Madera City Council
December 17, 2025

City of Madera Water Storage Tank, Pump Station, and Transmission Main Project Cultural Resources Assessment Report
Cogstone 52
APPENDIX D. DPR 523 FORMS
State of California ⎯ The Resources Agency Primary # P-20-002308 UPDATE DEPARTMENT OF PARKS AND RECREATION HRI #
PRIMARY RECORD Trinomial CA-MAD-2649H
NRHP Status Code
Other Listings
Review Code Reviewer Date
DPR 523A (9/2013) *Required information

P1. Other Identifier: Madera Irrigation District (MID) Canal Lateral 24.2 P2. Location:  Not for Publication  Unrestricted
a. County: Madera
b. USGS 7.5' Quad: Madera Date: 1981 T 11s; R 17E ; ¼ of ¼ of Sec ; S.B.B.M. c. Address: City: Madera Zip: 93638
d. UTM: Zone: ; mE/ mN
e. Other Locational Data: Elevation:

P3a. Description:

This short segment (121.70 feet) of the Madera Irrigation Districts’ (MID) Lateral 24.2 is earthen lined canal which intersects with the MID Canal Bridge (41C0132) on Ellis Street. Lateral 24.2 is a gravity fed irrigation canal which transports water south from Dry Creek to the north. The flow of Dry Creek into the canal is controlled by Diversion Dam.

P3b. Resource Attributes: AH6. Water Conveyance, HP20. Canal P4. Resources Present: Building Structure Object Site District Element of District Other P5b. Description of Photo:

Southern side of canal from
access road, facing northwest.

P6. Date Constructed/Age
and Sources: Historic
Prehistoric Both
1955 (Built Environmental
Resource Directory, BRED)
P7. Owner and Address:

Bureau of Reclamation
P8. Recorded by:

Alison Bryson-Deveraux
Cogstone Resource
Management; 1518 W. Taft
Ave., Orange, CA 92865
P9. Date Recorded:

May 14, 2025
P10. Survey Type:

Pedestrian Survey
P11. Report Citation:

Cultural Resources Assessment Report For The City Of Madera Water Storage Tank, Pump Station, And Transmission Main Project, City Of Madera, Madera County, California.

Prepared by: Alison Bryson-Deveraux, M.A. and Shannon Lopez, M.A. June 2025.

Attachments: NONE Location Map Sketch Map Continuation Sheet Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record  Other
State of California ⎯ The Resources Agency Primary # P-20-002308 UPDATE DEPARTMENT OF PARKS AND RECREATION HRI#
LINEAR FEAUTRE RECORD Trinomial CA-MAD-2649H
DPR 523E (9/2013) *Required information

L1. Historic and/or Common Name: Madera Irrigation Canal Lateral 24.2 L2a. Portion Described:  Entire Resource  Segment  Point Observation Designation:
b. Location of point or segment: Intersection of MID Canal Bridge (41C0132) and Ellis Street.

L3. Description: See P3a. Description.

L4. Dimensions: (In feet for historic features and meters for prehistoric features) a. Top Width: Approx. 30 feet
b. Bottom Width: Approx. 15-20 feet
c. Height or Depth: Approx 10-15 feet
d. Length of Segment: 121.70 feet
L5. Associated Resources:

L6. Setting: The nearby surrounding
setting of the bridge consists of vacant adjacent
lots and some residential development.

However, to the north of the intersection of Ellis
Street and Road 26 is the Torres High School
and a dense residential neighborhood.

L7. Integrity Considerations: Based on a review of 1957 and 2022 USDA aerial photographs, there appears to be no notable alterations to the
alignment or design of the
canal (NETROnline 1957 and
2022).

L8b. Description of Photo,
Map, or Drawing
View of northern side of canal
bridge.

L9. Remarks:

L10. Form Prepared by:

Shannon Lopez
Alison Bryson-Deveraux
Cogstone Resource
Management; 1518 W. Taft
Ave., Orange, CA 92865
L4e. Sketch of Cross-Section:

L8a. Photograph, Map or Drawing
____________________ Approx. 30 _Feet __ I _______________ _ 15-20 feet
State of California ⎯ The Resources Agency Primary # P-20-002308 UPDATE DEPARTMENT OF PARKS AND RECREATION HRI#
LOCATION MAP Trinomial CA-MAD-2649H
DPR 523J (9/2013) *Required information

Map Name: *Scale: 1:24,000 *Date of Map:
0 . '
~
-= Q
l l,..~::,2,i!!,;,;;_,.,...-.,
M.I.D. Lateral 24.2 (segment)
Madera County, CA ii II M.I.D. Lateral 24.2 (segment)
D USGS 7.5' Quadrangle
USGS 7.5' Quadrangle(s):

Kismet
Madera
0 • . . . .
0 0.25 0.5 Kilometers _!
L...J!L....LI_.__I ~1~--1-1 A.
1 :24,000 1 in= 2,000 ft
State of California ⎯ The Resources Agency Primary # P-20-002308 UPDATE DEPARTMENT OF PARKS AND RECREATION HRI#
CONTINUATION SHEET Trinomial CA-MAD-2649H
DPR 523L (9/2013) *Required information

Background Information
The Madera Canal and MID distribution system is a 35.9 mile long aqueduct. It was originally designed to transport water to the lower lying agricultural properties within Madera County from the Friant Reservoir and the Chowchilla River. The system’s original design consisted of 14 lateral canals. Following later development and expansion, numerous branching canals currently spread for hundreds of miles across the county. The construction of these canals was part of the California Valley Project which resulted in the expansion and flourishing of agricultural land during the 1950s (Hattersley-Drayton 2000).

PREVIOUS DOCUMENTATION AND EVALUATIONS
Numerous segments of P-20-002308 have been recorded and evaluated for potential historic significance since 2000. 2000 Hattersley-Drayton
The earliest known documentation of the canal was in 2000 by Karana Hattersley-Drayton of Caltrans. A segment of the Madera Canal (#8, Lateral 32.2) was described as approximately 15 miles long. This segment of the canal is called Lateral 32.2 as it begins at a turnout on the Madera Canal which is approximately 32.2 miles from the Friant Dam. It is one of four turn-outs along the Madera Canal. Constructed in ca. 1953 as an open ditch, Lateral 32.2 crosses under State Route 99 near the town of Fairmead. In 1972 a portion pipe was installed as a result of the expansion of the highway [assumed to be Highway 99]. The width of the segment is between 10-12 feet at water level and 20 feet at the top of the low berms. Surrounding areas were described and rural farmland with orchards.

The Fairmead Colonies were established in 1912 and were comprised of numerous family farms. However, due to a lack of a developed water conveyance system and a severe drop in the region’s water table by the 1940s, the Fairmead Colonies struggled. In 1950, the Madera Irrigation District contracted with the Bureau of Reclamation to dig laterals in the Fairmead area which connected with the Madera Canal. The construction of Lateral 32.2 saved the struggling farmers of the Fairmead Colonies. Lateral 32.2 was recommended as qualifying as a historical resource under CEQA (Hattersley-Drayton 2000).
2000 Hattersley-Drayton
In 2000, Karana Hattersley-Drayton of Caltrans documented Lateral 32.2-9.9 which diverts water from Lateral 32.2 via the 9.9 Headworks located south of Fairmead and east of Road 20. Lateral 32.2-9.9 is six feet wide, unlined, and seven miles long. It was built in stages between 1953-1954 by Bureau of Reclamation. Lateral 32.2-9.9 was recommended eligible for listing in the NRHP and the CRHR under Criteria A/1. (Hattersley-Drayton 2000) 2005 Applied EarthWorks, Inc.

In 2005, Applied EarthWorks Inc. documented a segment of Madera Canal and Lateral 6.2. These segments of the canal were not evaluated for historic significance.
2005 Roark, Jones & Stokes
In 2005, Gabriel Roark of Jones & Stokes documented Main No. 1 Canal. Main This canal was originally built in 1870 and was used for local irrigation purposes, transporting water from the Fresno River to Cottonwood Creek. In 1949, the Madera Irrigation District (MID) purchased the canal as addition to the Madera Canal. While Main No. 1 Canal is historically significant for its association with early irrigation and agricultural development, decades of regular maintenance and redesign by MID and the Madera Canal & Irrigation Company (MC&IC) has resulted in the resource’s loss of integrity. Therefore Main No. 1 Canal is recommended not eligible for listing in the NRHP. 2009 JRP Historical Consulting, LLC.

In 2009, Joseph Freeman and Rebecca Flores of JRP Historical Consulting, LLC, documented three segments of the Madera Canal located within agricultural and ranch areas. This segment is located north of the City of Fresno near State Route 41. The site form prepared by Freeman and Flores states the segment recorded was originally documented in 1995 by “Hatoff” (this site form cannot be located at present). The segment of canal revisited by Freeman and Flores is described with steep earthen berms which rise above concrete sidewalls. The berms are level with the surrounding terrain. According to Freeman and Flores, the Madera Canal extends 37 miles north from Friant Dam. These three segments were not evaluated for potential historic significance as part of the 2009 site form.

State of California ⎯ The Resources Agency Primary # P-20-002308 UPDATE DEPARTMENT OF PARKS AND RECREATION HRI#
CONTINUATION SHEET Trinomial CA-MAD-2649H
DPR 523L (9/2013) *Required information

2013 Culturescape
In 2013, five irrigation gate valves located along the Fresno River Big Main Canal were documented by Mark Kile of Culturescape. They are described as non-unique and ubiquitous throughout the canal system located at distribution points of the canal. These features were not evaluated for historic significance. (Culturescape 2013a) 2013 Culturescape
In 2013, Mark Kile of Culturescape documented the locations of 20 irrigation gate valves distributed along the Madera Canal system. These features were not evaluated for historic significance. (Culturescape 2013b) 2014 ESA
In 2014, R. Scott Baxter from ESA documented a 60-foot segment of the MID Big Main Canal near the northeast semi-rural area of the town of Madera. This segment, built ca. 1922, is described as an earthen, V-shaped canal with a flat bottom. Baxter recommended the MID Big Mains Canal as historically significant for the canal’s association with early corporate irrigation efforts and agricultural development in Madera County. However, following decades of alterations and maintenance, this segment of the MID Big Main Canal no longer possesses sufficient integrity to convey its historic significance. Therefore, this segment of the canal is recommended not eligible for listing in the NRHP.
2016 Garcia and Associates
In 2016, Brandon Patterson of Garcia and Associates documented a 500-foot-long segment of the Madera Canal, Lateral 24.2, near Avenue 16 and Road 22 in Madera County. The canal segment is described as V-shaped, mechanically excavated six feet deep, the base is loosely bedded by cobble and gravel. Additional components include a pre-cast, concrete box culvert and outlet, likely constructed after the 1950s. The setting of this segment of the canal is rural agricultural lands. This segment of the canal was not evaluated for historic significance. (Garcia and Associates 2016)
2016 Applied EarthWorks Inc.

In 2016, Kaite Asselin of Applied EarthWorks, Inc., documented multiple segments of laterals that are extensions of MID Lateral 6.2. These laterals were built between 1947 and 1963. Lateral 6.2 is an earthen canal with earthen berms raised three feet above surface level. These segments of the canals were not evaluated for historic significance. (Applied EarthWorks Inc. 2016)
2016 HDR EOC, Inc.

In 2016, a 100-foot section of the Madera Canal was documented by HDR EOC, Inc. The canal is described as earthen-lined, 20 feet wide and nine feet deep. This segment of canal was completed in 1947 and is largely unaltered with the exception of canal maintenance. This resource was recommended eligible for listing in the NRHP and CRHR under Criterion A/1 for its relation to the Central Valley Project (CVP) which was a major federal undertaking resulting in the expansion of agriculture in the Central Valley. This resource was also recommended eligible for listing under Criterion C/3 for its engineering significance as part of a unique irrigation system. (HDR EOC, Inc. 2016) 2016 Culturescape
In 2016, M. C. Kile of Culturescape documented a 6,500-foot segment of the MID Lateral 24.2-17.0. This irrigation canal is part of the MID expansion completed ca. 1950 and underwent major modifications up until 1965. At the time of its documentation in 2016, it was described as 15 feet wide and six feet deep. This segment of Lateral 24.2-17.0 was given the status code: 6Z (Found ineligible for NR, CR or Local designation through survey evaluation). (Kile 2016a)
2016 Culturescape
In 2016, Mark Kile of Culturescape, documented a total 14 control points for the MID constructed sometime between 1935 and 1963. This site form has conflicting recommendations of eligibility. It has a status code of 6Z (Found ineligible for NR, CR or Local designation through survey evaluation) however the Dry Creek Diversion Dam (Abbeys Hole) is recommended eligible for listing under Criterion A and Criterion B. (Kile 2016b).

State of California ⎯ The Resources Agency Primary # P-20-002308 UPDATE DEPARTMENT OF PARKS AND RECREATION HRI#
CONTINUATION SHEET Trinomial CA-MAD-2649H
DPR 523L (9/2013) *Required information

2016 ESA
In 2016, Katherine Anderson of ESA documented three segments of the MID Lateral 6.2 Canal: MID Lateral 6.2 (1,500-fot segment), distributary canal MID Lateral 6.2-9.2 (1,500-foot segment), and distributary canal MID Lateral

6.2-13.4 (2,500-foot segment). The MID Lateral 6.2 and its distributary canals is one of many canals constructed in support of the Madera Canal and were built well after the Madera Canal’s initial construction.

MID Lateral 6.2 is an earthen trapezoidal canal, 40 feet wide at its top, 20 feet deep, and 20 feet wide at the base.

MID Lateral 6.2-9.2 is an earthen distributary canal organized with an asymmetrical trapezoidal/U-shape. Its is 20 feet wide at its top, eight feet deep, and 10 feet wide at its base. The unlined walls have steep sloping sides. MID Lateral

6.2-13.4 is also an earthen distributary canal with a trapezoidal shape. It is 20 feet wide at its top, three feet deep, and four feet wide at its base.

Anderson recommended the segments of the MID Lateral 6.2 are not considered unique in its association with the Madera Canal, nor are they associated with the lives of important individuals, nor are they considered significant in their design or form. (Anderson 2016)
2018 Applied EarthWorks
In 2018, Ward Stanley documented a 61-foot-long segment of MID Lateral 6.2. Construction of this canal was completed by 1955 as part of the Central Valley Project. No associated resources were observed. This segment of canal was not re-evaluated for historic significance. (Applied EarthWorks 2018)

HISTORIC BUILT ENVIRONMENT REVALUATION
Criteria A/1
Is this resource associated with events that have made a significant contribution to the broad patterns of history?
Lateral 24.2 was built in 1955 as an agricultural irrigation canal transporting water south from Dry Creek. A review of USDA aerials of the City of Madera and the census designated place Madera Acres shows that in 1957, two years after the construction of Lateral 24.2, multiple large parcels of land are graded. However, these parcels were developed into residential neighborhoods in the late 1960s and 1970s. As an irrigation canal, Lateral 24.2 would not be associated with providing water to these homes nor support their construction. This section of canal is not associated with any significant contributions to local agricultural or residential development. Therefore, due to a lack of significance, this segment of Lateral 24.2 is recommended not eligible for listing in the National Register of Historic Places (NRHP) under Criterion A or the California Register of Historical Resources (CRHR) under Criterion 1.

Criteria B/2
Is this resource associated with the lives of significant persons of the past? This segment of the MID canal, Lateral 24.2, is not known to be associated with the lives of people considered significant to history. Therefore, this segment of the canal is recommended not eligible for listing in the NRHP under Criterion B or the CRHR under Criterion 2.

Criteria C/3
Does this resource embody distinctive characteristics of type, period, or method of construction or represent the work of a master, or possess high artistic value, or represent a significant and distinguishable entity those components may lack individual distinction?
This segment of the MID canal, Lateral 24.2, is an unremarkable example of an earthen lined canal. It is a small part of a secondary system which supports the main Madera Irrigation District canal. It is not an exemplary representation of a type, method of construction, nor does it represent the work of a master nor possess high artistic value.

Therefore, this resource is recommended not eligible for listing in the NRHP under Criterion C and the CRHR under Criterion 3.

Criteria D/4
Has this resource yielded or may likely yield information important in history or prehistory? Criterion 4 is most often applied to archaeological sites and districts but can also apply to buildings, structures, and/or objects. This resource does not exhibit a local variation of a standard design or construction technique that can yield State of California ⎯ The Resources Agency Primary # P-20-002308 UPDATE DEPARTMENT OF PARKS AND RECREATION HRI#
CONTINUATION SHEET Trinomial CA-MAD-2649H
DPR 523L (9/2013) *Required information

important information (such as construction expertise or availability of local materials). Therefore, this segment of Lateral 24.2 is recommended not eligible for listing in the NRHP under Criterion D or the CRHR under Criterion 4.

Center of canal from Ellis Street.

REFERENCES
Anderson, Katherine
2016 “MID Lateral 6.2 Segments”. P-20-002308. State of California, Department of Parks and Recreation. Prepared by: Katherine Anderson. Copy on file at: Southern San Joaquin Valley.

Applied EarthWorks
2005 “Madera Canal and Lateral 6.2”. P-20-002308. State of California, Department of Parks and Recreation.

Prepared by: Applied EarthWorks. Copy on file at: Southern San Joaquin Valley. 2016 “Madera Irrigation District (MID)”. P-20-002308. State of California, Department of Parks and Recreation.

Prepared by: Katie Asselin. Copy on file at: Southern San Joaquin Valley. 2018 “Madera Irrigation District Lateral 6.2”. State of California, Department of Parks and Recreation. Prepared by:

Ward Stanley. Copy on file at: Southern San Joaquin Valley.

ESA
2014 “MID Big Main Canal”. P-20-002308. State of California, Department of Parks and Recreation. Prepared by:

R. Scott Baxter. Copy on file at: Southern San Joaquin Valley.

Hattersley-Drayton, Karana
2000 “#8, Lateral 32.2 (Madera Canal)”. P-20-002308. State of California, Department of Parks and Recreation.

Prepared by: Karana Hattersley-Dayton, Caltrans. Copy on file at: Southern San Joaquin Valley.

L
State of California ⎯ The Resources Agency Primary # P-20-002308 UPDATE DEPARTMENT OF PARKS AND RECREATION HRI#
CONTINUATION SHEET Trinomial CA-MAD-2649H
DPR 523L (9/2013) *Required information

Garcia and Associates
2016 “Madera Canal, Lateral 24.2 Segment (GANDA-MAD-01)”. P-20-002308. State of California, Department of Parks and Recreation. Prepared by: Brandon Patterson. Copy on file at: Southern San Joaquin Valley.

HDR EOC, Inc.
2016 “CA-MAD-2649H”. P-20-002308. State of California, Department of Parks and Recreation. Prepared by: M.

Connolly. Copy on file at: Southern San Joaquin Valley.

JRP Historical Consulting, LLC)
2009 “Madera Canal (UPDATE)”. P-20-002308. Department of Parks and Recreation. Prepared by: Mark Kile of Culturescape.

Copy on file at: Southern San Joaquin Valley
Kile, Mark
2013a “Fresno River Big Main Canal”. P-20-002308. Department of Parks and Recreation. Prepared by: Mark Kile of Culturescape. Copy on file at: Southern San Joaquin Valley. 2013b “Madera Irrigation District”. P-20-002308. Department of Parks and Recreation. Prepared by: Mark Kile of Culturescape. Copy on file at: Southern San Joaquin Valley. 2016a “Madera Irrigation District”. P-20-002308. Department of Parks and Recreation. Prepared by: Mark Kile of Culturescape. Copy on file at: Southern San Joaquin Valley. 2016b “Madera Irrigation District”. P-20-002308. Department of Parks and Recreation. Prepared by: Mark Kile of Culturescape. Copy on file at: Southern San Joaquin Valley.

Roark, Gabriel and Jones & Stokes
2005 “Main No. 1 Canal”. P-20-002308. State of California, Department of Parks and Recreation. Prepared by:

Gabriel Roark and Jones & Stokes. Copy on file at: Southern San Joaquin Valley.

State of California ⎯ The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
PRIMARY RECORD Trinomial
NRHP Status Code 6Z
Other Listings
Review Code Reviewer Date
DPR 523A (9/2013) *Required information

P1. Other Identifier:

P2. Location:  Not for Publication  Unrestricted
a. County: Madera
b. USGS 7.5' Quad: Madera Date: 1981 T ; R ; ¼ of ¼ of Sec ; S.B.B.M. c. Address: Ellis Street City: Madera Zip: 93638
d. UTM: Zone: ; mE/ mN
e. Other Locational Data: Intersection of Ellis Street and Madera Irrigation District (M.I.D.) Canal Elevation:

P3a. Description:

Built in 1975, this concrete beam bridge is located on Ellis Street and crosses over the Madera Canal. The bridge is simple in its design with concrete wing walls, girder, asphalted deck, and galvanized steel guardrails.

P3b. Resource Attributes: HP19. Bridge
P4. Resources Present: Building Structure Object SiteDistrict Element of District Other P5b. Description of Photo:

View of northern side of canal
bridge
P6. Date Constructed/Age
and Sources: Historic
Prehistoric Both
1975 (Caltrans 2025)
P7. Owner and Address:

Madera Irrigation District (M.I.D.)
P8. Recorded by:

Alison Bryson-Deveraux
Cogstone Resource
Management; 1518 W. Taft
Ave., Orange, CA 92865
P9. Date Recorded:

May 14, 2025
P10. Survey Type:

Pedestrian Survey
P11. Report Citation:

Cultural Resources Assessment Report For The City Of Madera Water Storage Tank, Pump Station, And Transmission Main Project, City Of Madera, Madera County, California.

Prepared by: Alison Bryson-Deveraux, M.A. and Shannon Lopez, M.A. June 2025.

Attachments: NONE Location Map Sketch Map Continuation Sheet Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record  Other
State of California ⎯ The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION Trinomial

BUILDING, STRUCTURE, AND OBJECT RECORD
DPR 523B (9/2013) *Required information

B1. Historic Name: None
B2. Common Name: M.I.D. Canal Bridge
B3. Original Use: Bridge
B4. Present Use: Bridge
*B5. Architectural Style: Beam Bridge style
*B6. Construction History:

The Caltrans Local Agency Bridges list for District 06 lists this bridge as 41C0132 (M.I.D. Canal). This Caltrans list notes this bridge was constructed in 1975 (Caltrans 2025). This bridge crosses over a segment of the Madera Canal and M.I.D. distribution system. This water system was originally built to transport water to the lower lying agricultural properties within Madera County.
*B7. Moved? No Yes Unknown Date: Original Location:
*B8. Related Features:

B9a. Architect: Not known b. Builder: Not known
*B10. Significance: None Theme: Transportation Area: Madera, CA Period of Significance: 1975 Property Type: Bridge Applicable Criteria: None Criteria A/1
Is this resource associated with events that have made a significant contribution to the broad patterns of history?
This bridge (built in 1975) is a typical concrete beam bridge which is used for local pedestrian and vehicle transportation access over the man made Madera Canal. A review of a 1957 USDA aerial photograph shows a bridge present in the location of the current M.I.D. Canal Bridge. Therefore, it is assumed that the current bridge is a replacement for the original. This bridge is not associated with any events considered significant to history and therefore, recommended not eligible for listing in the National Register of Historic Places (NRHP) under Criterion A or the California Register of Historical Resources (CRHR) under Criterion 1.

B11. Additional Resource Attributes:
*B12. References:

Caltrans
2025 “41C0132”. Historical Significance-Local Agency Bridges. Structure Maintenance & Investigations. Copy provided by: CSO Jill Hupp with CA.gov.

B13. Remarks:
*B14. Evaluator: Shannon Lopez
*Date of Evaluation: May 20, 2025
(This space reserved for official comments.)
[A]
D Ellis St
0 50 Feet 0 1 0 Meters 1 in = 83.33 feet
I I I I I LLw.J 1 :1,000
State of California ⎯ The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI#
LOCATION MAP Trinomial
DPR 523J (9/2013) *Required information

Map Name: Madera *Scale: 1:24,000 *Date of Map: 1987
0 • •
~
~
Q
i L,..::i.~~~P-:::--1
.. Well
-··- ·· -
•
M.I.D. Canal Bridge (41C0132)
Madera County, CA ii II M.I.D. Canal Bridge (41 C0132)
c:J USGS 7.5' Quadrangle
\
USGS 7.5' Quadrangle(s):

Kismet
Madera
I I I
0 0.25 0.5 Kilometers A L...&1 ....... , ... , ....... 1__ ,_1 A 1 :24,000 1 in = 2,000 ft
State of California ⎯ The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI#
CONTINUATION SHEET Trinomial
DPR 523L (9/2013) *Required information

*B10. HISTORIC BUILT ENVIRONMENT EVALUATION CONT.

Criteria B/2
Is this resource associated with the lives of significant persons of the past? No information can be located which connects this bridge with the lives of individuals considered significant to history.

Therefore this resource is recommended not eligible for listing in the NRHP under Criterion B or the CRHR under Criterion 2.

Criteria C/3
Does this resource embody distinctive characteristics of type, period, or method of construction or represent the work of a master, or possess high artistic value, or represent a significant and distinguishable entity those components may lack individual distinction?
This bridge is an unremarkable and common representation of a small concrete beam bridge. It is not an exemplary representation of a style, period, method of construction, nor does it represent the work of a master nor does it possess high artistic value. Therefore, this bridge is recommended not eligible for listing in the NRHP under Criterion C or the CRHR under Criterion 3.

Criteria D/4
Has this resource yielded or may likely yield information important in history or prehistory? Criterion 4 is most often applied to archaeological sites and districts but can also apply to buildings, structures, and/or objects. This resource does not exhibit a local variation of a standard design or construction technique that can yield important information (such as construction expertise or availability of local materials). Therefore, this bridge is recommended not eligible for listing in the NRHP under Criterion D or the CRHR under Criterion 4.

State of California ⎯ The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI#
CONTINUATION SHEET Trinomial
DPR 523L (9/2013) *Required information

May 2025 Survey photographs of bridge
Close up of southwestern side of canal bridge.

EXHIBIT B
State of California Department of Fish and Game Comment Letter dated October 8, 2025.

State of California – Natural Resources Agency GAVIN NEWSOM, Governor DEPARTMENT OF FISH AND WILDLIFE CHARLTON H. BONHAM, Director Central Region
1234 East Shaw Avenue
Fresno, California 93710
(559) 243-4005
www.wildlife.ca.gov
Conserving California’s Wildlife Since 1870
October 8, 2025
Will Tackett, Director of Community Development
City of Madera
428 East Yosemite Avenue
Madera, California 93638
(559) 661-3688
[email protected]
Subject: Northeast Water Storage Tank, Booster Pump Station, and Transmission Main Project (Project)
Initial Study/Mitigated Negative Declaration (MND)
State Clearinghouse No.: 2025090413
Dear Will Tackett:

The California Department of Fish and Wildlife (CDFW) received an MND from the City of Madera (City) for the above referenced Project pursuant the California Environmental Quality Act (CEQA) and CEQA Guidelines.1
Thank you for the opportunity to provide comments and recommendations regarding those activities involved in the Project that may affect California fish and wildlife.

Likewise, CDFW appreciates the opportunity to provide comments regarding those aspects of the Project that CDFW, by law, may be required to carry out or approve through the exercise of its own regulatory authority under the Fish and Game Code.

CDFW ROLE
CDFW is California’s Trustee Agency for fish and wildlife resources and holds those resources in trust by statute for all the people of the State (Fish & G. Code, §§ 711.7, subd. (a) & 1802; Pub. Resources Code, § 21070; CEQA Guidelines § 15386, subd. (a)). CDFW, in its trustee capacity, has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species (Id., § 1802). Similarly, for purposes of CEQA, CDFW is charged by law to provide, as available, biological expertise during public agency environmental review efforts, focusing specifically on projects and related activities that have the potential to adversely affect fish and wildlife resources.

CDFW is also submitting comments as a Responsible Agency under CEQA (Pub.

Resources Code, § 21069; CEQA Guidelines, § 15381). CDFW expects that it may 1 CEQA is codified in the California Public Resources Code in section 21000 et seq. The “CEQA Guidelines” are found in Title 14 of the California Code of Regulations, commencing with section 15000.

Docusign Envelope ID: 3F47B959-336D-4699-954D-5F0F3B42CB15 Exhibit B
Will Tackett, Director of Community Development
City of Madera
October 8, 2025

need to exercise regulatory authority as provided by the Fish and Game Code. As proposed, for example, the Project may be subject to CDFW’s lake and streambed alteration regulatory authority (Fish & G. Code, § 1600 et seq). Likewise, to the extent implementation of the Project as proposed may result in “take” as defined by State law of any species protected under the California Endangered Species Act (CESA) (Fish & G. Code, § 2050 et seq.), the Project proponent may seek related take authorization as provided by the Fish and Game Code.

Nesting Birds: CDFW has jurisdiction over actions with the potential to result in the disturbance or destruction of active nest sites or unauthorized take of birds. Fish and Game Code sections that protect birds, their eggs, or nests include sections 3503 (regarding unlawful take, possession, or needless destruction of the nest or eggs of any bird), 3503.5 (regarding the take, possession, or destruction of any birds-of-prey or their nests or eggs), and 3513 (regarding unlawful take of any migratory nongame bird).

Unlisted Species: Species of plants and animals need not be officially listed as Endangered, Rare, or Threatened (E, R, or T) on any State or federal list to be considered E, R, or T under CEQA. If a species can be shown to meet the criteria for E, R, or T, as specified in the CEQA Guidelines section 15380, CDFW recommends it be fully considered in the environmental analysis for the Project.

PROJECT DESCRIPTION SUMMARY
Proponent: City of Madera
Objective: The Project proposes water supply construction and associated distribution infrastructure and facilities to meet the City’s water demand and fire protection. The initial phase includes the construction of one 2.5-milion-gallon (mg) water storage tank, a booster pump station, and installation of related facilities and improvements on an approximately 2.89 acre property located on the west side of North Lake Street between Martin and Ellis Streets in an unincorporated area of Madera County. The Project will also include the installation of a 13,200 linear-foot 24-inch pipeline that will connect to the proposed water storage tank to an existing City-owned water well site. The pipeline route will follow the existing right-of-way (ROW) south along Lake Street, west along Ellis Street, and northwest along Sharon Boulevard. Additional phases will also include the installation of an additional 2.5-mg water storage tank and possible replacement of existing facilities, pumps, and equipment on the property located on the west side of North Lake Street.

Location: The Project site is located in the City of Madera Sphere of Influence in Madera County, generally bounded by Lake Street to the east, Ellis Street to the south, and Martin Street to the north. The proposed water tanks and other infrastructure will be located on a parcel on North Lake Street, Assessor’s Parcel Number (APN) 038-030- 031. The pipeline route will follow the ROW south along Lake Street, west along Ellis Docusign Envelope ID: 3F47B959-336D-4699-954D-5F0F3B42CB15 Will Tackett, Director of Community Development
City of Madera
October 8, 2025

Street, and northwest along Sharon Boulevard. This pipeline will connect to an existing water well site located on a parcel on Sharon Boulevard, APN 013-280-001.

COMMENTS AND RECOMMENDATIONS
CDFW offers the comments and recommendations below to assist the City in adequately identifying and/or mitigating the Project’s significant, or potentially significant, direct, indirect, and cumulative impacts on fish and wildlife (biological) resources. Editorial comments or other suggestions may also be included to improve the MND prepared for this Project.

The MND notes the Project vicinity is a combination of residential, commercial development, undeveloped lots, and agriculture lands. The Project site consists of previously tilled parcels, undeveloped parcels surrounded by residential development and undeveloped pastures, and non-native grassland with residences within an urban setting with ornamental trees, plants, grass lawns, and ruderal habitats. The Project site also intersects a canal, operated by the Madera Irrigation District, just west of Road 26 and Ellis Street.

Currently, the MND acknowledges that the Project site is within the geographic range of several special-status animal species and proposes specific mitigation measures to reduce impacts to less than significant. CDFW has concerns about the ability of some of these measures to reduce impacts to less than significant and avoid unauthorized take for special-status animal species, including but not limited: the State threatened Swainson’s hawk (Buteo swainsoni); the State and federally threatened California tiger salamander - Central California Distinct Population Segment (DPS) (Ambystoma californiense pop. 1); the State candidate western burrowing owl (Athene cunicularia hypugaea) and Crotch’s bumble bee (Bombus crotchii); the State species of special concern American badger (Taxidea taxus); the State species of special concern and federally proposed threatened western spadefoot (Spea hammondii); and the State special animal and federally threatened vernal pool fairy shrimp (Branchinecta lynchi).

Swainson’s Hawk
The MND notes that suitable Swainson’s hawk (SWHA) nesting and foraging habitat occurs within the Project site, and that one adult SWHA was observed within the BSA, however no SWHA nest was located in the vicinity. Conservation measure (CM) BIO-4 requires protocol surveys within ½ mile of construction activities during the nesting season (March 1-August 30). CDFW concurs with this approach but recommends extending the latter date to September 15
th to avoid potentially significant impacts. CM
BIO-4 also states that Project-related activities with the potential to cause nest abandonment will be avoided, but if Project activities cause nest abandonment within the ½ mile buffer zone, the Project developer/contractor is required to fund the controlled release of captive-reared young. CDFW doesn’t concur with these methods Docusign Envelope ID: 3F47B959-336D-4699-954D-5F0F3B42CB15 Will Tackett, Director of Community Development
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October 8, 2025

as they would result in unauthorized take of a CESA listed species. CDFW concurs with necessary coordination with CDFW and recommends the following measures:

Recommended Mitigation Measure 1: SWHA Avoidance Buffer If Project-specific activities will take place during the SWHA nesting season (i.e., March 1 through September 15), and active SWHA nests are present, CDFW recommends a minimum ½-mile no-disturbance buffer be delineated and maintained around each nest, regardless of whether it was detected by surveys or observed incidentally. These buffers would remain in place until the breeding season has ended or until a qualified biologist has determined that the birds have fledged and are no longer reliant upon the nest or parental care for survival, to prevent nest abandonment and other take of SWHA as a result of Project activities.

Recommended Mitigation Measure 2: SWHA Take Authorization CDFW also recommends that in the event an active SWHA nest is detected, and a ½-mile no-disturbance buffer is not feasible, consultation with CDFW is warranted to discuss how to implement the Project and avoid take. If take cannot be avoided, take authorization through the acquisition of an Incidental Take Permit (ITP), pursuant to Fish and Game Code section 2081 subdivision (b) is necessary to comply with CESA.

California Tiger Salamander
The Project site is within the known geographic range of California tiger salamander (CTS) and several historical occurrences are documented within 1 mile from the Project site (CDFW 2025).The MND states that CTS have no potential to occur on the Project site due to an absence of suitable habitat being identified during surveys, and thus no mitigation measures were proposed to mitigate for potential Project-related impacts.

CDFW does not concur with this determination, as CTS breed and develop in vernal and seasonal pools, stock ponds, pooled ditches, and other inundated features in agricultural, grassland, woodland, and scrub habitat types and have been determined to be physiologically capable of dispersing up to approximately 1.3-miles from seasonally flooded wetlands (Searcy and Shaffer 2011).

The MND states that “The National Hydrography Dataset (NHD) and National Wetlands Inventory (NWI) datasets show one historical water feature that intersects the Biological Study Area (BSA) west of Road 26 along the pipeline route”, also “The NHD identified the feature as a canal ditch, and NWI identified the feature as a riverine feature.” Additionally, based on aerial imagery, it appears that periodic inundation occurs within the canal ditch and required CTS habitat of upland refugia is present adjacent to the canal ditch and potentially suitable seasonally flooded wetlands or pools are located within 1.3-miles from the Project site. The MND describes Project construction activities where the canal crossing will be completed via trenchless bore and jack construction within potential CTS habitat. Also, the MND describes small mammal burrows that were Docusign Envelope ID: 3F47B959-336D-4699-954D-5F0F3B42CB15 Will Tackett, Director of Community Development
City of Madera
October 8, 2025

found within the Project site that could be utilized by CTS. As suitable habitat appears to be present within and adjacent to the Project site, and CTS have been documented within the Project vicinity, CDFW recommends the following:

Recommended Mitigation Measure 3: CTS Protocol Surveys
CDFW recommends that a qualified biologist conduct protocol-level surveys in accordance with the United States Fish and Wildlife Service (USFWS) “Interim Guidance on Site Assessment and Field Surveys for Determining Presence or a Negative Finding of the California Tiger Salamander” (USFWS 2003) at the appropriate time of year to determine the existence and extent of CTS breeding and refugia habitat. The protocol-level surveys for CTS require more than one survey season and are dependent upon sufficient rainfall to complete. As a result, consultation with CDFW and USFWS is recommended well in advance of beginning the surveys and prior to any planned vegetation- or ground-disturbing activities.

CDFW advises that the protocol-level survey include a 100-foot buffer around the Project site in all areas of wetland and upland habitat that could support CTS.

Please be advised that protocol-level survey results are viable for two years after the results are reviewed by CDFW.

Recommended Mitigation Measure 4: CTS Avoidance Buffer
If CTS protocol-level surveys are not conducted, CDFW advises that a minimum 50-foot no-disturbance buffer be delineated around all small mammal burrows in suitable upland refugia habitat within and/or adjacent to the Project site. Further, CDFW recommends potential or known breeding habitat within and/or adjacent to the Project site be delineated with a minimum 250-foot no-disturbance buffer. Both upland burrow and wetland breeding no-disturbance buffers are intended to minimize impacts to CTS habitat and avoid take of individuals. Alternatively, the applicant can assume presence of CTS within the Project site and obtain an ITP in accordance with Fish and Game Code section 2081(b).

Recommended Mitigation Measure 5: CTS Take Authorization If through surveys it is determined that CTS are occupying or have the potential to occupy the Project site, consultation with CDFW is warranted to determine if the Project can avoid take. If take cannot be avoided, take authorization through the acquisition of an ITP, pursuant to Fish and Game Code section 2081 subdivision (b) is necessary to comply with CESA. As stated above, in the absence of protocol surveys, the applicant can assume presence of CTS within the Project site and obtain an ITP from CDFW.

Western Burrowing Owl
The Project site is within the known geographic range of western burrowing owl (BUOW) and there are historical occurrences documented within a ½ mile of the Project site (CDFW 2025). The MND states that BUOW have no potential to occur on the Docusign Envelope ID: 3F47B959-336D-4699-954D-5F0F3B42CB15 Will Tackett, Director of Community Development
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October 8, 2025

Project site due to no suitable habitat as the site is highly disturbed, and no mitigation measures were proposed to mitigate for potential Project-related impacts. CDFW does not concur; in addition to natural habitats, BUOW are known to utilize agricultural areas and have been documented breeding and foraging along canal banks and roadways within agricultural settings. Aerial imagery shows potential habitat at the future water tank location and in various sections along Ellis Street. Additionally, the MND describes small mammal burrows that were found within the Project site that could be utilized by BUOW. As suitable habitat appears to be present within the Project site, and BUOW have been documented within the Project vicinity, CDFW recommends that a qualified biologist conduct surveys following the 2012 Staff Report on Burrowing Owl Mitigation (CDFG 2012), and that these surveys be conducted the survey season immediately prior to construction. CDFW also recommends the following:

Recommended Mitigation Measure 6: BUOW Avoidance Buffer Should a BUOW or known BUOW den (active or inactive) be detected, either during pre-construction surveys or construction activities, CDFW recommends that no-disturbance buffers, as outlined in the 2012 Staff Report on Burrowing Owl Mitigation (CDFG 2012), be implemented prior to and during any ground-disturbing activities. CDFW also recommends that these buffers be implemented for both wintering and breeding BUOW.

Recommended Mitigation Measure 7: BUOW Take Authorization If a BUOW or known BUOW den (active or inactive) is detected, and the nodisturbance buffers outlined in the 2012 Staff Report on Burrowing Mitigation are not feasible, consultation with CDFW is warranted to discuss how to implement the Project and avoid take. If take cannot be avoided, take authorization through the acquisition of an ITP, pursuant to Fish and Game Code section 2081 subdivision (b) is necessary to comply with CESA.

Crotch’s Bumble Bee
The Project site is within the geographic range of Crotch’s bumble bee (CBB), and a historical occurrence was documented within 1.5-miles from the Project site (CDFW 2025). CBB are known to inhabit a variety of habitats, including grasslands, scrublands, areas with bare ground including vacant lots, dirt roads, and levees (Xerces Society et al. 2018). Based on aerial imagery, potential CBB habitat appears to be present within the Project site and the MND describes small mammal burrows that were found within the Project site that could be utilized by CBB. The MND does not include an evaluation for CBB and no mitigation measures were proposed for potential Project-related impacts to the species. As there is potential CBB habitat within the Project site and CBB have been documented within the Project vicinity, CDFW recommends a qualified biologist conduct a habitat assessment to determine if the Project site and the surrounding vicinity contain habitat suitable to support CBB. Potential nesting sites, which include all small mammal burrows, perennial bunch grasses, thatched annual grasses, brush piles, Docusign Envelope ID: 3F47B959-336D-4699-954D-5F0F3B42CB15 Will Tackett, Director of Community Development
City of Madera
October 8, 2025

and old bird nests would need to be documented as part of the assessment. If it is determined that suitable CBB habitat is present, CDFW recommends the following mitigation measures:

Recommended Mitigation Measure 8: CBB Focused Surveys
If potentially suitable habitat is identified, CDFW recommends that a qualified biologist conduct focused surveys for CBB, and their requisite habitat features following the methodology outlined in the Survey Considerations for California Endangered Species Act Candidate Bumble Bee Species (CDFW 2023) to detect bees and potential nesting sites.

Recommended Mitigation Measure 9: CBB Avoidance Buffer
If CBB is detected, CDFW recommends that all small mammal burrows and thatched/bunch grasses be avoided by a minimum of 50 feet to avoid take and potentially significant impacts. If ground-disturbing activities will occur during the overwintering period (October through February), consultation with CDFW is warranted to discuss how to implement Project activities and avoid take. Any detection of CBB prior to or during Project implementation warrants consultation with CDFW to discuss how to avoid take.

Recommended Mitigation Measure 10: CBB Take Authorization If take cannot be avoided, take authorization through the acquisition of an ITP, pursuant to Fish and Game Code section 2081 subdivision (b) is necessary to comply with CESA.

American Badger
The Project site is within the known geographic range of American badger (AMBA) and a historical occurrence was documented approximately 8 miles from the Project site (CDFW 2025). The MND states that AMBA have no potential to occur on the Project site due to no suitable habitat being identified during surveys; thus no mitigation measures were proposed to mitigate for potential Project-related impacts. CDFW does not concur with this determination as AMBA occupy sparsely vegetated land cover with dry, friable soils to excavate dens, which they use for cover, and that support fossorial rodent prey populations (i.e., ground squirrels, pocket gophers, etc.) (Zeiner et. Al 1990). Based on aerial imagery the Project site contains suitable habitat for AMBA denning and foraging. In addition, the MND describes small mammal burrows that were found within the Project site that could be utilized by AMBA. As suitable habitat appears to be present within the Project site, and AMBA have been documented within the Project vicinity, CDFW recommends the following mitigation measures:

Recommended Mitigation Measure 11: AMBA Focused Surveys CDFW recommends that a qualified biologist conduct focused surveys for AMBA, as well as their requisite habitat features, to evaluate potential impacts resulting from ground disturbance.

Docusign Envelope ID: 3F47B959-336D-4699-954D-5F0F3B42CB15 Will Tackett, Director of Community Development
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October 8, 2025

Recommended Mitigation Measure 12: AMBA Avoidance Buffer Avoidance whenever possible is encouraged via delineation and a 50-foot no disturbance buffer around burrows. CDFW also advises that any individuals observed be allowed to leave the Project site of their own volition.

Western Spadefoot
The Project site is within the geographic range of western spadefoot (WESP) and there are several historical occurrences documented within 1 mile from the Project site (CDFW 2025). The MND states that WESP have no potential to occur on the Project site due to no suitable habitat being identified during surveys; thus no mitigation measures were proposed to mitigate for potential Project-related impacts. CDFW does not concur as WESP occurs primarily in grasslands and seasonal wetlands with appropriate upland habitat and have also been found in agricultural settings. The MND states that “The National Hydrography Dataset (NHD) and National Wetlands Inventory (NWI) datasets show one historical water feature that intersects the Biological Study Area (BSA) west of Road 26 along the pipeline route”, also “The NHD identified the feature as a canal ditch, and NWI identified the feature as a riverine feature.” Additionally, based on aerial imagery, it appears that periodical inundation occurs within the canal ditch and required WESP upland habitat is present adjacent to the canal ditch.

The MND describes Project construction activities where the canal crossing will be completed via trenchless bore and jack construction within WESP habitat. As suitable habitat appears to be present within and adjacent to the Project site and WESP have been documented within the Project vicinity, CDFW recommends the following mitigation measures:

Recommended Mitigation Measure 13: WESP Focused Surveys Prior to initiation of the Project, CDFW recommends that a qualified biologist conduct focused surveys for WESP and their requisite habitat.

Recommended Mitigation Measure 14: WESP Avoidance Buffer If burrows, cracks, loose soil areas or other refugia are found to be used by WESP during focused surveys, avoidance is encouraged via delineation and observance of a 50-foot no-disturbance buffer around these resources. If WESP are observed on the Project site, Project activities in their immediate vicinity cease, allowing individuals to leave the Project site on their own accord.

Please note that the California Fish and Game Commission has received a petition to list Western spadefoot pursuant to CESA. If Western spadefoot becomes a Candidate species, it would receive the same legal protection afforded to an endangered or threatened species (Fish & G. Code, §§ 2074.2 & 2085). In the event Western spadefoot becomes a Candidate prior to project construction or completion of construction, consultation with CDFW is warranted to discuss how to implement the Project and avoid take. If take cannot be avoided, take authorization through the Docusign Envelope ID: 3F47B959-336D-4699-954D-5F0F3B42CB15 Will Tackett, Director of Community Development
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acquisition of an ITP, pursuant to Fish and Game Code section 2081 subdivision (b), would be necessary to comply with CESA.

Vernal Pool Fairy Shrimp
The Project site is within the geographic range of vernal pool fairy shrimp (VPFS) and there are several historical occurrences documented within 1.5-miles from the Project site (CDFW 2025). The MND states that VPFS have no potential to occur on the Project site due to no suitable habitat, including vernal pools, were identified during the survey that could support the species, and no mitigation measures were proposed to mitigate for potential Project-related impacts. CDFW does not concur as VPFS are known to breed and develop in aquatic habitats and inundated road-ruts in both grassland and agricultural habitats. Also, the MND states that “The National Hydrography Dataset (NHD) and National Wetlands Inventory (NWI) datasets show one historical water feature that intersects the Biological Study Area (BSA) west of Road 26 along the pipeline route”, and “The NHD identified the feature as a canal ditch…” Aerial imagery shows the canal ditch to be intermittently inundated with water providing potential habitat for VPFS. The MND describes Project construction activities where the canal crossing will be completed via trenchless bore and jack construction within potential VPFS habitat. Additionally, potentially suitable seasonally inundated depressions, wetlands, or pools are located within 1.5-miles from the Project site providing potential habitat for VPFS. As potential suitable habitat appears to be present within and adjacent to the Project site and VPFS have been documented within the Project vicinity, CDFW recommends the following:

Recommended Mitigation Measure 15: VPFS Surveys and Consultation with CDFW
CDFW recommends that a qualified biologist conduct protocol level surveys in accordance with the USFWS “Survey Guidelines for the Listed Large Branchiopods” (USFWS 2017) the survey season prior to construction. These surveys would need to be conducted at the appropriate time of year to determine the existence and extent of branchiopods. Surveys are dependent upon sufficient rainfall to complete, therefore if a single wet season is determined to be unreliable, then the next wet season with sufficient rainfall may be needed to complete survey requirements. If through surveys it is determined that branchiopods are occupying or have the potential to occupy the Project site, coordination with CDFW is recommended well in advance of any planned vegetation- or ground-disturbing activities to determine appropriate avoidance and minimization measures including adequate implementation of no-disturbance buffers.

Docusign Envelope ID: 3F47B959-336D-4699-954D-5F0F3B42CB15 Will Tackett, Director of Community Development
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Special-Status Plants
CDFW recommends that the Project site be surveyed for special-status plants by a qualified botanist following the Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities (CDFW 2018). This protocol, which is intended to maximize detectability, includes identification of reference populations to facilitate the likelihood of field investigations occurring during the appropriate floristic period. Please note that adverse conditions from yearly weather patterns may prevent botanical field surveyors from determining the presence of, or accurately identifying, some special status plants in the surveyed area. Disease, drought, predation, fire, herbivory, or other disturbance may also preclude presence or identification of special status plants in any given year. Visiting the survey site in more than one year increases the likelihood of detection. If special-status plants are identified during surveys, consultation with CDFW is recommended for guidance on mitigation measures such as avoidance, minimization, and mitigation. If State endangered, threatened, or rare plants are identified during special status plant surveys and take cannot be avoided, then to ensure compliance with CESA and the Native Plant Protection Act (NPPA), consultation with CDFW for acquisition of an ITP, pursuant to Fish and Game Code section 2081 subdivision (b) and/or California Code of Regulations, Title 14, section 786.9, subdivision (b), is necessary to comply with CESA and the NPPA.

Editorial Comments and/or Suggestions
Nesting Birds: To protect nesting birds, CDFW recommends that Project grounddisturbing and vegetation-disturbing activities occur during the bird non-nesting season; however, if ground-disturbing or vegetation-disturbing activities must occur during the nesting season (February 1 through September 15), the Project applicant is responsible for ensuring that implementation of the Project does not result in violation of the Migratory Bird Treaty Act or relevant Fish and Game Code sections as referenced above.

If the nesting season cannot be avoided, CDFW recommends that a qualified biologist conduct a pre-construction survey for active nests no more than 10 days prior to the start of ground or vegetation disturbance to maximize the probability that nests that could potentially be impacted are detected. CDFW also recommends that surveys cover a sufficient area around the Project site to identify nests and determine their status. A sufficient area means any area potentially affected, either directly or indirectly, by the Project. In addition to direct impacts (i.e., nest destruction), noise, vibration, and movement of workers or equipment could also affect nests. CDFW recommends that a qualified biologist establish a behavioral baseline of all identified nests. Once Project activities begin, CDFW recommends having a qualified biologist continuously monitor nests to detect behavioral changes resulting from the Project. If behavioral changes Docusign Envelope ID: 3F47B959-336D-4699-954D-5F0F3B42CB15 Will Tackett, Director of Community Development
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October 8, 2025

occur, CDFW recommends halting the work causing that change and consulting with CDFW for additional avoidance and minimization measures.

If continuous monitoring of identified nests by a qualified biologist is not feasible, CDFW recommends a minimum no-disturbance buffer of 250 feet around active nests of nonlisted bird species and a 500-foot no-disturbance buffer around active nests of nonlisted raptors. These buffers are advised to remain in place until the breeding season has ended or until a qualified biologist has determined the birds have fledged and are no longer reliant upon the nest or on-site parental care for survival. Variance from these no-disturbance buffers is possible when there is a compelling biological or ecological reason to do so, such as when the Project site would be concealed from a nest site by topography. CDFW recommends that a qualified biologist advise and support any variance from these buffers and notify CDFW in advance of implementing a variance.

Lake and Streambed Alteration: The MND states the possibility the Project could disturb the bed or bank of the canal west of Road 26 and permits might be required.

CDFW concurs as Project activities that will substantially change or use any material from the bed, bank, and channel of any river, stream, or lake are subject to CDFW’s regulatory authority pursuant Fish and Game Code section 1600 et seq. Fish and Game Code section 1602 requires an entity to notify CDFW prior to commencing any activity that may (a) substantially divert or obstruct the natural flow of any river, stream, or lake; (b) substantially change or use any material from the bed, bank, or channel of any river, stream, or lake (including the removal of riparian vegetation); (c) deposit or dispose of debris, waste or other materials that could pass into any river, stream, or lake. “Any river, stream, or lake” includes those that are ephemeral or intermittent as well as those that are perennial and may include those that are highly modified such as canals and retention basins.

CDFW is required to comply with CEQA prior to issuance of a Lake or Streambed Alteration Agreement; therefore, if the CEQA document approved for the Project does not adequately describe the Project and its impacts to lakes or streams, a subsequent CEQA analysis may be necessary for Lake or Streambed Alteration Agreement issuance. For information on notification requirements, please refer to CDFW’s website (https://wildlife.ca.gov/Conservation/LSA) or contact CDFW staff in the Central Region Lake and Streambed Alteration Program at (559) 243-4593.

CNDDB Positive Submission of Data: Please note that the California Natural Diversity Database (CNDDB) is populated by and records voluntary submissions of species detections. As a result, species may be present in locations not depicted in the CNDDB but where there is suitable habitat and features capable of supporting species. A lack of an occurrence record in the CNDDB does not mean a species is not present. In order to adequately assess any potential Project-related impacts to biological resources, surveys conducted by a qualified wildlife biologist/botanist during the appropriate survey period(s) and using the appropriate protocol survey methodology are warranted to Docusign Envelope ID: 3F47B959-336D-4699-954D-5F0F3B42CB15 Will Tackett, Director of Community Development
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determine whether or not any special-status species are present at or near the Project site.

ENVIRONMENTAL DATA
CEQA requires that information developed in environmental impact reports and negative declarations be incorporated into a database which may be used to make subsequent or supplemental environmental determinations. (Pub. Resources Code, § 21003, subd. (e)). Accordingly, please report any special-status species and natural communities detected during Project surveys to CNDDB. The CNDDB field survey form can be filled out and submitted online at the following link:
https://wildlife.ca.gov/Data/CNDDB/Submitting-Data. The completed form can be mailed electronically to the CNDDB at the following email address: [email protected].

The types of information reported to CNDDB can be found at the following link:
https://www.wildlife.ca.gov/Data/CNDDB/Plants-and-Animals.

FILING FEES
The Project, as proposed, could have an impact on fish and/or wildlife, and assessment of environmental document filing fees is necessary. Fees are payable upon filing of the Notice of Determination by the Lead Agency and serve to help defray the cost of environmental review by CDFW. Payment of the environmental document filing fee is required in order for the underlying project approval to be operative, vested, and final. (Cal. Code Regs, tit. 14, § 753.5; Fish & G. Code, § 711.4; Pub. Resources Code, § 21089).

CONCLUSION
CDFW appreciates the opportunity to comment on the MND to assist the City in identifying and mitigating Project impacts on biological resources. A Mitigation and Monitoring Program (MMRP) (Attachment 1) is included to assist the City with incorporating the recommended mitigation measures provided above. Questions regarding this letter or further coordination should be directed to John Riedel, Environmental Scientist, at (559) 807-1453 or [email protected].

Sincerely,
Julie A. Vance
Regional Manager
Attachment (MMRP)
Docusign Envelope ID: 3F47B959-336D-4699-954D-5F0F3B42CB15 Will Tackett, Director of Community Development
City of Madera
October 8, 2025

ec: State Clearinghouse
Land Use and Climate Innovation
[email protected]
John Riedel
California Department of Fish and Wildlife
Docusign Envelope ID: 3F47B959-336D-4699-954D-5F0F3B42CB15 Will Tackett, Director of Community Development
City of Madera
October 8, 2025

References
California Department of Fish and Game. 2012. Staff report on burrowing owl mitigation.

Sacramento, California, USA.

California Department of Fish and Wildlife. 2018. Protocols for surveying and evaluating impacts to special status native plant populations and sensitive natural communities. California Department of Fish and Wildlife. Sacramento, California.

California Department of Fish and Wildlife. 2023. Survey considerations for California Endangered Species Act candidate bumble bee species. California Department of Fish and Wildlife, Sacramento, California, USA.

California Department of Fish and Wildlife. 2025. Biogeographic information and observation system (BIOS). https://www.wildlife.ca.gov/Data/BIOS. Accessed 25 September 2025.

Searcy, C. and B. Shaffer. 2011. Determining the migration distance of a vagile vernal pool specialist: How much land is required for conservation of California tiger salamanders? California State University, Chico, California, USA.

U. S. Fish and Wildlife Service. 2003. Interim guidance on site assessment and field surveys for determining presence or a negative finding of the California tiger salamander. Sacramento, California, USA.

U. S. Fish & Wildlife Service. 2017. Survey guidelines for the listed large branchiopods.

Pacific Southwest Region, Sacramento, California, USA. Revised November 2017.

Xerces Society for Invertebrate Conservation, Defenders of Wildlife, and Center for Food Safety. 2018. A petition to the state of California fish and game commission to list the Crotch’s bumble bee (Bombus crotchii), Franklin’s bumble bee (Bombus Fusf), Suckley cuckoo bumble bee (Bombus suckleyi), and western bumble bee (Bombus occidentalis occidentalis) as Endangered under the California Endangered Species Act. October 2018.

Zeiner, D., W. Laudenslayer, Jr., K. Mayer, and M. White. 1990. California’s Wildlife.

Volumes I-III in California Department of Fish and Game, editor. California Department of Fish and Wildlife, Sacramento, California, USA.

Docusign Envelope ID: 3F47B959-336D-4699-954D-5F0F3B42CB15 Attachment 1

CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE

RECOMMENDED MITIGATION MONITORING AND REPORTING PROGRAM (MMRP)
PROJECT: Northeast Water Storage Tank, Booster Pump Station, and Transmission Main Project
SCH No.: 2025090413

RECOMMENDED MITIGATION MEASURE STATUS/DATE/INITIALS
Before Disturbing Soil or Vegetation
Swainson’s Hawk (SWHA)
Recommended Mitigation Measure 2:

SWHA take authorization
California Tiger Salamander (CTS)
Recommended Mitigation Measure 3:

CTS protocol surveys
Recommended Mitigation Measure 5:

CTS take authorization
Western Burrowing Owl (BUOW)
Recommended Mitigation Measure 7:

BUOW take authorization
Crotch’s Bumble Bee (CBB)
Recommended Mitigation Measure 8:

CBB focused surveys
Recommended Mitigation Measure 10:

CBB take authorization
American Badger (AMBA)
Recommended Mitigation Measure 11:

AMBA focused surveys
Western Spadefoot (WESP)
Recommended Mitigation Measure 13:

WESP focused surveys
Vernal Pool Fairy Shrimp (VPFS)
Recommended Mitigation Measure 15:

VPFS surveys and consultation
During Construction
Docusign Envelope ID: 3F47B959-336D-4699-954D-5F0F3B42CB15 Swainson’s Hawk (SWHA)
Recommended Mitigation Measure 1:

SWHA avoidance buffer
California Tiger Salamander (CTS)
Recommended Mitigation Measure 4:

CTS avoidance buffer
Western Burrowing Owl (BUOW)
Recommended Mitigation Measure 6:

BUOW avoidance buffer
Crotch’s Bumble Bee (CBB)
Recommended Mitigation Measure 9:

CBB avoidance buffer
American Badger (AMBA)
Recommended Mitigation Measure 12:

AMBA avoidance buffer
Western Spadefoot (WESP)
Recommended Mitigation Measure 14:

WESP avoidance buffer
Docusign Envelope ID: 3F47B959-336D-4699-954D-5F0F3B42CB15

EXHIBIT C
Memorandum
Response to Comments for the proposed Northeast Water Storage Tank, Booster Pump Station and Transmission Main Project (SCH# 2025090413) dated November 24, 2025.

MEMO
5080 California Avenue, Suite 220  Bakersfield, California 93309-1697  Tel (661) 616-2600  Fax (661) 616-5970 www.quadknopf.com
Date: November 24, 2025 Project No.: 180483
To: Will Tackett, City of Madera
From: Jaymie L. Brauer, Principal Planner/Project Manager Subject: Response to Comments for the proposed Northeast Water Storage Tank, Booster Pump Station, and Transmission Main Project (SCH# 20250413) As Lead Agency pursuant to the California Environmental Quality Act (CEQA) Guidelines (Public Resources Code (PRC) Section 15000 et seq.), the City of Madera (City) prepared an Initial Study/Mitigated Negative Declaration (IS/MND) for the above referenced Project, pursuant to CEQA Guidelines Section 15070 et seq. The document was circulated for a 30-day public comment period, which began on September 5, 2025, and ended on October 6, 2025.

CEQA guidelines do not require nor provide guidance on responding to comments on an IS/MND.

However, this memo provides information relating to the comments received from the District, and the recommendations contained therein. These project clarifications fall within the scope of the original project analysis included in the IS/MND and do not result in an increase in impacts or any new impacts. No significant new environmental impacts would result from the recommended clarifications below. Therefore, it is our opinion that no substantial issues have been made that would require recirculation of the draft IS/MND pursuant to State CEQA Guidelines Section 15073.5 (Recirculation of a Negative Declaration Prior to Certification).

After the close of the public comment period, one comment letter was received. A letter from the California Department of Fish and Wildlife (CDFW) was received by the City on October 8, 2025.

Although not required to do so under California Environmental Quality Act (CEQA) Guidelines, the City chose to respond to these late comment letters as though they had been submitted during the regular public comment period. Accordingly, although the City is not required to provide a written response to late comment letter(s), the City has elected to respond, but without waiving its position that written responses to late comment letters are not required by law.

The City received the following letter from the CDFW. Their comments are summarized below, however, the bracketed comment letter is included as Attachment A of this memo. Comments are noted a C1 through C15 in the bracketed letter.

The following comments and responses are as follows:

1. California Department of Fish and Wildlife (CDFW)
Exhibit C:

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Comment 1:

The commenter offers thanks for the opportunity to provide comments and recommendations regarding the proposed project and sets forth CDFW’s scope of regulatory authority with respect to its role as a Responsible and Trustee Agency. The commenter also notes CDFW’s jurisdiction over actions with the potential to result in the disturbance or destruction of active nest sites or unauthorized take of birds, as well as species of plants and wildlife that meet criteria under CEQA Guidelines section 15380.

Response 1:

Thank you for your comment. CDFW is a recognized reviewing agency, and their comments are appreciated and are noted for the record. As this comment does not specifically raise concerns regarding the air quality study or CEQA document, no further response or recommendation is necessary.

Comment 2:

The commenter accurately summarizes the project description and location of the project.

Response 2:

Thank you for your comment, it is noted for the record. As this comment does not specifically raise concerns regarding the biological resources or CEQA document, no further response or recommendation is necessary.

Comment 3:

The commenter notes that the project is within the geographic range of several special-status animal species and proposes specific mitigation measures to reduce impacts to less than significant. CDFW has concerns about the ability of some of these measures to reduce impacts to less than significant and avoid unauthorized take for special-status animal species. These include the State and federally threatened California tiger salamander - Central California Distinct Population Segment (DPS) (Ambystoma californiense pop. 1); the State candidate western burrowing owl (Athene cunicularia hypugaea) and Crotch’s bumble bee (Bombus crotchii); the State species of special concern American badger (Taxidea taxus); the State species of special concern and federally proposed threatened western spadefoot (Spea hammondii); and the State special animal and federally threatened vernal pool fairy shrimp (Branchinecta lynchi).

Response 3:

Thank you for your comment, it is noted for the record. The comment does not raise any specific project-related environmental issues under CEQA and therefore no response is required.

Comment 4:

The commenter discusses the potential project related impacts to Swainson’s hawk (SWHA) and offers mitigation measures to reduce impacts to less than significant levels. They also note that if take of SWHA cannot be avoided, the project should obtain an Incidental Take Permit (ITP).

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Response 4:

Thank you for your comment and it is noted for the record.

Section 3.4.4, Biological Resources of the Initial Study (IS), and the Biological Assessment (BA) that was prepared for the project (Appendix C of the IS/MND), provided a detailed discussion of the environmental setting, including disclosing the wildlife species observed or that have the potential to occur within the project site, including, among others, Swainson’s hawk, migratory birds, western burrowing owl, American badger, and other special status plant and wildlife species.

Specifically, the IS noted that Swainson’s hawk is known to occur near the project site and one was observed flying overhead during the survey. While almond orchards are not considered Swainson’s hawk foraging habitat, the analysis recognized that this species is known to forage in alfalfa fields and open low crops and grasslands and these habitat types are present adjacent to the project site.

The IS states the project area and vicinity have a lack of sufficient prey base and provide lowquality foraging habitat for Swainson’s hawk and other raptor species. To account for potential impacts, implementation of Mitigation Measures (MM) BIO-1 through BIO-5 as recommended in the BA would protect, avoid, and minimize impacts to potential nesting migratory birds and raptors, including the Swainson’s hawk. MM BIO-1 will require a preconstruction survey to be conducted prior to ground disturbance, and MM BIO-2 requires that pre-disturbance surveys be conducted if construction occurs during nesting season, and additional measures should nests be identified. MM BIO-3 establishes procedures for active raptor nests, MM BIO-4 provides for Swainson’s hawk-specific protocol surveys and CDFW pre-approved mitigation measures, and MM BIO-5 requires training for all construction personnel for biological resources.

The impact analysis evaluated potential project-related impacts on Swainson’s hawk and identified feasible avoidance and minimization measures to reduce potential project-related impacts to less than significant levels. The project will implement full avoidance if nesting SWHA are observed during preconstruction surveys, and an ITP will not be required.

The commenter does not provide evidence to contradict the conclusions of the IS, and as such, the document has adequately addressed this issue under CEQA. Based on the information presented above, the Lead Agency is of the opinion that potential project impacts related to biological resources have been fully disclosed, adequately analyzed and appropriately mitigated to the extent feasible under CEQA. No further analysis or revisions are required.

Comment 5:

The commenter notes Project site is within the known geographic range of California tiger salamander (CTS) and several historical occurrences are documented within 1 mile from the Project site (CDFW 2025).The MND states that CTS have no potential to occur on the Project site PAGE 4 OF 12
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due to an absence of suitable habitat being identified during surveys, and thus no mitigation measures were proposed to mitigate for potential Project-related impacts.. CDFW does not concur with this determination, as CTS breed and develop in vernal and seasonal pools, stock ponds, pooled ditches, and other inundated features in agricultural, grassland, woodland, and scrub habitat types and have been determined to be physiologically capable of dispersing up to approximately 1.3-miles from seasonally flooded wetlands Response 5:

Thank you for your comment, it is noted for the record.

As noted in the IS Table 3.4.4-1 (page 3-25), a reconnaissance level survey was conducted by qualified biologists of the project and a 500-foot buffer area, where feasible. There are no known or observed vernal pools, ponds, lakes, rivers, streams or creeks observed. There are no ephemeral pools or artificial ponds nor upland habitat or refugia: valley and foothill grassland, oak woodlands to support this species. The Lateral 24.2 canal was dry at the time of the survey. It is also routinely maintained and devoid of suitable habitat to support CTS or other aquatic species. It is also noted that the bed and bank of the canal will not be impacted in any way by the project- as the project intends to jack and bore underneath the canal.

As noted in the IS and BA, it is highly unlikely that CTS would be found within the small area located at the Lateral 24.2 canal. MM BIO-1 will require a preconstruction survey to be conducted, which would be sufficient to confirm absence of this species from the project site prior to construction activities. MM BIO-5 requires training for all construction personnel for biological resources
The commenter does not provide evidence to contradict the conclusions of the IS, and as such, the document has adequately addressed this issue under CEQA. Based on the information presented above, the Lead Agency is of the opinion that potential project impacts related to biological resources have been fully disclosed, adequately analyzed and appropriately mitigated to the extent feasible under CEQA. No further analysis or revisions are required.

Comment 6:

The commenter states The Project site is within the known geographic range of western burrowing owl (BUOW) and there are historical occurrences documented within a ½ mile of the Project site (CDFW 2025). The MND states that BUOW have no potential to occur on the Project site due to no suitable habitat as the site is highly disturbed, and no mitigation measures were proposed to mitigate for potential Project-related impacts
Response 6:

Thank you for your comment, it is noted for the record. As noted, a reconnaissance level survey was conducted by qualified biologist of the project and a 500-foot buffer area, where feasible. In Table 3.4.4-1 (page 3-26) of the IS, there are no grasslands, shrublands, fallow fields, dry grain fields observed on or near the project site, which are the preferred habitat for this species. It is also noted that there is a lack of prey base, and no small mammal burrows to provide suitable nesting PAGE 5 OF 12
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sites for BUOW. The majority of the project will be conducted on existing roadways with little to no suitable habitat or prey base to support this species.

Although BUOW are not specifically called out in the mitigation, MM BIO-1 will require a preconstruction survey to be conducted to confirm the presence or absence of special status species, especially avian species. MM BIO-2 requires that pre-disturbance surveys be conducted if construction occurs during nesting season, out outlines additional measures to implement should nests be identified. MM BIO-5 requires training for all construction personnel for biological resources. A qualified biologist will conduct these surveys, and in the unlikely event BUOW are observed, the appropriate measures would be completed as required under the California Endangered Species Act (CESA).

The commenter does not provide evidence to contradict the conclusions of the IS, and as such, the document has adequately addressed this issue under CEQA. Based on the information presented above, the Lead Agency is of the opinion that potential project impacts related to biological resources have been fully disclosed, adequately analyzed and appropriately mitigated to the extent feasible under CEQA. No further analysis or revisions are required.

Comment 7:

The commenter states that within the geographic range of Crotch’s bumble bee (CBB), and a historical occurrence was documented within 1.5-miles from the Project site (CDFW 2025). CBB are known to inhabit a variety of habitats, including grasslands, scrublands, areas with bare ground including vacant lots, dirt roads, and levees.

Response 7:

Thank you for your comment, it is noted for the record. The California Natural Diversity Database (CNDDB) was conducted. The search focus was on the Madera California USGS 7.5-minute quadrangle in which the project is located, plus the surrounding eight quadrangles: Berenda, Kismet, Daulton, Gregg, Herndon, Biola, Gravelly Ford, and Bonita Ranch. CBB was not included on the CNDDB list, and therefore, it was not specifically evaluated.

However, as noted in the IS and BA, there are no potential CBB nesting sites, which include small mammal burrows, perennial bunch grasses, thatched annual grasses, brush piles or old bird nests observed during the reconnaissance survey of the project. The majority of the project is considered urban habitat with little to no suitable nesting or foraging habitat for this species. None of the preferred host plant species were observed in the area as well, making this area unsuitable to support CBB habitation.

However, as noted previously, mitigation MM BIO-1 requires a preconstruction clearance survey of the project and MM BIO-5 requires training for all construction personnel for biological resources. In the unlikely event CBB or other special status species or their sign are observed, the appropriate protective measures would be implemented. A qualified biologist will conduct these surveys, and in the unlikely event CBB are observed, the appropriate measures would be completed as required under the California Endangered Species Act (CESA).

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The commenter does not provide evidence to contradict the conclusions of the IS, and as such, the document has adequately addressed this issue under CEQA. Based on the information presented above, the Lead Agency is of the opinion that potential project impacts related to biological resources have been fully disclosed, adequately analyzed and appropriately mitigated to the extent feasible under CEQA. No further analysis or revisions are required.

Comment 8:

The commenter states that within the geographic range of American badger (AMBA) and a historical occurrence was documented approximately 8 miles from the Project site. Based on aerial imagery, the commenter believes suitable habitat appears to be present within the Project site, and AMBA have been documented within the Project vicinity and mitigation is required.

Response 8:

Thank you for your comment, it is noted for the record. As noted in the IS and BA, a reconnaissance level biological survey of the site itself was conducted by qualified biologist as the basis for the BA. As was noted in Appendix B of the BA (Appendix C of the IS/MND), no suitable habitat, open, drier stages of shrub, forest, and herbaceous habitats, with friable soils, were identified during the survey that could support the species. Aerial imagery is often outdated and does not qualify as a definitive assessment of a project site.

It was also noted that AMBA can be somewhat tolerant of human activity, but they typically avoid humans. The project is a predominantly urban, completely developed area with heavy vehicular traffic and human presence. It is highly unlikely that this species would inhabit the project area.

However, as noted previously, mitigation MM BIO-1 requires a preconstruction clearance survey of the project and MM BIO-5 requires training for all construction personnel for biological resources. In the unlikely event AMBA or other special status species or their sign are observed, the appropriate protective measures would be implemented.

The commenter does not provide evidence to contradict the conclusions of the IS, and as such, the document has adequately addressed this issue under CEQA. Based on the information presented above, the Lead Agency is of the opinion that potential project impacts related to biological resources have been fully disclosed, adequately analyzed and appropriately mitigated to the extent feasible under CEQA. No further analysis or revisions are required Comment 9:

The commenter states that within the geographic range of western spadefoot (WESP) and there are several historical occurrences documented within 1 mile from the Project site Response 9:

Thank you for your comment, it is noted for the record.

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As noted in Response 5, there are no known vernal pools, ponds, lakes, rivers, streams or creeks on or near the project. This species also prefers vernal pools for breeding where predators cannot become established. It occurs in open areas with sand or gravelly soils in a variety of habitats:
grasslands, coastal scrub, woodlands, chaparral, sandy washes, lowland river floodplains, alkali flats, foothills, and mountains. There were no vernal pools or other suitable habitat to support WESP on or within the 500 foot buffer of the project. The Lateral 24.2 canal was dry at the time of the survey. It is also routinely maintained and devoid of suitable habitat to support WESP or other aquatic species. It is also noted that the bed and bank of the canal will not be impacted in any way by the project- as the project intends to jack and bore underneath the canal.

As noted in the IS and BA, it is highly unlikely that WESP would be found within the small area located at the Lateral 24.2 canal. MM BIO-1 will require a preconstruction survey to be conducted, which would be sufficient to confirm absence of this species from the project site prior to construction activities. MM BIO-5 requires training for all construction personnel for biological resources.

The commenter does not provide evidence to contradict the conclusions of the IS, and as such, the document has adequately addressed this issue under CEQA. Based on the information presented above, the Lead Agency is of the opinion that potential project impacts related to biological resources have been fully disclosed, adequately analyzed and appropriately mitigated to the extent feasible under CEQA. No further analysis or revisions are required.

Comment 10:

The commenter states that the Project within the geographic range of vernal pool fairy shrimp (VPFS) and there are several historical occurrences documented within 1.5-miles from the Project site. As suitable habitat appears to be present within and adjacent to the Project site and VPFS have been documented within the Project vicinity, the commenter recommends mitigation measures be imposed.

Response 10:

Thank you for your comment, it is noted for the record.

See Responses 5 and 9. This species also occurs in a variety of vernal pool habitats that range from small, clear sandstone rock pools to large, turbid, alkaline, grassland valley floor pools. there are no known vernal pools, ponds, lakes, rivers, streams or creeks on or near the project. Based on the reconnaissance survey there are no known vernal pools, ponds, lakes, rivers, streams or creeks observed on or near the project. Because of the lack of suitable breeding and foraging habitat, it was determined it is highly unlikely that VPFS would inhabit or use the project site.

As noted in the IS and BA, it is highly unlikely that VPFS would be found within the small area located at the Lateral 24.2 canal. MM BIO-1 will require a preconstruction survey to be conducted, which would be sufficient to confirm absence of this species from the project site prior to construction activities. MM BIO-5 requires training for all construction personnel for biological PAGE 8 OF 12
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resources. In the unlikely event CBB are observed, the appropriate measures would be completed as required under the California Endangered Species Act (CESA).

The commenter does not provide evidence to contradict the conclusions of the IS, and as such, the document has adequately addressed this issue under CEQA. Based on the information presented above, the Lead Agency is of the opinion that potential project impacts related to biological resources have been fully disclosed, adequately analyzed and appropriately mitigated to the extent feasible under CEQA. No further analysis or revisions are required.

Comment 11:

The commenter recommends that the Project site be surveyed for special-status plants by a qualified botanist following the Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities.

Response 11:

Thank you for your comment, it is noted for the record.

As is noted in the BA federal and State listed and special-status plant species lists were generated using the USFWS’ IPaC system, CDFW’s CNDDB, and California Native Plant Society (CNPS) Inventory of Rare and Endangered Plants of California was compiled. These lists are found in Appendix A of the BA (Appendix B of the IS). Also, as noted in the BA (see page 1-1), special status plant species Succulent owl’s clover (Castilleja campestris succulenta), San Joaquin Valley Orcutt grass (Orcuttia inaequalis), hairy Orcutt grass (Orcuttia pilosa) and Greene’s tuctoria (Tuctoria greenei) were considered. Vegetation communities found within project and a 500 foot buffer, where feasible, were characterized during the survey. Vegetation communities were characterized based on the CWHR Habitat Classification Scheme. Based on the reconnaissance level survey and review of the available databases, the four special status plant species are determined not to occur on the project. Although the survey was conducted outside the optimal blooming period for these four species, there was no suitable habitat present. The four species require vernal pools, and as noted previously in Responses 5 and 9, it is highly unlikely these species would be present due to lack of suitable habitat conditions. It is highly unlikely that the four special status plant species would be found within the small area located at the Lateral 24.2 canal, as the canal is routinely maintained and devoid of vegetation.

As noted in the IS, MM BIO-1 will require a preconstruction survey to be conducted, which would be sufficient to confirm absence of these plant species from the project site prior to construction activities. MM BIO-5 requires training for all construction personnel for biological resources. In the unlikely event any of these plants are observed, the appropriate measures would be completed as required under the California Endangered Species Act (CESA).

The commenter does not provide evidence to contradict the conclusions of the IS, and as such, the document has adequately addressed this issue under CEQA. Based on the information presented above, the Lead Agency is of the opinion that potential project impacts related to biological PAGE 9 OF 12
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resources have been fully disclosed, adequately analyzed and appropriately mitigated to the extent feasible under CEQA. No further analysis or revisions are required.

Comment 12:

To protect nesting birds, the commenter recommends that Project ground-disturbing and vegetation-disturbing activities occur during the bird non-nesting season; however, if grounddisturbing or vegetation-disturbing activities must occur during the nesting season (February 1 through September 15), the Project applicant is responsible for ensuring that implementation of the Project does not result in violation of the Migratory Bird Treaty Act or relevant Fish and Game Code sections.

Response 12:

Thank you for your comment, it is noted for the record.

As noted in the BA and IS, federal and State listed wildlife species, including tricolored blackbird (Agelaius tricolor), western burrowing owl and Swainson’s hawk, as well as migratory avian species were considered and evaluated. The Swainson’s hawk and other migratory nesting birds are identified as potentially occurring outside the project itself, but within the 500-foot buffer area.

Mitigation measures that will be incorporated into the project design and specific conservation measures incorporated for the protection of federal and State listed, and other sensitive species (special-status) expected to occur adjacent to the project. Implementation of these measures will further protect these species from potential indirect effects during the construction phase of the Project
To account for potential impacts, implementation of MM BIO-1 through BIO-5 was recommended to protect, avoid, and minimize impacts to potential nesting migratory birds and raptors, including the Swainson’s hawk. MM BIO-1 will require a preconstruction survey to be conducted, and MM BIO-2 requires that pre-disturbance surveys be conducted if construction occurs during nesting season, and additional measures should nests be identified. MM BIO-3 establishes procedures for active raptor nests, MM BIO-4 provides for Swainson’s hawk-specific protocol surveys and avoidance measures, and MM BIO-5 requires training for all construction personnel for biological resources.

The commenter does not provide evidence to contradict the conclusions of the IS, and as such, the document has adequately addressed this issue under CEQA. Based on the information presented above, the Lead Agency is of the opinion that potential project impacts related to biological resources have been fully disclosed, adequately analyzed and appropriately mitigated to the extent feasible under CEQA. No further analysis or revisions are required.

Comment 13:

The commenter noted Project could disturb the bed or bank of the canal west of Road 26 and permits might be required. The commenter concurs as Project activities that will substantially change or use any material from the bed, bank, and channel of any river, stream, or lake are PAGE 10 OF 12
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subject to CDFW’s regulatory authority pursuant Fish and Game Code section 1600 et seq. Fish and Game Code section 1602.

Response 13:

Thank you for your comment, it is noted for the record.

As noted in the Project Description (page 3) of the IS, WATER DISTRIBUTION: Approximately 13,200 linear feet (LF) of 24-inch transmission main will connect the tank site to the City-owned Well 38. The transmission main will cross below a joint-use irrigation and drainage canal approximately 300 feet west of Ellis Street. The canal crossing will be approximately 200 linear feet and will be completed via trenchless jack and bore construction. By using this method to underground the pipeline at the Lateral 24.2 canal, no impacts are anticipated to either the canal bed or bank.

As noted in the IS (page 3-33) the Lateral 24.2 canal is operated by the Madera Irrigation District and under the jurisdiction of the United States Bureau of Reclamation (USBR). Should the Project impact the canal ditch, implementation of MM BIO-6 would require that specific impacts be identified by a water delineation and the appropriate regulatory permit be obtained, or through confirmation that regulatory permits are not required. The Project proposes the pipeline to cross underneath the canal via the trenchless jack and bore method. Through the use of the jack and bore, the Project anticipates no impacts to the canal bed or bank. However, an encroachment permit would be required from USBR in order to install the pipeline, as outlined in MM BIO-7. With implementation of MM BIO-7, impacts to water features such as Lateral 24.2 would be less than significant
The commenter does not provide evidence to contradict the conclusions of the IS, and as such, the document has adequately addressed this issue under CEQA. Based on the information presented above, the Lead Agency is of the opinion that potential project impacts related to biological resources have been fully disclosed, adequately analyzed and appropriately mitigated to the extent feasible under CEQA. No further analysis or revisions are required.

Comment 14:

The commenter states that CEQA requires that information developed in environmental impact reports and negative declarations be incorporated into a database which may be used to make subsequent or supplemental environmental determinations. please report any special-status species and natural communities detected during Project surveys to CNDDB.

Response 14:

Thank you for your comment, it is noted for the record.

As this comment does not specifically raise concerns regarding the biological resources or CEQA document, no further response or recommendation is necessary.

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Comment 15:

The commenter states The Project, as proposed, could have an impact on fish and/or wildlife, and assessment of environmental document filing fees is necessary. Fees are payable upon filing of the Notice of Determination by the Lead Agency and serve to help defray the cost of environmental review by CDFW.

Response 15:

Thank you for your comment, it is noted for the record.

Once the project is approved and the CEQA document is adopted by the City, the appropriate Fish and Game fees will be paid. As this comment does not specifically raise concerns regarding the biological resources or CEQA document, no further response or recommendation is necessary PAGE 12 OF 12
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Attachment AComment Letter Received
State of California – Natural Resources Agency GAVIN NEWSOM, Governor DEPARTMENT OF FISH AND WILDLIFE CHARLTON H. BONHAM, Director Central Region
1234 East Shaw Avenue
Fresno, California 93710
(559) 243-4005
www.wildlife.ca.gov
Conserving California’s Wildlife Since 1870
October 8, 2025
Will Tackett, Director of Community Development
City of Madera
428 East Yosemite Avenue
Madera, California 93638
(559) 661-3688
[email protected]
Subject: Northeast Water Storage Tank, Booster Pump Station, and Transmission Main Project (Project)
Initial Study/Mitigated Negative Declaration (MND)
State Clearinghouse No.: 2025090413
Dear Will Tackett:

The California Department of Fish and Wildlife (CDFW) received an MND from the City of Madera (City) for the above referenced Project pursuant the California Environmental Quality Act (CEQA) and CEQA Guidelines.1
Thank you for the opportunity to provide comments and recommendations regarding those activities involved in the Project that may affect California fish and wildlife.

Likewise, CDFW appreciates the opportunity to provide comments regarding those aspects of the Project that CDFW, by law, may be required to carry out or approve through the exercise of its own regulatory authority under the Fish and Game Code.

CDFW ROLE
CDFW is California’s Trustee Agency for fish and wildlife resources and holds those resources in trust by statute for all the people of the State (Fish & G. Code, §§ 711.7, subd. (a) & 1802; Pub. Resources Code, § 21070; CEQA Guidelines § 15386, subd. (a)). CDFW, in its trustee capacity, has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species (Id., § 1802). Similarly, for purposes of CEQA, CDFW is charged by law to provide, as available, biological expertise during public agency environmental review efforts, focusing specifically on projects and related activities that have the potential to adversely affect fish and wildlife resources.

CDFW is also submitting comments as a Responsible Agency under CEQA (Pub.

Resources Code, § 21069; CEQA Guidelines, § 15381). CDFW expects that it may 1 CEQA is codified in the California Public Resources Code in section 21000 et seq. The “CEQA Guidelines” are found in Title 14 of the California Code of Regulations, commencing with section 15000.

Docusign Envelope ID: 3F47B959-336D-4699-954D-5F0F3B42CB15 C1
Will Tackett, Director of Community Development
City of Madera
October 8, 2025

need to exercise regulatory authority as provided by the Fish and Game Code. As proposed, for example, the Project may be subject to CDFW’s lake and streambed alteration regulatory authority (Fish & G. Code, § 1600 et seq). Likewise, to the extent implementation of the Project as proposed may result in “take” as defined by State law of any species protected under the California Endangered Species Act (CESA) (Fish & G. Code, § 2050 et seq.), the Project proponent may seek related take authorization as provided by the Fish and Game Code.

Nesting Birds: CDFW has jurisdiction over actions with the potential to result in the disturbance or destruction of active nest sites or unauthorized take of birds. Fish and Game Code sections that protect birds, their eggs, or nests include sections 3503 (regarding unlawful take, possession, or needless destruction of the nest or eggs of any bird), 3503.5 (regarding the take, possession, or destruction of any birds-of-prey or their nests or eggs), and 3513 (regarding unlawful take of any migratory nongame bird).

Unlisted Species: Species of plants and animals need not be officially listed as Endangered, Rare, or Threatened (E, R, or T) on any State or federal list to be considered E, R, or T under CEQA. If a species can be shown to meet the criteria for E, R, or T, as specified in the CEQA Guidelines section 15380, CDFW recommends it be fully considered in the environmental analysis for the Project.

PROJECT DESCRIPTION SUMMARY
Proponent: City of Madera
Objective: The Project proposes water supply construction and associated distribution infrastructure and facilities to meet the City’s water demand and fire protection. The initial phase includes the construction of one 2.5-milion-gallon (mg) water storage tank, a booster pump station, and installation of related facilities and improvements on an approximately 2.89 acre property located on the west side of North Lake Street between Martin and Ellis Streets in an unincorporated area of Madera County. The Project will also include the installation of a 13,200 linear-foot 24-inch pipeline that will connect to the proposed water storage tank to an existing City-owned water well site. The pipeline route will follow the existing right-of-way (ROW) south along Lake Street, west along Ellis Street, and northwest along Sharon Boulevard. Additional phases will also include the installation of an additional 2.5-mg water storage tank and possible replacement of existing facilities, pumps, and equipment on the property located on the west side of North Lake Street.

Location: The Project site is located in the City of Madera Sphere of Influence in Madera County, generally bounded by Lake Street to the east, Ellis Street to the south, and Martin Street to the north. The proposed water tanks and other infrastructure will be located on a parcel on North Lake Street, Assessor’s Parcel Number (APN) 038-030- 031. The pipeline route will follow the ROW south along Lake Street, west along Ellis Docusign Envelope ID: 3F47B959-336D-4699-954D-5F0F3B42CB15 C1
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Will Tackett, Director of Community Development
City of Madera
October 8, 2025

Street, and northwest along Sharon Boulevard. This pipeline will connect to an existing water well site located on a parcel on Sharon Boulevard, APN 013-280-001.

COMMENTS AND RECOMMENDATIONS
CDFW offers the comments and recommendations below to assist the City in adequately identifying and/or mitigating the Project’s significant, or potentially significant, direct, indirect, and cumulative impacts on fish and wildlife (biological) resources. Editorial comments or other suggestions may also be included to improve the MND prepared for this Project.

The MND notes the Project vicinity is a combination of residential, commercial development, undeveloped lots, and agriculture lands. The Project site consists of previously tilled parcels, undeveloped parcels surrounded by residential development and undeveloped pastures, and non-native grassland with residences within an urban setting with ornamental trees, plants, grass lawns, and ruderal habitats. The Project site also intersects a canal, operated by the Madera Irrigation District, just west of Road 26 and Ellis Street.

Currently, the MND acknowledges that the Project site is within the geographic range of several special-status animal species and proposes specific mitigation measures to reduce impacts to less than significant. CDFW has concerns about the ability of some of these measures to reduce impacts to less than significant and avoid unauthorized take for special-status animal species, including but not limited: the State threatened Swainson’s hawk (Buteo swainsoni); the State and federally threatened California tiger salamander - Central California Distinct Population Segment (DPS) (Ambystoma californiense pop. 1); the State candidate western burrowing owl (Athene cunicularia hypugaea) and Crotch’s bumble bee (Bombus crotchii); the State species of special concern American badger (Taxidea taxus); the State species of special concern and federally proposed threatened western spadefoot (Spea hammondii); and the State special animal and federally threatened vernal pool fairy shrimp (Branchinecta lynchi).

Swainson’s Hawk
The MND notes that suitable Swainson’s hawk (SWHA) nesting and foraging habitat occurs within the Project site, and that one adult SWHA was observed within the BSA, however no SWHA nest was located in the vicinity. Conservation measure (CM) BIO-4 requires protocol surveys within ½ mile of construction activities during the nesting season (March 1-August 30). CDFW concurs with this approach but recommends extending the latter date to September 15
th to avoid potentially significant impacts. CM
BIO-4 also states that Project-related activities with the potential to cause nest abandonment will be avoided, but if Project activities cause nest abandonment within the ½ mile buffer zone, the Project developer/contractor is required to fund the controlled release of captive-reared young. CDFW doesn’t concur with these methods Docusign Envelope ID: 3F47B959-336D-4699-954D-5F0F3B42CB15 C2
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Will Tackett, Director of Community Development
City of Madera
October 8, 2025

as they would result in unauthorized take of a CESA listed species. CDFW concurs with necessary coordination with CDFW and recommends the following measures:

Recommended Mitigation Measure 1: SWHA Avoidance Buffer If Project-specific activities will take place during the SWHA nesting season (i.e., March 1 through September 15), and active SWHA nests are present, CDFW recommends a minimum ½-mile no-disturbance buffer be delineated and maintained around each nest, regardless of whether it was detected by surveys or observed incidentally. These buffers would remain in place until the breeding season has ended or until a qualified biologist has determined that the birds have fledged and are no longer reliant upon the nest or parental care for survival, to prevent nest abandonment and other take of SWHA as a result of Project activities.

Recommended Mitigation Measure 2: SWHA Take Authorization CDFW also recommends that in the event an active SWHA nest is detected, and a ½-mile no-disturbance buffer is not feasible, consultation with CDFW is warranted to discuss how to implement the Project and avoid take. If take cannot be avoided, take authorization through the acquisition of an Incidental Take Permit (ITP), pursuant to Fish and Game Code section 2081 subdivision (b) is necessary to comply with CESA.

California Tiger Salamander
The Project site is within the known geographic range of California tiger salamander (CTS) and several historical occurrences are documented within 1 mile from the Project site (CDFW 2025).The MND states that CTS have no potential to occur on the Project site due to an absence of suitable habitat being identified during surveys, and thus no mitigation measures were proposed to mitigate for potential Project-related impacts.

CDFW does not concur with this determination, as CTS breed and develop in vernal and seasonal pools, stock ponds, pooled ditches, and other inundated features in agricultural, grassland, woodland, and scrub habitat types and have been determined to be physiologically capable of dispersing up to approximately 1.3-miles from seasonally flooded wetlands (Searcy and Shaffer 2011).

The MND states that “The National Hydrography Dataset (NHD) and National Wetlands Inventory (NWI) datasets show one historical water feature that intersects the Biological Study Area (BSA) west of Road 26 along the pipeline route”, also “The NHD identified the feature as a canal ditch, and NWI identified the feature as a riverine feature.” Additionally, based on aerial imagery, it appears that periodic inundation occurs within the canal ditch and required CTS habitat of upland refugia is present adjacent to the canal ditch and potentially suitable seasonally flooded wetlands or pools are located within 1.3-miles from the Project site. The MND describes Project construction activities where the canal crossing will be completed via trenchless bore and jack construction within potential CTS habitat. Also, the MND describes small mammal burrows that were Docusign Envelope ID: 3F47B959-336D-4699-954D-5F0F3B42CB15 C4
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Will Tackett, Director of Community Development
City of Madera
October 8, 2025

found within the Project site that could be utilized by CTS. As suitable habitat appears to be present within and adjacent to the Project site, and CTS have been documented within the Project vicinity, CDFW recommends the following:

Recommended Mitigation Measure 3: CTS Protocol Surveys
CDFW recommends that a qualified biologist conduct protocol-level surveys in accordance with the United States Fish and Wildlife Service (USFWS) “Interim Guidance on Site Assessment and Field Surveys for Determining Presence or a Negative Finding of the California Tiger Salamander” (USFWS 2003) at the appropriate time of year to determine the existence and extent of CTS breeding and refugia habitat. The protocol-level surveys for CTS require more than one survey season and are dependent upon sufficient rainfall to complete. As a result, consultation with CDFW and USFWS is recommended well in advance of beginning the surveys and prior to any planned vegetation- or ground-disturbing activities.

CDFW advises that the protocol-level survey include a 100-foot buffer around the Project site in all areas of wetland and upland habitat that could support CTS.

Please be advised that protocol-level survey results are viable for two years after the results are reviewed by CDFW.

Recommended Mitigation Measure 4: CTS Avoidance Buffer
If CTS protocol-level surveys are not conducted, CDFW advises that a minimum 50-foot no-disturbance buffer be delineated around all small mammal burrows in suitable upland refugia habitat within and/or adjacent to the Project site. Further, CDFW recommends potential or known breeding habitat within and/or adjacent to the Project site be delineated with a minimum 250-foot no-disturbance buffer. Both upland burrow and wetland breeding no-disturbance buffers are intended to minimize impacts to CTS habitat and avoid take of individuals. Alternatively, the applicant can assume presence of CTS within the Project site and obtain an ITP in accordance with Fish and Game Code section 2081(b).

Recommended Mitigation Measure 5: CTS Take Authorization If through surveys it is determined that CTS are occupying or have the potential to occupy the Project site, consultation with CDFW is warranted to determine if the Project can avoid take. If take cannot be avoided, take authorization through the acquisition of an ITP, pursuant to Fish and Game Code section 2081 subdivision (b) is necessary to comply with CESA. As stated above, in the absence of protocol surveys, the applicant can assume presence of CTS within the Project site and obtain an ITP from CDFW.

Western Burrowing Owl
The Project site is within the known geographic range of western burrowing owl (BUOW) and there are historical occurrences documented within a ½ mile of the Project site (CDFW 2025). The MND states that BUOW have no potential to occur on the Docusign Envelope ID: 3F47B959-336D-4699-954D-5F0F3B42CB15 C5
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Will Tackett, Director of Community Development
City of Madera
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Project site due to no suitable habitat as the site is highly disturbed, and no mitigation measures were proposed to mitigate for potential Project-related impacts. CDFW does not concur; in addition to natural habitats, BUOW are known to utilize agricultural areas and have been documented breeding and foraging along canal banks and roadways within agricultural settings. Aerial imagery shows potential habitat at the future water tank location and in various sections along Ellis Street. Additionally, the MND describes small mammal burrows that were found within the Project site that could be utilized by BUOW. As suitable habitat appears to be present within the Project site, and BUOW have been documented within the Project vicinity, CDFW recommends that a qualified biologist conduct surveys following the 2012 Staff Report on Burrowing Owl Mitigation (CDFG 2012), and that these surveys be conducted the survey season immediately prior to construction. CDFW also recommends the following:

Recommended Mitigation Measure 6: BUOW Avoidance Buffer Should a BUOW or known BUOW den (active or inactive) be detected, either during pre-construction surveys or construction activities, CDFW recommends that no-disturbance buffers, as outlined in the 2012 Staff Report on Burrowing Owl Mitigation (CDFG 2012), be implemented prior to and during any ground-disturbing activities. CDFW also recommends that these buffers be implemented for both wintering and breeding BUOW.

Recommended Mitigation Measure 7: BUOW Take Authorization If a BUOW or known BUOW den (active or inactive) is detected, and the nodisturbance buffers outlined in the 2012 Staff Report on Burrowing Mitigation are not feasible, consultation with CDFW is warranted to discuss how to implement the Project and avoid take. If take cannot be avoided, take authorization through the acquisition of an ITP, pursuant to Fish and Game Code section 2081 subdivision (b) is necessary to comply with CESA.

Crotch’s Bumble Bee
The Project site is within the geographic range of Crotch’s bumble bee (CBB), and a historical occurrence was documented within 1.5-miles from the Project site (CDFW 2025). CBB are known to inhabit a variety of habitats, including grasslands, scrublands, areas with bare ground including vacant lots, dirt roads, and levees (Xerces Society et al. 2018). Based on aerial imagery, potential CBB habitat appears to be present within the Project site and the MND describes small mammal burrows that were found within the Project site that could be utilized by CBB. The MND does not include an evaluation for CBB and no mitigation measures were proposed for potential Project-related impacts to the species. As there is potential CBB habitat within the Project site and CBB have been documented within the Project vicinity, CDFW recommends a qualified biologist conduct a habitat assessment to determine if the Project site and the surrounding vicinity contain habitat suitable to support CBB. Potential nesting sites, which include all small mammal burrows, perennial bunch grasses, thatched annual grasses, brush piles, Docusign Envelope ID: 3F47B959-336D-4699-954D-5F0F3B42CB15 C6
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Will Tackett, Director of Community Development
City of Madera
October 8, 2025

and old bird nests would need to be documented as part of the assessment. If it is determined that suitable CBB habitat is present, CDFW recommends the following mitigation measures:

Recommended Mitigation Measure 8: CBB Focused Surveys
If potentially suitable habitat is identified, CDFW recommends that a qualified biologist conduct focused surveys for CBB, and their requisite habitat features following the methodology outlined in the Survey Considerations for California Endangered Species Act Candidate Bumble Bee Species (CDFW 2023) to detect bees and potential nesting sites.

Recommended Mitigation Measure 9: CBB Avoidance Buffer
If CBB is detected, CDFW recommends that all small mammal burrows and thatched/bunch grasses be avoided by a minimum of 50 feet to avoid take and potentially significant impacts. If ground-disturbing activities will occur during the overwintering period (October through February), consultation with CDFW is warranted to discuss how to implement Project activities and avoid take. Any detection of CBB prior to or during Project implementation warrants consultation with CDFW to discuss how to avoid take.

Recommended Mitigation Measure 10: CBB Take Authorization If take cannot be avoided, take authorization through the acquisition of an ITP, pursuant to Fish and Game Code section 2081 subdivision (b) is necessary to comply with CESA.

American Badger
The Project site is within the known geographic range of American badger (AMBA) and a historical occurrence was documented approximately 8 miles from the Project site (CDFW 2025). The MND states that AMBA have no potential to occur on the Project site due to no suitable habitat being identified during surveys; thus no mitigation measures were proposed to mitigate for potential Project-related impacts. CDFW does not concur with this determination as AMBA occupy sparsely vegetated land cover with dry, friable soils to excavate dens, which they use for cover, and that support fossorial rodent prey populations (i.e., ground squirrels, pocket gophers, etc.) (Zeiner et. Al 1990). Based on aerial imagery the Project site contains suitable habitat for AMBA denning and foraging. In addition, the MND describes small mammal burrows that were found within the Project site that could be utilized by AMBA. As suitable habitat appears to be present within the Project site, and AMBA have been documented within the Project vicinity, CDFW recommends the following mitigation measures:

Recommended Mitigation Measure 11: AMBA Focused Surveys CDFW recommends that a qualified biologist conduct focused surveys for AMBA, as well as their requisite habitat features, to evaluate potential impacts resulting from ground disturbance.

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Will Tackett, Director of Community Development
City of Madera
October 8, 2025

Recommended Mitigation Measure 12: AMBA Avoidance Buffer Avoidance whenever possible is encouraged via delineation and a 50-foot no disturbance buffer around burrows. CDFW also advises that any individuals observed be allowed to leave the Project site of their own volition.

Western Spadefoot
The Project site is within the geographic range of western spadefoot (WESP) and there are several historical occurrences documented within 1 mile from the Project site (CDFW 2025). The MND states that WESP have no potential to occur on the Project site due to no suitable habitat being identified during surveys; thus no mitigation measures were proposed to mitigate for potential Project-related impacts. CDFW does not concur as WESP occurs primarily in grasslands and seasonal wetlands with appropriate upland habitat and have also been found in agricultural settings. The MND states that “The National Hydrography Dataset (NHD) and National Wetlands Inventory (NWI) datasets show one historical water feature that intersects the Biological Study Area (BSA) west of Road 26 along the pipeline route”, also “The NHD identified the feature as a canal ditch, and NWI identified the feature as a riverine feature.” Additionally, based on aerial imagery, it appears that periodical inundation occurs within the canal ditch and required WESP upland habitat is present adjacent to the canal ditch.

The MND describes Project construction activities where the canal crossing will be completed via trenchless bore and jack construction within WESP habitat. As suitable habitat appears to be present within and adjacent to the Project site and WESP have been documented within the Project vicinity, CDFW recommends the following mitigation measures:

Recommended Mitigation Measure 13: WESP Focused Surveys Prior to initiation of the Project, CDFW recommends that a qualified biologist conduct focused surveys for WESP and their requisite habitat.

Recommended Mitigation Measure 14: WESP Avoidance Buffer If burrows, cracks, loose soil areas or other refugia are found to be used by WESP during focused surveys, avoidance is encouraged via delineation and observance of a 50-foot no-disturbance buffer around these resources. If WESP are observed on the Project site, Project activities in their immediate vicinity cease, allowing individuals to leave the Project site on their own accord.

Please note that the California Fish and Game Commission has received a petition to list Western spadefoot pursuant to CESA. If Western spadefoot becomes a Candidate species, it would receive the same legal protection afforded to an endangered or threatened species (Fish & G. Code, §§ 2074.2 & 2085). In the event Western spadefoot becomes a Candidate prior to project construction or completion of construction, consultation with CDFW is warranted to discuss how to implement the Project and avoid take. If take cannot be avoided, take authorization through the Docusign Envelope ID: 3F47B959-336D-4699-954D-5F0F3B42CB15 C8
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Will Tackett, Director of Community Development
City of Madera
October 8, 2025

acquisition of an ITP, pursuant to Fish and Game Code section 2081 subdivision (b), would be necessary to comply with CESA.

Vernal Pool Fairy Shrimp
The Project site is within the geographic range of vernal pool fairy shrimp (VPFS) and there are several historical occurrences documented within 1.5-miles from the Project site (CDFW 2025). The MND states that VPFS have no potential to occur on the Project site due to no suitable habitat, including vernal pools, were identified during the survey that could support the species, and no mitigation measures were proposed to mitigate for potential Project-related impacts. CDFW does not concur as VPFS are known to breed and develop in aquatic habitats and inundated road-ruts in both grassland and agricultural habitats. Also, the MND states that “The National Hydrography Dataset (NHD) and National Wetlands Inventory (NWI) datasets show one historical water feature that intersects the Biological Study Area (BSA) west of Road 26 along the pipeline route”, and “The NHD identified the feature as a canal ditch…” Aerial imagery shows the canal ditch to be intermittently inundated with water providing potential habitat for VPFS. The MND describes Project construction activities where the canal crossing will be completed via trenchless bore and jack construction within potential VPFS habitat. Additionally, potentially suitable seasonally inundated depressions, wetlands, or pools are located within 1.5-miles from the Project site providing potential habitat for VPFS. As potential suitable habitat appears to be present within and adjacent to the Project site and VPFS have been documented within the Project vicinity, CDFW recommends the following:

Recommended Mitigation Measure 15: VPFS Surveys and Consultation with CDFW
CDFW recommends that a qualified biologist conduct protocol level surveys in accordance with the USFWS “Survey Guidelines for the Listed Large Branchiopods” (USFWS 2017) the survey season prior to construction. These surveys would need to be conducted at the appropriate time of year to determine the existence and extent of branchiopods. Surveys are dependent upon sufficient rainfall to complete, therefore if a single wet season is determined to be unreliable, then the next wet season with sufficient rainfall may be needed to complete survey requirements. If through surveys it is determined that branchiopods are occupying or have the potential to occupy the Project site, coordination with CDFW is recommended well in advance of any planned vegetation- or ground-disturbing activities to determine appropriate avoidance and minimization measures including adequate implementation of no-disturbance buffers.

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Will Tackett, Director of Community Development
City of Madera
October 8, 2025

Special-Status Plants
CDFW recommends that the Project site be surveyed for special-status plants by a qualified botanist following the Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities (CDFW 2018). This protocol, which is intended to maximize detectability, includes identification of reference populations to facilitate the likelihood of field investigations occurring during the appropriate floristic period. Please note that adverse conditions from yearly weather patterns may prevent botanical field surveyors from determining the presence of, or accurately identifying, some special status plants in the surveyed area. Disease, drought, predation, fire, herbivory, or other disturbance may also preclude presence or identification of special status plants in any given year. Visiting the survey site in more than one year increases the likelihood of detection. If special-status plants are identified during surveys, consultation with CDFW is recommended for guidance on mitigation measures such as avoidance, minimization, and mitigation. If State endangered, threatened, or rare plants are identified during special status plant surveys and take cannot be avoided, then to ensure compliance with CESA and the Native Plant Protection Act (NPPA), consultation with CDFW for acquisition of an ITP, pursuant to Fish and Game Code section 2081 subdivision (b) and/or California Code of Regulations, Title 14, section 786.9, subdivision (b), is necessary to comply with CESA and the NPPA.

Editorial Comments and/or Suggestions
Nesting Birds: To protect nesting birds, CDFW recommends that Project grounddisturbing and vegetation-disturbing activities occur during the bird non-nesting season; however, if ground-disturbing or vegetation-disturbing activities must occur during the nesting season (February 1 through September 15), the Project applicant is responsible for ensuring that implementation of the Project does not result in violation of the Migratory Bird Treaty Act or relevant Fish and Game Code sections as referenced above.

If the nesting season cannot be avoided, CDFW recommends that a qualified biologist conduct a pre-construction survey for active nests no more than 10 days prior to the start of ground or vegetation disturbance to maximize the probability that nests that could potentially be impacted are detected. CDFW also recommends that surveys cover a sufficient area around the Project site to identify nests and determine their status. A sufficient area means any area potentially affected, either directly or indirectly, by the Project. In addition to direct impacts (i.e., nest destruction), noise, vibration, and movement of workers or equipment could also affect nests. CDFW recommends that a qualified biologist establish a behavioral baseline of all identified nests. Once Project activities begin, CDFW recommends having a qualified biologist continuously monitor nests to detect behavioral changes resulting from the Project. If behavioral changes Docusign Envelope ID: 3F47B959-336D-4699-954D-5F0F3B42CB15 C11 C12
Will Tackett, Director of Community Development
City of Madera
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occur, CDFW recommends halting the work causing that change and consulting with CDFW for additional avoidance and minimization measures.

If continuous monitoring of identified nests by a qualified biologist is not feasible, CDFW recommends a minimum no-disturbance buffer of 250 feet around active nests of nonlisted bird species and a 500-foot no-disturbance buffer around active nests of nonlisted raptors. These buffers are advised to remain in place until the breeding season has ended or until a qualified biologist has determined the birds have fledged and are no longer reliant upon the nest or on-site parental care for survival. Variance from these no-disturbance buffers is possible when there is a compelling biological or ecological reason to do so, such as when the Project site would be concealed from a nest site by topography. CDFW recommends that a qualified biologist advise and support any variance from these buffers and notify CDFW in advance of implementing a variance.

Lake and Streambed Alteration: The MND states the possibility the Project could disturb the bed or bank of the canal west of Road 26 and permits might be required.

CDFW concurs as Project activities that will substantially change or use any material from the bed, bank, and channel of any river, stream, or lake are subject to CDFW’s regulatory authority pursuant Fish and Game Code section 1600 et seq. Fish and Game Code section 1602 requires an entity to notify CDFW prior to commencing any activity that may (a) substantially divert or obstruct the natural flow of any river, stream, or lake; (b) substantially change or use any material from the bed, bank, or channel of any river, stream, or lake (including the removal of riparian vegetation); (c) deposit or dispose of debris, waste or other materials that could pass into any river, stream, or lake. “Any river, stream, or lake” includes those that are ephemeral or intermittent as well as those that are perennial and may include those that are highly modified such as canals and retention basins.

CDFW is required to comply with CEQA prior to issuance of a Lake or Streambed Alteration Agreement; therefore, if the CEQA document approved for the Project does not adequately describe the Project and its impacts to lakes or streams, a subsequent CEQA analysis may be necessary for Lake or Streambed Alteration Agreement issuance. For information on notification requirements, please refer to CDFW’s website (https://wildlife.ca.gov/Conservation/LSA) or contact CDFW staff in the Central Region Lake and Streambed Alteration Program at (559) 243-4593.

CNDDB Positive Submission of Data: Please note that the California Natural Diversity Database (CNDDB) is populated by and records voluntary submissions of species detections. As a result, species may be present in locations not depicted in the CNDDB but where there is suitable habitat and features capable of supporting species. A lack of an occurrence record in the CNDDB does not mean a species is not present. In order to adequately assess any potential Project-related impacts to biological resources, surveys conducted by a qualified wildlife biologist/botanist during the appropriate survey period(s) and using the appropriate protocol survey methodology are warranted to Docusign Envelope ID: 3F47B959-336D-4699-954D-5F0F3B42CB15 C12
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Will Tackett, Director of Community Development
City of Madera
October 8, 2025

determine whether or not any special-status species are present at or near the Project site.

ENVIRONMENTAL DATA
CEQA requires that information developed in environmental impact reports and negative declarations be incorporated into a database which may be used to make subsequent or supplemental environmental determinations. (Pub. Resources Code, § 21003, subd. (e)). Accordingly, please report any special-status species and natural communities detected during Project surveys to CNDDB. The CNDDB field survey form can be filled out and submitted online at the following link:
https://wildlife.ca.gov/Data/CNDDB/Submitting-Data. The completed form can be mailed electronically to the CNDDB at the following email address: [email protected].

The types of information reported to CNDDB can be found at the following link:
https://www.wildlife.ca.gov/Data/CNDDB/Plants-and-Animals.

FILING FEES
The Project, as proposed, could have an impact on fish and/or wildlife, and assessment of environmental document filing fees is necessary. Fees are payable upon filing of the Notice of Determination by the Lead Agency and serve to help defray the cost of environmental review by CDFW. Payment of the environmental document filing fee is required in order for the underlying project approval to be operative, vested, and final. (Cal. Code Regs, tit. 14, § 753.5; Fish & G. Code, § 711.4; Pub. Resources Code, § 21089).

CONCLUSION
CDFW appreciates the opportunity to comment on the MND to assist the City in identifying and mitigating Project impacts on biological resources. A Mitigation and Monitoring Program (MMRP) (Attachment 1) is included to assist the City with incorporating the recommended mitigation measures provided above. Questions regarding this letter or further coordination should be directed to John Riedel, Environmental Scientist, at (559) 807-1453 or [email protected].

Sincerely,
Julie A. Vance
Regional Manager
Attachment (MMRP)
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Will Tackett, Director of Community Development
City of Madera
October 8, 2025

ec: State Clearinghouse
Land Use and Climate Innovation
[email protected]
John Riedel
California Department of Fish and Wildlife
Docusign Envelope ID: 3F47B959-336D-4699-954D-5F0F3B42CB15 Will Tackett, Director of Community Development
City of Madera
October 8, 2025

References
California Department of Fish and Game. 2012. Staff report on burrowing owl mitigation.

Sacramento, California, USA.

California Department of Fish and Wildlife. 2018. Protocols for surveying and evaluating impacts to special status native plant populations and sensitive natural communities. California Department of Fish and Wildlife. Sacramento, California.

California Department of Fish and Wildlife. 2023. Survey considerations for California Endangered Species Act candidate bumble bee species. California Department of Fish and Wildlife, Sacramento, California, USA.

California Department of Fish and Wildlife. 2025. Biogeographic information and observation system (BIOS). https://www.wildlife.ca.gov/Data/BIOS. Accessed 25 September 2025.

Searcy, C. and B. Shaffer. 2011. Determining the migration distance of a vagile vernal pool specialist: How much land is required for conservation of California tiger salamanders? California State University, Chico, California, USA.

U. S. Fish and Wildlife Service. 2003. Interim guidance on site assessment and field surveys for determining presence or a negative finding of the California tiger salamander. Sacramento, California, USA.

U. S. Fish & Wildlife Service. 2017. Survey guidelines for the listed large branchiopods.

Pacific Southwest Region, Sacramento, California, USA. Revised November 2017.

Xerces Society for Invertebrate Conservation, Defenders of Wildlife, and Center for Food Safety. 2018. A petition to the state of California fish and game commission to list the Crotch’s bumble bee (Bombus crotchii), Franklin’s bumble bee (Bombus Fusf), Suckley cuckoo bumble bee (Bombus suckleyi), and western bumble bee (Bombus occidentalis occidentalis) as Endangered under the California Endangered Species Act. October 2018.

Zeiner, D., W. Laudenslayer, Jr., K. Mayer, and M. White. 1990. California’s Wildlife.

Volumes I-III in California Department of Fish and Game, editor. California Department of Fish and Wildlife, Sacramento, California, USA.

Docusign Envelope ID: 3F47B959-336D-4699-954D-5F0F3B42CB15 Attachment 1

CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE

RECOMMENDED MITIGATION MONITORING AND REPORTING PROGRAM (MMRP)
PROJECT: Northeast Water Storage Tank, Booster Pump Station, and Transmission Main Project
SCH No.: 2025090413

RECOMMENDED MITIGATION MEASURE STATUS/DATE/INITIALS
Before Disturbing Soil or Vegetation
Swainson’s Hawk (SWHA)
Recommended Mitigation Measure 2:

SWHA take authorization
California Tiger Salamander (CTS)
Recommended Mitigation Measure 3:

CTS protocol surveys
Recommended Mitigation Measure 5:

CTS take authorization
Western Burrowing Owl (BUOW)
Recommended Mitigation Measure 7:

BUOW take authorization
Crotch’s Bumble Bee (CBB)
Recommended Mitigation Measure 8:

CBB focused surveys
Recommended Mitigation Measure 10:

CBB take authorization
American Badger (AMBA)
Recommended Mitigation Measure 11:

AMBA focused surveys
Western Spadefoot (WESP)
Recommended Mitigation Measure 13:

WESP focused surveys
Vernal Pool Fairy Shrimp (VPFS)
Recommended Mitigation Measure 15:

VPFS surveys and consultation
During Construction
Docusign Envelope ID: 3F47B959-336D-4699-954D-5F0F3B42CB15 Swainson’s Hawk (SWHA)
Recommended Mitigation Measure 1:

SWHA avoidance buffer
California Tiger Salamander (CTS)
Recommended Mitigation Measure 4:

CTS avoidance buffer
Western Burrowing Owl (BUOW)
Recommended Mitigation Measure 6:

BUOW avoidance buffer
Crotch’s Bumble Bee (CBB)
Recommended Mitigation Measure 9:

CBB avoidance buffer
American Badger (AMBA)
Recommended Mitigation Measure 12:

AMBA avoidance buffer
Western Spadefoot (WESP)
Recommended Mitigation Measure 14:

WESP avoidance buffer
Docusign Envelope ID: 3F47B959-336D-4699-954D-5F0F3B42CB15 Minutes of a Regular Meeting of the Madera City Council Wednesday, December 3, 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 Anita Evans, District 4
Councilmember Elsa Mejia, District 5
Councilmember Artemio Villegas, District 6
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 Larry Pendarvis, Director of Human Resources Wendy Silva, Director of Information Technology Gary Price, Director of Parks and Community Services Joseph Hebert, Planning Manager David Brletic, Police Commander Josiah Arnold, and Assistant Engineer Raquel Rios Cardenas.

INVOCATION: Daniel Martinez, Fourth Street Church
PLEDGE OF ALLEGIANCE: Councilmember Zacharia
APPROVAL OF AGENDA:

ON MOTION BY MAYOR PRO TEM RODRIGUEZ AND SECONDED BY COUNCILMEMBER EVANS, THE AGENDA TO INCLUDE CONTINUING ITEM A-3 TO THE DECEMBER 17TH COUNCIL MEETING AND MOVING ITEM E-1 TO THE TOP OF THE AGENDA WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE.

PRESENTATIONS:

1. Proclamation Recognizing Councilmember Mejia as the 2025 Recipient of the Mexicanos Distinguidos Award
Mayor Gallegos called a short recess and invited the public to join them in the lobby for refreshments in celebration of Councilmember Mejia.

Item: B-1
Minutes for: 12/03/2025
Adopted: 12/17/2025

RETURN TO AGENDA
City of Madera City Council Minutes
205 W. 4th Street December 3, 2025
Madera, CA 93637 Page 2 of 5
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. 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.

Harlon Rippetoe asked for Council’s support in getting eight (8) additional horseshoe courts at Rotary Park. Madera would qualify to hold statewide tournaments with those additional courts.

Alex Galindo, a member of the big Valley Horseshoe Club asked Council for their support in adding more horseshoe courts at Rotary Park.

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

A. PUBLIC HEARINGS:

A-1 Annexation of the Colett-Martin Subdivision into Landscape Maintenance District Zone of Benefit 51 for Fiscal Year 2026/27
Recommendation: Adopt Resolution Approving Annexation No. 2025-10 for Annexation of the Colett-Martin Subdivision (Tract No. 24-S-02) into Zone of Benefit 51, Confirming the Diagram and Assessment for Landscape Maintenance District (LMD) Zone of Benefit 51 for Fiscal Year (FY) 2026/27; and Authorizing the City Clerk to File the Diagram and Assessment with the Madera County Auditor (Report by Keith Helmuth)

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY MAYOR PRO TEM RODRIGUEZ, ITEM A-1 WAS APPROVED BY A 6/0 VOTE. ABSENT: COUNCILMEMBER MEJIA.

RES 25-250 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA, APPROVING ANNEXATION NO. 2025-10 FOR ANNEXATION OF COLETT-MARTIN SUBDIVISION (TRACT NO. 24-S-02) INTO ZONE OF BENEFIT 51; CONFIRMING THE DIAGRAM AND ASSESSMENT FOR CITY OF MADERA LANDSCAPE MAINTENANCE DISTRICT ZONE OF BENEFIT 51 FOR FISCAL YEAR (FY) 2026/27; AND AUTHORIZING THE CITY CLERK TO FILE

THE DIAGRAM AND ASSESSMENT WITH THE MADERA COUNTY AUDITOR A-2 Ordinance Amending City Councilmember Salaries
Recommendation: Waive further Reading and Introduce an Ordinance of the City Council of the City of Madera Adjusting the Compensation for the City Council by Amending Madera Municipal Code Section 2.1.05 by Title Only (Report by Alicia Gonzales)
Council was advised that a typo had been fixed. Previously, the ordinance indicated the effective date was January 1, 2026. The correct date is January 1, 2027.

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER EVANS, ITEM A-2 WAS APPROVED BY A 6/0 VOTE. ABSENT: COUNCILMEMBER MEJIA.

INTRO ORD AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA

ADJUSTING THE COMPENSATION FOR THE CITY COUNCIL BY AMENDING MADERA MUNICIPAL CODE SECTION 2.1.05
City of Madera City Council Minutes
205 W. 4th Street December 3, 2025
Madera, CA 93637 Page 3 of 5
A-3 Consideration of the Mitigated Negative Declaration prepared for Environmental Assessment (EA) No. SCH 2025090413 for the Northeast Water Storage Tank, Booster Pump Station and Transmission Main Project, City Project W-T-001
Recommendation: Adopt a Resolution Adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program prepared for the Northeast Water Storage Tank, Booster Pump Station and Transmission Main Project, City Project W-T-0001 (EA No. SCH 2025090413) (Report by Will Tackett)
This item was continued to the December 17th City Council meeting during the Agenda approval section of this meeting.

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 COUNCILMEMBER EVANS, THE CONSENT CALENDAR WAS APPROVED BY A 6/0 VOTE. ABSENT: COUNCILMEMBER MEJIA.

B-1 Minutes – November 5, 2025, November 19, 2025
Recommendation: Approve the City Council Minutes of November 5, 2025 and November 19, 2025 (Report by Alicia Gonzales)
B-2 Informational Report on Register of Audited Demands Recommendation: Review Register of Audited Demands Report for November 8 to November 21, 2025 (Report by Michael Lima)
B-3 One-Year Extension to Agreements for Professional On-Call Engineering Services Recommendation: Adopt a Resolution Approving a One-year Extension of the On-Call Consultant Services Agreements (Agreement) with AECOM Technical Services Inc, and Westwood Professional Services Inc, (formerly O’Dell Engineering) with a not-to-exceed amount of $400,000 per Agreement (Report by Keith Helmuth)
RES 25-251 A RESOLUTION APPROVING AN AMENDMENT TO CONSULTANT SERVICE

AGREEMENTS WITH AECOM TECHNICAL SERVICES INC, AND WESTWOOD PROFESSIONAL SERVICES INC, IN THE AMOUNT OF $400,000 FOR EACH

AGREEMENT AND EXTENDING THE TERM FOR ONE YEAR FOR

PROFESSIONAL ON-CALL ENGINEERING SERVICES
B-4 Reappropriation of Previously Encumbered American Rescue Plan Act Funds to Fiscal Year 2025/26
Recommendation: Adopt a Resolution to Reappropriate Previously Encumbered American Rescue Plan Act (ARPA) funds to Fiscal Year (FY) 2025/26 (Report by Keith Helmuth)
RES 25-252 A RESOLUTION TO REAPPROPRIATE PREVIOUSLY ENCUMBERED

AMERICAN RESCUE PLAN ACT (ARPA) FUNDS TO FISCAL YEAR (FY) 2025/26
City of Madera City Council Minutes
205 W. 4th Street December 3, 2025
Madera, CA 93637 Page 4 of 5
B-5 Master Agreement between the Madera County Transportation Commission (MCTC) and the City for Fiscal Year (FY) 2024/2025 Allocation of the Regional Surface Transportation Program (RSTP) Exchange Funding
Recommendation: Adopt a Resolution Approving the Master Agreement between the MCTC and the City for the FY 2024/2025 Allocation of RSTP Exchange Funding (Report by Keith Helmuth)
City Attorney Shannon L. Chaffin recused himself from this item as he also represents MCTC.

RES 25-253 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA APPROVING

THE MASTER AGREEMENT BETWEEN THE MADERA COUNTY

TRANSPORTATION COMMISSION (MCTC) AND THE CITY OF MADERA FOR THE FISCAL YEAR 2024/2025 ALLOCATION OF REGIONAL SURFACE

TRANSPORTATION PROGRAM (RSTP) EXCHANGE FUNDING
B-6 Annual Local Appointment List on City Boards, Commissions, and Committees Recommendation: Approve a Minute Order Authorizing the City Clerk to File the 2026 Annual Local Appointments List (Report by Alicia Gonzales) Councilmember Mejia rejoined the meeting at 7:04 p.m.

C. WORKSHOP: None
D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS:

D-1 Piggyback Purchase Agreement for a Replacement Audio/Visual (A/V) System for the City Hall Council Chambers
Recommendation: Adopt a Resolution to enter into a California Multiple Awards Schedule (CMAS) Piggyback Government Contract Agreement with EKC Enterprises for the Purchase of a New Audio/Visual (A/V) System for $56,616.32, and Adopt a Budget Amendment in the same amount (Report by Gary Price)

ON MOTION BY MAYOR PRO TEM RODRIGUEZ AND SECONDED BY COUNCILMEMBER VILLEGAS, ITEM D-1 WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE.

RES 25-254 ADOPT A RESOLUTION TO ENTER INTO A CALIFORNIA MULTIPLE AWARDS

SCHEDULE (CMAS) PIGGYBACK GOVERNMENT CONTRACT AGREEMENT

WITH EKC ENTERPRISES FOR THE PURCHASE OF A NEW AUDIO/VISUAL (A/V) SYSTEM FOR $56,616.32, AND ADOPT A BUDGET AMENDMENT IN

THE SAME AMOUNT
E. ADMINISTRATIVE REPORTS:

E-1 Consideration of Selection of Mayor Pro Tem to Serve a One-year Term Recommendation: Approve a Minute Order Accepting the Nomination for Mayor Pro-Tem and Making the Appointment of Mayor Pro Tem to Serve a One-year Term (Report by Alicia Gonzales)

ON MOTION BY MAYOR PRO TEM RODRIGUEZ AND SECONDED BY COUNCILMEMBER MONTES, ITEM E-1 TO APPOINT COUNCILMEMBER ZACHARIA AS MAYOR PRO TEM TO SERVE A ONEYEAR TERM WAS APPROVED BY A 6/0 VOTE. ABSENT: COUNCILMEMBER MEJIA.

City of Madera City Council Minutes
205 W. 4th Street December 3, 2025
Madera, CA 93637 Page 5 of 5
E-2 Seek Direction Regarding the Regular City Council Meetings Scheduled for 2026 Recommendation: Deliberation and Direction Given from Council (Report by Alicia Gonzales)

ON MOTION BY COUNCILMEMBER EVANS AND SECONDED BY COUNCILMEMBER MEJIA, ITEM E-2 WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE.

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.

Councilmember Montes had nothing to report.

Mayor Pro Tem Zacharia congratulated Councilmember Mejia on her recognition.

Councilmember Evans congratulated Councilmember Mejia on her recognition. She mentioned that the Christmas Extravaganza will be held on December 21st and toy donations were encouraged even if someone was unable to attend.

Councilmember Mejia thanked everyone for their congratulations. She thanked the Police Department for the Mad Grinch event that will be occurring on Friday at 6:00 p.m. as part of the Tree Lighting Ceremony as she is looking forward to it.

Councilmember Rodriguez congratulated Councilmember Mejia on her recognition. He mentioned that this Sunday, they are holding a Santa’s Bag golfing tournament. The proceeds will go to the Holy Family Table. The team fee is $40.00 and the event starts at 9:00 a.m. They will also be accepting gift or coat donations at that event.

Councilmember Villegas congratulated Councilmember Mejia on her recognition. He participated in the Thanksgiving turkey giveaway on November 25th.

Mayor Gallegos congratulated Councilmember Mejia on her recognition. Mayor Gallegos mentioned that the Madera Evening Lions organized the Christmas Parade that will be held on Friday at 7:00 p.m. City Staff and Council will be handing out glow necklaces to the community at that event. Trees for Charity will be holding a community event on Saturday night. Mayor Gallegos invited everyone to attend the events.

G. CLOSED SESSION: None
FUTURE MEETING DATES:
 Wednesday, December 17, 2025
ADJOURNMENT: Meeting was adjourned at 7:19 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: December 17, 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 November 22 to December 5, 2025 SUMMARY:

The Register of Audited Demands for the City covering obligations paid during the period of November 22 to December 5, 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 44161 – 44201 $2,766,670.66
Table 2: Wire Transfer Summary
Description Vendor Amount
Payroll and Taxes US Bank $703,849.42
SDI EDD $3,317.00
CalPERS Payment CalPERS $159,768.22
DISCUSSION:

Warrant requests are processed weekly based on the Fiscal Year 2025/2026 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

RETURN TO AGENDA
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 2025/2026 Adopted Budget.

ALTERNATIVES:

Informational only.

ATTACHMENTS:

Register of Audited Demands

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 44161 11/26/2025 WWTP WWTP TERRAFORM POWER, LLC. SOLAR ELECTRIC UTILITIES 10/25 28,389.40 44162 11/26/2025 ENGINEERING Water Capital Outlay CAROLLO ENGINEERS, INC PROFESSIONAL ENGINEERING SVS 196,828.40 44163 11/26/2025 PD OPERATIONS PD Operations TIM J LAW EMPLOYMENT BACKGROUND 4,000.00 44164 11/26/2025 GRANTS TRANS - FIXED MV TRANSPORTATION, INC. TRANSIT OPERATOR 10/25 122,514.77 44164 11/26/2025 GRANTS TRANS - DAR MV TRANSPORTATION, INC. TRANSIT OPERATOR 10/25 94,641.23 44165 11/26/2025 FINANCE AIRPORT OPS LINDE GAS & EQUIPMENT INC CYLINDER DEMURRAGE 111.74 44165 11/26/2025 FINANCE DRAINAGE LINDE GAS & EQUIPMENT INC CYLINDER DEMURRAGE 335.22 44165 11/26/2025 FINANCE Fleet Maintenance LINDE GAS & EQUIPMENT INC CYLINDER DEMURRAGE 167.61 44165 11/26/2025 FINANCE Sewer Mtnc/Operations LINDE GAS & EQUIPMENT INC CYLINDER DEMURRAGE 167.60 44165 11/26/2025 FINANCE Water Mtnc/Operations LINDE GAS & EQUIPMENT INC CYLINDER DEMURRAGE 335.22 44165 11/26/2025 FINANCE WWTP LINDE GAS & EQUIPMENT INC CYLINDER DEMURRAGE 167.61 44166 11/26/2025 CITY ADMIN Community Promo KINGS EVENTS, INC TABLES & CHAIRS - EMPLOYEE EVENT 1,907.00 44167 11/26/2025 ENGINEERING Engineering AMERICAN BUSINESS MACHINES PLOTTER TONER 232.74 44168 11/26/2025 GRANTS Home Program Income MEADOWS MOBILE HOME PARK SPACE RENTAL #19 12/25 930.66 44169 11/26/2025 GRANTS Home Program Income MEADOWS MOBILE HOME PARK SPACE RENTAL #23 12/25 891.23 44170 11/26/2025 GRANTS Home Program Income MEADOWS MOBILE HOME PARK SPACE RENTAL #86 12/25 883.71 44171 11/26/2025 HR/RISK MGT City Manager BLUE SHIELD OF CALIFORNIA CITY PAID RETIREE RX BILL 01/01/25-06/30/26 1,071.60 44172 11/26/2025 CITY ADMIN PD Operations CHIARAMONTE, GIACHINO PER DIEM - CPCA BOARD OF DIRECTORS MEETING236.50 44173 11/26/2025 PARKS ADMINISTRATION Comm & Rec Centers DIAMOND COMMUNICATIONS FIRE ALARM MONITORING - JWYC 314.00 44174 11/26/2025 FINANCE Finance GOVERNMENT FINANCE OFFICERS ASSOC. GFOA MEMBERSHIP RENEWAL 583.34 44174 11/26/2025 FINANCE General Fund GOVERNMENT FINANCE OFFICERS ASSOC. GFOA MEMBERSHIP RENEWAL 416.66 44175 11/26/2025 ENGINEERING LTF - Streets MADERA COUNTY AMTRAK STATION 50/50 MAINTENANCE 11,503.66 44176 11/26/2025 WWTP WWTP SYNAGRO WEST, INC. SLUDGE HAULING & DISPOSAL 14,191.41 44177 11/26/2025 ENGINEERING Water Capital Outlay WEST VALLEY CONSTRUCTION CO. INC. 2024 WATER METER PROJECT NO. W-32 PH.1242,736.39 44178 11/26/2025 PARKS ADMINISTRATION Parks OTP- PARKS REFUNDS DEPOSIT REFUND - LTC FIELD 183.75 44179 11/26/2025 PARKS ADMINISTRATION Parks OTP- PARKS REFUNDS DEPOSIT REFUND - SUNRISE NORTH FIELD 122.50 44180 11/26/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 8288004 314.05 44181 11/26/2025 UB - WATER Water Utility OTP- UB REFUNDS UB OVERPAYMENT - 9907577-506571 350.00 44182 11/26/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 9899540 358.29 44183 11/26/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 9903822 207.22 44184 11/26/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 9923895 460.52 44185 11/26/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 9917858 2628 257.21 44186 11/26/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 6023051 83.97 44187 11/26/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 9895363 186.28 44188 12/03/2025 FINANCE PAYROLL TRUST EMPLOYMENT DEVELOPMENT DEPT EMPLOYMENT TAX PAYROLL DATE 11/21/25 677.94 44189 12/03/2025 HR/RISK MGT HR/RISK MGT ALLIANT INSURANCE SERVICES, INC. CONSULTING SERVICES 3,750.00 44190 12/03/2025 FINANCE Finance HDL COREN & CONE ACFR STATISTICAL PACKAGE 795.00

CITY OF MADERA
REGISTER OF AUDITED DEMANDS FOR BANK #1 - US BANK GENERAL ACCOUNT December 17, 2025

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT

CITY OF MADERA
REGISTER OF AUDITED DEMANDS FOR BANK #1 - US BANK GENERAL ACCOUNT December 17, 2025
44191 12/03/2025 CITY ADMIN City Attorney ALESHIRE & WYNDER LLP CONSULTING SVS CITY ATTORNEY 78,667.39 44192 12/03/2025 ENGINEERING Sewer Capital Outlay GATEWAY PACIFIC CONTRACTORS, INC. WWTP24-01 IMPROVEMENTS PROJECT 11,275.00 44193 12/03/2025 ENGINEERING Sewer Capital Outlay GATEWAY PACIFIC CONTRACTORS, INC. WWTP24-01 IMPROVEMENTS PROJECT 214,225.00 44194 12/03/2025 HR/RISK MGT WWTP MOUNTAIN VALLEY ENVIRON. SERV. CONSULTING SERVICES - WWTP CES, INC. 15,160.00 44195 12/03/2025 HR/RISK MGT HR/RISK MGT CPS HR CONSULTING CONSULTING SERVICES - PROFESSIONAL RECRUITING SRV 6,500.00 44196 12/03/2025 BUILDING Building FIRE SAFETY SOLUTIONS, INC. REVIEW & INSPECTION SVS 11/01/25-11/15/257,080.00 44197 12/03/2025 FINANCE PAYROLL TRUST M.C.E.A. MONTHLY DUES 11/25 270.00 44198 12/03/2025 FINANCE PAYROLL TRUST M P O A MONTHLY DUES 11/25 7,325.44 44199 12/03/2025 WWTP WWTP ROCKWELL ENG. & EQ. CO.,INC. DIGESTER MIXER PARTS 26,808.85 44200 12/03/2025 FINANCE PAYROLL TRUST STATE OF CALIFORNIA FRANCHISE TAX DEDUCTIONS FOR 11/21/25 PAYROLL 1,069.69 44201 12/03/2025 FIRE MEAS K - FIRE TYLER TECHNOLOGIES INC. PREVENTION MOBILE SOFTWARE RENEWAL 14,007.00 857 11/24/2025 ENGINEERING Finance ENGIE SERVICES U.S. INC. ENGIE SERVICES CONTRACT PROJECT NO. CN-0004970.01 857 11/24/2025 ENGINEERING General Capital Projects ENGIE SERVICES U.S. INC. ENGIE SERVICES CONTRACT PROJECT NO. CN-000497 500,984.85 858 11/24/2025 FINANCE General Capital Projects BANC OF AMERICA PUBLIC CAPITAL CORP ENGIE SOLAR PROJECT 1,103,608.25 859 11/24/2025 FINANCE PAYROLL TRUST JOANN COOK SPOUSAL SUPPORT 525.00 860 11/24/2025 FINANCE PAYROLL TRUST NPC-ORCHARD TRUST COMPANY PLAN #340227-01 FOR 11/21/25 15,916.30 860 11/24/2025 FINANCE PAYROLL TRUST NPC-ORCHARD TRUST COMPANY PLAN #340227-02 FOR 11/21/25 2,023.28 861 11/25/2025 FINANCE PAYROLL TRUST MID-MGMT EMPLOYEE GROUP 11/25 MONTHLY DUES 3,630.00 862 11/25/2025 FLEET MAINTENANCE Animal Control VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 11/01/25-11/15/25 357.47 862 11/25/2025 FLEET MAINTENANCE Building VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 11/01/25-11/15/25 59.30 862 11/25/2025 FLEET MAINTENANCE Code Enforcement VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 11/01/25-11/15/25 103.26 862 11/25/2025 FLEET MAINTENANCE DRAINAGE VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 11/01/25-11/15/25 838.84 862 11/25/2025 FLEET MAINTENANCE Engineering VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 11/01/25-11/15/25 185.80 862 11/25/2025 FLEET MAINTENANCE Facilities Maintenance VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 11/01/25-11/15/25 480.33 862 11/25/2025 FLEET MAINTENANCE LMD Services VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 11/01/25-11/15/25 171.07 862 11/25/2025 FLEET MAINTENANCE Parks VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 11/01/25-11/15/25 2,357.02 862 11/25/2025 FLEET MAINTENANCE STREETS VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 11/01/25-11/15/25 2,711.39 862 11/25/2025 FLEET MAINTENANCE Sewer Mtnc/Operations VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 11/01/25-11/15/25 831.19 862 11/25/2025 FLEET MAINTENANCE Street Cleaning VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 11/01/25-11/15/25 1,482.67 862 11/25/2025 FLEET MAINTENANCE TRANS - FIXED VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 11/01/25-11/15/25 3,381.12 862 11/25/2025 FLEET MAINTENANCE TRANS - DAR VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 11/01/25-11/15/25 3,076.32 862 11/25/2025 FLEET MAINTENANCE Water Mtnc/Operations VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 11/01/25-11/15/25 1,041.23 862 11/25/2025 FLEET MAINTENANCE Water Quality Control VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 11/01/25-11/15/25 151.07 862 11/25/2025 FLEET MAINTENANCE PD Operations VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 11/01/25-11/15/25 7,953.53 862 11/25/2025 FLEET MAINTENANCE PW Safe & Clean Initiative VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 11/01/25-11/15/25 45.63 863 11/25/2025 FINANCE PAYROLL TRUST NAVIA BENEFIT SOLUTIONS INC FSA SECTION 125 DISBURSEMENT 11/25/25 1,062.93 BANK #1 - US BANK GENERAL ACCOUNT TOTAL $ 2,766,670.66

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: December 17, 2025
_________________________________ Agenda Number: ___________ Wendy Silva, Director of Human Resources
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Informational Report on Personnel Activity
RECOMMENDATION:

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

SUMMARY:

The purpose of this report is to provide the Council an informational update on employment matters, including new hires, transfers, and terminations. This report represents activity since the prior report submitted on the November 19, 2025, City Council agenda.

DISCUSSION:

The Civil Service Commission (Commission) met on December 10, 2025, and certified eligible lists for the following positions.
▪ Accounting Technician II
▪ Water System Worker I
The following employees began employment with the City since our last report.

Table 1: New Hires and Re-hires
Name Position Department Status* Effective
Date
Enrique Solis Park Aide Parks & Community
Services
PT 11/17/25
Jonathan Bartel Senior Planner Planning FT 11/17/25
Juan Gonzales
Santillan
Program Leader I Parks & Community
Services
PT 11/19/25
B-3

RETURN TO AGENDA
Table 1: New Hires and Re-hires, continued
Name Position Department Status* Effective
Date
Gloria Bobadilla Program Leader I Parks & Community
Services
PT 11/19/25
David Brletic Planning Manager Planning FT 12/1/25
Avens Hunter III Water System Worker I Public Works FT 12/1/25 *Status: FT = Full Time, PT = Part Time, RA = Retired Annuitant The following promotions, transfers, or assignment changes occurred since our last report.

Table 2: Promotions, Transfers, or Assignment Changes
Name Old Position New Position Effective
Date
Aaron Mao Police Officer I Police Officer II 11/22/25
Matthew Diaz Police Officer I Police Officer II 11/22/25 Gaige Bonderer Police Officer Trainee Police Officer I 11/24/25 Marcus Chum Police Officer Trainee Police Officer I 11/24/25 Tyler Collins Police Officer Trainee Police Officer I 11/24/25 Steven Cuevas Police Officer Trainee Police Officer I 11/24/25 Irene Rosales Police Officer Trainee Police Officer I 11/24/25 The following employees separated from employment since our last report.

Table 3: Separations
Name Position Department Status* Effective
Date
Yahaira Barron Accounting Technician II Finance FT 11/7/25 Adrianna Rubio Public Safety Dispatcher Police FT 11/28/25 *Status: FT = Full Time, PT = Part Time, RA = Retired Annuitant FINANCIAL IMPACT:

Funding for positions and employees to fill those positions is contemplated annually by the Council in the budget process. During the course of any given fiscal year, individual employees filling specific positions may change due to a number of various circumstances. All hiring and termination decisions are subject to the approval of the City Manager.

ALTERNATIVES:

This report is for informational purposes only.

ATTACHMENTS:

None

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: December 17, 2025
_________________________________ Agenda Number: ___________ Wendy Silva, Director of Human Resources
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Temporary overfill of Animal Control Officer budgeted positions RECOMMENDATION:

Adopt a resolution approving a temporary overfill for the Animal Control Officer classification due to a long-term absence
SUMMARY:

The adopted Fiscal Year (FY) operating budget includes both appropriated funds and position count authorizations. The FY 2025-26 Adopted Budget includes approval for two (2) full-time Animal Control Officer positions. Due to a long-term absence, staff is seeking approval to temporarily overfill the Animal Control Officer position count by one (1) full-time employee. The requested action will not require any additional funds over those already appropriated for the position in the current FY’s adopted budget and will allow for the overfill to occur until such time that the employee count returns to two (2) full-time employees through attrition.

DISCUSSION:

The City’s adopted FY 2025-26 operating budget includes two (2) full-time Animal Control Officers whose focus is to provide education and enforcement of local, state, and federal animal laws.

Both positions are currently filled with full-time employees; however, one current employee is on a long-term unpaid leave of absence. The duration of such leaves can vary based on the individual’s tenure with the City and bargaining unit. When it initially became known that the current absence would become long-term, the full-time position was back-filled with a part-time employee who was on the established Civil Service Eligibility List for Animal Control Officer. While this back-fill was a temporary solution, the part-time position is limited by Government Code regulations and Affordable Care Act rules relating to maximum hours of work. At this time, staff is requesting authority to overfill the Animal Control Officer position by hiring the current partB-4

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time employee as a full-time employee, removing the limits on scheduled hours. The individual remains eligible for the full-time position on the Civil Service Eligibility List and such action will be in compliance with the City’s Civil Service rules. The overfilling of the position will occur until such time that the employee count returns to two (2) full-time employees through attrition.

However, there is the possibility that there could be a period of time where the City has three (3) working Animal Control Officers. The requested action’s proposed effective date of December 13, 2025, is tied to the start of the City’s current pay period.

FINANCIAL IMPACT:

The City’s adopted budget includes funds for two (2) full-time Animal Control Officers. As one of these employees is on a long-term unpaid leave of absence, the requested overfill will not incur additional expenses for personnel costs beyond those already approved in the operating budget.

If, at some point in the future, the City does temporarily have three (3) full-time working Animal Control officers, staff will determine if a budget amendment is needed and, if needed, bring such action to Council for consideration. Based on current FY expenditures to-date in relation to appropriated funds, staff does not foresee the need for a budgetary amendment in the current FY.

ALTERNATIVES:

Council could direct staff to operate with one (1) Animal Control Officer.

ATTACHMENTS:

1. Resolution
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

APPROVING A TEMPORARY OVERFILL OF THE ANIMAL CONTROL OFFICER

BUDGETED POSITIONS
WHEREAS, the City of Madera (City) provides animal control services through its Police Department, with two (2) full-time Animal Control Officer positions approved in the Fiscal Year 2025-26 budget; and
WHEREAS, at this time, due to a long-term unpaid leave of absence, the City has a need to temporarily overfill the budgeted positions with a total of three (3) full-time employees in the two (2) budgeted positions; and
WHEREAS, this temporary overfill will cease when the full-time employee count returns to two (2) through attrition unless otherwise directed by the City Council.

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

1. The above recitals are true and correct.

2. The City Manager is authorized to overfill the Animal Control Officer positions with a total full-time employee count of three (3) effective December 13, 2025, until such time that the employee count returns to two (2) through attrition unless otherwise directed by the City Council.

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

REPORT TO CITY COUNCIL
Approved by:

Council Meeting of: December 17, 2025
________________________________ Agenda Number: ___________ Alicia Gonzales, City Clerk
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Certificate of Recognition Honoring Christian Johnson
RECOMMENDATION:

Adopt a Minute Order approving a Certificate of Recognition honoring Christian Johnson, the fastest man to complete seven 50K races on seven continents in seven days SUMMARY:

On August 2, 2023, the City Council adopted a policy governing the issuance of ceremonial documents, including certificates of recognition. The policy ensures a transparent and systematic process, requiring requests be submitted in writing at least 45 days prior to the requested presentation date.

In this context, Mayor Gallegos submitted a request on November 25, 2025, for a Certificate of Recognition recognizing Christian Johnson, fastest man in the world to run seven 50k races, on seven continents in seven days.

Madera resident Christian Brown Johnson recently set two World Records: the fastest male to complete an ultramarathon on all seven continents, and the fastest cumulative time to run a 50K on all seven continents. His races took place in Cape Town, Africa; Antarctica; Perth, Australia; Abu Dhabi, United Arab Emirates; Algarve, Portugal; Cartagena, Colombia; and Miami, Florida.

Christian dedicates his runs to raising awareness and funding for Parkinson’s disease, a cause deeply meaningful to him as his grandfather is affected by the condition.

Per the Ceremonial Documents policy, signatures shall be reserved for Councilmembers who vote in the affirmative. For Councilmembers that vote in the negative, their signature block shall be B-5

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omitted from the ceremonial document unless they notify the City Clerk in writing otherwise at least five business days prior to the meeting when the Proclamation will be issued.

FINANCIAL IMPACT:

There were nominal expenses for the preparation of this report or the proclamation. Costs related to custom supplies such as proclamations, certificates, frames, and folders have been purchased, and funds were appropriated in the adopted budget.

ALTERNATIVES:

If approved by a majority vote, staff will prepare the Certificate of Recognition for presentation at the February 4th City Council meeting. In the alternative, Council may:
 Deferral for Further Discussion: Council may opt to defer the decision for further discussion, allowing additional time to address specific concerns or gather more information.
 Denial of Certificate of Recognition: If the majority vote is not in the affirmative or no action is taken, the request will be considered denied.

ATTACHMENTS:

1. Email requesting Certificate of Recognition Honoring Christian Johnson From: Cecelia Foley Gallegos
To: Alicia Gonzales
Subject: Certificate
Date: Tuesday, November 25, 2025 2:11:21 PM
Good afternoon, City Clerk Gonzales,
Checking to see if we can bring this young man in at the second council meeting in December to be recognized.

Christian Brown Johnson
https://www.yourcentralvalley.com/news/local-news/madera-man-runs-7-continents-7-days/? utm_medium=social&utm_source=facebook_CBS47_Fresno
Sent from my iPhone

REPORT TO CITY COUNCIL
Approved by:

Council Meeting of: December 17, 2025
________________________________ Agenda Number: ___________ Alicia Gonzales, City Clerk
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Proclamation Recognizing January as National Mentoring Month and honor Big Brothers Big Sisters of Central California
RECOMMENDATION:

Adopt a Minute Order approving a Proclamation Recognizing January as National Mentoring Month and honor Big Brothers Big Sisters of Central California for their longstanding commitment to youth mentorship, empowerment, and positive youth development throughout the Central Valley
SUMMARY:

The City Council, during its regular meeting on August 2, 2023, adopted a policy governing the guidelines for City-issued Ceremonial Documents. This policy establishes the framework for the issuance of proclamations, ensuring a systematic and transparent process.

The policy allows for proclamations not identified on the list of annual proclamations to be considered on a case-by-case basis, with a written request required 45 days before the requested presentation date.

In this case, Mr. Nick Lutton, representing Big Brothers Big Sisters of Central California (BBBSofCC), submitted a request on November 13, 2025, for a proclamation recognizing January as National Mentoring Month and honor BBBSofCC for their longstanding commitment to youth mentorship, empowerment, and positive youth development throughout Central Valley.

Since its founding in 1969, BBBSofCC has served as a pillar of mentorship and youth empowerment, providing guidance, stability, and opportunity to children throughout the Central Valley. Through dedicated mentors, community partnerships, and innovative programming, B-6

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BBBSofCC continues to inspire young people to reach their full potential, strengthening the fabric of our communities.

Per the Ceremonial Documents policy, signatures shall be reserved for Councilmembers who vote in the affirmative. For Councilmembers that vote in the negative, their signature block shall be omitted from the ceremonial document unless they notify the City Clerk in writing otherwise at least five business days prior to the meeting when the Proclamation will be issued.

FINANCIAL IMPACT:

There were nominal expenses for the preparation of this report or the proclamation. Costs related to custom supplies such as proclamations, certificates, frames, and folders have been purchased and funds were appropriated in the adopted budget.

ALTERNATIVES:

Council may direct staff to prepare a proclamation. If the majority vote is in the affirmative, staff will proceed with presenting the Proclamation at the January 14, 2026, Special Council meeting.

In the alternative, Council may:
 Deferral for Further Discussion: Council may opt to defer the decision for further discussion, allowing additional time to address specific concerns or gather more information.
 Denial of Proclamation Request: If the majority vote is not in the affirmative or no action is taken, the request will be considered denied.

ATTACHMENTS:

1. Email from Mr. Nick Lutton, dated November 13, 2025, for a " Proclamation Recognizing January as National Mentoring Month and honor Big Brothers Big Sisters of Central California"
From: Nick Lutton
To: Alicia Gonzales
Subject: Big Brothers Big Sisters proclamation request
Date: Thursday, November 13, 2025 9:09:32 AM
Attachments: image001.png
Proclamation FC.docx
You don't often get email from [email protected]. Learn why this is important Good morning,
Our organization is requesting a proclamation for January 2026. Every January is National Mentorship Month. As we service four counties, including yours, we would ask for a proclamation where we would be in an attendance.

I have attached verbiage to make it a little easier, but if you need any information, please don't hesitate to reach out to me.

Thank you again for partnering with us!
Visit us on our website, Facebook, Instagram, and Youtube for more information.

Donate, Volunteer, Empower Potential! ™
This e-mail contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the Individual(s) named above. If you are not the intended recipient of this e-mail, or the employee or agent responsible for delivering this to the intended recipient, you are hereby notified that any dissemination or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify us by e-mail at [email protected]

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: December 17, 2025
_________________________________ Agenda Number: ___________ Alicia Gonzales, City Clerk
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Second Reading and Adoption of an Ordinance of the City Council of the City of Madera Adjusting the Compensation for the City Council by Amending Madera Municipal Code Section 2.1.05 RECOMMENDATION:

Waive Full Reading and Adopt an Ordinance of the City Council of the City of Madera Adjusting the Compensation for the City Council by Amending Madera Municipal Code Section 2.1.05 by Title Only
SUMMARY:

Adoption of an ordinance requires two actions by the City Council: the introduction of the Ordinance (first reading); and the adoption of the Ordinance (second reading). The Council waived the first reading and introduced by title only the Ordinance of the City Council of the City of Madera Adjusting the Compensation for the City Council by Amending Madera Municipal Code Section 2.1.05 at a public hearing held on December 3, 2025.

The City’s Municipal Code (MMC) authorizes City Council salaries to be set in accordance with California Government Code §36516, which bases compensation primarily on:
 A city’s population.
 Requires adoption of a local ordinance.
 Effective date: Any salary adjustment adopted by the City Council would only take effect at the beginning of the next new term of office. The next general municipal election is scheduled for November 3, 2026. Based on the City’s population of approximately 68,000, Councilmembers may be compensated up to $800 per month.  Applicability: Only applies to General Law cities. Charter cities may set their own compensation per their respective charters. Madera is a General Law city.

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In February 2014, to comply with California Government Code §36516, the City Council adopted an ordinance adjusting Councilmember salaries from $345 to $500 per month, as reflected in Madera Municipal Code Section §2-1.05. City Council salaries have not been adjusted since March 2014.

Under California Government Code §36516, which governs General Law cities, the City Council may adopt an ordinance to increase the current salary. However, any increase would not take effect until after the next general municipal election, when the new term of office for any Councilmember begins.

DISCUSSION:

While adjusting Councilmember salaries is not mandated by either the Madera Municipal Code (§2-1.05) or State of California Government Code (§36516), periodic adjustments help maintain the value of compensation by keeping pace with inflation and reducing the likelihood of significant, controversial increases. Regular adjustments ensure fairness, support recruitment and retention, and provide predictable budgeting.

Councilmembers’ commitment often includes meeting with constituents, attending evening and weekend meetings, and participating in events outside traditional work hours, which can take them away from their businesses, jobs, or families. Therefore, it is reasonable that they receive compensation, albeit minimal. Additionally, not adjusting salaries may discourage candidates from serving and create perceived inequities compared to comparable cities.

Today, Councilmembers are also eligible to receive medical benefits comparable to those provided to City employees and no changes to this are proposed as part of this item.

Process of establishing Council salaries:

As it relates to the City, California Government Code §36516 allows the City Council to enact an ordinance establishing salaries for Councilmembers, with a maximum limit based on population size. Senate Bill (SB) 329, approved on June 29, 2023 by Governor Newsome, amended Government Code §36516, increasing the maximum allowable salary of Councilmembers in General Law cities which had not been adjusted since 1984. One goal of SB 329 is to help keep City Councils more diverse by allowing people from different income levels to serve and continue to support their families.

SB 329 amended the salary from $500 per month up to $1,600 per month for cities with a population between 50,000 and 75,000 which Madera falls within.

SB 329 also allows Councilmember salaries to increase beyond the specified maximum, provided the increase does not exceed:

A. An amount equal to 5 percent for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment is enacted. or
B. An amount equal to inflation since January 1, 2024, based upon the California Consumer Price Index, which shall not exceed 10 percent for each calendar year.

Potential Options:

The City’s Municipal Code authorizes that City Council salaries be set in accordance with State law, the Council may choose to:

1. Make no changes to the current compensation. Under this scenario, Councilmembers will continue to receive a monthly stipend $500 per month.

2. Increase compensation by 5 percent for each calendar year from the operative date of the last adjustment of the salary, which would increase the monthly salary to $800 per month per Table 1.

Table 1: Historical and Projected Council
Compensation Adjustments (Assuming 5% Annual
Increase)
Year Salary %
Increase
Cumulative
Increase from 2014
2014 $500 - Base Year
2015 $525 5% $25
2016 $550 5% $50
2017 $575 5% $75
2018 $600 5% $100
2019 $625 5% $125
2020 $650 5% $150
2021 $675 5% $175
2022 $700 5% $200
2023 $725 5% $225
2024 $750 5% $250
2025 $775 5% $275
2026 $800 5% $300

3. Increase compensation by a lower amount as decided by the Council.

Why can’t Council set its salary at $1,600 per month?
California Government Code §36516 allows cities of Madera’s size to compensate Councilmembers up to $1,600 per month. Both State law and the City’s Municipal Code (MMC §2-1.05) place general limitations of a 5 percent increase for each calendar year since the last adjustment. Further, unless this amount is actually implemented annually (which is unusual as automatic salary increases are not allowed) as a practical matter this 5 percent is not compounded. Instead, the 5 percent increase is calculated by multiplying the maximum adjustment of 5 percent by the number of calendar years that have elapsed since the last compensation adjustment. What this means is that as a practical matter actual compensation adjustments of no more than 5 percent is actually less than if that amount had been received every year. Additionally, inflation has exceeded 5 percent in recent years. As a result, State law was recently amended to allow for an alternate calculation to include an amount equal to inflation from January of 2024, based on the California Consumer Price Index, which cannot exceed 10 percent per year. It is possible to increase compensation more than the 5 percent per year increase or CPI not to exceed 10%, but only through voter approval as contemplated by Government Code §36516.

Can Salaries be Automatically Adjusted in the Future?
Local government ordinances, such as Madera’s, cannot provide for automatic adjustments in Councilmember salaries. More specifically, Government Code §36516(a)(5) states “[N]o ordinance shall be enacted or amended to provide automatic future increases in salary.” Effective Date:

Should the Council approve an amendment to the salary schedule, per MMC § 2-1.06:
“[T]he salary of Council members when increased or decreased shall become payable only on and after the date upon which one or more members of the Council become eligible therefor by virtue of beginning a new term of office following the next succeeding general municipal election held in the city.” Thus, the new salaries will not be effective until after the results of the November 2026 municipal election are certified in December 2026 and the new terms of elected Councilmembers begin.

Accordingly, the effective date for the proposed salary adjustment would be January 1, 2027.

FINANCIAL IMPACT:

The proposed salary adjustments would take effect after newly elected Councilmembers are seated in late 2026 and into 2027. Any cost increases will be incorporated into the FY 2026-27 budget, and no additional appropriation is required at this time.

ATTACHMENTS:

1. Proposed Ordinance of the City Council of the City of Madera Adjusting the Compensation for the City Council by Amending Madera Municipal Code Section 2.1.05 by Title Only 1 ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA

ADJUSTING THE COMPENSATION FOR THE CITY COUNCIL BY AMENDING MADERA MUNICIPAL CODE SECTION 2.1.05
WHEREAS, in 2014 Madera Municipal Code Section 2.1.05 was adopted which set City Councilmember compensation at $500 per month; and
WHEREAS, despite the passage of over a decade, Councilmember compensation has not been adjusted; and
WHEREAS, Government Code Sections 36516 and 36516.5 authorize the City to adjust the base compensation of the Councilmembers, including the Mayor, in accordance with a statutory formula; provided, however, that any change shall not become effective until one or more Councilmembers commences a new term; and
WHEREAS, the offices of the Mayor and Councilmember require officeholders to commit significant personal time to carry out the duties of each respective office, including, but not limited to, attendance at City events, participation in the governing bodies of outside boards and commissions, performing ceremonial roles, and other important activities on behalf of the City; and
WHEREAS, adjusting compensation will make it easier for the average City resident to serve in the offices of Mayor and/or Councilmember due to inflation and increased costs of living; and
WHEREAS, based upon the forgoing, the City Council desires to adjust the compensation of the Mayor and Councilmembers in accordance with the Government Code.

NOW THEREFORE, the City Council of the City of Madera does ordain as follows:

SECTION 1. The above recitals are hereby incorporated by reference.

SECTION 2. This Ordinance is exempt from the California Environmental Quality Act (“CEQA”) under Section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment.

Where, as here, it can be seen with certainty that there is no possibility that the activity in question would have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 3. Section 2-1.05 of Chapter 1 of Title II of the Madera Municipal Code is hereby amended to read in its entirety as follows:
§ 2-1.05 COUNCIL SALARIES.

From and after January 1, 2027, each member of the City Council shall receive a salary in the amount of $800 per month as authorized in Cal. Gov't Code § 36516 2 for cities up to 75,000 in population, and which authorizes a 5% increase for each calendar year since the last enactment of this section, which was 2014, which shall be payable at the same time and in the same manner as salaries paid to other officers and employees of the city. Beginning in January of 2027 and in every fourth year thereafter, the City Council shall, at its first regularly held meeting in the month of January, conduct a review of Council salaries to determine whether the salary level is appropriate.

SECTION 4: If any article, section, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Chapter. The Council hereby declares that it would have adopted this chapter and adopted each article, section, sentence, clause or phrase thereof, irrespective of the fact that any one or more articles, sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 5: This ordinance shall take effect and be in full force and effect from and after thirty (30) calendar days after its final passage and adoption. Within fifteen (15) calendar days after its adoption, the ordinance, or a summary of the ordinance, shall be published once in a newspaper of general circulation.
* * * * * * *

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: December 17, 2025
_________________________________ Agenda Number: ___________ Alicia Gonzales, City Clerk
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Appointment of City representative to the Board of Trustees of the Madera County Mosquito and Vector Control District
RECOMMENDATION:

Adopt a Resolution appointing Donald Horal to the Board of Trustees of the Madera County Mosquito and Vector Control District for an additional two-year term SUMMARY:

The attached letter was received from the Madera County Mosquito and Vector Control District (District) requesting consideration of appointing Donald Horal to a new term as the City’s representative on the District’s Board of Trustees. After consideration, Mayor Gallegos would like to appoint Donald Horal to a new term.

The Board of Trustees for the District is comprised of seven members, and the City has one representative on the Board of Trustees. The selected individual must be a registered voter and resident of the City.

Mr. Horal was appointed as the City’s representative by the Council on December 20, 2023, for a two-year term. Mr. Horal’s current term sunsets on January 1, 2026. Mr. Horal has been serving two-year terms as the City’s representative since March 15, 2006 and has expressed an interest in continuing to serve.

FINANCIAL IMPACT:

There is no financial impact to the City of Madera. Board Members receive a monthly stipend of $100 per month from the District.

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ALTERNATIVES:

1. Should the Council not adopt the resolution to appoint Donald Horal, staff will request that the Council submit a new nomination(s) for action at a future meeting.

ATTACHMENTS:

1. Resolution

2. Letter from Madera County Mosquito and Vector Control District RESOLUTION NO. _______

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

APPOINTING DONALD HORAL TO THE BOARD OF TRUSTEES OF THE MADERA

COUNTY MOSQUITO AND VECTOR CONTROL DISTRICT
WHEREAS, Division 3, Chapter 1, of the California Health and Safety Code (the "Law") sets forth the provisions for the creation and formation of the Madera County Mosquito and Vector Control District, its Board of Trustees, and selection of its members to the Board of Trustees; and WHEREAS, the Law sets forth appointment and membership requirements, terms of office and removal of trustees to the Madera County Mosquito and Vector Control District; and WHEREAS, Section 2021(b) of the Law authorizes the governing body of the City of Madera to appoint a trustee to the Madera County Mosquito and Vector Control District; and WHEREAS, the City Council of the City of Madera is the governing body within the electorate of the City of Madera and authorized to appoint a trustee to the Madera County Mosquito and Vector Control District; and
WHEREAS, the term of office of the City's current representative on the Board of Trustees of the Madera County Mosquito and Vector Control District expires January 1, 2026; and WHEREAS, it is the desire and intention of the Madera City Council to appoint Donald Horal as its representative to the Madera County Mosquito and Vector Control District.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MADERA AS FOLLOWS:

1. The above recitals are true and correct.

2. Donald Horal is hereby appointed to the Office of Trustee to the Board of Trustees of the Madera County Mosquito and Vector Control District.

3. The term of appointment shall be through January 1, 2028.

4. This resolution is effective immediately upon adoption. **********
Board Of Trustees
Jeff Coulthard, District 1
Nick Salinas, District 2
Jeff Barajas, District 3
Jay Mahil, District 4
David Thorpe, District 5
David Bump, City of Chowchilla
Donald Horal, City of Madera

MEMBER OF THE MOSQUITO AND VECTOR CONTROL ASSOCIATION OF CALIFORNIA

MEMBER OF THE AMERICAN MOSQUITO CONTROL ASSOCIATION
Madera County Mosquito &
Vector Control District
District Manager- Teresa Hamilton
3105 Airport Drive
Madera, California 93637
Telephone: (559) 662-8880
Fax: (559) 662-8883
Email: [email protected]
December 03, 2025
Dear Alicia,
The District’s Board Member Donald Horal’s term representing the City of Madera as Trustee appointed by the City Council is expiring in January 2025. Please put this on the City Council’s Agenda for approval as soon as possible.

Best Regards
Teresa Hamilton
District Manager

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: December 17, 2025
_________________________________ Agenda Number: ___________ Michael Lima, Director of Financial Services
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Treatment of Customer Payments Requiring Penny Denominations RECOMMENDATION:

Adopt a minute order authorizing staff to issue a credit on a future City bill to customers where a customer’s payment would require providing change in penny denominations SUMMARY:

In February 2025, President Donald Trump directed the Treasury Secretary to discontinue the production of pennies, citing cost reasons. The final new pennies were minted in November 2025. With no new pennies entering into circulation, their availability will decline and is expected to diminish over the next couple of years. As a result, many businesses have begun rounding transactions to the nearest nickel.

City staff evaluated whether rounding should be applied to payments received for Cityissued bills; however, staff recommends treating any overpayment as a credit to be applied to a future City-issued bill. This will ensure that the City is appropriately collecting rates and not overcharging or undercharging its customers.

DISCUSSION:

The penny has been used by the Unites States as legal tender for over 200 years. While the penny remains legal tender, the issuance of new pennies ceased in November 2025, per the February 2025 direction of President Donald Trump to the Treasury Secretary. The reason for the President’s decision to cease production of the penny was related to the cost of production. As of the time the direction was provided, it cost almost four cents to produce a coin with a value of one cent.

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In conjunction with the cessation of penny production, the Federal Reserve suspended filling penny orders at its regional distribution sites. In response to the Federal Reserve’s actions, Brinks (the City’s armored car service) has informed its customers that it expects it will become more difficult over the next year to fulfill cash orders that include pennies. Brinks has also indicated that, should pennies be unavailable, they will fulfill coin orders without pennies to avoid delays in service to their customers.

As a result of these actions, City staff has been strategizing how to address the operational issues that arise from the penny’s discontinuance. Staff initially considered rounding all bills to the nearest five cents, as is being done by several business. However, staff came to the conclusion that rounding would not be the best option for a couple of reasons:
 Rounding for customers paying cash would be inequitable for customers who either pay online or in-person with a credit card or check, because those latter customers would still be paying the exact amount of their bill (including one cent amounts).  There may be some legal issues associated with rounding charged amounts.

Instead of rounding, staff is recommending that in the event that exact change cannot be provided on a cash payment of a City-issued bill due to the lack of pennies, any change not returned to the customer will be treated as an overpayment and reflected as a credit on a subsequent City bill.

Staff anticipates that some customers may become frustrated with the change in practice; however, without pennies, it will become increasingly difficult to provide exact change. In addition, the City cannot undercharge customers, as doing so could be considered a gift of public funds.

In anticipation of this transition, City staff will install signs in English and Spanish at all its public counters informing customers of this new policy. The signs will also contain a statement encouraging customers to pay with exact change to avoid the need for credits on future bills.

It should be noted that legislation has been introduced in Congress to make rounding the sole legal response when a customer does not tender exact change. However, it is uncertain whether this legislation will be enacted, as the penny remains legal tender. In the event that rounding legislation is passed, City staff will adjust City policy to conform with federal law.

FINANCIAL IMPACT:

The financial impact associated with issuing credits for overpayments resulting from the lack of exact change is expected to be minimal. Any overpayments will be recorded as a liability on the customer’s account and applied to a future City-issued bill, resulting in no net loss to the City.

ALTERNATIVES:

Council may direct staff to round payments to the nearest five cents.

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: December 17, 2025
_________________________________ Agenda Number: ___________ Keith Helmuth, City Engineer
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Budget Amendment to Appropriate Highway Bridge Program (HBP) Funds to the Fiscal Year 2025/26 Budget
RECOMMENDATION:

Adopt a Resolution to appropriate Highway Bridge Program funds to the Fiscal Year 2025/26 Budget for the Clark Street Bridge
SUMMARY:

This is a housekeeping item to appropriate HBP funds intended to be included in the Fiscal Year (FY) 2025/26 Budget for the reconstruction of the Clark Street bridge.

BACKGROUND:

The HBP program provides federal funds through Caltrans to replace or rehabilitate highway bridges, as determined by Caltrans. The Clark Street bridge had been included in the City’s Capital Improvement Program (CIP) cycles through the Bridge Preventative Maintenance Program (BPMP). The bridge was removed from the BPMP program and added to the HBP program due to the bridge’s decline in condition based on assessments by the California Department of Transportation (Caltrans).

Beginning in FY 2023/24, HBP funds had been appropriated for replacement of the Clark Street Bridge (CIP Project B-000006). Thus, staff had initiated preliminary engineering efforts and associated environmental reviews. However, the bridge was destroyed by a fire on the morning of February 13, 2025. This project has moved up in priority for delivery because of the impacts of the closed roadway.

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HBP funds for $348,808 are currently programmed in the FY 2025/26 CIP for the replacement of the Clark Street Bridge (CIP Project B-000006). During the FY 2025/26 budget process, the associated HBP appropriations were inadvertently omitted in the adopted FY 2025/26 Budget.

This item adds the required funding to keep the project moving forward.

Reimbursable costs for project administration and preliminary engineering are accruing.

Additionally, it is staff’s intent to award a contract for engineering services for the project this fiscal year. Because of this, staff is recommending approval of a budget amendment appropriating $348,808 in HBP funds to the FY 2025/26 Budget prior to other opportunities such as mid-year or annual budget processes.

FINANCIAL IMPACT:

This amendment allows the use of HBP funds for this project thus reducing potential impacts on the City’s General Fund or local transportation funding sources.

ALTERNATIVES
Council may defer action until the mid-year budget process, subject to one occurring this year.

ATTACHMENTS:

1. Resolution - Appropriation of Highway Bridge Program (HBP) funds Exhibit A - Budget Amendment

Attachment 1
Resolution
Appropriation of Highway Bridge Program (HBP) funds
RESOLUTION NO. 25-______

A RESOLUTION APPROVING THE APPROPRIATION OF HIGHWAY BRIDGE PROGRAM (HBP) FUNDS TO THE FISCAL YEAR 2025/26 BUDGET

WHEREAS, a project to replace the Clark Street Bridge utilizing Highway Bridge Program (HBP) funds is programmed in the Fiscal Year (FY) 2025/26 Capital Improvement Program (CIP); and
WHEREAS, HBP funds are required to move the project forward this fiscal year and have been programmed by Caltrans for the Clark Street Bridge Project; and WHEREAS, the City desires to add these funds to the current FY 2025/26 Budget; and WHEREAS, appropriation of these funds to the FY 2025/26 Budget requires a budget amendment.

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 budget amendment as shown in Exhibit A, attached hereto and incorporated herein, is approved.

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

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

ORG OBJECTPROJECT
FUND CODE CODE CODE DESCRIPTION (+) (-)
Federal Urban Aid Grant 41705735 4434 Grants 348,808 $
41705735 7050 Construction/Infrastructure 348,808
$ 348,808 $ 348,808

EXHIBIT A

CITY OF MADERA
Budget Appropriations: Res. 25-______
Budget Transfer & Amendment for Fiscal Year 2025/26
1 REPORT TO CITY COUNCIL
Approved by: Council Meeting of: December 17, 2025
_________________________________ Agenda Number: ___________ Will Tackett, Community Development Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Consider an Amendment to the Professional Services Agreement with Fire Safety Solutions RECOMMENDATION:

Adopt a resolution of the Council of the City of Madera approving a Fourth Amendment to the Professional Services Agreement with Fire Safety Solutions, Inc. for Building and Fire Plan Review and Inspection Services
SUMMARY:

The City of Madera (City) and Fire Safety Solutions, Inc. (formerly Fire Safety Solutions, LLC). (Consultant) are parties to an effective Professional Services Agreement (Agreement) approved by the Madera City Council on February 20, 2008, through passage of Madera City Council Resolution No. 08-38.

The Third Amendment is set to expire on January 1, 2026. City and Consultant desire to enter into this Fourth Amendment in order continue meeting customer and industry expectations and timeliness for delivery of Building Department plan review and inspection services.

Building Department staff have prepared the Fourth Amendment to the Professional Services Agreement by and between the City of Madera and Fire Safety Solutions (Fourth Amendment), included as Exhibit A to the Resolution attached to this report, in order to set forth and approve amendments to include a proposed term/expiration date of July 1, 2026, for the Agreement.

BACKGROUND:

The original Agreement did not include a sunset clause or length of term relative to an expiration date, number of effective years, or not-to-exceed compensation limitation. Therefore, the First Amendment included a term/expiration date of January 1, 2025, for the Agreement. The Second B-11

RETURN TO AGENDA
Amendment included a six-month extension resulting in a term/expiration date of July 1, 2025, for the Agreement. The Third Amendment included a six-month extension resulting in a term/expiration date of January 1, 2026. Now, this fourth Amendment proposes an additional six-month extension resulting in a term/expiration date of July 1, 2026, for the Agreement.

Section 6.7 of the Agreement allows City and Fire Safety Solutions to effectuate modifications or amendments to the Original Professional Services Agreement only by a subsequent written agreement signed by both parties. Staff and Consultant have discussed the revised terms presented in this Fourth Amendment, to which the Consultant is agreeable. Except as amended with respect to the term/expiration date of the Agreement (i.e., six-month extension), all other terms and conditions of the Agreement, Amendment No. 1, Amendment No. 2 and Amendment No. 3 will remain in full force and effect.

Workload volumes and staff resources require supplemental contracted consultant services in order to meet customer and industry expectations and timeliness for delivery of Building Department plan review and inspection services. Fire Safety Solutions has performed its duties and scope of services in an exemplary manner and has invested time and effort in building a positive reputation and rapport with the City of Madera’s customers. Staff recommend the Council approve the proposed Fourth Amendment in accordance with the terms and spirit of the provisions of the original agreement. Such approval will help the City ensure Building Department services may continue to be provided in a qualitative manner for its customers.

FINANCIAL IMPACT:

There is no fiscal impact associated with the recommended action. Utilization of professional contracted services was anticipated and budgeted by the Building Department in the approved City of Madera 2025/26 Fiscal Year budget. The term of the proposed Fourth Amendment would end concurrently with the 2025/26 Fiscal Year.

ALTERNATIVES:

The Council may propose any such alternative terms or provisions in its motion; or, may elect to continue the item (to a future time and date certain) and/or refer the item back to staff, with further direction or requests for additional information, negotiations, or amendments.

ATTACHMENTS:

1. Resolution approving a Fourth Amendment to the Professional Services Agreement with Fire Safety Solutions, Inc. for Building and Fire Plan Review and Inspection Service; including:

Exhibit A: Fourth Amendment to the Professional Services Agreement by and between City of Madera and Fire Safety Solutions
ATTACHMENT 1
Resolution Approving a Fourth Amendment to the Professional Services Agreement with Fire Safety Solutions, Inc. for Building and Fire Plan Review and Inspection Service
Including:

Exhibit A: Fourth Amendment to the Professional Services Agreement by and between City of Madera and Fire Safety Solutions RESOLUTION NO. ______

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

APPROVING A FOURTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH FIRE SAFETY SOLUTIONS, INC. FOR BUILDING AND FIRE PLAN REVIEW AND INSPECTION SERVICES.

WHEREAS, the City of Madera is committed to protecting public health, safety, welfare and environment, and as such, desires to provide professional fire and building plan review and inspection services; and
WHEREAS, existing staff persons are not available to provide the full range of services necessary to perform all duties related to professional fire and building plan review and inspection services; and
WHEREAS, the City of Madera (the “City”) and Fire Safety Solutions, Inc. (formerly Fire Safety Solutions, LLC). (the “Consultant”) are parties to that certain Professional Services Agreement, approved by the Madera City Council on February 20, 2008, through passage of Madera City Council Resolution No. 08-38, and subsequently executed (the “Professional Services Agreement”); and
WHEREAS, the provisions of the Professional Services Agreement allow City and the Consultant to effectuate modifications or amendments to the Professional Services Agreement only by a subsequent written agreement signed by both parties; and WHEREAS, the City and Consultant desire to enter into a Fourth Amendment to the Professional Services Agreement (the “Fourth Amendment”) in order to set forth and approve amendments to include a proposed term/expiration date of July 1, 2026, for the Agreement; and WHEREAS, approval of the Fourth Amendment to the Professional Services Agreement by and between the City and Consultant would continue to ensure City availability to sufficient resources to continue to provide for these services; and WHEREAS, sufficient monies exist within budgeted Contracted Services funds reserved for use by the Building Department.

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

1. The above recitals are true and correct.

2. The City Council approves the attached Fourth Amendment to the Professional Services Agreement by and between the City of Madera and Fire Safety Solutions Inc., to perform professional fire and building plan review and inspection services(Exhibit “A”) and authorizes the Mayor to execute the same.

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

Exhibit “A”: Fourth Amendment to the Professional Services Agreement by and between the City of Madera and Fire Safety Solutions, Inc.

EXHIBIT A

FOURTH AMENDMENT

TO THE PROFESSIONAL SERVICES AGREEMENT BY AND

BETWEEN CITY OF MADERA AND FIRE SAFETY SOLUTIONS
This Fourth Amendment to the Professional Services Agreement by and between the City of Madera and Fire Safety Solutions, LLC (the “Fourth Amendment”) is entered into by and between the CITY OF MADERA, a municipal corporation, organized and existing pursuant to the laws of the State of California and the City of Madera (the “City” or “Agency”), on the one hand, and FIRE SAFETY SOLUTIONS, INC. (formerly Fire Safety Solutions, LLC) on the other hand and hereinafter referred to as the “Consultant”.

This Fourth Amendment shall become effective upon the final signature date of execution by both parties (the “Fourth Amendment Date”). The City and Consultant enter into this Fourth Amendment with reference to the following facts:

R E C I T A L S
A. City and Consultant are parties to that certain Professional Services Agreement, dated as of February 20, 2008, that was passed, adopted, and recorded in the Official Records of City of Madera, on February 20, 2008, as Resolution No. 08-38 (the “Original Professional Services Agreement”).

B. Section 6.7 of the Professional Services Agreement allows City and the Consultant to effectuate modifications or amendments to the Original Professional Services Agreement only by a subsequent written agreement signed by both parties.

C. The parties subsequently entered into a Third Amendment, and the Original Professional Services Agreement as amended is set to expire on January 1, 2026.

D. City and Consultant desire to enter into this Fourth Amendment in order to extend the term/expiration date of the Original Professional Services Agreement as amended.

NOW THEREFORE, with reference to the above Recitals, the City and Consultant agree as follows:

A G R E E M E N T

1. Recitals. Each and all of the foregoing recitals of background facts are incorporated herein by this reference as though set forth herein verbatim.

2. Term of Amended Professional Services Agreement. Section 4.2 (Term of Contract) is added to Article 4 (TERMINATION) of the Original Professional Services Agreement to read in its entirety as follows:

4.2 Term of Contract
If not previously terminated, the term of this Agreement shall automatically expire and terminate on July 1, 2026, unless extended in writing by mutual consent of the Parties.

3. Conflict. Except as expressly provided in this Fourth Amendment the remaining terms of the Original Professional Services Agreement as amended by the First Amendment and as amended by the Second Amendment and as amended by the Third Amendment shall remain in full force and effect.

4. Binding and Effective. This Fourth Amendment shall become binding and effective as of December 17, 2025.
[SIGNATURES ARE ON THE FOLLOWING PAGES]
IN WITNESS WHEREOF, the parties have executed this Fourth Amendment at Madera, California, on the day and year first above written.

CITY OF MADERA: FIRE SAFETY SOLUTIONS:

By: ____________________________ By: ____________________________ Cecelia K. Gallegos, Mayor Matthew S. Tarr, CEO
Date: ______________________ Date: ______________________ Number: ________________________
Federal Employer Identification
Attest:
___________________________
City Clerk
Approved as to Form:
___________________________
City Attorney

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: December 17, 2025
_________________________________ Agenda Number:

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

Agreement with David J. Boyle Electric Shop, LLC for Construction Services on the Transit Center RECOMMENDATION:

Adopt a Resolution approving an agreement with David J. Boyle Electric Shop, LLC for the construction of an entrance canopy at Madera Transit Center for $76,100 plus a 10 percent contingency amount for potential extra services with a not to exceed amount of $83,710 SUMMARY:

The City released an Informal Invitation for Bid (IFB) soliciting bids to construct a canopy at the entrance of the Madera Transit Center.

In accordance with local procurement policies, the City completed the procurement process for construction services of the canopy. As a result of the process, staff recommends entering into an agreement with David J. Boyle Electric Shop, LLC for the installation of a canopy at the Madera Transit Center.

DISCUSSION:

The Madera Transit Center is located at 1951 Independence Drive. It houses Madera Metro’s fleet and functions as the administrative office for the City’s transit operator, MV Transportation Inc. Since the completion of the Madera Transit Center in 2021, it has been brought to staff’s attention that the east doorway is negatively impacted by inclement weather. Specifically, the facility’s east door handle becomes too hot in the summer to touch without protective coverings.

This door is routinely used by bus drivers accessing the building. Adding a canopy will provide shade while preventing the door handle from reaching an excessive temperature. It will also provide refuge from the rain.

B-12

RETURN TO AGENDA
Scope of Work
The project scope of work includes the construction of a new entrance canopy at the Madera Transit Center. The contractor shall provide all required tools and equipment required to construct the canopy. Additionally, the contractor will prepare the site for installation. This may include site clearing as well as installing any required electrical wiring. It will also include framing the roof for the canopy, installing steel columns, and installing rain gutters among other construction requirements. The color of the canopy will match the existing color of the Transit Center.

All parts, materials, travel, and labor were included in the Contractor’s bid. All labor costs were bid at prevailing wage. All parts and materials furnished under award of this IFB shall be new, unused, and the same as the manufacturer's current production model. The Contractor shall provide cost submittals as required by the various bid items within the first 30 days.

The Engineers’ Opinion of Cost for this project is $82,500. This Opinion of Cost includes all parts and labor estimated to be needed to complete the project.

Procurement Process
The City released an Informal Invitation for Bid (IFB), No. 202526-06 on September 10, 2025. The IFB was posted on the City’s electronic bidding platform, PlanetBids. PlanetBids notified 81 potential firms that were registered with the City. To further expand outreach, staff mailed 209 IFB notifications to A and B-Licensed contractors in Madera identified through the Contractors State License Board (CSLB) website. Additionally, 66 firms registered on the City’s informal construction bid list (10 of which were in Madera) were also emailed. IFB notifications were also emailed to six contractor plan rooms.

Five proposals were received. Two proposals were declared unresponsive as the cost proposals were above the engineer’s estimate. The remaining three proposals were evaluated by a committee made up of City staff. The committee ranked the proposals by responsiveness and cost. After evaluation, the committee determined that David J. Boyle Electric Shop, LLC had the lowest bid, and was thus the most responsive bidder. The following table shows the bidders and their proposed prices for the project.

The Agreement (Exhibit 1) with David J. Boyle Electric Shop, LLC for the requested services is effective upon Council approval, with an expected completion date of February 27, 2026.

Including a 10 percent contingency for unforeseen conditions, the total cost proposal is $83,710.

FINANCIAL IMPACT:

The Agreement with David J. Boyle Electric Shop, LLC for the construction of a canopy at the Madera Transit Center will be supported with Public Transportation Modernization Improvement and Service Enhancement Account (PTMISEA) and State of Good Repair (SGR) funds and will not impact the City’s General Fund. Funding for this project was approved in the City’s FY 2025/2026 Adopted Budget.

ALTERNATIVES:

As an alternative, Council may:

1. Not approve the proposed Agreement.

2. Direct staff to re-release an IFB for construction services of a canopy at the Madera Transit Center.

ATTACHMENTS:

1. Resolution Approving the Construction Agreement with David J. Boyle Electric Shop, LLC. a. Exhibit 1 – Construction Agreement
i. Exhibit A – Contractor Complete Bid as submitted on 10/21/2025 ii. Exhibit B – Addenda No. 1, dated 10/07/2025
iii. Exhibit C - Addenda No. 2, dated 10/08/2025
iv. Exhibit D – Addenda No. 3, dated 10/14/2025
v. Exhibit E - Insurance Requirements for Contractors as specified in IFB vi. Exhibit F - IFB 202526-06 Construction of Entrance Canopy at the Madera Transit Center
Table 1 – Cost Proposals
Vendor Cost
Proposal
David J. Boyle Electric Shop, LLC $76,100
New Century Construction & Consulting, Inc. $80,300
RRR Pirooz Engineering $81,000
*Everett Engineering $98,000
*A.M.V. Construction, Inc. $119,096
*Proposal considered unresponsive because the cost
proposal is above the Engineer’s Cost Estimate.

RESOLUTION NO. _____

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

CALIFORNIA, APPROVING AN AGREEMENT FOR CONSTRUCTION SERVICES OF A CANOPY AT THE MADERA TRANSIT CENTER WITH DAVID J. BOYLE ELECTRIC SHOP, LLC. FOR $76,100 AND 10 PERCENT CONTINGENCY AMOUNT FOR A NOT TO EXCEED AMOUNT OF $83,710
WHEREAS, the City plans to add a canopy to the Madera Transit Center, hereinafter called “Project”; and
WHEREAS, the City needs the services of a construction firm to manage and install the Project; and
WHEREAS, the City engaged in an Informal Invitation for Bid (IFB) process thereon; and WHEREAS, the City received five bids for this project; and WHEREAS, an evaluation committee made up of City staff reviewed the bids that were received for responsiveness and cost; and
WHEREAS, the evaluation committee determined that David J. Boyle Electric Shop, LLC is qualified and certified to provide the required construction services and is knowledgeable of the principals and practices of the industry associated with the installation of a canopy; and WHEREAS, the City desires to enter an agreement with David J. Boyle Electric Shop, LLC, for such services.

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

1. The recitals listed above are true and correct.

2. The Council awards and approves the agreement for Construction Services for the installation of a canopy at the Madera Transit Center with David J. Boyle Electric Shop, LLC which is attached hereto and incorporated by reference as Exhibit 1.

3. This resolution is effective immediately upon adoption. *****
Exhibit 1

CONSTRUCTION AGREEMENT
IFB 202526-06 Construction of Entrance Canopy at the Madera Transit Center This Construction Agreement (“Agreement”) is made between the City of Madera, hereinafter called “OWNER” or “CITY” and David J. Boyle Electric Shop, LLC, doing business as (an individual), or (a partnership), or (a corporation), hereinafter “CONTRACTOR” and collectively called “Parties.” The Agreement is effective on the last date signed by the Parties at the end of this Agreement.

WITNESSETH: The Parties agree as follows:

1. Project. The CONTRACTOR shall commence and complete all WORK required for the “IFB 202526-06 Construction of Entrance Canopy at the Madera Transit Center.”

2. Materials, Supplies, Equipment. The CONTRACTOR shall furnish all of the material, supplies, tools, equipment, labor, and other services necessary for the construction and completion of the WORK described in this Agreement.

3. Commencement of Work; Term of Agreement. The CONTRACTOR shall commence the WORK required by the CONTRACT DOCUMENTS within ten (10) calendar days after the date of the NOTICE TO PROCEED, as agreed upon by OWNER and CONTRACTOR during the pre-construction meeting and will complete the same within Seventy-five (75) Working Days. The CONTRACTOR shall submit a Payment Bond in the amount of $76,100.00, each and Insurance Certificates as specified in the CONTRACT DOCUMENTS prior to commencing any WORK within fifteen (15) working days after being notified of the award of the contract, and before OWNER executes this AGREEMENT.

This Agreementshall be effective on December 17, 2025, after approval by the City Council at a duly scheduled meeting thereof.

4. The Contract Amount. OWNER agrees to pay, and CONTRACTOR agrees to accept, the sum not to exceed Seventy-Six Thousand One Hundred Dollars and Zero Cents ($76,100.00) (“Contract Price”) subject to adjustments for changes in work as may be directed in writing by OWNER as payment in full for the WORK described in the CONTRACT DOCUMENTS. WORK performed at unit prices proposed in the CONTRACT DOCUMENTS will be paid based on actual quantities of work performed and accepted.

5. Contract Documents. The CONTRACTOR shall commence and complete all WORK required in accordance with the following CONTRACT DOCUMENTS, attached thereto and incorporated herein as Exhibits A through F:
(A) CONTRACTOR Complete Bid as Submitted on 10/21/2025
(B) Addenda No. 1, dated 10/07/2025
(C) Addenda No. 2, dated 10/08/2025
(D) Addenda No. 3, dated 10/14/2025
(E) Insurance Requirements for Contractors as specified in IFB (F) IFB 202526-06 Construction of Entrance Canopy at the Madera Transit Center

6. Liquidated Damages. In the event the CONTRACTOR does not complete the WORK within the time limit specified in Section 3 or within such further time as authorized, the CONTRACTOR shall pay to the OWNER liquidated damages in the amount of four hundred dollars ($400.00) per day for each and every calendar day delay in finishing the WORK beyond the completion date so specified.

7. Payment to Contractor. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the General Conditions such amounts as required by the CONTRACT DOCUMENTS. For any moneys earned by the CONTRACTOR and withheld by the OWNER to ensure the performance of the Contract, the CONTRACTOR may, at his request and expense, substitute securities equivalent to the amount withheld in the form and manner and subject to the conditions provided in Division 2, Part 5, Section 22300 of the Public Contract Code of the State of California.

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

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

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

A. Claims:

The term “claim” refers to a separate demand by Contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
i. A time extension, including, without limitation, for relief from damages or penalties for delay assessed by Owner under this Contract. ii. Payment by the Owner of money or damages arising from work done by, or on behalf of, the Contractor pursuant to the Contract and payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled.
iii. Payment of an amount that is disputed by the Owner.

B. The Claim Must Be Timely and in Writing:

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

C. Receipt of Claim by Owner:

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

Upon receipt of a claim, Owner and Contractor may, by mutual agreement, extend the time period provided in this section.

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

D. City Council Approval:

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

E. Payment of Claim:

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

F. Meet and Confer:

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

Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the Owner shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the Owner issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the Owner and the Contractor sharing the associated costs equally. The Owner and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing.

If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.

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

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

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

G. Filing a Government Code Written Claim Notice:

Following the meet and confer conference, if the claim or any portion remains in dispute, the Contractor may file a claim under the Torts Claims Act as provided in Chapter 1 (commencing with Section 900) and Chapter 2 commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code Section 900.

H. Owner’s Failure to Respond to Claim:

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

I. Interest:

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

J. Subcontractor Claims:

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

K. Filing of Action on Unresolved Claims:

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

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

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

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

11. Prevailing Wages. This Agreement is subject to California Labor Code Sections 1720, et seq., and Contractor and subcontractor shall pay not less than the specified prevailing rates of wage to all workers employed in performance of the Work. Pursuant to the provisions of Section 1770 of the California Labor Code, OWNER has obtained the general prevailing rate of wages and employer payments for health and welfare, vacation, pension, and similar purposes, as determined by the Director of the Department of Industrial Relations, a copy of which is on file in the office of OWNER and shall be made available for viewing to any interested party upon request. The Contractor and each subcontractor shall forfeit as a penalty to OWNER not more than Two Hundred Dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rate in violation of the Labor Code. In addition, the difference between the prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor.

12. Public Works Contractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relation. No bid will be accepted, nor any contract entered into without proof of the Contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. In addition, Contractor shall provide the registration number for each listed subcontractor in the space provided in the Designation of Subcontractors Form.

This Project is subject to compliance monitoring and enforcement by the Department of Relations. In executing this contract, Contractor acknowledges that it has reviewed all applicable labor compliance requirements and included the cost of complying with such requirements in its bid.

13. Payroll Records. The CONTRACTOR shall comply Section 1776 of the California Labor Code. The CONTRACTOR shall keep and require that all SUBCONTRACTORS keep accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice worker or other employee employed by him in connection with public work. Such payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of the CONTRACTOR by the OWNER, its officers, and agents and to the representatives of the Division of Labor Law Enforcement of the State Department of Industrial Relations. In the event of non-compliance with the requirements of Section 1776, the CONTRACTOR shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects the CONTRACTOR must comply. If CONTRACTOR or subcontractor does not comply after such ten (10) day period, the CONTRACTOR shall, as a penalty, forfeit one hundred dollars ($100) for each day or portion thereof for each worker until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due.

In accordance with California Labor Code Section 1771.4 Section 1771.4, CONTRACTOR and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (DIR) on a weekly basis and in the format prescribed by the DIR which may include electronic submission. CONTRACTOR shall comply with all applicable requirements and regulations from the DIR relating to labor compliance monitoring and enforcement.

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

Section 1777.5 provides, in part, as follows:

The CONTRACTOR or SUBCONTRACTOR, if he is covered by this section, upon the issuance of the approval certificate, or if he has been previously approved in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeyman stipulated in the apprenticeship standards. Upon proper showing by the CONTRACTOR that he employs apprentices in the craft or trade in the State on all of his/her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by a journeyman, or in the land surveyor classification, one apprentice for each five journeyman, the Division of Apprenticeship Standards may grant a certification exempting the CONTRACTOR from the one (1) to five (5) hourly ratio as set forth in this section. This section shall not apply to contracts of general CONTRACTORS or to contracts of specialty contractors not bidding for work through a general or prime CONTRACTOR, when the contracts of general CONTRACTORS, or those specialty CONTRACTORS involve less than thirty thousand dollars ($30,000). Any work performed by a journeyman in excess of eight hours per day or forty (40) hours per week shall not be used to calculate the hourly ratio required by this section.

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

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

The CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in apprenticeable trade on such contracts and if other contractors on the public work site are making such contributions. The CONTRACTOR, and any SUBCONTRACTOR under him, shall comply with the requirements of Sections 1777.5 and 1777.6 of the Labor Code in the employment of apprentices. Information relative to number of apprentices, identifications, wages, hours of employment and standards of working conditions shall be obtained from the Division of Apprenticeship Standards. Consult the white pages of your telephone directory under California, State of, Industrial Relations, Apprenticeship Standards, for the telephone number and address of the nearest office. Willful failure by the CONTRACTOR to comply with the provisions of Sections 1777.5 will subject the CONTRACTOR to the penalties set forth in Section 1777.7 of the Labor Code.

15. Hours of Work. Pursuant to California Labor Code Section 1813, eight hours in any one calendar day and forty (40) hours in any calendar week shall be the maximum hours any worker is required or permitted to work, except in cases of extraordinary emergency caused by fires, flood, or danger to life and property or except as authorized under the overtime provisions in California Labor Code 1815.

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

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

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

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

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

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

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

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

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

19. Insurance. Contractor must comply with the insurance requirements as described in Exhibit E, Insurance Requirements for Contractors as specified in IFB.

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

21. Termination.

A. Termination of the Contract for Default.

1. General: If, prior to the acceptance of the Work, the CONTRACTOR:
(a) Becomes insolvent, assigns its assets for the benefit of its creditors, or is otherwise financially unable to complete the Work; (b) Abandons the Work by failing to report to the Work site and diligently prosecute the Work to completion;
(c) Disregards written instructions from the City Engineer or materially violates provisions of the Contract Documents;
(d) Fails to prosecute the Work according to the schedule approved by the City;
(e) Disregards laws or regulations of any public body having jurisdiction; or
(f) Commits continuous or repeated violations of regulatory or statutory safety requirements, then the OWNER will consider the Contractor in default of the Contract.

2. Notices: Notices and other written communications regarding default between the CONTRACTOR, the OWNER, and the SURETY shall be transmitted as follows:
(a) Personal delivery with proof of delivery which may be made by declaration under penalty of perjury by any person over the age of 18 years. The proof of delivery shall show that delivery was performed in accordance with these provisions. Service shall be effective on the date of delivery. Notices given to the Contractor by personal delivery may be made to the Contractor’s authorized representative at the Work site; or
(b) Certified mail addressed to the mailing address of the recipient postage prepaid; return receipt requested. Service shall be effective on the date of the receipt of the mailing.

Simultaneously, the OWNER may send the same notice by regular mail. If a notice that is sent by certified mail is returned unsigned, then delivery shall be effective pursuant to regular mail, provided that the notice that was sent by regular mail is not returned.

3. Notice to Cure: The OWNER will issue a written notice to cure the default to the Contractor and its Surety. The Contractor shall commence satisfactory corrective actions within 5 Working Days after receipt.

4. Notice of Termination for Default: If the Contractor fails to commence satisfactory corrective action within 5 Working Days after receipt of the notice to cure, or to diligently continue satisfactory and timely correction of the default thereafter, then the Owner will recommend to the City Council that the Contractor be found in default of the Contract and upon such finding by the City Council will terminate the Contractor’s right to perform under the Contract by issuing a written notice of termination for default to the Contractor and its Surety;
The provisions of this subsection shall be in addition to all other legal rights and remedies available to the Owner.

5. Responsibilities of the Surety: Upon receipt of the written notice of termination for default, the Surety shall immediately assume all rights, obligations, and liabilities of the Contractor under the Contract. If the Surety fails to protect and maintain the Work site, the Owner may do so and may recover all costs incurred. The Surety shall notify the Owner that it is assuming all rights, obligations, and liabilities of the Contractor under the Contract and all money that is due, or would become due, to the Contractor shall be payable to the Surety as the Work progresses, subject to the terms of the Contract.

Within 15 Working Days of receipt of the written notice of termination for default, the Surety shall submit to the Owner a written plan detailing the course of action it intends to take to remedy the default. The Owner will review the plan detailing and notify the Surety if the plan is satisfactory. If the Surety fails to submit a satisfactory plan, or if the Surety fails to maintain progress according to the plan accepted by the Owner, the Owner may, upon 48 hours written notice, exclude the Surety from the premises, take possession of all material and equipment, and complete the Work in any way the Owner deems to be expedient. The cost of completing the Work by the Owner shall be charged against the Surety and may be deducted from any monies due, or which would become due, the Surety. If the amounts due under the Contract are insufficient for completion, the Surety shall pay the Owner, within 30 Days after the Owner submits an invoice, all costs in excess of the remaining Contract Price.

6. Payment: The Surety will be paid for completion of the Work in accordance less the value of damages caused to the Owner by the acts of the Contractor.

B. Termination of the Contract for Convenience.

The OWNER may terminate the Contract if it becomes impossible or impracticable to proceed, or because of conditions or events beyond the control of the OWNER.

1. Notice: The Owner will issue a written notice of termination for convenience as follows:

Personal delivery, with proof of delivery, which may be made by declaration under penalty of perjury by any person over the age of 18 years. The proof of delivery shall show that delivery was performed in accordance with these provisions. Service shall be effective on the date of delivery. Notices given to the Contractor by personal delivery may be made to the Contractor’s authorized representative at the Work site; or, Certified mail addressed to the mailing address of the recipient postage prepaid; return receipt requested. Service shall be effective on the date of the receipt of the mailing.

Simultaneously, the Owner may send the same notice by regular mail. If a notice that is sent by certified mail is returned unsigned, then delivery shall be effective pursuant to regular mail, provided that the notice that was sent by regular mail is not returned.

2. Cessation of Work: Upon receipt, the Contractor shall immediately cease work, except work the Contractor is directed to complete by the Engineer or required to complete for public safety and convenience. The Contractor shall immediately notify Subcontractors and suppliers to immediately cease their work.

3. Payment: The Contractor will be paid without duplication for:
(a) Work completed in accordance with Contract Documents prior to the effective date of termination for convenience;
(b) Reasonable costs incurred in settlement of terminated contracts with Subcontractors, suppliers, and others; and
(c) Reasonable expenses directly attributable to termination.

Notice of termination shall be mailed to the City:

Arnoldo Rodriguez
City of Madera
205 West 4th Street
Madera, CA 93637
Notice of Termination shall be mailed to the Contractor:

David Boyle
David J. Boyle Electric Shop, LLC
308 South D Street
Madera, CA 93638
All notices and communications from CONTRACTOR shall be to City's designated Project Manager or Principal-In-Charge. Verbal communications shall be confirmed in writing. All written notices shall be provided and addressed as soon as possible, but not later than thirty (30) days after termination.

Either party may update their contact information, including but not limited to mailing address, at any time by providing written notice to the other party in accordance with the notice provisions set forth in this Agreement. Such updates shall take effect upon the other party's receipt of the written notice unless a later effective date is specified in the notice.

22. Warranty. Contractor warrants to OWNER that all materials and equipment furnished shall be new, free from faults and defects and of good quality and conform to the requirements of the Contract Documents. Contractor hereby warrants its work against all deficiencies and defects for the period required by the Contract Documents or the longest period permitted by California Law, whichever is greater. Unless otherwise stated in the Contract Documents, warranty periods shall begin upon the filing of the Notice of Completion and shall be for one year.

This section shall not limit OWNER’s rights under this Agreement or with respect to latent defects, gross mistakes, or fraud. OWNER specifically reserves all rights related to defective work, including but not limited to defect claims pursuant to California Code of Civil Procedure section 337.15.

23. Compliance with Laws. City shall at all times observe and comply, and shall cause all of its agents, subcontractors, and employees to observe and comply with all with all Federal, State, and local laws, ordinances, regulations, and provisions applicable in the performance of City’s services. Wherever reference is made in this Agreement to standards or codes in accordance with which work is to be performed or tested, the edition or revision of the standards or codes current on the effective date of this Agreement shall apply unless otherwise expressly stated.

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

25. Governing Law. The laws of the State of California shall govern the rights and obligations of the parties under the Agreement, including the interpretation of the Agreement.

If any part of the Agreement is adjudged to be invalid or unenforceable, such invalidity shall not affect the full force and effect of the remainder of the Agreement.

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

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

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

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

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

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

31. Assignment. Neither the CONTRACTOR nor City will assign its interest in this Agreement without the written consent of the other.

32. Caltrans Authority. Caltrans is required by 23 Code of Federal Regulations (CFR), part 200, Section 200.9 (b)(7) to conduct reviews of sub-recipients (Local Agencies) of federal-aid to ensure compliance with Title VI of the Civil Rights Act of 1964 and the relates statues (Title VI) through the requirements under the Federal Highway Administration (FHWA), the U.S.

Department of Transportation (USDOT), and the U.S. Department of Justice (USDOJ) regulations and guidance materials related to the implementation of Title VI.

The scope of the process reviews conducted by Caltrans focuses on the Local Agency’s adherence to the FHWA’s Title VI Program (Race, Color and National Origin) and the related statues protecting additional classes as required under • Federal-Aid Highway Act of 1973 (Sex)
• The Age Discrimination Act of 1975 (Age), and
• The Americans with Disabilities Act of 1990 (ADA)(Disability) and Section 504 of the Rehabilitation Act of 1973 (Disability).

33. Binding Agreement. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A signed copy of this Agreement delivered by facsimile, email, or other electronic means shall be deemed to have the same legal effect as delivery of an original signed copy.
[SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement in TWO copies, each of which shall be deemed original on the date first above written.

CITY OF MADERA (OWNER)
By: _________________________________
Cecelia K. Gallegos, Mayor
Date: ___________________
APPROVE AS TO FORM:
____________________________________
Shannon L. Chaffin, City Attorney
Date: ___________________
ATTEST:
____________________________________
Alicia Gonzales, City Clerk
Date: ___________________

DAVID BOYLE ELECTRIC
By: _________________________________
Contractor (signature)
Date: ___________________
_________________________________
Printed Name and Title
___________________________
Federal Tax I.D. No.
___________________________
Contractor License Number
___________________________
DIR Registration Number
NOTE: This Notary Acknowledgment on the following page is required for verification of Contractor’s signature.

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

State of California )
County of ______________ )
On ______________, 2025 before me, ______________________________________ (insert name and title of officer)
Personally appeared __________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ___________________________________ (Seal)
Exhibit A

INCLUDE THIS PAGE WITH BID
Bid Bond BOND NUMBER B8638748
KNOWN ALL MEN BY THESE PRESENT, that we, the undersigned, _____________ _ DAVID J BOYLE ELECTRC I SHOP LLCas Principal, and Jent I surance Company as Surety, are hereby held and firmly bound unto C_ _i_t
y_
o_f_M__ad_e_r_a _______ as Owner in the penal sum of
_$_9_,_0_0_0_.0_0 ________ for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns.

Signed, this 15th day of --------� October 2025. The condition of the above obligation is such that whereas the Principal has submitted to City Of Madera a certain bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for the "Informal IFB 202526-06, Construction of Entrance Canopy at the Madera Transit Center"

NOW, THEREFORE,
(a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid.

Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.

The Surety, for value received, hereby stipulates, and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such Bid; and said Surety does hereby waive notice of any such extension.

IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals t e hereto affixed and these presents to be signed by their proper officers, the day and year first set for. ha Principal:.Z}ti vi')JJ;?C, y/e
/_:/ec:_--r /'IC _.>4 c,� � L C..
surety: Jet Insurance Compny a
/)} ,. q__ By: �-.I c::::r·-
(L.S.)
(Seal and Notarial Acknowledge of Surety)
David Gonsalves, Attorney in Fact
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Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit B
Exhibit C
Exhibit D

12. Bidder and its subcontractors performing work under this contract will be required to pay California sales tax and other applicable taxes, and to pay for permits, licenses, and fees required by the agencies with authority in the jurisdiction in which the work will be located, unless otherwise expressly provided by the Contract Documents.

13. Prior to beginning any work or delivering any equipment or material to be furnished under this bid proposal, the Bidder shall secure the appropriate Business License from the City of Madera.

Business license information may be obtained by calling (559) 661-5408.

Any Federal or State of California License/Certification required to provide the services will be required.

A Class A, General Engineering Contractor, or B, General Building Contractors License will be required. Insurance documentation in accordance with the Insurance Requirements for Contractors will also be required.

14. Bidder’s Proprietary Information: Upon bid opening, all documents provided by the successful Bidder shall become public record. All documents provided by any Bidders, other than the successful Bidder, shall become public record in their entirety and subject to disclosure. This shall also include but is not limited to documents for projects for which all bid proposals are rejected and projects for which an award is not made for any reason. In the event that one or more bid proposals are returned to the bidding parties, it is the intent of the City that such documents shall not become public records of the City unless required by the California Public Records Act or other provisions of law.

15. It is the City's policy to encourage the purchase of supplies, services and equipment from vendors located within the boundaries of the City. Local vendors are sellers, vendors, suppliers, and contractors who maintain places of business located within the limits of the City and who have a current City of Madera business license. The local vendor outreach policy shall not apply to those Agreements where State or Federal law, or other laws or regulations preclude such a preference.

Contractors will, to the greatest extent feasible, attempt to incorporate local area businesses as subcontractors and suppliers. Contractors will, upon request, provide records showing the outreach efforts made to local businesses to demonstrate that they have made a reasonable effort to inform local businesses of the opportunity.

16. All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the Contract throughout.

Insurance Requirements for Contractors
Without limiting Contractor’s indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide, and continuously maintain at its own expense during the term of the Agreement, and shall require any and all Subcontractors and Subconsultants of every Tier to obtain and maintain, policies of insurance of the type and amounts described below and in form satisfactory to the City.

Informal IFB 202526-06 Construction of Entrance Canopy
at the Madera Transit Center

Minimum Scope and Limits of Insurance
Contractor shall maintain limits no less than:
 $2,000,000 General Liability (including operations, products and completed operations) per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as Insurance Services Office (ISO) Commercial General Liability coverage form CG 00 01.

General liability policies shall be endorsed using ISO forms CG 20 10 and CG 20 37 to provide that the City and its officers, officials, employees, and agents shall be additional insureds under such policies. The additional insured coverage under the Contractor’s policy shall be primary and noncontributory and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13.
 $2,000,000 Automobile Liability combined single limit per accident for bodily injury or property damage at least as broad as ISO Form CA 00 01 for all activities of Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles. Automobile Liability policies shall be endorsed to provide that the City and its officers, officials, employees, and agents shall be additional insureds under such policies.
 Worker’s Compensation as required by the State of California and $1,000,000 Employer’s Liability per accident for bodily injury or disease. Contractor shall submit to the City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers.

Maintenance of Coverage
Contractor shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Contractor, his agents, representatives, employees, subcontractors or subconsultants as specified in this Agreement.

Proof of Insurance
Contractor shall provide to the City certificates of insurance and endorsements, as required, as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by the City prior to commencement of performance. Current evidence of insurance shall be kept on file with the City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

Acceptable Insurers
All insurance policies shall be issued by an insurance company currently authorized by the Insurance commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and a Financial Size Category Class VII (or larger), in accordance with the latest edition of Best’s Key Rating Guide.

Waiver of Subrogation
All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, and volunteers, or shall specifically allow Contractor, or others providing insurance evidence in compliance with these specifications, to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City and shall require similar written express waivers and insurance clauses from Informal IFB 202526-06 Construction of Entrance Canopy
at the Madera Transit Center

each of its subconsultants or subcontractors.

Enforcement of Contract Provisions (non estoppel)
Contractor acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City, nor does it waive any rights hereunder.

Specifications not Limiting
Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If Contractor maintains higher limits than the minimums required above, the entity shall be entitled to coverage at the higher limits maintained by Contractor.

Notice of Cancellation
Contractor agrees to oblige its insurance agent or broker and insurers to provide to the City with thirty (30) calendar days’ notice of cancellation (except for nonpayment for which ten (10) calendar days’ notice is required) or nonrenewal of coverage for each required coverage.

Self-insured Retentions
Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the City’s Risk Manager.

Timely Notice of Claims
Contractor shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional Insurance
Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgement may be necessary for its proper protection and prosecution of the Work.

Informal IFB 202526-06 Construction of Entrance Canopy
at the Madera Transit Center

Informal Invitation for Bid
No. 202526-06
for
Construction of Entrance Canopy at the Madera Transit Center Date Released: September 10, 2025
City of Madera
Bids are due prior to 4:00pm, October 15, 2025
Exhibit F
Table of Contents
NOTICE OF INFORMAL INVITATION FOR BID................................................................................................ 4 Introduction .................................................................................................................................................. 4 Description of Work...................................................................................................................................... 4 To Bid ............................................................................................................................................................ 4 Bid Submittal Date (Close date).................................................................................................................... 4 Bidder Questions........................................................................................................................................... 5 Pre-Bid Meeting ............................................................................................................................................ 5 Instructions to Bidders.................................................................................................................................. 5 Required Contractors Licenses ..................................................................................................................... 5 Bonding Requirements ................................................................................................................................. 6 Prevailing Wages........................................................................................................................................... 6 Bid Protest Procedures ................................................................................................................................. 7 Scope of Work and Specifications................................................................................................................. 8 Description of Bid Items................................................................................................................................ 8 Bidder Checklist ..........................................................................................................................................15 Bid Proposal Form.......................................................................................................................................16 Bid Schedule................................................................................................................................................17 Bid Proposal Signature Page .......................................................................................................................19 Subcontractor Listing ..................................................................................................................................20 Certification.................................................................................................................................................21 Noncollusion Affidavit................................................................................................................................. 22 Public Contract Code...................................................................................................................................23 Debarment and Suspension Certification....................................................................................................24 Equal Employment Opportunity Certification ............................................................................................25 California Air Resources Board (CARB) Off-Road Diesel Fleet Compliance (DOORS Certification) ............26 Disclosure of Conflict of Interest ................................................................................................................27 Reference Form...........................................................................................................................................28 Bid Bond......................................................................................................................................................29 Payment Bond.............................................................................................................................................30 Performance Bond......................................................................................................................................32 Standard Specifications And Plans..............................................................................................................34 General and Special Conditions..................................................................................................................34 Information for Bidders ..............................................................................................................................34 Exhibit F
Insurance Requirements for Contractors ...................................................................................................36 Attachments................................................................................................................................................39 Exhibit F

NOTICE OF INFORMAL INVITATION FOR BID
Construction of Entrance Canopy at the Madera Transit Center Informal Invitation for Bid (IFB) No. 202526-06
Introduction
Pursuant to California Uniform Public Construction Cost Accounting Act (CUPCCAA) for Projects Below CUPCCAA Bid Limits – PCC §22000, et seq., the City of Madera (“City”) hereby will be accepting sealed bids in response to this Informal IFB No. 202526-06 for the Construction of Entrance Canopy at the Madera Transit Center.

Description of Work
It is the City’s intent to solicit Contractor services to construct a new entrance canopy at the Madera Transit Center, located at 1951 Independence Drive, Madera, CA. Price is to include all parts and labor to complete the project. Labor is to be quoted and paid at prevailing wages.

Contractor shall provide, install and construct:
 Site clearing and grubbing
 Concrete footings, rebar, and dowels
 Canopy steel columns, steel plates, and anchor bolts
 Canopy roof framing
 Electrical conduit, wiring, and light fixtures
 Required painting
 Standing seam steel roof
 Rain Gutter with down spout
All construction shall comply with applicable Building Code requirements.

This project is funded by State of California, State of Good Repair (SGR) Funds and Public Transportation Modernization, Improvement, and Service Enhancement Account (PTMISEA) Funds.

The Engineers Opinion of Cost for this project is $82,500.

To Bid
Bidders must be registered on the City’s Informal Construction Bid List. Bidders are encouraged to register by following the instructions on Attachment A, 2025 Annual Invitation for California Uniform Public Construction Cost Accounting Act (CUPCCAA) Construction Bid List, or by visiting the link here:
https://www.madera.gov/wp-content/uploads/2024/02/City-of-Madera-CUPCCAA-Invitation-for-BidList-2024.pdf There is no fee to register as a bidder with the City.

Bid Submittal Date (Close date)
Electronic bids will be accepted on City bid forms provided by the City, until the time and date listed below. In the event this Informal Invitation for Bid is obtained through any means other than the City’s Informal IFB 202526-06 Construction of Entrance Canopy
at the Madera Transit Center
Exhibit F

distribution, the City will not be responsible for the completeness, accuracy or timeliness of the final bid document and may deem bid non-responsive.

All bids must be submitted through the City’s PlanetBids vendor portal no later than 4:00pm on October 15, 2025, at https://pbsystem.planetbids.com/portal/54016/portal-home.

Bidder Questions
Any questions related to this IFB shall be submitted through the City’s PlanetBids vendor portal at https://pbsystem.planetbids.com/portal/54016/portal-home no later than 5:00pm on October 1, 2025.

No oral or emailed question or inquiry about this IFB shall be accepted. No questions or inquiries should be directed to any individual(s) at the locations detailed in this document. All communications must be submitted in writing per the process described in this document.

Pre-Bid Meeting
There will be a pre-bid meeting at the Madera Transit Center, located at 1951 Independence Drive, Madera, CA at 10:00am on September 24, 2025.

Instructions to Bidders
To view or obtain a copy of this IFB by visiting or contacting any of the following:

City of Madera PlanetBids Vendor Portal
Website: https://pbsystem.planetbids.com/portal/54016/portal-home Construction Bidboard (Ebidboard), Phone: 800-479-5314
Website: www.ebidboard.com
Dodge Data & Analytics, Phone: 877-784-9556
Website: www.construction.com
Placer County Contractors Association & Builders Exchange, Phone: 916-771-7229 Website: www.pccamembers.com
Builders’ Exchange of San Joaquin, Phone: 209-478-1000
Website: http://www.bxsj.org
Central California Builders Exchange, Phone: 559-237-1831 Website: http://cencalbx.com/
Valley Builders Exchange. Phone: (209) 522-9031
Website: www.valleybx.com
Required Contractors Licenses
Each Bidder shall be a licensed contractor pursuant to the California Business and Professions Code §7028.15 and California Public Contract Code §3300 and shall be licensed in the following classification as required by the scope of work: Class A, General Engineering Contractor, or B General Building Contractor License. Any Bidder not meeting the license requirement(s) following the bid opening will be Informal IFB 202526-06 Construction of Entrance Canopy
at the Madera Transit Center
Exhibit F

rejected as nonresponsive. All Bidder’s license(s) must be active and in good standing at the time of the bid opening and must remain so throughout the term of the Contract.

Per Labor Code §1771.1, a contractor or subcontractor is not qualified to bid on, be last in a bid proposal for, or perform work on this project unless registered and qualified under Labor Code §1725.5.

Bidder qualifications – the contractor shall have experience in building public facilities similar to the canopy project.

The bidder shall have experience in the installation of metal roofing system similar to the canopy roofing system as specified.

Bonding Requirements
Bid security required in the amount of ten percent (10%) of the amount of the bid, and in the form of a bid bond issued by an admitted surety insurer licensed by the California Department of Insurance and certified by the US Bureau of Fiscal Service to conduct business in the state of California, cash, cashier's check, or certified check shall accompany the bids. Bid securities shall be made in favor of the City of Madera.

Payment Bond equal to one hundred percent (100%) of the Bid Security are required within 7 days of the Notice of Intent to Award on all projects valued at $25,000 and above.

Performance Bond equal to one hundred percent (100%) of the Bid Security are required within 7 days of the Notice of Intent to Award on all projects valued at $100,000 and above.

All bonds (Bid, Performance, and Payment) must be issued by a California admitted surety as defined in California Code of Civil Procedure section 995.120.

Prevailing Wages
The project is a public works project subject to California Labor Code §1770 et seq., The Director of Industrial Relations has determined the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the work is to be performed, for each craft, classification or type of worker needed to execute this contract. Per Diem wages shall be deemed to include employer payments for health and welfare, pension, vacation, apprenticeship or other training programs, and similar purposes.

The California DIR Public Works Contractors website is: http://www.dir.ca.gov/PublicWorks/Contractors.html. The rate of prevailing wage for any craft, classification, or type of workmanship to be employed on this Project is the rate established by the applicable collective bargaining agreement which rate so provided is hereby adopted by reference and shall be effective for the life of this Agreement or until the Director of the Department of Industrial Relations determines that another rate be adopted.

It shall be mandatory upon the selected contractor and on any subcontractor to pay not less than the said specified rates to all workers employed in the execution of this contract. Contractor shall post on site all required job site notices as prescribed by law or regulation.

Informal IFB 202526-06 Construction of Entrance Canopy
at the Madera Transit Center
Exhibit F