Services Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Madera County Department of Child Support Services Fee Waiver Request for the 3rd Annual Kickball Charity Tournament Event
RECOMMENDATION:

Adopt a Resolution waiving the rental fees of the Sunrise Rotary Sports Complex on May 24, 2025, related to the 3rd Annual Kickball Charity Tournament event hosted by the Madera County Department of Child Support Services, at an anticipated fee rental of $437.50 SUMMARY:

The City received a request from the Madera County Department of Child Support Services (MCDCSS) seeking a waiver of rental fees for the use of several softball fields at Sunrise Rotary Sports Complex (SRSC) to host the 3rd Annual Kickball Charity Tournament event. The event is scheduled for Saturday, May 24, 2025, from 8:00 a.m. to 3:00 p.m.

DISCUSSION:

The MCDCSS has submitted a formal request to use the SRSC fields, specifically the north and south softball fields at the park.

MCDCSS has shared they are the event organizers. The event aims to bring together employees from all county agencies for a day of friendly competition while supporting a worthy cause. The event itself will help raise funds for charity, with proceeds from the participating registration fees, sponsorships, and any additional donations. The winner(s) will designate the charity of their choice to receive the funds.

Council Meeting of: April 2, 2025
Agenda Number: B-4
MCDCSS is committing to adhering to all rules and regulations regarding the use of the park and will ensure the area is left in its original condition following the conclusion of the event.

This event is subject to all other applicable requirements. This includes the provision of acceptable rental insurance.

FINANCIAL IMPACT:

The applicable costs associated with the rental of the fields at SRSC, 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 $100
Rental of Fields $212.50
Total $437.50
The total applicable cost for the SRSC field rental would be $437.50.

ALTERNATIVES:

The Council may elect to reject the fee waiver and require the MCDCSS to remit any associated fees if they wish to rent SRSC north and south fields for the 3rd Annual Kickball Charity Tournament event.

ATTACHMENTS:

1. Resolution – Waiving the rental fees of the Sunrise Rotary Sports Complex on May 24, 2025, related to the 3rd Annual Kickball Charity Tournament event hosted by the Madera County Department of Child Support Services, at an anticipated fee rental of $437.50 ATTACHMENT 1
Resolution – Waiving the rental fees of the Sunrise Rotary Sports Complex on May 24, 2025, related to the 3rd Annual Kickball Charity Tournament event hosted by the Madera County Department of Child Support Services, at an anticipated fee rental of $437.50 RESOLUTION NO. 25-______

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

CALIFORNIA WAIVING THE RENTAL FEES OF THE SUNRISE ROTARY SPORTS COMPLEX ON MAY 24, 2025, RELATED TO THE 3RD ANNUAL

KICKBALL CHARITY TOURNAMENT EVENT HOSTED BY THE MADERA

COUNTY DEPARTMENT OF CHILD SUPPORT SERVICES, AT AN
ANTICIPATED FEE RENTAL OF $437.50
WHEREAS, the City has received a request for waiving of fees for the rental of softball fields at the Sunrise Rotary Sports Complex (SRSC); and WHEREAS, the request is from the Madera County Department of Child Support Services (MCDCSS); and
WHEREAS, the MCDCSS is looking to host the 3rd Annual Kickball Charity Tournament event; and
WHEREAS, the request is for rental utilization on Saturday, May 24, 2025, from 8:00 am – 3:00 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 $437.50; and WHEREAS, the MCDCSS is still subject to providing insurance documentation for City facility rentals that meet City requirements.

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

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

2. The Council finds that the waiver of fees as set forth in this resolution serves a valid public purpose in that the Madera County Department of Child Support Services event not only encourages physical fitness and sportsmanship between employees but serves as a fundraiser for charities, which in turn directly may benefit the community.

3. The City Council does hereby waive the City fees for Rental Fees of the Sunrise Rotary Sports Complex on the date and time identified, subject to confirmation of insurance.

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

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Michael Lima, Director of Financial Services
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Resolution Authorizing the Filing of Applications with the Federal Transit Administration (FTA) RECOMMENDATION:

Adopt a resolution approving the City Manager or their designee the authority to submit and execute FTA applications on behalf of the City of Madera SUMMARY:

As part of FTA’s certification requirements under 49 U.S.C. Chapter 53 Title 23, a recipient wishing to submit an FTA application must meet the prerequisite of establishing an Authorizing Resolution identifying its agency’s signatory. Doing so will allow the City to apply, execute, and receive FTA funds.

The City Manager or their designee would be identified as the authorized personnel to submit and execute FTA applications.

DISCUSSION:

One of FTA’s prerequisites is that a recipient must demonstrate the legal capacity to carry out projects in federal assistance awards. Specifically, recipients must be eligible and authorized under state or local law to request, receive, and spend FTA funds in the administration of FTAassisted projects. One of those prerequisites is that each recipient organization has an Authorizing Resolution from its Board of Directors, or equivalent, before being able to both apply for assistance and commit the recipient to compliance with terms of an award.

The City of Madera is a direct recipient of FTA Urbanized Area (UZA) Program Funds, and thus must meet the Authorizing Resolution requirement. These funds are used to support capital and operating projects. The last Authorizing Resolution was submitted on August 3, 2017. FTA is requesting an updated Resolution to meet this requirement. Staff is requesting that this Council Meeting of: April 2, 2025
Agenda Number: B-5
appointment be maintained by the City Manager or their designee for future FTA application submittal and execution. The proposed resolution is limited to applying for and receiving FTA funds.

FINANCIAL IMPACT:

Approval of this resolution has no direct financial impact. However, failure to submit an updated Authorizing Resolution to the FTA will impact the City’s ability to apply for future funding.

ALTERNATIVES:

Council may request additional information from staff prior to approving this resolution.

ATTACHMENTS:

1. Resolution
RESOLUTION NO. ___________

RESOLUTION AUTHORIZING THE FILING OF APPLICATIONS WITH THE

FEDERAL TRANSIT ADMINISTRATION, AN OPERATING ADMINISTRATION

OF THE UNITED STATES DEPARTMENT OF TRANSPORTATION, FOR
FEDERAL TRANSPORTATION ASSISTANCE AUTHORIZED BY 49 U.S.C.

CHAPTER 53; TITLE 23, UNITED STATES CODE, OR OTHER FEDERAL

STATUTES ADMINISTERED BY THE FEDERAL TRANSIT ADMINISTRATION WHEREAS, the City of Madera (the “City”) is a designated direct recipient to receive United States Department of Transportation grants through the Federal Transit Administrator (FTA); and WHEREAS, the FTA has been delegated authority to award Federal financial assistance for a transportation project; and
WHEREAS, the grant or cooperative agreementfor Federal financial assistance will impose certain obligations upon the applicant, and may require the applicant to provide the local share of the project cost; and
WHEREAS, the City has or will provide all annual certifications and assurances to the FTA required for the project.

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

1. That the recitals above are true and correct.

2. That the City Manager or their designee is authorized to execute and file an application for federal assistance on behalf of the City of Madera with the Federal Transit Administration for federal assistance authorized by 49 U.S.C. Chapter 53, title 23, United States Code, or other federal statutes authorizing a project administered by the Federal Transit Administration.

3. That the City Manager or their designee is authorized to execute and file with its applications the annual certifications and assurances and other documents the Federal Transportation Administration requires before awarding a federal assistance grant or cooperative agreement.

4. That the City Manager or their designee is authorized to execute grant and cooperative agreements with the Federal Transit Administration on behalf of City of Madera.

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

REPORT TO CITY COUNCIL
Approved by:
_________________________________
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 121 West Dunham Street (APN 012-054-013)
SUMMARY:

Right-of-Way (ROW) acquisition from one parcel of land is necessary for Sidewalk Improvements per City Project R-94 Bid Package 3 Phase 2 AHSC Agreement No. 19-AHSC-12761 (Project).

Council previously approved similar ROW acquisitions for the same projects at its meetings of February 29th, March 5th, and March 19th. One additional acquisition is presented as part of this item.

The agreement and easement deed have been executed by the property owner and it is recommended for approval. The value of the land for the acquisition of the parcel is $1,000.

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. This is part of a larger, previously approved project by the City Council. 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. As part of the project, ROW acquisition is necessary from owners of 14 parcels, 7 of which were previously approved by the City Council and have been executed. This item would bring the total to 8 of the necessary 14 parcels. For Approved by:
_________________________________
Keith Helmuth, Department Director
Council Meeting of: April 2, 2025
Agenda Number: B-6
the parcel location, see the Location Map attached to report.

The land acquisition and improvement from the subject parcel is listed in Table 1. The subject parcel is owned by Madera County Board of Education.

Table 1: ROW Impact & Cost
APN Area
(Square Feet) Cost
012-054-013 116 $1,000
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 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 (121 W Dunham Street, Madera, CA 93637) Exhibit 1 – Deed with Two Exhibits
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 121 WEST DUNHAM STREET, MADERA, CA 93637 (APN 012-054-013) 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, one property owner of record, listed in Exhibit 1 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 the City’s recent acquisitions for commercial and residential properties; 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 an Agreement for Purchase and Sale of Real Property with Madera County Board of Education in the amount of $1000 and accepts the Easement Deed from the same for sidewalk improvements at 121 W Dunham Street, Madera, CA 93637,

3. The 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 (121 W Dunham Street, Madera, CA 93637) Exhibit 1 – Deed with Two Exhibits

EXHIBIT A
Agreement
(121 W Dunham Street, Madera, CA 93637)
OWNERS: Madera County Board of Education
PROJECT: AHSC Sidewalk Improvements at Various Locations, City Project R-94 ADDRESS: 121 W Dunham Street APN: 012-054-013
Madera, CA 93637
SITUS: DUNHAM STREET BETWEEN MARTIN ST AND MADERA AVE

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

Madera County Board of Education, 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 121 W Dunham Street, in the City of Madera, County of Madera, State of California, (APN 012-054-013) 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 One Thousand Dollars and no Cents ($1,000.00) 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 A TO AGREEMENT

EASEMENT DEED

EXHIBIT 2
Property Owner 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
012-054-013 Madera County Board of Education $1000.00
28123 Avenue 14
Madera, CA 93638
Attachment 2
Location Map

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Keith Helmuth, City Engineer
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Right of Entry Agreement with Union Pacific Railroad Company for the installation of an electrical service for City Project R-10, Olive Avenue Widening
RECOMMENDATION:

Adopt a Resolution approving a Right of Entry Agreement with Union Pacific Railroad Company (UPRR) for the installation of electrical service conduit within UPRR right of way related to the Olive Avenue Widening project
SUMMARY:

The franchise utility conversion from overhead to underground as part of the Olive Avenue Widening and Reconstruction Gateway Drive to Knox Street, Phase Utility Underground Project (Project) has been under construction since the fall of 2020. The Right of Entry Agreement (Agreement) is to allow the City’s contractor to install approximately 68 linear feet of new threeinch underground conduit within UPRR right-of-way at the Olive Avenue rail crossing. The conduit will connect to a new UPRR electrical service pedestal that will serve the current UPRR signal controller cabinet as well as the future relocated UPRR crossing signal controller cabinet.

DISCUSSION:

The overhead franchise utilities along Olive Avenue between Gateway Drive and Knox Street are being converted to underground due to conflicts with the road widening portion of the Project and in accordance with City policies to underground overhead utilities when feasible along arterial routes. Council awarded the Project to Mid Cal Pipeline and Utilities, Inc (Mid Cal) on May 6, 2020.

The work is substantially complete except for the electric service to the existing UPRR signal cabinet. The underground service feed requires installation of conduit on UPRR property. The Council Meeting of: April 2, 2025
Agenda Number: B-7
Agreement will give the City the right to enter UPRR right of way to have our contractor, Mid Cal, install the conduit within UPRR right of way. PG&E will provide the electrical service for the new crossing controller.

Given that the Project includes widening of the UPRR crossing with new safety crossing arms and signals, the existing UPRR crossing signal controller cabinet will be replaced and a new controller that will be installed at a new location out of the future Olive Avenue roadway. The new electric service pedestal to be installed with the current project will also serve the future cabinet.

Construction inspection and flagging will be performed by City forces and authorized representatives of URRR. This work will be conducted as part of a no fee permit that is required to perform this work within UPRR right of way. However, there will be costs incurred by Mid Cal for additional construction requirements and railroad protective liability insurance. Flagging costs are unknown at this time but are anticipated.

FINANCIAL IMPACT:

There will be no impact to the City's General Fund. Any costs associated with the Agreement will come from the project funds programmed in the FY 2024/25 CIP Budget.

ALTERNATIVES:

Should Council not approve the Agreement, the PG&E service to the UPRR signal cabinet cannot be installed. PG&E will not complete the underground utility conversion until facilities are in place for all services.

ATTACHMENTS:

1. Council Resolution
a. Exhibit 1 – UPRR Right of Entry Agreement
Attachment 1
Resolution
RESOLUTION NO. 25-_____

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

APPROVING A RIGHT OF ENTRY AGREEMENT WITH UNION PACIFIC

RAILROAD COMPANY (UPRR) FOR THE INSTALLATION OF ELECTRICAL

SERVICE CONDUIT WITHIN UPRR RIGHT OF WAY RELATED TO THE OLIVE

AVENUE WIDENING PROJECT
WHEREAS, the City Council of the City of Madera adopted Resolution 20-156 approving an agreement with Pacific Gas & Electric (PG&E) for the undergrounding of overhead utilities for the Olive Avenue Widening Project wherein the City is to install the underground substructure; and
WHEREAS, the City Council adopted Resolution 20-62 awarding a contract to Mid Cal Pipeline and Utilities on May 6, 2020 for the Olive Avenue Widening and ReconstructionGateway Drive to Knox Street, Phase 2, Utility Undergrounding City Project No. R-000010 (Project); and
WHEREAS, a Right of Entry Agreement has been prepared by the Union Pacific Railroad (UPRR) Company that specifies the obligations, responsibilities, and costs of the City of Madera and the City’s contractor for the right to enter and construct an underground electrical conduit on UPRR property necessary for completion of the Project.

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

1. The above recitals are true and correct.

2. The Right of Entry Agreement as described above and attached hereto as Exhibit 1 is necessary for the carrying out of the Project is hereby approved.

3. The City Engineer is authorized to execute the agreement on behalf of the City.

4. This resolution is effective immediately.
*******
Exhibit 1
Union Pacific Railroad Right of Entry Agreement
Exhibit BROE 880702
Fonn Approved, A VP-Law
March 20, 2025
Project: 0789462

CITY OF MADERA
Attached is an original of a Right of Entry agreement covering your use of the Railroad Company's right of way. The terms of this document are final and non-negotiable. Do not make any alterations or changes to the document.

Please return the executed agreement via email. Your copy of the fully executed document will be returned to you, when approved by the Railroad Company. You are not authorized to enter the Railroad's property or begin any work until you have received your fully executed counterpart from the Railroad and have made all required contacts and notifications.

Also attached is a Contractor's Endorsement which must be executed and returned by each of vour Contractors.

Payment in the amount of Intentionally Omitted, Zero Dollars ($0.00) is due and payable upon your execution of the agreement. Please follow the accompanying payment instructions. Send your payment with Project No. 0789462 referenced.

If you require formal billing, you may consider this letter as a formal bill. In compliance with the Internal Revenue Service's policy regarding Form 1099, I certify that 946001323 is the Railroad Company's Federal Taxpayer Identification Number and that UNION PACIFIC RAILROAD COMPANY is doing business as a corporation.

Railroad Protective Liability Insurance (RPLI) may be obtained from any insurance company which offers such coverage. Union Pacific has also worked with a national broker, Marsh USA, to make RPLI available to you or your contractor. You can find additional information, premium quotes, and application forms at (uprr.marsh.com).

This agreement will not be accepted by the Railroad Company until you have returned all of the following:

1. Executed counterparts of Right of Entry Agreement [including the Contractor's Endorsement(s)];

2. Payment in the amount of Zero Dollars ($0.00) with the Project Number 0789462 referenced;

3. Railroad Protective Liability Insurance (RPLI) certificate listing project number 0789462. Only one RPLI certificate is required for this project.

If you have any questions, please contact me at [email protected].

Sincerely,
Thomas Leddy
Mgr II Real Estate
Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fie (402) 501-0340 Exhibit BROE 880702
Form Appro\'cd, A VP-Law

CONTRACTOR'S ENDORSEMENT
Project No. 0789462
A. As a condition to entering upon Licensor's right-of-way to perform work pursuant to this Agreement, Licensee's contractor must fill in its legal company name and mailing address:

Mid Cal Pipeline & Utilities, Inc.

P.O. Box 2406
Merced, CA 95344
(hereinafter "Contractor") agrees to comply with all the terms and provisions of this Agreement relating to the work to be performed and the insurance requirements set forth in Exhibit C.

B. Before the Contractor commences any work, the Contractor(s) will execute and return this Contractor's Endorsement, and will comply with the insurance coverage required pursuant to Exhibit C in a policy which contains the following type endorsement:

UNION PACIFIC RAILROAD COMPANY is named as an additional insured with respect to all liabilities arising out oflnsured's performance of work on behalf of the Licensee.

All insurance correspondence shall be directed to: Thomas Leddy - Project No. 0789462, Union Pacific Railroad Company, 1400 Douglas Street STOP 1690, Omaha, Nebraska 68179-1690.

Tammy L. Fausone
Printed Name: Tammy L. Fausone
Title: Corporate Officer/Secretary
Phone: 209-383-7 4 73
Email: [email protected]
Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx (402) 501-0340 Exhibit BROE 880702
Form Approved, A VP-Law

RIGHT OF ENTRY AGREEMENT
Project No. 0789462
THIS AGREEMENT is made and entered into as ofMarch 20, 2025, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter the "Railroad"), and CITY OF MADERA, to be addressed at 205 West 4th Street, Madera, CA 93637 (hereinafter the "Licensee").

IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:

Article 1. DEFINITION OF LICENSEE.

For purposes of this Agreement, all references in this Agreement to the Licensee shall include the Licensee's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority.

Article 2. RIGHT GRANTED; PURPOSE.

The Railroad hereby grants to the Licensee the right, during the term hereinafter stated and upon and subject to each and all of the terms, provisions and conditions herein contained, to enter upon and have ingress to and egress from the portion of Railroad's property between Mile Post 184.59 and 184.69, Fresno Subdivision, at or near Madera, California, for the purpose of providing access and a temporary workspace to add an underground electric wireline encrachment servicing railroad infrastructure. The right herein granted to Licensee is limited to those portions of the Railroad's property specifically described herein in the location shown on the print marked Exhibit A, attached hereto and hereby made a part hereof, or designated by the Railroad Representative named in Article 4.

For the purposes of Exhibit A, Licensee acknowledges that if it or its contractor provides to Railroad digital imagery, Licensee authorizes Railroad to use the Digital Imagery in preparing the print attached as an exhibit hereto. Licensee represents and warrants that through a license or otherwise, it has the right to use the Digital Imagery and to permit Railroad to use the Digital Imagery in said manner.

Article 3. TERMS AND CONDITIONS CONTAINED IN EXHIBITS BAND C.

The terms and conditions contained in Exhibits B and C, hereto attached, are hereby made a part of this Agreement.

Article 4. ALL EXPENSES TO BE BORNE BY LICENSEE;
RAILROAD REPRESENTATIVE.

The Licensee shall bear any and all costs and expenses associated with any work performed by the Licensee, or any costs or expenses incurred by the Railroad relating to this Agreement. All work performed by Licensee on Railroad's property shall be performed in a manner satisfactory to the representative local Manager of Signal Maintenance of the Railroad or their authorized representative (hereinafter the Railroad Representative):
www.uo.com/real estate/third-oartv-flagqing/lndex,htm
Article 5. TERM; TERMINATION.

Manager Signal Maintenance
Eugene L. King
[email protected]
402 378-4143
A. The grant of right herein made to Licensee shall commence on the date of this Agreement, and continue until August 1, 2025 unless sooner terminated asherein provided, or at such time as Licensee has completed its work on Railroad's property, whichever is earlier. Licensee agrees to notify the Railroad Representative in writing when it has completed its work on Railroad property.

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Exhibit BROE 880702
Form Appro,·cd, A VP-Law
B. This Agreement may be terminated by either party on ten (10) days written notice to the other party.

Article 6. CERTIFICATE OF INSURANCE.

A. Only upon request, the Licensee shall provide the Railroad with a Certificate issued by its insurance carrier providing the insurance coverage required pursuant to Exhibit C of this Agreement.

B. Union Pacific should be listed as certificate holder and only upon request all insurance correspondence shall be directed to: Union Pacific Railroad Company, (Attn.: Thomas Leddy - Project No. 0789462), 1400 Douglas Street STOP 1690, Omaha, Nebraska 68179-1690.

Article 7. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.

Fiber optic cable systems may be buried on Licensor's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss ofrevenue and profits. Prior to beginning any work, Licensee shall visit up.com/CBUD to complete and submit the required form to determine if fiber optic cable is buried anywhere on the property set forth herein. If it is, the Licensee shall also comply with and be subject to the provisions contained in Section 6 of Exhibit B.

Article 8. ENFORCEABILITY; CHOICE OF LAW; HOJCE OF FORUM.

This Agreement shall be governed, construed, and enforced in accordance with the laws of the state of Nebraska. Litigation arising out of or connected with this Agreement may be instituted and maintained in the courts of the state of Nebraska and only, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation, in those courts, and consent to service of process issued by such courts.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first herein written.

UNION PACIFIC RAILROAD COMP ANY
Federal Taxpayer I.D. 11946001323
By: ____________ _
Thomas Leddy
Mgr II Real Estate

CITY OF MADERA
By: ___________ _ _
Title: ______________ _
Printed Name: ___________ _
(Pursuant to ordinance, resolution, or other evidence of proper authority to execute this i11stroment, a copy of which shall be attached to the Railroad's original coumerpart of this document.)
Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Exhibit BROE 880702
Fonn Apprm·cd, A VP-Law
EXHIBIT "A"
NOTE: BEFORE YOU BEGIN ANY WORK, SEE AGREEMENT FOR FIBER OPTIC PROVISION.

EXHIBIT"A"

UNION PACIFIC RAILROAD COMPANY
Madera, Madera County, California
Fresno Subdivision - 184.59 to 184.69
License to CITY OF MADERA

REAL ESTATE DEPARTMENT

OMAHA, NE
Date: March 20, 2025
Project: 0789462
Union Pacific Railroad Real Estate 1400 Douglas Street Stop \690 Omaha, Nebraska 68179-1690 f, . (402) 501-0340 LIQIND•
WIRELINE ENCROACHMENT· • • -• • •
UPRRCO. R/W OUTLINED • • • -• • • •
CADD 0789462

FILENAME
SCAN X

FILENAME
E OLIVE. AVE
68' TOT AL OF 3" PVC

WIRELINE ENCROACHMENT
' __- FUTURE UPRR S
NOTE: BEFORE YOU BEGIN ANY WORK, SEE
AGREEMENT FOR FIBER OPTIC PROVISIONS.

EXHIBIT "A"

UNION PACIFIC RAILROAD COMPANY

MADERA, MADERA COUNTY, CALIFORNIA
M.P. 184.61 - FRESNO SUB.

MAP SP V-104 / S-23B
SCALE: 1 " = 50'

OFFICE OF REAL ESTATE
OMAHA, NEBRASKA DATE: 11/15/2024
PJB FILE: 0789462
Exhibit BROE 880702
Form Approved, A VP-Law

EXHIBIT B
Section 1 - NOTICE OF COMMENCEMENT OF WORK - FLAGGING.

The Licensee agrees to notify the Railroad Representative at least Ten (10) days in advance of Licensee commencing its work and at least 24 hours in advance of proposed performance of any work by the Licensee in which any person or equipment will be within 25 feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within 25 feet of any track. Upon receipt of such notice, the Railroad Representative will determine and inform the Licensee whether a flagman need be present and whether the Licensee need implement any special protective or safety measures. If any flagmen or other special protective or safety measures are performed by the Railroad, such services will be provided at Licensee's expense with the understanding that if the Railroad provides any flagging or other services, the Licensee shall not be relieved of any of its responsibilities or liabilities set forth herein.

Section 2 - LIMITATION AND SUBORDINATION OF RIGHTS GRANTED.

A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Railroad to use and maintain its entire property including the right and power of the Railroad to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, roadways, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by the Railroad without liability to the Licensee or to any other party for compensation or damages.

B. The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of the Railroad's property, and others) and the right of the Railroad to renew and extend the same, and is made without covenant of title or for quiet enjoyment.

Section 3 - NO INTERFERENCE WITH RAILROAD'S OPERATION.

No work performed by Licensee shall cause any interference with the constant, continuous and uninterrupted use of the tracks, property and facilities of the Railroad, its lessees, licensees or others, unless specifically permitted under this Agreement, or specifically authorized in advance by the Railroad Representative. Nothing shall be done or suffered to be done by the Licensee at any time that would in any manner impair the safety thereof. When not in use, Licensee's machinery and materials shall be kept at least 50 feet from the centerline of Railroad's nearest track, and there shall be no crossings ofRailroad's tracks except at existing open public crossings.

Section 4- PERMITS.

Prior to beginning any work, the Licensee, at its sole expense, shall obtain all necessary permits to perform any work contemplated by this Agreement.

Section 5- MECHANIC'S LIENS.

The Licensee shall pay in full all persons who perform labor or provide materials for the work to be performed by Licensee. The Licensee shall not create, permit or suffer any mechanic's or materialmen's liens of any kind or nature to be enforced against any property of the Railroad for any such work performed. The Licensee shall indemnify and hold harmless the Railroad from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnished.

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx . (402) 501-0340 Exhibit BROE 880702
Form Approved, A VP-Law
Section 6- FIBER OPTIC CABLE SYSTEMS.

In addition to other indemnity provisions in this Agreement, the Licensee shall indemnify and hold the Railroad harmless from and against all costs, liability and expense whatsoever (including, without limitation, attorneys' fees, court costs and expenses) arising out of any act or omission of the Licensee, its contractor, agents and/or employees, that causes or contributes to (1) any damage to or destruction of any telecommunications system on Railroad's property, and (2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on Railroad's property. Licensee shall not have or seek recourse against Railroad for any claim or cause of action for alleged loss of profits or revenue or loss of service or other consequential damage to a telecommunication company using Railroad's property or a customer or user of services of the fiber optic cable on Railroad's property.

Section 7 - COMPLIANCE WITH LAWS.

In the prosecution of the work covered by this Agreement, the Licensee shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work. The Licensee shall use only such methods as are consistent with safety, both as concerns the Licensee, the Licensee's agents and employees, the officers, agents, employees and property of the Railroad and the public in general. The Licensee (without limiting the generality of the foregoing) shall comply with all applicable state and federal occupational safety and health acts and regulations. All Federal Railroad Administration regulations shall be followed when work is performed on the Railroad's property. If any failure by the Licensee to comply with any such laws, regulations, and enactments, shall result in any fine, penalty, cost or charge being assessed, imposed or charged against the Railroad, the Licensee shall reimburse and indemnify the Railroad for any such fine, penalty, cost or charge, including without limitation attorneys' fees, court costs and expenses. The Licensee further agrees in the event of any such action, upon notice thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the Railroad.

Section 8- SAFETY INSTRUCTIONS.

Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the work pursuant to this Agreement. As reinforcement and in furtherance of overall safety measures to be observed by the Licensee (and not by way of limitation), the following special safety rules shall be followed:

A. The Licensee shall keep the job site free from safety and health hazards and ensure that its employees are competent and adequately trained in all safety and health aspects of the job. The Licensee shall have proper first aid supplies available on the job site so that prompt first aid services can be provided to any person that may be injured on the job site. The Licensee shall promptly notify the Railroad of any U.S. Occupational Safety and Health Administration reportable injuries occurring to any person that may arise during the work performed on the job site. The Licensee shall have a non-delegable duty to control its employees, while they are on the job site or any other property of the Railroad to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage or illegally obtained drug, narcotic or other substance that may inhibit the safe performance of work by an employee.

B. The employees of the Licensee shall be suitably dressed to perform their duties safely and in a manner that will not interfere with their vision, hearing or free use of their hands or feet. Only waist length shirts with sleeves and trousers that cover the entire leg are to be worn. If flare-legged trousers are worn, the trouser bottoms must be tied to prevent catching. The employees should wear sturdy and protective footwear. Employees shall not wear boots (other than work boots), sandals, canvas-type shoes or other shoes that have thin soles or heels that are higher than normal. In addition, the Licensee shall require its employees to wear personal protective equipment as Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nchraska 68179-1690 tx (402) 501-0340 Exhibit BROE 880702
Form J\pprol'cd, J\ VP-Law
specified by Railroad rules, regulations or Railroad officials overlooking the work at the job site.

In particular, the protective equipment to be warn shall be:
(1) Protective head gear that meets American National Standard-289.1-latest revision.

It is suggested that all hardhats be affixed with Licensee's or subcontractor's company logo or name.
(2) Eye protection that meets American National Standard for occupational and educational eye and face protection, 287.1-latest revision. Additional eye protection must be provided to meet specific job situations such as welding, grinding, burning, etc.; and (3) Hearing protection which affords enough attenuation to give protection from noise levels that will be occurring on the job site.

C. All heavy equipment provided or leased by the Licensee shall be equipped with audible backup warning devices. lfin the opinion of the Railroad Representative any of Licensee's or any of its subcontractors' equipment is unsafe for use on the Railroad's right-of-way, the Licensee, at the request of the Railroad Representative, shall remove such equipment from the Railroad's right-ofway.

Section 9- INDEMNITY.

A. As used in this Section, "Railroad" includes other railroad companies using the Railroad's property at or near the location of the Licensee's installation and their officers, agents, and employees; "Loss" includes loss, damage, claims, demands, actions, causes of action, penalties, costs, and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from:
(i) injury to or death of persons whomsoever (including the Railroad's officers, agents, and employees, the Licensee's officers, agents, and employees, as well as any other person); and (ii) damage to or loss or destruction of property whatsoever (including Licensee's property, damage to the roadbed, tracks, equipment, or other property of the Railroad, or property in its care or custody).

B. As a major inducement and in consideration of the license and permission herein granted, the Licensee agrees to indemnify and hold harmless the Railroad from any Loss which is due to or arises from any cause and is associated in whole or in part with the work performed under this Agreement, a breach of the Agreement or the failure to observe the health and safety provisions herein, or any activity or omission arising out of performance or nonperformance of this Agreement; regardless of whether caused solely or contributed to in part by the negligence or fault of the Railroad.

C. Any liability of either party hereunder to one of its employees under any Workers' Compensation Act or the Federal Employers' Liability Act shall not be questioned or in any way challenged by the other party, nor shall any jury or court findings, resulting from any employee's suit against either party pursuant to any such Act(s), be relied upon or used by either party in any attempt to assert common law liability against the other.

Section 10- RESTORATION OF PROPERTY.

In the event the Railroad authorizes the Licensee to take down any fence of the Railroad or in any manner move or disturb any of the other property of the Railroad in connection with the work to be performed by Licensee, then in that event the Licensee shall, as soon as possible and at Licensee's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed, and the Licensee shall indemnify and hold harmless the Railroad, its officers, agents and employees, against and from any and all liability, loss, damages, claims, demands, costs and expenses of whatsoever nature, arising from the taking down of any fence or the moving or disturbance of any other property of the Railroad.

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx (402) 501-0340 Exhibit BROE 880702
Fonn Approved, A VP-Law
Section 11 - WAIVER OF BREACH.

The waiver by the Railroad of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed by the Licensee shall in no way impair the right of the Railroad to avail itself of any remedy for any subsequent breach thereof.

Section 12 - ASSIGNMENT - SUBCONTRACTING.

The Licensee shall not assign, sublet or subcontract this Agreement, or any interest therein, without the written consent of the Railroad and any attempt to so assign, sublet or subcontract without the written consent of the Railroad shall be void. If the Railroad gives the Licensee permission to subcontract all or any portion of the work herein described, the Licensee is and shall remain responsible for all work of subcontractors and all work of subcontractors shall be governed by the terms of this Agreement.

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaba, Nebraska 68179-1690 fx , (402) 501-0340 Exhibit DROE 880702
Fonn Approved, A VP-Law
Rev 090506

EXHIBITC
Union Pacific Railroad
Contract Insurance Requirements
Right of Entry Agreement
Licensee shall, at its sole cost and expense, procure and maintain during the life of this Agreement (except as otherwise provided in this Agreement) the following insurance coverage:

A. Comme1-cial General Liabilitv insurance. Commercial general liability (CGL) with a limit of not less than $5,000,000 each occurrence and an aggregate limit of not less than $10,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage).

The policy must also contain the following endorsement, which must be stated on the certificate of msurance:
• Contractual Liability Railroads ISO form CG 24 17 10 01 ( or a substitute form providing equivalent coverage) showing "Union Pacific Railroad Company Property" as the Designated Job Site.

B. Business Automobile Co"erage insurance. Business auto coverage written on ISO form CA 00 01 (or a substitute form providing equivalent liability coverage) with a combined single limit of not less $2,000,000 for each accident.

The policy must contain the following endorsements, which must be stated on the certificate of msurance:
• Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Railroad Company Property" as the Designated Job Site.
• Motor Carrier Act Endorsement - Hazardous materials clean up (MCS-90) ifrequired by law.

C. Workers Compensation and Emplo,•ers Liability insurance. Coverage must include but not be limited to:

Licensee's statutory liability under the workers' compensation laws of the state(s) affected by this Agreement.

Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee.

If Licensee is self-insured, evidence of state approval and excess workers compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable.

D. Railroad Protective Liabilit,• insurance. Licensee must maintain Railroad Protective Liability insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Railroad as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of $6,000,000. A binder stating the policy is in place must be submitted to Railroad before the work may be commenced and until the original policy is forwarded to Railroad.

E. Umbrella or Excess insurance. If Licensee utilizes umbrella or excess policies, these policies must "follow form" and afford no less coverage than the primary policy.

Other Requirement·s
Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx (402) 501-0340 Exhibit BROE 880702
Form Appro, cd, A VP-Law
G. All policy(ies) required above (except business automobile, worker's compensation and employers liability) must include Railroad as "Additional Insured" using ISO Additional Insured Endorsement CG 20 26, (or substitute form(s) providing equivalent coverage). The coverage provided to Railroad as additional insured shall not be limited by Licensee's liability under the indemnity provisions of this Agreement. BOTH LICENSEE AND RAILROAD EXPECT THAT UNION

PACIFIC RAILROAD COMPANY WILL BE PROVIDED WITH THE BROADEST POSSIBLE

COVERAGE AVAILABLE BY OPERATION OF LAW UNDER ISO ADDITIONAL INSURED FORM CG 20 26.

H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this agreement, or (b) all punitive damages are prohibited by all states in which this agreement will be performed ..

I. Licensee waives all rights against Railroad and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the workers compensation and employers liability or commercial umbrella or excess liability insurance obtained by Licensee required by this agreement.

J. Prior to commencing the work, Licensee shall furnish Railroad with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements in this Agreement.

K. All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the work is to be performed.

L. The fact that insurance is obtained by Licensee will not be deemed to release or diminish the liability of Licensee, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railroad from Licensee or any third party will not be limited by the amount of the required insurance coverage.

Union Pacitic Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx (402) 501-0340

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Michael Lima, Director of Financial Services
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Appointment to the Community Development Block Grant Commission RECOMMENDATION:

Adopt a resolution appointing Stevie Wright to the Block Grant Commission (BGC) SUMMARY:

The Community Development Block Grant (CDBG), Block Grant Commission (BGC) was established on March 18, 2009 to serve in an advisory capacity to staff and City Council (Council) on matters related to CDBG funding. The BGC consists of seven members, with each member of the Council making a nomination to be considered for appointment by the Mayor, subject to approval of the Council by resolution. At this time, Councilmember Mejia has nominated Stevie Wright to serve on the BGC. The Mayor has considered the nomination and has approved the appointment of Ms. Wright. The requested action is a resolution of the City Council to approve the appointment of Ms. Wright to the BGC.

DISCUSSION:

The City is a CDBG entitlement jurisdiction which receives an annual funding allocation with the submission of an Annual Action Plan. As an advisory Commission, duties of the BGC include:

1. Evaluation of annual CDBG request for funding applications.

2. Consideration of the U.S Department of Housing and Urban Development (HUD) priorities and the Council-approved five-year City CDBG Consolidated Plan.

3. Provide Council funding recommendations.

4. Review and recommend approval of CDBG reports including the Consolidated Plan, Annual Action Plans, and any substantial amendments.

Council Meeting of: April 2, 2025
Agenda Number: B-8

5. Promote public participation in the CDBG planning and award process.

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

Table 1. BGC Membership
Applicant Nominating Councilmember City Council District Candy Talley Mayor Gallegos Mayor
Vacant Councilmember Zacharia District 1
Alyssia Arredondo Mayor Pro Tem Rodriguez District 2
Stephanie Nathan Councilmember Montes District 3
Cesar Villegas Councilmember Evans District 4
Stevie Wright Councilmember Mejia District 5
Diana Mosqueda Councilmember Villegas District 6
At this time, the Mayor has considered the nomination of Stevie Wright by Councilmember Mejia and is seeking approval from the City Council of the appointment to the BGC. Per the Municipal Code, appointments will be for a term matching the nominating Council person, or until a replacement is appointed. The Council term for Councilmember Mejia 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.

ALTERNATIVES:

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

ATTACHMENTS:

1. Resolution

2. Volunteer application for Stevie Wright

Attachment 1: Resolution
Resolution No. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA APPROVING THE

APPOINTMENT OF STEVIE WRIGHT TO THE CITY OF MADERA BLOCK GRANT COMMISSION WHEREAS, the City of Madera has established a Block Grant Commission (BGC) to serve in a volunteer capacity to fulfill the duties of the Block Grant as provided in their adopted bylaws; and
WHEREAS, BGC 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, Councilmember Mejia has nominated Stevie Wright to be considered for appointment to the BGC 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 individuals and has appointed Stevie Wright; and
WHEREAS, Stevie Wright has expressed her desire to serve on the BGC.

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 Stevie Wright to the BGC for a term ending December 2, 2026, unless otherwise indicated by the Madera Municipal Code.

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

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Keith Helmuth, City Engineer
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Caltrans Highway Project 06-0Y180 on State Route 145 in Madera County Agreement for the Adjustment of Manhole and Valve Covers
RECOMMENDATION:

Adopt a Resolution Approving Agreement for the Adjustment of Manhole and Valve Covers (Agreement)
SUMMARY:

As part of the Caltrans Highway Project 06-0Y180 on State Route 145 in Madera County of which the State Route 145 Yosemite Avenue Project is part of, Caltrans has agreed to adjust sewer manholes and valves to match the grade of the reconstructed roadway at no cost to the City of Madera (City). This agreement memorializes that commitment.

DISCUSSION:

City staff continues to work with Caltrans staff and their consultant, not just on Yosemite Avenue in Downtown Madera, but on other aspects of the project that extends from a point 0.1 miles south of Pecan Avenue to a point 0.1 miles south of East Madera underpass.

The Agreement used by Caltrans is, as described, a standard agreement. The agreement is not project specific but will allow Caltrans to perform the work at their cost. In addition, it provides an understanding between the City and Caltrans with regard to other work that may be performed on State facilities within the limits of the City on future projects. As written, the Agreement strictly adheres to the criteria required by Caltrans. Deviation from the criteria would require approval of changes at Caltrans headquarters thus resulting in a delay entering into an agreement.

Council Meeting of: April 2, 2025
Agenda Number: B-9
FINANCIAL IMPACT:

There is no fiscal impact to the City's General Fund. Rather, it could be potentially be considered a savings to one of the City’s transportation accounts as the alternative is to adjust the manholes and valves to grade through a separate project initiated by the City.

ALTERNATIVES:

The current design is progressing based on previously agreed-upon concepts. Alternatives for landscaping and aesthetics will be considered as part of the Council's discussion.

ATTACHMENTS:

1. Resolution – Approving Agreement
Exhibit A – Agreement for the Adjustment of Manhole and Valve Covers Attachment 1
Resolution
RESOLUTION NO. 25-______

A RESOLUTION APPROVING AGREEMENT FOR THE ADJUSTMENT OF

MANHOLE AND VALVE COVERS
WHEREAS, the City and State of California Department of Transportation (Caltrans) continue to work cooperatively toward completion of the Downtown Madera CAPM (more formally known to Caltrans as the Pavement Preservation (Multi-Asset CAPM) in and near Madera from 0.1 miles south of Avenue 13 to 0.1 miles south of East Madera underpass); and WHEREAS, in-lieu of the City entering into an agreement with a contractor to adjust manhole and valve covers to the grade of the reconstructed roadway surface, Caltrans has offered to perform these tasks as part of the Downtown Madera CAPM at no charge subject to entering into an agreement to do so; and
WHEREAS, the City desires to enter this agreement due to benefits that include cost savings and complexities of a City contractor [performing work within Caltrans right-of-way.

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

1. The above recitals are true and correct.

2. The agreement entitled “Agreement for the Adjustment of Manhole and Valve Covers” is approved and attached as “Exhibit A”. A copy of the Agreement shall be kept on file in the office of the City Clerk.

3. This resolution is effective immediately upon adoption. * * * * * * * *
Exhibit A
Agreement for the Adjustment of Manhole and Valve Covers STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION EXHIBIT COVER AGREEMENT 13-EX-04 (NEW 05/2022)

Page 1 of 5 ends

Date: ______________________________
PARTIES:

1. State of California, acting by and through the Department of Transportation (“Department”). “Department” includes the Department, its officers, agents, employees and contractors.

2. ____________________(“Owner”). “Owner” includes the Owner, its officers, agents, employees and contractors.

RECITALS:

A. Owner owns, operates or maintains underground utility facilities in the State of California.

B. In order to facilitate the planning, design and construction of Department’s projects, to ensure the safety of the traveling public, and to ensure the continuity of the roadway/highway, manhole and valve cover adjustments need to be made on a routine basis. Utility owners may or may not be responsible for the cost of performing such adjustments, depending upon the liability determination made by the Department, with the cost of such activities allocated as provided by California law, contracts and the Department’s policies.

C. The Department frequently needs to adjust said manhole and valve covers more expeditiously than Owner can readily or economically accomplish.

D. Department is willing to assume control of the operation and cost of such adjustments to certain manhole and valve covers in order to facilitate the Department’s project needs from time to time as provided herein.

THEREFORE, THE PARTIES AGREE AS FOLLOWS:

1. This Agreement for the Adjustment of Manhole and Valve Covers (“Agreement”) is made and executed by the parties hereto in connection with the provisions of Sections 680.5 and 707.5 of the California Streets and Highways Code. This Agreement shall exclusively govern the determination of the obligations and costs to be borne by each party hereto in regard to work described herein in lieu of determination in connection with and under the provisions of Sections 673, 680 and 700 to 707, inclusive, of said Streets and Highways Code, as now or hereafter existing, or under any other laws applicable to said subject matter.

City of Madera

EXHIBIT
COVER AGREEMENT (Cont.) 13-EX-04 (NEW 05/2022)

Page 2 of 5 ends

2. This Agreement shall apply throughout the State of California to all of the Department’s projects and related activities and to all of the Owner’s manhole and valve covers. With regard to any other agreements or parties, this Agreement is not intended to, and shall not, establish any precedent, principle, rule or guide to interpretation.

3. For purposes of this Agreement, manhole and valve cover adjustment is limited to the following: adjusting manhole frames and covers, replacing existing manhole frames, and adjusting manhole rings, valve covers and meter boxes.

This Agreement does NOT include the adjustment to grade of gas, electric or telephone vaults, or any other utility facility not mentioned in this agreement.

4. In the event that the Department initiates a project and the Department determines that some of the Owner’s manhole and valve covers are in physical conflict with Department’s highway project, the Department shall issue a conflict letter (“Conflict Letter”) to the Owner that (a) identifies the manhole and valve covers that are in physical conflict with Department’s highway project and (b) includes a document (the “Reply”) in which the Owner will designate the manhole and valve covers that the Owner agrees to be responsible to adjust. The Owner shall adjust the manhole and valve covers for which it agreed to be responsible within the Department’s project scheduling and other requirements. Owner shall return the Reply to the Department within 30 days of receipt of the Conflict Letter. The Department is authorized to adjust only the manhole and valve covers that are not designated by Owner as those for which the Owner is responsible. The work to be performed under this Agreement is expressly limited to the work required to adjust the manhole and valve covers that are listed in the Conflict Letter, and the Reply shall not and cannot expand the list of manhole and valve covers.

5. Notwithstanding the other terms of this Agreement, the Department may, at its sole option, elect to NOT adjust-to-grade manhole and valve covers that do not satisfy Caltrans standard specifications, as amended from time to time (including without limitation manhole and valve covers that do not use standard rings or covers).

6. This Agreement does not apply to the relocation, rearrangement, removal or protection of utility facilities.

EXHIBIT
COVER AGREEMENT (Cont.) 13-EX-04 (NEW 05/2022)

Page 3 of 5 ends

7. All existing manhole and valve covers will be reused unless the manhole or valve cover requires replacement. Replacement of manhole and valve covers with ancillary parts must meet Buy America compliance by the Department’s contractor. The Department’s contractor is to provide Buy America replacement manhole and valve covers per Owner’s specifications in response to the Cover Adjustment to Grade letter 13-EX-08. If no specifications are provided to the Department by Owner in the reply, the Department’s contractor is authorized to use a general specification attached to the Cover Adjustment to Grade letter 13-EX-08.

8. All work under this Agreement shall be preceded by the delivery of a written Notification to Owner (“NTO”) by the Department to the Owner. The Department shall list the manhole and valve covers that the Department is authorized to adjust pursuant to the Reply, and the Department will identify the manhole and valve covers that it elects to adjust. If the Department elects to not adjust manhole and/or valve covers which the Owner authorized the Department to adjust pursuant to the Reply, then the Owner shall be responsible for the adjustment of those manhole and valve covers in accordance with the provisions of the NTO, and the Owner shall allocate sufficient staff and resources to meet all of the schedules established for the project design and construction work.

9. Following receipt of the Cover Adjustment to Grade letter 13-EX-08, the Owner shall provide confirmation regarding the identity and typical characteristics (including size, material, contents, pressure or capacity) of Owner’s utility facility and related activities, including, but not limited to, inspection services at no expense to the Department, in accordance with the Department’s time schedule. Owner to provide its written confirmation to the Department within 30 days of the date that they receive the Cover Adjustment to Grade letter 13- EX-08.

10.When manhole and valve cover adjustment work is performed by the Department under this Agreement, the cost of the work shall be borne by the Department. When manhole and valve cover adjustment work is performed by the Owner under this Agreement, the cost of the work shall be allocated according to the liability determination made by the Department.

11. The Department may perform its work under this Agreement or it may perform the work through the services of a third-party contractor.

EXHIBIT
COVER AGREEMENT (Cont.) 13-EX-04 (NEW 05/2022)

Page 4 of 5 ends

12.It is intended that all work under this Agreement performed by the Department shall be performed using the contractors that are acceptable to the Department. Owner grants to Department, immediately upon receipt of the NTO and in accordance with the Department’s time schedule, permission to perform manhole and valve cover adjustments within Owner’s private rights of way and facilities, wherever located. Owner retains the right to require reasonable controls and restrictions provided such items are set forth in writing and delivered to the Department (in response to Cover Adjustment to Grade 13-EX-08 letter) at least 30 days from the receipt of the 13-EX-08 letter. a) As part of this Agreement, Owner shall submit, in writing, its preliminary specifications for the adjustment of manhole and valve covers to grade to the Department.
b) Owner will approve, in writing, the Department’s final specifications for the adjustment of manhole and valve covers to grade.

13.Owner shall have access to all phases of the work to be performed by the Department for the purpose of inspection in order to ensure that the work being performed for the Owner is in accordance with the specifications contained in the highway contract, provided such access is made at no cost to the Department. Owner will be notified by the Department’s Resident Engineer to schedule a final field inspection per the Department’s Notice to Owner.

14.Upon completion of the work performed by Department, Owner agrees to accept ownership and the responsibility for the maintenance of the manhole and valve covers.

15. This Agreement supersedes and replaces any previous agreement between the parties relating to the work required to adjust identified manhole and valve covers in physical conflict with Department’s highway projects.

16. This Agreement may only be amended, changed or altered by mutual written agreement of the parties.

17. This Agreement may be terminated by either party upon ninety (90) days written notice from the terminating party to the other party.

18. Time shall be of the essence of this Agreement.

EXHIBIT
COVER AGREEMENT (Cont.) 13-EX-04 (NEW 05/2022)

Page 5 of 5 ends

For The Utility Owner:
_______________________________________ _______________ Date
Name
Title
For The State of California:
_______________________________________ _________________ Tiaira T. Moering, Chief Date
Office of Railroad and Utility Relocations
Division of Right of Way and Land Surveys
California Department of Transportation
DISTRIBUTION:
1 – HQ Right of Way, Office of Railroads and Utility Relocations 1 – District
1 – Utility Owner

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: April 2, 2025
_________________________________ Agenda Number: ___________ Wendy Silva, Director of Human Resources
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Appointment to the Civil Service Commission
RECOMMENDATION:

Adopt a resolution approving the appointment of John Jasper to the Civil Service Commission (Continued from March 19, 2025)
SUMMARY:

The City of Madera Municipal Code provides that the Civil Service Commission (Commission) is comprised of seven (7) members. Each member of the City Council makes a nomination to be considered for appointment by the Mayor and the Mayor has one direct appointment.

Appointments are subject to approval of the City Council by resolution and require four affirmative votes for approval. At the March 19, 2025, meeting, the City Council considered item B-10 regarding two appointments to the Civil Service Commission. Council approved the appointment of Gloria Toscano to the Civil Service Commission for District 5 and continued consideration of the approval of John Jasper’s appointment for District 6.

DISCUSSION:

The Commission is established in Chapter 2 of the City’s Municipal Code. The Commission reviews recruitments and certifies the list of eligible candidates for full time employment with the City.

The Commission also is the hearing body for appeals related to employment practices, including employee discipline, application of the City’s Personnel Rules, and hiring practices. Pursuant to Municipal Code Section 2-2.303, the Commission is a seven (7) member body. Nominations of individuals to serve as Commissioners may be made by each member of the City Council. The Mayor then makes appointments from those nominated. The Mayor also can make a direct appointment if no nomination is provided within a reasonable time. The Mayor’s appointments must be approved by the City Council as a whole, with the resolution of appointment approved by at least four (4) members of the Council.

D-1
This nomination –> appointment –> approval process was developed to comply with Government Code Section 40605, which in summary provides that in a general law City where the office of Mayor is elected at-large, the Mayor, with approval of the City Council, shall make all appointments to boards, commissions, and committees.

Commission members are noted below in Table 1, with the individual considered for approval of appointment indicated in bold text. The District 6 position has been vacant since the resignation of Muhammad Latif in April 2023. Mayor Gallegos has appointed applicant John Jasper, whose application to serve was on-file with the City Clerk’s office. At its March 19, 2025, meeting, the City Council voted 3-2 to continue the District 6 appointment on the published agenda as item B10 to its April 2, 2025, meeting. The action contemplated with this report is the continuation of that item to confirm the appointment of Mr. Jasper. The Municipal Code provides that the resolution of appointment must receive at least four (4) affirmative votes to pass.

Table 1. Civil Service Commission Appointments
Commissioner Nominating Councilmember City Council District Dennis Smith Mayor Gallegos At-large Mayor
Nick Salinas Councilmember Zacharia
(previously appointed by then-District 1
Councilwoman Gallegos)
District 1
Vacant Mayor Pro Tem Rodriguez District 2
Saim Mohammad Councilmember Montes District 3
Shawn Griffin Councilwoman Evans District 4
Gloria Toscano Councilwoman Mejia District 5
John Jasper Councilmember Villegas (appointment by Mayor Gallegos due to ongoing vacancy)
District 6
FINANCIAL IMPACT:

There is no anticipated financial impact.

ALTERNATIVES:

Council members may submit additional nominations to the Mayor for consideration of appointment. Alternatively, Council may direct staff to seek additional applications to serve on the Commission.

ATTACHMENTS:

1. Resolution

2. Volunteer application for John Jasper
Attachment 1: Resolution
Resolution No. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

APPROVING THE APPOINTMENT OF JOHN JASPER TO THE CITY OF

MADERA CIVIL SERVICE COMMISSION
WHEREAS, the City of Madera has established a Civil Service 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, due to an ongoing vacancy in representation for City Council District 6, Mayor Gallegos has appointed John Jasper to the Commission for a term concluding December 6, 2028, or as otherwise provided in the Madera Municipal Code; and WHEREAS, John Jasper 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. John Jasper’s appointment to the Civil Service Commission for a term ending December 6, 2028, unless otherwise indicated by the Madera Municipal Code, is approved.

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

CITY OF MADERA

COMMISSION, BOARD, AND COMMITTEE
MAE
VlllEY CENTRAl APPLICATION
I hereby request that I be considered s 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:
__ Airport Advisory Commission
Civil Service Commission --
Loan Review Committee --
__ Transit Advisory Board
-- --------
Please type or print in ink.

Length of residence in the City of Have ou ever been convicted of Are you 18 years of age or Madera: a felony? older?
Years Months 2-. Yes +----- No X. Yes X'" No ---
Educational background:

City Clerk Page 1 of 2
Update 09/19/23
Please list any organizations of which y u are a member and any offices you have held in those organizations:
'
Please list any appointed public boards or ~ mmissions on which you have served, dates of service, and any chairmanship or office held: I ,
t,J\~ u.A \J ,.., ,'\Feel ~cJO I \::f '!: CrA.KI.CJ. \ <3 '-U"~ - t,.Ae,v1,\,,o,-- (;N\(} CM A ,,t , ?t,(t sc>ooo\ •
I am interested in serving for the following J.,ons:
~\\ C £ cv:u\ Cf -\-6
Date
Please retl n complete a • ation to:

ITV OF MADERA

OFFI E OF THE CITY CLERK
205 West 4 h Street, Madera, CA 93637
cit ov
(559) 661-5405
City Clerk Page 2 of 2
Update 09/19/23

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: April 2, 2025
_________________________________ Agenda Number: ___________ Arnoldo Rodriguez, City Manager
SUBJECT:

Quarterly Board, Commission, and Committee Attendance
RECOMMENDATION:

This report is submitted for informational purposes only and there is no action requested from the City Council.

SUMMARY:

This report offers an overview of attendance by appointed members to City boards, commissions, and committees for the first Quarter of 2025. The purpose is to promote transparency and provide the City Council with insight into participation levels of their appointees.

BACKGROUND:

The City Council appoints individuals to serve on various boards, commissions, and committees to represent the community and provide input on key policies and programs. Regular attendance is crucial for these entities to effectively conduct business and achieve their objectives.

Monitoring attendance ensures accountability and informs the Council about member engagement levels. This report is intended to provide information on the various appointees for active commissions, commissions and boards for the first quarter of 2025 (Q1).

DISCUSSION:

The 2025 Annual Local Appointments List is attached, providing a comprehensive overview of current appointees, including their appointment date, term expiration, and required qualifications. This list serves as a reference for identifying appointees, their nominating district, and any existing vacancies.

For this report, attendance records have been compiled to offer a detailed account of member participation, including the number of meetings attended by each appointee and their E-1
attendance percentages for Q1 2025. These records cover the following boards, commissions, and committees, excluding those classified as “inactive:”  Civil Service Commission
 Americans with Disability Act Advisory Council (ADA)
 Planning Commission
 Airport Advisory Commission
 Community Development Block Grant (CDBG) Commission
 Golf Course Advisory Committee
 Transit Advisory Board
Inactive Commissions:
 Youth Commission
 Beautification Committee
 Loan Review Committee
Civil Service Commission
Mayor District 1 District 2 District 3 District 4 District 5 District 6 Commissioner Dennis Smith Nick Salinas Vacant Saim Mohammad Shawn Griffin Gloria Toscano (Appointed 3/19/2025) Vacant
3/3/2025 Yes Yes N/A Yes Yes N/A N/A
Attendance: 100% 100% N/A 100% 100% N/A N/A
Note: Only one Civil Service Commission meeting was scheduled in Q1; quorum was established.

ADA Advisory Council
Mayor District 1 District 2 District 3 District 4 District 5 District 6 Commissioner DJ Becker Jack Porter Cynthia Ortegon Saim Mohammad Sipho Munyaradzi Gladys Marroquin Diana Robbins 1/21/2025 Absent Yes Absent Absent Yes Absent Yes
Revised Appts Jack Porter Vacant Cynthia Ortegon Saim Mohammad Sipho Munyaradzi Gladdys Marroquin Diana Robbins 2/18/2025 Yes Vacant Absent Absent Yes Absent Yes
3/18/2025 Yes Vacant Yes Absent Yes Absent Yes
Attendance: 100% N/A 33% 0% 100% 0% 100%
Note: The following 2025 meetings did not convene due to lack of quorum: January and February.

Planning Commission
Mayor District 1 District 2 District 3 District 4 District 5 District 6 Commissioner Bobby Sheikh Robert Gran Jr. Rohi Zachariah Saim Mohammad Balwinder Singh Jose Chavez Ramon Lopez 1/14/2025 Yes Yes Yes Yes Absent Absent Yes
2/11/2025 Removed Yes
Ineligible due to
Council appt. Yes Yes Absent Yes
Revised Appts Tim Riche Robert Gran Jr. Abel Perez Saim Mohammad Balwinder Singh Jose Chavez Ramon Lopez 3/11/2025 (Cancelled) N/A N/A N/A N/A N/A N/A N/A
Attendance: N/A 100% N/A 100% 50% 0% 100%
Note: The March 11, 2025, meeting was canceled by staff due to a lack of agenda items. All other Q1 2025 meetings successfully established quorums.

Airport Advisory Board
Mayor District 1 District 2 District 3 District 4 District 5 District 6 Commissioner Miguel Gonzalez Jerry Holiday Issa Zacharia Johanna Torres Stanley Mackey Vacant Ramon Lopez 1/14/2025 Absent Yes Yes Absent Absent N/A Yes
Revised Appts Jerry Holiday Vacant Issa Zacharia Johanna Torres Stanley Mackey Vacant Ramon Lopez Attendance: N/A N/A 100% 0% 0% N/A 100%
Note: The Airport Advisory Committee has been unable to establish a quorum since January 2022.

Note: Attendance percentages calculated for currently appointed representatives.

Golf Course Advisory Committee
Note: The February 18, 2025 meeting was cancelled due to lack of quorum; the position terms for Karla Gran, Chito Romero, and Ed McIntyre will end in September 2025.

CDBG Block Grant Commission
Mayor District 1 District 2 District 3 District 4 District 5 District 6 Commissioner Gabriela Gonzalez-Gutierrez Candy Talley Alyssia Arredondo Stephanie Nathan DJ Becker Olga Garcia Dulce Arredondo 1/29/2025 Absent Yes Yes Absent Yes Yes Absent
Revised Appts Candy Talley Vacant Alyssia Arredondo Stephanie Nathan Cesar Villegas Olga Garcia Diana Mosqueda 3/10/2025 Yes N/A Yes Absent Yes Yes Absent
Attendance: 100% N/A 100% 0% 100% 100% 0%
City Council Parks Director SGM Representative Service
Organization Rep.

Golfer/At-Large
Community Member
Food/Beverage
Representative
Non-Golfer/At-Large
Community Member
Commissioner Jose Rodriguez Joseph Hebert Dan Bacci Karla Gran Chito Romero Lisa Gill Edward McIntyre 1/21/2025 Yes Yes Yes Yes Yes Absent Yes
2/18/2025
(Cancelled) N/A N/A N/A N/A N/A N/A N/A
3/24/2025 Yes Yes Yes Absent Yes Yes Yes
Attendance: 100% 100% 100% 50% 100% 50% 100%
Transit Advisory Board
Mayor District 1 District 2 District 3 District 4 District 5 District 6 Commissioner Cynthia Ortegon Andrew Albonico Vacant Marie Luna Patricia Carreon Otilia Morales Vacant 1/28/2025 Yes Absent N/A Yes Absent Yes N/A
Revised Appts Andrew Albonico Jack Porter Vacant Marie Luna Patricia Carreon Otilia Morales Cynthia Ortegon Attendance: 0% N/A N/A 100% 0% 100% 100%
Note: Attendance percentages calculated for currently appointed representatives. No TAB meetings have taken place since appointments were revised.

FINANCIAL IMPACT:

There is no financial impact associated with this report, apart from the staff time required to prepare it. Members of the various City boards, commissions, and committees serve on a voluntary basis and are not compensated for their contributions.

ALTERNATIVES:

None as this item is for informational purposes only.

ATTACHMENTS:

1. 2025 Local Appointments List

LOCAL APPOINTMENT LIST
(Pursuant to California Government Code Section 54972)
- 1 -
On or before December 31 of each year, each legislative body shall prepare an appointments list of all regular and ongoing boards, commissions, and committees which are appointed by the legislative body of the local agency. This list shall be known as the Local Appointments List. The list shall contain the following information: (a) A list of all appointive terms which will expire during the next calendar year, with the name of the incumbent appointee, the date of appointment, the date the term expires, and the necessary qualifications for the position, (b) A list of all boards, commissions, and committees whose members serve at the pleasure of the legislative body, and the necessary qualifications for each position.

The City of Madera encourages residents to apply for service on City Boards, Commissions and Committees that are currently vacant or that will have vacancies. To obtain an application or request additional information, please contact the City of Madera, Office of the City Clerk at (559) 661-5405; by visiting the City Clerk Department page at www.madera.gov; or by email at [email protected].

District Committee Member Date Appointed Term Expires
Americans with
Disabilities Act
(ADA) Advisory
Council
Mayor Jack Porter 02/05/25 12/01/28
District 1 Vacant ---- 12/01/26
District 2 Cynthia Ortegon 01/16/19 12/01/28
District 3 Saim Mohammad 05/04/22 12/01/26
District 4 Sipho Munyaradzi 01/15/25 12/01/28
District 5 Gladys Marroquin 08/24/22 12/01/26
District 6 Diana Robbins 01/06/21 12/01/28
Airport Advisory
Commission
Mayor Jerry Holiday 02/05/25 12/01/28
District 1 Vacant ---- 12/01/26
District 2 Issa Zacharia 05/16/18 12/01/28
District 3 Johanna Torres 05/19/21 12/01/26
District 4 Stanley Mackey 05/19/21 12/01/28
District 5 Vacant ---- 12/01/26
District 6 Ramon Lopez-Maciel 01/06/21 12/01/28
Beautification
Committee
Mayor Miguel Gonzalez 02/03/21 12/01/24
District 1 Karen Huerta 02/07/18 12/01/26
District 2 Vacant ---- 12/01/28
District 3 Debra M. Basila 03/17/21 12/01/26
District 4 Robert Gonzalez 05/19/21 12/01/28
District 5 Agapita Rocha 01/16/19 12/01/26
District 6 Cynthia MorenoProcopio03/17/21 12/01/28
Civil Service
Commission
Mayor Dennis Smith 02/05/25 12/01/28
District 1 Nick Salinas 02/02/22 12/01/26
District 2 Vacant ---- 12/01/28
District 3 Saim Mohammad 02/02/22 12/01/26
District 4 Shawn Griffin 01/17/24 12/01/28
District 5 Gloria Toscano 03/19/25 12/01/26
District 6 Vacant ---- 12/01/28

LOCAL APPOINTMENT LIST
(Pursuant to California Government Code Section 54972)
- 2 -
District Committee Member Date Appointed Term Expires
CDBG Block
Grant
Commission
Mayor Candace Talley 02/05/25 12/01/28
District 1 Vacant ---- 12/01/26
District 2 Alyssia Arredondo 03/01/17 12/01/28
District 3 Stephanie Nathan 03/18/20 12/01/26
District 4 Cesar Villegas 02/05/25 12/01/28
District 5 Olga P. Garcia 01/16/19 12/01/26
District 6 Diana Mosqueda 02/19/25 12/01/28
Golf Course
Advisory
Committee
Varies. Includes
At-Large
Appointments
by Type and
Appointments
by Category
Jose Rodriguez
(Councilmember) 09/06/23 12/01/28
Joseph Hebert (Parks
Director) 09/06/23 Continual
Dan Bacci (SGM Rep.) 09/06/23 Continual
Karla Gran (Service
Organization Rep.) 09/06/23 09/06/25
Chito Romero
(Golfer/At-Large
Community Member) 09/06/23 09/06/25
Lisa Gill (Food and
Beverage Rep.) 09/06/23 Continual
Edward McIntyre (NonGolfer/At-Large
Community Member) 09/06/23 09/06/25
Loan Review
Committee
At-Large
Appointment
Elvin Martin 03/1/06 N/A
John Molina 03/1/06 N/A
Vacant ---- N/A
Matilda Villafan 02/20/19 N/A
Johanna Torres 09/21/22 N/A
Planning
Commission
Mayor Timothy Riche 02/05/25 12/01/28
District 1 Robert Gran Jr. 01/16/19 12/01/26
District 2 Abel Perez 03/05/25 12/01/28
District 3 Saim Mohammad 05/04/22 12/01/26
District 4 Balwinder Singh 06/02/21 12/01/28
District 5 Jose E. Chavez Garcia 05/04/22 12/01/26
District 6 Ramon Lopez-Maciel 01/06/21 12/01/28
Transit Advisory
Board
Mayor Andrew Albonico 02/05/25 12/01/28
District 1 Jack Porter 03/05/25 12/01/26
District 2 Vacant ---- 12/01/28
District 3 Marie Luna 02/20/19 12/01/26
District 4 Patricia Carreon 09/15/21 12/01/28
District 5 Otilia Morales 02/20/19 12/01/26
District 6 Cynthia Ortegon 02/19/25 12/01/28
Youth
Commission
Mayor Vacant ---- ----
District 1 Vacant ---- ----

LOCAL APPOINTMENT LIST
(Pursuant to California Government Code Section 54972)
- 3 -
District 2 Vacant ---- ----
District 3 Vacant ---- ----
District 4 Vacant ---- ----
District 5 Vacant ---- ----
District 6 Vacant ---- ----

LOCAL APPOINTMENT LIST
(Pursuant to California Government Code Section 54972)
- 4 -

GENERAL DESCRIPTION OF BOARDS / COMMITTEES / COMMISSIONS ADA ADVISORY COUNCIL: Four-year term. The ADA Council is composed of seven members. Appointees shall be residents of the City of Madera. Regular meetings are held the third Tuesday of each month at 3:30 p.m. Each member of the City Council makes a nomination to be considered for appointment by the Mayor.

Responsibilities: Serves in an advisory capacity to the City Council and staff on ADA matters including: promote pedestrian safety and access to all public streets; ensure that all public buildings and facilities, services, programs and activities are in compliance with ADA regulations; promote inclusion of the disabled community in the City’s emergency and disaster preparedness plans; develop disability awareness and educational outreach programs; work with the various City of Madera departments to ensure that all public buildings and facilities, remodeled and newly constructed are in compliance with current laws guaranteeing access for all people with disabilities; promote affordable and accessible housing in the community; make recommendations regarding unmet transit needs; and ensure grievance procedures are followed and enforced as described in the ADA bylaws.

AIRPORT ADVISORY COMMISSION: Four-year term. The Commission is composed of seven members. Appointees shall be residents of the City of Madera. Meetings are held the second Tuesday of each quarter per calendar year at 10:00 a.m. Each member of the City Council makes a nomination to be considered for appointment by the Mayor.

Responsibilities: Oversee, review, and make recommendations regarding the airport’s annual budget for operational and capital improvement purposes, Airport operations and services, master planning and land use.

BEAUTIFICATION COMMITTEE: Four–year term. The Committee is composed of seven members. Appointees shall be residents of the City of Madera. Regular meetings of the Committee are held every second Thursday of the month at 5:30 p.m. Each member of the City Council makes a nomination to be considered for appointment by the Mayor.

Responsibilities: Serves in an advisory capacity to the City Council and staff on community beautification matters including: develop and formulate programs and projects to enhance the aesthetic appearance of the community; develop an ordinance which will establish landscape standards for new development projects; develop and recommend practices and policies which will enhance and upgrade existing properties; and coordinate periodic community clean up campaigns and encourage public participation therein.

CIVIL SERVICE COMMISSION: Four-year term, with holdovers until new appointment is made. The Commission is composed of seven members, each member of the City Council makes a nomination to be considered for appointment by the Mayor. Appointees shall be residents of the City of Madera. Commissioners shall not be employed with the City nor shall they be under the direct supervision of any existing Council Member. Meetings, as needed, are usually held on the first Tuesday of each month at 5:00 p.m.

Responsibilities: Certification of eligibility lists for hiring employees in the classified service at regularly scheduled meetings; conducts appeal hearings regarding disciplinary action or alleged violations of Civil Service rules and at the request of the City Council or Administrator; special meetings for hearings are scheduled as needed and my require multiple evenings to complete.

CDBG BLOCK GRANT COMMISSION: The Commission is composed of seven members; each member of the City Council makes a nomination to be considered for appointment by the Mayor. Meets during a weekday evening as required. Serves in an advisory capacity to staff and the City Council on matters pertaining to the use of CDBG funds allocated to the City of Madera to benefit persons of low and moderate income, disabled and elderly persons, minority groups, homeless persons, or persons at risk of homelessness and CDBG-funded activities in eligible Census Tracts where CDBG program activities are proposed. Accepts testimony from City staff and applicants presenting proposals to request CDBG funds. Evaluates proposals and recommends CDBG funding allocations consistent with policies, goals and priorities established by the City’s CDBG Consolidated Plan and the Vision Madera 2025 Action Plan. Receives testimony from staff and provides comments about the City’s CDBG-funded programs and projects overall annual outcomes and accomplishments. Promotes public participation in the CDBG planning process and any amendments.

LOCAL APPOINTMENT LIST
(Pursuant to California Government Code Section 54972)
- 5 -
Golf Course Advisory Committee: The committee consists of a 7-member body and is comprised of the following representatives: City Councilmember serves for Council Term,Parks Director – Continual Term, SGM Representative - Continual Term, Golfer/At-Large Community Member – Two-year Term, Food & Beverage Director/Representative – Continual Term, Non-Golfer/At-Large Community Member – Two-year Term, Service Organization Representative - Two-year Term. This position also has an additional caveat that the service organizations eligible are those that regularly meet at the Course, those being currently the Madera Evening Lions Club and the Morning Rotary Club.

These service clubs will rotate representation, with the Madera Evening Lions Club having the initial representative.

Should additional service organizations meet at the Course, they would be eligible to be added to the rotation of appointments. The Committee meets on the third Monday of the month at the Madera Municipal Golf Course.

Meeting times and location may differ.

Responsibilities: Serve in an advisory capacity to the City Council and staff on local golf course matters including:
providing feedback and input on matters related to the golf course operations, improvements, and maintenance; serve as a representative of the local community including golfers, residents, and other stakeholders, to ensure inclusion in decision-making process; serve as a communication channel between the golf course and the community; address and help resolve issues or concerns raised by golfers or community regarding the golf course; offer recommendations for improvements such as upgrades to facilities, landscaping, course layout, or other amenities; provide input on budgetary matters; and contribute to the development of policies and guidelines governing the use and management of the golf course.

LOAN REVIEW COMMITTEE: This committee consists of five members appointed by the City Council comprised of at least three residents of the City of Madera. Members shall possess backgrounds in residential mortgage lending, real estate or the building trades industry. Members do not serve specific terms, nor do they receive compensation/benefits. Meetings of the committee are held as needed to provide for the review of loan and grant applications for first time homebuyer down payment assistance and owner-occupied rehabilitation programs funded by State, Federal and local funds awarded to the City of Madera and from the Successor Agency to the Former Redevelopment Agency. Failure by a Committee member to attend three consecutive meetings shall be deemed an automatic resignation. A significant pattern of absences shall also be considered grounds for removal from the committee. Conflict of interest provisions apply as applicable to committee appointees serving the City of Madera or the Successor Agency to the Former Redevelopment Agency.

PLANNING COMMISSION: Four-year term. The Commission is composed of seven members, each member of the City Council makes a nomination to be considered for appointment by the Mayor. Appointees must reside within the City limits. Meetings are held on the second Tuesday of each month beginning at 6:00 p.m.

Responsibilities: Develop, maintain and amend the General Plan and Specific Plans as deemed appropriate; discretionary approval of development proposals, including subdivisions, use permits, and variances; discuss overall planning for the City, including ordinances, special studies, zoning, subdivisions and signs, with recommendations to the City Council.

TRANSIT ADVISORY BOARD: Four-year term. The Board consists of seven members appointed from a cross section of the community (general public, children, elderly, disabled, students, social service agencies, and minority family).

The Board is composed of seven members, each member of the City Council makes a nomination to be considered for appointment by the Mayor. Appointees shall be residents of the City of Madera. Meetings are held quarterly in January, April, July, and September at a time and public place set by the advisory board.

Responsibilities: Recommend to the City Council a five (5) year transit and equipment plan; review, modify transit system proposals.

YOUTH COMMISSION: Two-year term. The Commission is composed of seven members, each member of the City Council makes a nomination to be considered for appointment by the Mayor. The Commission meets on the second Wednesday of each month at 5:00 p.m.

Responsibilities: Serves in an advisory capacity to the City Council about public safety, job opportunities for youth, recreation activities for youth, opportunities for effective participation by youth in governmental process, and changes in city regulations that are necessary to improve the social, economic, educational, recreational advantages, health and well-being of youth.

Madera City Council Meeting
April 2, 2025
Agenda Item E-2
Select Recipient for the Proclamations in the Month of May Recommendation: Request for Council’s Selection of a Recipient for the following:

1. Proclamation Recognizing Foster Care Awareness
Month

2. Proclamation Recognizing Relay for Life Weekend

3. Proclamation Recognizing Letter Carrier’s Stamp
Out Hunger Food Drive Day (Report by Alicia
Gonzales)
There is no written report for this item.

Madera City Council Meeting
April 2, 2025
Agenda Item E-3
E-3 Fiscal Year 2024/25 Revenue and Expense Update
Recommendation: This report is submitted for informational purposes only and there is no action
requested from the City Council (Report by
Michael Lima)
There is no written report for this item.

Madera City CouncilApril 2, 2025

Madera City Council
April 2, 2025