Madera City Council
February 18, 2026

LIMITED LICENSE TO ENTER AGREEMENT
THIS LIMITED LICENSE TO ENTER AGREEMENT (this “Agreement”), dated as of this _____ day of ____________, 2026 (“Agreement Date”) is made and entered into by and between the CITY OF MADERA, a municipal corporation ("City") and Rolfe Construction, Inc., a California corporation ("Licensee"). City and Licensee are sometimes hereinafter individually referred to as a “Party” and jointly as the “Parties”.

RECITALS
A. City owns that certain real property consisting of parcels located at 103 EAST YOSEMITE AVENUE in the City of MADERA (APN No. 007-101-011) and more specifically described on Exhibit “A” (“City Property”).

B. City and Licensee have agreed that Licensee may enter City Property for the purpose of specified below.

TERMS
NOW, THEREFORE, for good and valuable consideration, City and Licensee hereby agree as follows:

1. Grant. Subject to the terms of this Agreement, City grants to Licensee, at Licensee’s sole cost, expense and risk, a license to enter City Property for the limited purposes of staging for a project (“Staging Work”) to be used for Licensee to park vehicles and store materials and equipment for a project being undertaken. City shall have the right, but not the obligation, to have an employee present at all times of entry by Licensee, its agents, employees or contractors.

2. Term. This Agreement shall commence on the Agreement Date and terminate six (6) months from the Agreement Date unless sooner terminated pursuant to Section 8.

3. Consideration. As consideration for this Agreement, Licensee shall pay the non-refundable sum of One Thousand Five Hundred Dollars ($1,500.00) as of the Agreement Date (“Licensee Fee”).

Furthermore, Licensee shall also install at its sole cost and expense temporary fencing for the City Property that shall be gated and locked during non-working hours and provide providing traffic control and flag operators (during peak traffic hours).

4. Compliance with Law; Remediation Work. At Licensee’s sole cost and expense, Licensee shall promptly obtain all permits required by any applicable governmental City having jurisdiction and perform all Staging Work strictly in compliance with all applicable laws and the permits and in accordance with the plans and requirements approved by City including taking such steps as specified by City or its consultants to prevent the release of hazardous materials upon City Property. Notwithstanding the foregoing Licensee shall be liable for the cost to remediate all hazardous substances caused to be deposited by Licensee or anyone acting for, on behalf of, or under it during the term of possession of City Property under the Agreement.

5. Notice Prior to Entry. Prior to the initial entry onto City Property, Licensee shall provide the certificate of insurance pursuant to Section 9 and copies of all government permits in accordance with Section 4. Prior to each proposed entry, Licensee shall provide City with written request which shall include the date(s) and time(s), the specific purpose of intended entry, and the names and affiliations of the persons entering City Property. Upon entry, Licensee shall conduct all Staging Work in a diligent, expeditious and safe manner, and shall not allow any dangerous or hazardous conditions to exist on City Property at any time including after completion of the Staging Work.

6. Mechanic's Liens. Licensee shall keep City Property free and clear of all mechanic and materialmen's liens, lis pendens and other liens arising out of the entry and Staging Work performed under this Agreement.

7. Indemnity. Licensee shall indemnify, defend, and hold harmless the City, its officers, employees, agents and volunteers (“City indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Licensee’s performance of its obligations under this agreement or out of the operations conducted by Licensee, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Licensee’s performance of this agreement, the Licensee shall provide a defense to the City indemnitees, or at the City’s option, reimburse the City indemnitees their costs of defense, including reasonable legal counsels’ fees, incurred in defense of such claims.

8. Termination. If Licensee violates this Agreement, City may terminate this Agreement by providing written notice of such election to terminate Licensee, provided, however that Licensee’s obligations under Sections 4, 5, 6 & 7 as well as Sections 11 through 21, inclusive, shall survive termination. Licensee may elect to terminate this Agreement upon written notice to City, however, the License Fee shall not be prorated and shall be retained by City. Upon completion of the Staging Work, this Agreement shall terminate. At termination the Parties shall mutually inspect City Property and City shall confirm that City Property is in satisfactory condition so as to release Licensee from obligations.

9. Insurance. During the term of this Agreement, Licensee shall comply with the insurance requirements as described in Exhibit “B” -Insurance Requirements.

10. Assignment. Licensee may not assign this Agreement or any of its rights or obligations to any third party or entity without the prior written consent of City which may be withheld in its sole and absolute discretion. Notwithstanding the foregoing, Licensee may retain licensed contractors to enter the City Property and perform the Staging Work but Licensee shall remain fully liable for all acts of such contractors.

11. Notices. Any notices, demands or communications under this Agreement between the Parties shall be in writing, and may be given either by (i) personal service, (ii) overnight delivery, or (iii) mailing via United States mail, certified mail, postage prepaid, return receipt requested (“US Mail”), addressed to each Party as set forth on the signature page of this Agreement or such other address as may be furnished in writing by a party, and such notice or communication shall, if properly addressed, be deemed to have been given as of the date so delivered, or three (3) business days after deposit into the U.S. Mail.

12. Severability. If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.

13. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California. If any legal action is necessary to enforce the terms and conditions of this Agreement, the parties agree that a court of competent jurisdiction in Madera County shall be the sole venue and jurisdiction for the bringing of such action.

14. Legal Fees and Costs. In the event of any litigation or other legal proceeding including, but not limited to, arbitration or mediation between the parties arising from this Agreement, the prevailing Party will be entitled to recover, in addition to any other relief awarded or granted, its reasonable costs and expenses (including attorney’s fees) incurred in the proceeding.

15. Final Agreement. This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement supersedes all prior agreements and understandings between the Parties with respect to the subject matter of this Agreement.

16. Construction. In determining the meaning of, or resolving any ambiguity with respect to, any word, phrase or provision of this Agreement, no uncertainty or ambiguity shall be construed or resolved against a party under any rule of construction, including the party primarily responsible for the drafting and preparation of this Agreement. Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.

17. Modifications in Writing. Any modification or amendment of any provision of this Agreement must be in writing and bear the signature of the duly authorized representatives of Licensee and City.

18. No Waiver. The failure of a Party to enforce any term, covenant, or condition of this Agreement on the date it is to be performed shall not be construed as a waiver of that Party’s right to enforce this, or any other, term, covenant, or condition of this Agreement at any later date or as a waiver of any term, covenant, or condition of this Agreement.

19. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall be deemed but one and the same instrument, and a facsimile copy of such execution shall be deemed an original.

20. Incorporation of Recitals and Exhibit. The Recitals and Exhibit “A” are hereby incorporated into the Agreement and made a part thereof by this reference.

21. Qualification; Authority. Each individual executing this Agreement on behalf Licensee represents, warrants and covenants to City that (a) such person is duly authorized to execute and deliver this Agreement on behalf of such entity in accordance with authority granted under the organizational documents of such entity, and (b) such entity is bound under the terms of this Agreement.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on the dates hereinafter respectively set forth.
“LICENSEE” “CITY”
Rolfe Construction, Inc., a California corporation
By: ___________________________
Its: ________________________

Dated: _________________, 2026
Address for Notice:

Dennis Rolfe
Rolfe Construction, Inc.
3573 Southern Pacific Ave.

Atwater, CA 95301
CITY OF MADERA, a municipal corporation
By: ___________________________
Its: ________________________
Dated: _________________, 2026
Address for Notice:

City of MADERA
Arnoldo Rodriguez City Manager
205 West 4th Street
Madera, CA 93637

Exhibit “A”

LEGAL DESCRIPTION OF CITY PROPERTY
That certain real property in the City of MADERA, County of Madera, State of California, legally described as follows:

For APN/Parcel ID(s): 007-101-011

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF MADERA, COUNTY OF MADERA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

Lots 5, 6 and 7 in Block 39 of the Town, now city of Madera, according to map entitled, "Map of the Town of Madera", filed and recorded in the office of the Fresno County Recorder, CA,, 3-1-1887, in Vol. 3 of Maps at page 40.

EXCEPTING THEREFROM the Northwesterly 18.35 feet of Lot 5, and All that portion of Lot 5 in Block 39, City of Madera, as shown and designated on map recorded in Vol. 3 of Maps, page 49, Records of Fresno County, CA, bounded and described as follows:

Beginning at a point on the Northeasterly line of said Lot 5, 18.35 feet SE of the Northeasterly corner of said Lot 5, thence Southwesterly along a line parallel to the Northwesterly line of Lot 5, a distance of 96.8 feet, thence Northwesterly along a line parallel to the Northeasterly line of Lot 5, a distance of 7.45 feet, thence Northeasterly along a line parallel to the Northwesterly line of Lot 5, a distance of 68.7 feet, thence Southeasterly along a line parallel to the Northeasterly line of Lot 5, a distance of 7.2 feet, thence Northeasterly along a line parallel to the Northwesterly line of Lot 5, a distance of 28.1 feet, thence Southeasterly along the Northeasterly line of Lot 5, a distance of .25 feet to the point of beginning.

Exhibit “B”

INSURANCE REQUIREMENTS

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.

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.
 $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, along with a waiver of subrogation endorsement for workers’ compensation. 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. Agency 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 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.

REPORT TO CITY COUNCIL
Late Distribution Notice
DATE: February 12, 2026
TO: Mayor and City Councilmembers
FROM: Harpiar Gandhi, Public Works Director
SUBJECT: February 18, 2026 City Council Meeting
Late Distribution Report for Agreement with Backflow Solutions, Inc. (BSI) Additional time is needed to complete, review, and finalize the report for Item B-16 Agreement with Backflow Solutions, Inc. (BSI), the report will be distributed as soon as it is available. Thank you for your understanding.

RETURN TO AGENDA

REPORT TO THE CITY COUNCIL
Approved by: Council Meeting of: February 18, 2026
_________________________________ Agenda Number:

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

Workshop – Discussion and Direction regarding City Private Domestic Water Well Permitting Regulations and Policies
RECOMMENDATION:

This report is submitted for Discussion and Direction regarding City Private Domestic Water Well Permitting Regulations and Policies
SUMMARY:

The City regularly receives requests for authorization to drill new water wells or to drill a replacement well as a result of an existing well going dry or becoming non-functional due to any number of reasons other than a declining water table. These requests originate from three separate geographical areas that include: (1) Areas within the incorporated City limits; (2) Areas within 500 feet of the City limits and located within the City’s Sphere of Influence (SOI); and, (3) Areas outside 500 feet of the City limits and located within the City’s SOI.

All well permitting for construction, alteration, or destruction of groundwater wells for properties within the County (including those within the City limits) are processed and issued by the County (including the County Department of Environmental Health) which acts as the Local Enforcement Agency (LEA). When a property owner is seeking a well permit within any of these three geographical areas described above, either: (1) County staff notify City staff when an application has been filed and request the City authorize or provide a determination of support or opposition (and/or comments) for consideration by the County and prior to issuance of a well permit; or, (2) Property owners/customers are referred to the City by County staff to independently seek a determination from the City regarding authorization, support or opposition for/to the approval of a proposed well permit prior to submitting an application to the County (and paying associated fees, etc.).

C-1

RETURN TO AGENDA
Staff requests the Council consider City private domestic water well permitting regulations and policies and provide staff with direction in order to: (1) Facilitate better efficiency for purposes of ensuring expediency in the provision and/or maintenance of critical water resource availability; (2) Provide greater certainty to assist customers and interests in the City and County make informed land use decisions and investments; and, (3) Implement policy measures which contribute to achieving the goals and objectives of the City General, Regional & Urban Water Management, System Master and Groundwater Sustainability Plans.

BACKGROUND/ANALYSIS:

Local Regulatory Setting:

County of Madera:

As the Local Enforcement Agency (LEA), the County administers an ordinance for the construction, maintenance, abandonment, or destruction of water wells. The Madera County Code (MCC) includes regulations pertaining to well permits (MCC § 13.52.030.B. et seq.), which prohibit issuance of well permits within 500 feet of the public (City) water system; except:
a. As required by the affected public (City) water system; or, b. When an existing well serving the parcel that is not currently connected to the affected public (City) water system needs to be replaced or deepened and the applicable service area or public water system is under a connection ban. The parcel owner may apply for a permit from the director of environmental health to replace or deepen the existing well. c. When the public water system does not agree to provide service for domestic and/or fire flow purposes to the parcel within ten days of submittal of a written application for service.

For properties within 500 feet of the City’s public water system, these provisions serve as the mechanism for the County to refer well permits to the City (the public water system) as well as an authority to the City to approve or conditionally approve the issuance of any such well permits.

In the interest of coordination between local agencies, the County also refers requests for well permits for areas outside 500 feet of the City limits but located within the City’s Sphere of Influence (SOI) to the City for review, consideration and comment, as a courtesy.

City of Madera:

Although the goals and policies of the General Plan provide the City shall enforce high environmental standards and seek to protect the quality and quantity of groundwater resources, including those which serve households and businesses which rely on private wells, there are no statutory provisions, regulations, or standards pertaining to private wells contained within the City Municipal Code (CMC) nor are there formal policies or implementation measures which have been adopted by the City for purposes of consideration and evaluation of these private well permit applications.

This General Plan addresses a “Planning Area” that extends outside the current city limits (see Attachment 1). This Planning Area was defined during the initial stages of the 2008/2009 General Plan Update and represents the area which the City envisions may ultimately be included either in a Sphere of Influence or in the incorporated city limits. Outside the city limits, this General Plan is purely advisory, although it does provide a statement of the uses the City desires in these areas.

While the City has no jurisdiction over these areas, it can advise the County of Madera on land use policy, and can provide input to the County on projects taking place in the Planning Area.

Land Use Policies LU-10, LU-12 & LU-17 of the General Plan pertain to the (Urban) Growth Boundary, which is shown on the Land Use Map in the General Plan (Attachment 2) and which is considered by the City to define the physical limits of development for the City.

Collectively, these General Plan policies provide the City shall direct all future growth in Madera and in the unincorporated area outside the city limits to occur inside the Growth Boundary. The City shall plan and install infrastructure to serve only the area inside the Growth Boundary; with specific exceptions only made through a comprehensive update to the General Plan and when the Council finds there is a need to address a clear public health or safety need and that infrastructure provided is sized to the minimum level necessary in order to reduce any excess capacity that could be used to support additional growth outside the boundary.

More specifically, Policy LU-17 states it is the policy of the City that any lands in the Planning Area outside of the City which are proposed to be converted from agricultural use should be annexed to the City before development. The City encourages the County to assist in the implementation of this policy by taking the following actions:
 Discouraging the subdivision of unincorporated land within the Planning Area to parcel sizes less than twenty acres.
 Directing all new urban development within the Growth Boundary (development that would typically be expected to connect to community sewer and water systems) to annex into the City and by supporting annexation applications at the Local Agency Formation Commission.

The City’s General Plan also contains policies pertaining to Infrastructure and Water Service, expansion and the protection of groundwater resources:
 Policy CI-44 provides, public facilities should be phased in a logical manner which avoids “leap-frog” development and encourages the orderly development of roadways, water and sewer, and other public facilities. The City shall not provide public financing or assistance for projects that do not comply with City master plans.  Policy CI-53 provides, water supply and delivery systems shall be available in time to meet the demand created by new development, or shall be assured through the use of bonds or other sureties to the City’s satisfaction.
 Policy CI-55 provides, the City shall seek to protect the quality and quantity of groundwater resources, including those which serve households and businesses which rely on private wells.

City & County of Madera:

The existing and a proposed Urban Growth Boundary is also depicted and referenced within the Tax Sharing Agreement (TSA) between the City and the County ra, wherein it is utilized as the mechanism for referral to the City for “Urban Development Projects” (i.e., discretionary applications requiring approval by the County Planning Commission or Board of Supervisors), which may be contemplated by property owners or developers outside the City limits but within the Growth Boundary, for consideration of annexation.

Upon receipt of such a referral for consideration of annexation, the City must decide whether to adopt a resolution of intent to annex and then take action to prezone the property and process the project application. If a resolution of intent to annex is not adopted the City has two options:

1. Determine the project is consistent with the City’s General Plan, in which case, the County may proceed with its consideration and approval of the Urban Development Project. In those instances the County shall require that the project be developed in conformance with City standards to the extent allowed by law; or,

2. Determine the project is not consistent with the City’s General Plan, in which case, the project shall not proceed in either the City or the County.

The TSA also provides that except in circumstances where both parties agree, land division proposing parcels less than 20 acres in area which are referred to the City for consideration of annexation will be found to be inconsistent with the City’s General Plan and shall therefore not be approved. Typical basis for an exception would include division of a previously developed property or creation of a single-family home site on an agricultural parcel of larger than 20 acres.

State of California Regulatory Setting:

The California Water Code includes declarations of policies of the State, which include but are not limited to the following:
 The use of water for domestic purposes is the highest use of water and the next highest use is irrigation (CA Water Code § 106).
 Every human being has the right to safe, clean, affordable, and accessible water adequate for human consumption, cooking and sanitary purposes (CA Water Code § 106.3[a]); excepting water supplies for new development (CA Water Code § 106.3[d]) and implementation shall not infringe on the rights or responsibilities of any public water system.
 Groundwater resources shall be managed sustainably for long-term reliability and multiple economic, social, and environmental benefits for current and future beneficial uses. Sustainable groundwater management is best achieved locally through the development, implementation, and updating of plans and programs based on the best available science (CA Water Code § 113).

The California Water Code does require local governments to adopt well drilling and abandonment ordinances that meet or exceed the State’s minimum standards. Where a local jurisdiction fails to adopt an ordinance, the State’s model ordinance applies. It should be noted however that the State’s minimum standards pertain primarily to protection against contamination hazards and groundwater quality degradation (e.g., preventing pollutants, contaminants and water to enter bore or well casings, from moving between casings and borehole walls or moving from one stratum or aquifer to another as well as preventing illegal waste disposal).

There is no California statute which dictates that local governments must issue or cannot deny well permits (although there have been proposals which have attempted to limit local discretion).

Temporary Executive Orders issued during recent drought emergencies (e.g., EO N-7-22 / N-3- 23) were terminated in 2024. Local permitting and standards still govern consideration (including denial, restrictions or conditions) of domestic well permits subject to the State’s minimum requirements/standards.

Discussion:

Each area along with factors such as proximity to available City public water services, the type and intensity of any existing or proposed use or development for which the well is required as well as potential demand can play a role in what the City response can or should be.

Issues/Concerns:

Requests to redrill wells are, by their inherent nature, fraught with a sense of urgency and stress on the part of parcel owners. These requests, when received, are most often the result of a dry well or the imminent threat of a well going dry. In other instances, vacant undeveloped parcels are purchased without advisement or the purchaser having been informed that certain uses and/or well drilling may not be supported by the City if inconsistent with the General Plan (or depending on circumstances, there is an intent by the City to annex territory) or City services are located within reasonable proximity. These are meaningful issues which require the expedience of objective consideration and/or which would benefit considerably from formally adopted policy or direction setting forth clear and equitable expectations and standards by the City respective to the issuance of private domestic well permits.

Private well use does have the potential to negatively impact municipal water supplies by increasing demand on local aquifers, potentially lowering water tables and reducing the overall water availability in the area as well as the long-term sustainability of supply. Excessive pumping and overdraft contribute to land subsidence. Furthermore, well drilling can lead to temporary water quality issues like increased turbidity or sediment in the system. While private wells themselves are not directly connected and do not directly contaminate municipal systems, they can be susceptible to contamination from heavy metals, nitrates, pesticides and chemicals and nearby sources like septic systems, which can indirectly affect the overall water quality in the area, including the broader aquifer used by the public system.

Private wells are not typically subject to the same level of regulation and monitoring as public water systems under the federal Safe Drinking Water Act. This means that the quality of water from private wells might not be regularly tested, leaving users potentially unaware of contaminants that could impact their health.

Property owners bear the burden and cost of well drilling as well as repair and reconditioning.

However, costs associated with maintenance and longevity of private wells can often exceed what property owners are able to afford, leading to needs for assistance. Allowances for drilling new private domestic water wells, especially for new development, circumvents participation in expansions and connections to the public system which is intended .

These issues related to overdraft, contamination and health risks as well as the resultant potential to create greater needs or demands for governmental assistance also raise fiscal concerns for municipalities stemming from the potential need to divert additional limited resources and the creation of additional costs for the public system and local agencies.

Considerations:

California cities often oppose or restrict the use of private water wells for reasons stemming from the issues and concerns generally outlined above and by a desire to protect the overall groundwater resource, ensure the safety of drinking water, and maintain efficient and equitable management of public water supply systems.

Having clearly defined and codified standards or adopted policy pertaining to private domestic water wells can contribute to the City’s ability to ensure the near- and long-term availability of adequate, reliable and quality water resources as well as the ability to deliver such resources to consumers in a responsible manner, which is consistent with the goals of the City General and Groundwater Sustainability Plans.

The following is a summary of common components included in city and county ordinances within the Central Valley governing the permitting of domestic water wells (and which are not currently codified or adopted as formal policy in the City):
 Prohibitions. Some city codes expressly prohibit new private domestic water wells within city limits, reserving municipal supply as the sole permitted source. o Such prohibitions may be afforded limited exceptions when water mains are not in place adjacent to the property involved and it is economically infeasible to extend City water mains to serve the property.
o Exceptions may include domestic wells producing volumes less than a specified measure in acre-feet/year for individual household use (e.g., less than 2-acre feet/year).
o Exceptions may be contingent upon execution of legal agreements requiring immediate abandonment/destruction of the well and connection to the public system following installation of water mains.
o Additional scrutiny (including but not limited to special reports) or more strict prohibitions or separation standards are typically incorporated for large-diameter (bore), high-capacity wells (i.e., greater than 8 inches in diameter and intended to produce more than 2 acre-feet/year).
 Minimum Separations. Many local well ordinances require specific minimum distances between a proposed new well and existing wells, often structured to reduce potential hydraulic interference between wells (drawdown impacts), cross-contamination risks and operational conflicts.
o Some codes forbid drilling within several hundred feet of an existing public or private well unless interference tests or engineering justification are provided.

Some allow closer spacing only with special testing (e.g., pumping tests) or engineering review.
o Some codes also specify horizontal separation distances from property lines (setbacks).
 Timing. Cities generally treat annexation or domestic water well failure events as triggers requiring mandatory connection to city utilities. After annexation into a city’s service area or upon failure of an existing domestic water well requiring a permit to redrill or recondition the existing well:
o Properties served by domestic wells may be required to connect to the city’s public water system within a defined timeframe from annexation or based upon proximity to available public water mains nearby (e.g., 300 feet), o Existing private wells may need to be abandoned post-connection, and o No new private domestic well drilling may be permitted if public water mains are adjacent or available, absent a documented infeasibility.  Findings. Local ordinances and state law commonly allow or require denial if a proposed well:
o Fails to meet mandatory minimum separation or setback standards (e.g., proximity to or separation from other wells or contamination sources) o Is located where adequate municipal water service is available and connection is required.
o Creates a conflict with sustainable groundwater management goals or would likely interfere with existing wells or contribute to subsidence. o Is inconsistent with general plan policies, public health standards, or local environmental protection objectives.
o Threatens water quality or public health, (e.g., by allowing contamination or unacceptable risk pathways).
o Some jurisdictions explicitly state that a well permit may be denied if issuance is not in the public interest or poses a risk to health, safety, or water resources.

FINANCIAL IMPACT:

This report has not attempted to quantify the magnitude of fiscal concerns stemming from the potential need to divert additional limited resources and the creation of additional costs for the public system and local agencies from the permitting of private domestic water wells either within the City limits or within the City’s Sphere of Influence.

As such, dollar values cannot be estimated in advance of measures being implemented. Private property owners would be responsible for drilling, reconditioning or maintenance of private domestic water wells (with exceptions potentially available based upon qualification for assistance through a Domestic Well Mitigation Program [DWMP] potentially funded through the Water Fund as part of the next rate study).

Relative to parcels that are connected to the City’s water system, there is no financial impact to the General Fund. Similar to any other developments, however, the collection of fees for water well and pipe may not be comparable to the actual proportional cost of installing those improvements.

ALTERNATIVES:

1. Direct staff to return at a future City Council meeting with a Resolution of the City Council approving a City of Madera policy for private domestic water wells within the City of Madera Urban Growth Boundary.

2. Direct staff to initiate procedures for a text amendment to the City Municipal Code and return at a future City Council meeting with an Ordinance of the City Council adding regulations pertaining to private domestic water wells within the City limits.

3. Provide staff with other alternative directives.

4. Take no further action.

ATTACHMENTS:

1. General Plan Planning Area

2. General Plan Land Use Map
ATTACHMENT 1
General Plan Planning Area
Amended SOI
ATTACHMENT 2
General Plan Land Use Map
0 0.512Miles
OriginallyadoptedonOctober7,2009-CityCouncilReso.No.09-243.

AmendedApril20,2011-Reso.No.11-93
AmendedNovember5,2014-Reso.No.14-200
AmendedMarch4,2015-Reso.No.15-43
AmendedJanuary6,2016-Reso.No.16-03
AmendedFebruary7,2016-Reso.No.16-19
AmendedMarch16,2016-Reso.No.16-32
AmendedFebruary1,2017-Reso.No.17-21
AmendedNovember1,2017-Reso.No.17-167
AmendedSeptember19,2018-Reso.No.18-183
AmendedFebruary6,2019-Reso.No.19-31
AmendedOctober16,2019-Reso.No.19-180
AmendedJune17,2020-Reso.No.20-90
AmendedFebruary16,2022-Reso.No.22-22
AmendedApril5,2023-Reso.No.23-38
AmendedMay1,2024-Reso.No.24-62
AmendedJanuary15,2025-Reso.No.25-01
ThisCityofMaderaGeneralPlanLandUse
Mapisherebyadoptedon_____________
byMaderaCityCouncilRes.No._______.

Signed___________________________,
Dated:__________
AliciaGonzalez,CityClerk
Signed___________________________,
Dated:__________
WillTackett,CommunityDevelopmentDirector
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Granada Drive
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Tozer Street
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CityofMadera
GeneralPlan
LandUseMap
GeneralPlan
LandUseDesignations
VLD-VeryLowDensityResidential
LD-LowDensityResidential
MD-MediumDensityResidential
HD-HighDensityResidential
I-Industrial
O-Office
C-Commercial
P&SP-OtherPublicandSemi-PublicUses
OS-OpenSpace
RC-ResourceConservation/Agriculture
VMU-VillageMixedUse
VR-VillageReserve
NMU-NeighborhoodMixedUse
SPA-SpecificPlan
Transportation
StateHwy99
Railroads
OtherRoads
MajorRoads
CityLimits
UrbanGrowthBoundary
SphereofInfluence

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: February 18, 2026
_________________________________ Agenda Number: ___________ Michael Lima, Director of Financial Services
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Micro Transit Feasibility Study, Flexlynqs LLC Presentation RECOMMENDATION:

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

The City entered into an Agreement for consultation services to develop a Micro-Transit Feasibility Study of the Madera Transit Services with Flexlynqs, LLC. (Consultant) on June 18, 2025. The study is designed to determine the feasibility of incorporating micro-transit into the City public transit system. This is to be determined through and systems assessment and community engagement.

This item is intended is an update by the Consultant on the progress of the study.

DISCUSSION:

Flexlynqs is responsible for the management of the project’s tasks and its timelines. Table 1 provides an overview of the deliverables and timelines.

Table 1: Project Tasks and Timeline
Task Timeline
Analyzing Existing Conditions September 2025
Phase 1: Outreach November 2025
Analysis October 2025 – April 2026
Phase 2: Outreach March 2026
Final Recommendations April 2026
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Flexlynqs will provide a presentation that includes an overview of the project, findings to date, and share Next Steps.

FINANCIAL IMPACT:

Transit expenses and personnel time are paid for by Federal Transit Authority, State of California, and local annual allocations of State of Good repair, Low Carbon Transit Operations Program, Local Transportation Fund, and Measure T monies. This study is being paid with Measure T funds.

The agreement is for $198,505 and this updated was included as part of the feasibility study.

ALTERNATIVES:

This item is for informational purposes only.

ATTACHMENTS:

1. Flexlynqs Presentation
Madera Metro
Microtransit
Feasibility Study
February 6, 2026
What is the Madera Microtransit Feasibility Study?
2 The City of Madera is studying ways to
improve Madera Metro Fixed Route
and Dial-A-Ride services to:
• Explore new transit service types
like on-demand microtransit
• Ensure system design meets
community needs
• Evaluate cost-effectiveness of
service
What is that?
Think of it like a shared Uber;
door-to-door service when you
need it for one low price.

Project Overview
Existing
Conditions
Initial analysis of
demographics, transit
operating
characteristics and
service design.

Phase 1
Outreach
Initial feedback from the
community on how you
interact with transit and
where the opportunities
lie.

Analysis
Modeling conceptual
alternatives, exploring
best practices, and
identifying potential
solutions
Phase 2
Outreach
Getting feedback on
potential on-demand
alternatives and
implementation strategies.

Final
Recommendations
Fine tuning the
recommended approach
for changes to Madera
Metro to improve
ridership efficiency.
3 We are here!
Existing Transit Network
4 ● 4 Madera Metro Fixed
Routes
● Madera Metro Dial-aride
Blue zone = city
boundaries
What the Numbers are Telling Us
5 Q2 – FY 25/26 Passengers Expenses $/trip Trips/Hour $/hour Fixed Route 15,837 $338,836 $20.12 4.34 $87.30
DAR/ADA 5,921 $261,862 $44.23 2.48 $109.58
TOTAL 22,758 $600,698 $26.40 3.37 $95.79
What the Numbers are Telling Us
6 0
1,000
2,000
3,000
4,000
5,000
6,000
7,000
Q1 FY24/25 Q2 FY24/25 Q3 FY24/25 Q4 FY24/25 Q1 FY25/26 Q2 FY25/26 DAR and Paratransit Ridership by Fiscal
Quarter
ADA Paratransit DAR
0 5,000
10,000
15,000
20,000
25,000
Q1 FY24/25 Q2 FY24/25 Q3 FY24/25 Q4 FY24/25 Q1 FY25/26 Q2 FY25/26 Fixed Route Ridership by Fiscal Quarter
Fixed Route
What We've Heard
7 What We've Heard
8 What We Still Want to Know
9 ● Will pivoting to an
entirely On-Demand
Microtransit system
work for you?
● What would make this
type of service more or
less attractive to you?
What We Still Want to Know
10 ● Would you consider
on-demand service for
supporting your early
morning, evening, or
weekend travel needs?
● Would you rather
maintain bus routes? If
so, why?
Next Steps
11 1. Consider community input

2. Revise conceptual
alternatives as needed

3. Determine final
recommendation featuring
either new on-demand
service or modified fixed
bus routes with ondemand service
12 Make your voice heard!
Scan the QR code or visit our website:
https://maderametrostudy.com/

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: February 18, 2026
_________________________________ Agenda Number: ___________ Keith Helmuth, City Engineer
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Caltrans Highway Capital Preventive Maintenance (CAPM) Project 06-0Y180 on State Route 145 (Project) Update Relative to Business Owner Impacts
RECOMMENDATION:

This report has been prepared at the direction of the City Council (Council), therefore there is no staff recommendation provided. Council is asked to consider the information and provide further direction at its discretion.

SUMMARY:

At the request of City Council (Council), this report has been prepared. The purpose of this report is to provide an update on the actions taken by Caltrans and the City to mitigate construction impacts and or prepare businesses and other property owners for construction activities.

DISCUSSION:

The Project, which is planned to begin construction on or around May 15, extends from about Avenue 13 (Pecan Avenue) to a point several hundred feet east of Storey Road. While the bulk of the project is reconstruction of the paved surface and installation of sidewalks, the portion within downtown from E Street to Lake Street includes more extensive design features such as:
 Roundabouts  New sidewalk in areas where missing
 Bike lanes  Widened sidewalks in certain downtown locations  Bus stops  Landscaping in new medians and sidewalk areas  Lighting  Rectangular Rapid Flashing Beacons (RRFBs) Given downtown Madera is home to many businesses immediately adjacent to Yosemite Avenue, there is understandable concern by those same businesses relative to their impacts on customers and their ability to operate.

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Caltrans has, however, been quite receptive to City and community concerns. As such, Caltrans prepared drawings and traffic control plans with the intent of minimizing impacts that are typically common on road construction projects. These impacts can include increased difficulty in accessing a business, reduced traffic on the main road as drivers seek to avoid potential slowdowns and, in some cases, loss or reduction in available parking. This project unfortunately includes many and possibly all of these possible impacts when considering the downtown portion of the project.

While the impacts may not be avoidable, the degree to which they are felt, can be minimized to some extent through additional planning. Examples include:
 Ensuring one travel lane in each direction during construction – This is one of the goals of the traffic control plans. Full closures will be limited to those times when there is no other alternative. To the degree possible, it is staff’s understanding that many of those will occur as part of might work.
 Night work to avoid delays
 Advance notice to businesses of when construction would begin  Outreach to the community to alert them to the proposed work plan o Staff has met with representatives of the Madera Downtown Association on at least three occasions at formal meetings to discuss the project and any questions attendees may have had at that time
o Caltrans staff has met with representatives of the Madera Downtown Association on at least two occasions at formal meetings that City staff is aware to discuss the project and any questions attendees may have had at that time While it is staff’s hope that Caltrans staff can attend this meeting, staff does not, at present, have certainty of this. Staff continues to reach out to Caltrans to obtain addition information that may assist in this update.

FINANCIAL IMPACT:

There are no impacts to the City's General Fund as a result of this update.

ALTERNATIVES:

This report does not make recommendations to which there may be alternatives.

ATTACHMENTS:

1. None

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: February 18, 2026
_________________________________ Agenda Number:

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

Informational report on the Madera Metro Transit System RECOMMENDATION:

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

This report provides an overview of the City’s transit system performance for the 2nd quarter of Fiscal Year 2025/26, covering the months of October, November and December. Data indicates a decrease in ridership compared to the 1st quarter of the fiscal year.

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

DISCUSSION:

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

City staff works closely with MV Public Transportation, Inc. (MVPTI) to ensure efficient delivery of public transit services. There are also projects underway to support an efficient Madera Metro transit system.

Madera Metro Reporting
As part of its management responsibilities, MVPTI provides the City with monthly performance reports, which are key for assessing transit service effectiveness. Among key data is ridership. for: E-3

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Table 1 summarizes the weekday ridership data collected between October 1 and December 31, 2025. Weekend ridership counts are also collected. Table 2 provides a summary of this data.

Table 1: Quarter 2 Summary of Weekday Ridership (October 1 – December 31, 2025) Month
Route
DAR
ADA/
Paratransit
Total
Passenger
Counts 1/Purple 2/Orange 3/Green 4/Blue
October 3,448 2,262 608 253 1,863 307 8,741
November 2,507 1,390 270 152 1,499 278 6,096
December 2,413 1,664 514 196 1,412 258 6,457
Total 8,368 5,316 1,392 601 4,774 843 21,294
Fixed Route
Only Total 15,677 5,617
Weekend services are only offered through the Purple and Orange Lines and Dial-A-Ride. Table 2 reflects the passenger totals during Quarter 2.

For comparison, the ridership total for Quarter 2 (Oct., Nov., Dec.) during FY 2024/25 was 23,119, while the ridership total for Quarter 2 during FY 2025/26 was 21,294. This is a nine percent decrease in ridership.

Table 2: Quarter 2 Summary of Weekend Ridership (October 1 – December 31, 2025) Month
Route
DAR
ADA/
Paratransit
Total
Passenger
Counts 1/Purple 2/Orange
October 283 168 93 0 544
November 320 94 106 0 520
December 182 113 105 0 400
Totals 785 375 304 0 1,464
Fixed Route
Only Total 1,160 304
Table 3: Year-to-Date Summary of All Ridership (July 1 – December 31, 2025) Month
Route
DAR
ADA/
Paratransit
Total
Passenger
Counts 1/Purple 2/Orange 3/Green 4/Blue
July 3,420 2,523 521 275 945 155 7,839
August 3,112 2,476 1,074 328 1,376 167 8,533
September 3,430 2,303 853 253 1,814 309 8,962
October 3,448 2,262 608 253 1,863 307 8,741
November 2,507 1,390 270 152 1,499 278 6,096
December 2,413 1,664 514 196 1,412 258 6,457
Totals 18,330 12,618 3,840 1,457 8,909 1,474 46,628
Fixed
Route
Only Total
36,245 10,383
Between July 1 and December 31, 2024, Madera Metro served 44,331 passengers. The ridership total for the same time period this fiscal year is 46,628, a 5% increase in ridership (2,297 passengers). DAR has seen also experienced an increase of 1,739 passengers in the first half of this fiscal year compared to the first half of last fiscal year.

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

Fleet Performance, Driver Management, and Customer Feedback MVPTI provided the following updates regarding fleet performance, driver issues, and customer feedback for the reporting period:

Table 4: Quarter 2 On-Time Performance (October 1 – December 31, 2024) October November December
Fixed Route 98% 96% 98%
Dial -A-Ride 89% 86% 87%
ADA Vans 93% 89% 96%
▪ Fleet Performance
• There was one mechanical failure that led to a tow during the quarter. • There was one accident reported this quarter.
▪ Driver Management:
• Four new hires were integrated into transit services. • MV Staff received training on Distracted Drivers, Blind Spots and Using Proper Body Mechanics.
▪ Driver Assaults:
• Two verbal assaults were experienced by drivers in December. Both verbal assaults were from the same passenger and each assault was documented. As per the Code of Conduct, the passenger was prohibited from using transit services. ▪ Customer Feedback: No complaints were received during Quarter 2.

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

Expenditures
The City spent $589,198 for Fixed Route service and $430,950 for DAR during the second quarter of FY 2025/26. During the reporting period, transit-related expenditures were paid using Federal Transit Administration (FTA) grant funds and State transportation funds, including State Transit Assistance (STA).

Madera Metro Special Events
Madera Metro provides transit support for various City-sponsored events throughout the year, assisting with transportation for event participants.
▪ On December 5, 2025, Madera Metro participated in the Downtown Christmas Lights Parade.
▪ On December 19, 2025, Madera Metro dispatched 10 transit buses to support the popular Jolley Trolly community event. There was a total of 134 participants.

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

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

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

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

Madera Metro Project Updates
Several transit-related projects aimed at enhancing Madera Metro’s services are currently in progress. These initiatives focus on improving service quality, accessibility, and efficiency to better serve the Madera community. Table 5 provides a detailed status update on each project:

FINANCIAL IMPACT:

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

ALTERNATIVES:

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

ATTACHMENTS:

None.

Table 5: Summary of Madera Metro Project Progress
Item Project Progress Next Steps
Renovation of
the Intermodal
Transit Facility
This project remains in Phase III
– Construction Documents.

In progress. Contractor is reviewing
plan specifications. The next step is
to release an RFP.

Micro-transit
Feasibility Study
Staff meetings at minimum biweekly with the contractor.

Contractor will present current
progress to Council on February 18,
2026.

Canopy
Installation
Installation of the canopy at the
Transit Center is underway.

Contractor is working according to
schedule. Anticipated completion
date is no later than May 2026.

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: February 18, 2026
Agenda Number: ___________
________________________________
Joseph Hebert, Parks & Community Services Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
4 th of July Celebration
RECOMMENDATION:

This report was prepared at the direction of the City Council (Council) for informational purposes.

No staff recommendation or Council action is requested; however, Council may provide direction if desired.

SUMMARY:

During the February 4, 2026, Council meeting, Council requested that staff prepare an update regarding the Fourth of July Celebration and fireworks display.

This report provides a historic overview of the event and serves as a foundation for discussion regarding the City’s role in recent years following its reintroduction by the Greater Madera Kiwanis Club.

DISCUSSION:

The history of the City’s 4th of July celebration is a story of community pride, early 20th-century rivalry, and modern-day perseverance.

The Early Years: The 1903 Snub and 1904 Rebirth
▪ The 1903 "Deserted Streets": In 1903, the City famously failed to hold an official Independence Day observance. While neighboring towns like Coarsegold celebrated "in fine fashion," Madera’s streets were reportedly "absolutely bare," a source of embarrassment for local business leaders.

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▪ The 1904 "Elaborate" Parade: Determined to never repeat the 1903 failure, Madera hosted a massive celebration in 1904. It featured an elaborate parade down Yosemite Avenue with floats and bands from as far as Fresno, Merced, and Modesto. ▪ Victorian Comforts: During these early celebrations, city organizers distributed ice water barrels along the parade route for onlookers sitting in temporary seats along the boulevard.
▪ Mid-Century Traditions: By the 1930s and 1940s, the parade had become a staple, often featuring Kiwanis floats, "Goddess of Liberty" beauty queens, and local dignitaries in horse-drawn carriages.

Modern Era: Challenges and Revivals
In more recent decades, the celebration has shifted from downtown parades to large-scale events at Town and Country Park, Madera District Fairgrounds and the Madera Municipal Golf Course.
▪ Funding and Cancellations: The event has faced periodic cancellations due to budget constraints, notably in 2018 when the City could not bridge a $60,000 funding gap. ▪ COVID-19 and Vendor Issues: The show was on hiatus for nearly four years due to the pandemic and issues arose in 2022 where a vendor's permit issues led to a last-minute cancellation.
▪ The "Fireworks Spectacular": The tradition was successfully revived in 2023 largely in part to the Greater Madera Kiwanis Club. This modern version includes food trucks, live music, and a 18-minute fireworks display at the fairgrounds.

Earlier this month, representatives of the Kiwanis service organization approached the City to explore options for the 2026 Celebration. More recently, Council requested to schedule this item for discussion.

FINANCIAL IMPACT:

No notable financial impact is associated with the writing of this report. The cost of the 4th of July celebration, if assumed by the City, is still to be determined.

ALTERNATIVES:

This report is for informational purposes only.

ATTACHMENTS:

None.

REPORT TO CITY COUNCIL
Approved by: Council Meeting of:

Agenda Number:

Will Tackett, Community Development
Director
Arnoldo Rodriguez, City Manager
SUBJECT:

Commercial Exterior Paint Color Palette
RECOMMENDATION:

Receive report from staff, discuss regulations pertaining to the establishment of a citywide commercial exterior paint color palette, and provide staff with direction SUMMARY:

The City Council requested a report regarding regulations pertaining to the establishment of a citywide exterior paint color palette for commercial buildings. This report is presented for discussion and City Council direction. No action is recommended or required.

DISCUSSION:

The City’s opportunity to provide input and/or apply standards relative to building aesthetics is when an application for a Planning entitlement (e.g., Site Plan Review, Conditional Use Permit, Precise Plan, Subdivision) is required to be processed through the Planning Department, and when an application for a Building Permit is required through the Building Department.

Planning focuses on land use, form, and architecture, which can be considered subjective and often requires the City to exercise discretion during review. Building focuses on safety and compliance with the objective standards of the California Building Code, which is a ministerial process. Paint color preference is considered subjective.

The City has options to regulate colors used for commercial properties. Cities have authority under Government Code Section 65850 which grants them certain “police powers”. This includes the adoption of regulations, typically by ordinance, to protect the community's “scenic February 18, 2026
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beauty” and general welfare. Aesthetics (paint color) can be a legitimate government interest, provided the rules are objective and non-discriminatory.

The City Municipal Code (CMC) contains few provisions pertaining to paint color. Maintenance requirements for graffiti abatement requires removal or painting over with matching building color (CMC § 9-11.05[b]). Similarly, the Vacant Building Ordinance contained at Title IX, Chapter 12, requires matched paint for boarding requirements. Design standards for wireless (telecommunication) facilities require tower-mounted equipment to be painted with flat/neutral colors, pine bark cladding for mono-trees to be painted or colored with browns or other appropriate earthtones and other equipment to be painted or colored with flat greens, browns or other appropriate earth tones to blend with mono-tree branches.

The City’s Commercial Development Design Guidelines are intended to provide a clear indication of the features the City believes can be incorporated into most projects, leading to project approval. The City’s intent is that all projects constructed be developed to the highest quality possible, given the specific circumstances associated with each project. The style and design character of individual buildings is the purview of the project proponent and his designer. The City asks each proponent to embrace the intent to develop quality projects while incorporating the concepts in these design guidelines. All project applicants are encouraged to meet with the Development Department staff at the very earliest opportunity to discuss design matters, before a project is submitted for consideration.

It is important to note, this set of guidelines is not intended to be adopted as a City ordinance, and not every one of the criteria included in these guidelines is intended to become mandatory for every project. All development projects are different, and the guidelines cannot be implemented the same way for every project. However, because site plan and building elevations must be approved for nearly all projects, the City will look for the specific criteria applicable to any individual project to be incorporated to the extent it can be. It is likely that some criteria will be called out as conditions of approval, which will then become binding on the project.

Section 3.3 of the Guidelines pertain to colors with respect to building design and materials.

The Color Guidelines includes the following:
 Buildings should not be distinguished by their color, but rather by their architectural features. Color should be used to enhance architectural features and should complement the overall character of the commercial district.  Color schemes should tie building elements together, relate separate (freestanding) buildings within the same development and should be used to enhance the architectural form of a building.
 The use of multiple colors may be appropriate on a building elevation. However, usually no more than three different colors should be used on one plane.  Combinations of extremely dark colors or a monochromatic approach to painting should generally be avoided.
 The color choice should be appropriate for the building material. Bright, vibrant colors are usually more appropriate as building accents or as accent colors on signs.  Building elevations and color boards should clearly designate colors by trade names and color codes.
 Color schemes should be based upon a natural tone color palette.  Intense, bright, black or fluorescent colors should be used sparingly and only as accents, or when muted by softer natural colors.
 Main and trim colors should not be similar in hue or tone intensity (i.e. 2 shades of colors that are closely related such as green and red or dark or light shades of the same color). A third accent color is to be used, it should serve to accentuate or highlight a particular feature of the building.
 All building projections, including, but not limited to, chimneys, flues, vents, and gutters, should match or complement in color the permanent color of the surface from which they project.

Staff have looked at several other cities’ approach to regulation of paint color. Some cities use design review boards or specific, named districts (e.g., downtown, historic, or regional commercial zones) to mandate color palettes that ensure buildings are an aesthetic fit for surrounding area. Local zoning ordinances can also establish standards for certain zone districts on a city-wide basis. Regulation can occur through pre-approved palettes and colors; general regulations requiring City approval of a proposed color scheme; or prohibitions on certain “nuisance” colors that are garishly bright or psychedelic colors.

For the cities reviewed, with color palette regulations, existing buildings were not required to immediately repaint to meet the approved color palette, etc. One of the cities reviewed that does regulate paint color, does have an ordinance that requires administrative approval when repainting a building.

FINANCIAL IMPACT:

None.

ALTERNATIVES:

1. Direct Staff to schedule a public hearing for a future meeting with direction, in accordance with CMC § 10-3.1502, to initiate the procedure for a zoning text amendment (“ordinance”) to the City Municipal Code (Zoning Regulations).

2. Provide staff with other alternative directives.

3. Take no further action.

ATTACHMENTS:

None.

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: February 18, 2026
_________________________________ Agenda Number: _______ Michael Lima, Director of Financial Services
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Administration of the Community Development Block Grant Revolving Loan Funds (CDBG-RLF) Program
RECOMMENDATION:

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

The CDBG-RLF is currently administered by the Madera County Economic Development Commission (MCEDC). CDBG-RLF funds are used to provide start-up funds to low-moderate income local small business owners. The revenue of the loans that are paid back to the City are used to distribute new loans. Thus, these funds are “revolving.” The revenue generated by the CDBG-RLF is considered program income (PI). There is a large PI balance that is eligible for reallocation. City staff met with MCEDC staff and discussed options for using the existing PI balance and reached an agreement that both entities believe will maximize the impact of the CDBG-RLF program income balance for the community.

DISCUSSION:

On August 20, 2025, City staff met with MCEDC to review the administration of the CDBG-RLF program. Following the meeting and subsequent coordination, the parties reached an agreement regarding the appropriate allocation of PI associated with the CDBG-RLF.

Although the intent of the program is to maximize assistance to local businesses, HUD guidelines require jurisdictions to maintain a CDBG line-of-credit balance that does not exceed 1.5 times the most recent annual allocation. For example, if the City’s most recent annual CDBG allocation E-6

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were $1 million, HUD’s timeliness standard would require that the City’s line of credit balance not exceed $1.5 million, reflecting the expectation that funds be expended within a reasonable timeframe.

HUD evaluates compliance with this timeliness standard each year on May 2. Because RLF program income is deposited into the City’s CDBG line of credit, maintaining a large balance directly affects the City’s ability to meet this federal requirement. Accordingly, staff worked with MCEDC to identify options that would ensure funds are deployed in a timely manner and remain compliant with HUD standards.

The following table summarizes the proposed funding distribution of the program income for the CDBG-RLF program.

Table 1: Revolving Loan Program Income Balance and Proposed Allocation Item Totals
CDBG-RLF Program Income Balance $389,322
CDBG-RLF Program Income Balance Retained by MCEDC $150,000 CDBG-RLF Program Income Balance Returned to City $239,322 In addition, two outstanding CDBG-RLF loans remain outstanding with a combined balance of approximately $68,783. MCEDC has requested to retain any program income generated from repayments on these loans; the request is documented in the attached letter.

Staff anticipates returning later this year with a recommendation for Council consideration regarding the use of program income returned to the City, consistent with CDBG eligibility requirements and federal timeliness standards.

FINANCIAL IMPACT:

Disbursement of CDBG-RLF PI funds do not have an impact on the General Fund. However, the PI balance is included in the City’s line of credit with HUD. Failure on the City’s behalf to expend this PI balance expeditiously may result in the City’s inability to meet HUD’s Timeliness requirement.

ALTERNATIVES
This is an informational item only.

ATTACHMENTS:

1. MCEDC Revolving Loan program income request letter.

Attachment 1

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: February 18, 2026
_________________________________ Agenda Number: __________ Keith Helmuth, City Engineer
Arnoldo Rodriguez, City Manager
SUBJECT:

Race Communications (Race) and Upcoming Installation of Internet and Telephone Services RECOMMENDATION:

Receive introduction and provide direction, if any, regarding information provided as part of this report to City Council (Council)
SUMMARY:

Race is in the final stages of securing an encroachment permit associated with the installation of utility infrastructure intended to provide an alternative provider of internet and telephone services to residents of the City of Madera (City).

Given the current stage of design and impending construction, it was staff’s determination that Council may wish to receive an informational presentation. As part of the presentation, representatives of Race will also provide an overview of the project.

DISCUSSION:

The general scope of work under the project includes the installation of underground fiber-optic conduit using directional boring methods, installation of vault boxes within the City’s public rightof-way, limited overhead electrical work, and the installation of temporary utility poles. The work will occur throughout the City with the project being implemented in phases. The first phase of the project is divided into five sections throughout the City. Overall, it is estimated it will take approximately 12-18 months to complete. The next phase(s) will be defined after results of the first phase are evaluated. The applicant has provided an aerial map to show the sections of the first project phase (See Attachment 1).

As part of staff review of the design, one component of the installation process was identified E-7

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that may result in the City receiving some complaints. As such, this concern was discussed with Race. For Race to proceed with the citywide project, temporary utility poles must be installed at locations where existing utility poles are determined to be in poor or unsafe condition. As such, temporary poles will be installed adjacent to existing poles and will remain in place until the pole owner replaces the existing pole.

To address concerns with some repairs being delayed and potentially forgotten by the utility companies, City staff has been gravitating toward a policy that would only allow temporary facilities to remain in place for up to 30 days following project completion. The applicant has, given its substantial experience, found that the duration that temporary poles remain installed will vary, as replacement timelines depend on when the owner of the existing utility pole mobilizes to perform the replacement. Once the existing pole is replaced, Race will transfer its facilities to the new pole and remove the temporary pole. Based on staff’s discussions with Race, staff is prepared to accept that temporary poles will be in place for longer than would be hoped.

FINANCIAL IMPACT:

The proposed project is privately funded and will be financed entirely by Race, with no financial contribution from the City. There would be no impact to the City’s General Fund as a result.

ALTERNATIVES:

Staff has not identified any viable alternatives to the proposed project at this time.

ATTACHMENTS:

1. Phase 1 Project Map

Attachment 1
Phase 1 Project Map
SECTION 5
SECTION 3 SECTION 4
SECTION 1 SECTION 2
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community RACE COMMUNICATIONS PROJECT PHASE 1
±
Madera City Council Meeting
February 18, 2026
Agenda Item E-8
E-8 Selecting Recipient for March Proclamations
Recommendation: Request for Council’s Selection of a
Recipient for the Proclamation Recognizing
Red Cross Month and Women's
History Month (Report by Alicia
Gonzales)
There is no written report for this item.

RETURN TO AGENDA

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: February 18, 2026
_________________________________ Agenda Number: ___________ Wendy Silva, Director of Human Resources
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Employee work locations and office space needs
RECOMMENDATION:

This report has been prepared at the direction of the City Council (Council), therefore there is no staff recommendation provided. Council is asked to consider the information and provide further direction at its discretion.

SUMMARY:

The City provides government services from eight (8) primary facilities. These facilities house the City’s workforce, which is comprised of both office and field staff, with some positions straddling both office and field functions. The City currently offers some opportunity for optional remote work, and could consider remote work as an option to reduce the need for physical office space.

Before doing so, the City would need to consider its customer service model, methods for accepting payments, labor policies, and technology needs.

DISCUSSION:

At its February 4, 2026, meeting, Council requested staff bring back a report regarding the physical space utilized to provide government services and whether the opportunity for remote work could reduce the City’s need for physical space. Currently, the City provides services from the following locations. The identified locations in this report provide daily and/or routine government services; they do not include facilities such as community centers that are generally considered public gathering/programming space, fire stations, or the municipal golf course.

Following the list of locations, Table 1 provides a summary of the employee count per facility, broken down by typical current work location (office, field, or combination).

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Primary City Facilities and Current Government Services Provided

1. City Hall – 205 W. 4th Street
City Hall houses the following departments and functions: Administration, City Clerk, Human Resources (personnel and risk management), Community Development (building and planning), and Finance (utility billing, accounts payable, accounts receivable, business licensing, payroll, grants, and accounting).

2. Community Development (Engineering) – 428 E. Yosemite The building currently housing the City’s Engineering Department was originally purchased and remodeled by the Redevelopment Agency. While this facility is a 2-story building, only the first floor can be used for office space and services. There is a storage area on the second floor, however the second floor cannot be utilized for staff. Both professional engineering services and engineering inspection services are provided from this facility.

3. John Wells Youth Center – 701 E. 5th Street
The facility in its entirety includes community space adjacent to office space. Of the 2- story office space available, the 2nd floor is utilized by Parks & Community Services administration and community services programming staff. The 1st floor office space is leased to community partners that support youth programming, currently Madera Unified School District.

4. Community Police Facility – 330 S. C Street
Public safety services (patrol, traffic unit, detectives, dispatch, records, and property & evidence), code enforcement, neighborhood outreach, and police administration are located within this facility.

5. Police Annex Building – 325 S. D Street
Formerly known as the Radio Dispatch Building, the location was purchased to provide additional space for the Police Department due to its proximity to the main police building to help mitigate space constraints in the main police building. The building currently houses the Special Investigations Unit (SIU) and animal control services. In addition to the City staff noted in Table 1, SIU also includes four (4) individuals assigned from outside agencies.

6. Corporation Yard – 1030 S. Gateway Drive
The Corporation Yard is home to a variety of government services from different departments. Specifically, the location houses the City’s parks maintenance staff, the Finance Department’s purchasing and fleet services divisions, the Information Technology Department, and the majority of Public Works Department staff, including administration, water distribution, water quality, water conservation, sewer maintenance, electrical and facilities maintenance, streets maintenance, storm drainage system maintenance, graffiti abatement, and the Safe & Clean Team.

7. Wastewater Treatment Plant – 13048 Road 21 ½
This location provides administrative offices for the Public Works Department’s wastewater treatment division as well as an on-site laboratory, and also provides space for industrial electricians from the electrical and facilities division.

8. Madera Municipal Airport – 4020 Aviation Drive
This location provides space for employees assigned to airport maintenance duties.

Table 1: Employee Full Time Equivalent (FTE)* Count by Facility, rounded to nearest hundredth Facility
Budgeted
FTE
Typical Work Location
Office Function Field Staff
Combination
Office/Field
City Hall 39.23 37.23 - 2.00
Engineering 17.40 13.36 - 4.04
John Wells Youth Center 20.20 3.24 11.96 5.00
Community Police Facility 98.32 27.34 55.58 20.40
Police Annex 5.00 - - 5.00
Corporation Yard 85.82 14.08 53.74 18.00
Wastewater Treatment Plant 12.00 - 8.00 4.00
Airport 1.48 - 1.48 -
*FTE is calculated utilizing a 2,080 hour work year where a count of 1 equals a full-time employee for a full work year. FTE may be less than 1 for a position when the position is parttime or when a vacant full-time position is budgeted for a partial year.

Remote Work Assignments
The City has some opportunity for remote work and currently has a limited number of employees working partially or fully remotely at the employee’s option. However, in reviewing Table 1, it is noted that the majority of the City’s workforce is not bound to physical office space with only 33% of budgeted positions being identified as office-based functions. The parameters for current remote work approval are, in general, that customer service cannot be affected and the employee must be able to complete all tasks their position is required to complete. In most cases, remote work is currently limited to part-time and very rarely has staff found full-time remote work to be effective due to both technology constraints (lack of electronic filing systems or capabilities) and maintaining the expected customer service level. Staff has also found that there are aspects of the City’s services and functions that benefit from spontaneous conversation and interaction, which can be lost in remote work. For example, some accounting staff work remotely approximately 50% of their work time. These assignments are not maintained as 100% remote because the Director of Financial Services has found that while accounting can be seen as very transactional, in-person collaboration, conversation, and discussion is beneficial in providing staff training, mentoring, and aspects of financial recordkeeping that require collaboration such as the explanation of and approach to the Financial Statements. Similarly in Human Resources, while there are tasks that only involve working on the computer or could be completed via telephone call, many employees and citizens want to discuss employment, benefits, and claims in-person.

Customer Service Model
It is staff’s experience that members of the public expect City services to be accessible in-person.

All public-facing City departments are currently expected to provide in-person customer service during normal business hours, and office staff are expected to be available for consultation on government services during said hours. While the City accommodates varying work schedules such as 9/80s and in some cases 4/10s, it is expected that individual departments have in-person coverage for customer service during normal operating hours regardless of these schedules.

Departments meet this requirement through efforts such as staggered lunch breaks, rotating remote work days, and/or offsetting flex days for 9/80 and 4/10 schedules. Generally speaking, it is difficult to maintain office staffing for in-person customer service for any department with less than four (4) employees. Staff has found that even when the best effort is put into schedule planning for office coverage, illness of even one (1) staff member can jeopardize the in-person customer service delivery. For this reason, most remote work assignments are part time and come with the caveat that you may be required to work from the office on a day when you anticipated working remotely.

Additionally, the City currently provides the opportunity for in-person payments in support of revenue collection. During calendar year 2025, the utility billing counter had 75,099 customer interactions, with the majority being payments. Of the total, 1,235 were for payment plan setup, with the remaining counter visits being payments by cash (26,447 transactions), checks (22,882 transactions), and credit cards (26,447 transactions). Additionally, the City provides drop boxes for payments that are retrieved by in-person staff.

Current Physical Office Space
In general, when considering all of the City’s current physical office space with the personnel assigned to office-based functions, staff would describe the City as space-constrained. There are multiple projects ongoing to facilitate digitizing historical documents as well as current paper processes. While this brings the City into modern times, most are being undertaken with the hope of creating much-needed space for existing employees. This does not take into account any future workforce expansions as our City grows. There is also a current lack of meeting space as well as space for professional development.

Looking Ahead
While transitioning historically in-person work to remote work can lead to a reduction in the need for physical space, there are factors and investments the City would need to consider to move in this direction. These include, but are not limited to, the following.

1. The City would need to modify its customer service model. Currently all departments provide the opportunity for in-person customer service during normal business hours.

Further discussion would be needed to determine which departments could close physical office space.

2. The City could review the methods by which it accepts payments. For example, if the City moved to all online credit/debit card payments, cash and check transactions would not need servicing. However, the City has a large portion of its population that currently prefers payment by cash or check over credit card transactions, which in part is attributed to credit card transactions carry a processing fee.

3. Under Labor Code §2802, employers must reimburse employees for all necessary expenses incurred while performing their duties. At this time, remote work is optional to the employee and at their choice. Should the City direct certain positions to become 100% remote, the City would need to negotiate appropriate stipends with the applicable labor units for expenses such as furniture, internet, phone, and equipment.

4. Across all departments, if more positions move to remote work, there will be a need for more robust software and database systems to support a completely digital workforce.

FINANCIAL IMPACT:

This report is submitted for informational purposes and discussion only. Any financial impact in the future will be dependent on direction received from Council.

ALTERNATIVES:

This report is submitted for informational purposes only.

ATTACHMENTS:

None.

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

Lions Town & Country Park Trail Improvement Project Update RECOMMENDATION:

This report has been prepared at the direction of the City Council (Council) for informational purposes; no staff recommendation or Council action is requested SUMMARY:

During the February 4, 2026, Council meeting, the Council requested that staff prepare an update on the Lions Town & Country Park trail improvement project.

This report provides an overview of the project’s progress to date. As of the writing of this report, the project remains underway and is not yet complete. A Notice of Completion will be presented to the Council for consideration once the project has been finalized.

DISCUSSION:

On April 4, 2025, the City released Invitation for Bid (IFB) 202425-23. On May 12, 2025, the City received eight (8) bids in response to the IFB. Bids were reviewed for being complete, responsive, and responsible.

Preliminary results of the bid opening were published on May 12, 2025, with the apparent lowest bidder being Tosted Asphalt, Inc. (Tosted) at $841,019.63.

The City received one bid protest from the second-lowest bidder, Clean Cut Landscape Incorporated. That bid protest alleged that the apparent low bidder did not meet all the proper certifications and had not provided all the necessary supporting documentation as required by Council Meeting of: February 18, 2026
Agenda Number: _________ E-10

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the bid. In consultation with the City Attorney, it was determined that the low bidder met all of the bid requirements, and the bid protest was denied. The bid protest did delay the award of a Construction Agreement, with the award being planned for consideration until the July 16, 2025, regular meeting of the Council.

Council awarded IFB 202425-23 for $841,019.63 to Tosted, with a construction contingency of up to 10 percent of the original construction agreement amount, up to $84,102. Tosted was selected due to being the lowest, responsive, and responsible bidder per the requirements set forth in the project’s contract documents. Tosted is a reputable asphalt company based in Fresno, specializing in providing services to residential and commercial properties. They have experience in paving & grading, crack filling, seal coating & striping, concrete, and sports courts. They have an active Contractor State License and an active Department of Industrial Relations registration, as confirmed by staff.
▪ A Notice of Award was executed on July 29, 2025.
▪ A pre-construction meeting took place between City staff and Tosted staff on September 17, 2025.
▪ A Notice to Proceed was executed on September 18, 2025. ▪ Notice to Proceed on or before September 29, 2025, with a target project completion of 90 calendar days.
▪ Tosted began work on the Lions Town & Country Park trail project on September 29, 2025. ▪ The project was broken into three (3) phases, so as not to disturb access to the entire trail for the duration of the project. In this manner, a section of the trail was off-limits to the public, being under construction, leaving access to other parts of the trail. ▪ The community responded well to this approach, as community members still had access to the park and sections of the trail for recreational use. ▪ Phase 1 began on September 29, 2025, and ended on November 4, 2025. ▪ Phase 2 began on November 17, 2025, and ended on December 23, 2025. ▪ Phase 3 began on January 5, 2026, and is the phase pending completion. ▪ For each phase, construction work completed included:
o Project setup and prep, including installation of a temporary security fence. o Demolition
o Subgrade
o Concrete
o Baserock
o Paving
o Fog Seal
▪ Members from the City team have held weekly meetings with the contractor to discuss project progress, requests for information, submittals, and other pertinent information.

On Tuesday, February 10, 2026, City and Tosted staff held a project walk-through. Minor items were identified as needing to be addressed, including site grading items and sprinkler heads and irrigation valves needing to be better covered. Tosted is to address the items and provide confirmation, at which time members of the City’s Inspection team will confirm and recommend the project for completion.

City staff anticipate presenting Notice of Completion to Council at the March 4, 2026, Council meeting.

City staff is also planning a celebratory event to commemorate the trial improvements. The event has been confirmed for Saturday, March 21, 2026. The event will focus on celebrating the trail improvements. As staff finalizes the event details, they will be shared with the Council and the community.

This project was made possible through strong State partnerships and critical funding support, including $500,000 secured from State Senator Anna Caballero and $1.1 million from the California Natural Resources Agency, championed by Assemblymember Esmeralda Soria. Both Assemblywoman Soria and Senator Caballero have confirmed their attendance or that a representative from their office will be present at the event.

FINANCIAL IMPACT:

No notable financial impact is associated with this report.

ALTERNATIVES:

This report is for informational purposes only.

ATTACHMENTS:

1. Before and After Photos
ATTACHMENT 1
The photos below show the trail before the improvements.

The photos below show the trail after the improvements.