Agenda packet, regular meeting — Madera City Council, September 2, 2026

Update 08/27/26 5:45 p.m. Madera City Council Agenda Page 1 of 5 September 2, 2026

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

NOTICE AND AGENDA
Wednesday, September 2, 2026 Council Chambers
6:00 p.m. City Hall
The City Council meetings are open to the public. The meeting may also be viewed and accessed remotely at www.zoom.us/wc/86195690501/join. Members of the public may provide comments on agenda items in person, through Zoom, or by phone at (669) 900-6833 using meeting ID: 861 9569 0501 followed by the # key, or by email at [email protected]. To comment by phone, press *9 to raise your hand and *6 to unmute when called upon. Written comments may also be submitted by mail to 205 W. 4th Street, Madera, CA 93637.

A recording of the meeting will be posted on the City’s YouTube channel at www.youtube.com/c/cityofmaderatv as soon as practicable following the conclusion of the meeting. “Wordly” can translate into 25+ different languages. To access written translation during the meeting, please scan the QR Code or click this link: https://attend.wordly.ai/join/FTZJ-3396 “Wordly” puede traducir a más de 25 idiomas diferentes. Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace:
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Update 08/27/26 5:45 p.m. Madera City Council Agenda Page 2 of 5 September 2, 2026
CALL TO ORDER:

ROLL CALL: Mayor Cece Gallegos
Mayor Pro Tem Rohi Zacharia, District 1
Councilmember Jose Rodriguez, District 2
Councilmember Steve Montes, District 3
Councilmember Anita Evans, District 4
Councilmember Elsa Mejia, District 5
Councilmember Artemio Villegas, District 6
INVOCATION:

PLEDGE OF ALLEGIANCE:

APPROVAL OF AGENDA:

PRESENTATIONS:

1. Proclamation Recognizing Upstander’s Day
PUBLIC COMMENT:

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

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

A. PUBLIC HEARINGS: None
B. CONSENT CALENDAR:

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

B-1 Minutes – August 19, 2026, August 20, 2026
Recommendation: Approve the City Council Minutes of August 19, 2026 and August 20, 2026 (Report by Alicia Gonzales)
B-2 Informational Report on Register of Audited Demands Recommendation: Review Register of Audited Demands Report for August 8 to August 21, 2026 (Report by Michael Lima)
B-3 Adoption of Updated Conflict of Interest Code
Recommendation: Adopt a Resolution Adopting the Conflict of Interest Code and Rescinding Resolution No. 24-132 (Report by Alicia Gonzales)
B-4 Budget Amendment for Information Technology (IT) services Recommendation: Adopt a Resolution Approving a Budget Amendment in the amount of $50,000 for IT Services (Report by Gary Price)
Update 08/27/26 5:45 p.m. Madera City Council Agenda Page 3 of 5 September 2, 2026
B-5 Vineyard Estates Phase III-B Subdivision (Tract No. 21-S-03) Final Map and Improvement Agreement and Initiation of Annexation Proceedings into Landscape Maintenance District Zone of Benefit 27B
Recommendation: 1. Adopt Resolution:
a. Approving the Final Map for the Vineyard Estates Phase III-B Subdivision (Tract No. 21-S-03); and
b. Approving Agreement for the Vineyard Estates Phase III-B Subdivision (Agreement); and
c. Authorizing Staff to Record the Final Map and Agreement; and
d. Accepting the Dedication of Land for Public Use.

2. Adopt Resolution Initiating Proceedings Pursuant to the Landscaping and Lighting Act of 1972 for the Annexation of Property into City of Madera Landscape Maintenance District Zone of Benefit 27B, to Review the Improvements and Assessments for Fiscal year 2027/28, and Setting a Public Hearing (Report by Keith Helmuth)
B-6 Local Partnership Agreement with Social Vocational Services (SVS) Recommendation: Adopt a Resolution Approving a Local Partnership Agreement with Social Vocational Services (Report by Joseph Hebert)
B-7 Amendment No. 1 to the Contractor Services Agreement with Elite Maintenance & Tree Service, Inc. for Professional Landscape Maintenance Services Recommendation: Adopt a Resolution Approving Amendment No. 1 to the Contractor Services Agreement with Elite Maintenance & Tree Service, Inc. (Report by Joseph Hebert)
B-8 2026 Old Timers Day Parade and Booths in the Park event entries Recommendation: Approve a Minute Order Authorizing the City Manager to Execute Documents Necessary for any City Entries in the Old Timers Day Parade and Related Booths in the Park Event Scheduled September 26, 2026 (Report by Alicia Gonzales)
B-9 Porsche Club of America Special Activity Permit for Autocross Events at the Airport Recommendation: Adopt a Resolution Approving a Special Activity Permit for the use of Designated Areas of the Madera Municipal Airport for Porsche Club of America Autocross Events for Fiscal Year 2026/27 (Report by Harpiar Gandhi)
B-10 Budget Amendment for the Airport Apron A2 and Hangar Taxilane Rehabilitation Project Recommendation: Adopt a Resolution Approving a Budget Amendment for the Apron A2 and Hangar Taxilane Rehabilitation Project, Appropriating $2,478,005. This amount is Comprised of $2,275,567 in Confirmed Federal Aviation Administration (FAA) and Caltrans Aeronautics Grant Funding and a $202,438 Local Airport Fund Contribution (Report by Harpiar Gandhi) C. WORKSHOP: None
Update 08/27/26 5:45 p.m. Madera City Council Agenda Page 4 of 5 September 2, 2026
D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS:

D-1 Project Status Update and Reimbursement Agreement with Union Pacific Railroad Company for the Rail Corridor Improvement Study
Recommendation: Adopt a Resolution Approving a Reimbursement Agreement with the Union Pacific Railroad Company (Report by Keith Helmuth) D-2 Central Valley Salinity Coalition (CVSC) Agreement for Participation in the Prioritization and Optimization Study for the Alternative Salinity Permitting Approach Recommendation: Adopt a Resolution Approving Entering the Agreement for Permittees Selecting Participation in the Prioritization and Optimization Study for Alternative Salinity Permitting Approach with the Central Valley Salinity Coalition (Report by Harpiar Gandhi)
E. ADMINISTRATIVE REPORTS:

E-1 Select Recipient for the Proclamation Recognizing Old Timers Day Annual Parade Recommendation: Request for Councils selection of a recipient for the Proclamation Recognizing Old Timers Day Annual Parade (Report by Alicia Gonzales) F. COUNCILMEMBER REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS:

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

G. CLOSED SESSION:

G-1 Threat to Public Services or Facilities (Government Code §54957(a)) Consultation with: City Manager and City Attorney
FUTURE MEETING DATES:
 Wednesday, September 16, 2026
 Wednesday, October 7, 2026
ADJOURNMENT:

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

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

When making a request, please provide sufficient details that the City may evaluate the nature of the request and available accommodations to support meeting participation. Please also provide appropriate contact information should the City need to engage in an interactive discussion regarding the requested accommodation.
 Please silence or turn off cell phones and electronic devices while the meeting is in session.

Update 08/27/26 5:45 p.m. Madera City Council Agenda Page 5 of 5 September 2, 2026
 Regular meetings of the Madera City Council are held the 1st and 3rd Wednesday of each month at 6:00 p.m. in the Council Chambers at City Hall.
 Any writings or documents provided to a majority of the City Council within 72 hours of the meeting regarding any item on this agenda will be made available for public inspection at the City Clerk’s office located at 205 W. 4th Street, Madera, CA 93637 and on the City website at www.madera.gov  Questions regarding the meeting agenda or conduct of the meeting, please contact the City Clerk’s Office at (559) 661-5405.
 Para asistencia en español sobre este aviso, por favor llame al (559) 661-5405.

I, Alicia Gonzales, City Clerk for the City of Madera, declare under penalty of perjury that I posted the above agenda for the Regular Meeting of the Madera City Council for September 2, 2026, near the front entrances of City Hall and on the City’s website www.madera.gov at 7:00 p.m. on August 27, 2026. _______________________
Alicia Gonzales, City Clerk
Minutes of a Regular Meeting of the Madera City Council Wednesday, August 19, 2026 Council Chambers
6:00 p.m. City Hall
The Madera City Council meetings are open to the public. The meeting was available for public viewing and participation through Zoom. Members of the public were able to observe the live-streamed meeting on the City’s website and were able to comment on agenda items at the meeting, remotely through an electronic meeting via phone, via email and by regular mail.

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

ROLL CALL:

Present: Mayor Cece Gallegos
Mayor Pro Tem Rohi Zacharia, District 1
Councilmember Jose Rodriguez, District 2
Councilmember Steve Montes, District 3
Councilmember Anita Evans, District 4
Councilmember Elsa Mejia, District 5
Councilmember Artemio Villegas, District 6
Others present were City Manager Arnoldo Rodriguez, City Clerk Alicia Gonzales, City Attorney Shannon L. Chaffin, Chief Building Official Rafael Magallan, City Engineer Keith Helmuth, Community Development Director Will Tackett, Director of Financial Services Michael Lima, Director of Human Resources Wendy Silva, Director of Information Technology Gary Price, Director of Parks and Community Services Joseph Hebert, Planning Manager David Brletic, Chief of Police Giachino Chiaramonte, Public Works Director Harpiar Gandhi and Assistant Engineer David Gomez.

INVOCATION: Reverand Sammie Neely, Mt. Zion Missionary Baptist Church PLEDGE OF ALLEGIANCE: Mayor Pro Tem Zacharia
APPROVAL OF AGENDA:

ON MOTION BY COUNCILMEMBER RODRIGUEZ AND SECONDED BY COUNCILMEMBER VILLEGAS, THE AGENDA WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE.

PRESENTATIONS:

1. Proclamation Recognizing National Senior Citizens Day

2. Certificates of Recognition Honoring Madera National Little League’s Senior Softball Team

3. Update from Madera County Mosquito & Vector Control District PUBLIC COMMENT:

The first 15 minutes of the meeting are reserved for members of the public to address the Council on items which are within the subject matter jurisdiction of the Council. The Council is prohibited by law from taking Item: B-1
Minutes for: 08/19/2026
Adopted: 09/02/2026

RETURN TO AGENDA
City of Madera City Council Minutes
205 W. 4th Street August 19, 2026
Madera, CA 93637 Page 2 of 6
any action on matters discussed that are not on the agenda, and no adverse conclusions should be drawn if the Council does not respond to public comment at this time.

Griselda Morales, who lives in the downtown area, voiced her concern over incidents of indecent exposure as children make their way to the school bus stop. She has reported two incidents to the Police Department. The first incident occurred on August 11th where a homeless man was displaying his backside. The second incident occurred today, August 19th where a homeless man was displaying his pubic area. On both occasions, the Police officers gave the homeless men warnings. She was told nothing else could be done. She is bringing this issue to Council, so that the safety of children as they head to school is maintained.

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

A. PUBLIC HEARINGS: None
B. CONSENT CALENDAR:

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

ON MOTION BY COUNCILMEMBER RODRIGUEZ AND SECONDED BY COUNCILMEMBER VILLEGAS, THE CONSENT CALENDAR WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE.

B-1 Minutes – August 5, 2026
Recommendation: Approve the City Council Minutes of August 5, 2026 (Report by Alicia Gonzales)
B-2 Informational Report on Register of Audited Demands Recommendation: Review Register of Audited Demands Report for July 25 to August 7, 2026 (Report by Michael Lima)
B-3 Informational Report on Personnel Activity
Recommendation: This report is submitted for informational purposes only and there is no action requested from the City Council (Council) (Report by Wendy Silva) B-4 Certificate of Recognition Honoring Alisha Brown, Founder of Project Run Madera, Recipient of the Crystal Tower Award
Recommendation: Adopt a Minute Order Approving a Certificate of Recognition Honoring Alisha Brown, Founder of Project Run Madera, Recipient of the Crystal Tower Award (Report by Alicia Gonzales)
B-5 Edward Byrne Memorial Justice Assistance Grant (JAG) Program 2025 Grant Award Acceptance
Recommendation: Adopt a Resolution Accepting the Edward Byrne Memorial Justice Assistance Grant 2025 award in the amount of $24,324 (Report by Giachino Chiaramonte)
RES 26-144 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

AUTHORIZING THE ACCEPTANCE OF THE EDWARD BYRNE MEMORIAL JUSTICE PROGRAM 2025 GRANT IN THE AMOUNT OF $24,324
B-6 Testing Services for Sewer Rehabilitation and Improvement Project No. SS-08 & 09 City of Madera City Council Minutes
205 W. 4th Street August 19, 2026
Madera, CA 93637 Page 3 of 6
Recommendation: Adopt a Resolution of the City Council of the City of Madera Approving Professional Services with Certerra Southwest, Inc. (Certerra) for Testing Services Not to Exceed $93,756 related to the Sewer Rehabilitation and Improvement Project No. SS-08 & 09 (Report by Keith Helmuth) RES 26-145 ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA APPROVING PROFESSIONAL SERVICES WITH CERTERRA SOUTHWEST, INC. (CERTERRA) FOR TESTING SERVICES NOT TO EXCEED $93,756 RELATED TO THE SEWER REHABILITATION AND IMPROVEMENT PROJECT NO. SS-08 & 09 B-7 2022-23 SB-1 (3R & ADA) Seals and Overlays, City Project No. R-81 Recommendation: Adopt a Minute Order Approving:

1. Acceptance of the 2022-23 SB-1 (3R & ADA) Seals and Overlays, City Project No. R-81

2. Recording of Notice of Completion

3. Release of Retention 35 days after Recording the Notice of Completion (Report by Keith Helmuth)
B-8 Budget Amendment for Purchase of Avigilon Unity Cameras Recommendation: Adopt a Resolution Approving a $53,247 Budget Amendment to the Fiscal Year 2026/27 Operating Budget to Appropriate Supplemental Law Enforcement Services (SLESF) Fund balance funds for the Purchase of Avigilon Unity Cameras (AUC) for $73,738 (Report by Giachino Chiaramonte)
RES 26-146 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

AUTHORIZING AND APPROVING AN AMENDMENT TO THE CITY OF
MADERA’S FISCAL YEAR 2026/2027 ADOPTED BUDGET TO APPROPRIATE

SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS FOR THE COST OF

AVIGILON UNITY CAMERAS
Technical difficulties resulted in loss of audio and video capabilities. Once audio and video capabilities were restored, City Attorney Shannon Chaffin made the closed session announcement at 7:04 p.m. Once Council returned from Closed Session, the meeting moved to Item E-1 then it covered Section C and all remaining items on the agenda.

C. WORKSHOP:

C-1 Business License Overview
Recommendation: This report is submitted for informational purposes only and there is no action requested from the City Council (Council) (Report by Michael Lima) D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS:

D-1 City’s Participation in the Old Timers’ Day Parade
Recommendation: Adopt a Resolution Waiving the Fees to Cover the Costs of Police, Public Works, Parks, and Engineering Fees and Services relating to the Old Timers’ Day Parade in the amount of $3,508 (Report by Giachino Chiaramonte)
City of Madera City Council Minutes
205 W. 4th Street August 19, 2026
Madera, CA 93637 Page 4 of 6

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

RES 26-147 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA WAIVING

THE FEES TO COVER COSTS OF POLICE, PUBLIC WORKS, PARK, AND

ENGINEERING FEES AND SERVICES RELATING TO THE OLD TIMERS

PARADE FOR MADERA DOWNTOWN ASSOCIATION, MADERA SUNRISE
ROTARY CLUB 587, IN THE AMOUNT OF $3,508
D-2 Application for Transportation Development Act (TDA) – Local Transportation Funds (LTF) and State Transit Assistance (STA) Funds for Fiscal Year (FY) 2026/27 Recommendation: Adopt a Resolution Approving the Applications for TDA – LTF and STA Funds for Fiscal Year (FY) 2026/27 and Authorizing the City Engineer to execute and submit the Applications to the Madera County Transportation Commission (MCTC) (Report by Keith Helmuth)

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

RES 26-148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA APPROVING APPLICATIONS FOR TRANSPORTATION
DEVELOPMENT ACT (TDA) – LOCAL TRANSPORTATION FUNDS (LTF) AND STATE TRANSIT ASSISTANCE (STA) FUNDS FOR FISCAL YEAR (FY) 2026/27

AND AUTHORIZING THE CITY ENGINEER TO EXECUTE AND SUBMIT THE

APPLICATIONS TO MADERA COUNTY TRANSPORTATION COMMISSION (MCTC)
D-3 Lions Town & Country Park Batting Cages Project
Recommendation: Adopt a Resolution Amending the Fiscal Year 2026/27 Adopted Budget for Construction Costs Associated with the Lions Town & Country Park Batting Cages Project in the amount of $44,000 (Report by Joseph Hebert)

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER EVANS, ITEM D-3 WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE.

RES 26-149 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA AMENDING THE FISCAL YEAR 2026/27 ADOPTED BUDGET

FOR CONSTRUCTION COSTS ASSOCIATED WITH THE LIONS TOWN & COUNTRY PARK BATTING CAGES PROJECT IN THE AMOUNT OF $44,000 D-4 City of Madera Support for Opportunity Zones 2.0 Census Tracts Recommended by the California Department of Finance
Recommendation: Adopt a Resolution Determining the Action is not a Project Pursuant to Section 15378 of the California Environmental Quality Act (CEQA) Guidelines, or Alternatively Exempt Pursuant to Section 15061(B)(3) of the CEQA Guidelines, and Supporting Census Tracts 06039000702 (7.02), 06039000510 (5.10) and 06039000901 (9.01) for Opportunity Zone 2.0 Nomination (Report by Will Tackett)
City Clerk Alicia Gonzales mentioned that two letters of support were received. A copy of those letters was made available to Council prior to the meeting and copies are available to the public.

City of Madera City Council Minutes
205 W. 4th Street August 19, 2026
Madera, CA 93637 Page 5 of 6

ON MOTION BY COUNCILMEMBER EVANS AND SECONDED BY COUNCILMEMBER MONTES, ITEM D-4 WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE.

RES 26-150 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

DETERMINING THAT THE ACTION IS NOT A PROJECT PURSUANT TO SECTION 15378 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES, OR ALTERNATIVELY EXEMPT PURSUANT TO SECTION 15061(B)(3) OF THE CEQA GUIDELINES AND SUPPORTING CENSUS TRACTS 06039000702 (7.02), 06039000510 (5.10) AND 06039000901 (9.01) FOR OPPORTUNITY ZONE 2.0 NOMINATION
E. ADMINISTRATIVE REPORTS:

E-1 Caltrans Highway Capital Preventive Maintenance (CAPM) Project 06-0Y180 on State Route 145 (Project) Construction Update
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 direction at its discretion (Report by Keith Helmuth)
A business owner in the downtown area stated that the construction has significantly impacted her business, as customers do not want to park a block away to access her location. She explained that the business relies entirely on in-person customers and does not offer online or telephone ordering. She expressed concern that the financial impact may force her to close the business or seek additional employment to meet her financial obligations. She asked whether any economic relief may be available to affected businesses during construction.

E-2 Informational Report on USGA Site visit to the Madera Municipal Golf Course Recommendation: This report is submitted for informational purposes only, and there is no action requested from City Council (Report by Joseph Hebert) F. COUNCILMEMBER REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS:

Councilmember Villegas had nothing to report.

Councilmember Rodriguez reported that he recently toured the Diablo Canyon Power Plant.

Councilmember Mejia reported that the Guelaguetza celebration is scheduled for Sunday, October 11, 2026 from 2:00 p.m. – 7:00 p.m. at the Madera District Fairgrounds. Flyers for the event are forthcoming.

Councilmember Montes had nothing to report.

Mayor Pro Tem Zacharia requested and received a consensus from Council for staff to add discussion regarding Card Rooms to a future agenda.

Councilmember Evans reported attending the King Husein ribbon-cutting ceremony and the funeral services for Leona Pistoresi.

City of Madera City Council Minutes
205 W. 4th Street August 19, 2026
Madera, CA 93637 Page 6 of 6
Mayor Gallegos requested and received Council consensus to place a future agenda item regarding color palettes for business exteriors and signposts, including discussion of the potential use of cannabis revenue to partner with or provide financial assistance to businesses for repainting costs. She thanked staff for resolving the technical difficulties experienced earlier in the meeting and recognized the Fire Department for providing assistance to communities affected by ongoing fires. She also acknowledged the Lifetime Achievement Award recipients.

Mayor Gallegos noted the unexpected passing of longtime community member and developer Philip Oberti and extended her condolences to his family.

G. CLOSED SESSION:

G-1 Conference with Labor Negotiators - Pursuant to Government Code Section §54957.6 Agency Designated Representative: Mayor Gallegos and Mayor Pro Tem Zacharia Title: City Clerk
City Attorney Shannon Chaffin stated there was no reportable action.

FUTURE MEETING DATES:
 Wednesday, September 2, 2026
 Wednesday, September 16, 2026
ADJOURNMENT: Meeting was adjourned at 9:28 p.m.
_____________________________________ ___________________________________ ALICIA GONZALES, City Clerk CECELIA K. GALLEGOS, Mayor
_____________________________________

MINUTES PREPARED BY
ZELDA LEÓN, Deputy City Clerk
Minutes of a Special Meeting of the Madera City Council Thursday, August 20, 2026 Council Chambers
6:00 p.m. City Hall
The Madera City Council meetings are open to the public. The meeting was available for public viewing and participation through Zoom. Members of the public were able to observe the live-streamed meeting on the City’s website and were able to comment on agenda items at the meeting, remotely through an electronic meeting via phone, via email and by regular mail.

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

ROLL CALL:

Present: Mayor Cece Gallegos
Mayor Pro Tem Rohi Zacharia, District 1
Councilmember Jose Rodriguez, District 2
Councilmember Anita Evans, District 4
Councilmember Elsa Mejia, District 5
Councilmember Artemio Villegas, District 6

Absent: Councilmember Steve Montes, District 3
Others present were City Manager Arnoldo Rodriguez, City Clerk Alicia Gonzales and Special Counsel Martin Koczanowicz standing in for City Attorney Shannon L. Chaffin.

INVOCATION: None.

PLEDGE OF ALLEGIANCE: None.

APPROVAL OF AGENDA:

ON MOTION BY COUNCILMEMBER EVANS AND SECONDED BY COUNCILMEMBER VILLEGAS, THE AGENDA WAS APPROVED BY A 6/0 VOTE. ABSENT: COUNCILMEMBER MONTES PRESENTATIONS: None
PUBLIC COMMENT:

Members of the public shall have an opportunity to address the City Council regarding matters on this Agenda at the time the agenda item is called. Speakers should limit their comments to three (3) minutes.

No Public Comment was presented. Public Comment was closed.

A. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS:

A-1 Consideration of Action Pursuant to Elections Code Section 10229 for Council Districts 1, 3, and 5
Item: B-1
Minutes for: 08/20/2026s
Adopted: 09/02/2026

RETURN TO AGENDA
City of Madera City Council Minutes
205 W. 4th Street August 19, 2026
Madera, CA 93637 Page 2 of 2
Recommendation: 1. Adopt a Resolution Appointing the Nominated Candidates to Office;

2. Adopt a Resolution Directing that the Election be Held; or

3. Take no action (Report by Alicia Gonzales)
Special Counsel Martin Koczanowicz recommended that the two sitting Councilmembers who are subject to appointment recuse themselves from this item.

ON MOTION BY COUNCILMEMBER EVANS AND SECONDED BY COUNCILMEMBER VILLEGAS, ITEM A-1 WAS APPROVED BY A 5/0 VOTE. ABSENT: COUNCILMEMBER MONTES. RECUSE:

MAYOR PRO TEM ZACHARIA.

RES 26-151 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA APPOINTING TO CITY COUNCIL OFFICE ROHI ZACHARIA (DISTRICT 1), STEVE MONTES (DISTRICT 3), AND ALVINA MIGUEL-LEON (DISTRICT 5)

AND WITHDRAWING THE ELECTION TO BE HELD FOR THESE OFFICES FROM THE NOVEMBER 3, 2026, CONSOLIDATED GENERAL ELECTION FUTURE MEETING DATES:
 Wednesday, September 2, 2026
 Wednesday, September 16, 2026
ADJOURNMENT: Meeting was adjourned at 6:05 p.m.
_____________________________________ ___________________________________ ALICIA GONZALES, City Clerk CECELIA K. GALLEGOS, Mayor
_____________________________________

MINUTES PREPARED BY
ZELDA LEÓN, Deputy City Clerk

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: September 2, 2026
Agenda Number: B-2
Michael Lima, Director of Financial Services
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Informational Report on Register of Audited Demands
RECOMMENDATION:

Review Register of Audited Demands Report for August 8 to August 21, 2026 SUMMARY:

The Register of Audited Demands for the City covering obligations paid during the period of August 8 to August 21, 2026, is summarized in the following tables. Attachment A contains Warrants while Table 2 is a summary of the wire transfers.

Table 1: Warrant Distribution Summary
Description Check #’s Amount
General Warrants 46240 – 46278 $69,025.00
Table 2: Wire Transfer Summary
Description Vendor Amount
Payroll and Taxes US Bank $750,063.57
SDI EDD $3,404.50
CalPERS Payment CalPERS $166,891.48
DISCUSSION:

Warrant requests are processed weekly based on the Fiscal Year 2026/2027 Adopted Budget and released for payment every Monday. Each demand has been audited, and the Finance Director hereby certifies as to their accuracy and that there were sufficient funds for their payment. Per

RETURN TO AGENDA
request of City Council, we have included the departments from which each of the respective warrants were requested as well as the fund/division description from which they were paid.

FINANCIAL IMPACT:

Demands for payments are made within the constraints of the Fiscal Year 2026/2027 Adopted Budget.

ALTERNATIVES:

Informational only.

ATTACHMENTS:

CHECK PAY DATE PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 46240 08/18/2026 SB1-State of Good Repair DAVID J. BOYLE TRANSIT - CANOPY 4,137.30 46241 08/18/2026 PAYROLL TRUST MADERA CO SHERIFF-CIVIL DIVISION SHERIFF GARN. ORDER FOR 08/14/26 PAYROLL 868.18 46242 08/18/2026 PAYROLL TRUST M.C.E.A. MONTHLY DUES 07/26 240.00 46243 08/18/2026 PAYROLL TRUST M P O A MONTHLY DUES 07/26 7,093.32 46244 08/18/2026 PAYROLL TRUST STATE OF CALIFORNIA FRANCHISE TAX DEDUCTIONS FOR 07/17/26 PAYROLL 100.00 46245 08/18/2026 PAYROLL TRUST STATE OF CALIFORNIA FRANCHISE TAX DEDUCTIONS FOR 07/31/26 PAYROLL 100.00 46246 08/18/2026 PAYROLL TRUST STATE OF CALIFORNIA FRANCHISE TAX DEDUCTIONS FOR 08/14/26 PAYROLL 820.68 46247 08/18/2026 Building STEPHANIE ESCOBEDO PER DIEM - YOSEMITE ICC - PERMIT TECH TRAINING 111.00 46248 08/18/2026 Finance THE HARTFORD SURETY - FINANCE DIRECTOR 2,750.00 46249 08/18/2026 General Trust Fund OTP- PARKS REFUNDS DEPOSIT REFUND - ROTARY PAVILION 50.00 46249 08/18/2026 Parks OTP- PARKS REFUNDS DEPOSIT REFUND - ROTARY PAVILION 80.00 46250 08/20/2026 Fleet Maintenance HERITAGE-CRYSTAL CLEAN, INC. PARTS WASHER SERVICE 756.11 46251 08/20/2026 City Attorney AT&T 05/26 FIRSTNET SERVICE 9391026388 64.95 46251 08/20/2026 Code Enforcement AT&T 05/26 FIRSTNET SERVICE 9391026413 64.68 46251 08/20/2026 Comm & Rec Centers AT&T 05/26 FIRSTNET SERVICE 9391026391 314.26 46251 08/20/2026 Comm & Rec Centers AT&T 05/26 FIRSTNET SERVICE 9391026393 95.91 46251 08/20/2026 Comm & Rec Centers AT&T 05/26 FIRSTNET SERVICE 9391026392 65.01 46251 08/20/2026 Comm & Rec Centers AT&T 05/26 FIRSTNET SERVICE 9391026396 267.57 46251 08/20/2026 Fire AT&T 05/26 FIRSTNET SERVICE 93910264020 32.52 46251 08/20/2026 Parks AT&T 06/26 FIRSTNET SERVICE 9391026412 164.93 46251 08/20/2026 Parks Administration AT&T 06/26 FIRSTNET SERVICE 939103158 290.30 46251 08/20/2026 Sewer Mtnc/Operations AT&T 06/26 FIRSTNET SERVICE 9391031570 193.44 46251 08/20/2026 Sr Citizen Community Serv AT&T e 05/26 FIRSTNET SERVICE 9391026403 34.90 46251 08/20/2026 Sr Citizen Community Serv AT&T e 06/26 FIRSTNET SERVICE 9391026415 67.57 46251 08/20/2026 WWTP AT&T 06/26 FIRSTNET SERVICE 9391026410 62.72 46251 08/20/2026 WWTP AT&T 06/26 FIRSTNET SERVICE 9391026417 40.74 46251 08/20/2026 PD Operations AT&T 05/26 FIRSTNET SERVICE 9391026411 98.83 46251 08/20/2026 PD Operations AT&T 05/26 FIRSTNET SERVICE 9391031561 156.45 46251 08/20/2026 PD Operations AT&T 05/26 FIRSTNET SERVICE 9391031579 289.72 46251 08/20/2026 PD Operations AT&T 05/26 FIRSTNET SERVICE 9391059143 6,966.85 46251 08/20/2026 PD Operations AT&T 06/26 FIRSTNET SERVICE 9391020514 156.45 46251 08/20/2026 PD Operations AT&T 06/26 FIRSTNET SERVICE 9391026414 380.55 46252 08/20/2026 Aquatics Programs AT&T 05/26 FIRSTNET SERVICE 9391026397 30.92 46252 08/20/2026 Building AT&T 05/26 FIRSTNET SERVICE 9391026407 32.52 46252 08/20/2026 HR/RISK MGT AT&T 06/26 FIRSTNET SERVICE 9391026400 32.17 46252 08/20/2026 Sr Citizen Community Serv AT&T e 05/26 FIRSTNET SERVICE 9391026389 32.49

CITY OF MADERA
REGISTER OF AUDITED DEMANDS FOR BANK #1 - US BANK GENERAL ACCOUNT September 02, 2026

CHECK PAY DATE PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT

CITY OF MADERA
REGISTER OF AUDITED DEMANDS FOR BANK #1 - US BANK GENERAL ACCOUNT September 02, 2026
46252 08/20/2026 Sr Citizen Community Serv AT&T e 05/26 FIRSTNET SERVICE 9391026395 32.49 46252 08/20/2026 Sr Citizen Community Serv AT&T e 05/26 FIRSTNET SERVICE 9391026398 32.14 46252 08/20/2026 WWTP AT&T 06/26 FIRSTNET SERVICE 9391026405 32.14 46252 08/20/2026 PD Operations AT&T 05/26 FIRSTNET SERVICE 9391026401 32.14 46253 08/20/2026 AIRPORT OPS PACIFIC GAS & ELECTRIC 05/26 SERVICE 8126770647-1 115.63 46253 08/20/2026 AIRPORT OPS PACIFIC GAS & ELECTRIC 06/26 SERVICE 3819620697-3 83.65 46253 08/20/2026 Comm & Rec Centers PACIFIC GAS & ELECTRIC 06/26 SERVICE 8307681856-2 1,228.31 46253 08/20/2026 Engineering PACIFIC GAS & ELECTRIC 06/26 SERVICE 2000655655-7 2,592.08 46253 08/20/2026 Facilities Maintenance PACIFIC GAS & ELECTRIC 05/26 SERVICE 1715785853-5 2,207.34 46253 08/20/2026 Facilities Maintenance PACIFIC GAS & ELECTRIC 05/26 SERVICE 1598348280-1 71.13 46253 08/20/2026 Facilities Maintenance PACIFIC GAS & ELECTRIC 06/26 SERVICE 6690755760-8 106.41 46253 08/20/2026 Facilities Maintenance PACIFIC GAS & ELECTRIC 06/26 SERVICE 1619119913-8 99.39 46253 08/20/2026 Facilities Maintenance PACIFIC GAS & ELECTRIC 06/26 SERVICE 8178280304-3 166.70 46253 08/20/2026 Facilities Maintenance PACIFIC GAS & ELECTRIC 06/26 SERVICE 3499945233-6 112.32 46253 08/20/2026 Facilities Maintenance PACIFIC GAS & ELECTRIC 06/26 SERVICE 3352588453-3 144.93 46253 08/20/2026 Facilities Maintenance PACIFIC GAS & ELECTRIC 06/26 SERVICE 7928098441-4 44.96 46253 08/20/2026 Facilities Maintenance PACIFIC GAS & ELECTRIC 06/26 SERVICE 5237156686-1 42.50 46253 08/20/2026 Facilities Maintenance PACIFIC GAS & ELECTRIC 06/26 SERVICE 1013877191-9 54.53 46253 08/20/2026 Facilities Maintenance PACIFIC GAS & ELECTRIC 06/26 SERVICE 2630414116-6 81.78 46253 08/20/2026 Fire PACIFIC GAS & ELECTRIC 06/26 SERVICE 2173157566-4 2,721.10 46253 08/20/2026 Water Mtnc/Operations PACIFIC GAS & ELECTRIC 06/26 SERVICE 3642526071-2 72.91 46253 08/20/2026 Water Mtnc/Operations PACIFIC GAS & ELECTRIC 06/26 SERVICE 9651992016-7 188.46 46253 08/20/2026 Water Mtnc/Operations PACIFIC GAS & ELECTRIC 06/26 SERVICE 9172110863-6 25,863.81 46253 08/20/2026 Water Mtnc/Operations PACIFIC GAS & ELECTRIC 06/26 SERVICE 9109225160-1 569.62 46254 08/20/2026 Facilities Maintenance PACIFIC GAS & ELECTRIC 05/26 SERVICE 5225647713-5 14.78 46254 08/20/2026 Facilities Maintenance PACIFIC GAS & ELECTRIC 06/26 SERVICE 7949615676-5 20.06 46254 08/20/2026 Facilities Maintenance PACIFIC GAS & ELECTRIC 06/26 SERVICE 4318089701-9 18.98 46254 08/20/2026 Home Program Income PACIFIC GAS & ELECTRIC 05/26 SERVICE 6823379353-5 28.03 46254 08/20/2026 Home Program Income PACIFIC GAS & ELECTRIC 05/26 SERVICE 1088238956-1 26.60 46254 08/20/2026 Home Program Income PACIFIC GAS & ELECTRIC 06/26 SERVICE 1088238956-1 20.33 46254 08/20/2026 Parks PACIFIC GAS & ELECTRIC 06/26 SERVICE 8788837242-9 9.52 46254 08/20/2026 WWTP PACIFIC GAS & ELECTRIC 06/26 SERVICE 1902328695-8 26.28 46254 08/20/2026 Zone 34B Activities PACIFIC GAS & ELECTRIC 05/26 SERVICE 0443905948-8 11.50 46255 08/20/2026 Airport Oper Fund AR REFUNDS HANGAR 80 TERM OVERPAYMENT REFUND 105.00 46256 08/20/2026 Water Fund OTP- UB REFUNDS UB 10000282 UB TERM REFUND 75.16 46257 08/20/2026 Water Fund OTP- UB REFUNDS UB 10000939 UB TERM REFUND 130.23

CHECK PAY DATE PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT

CITY OF MADERA
REGISTER OF AUDITED DEMANDS FOR BANK #1 - US BANK GENERAL ACCOUNT September 02, 2026
46258 08/20/2026 Water Fund OTP- UB REFUNDS UB 10000647 UB TERM REFUND 271.37 46259 08/20/2026 Water Fund OTP- UB REFUNDS UB 9924970 UB TERM REFUND 137.65 46260 08/20/2026 Water Fund OTP- UB REFUNDS UB 9892682 UB TERM REFUND 58.18 46261 08/20/2026 Water Fund OTP- UB REFUNDS UB 9921353 UB TERM REFUND 280.51 46262 08/20/2026 SOLID WASTE OTP- UB REFUNDS UB 10001182 UB TERM REFUND 1,013.58 46263 08/20/2026 Water Fund OTP- UB REFUNDS UB 9924294 UB TERM REFUND 57.44 46264 08/20/2026 Water Fund OTP- UB REFUNDS UB 9567002 UB TERM REFUND 96.93 46265 08/20/2026 Water Fund OTP- UB REFUNDS UB 9912780 UB TERM REFUND 271.55 46266 08/20/2026 Water Fund OTP- UB REFUNDS UB 9915249 UB TERM REFUND 266.81 46267 08/20/2026 Water Fund OTP- UB REFUNDS UB 9924153 UB TERM REFUND 67.75 46268 08/20/2026 Water Fund OTP- UB REFUNDS UB 9914199 UB TERM REFUND 306.23 46269 08/20/2026 Water Fund OTP- UB REFUNDS UB 9925576 UB TERM REFUND 63.20 46270 08/20/2026 Water Fund OTP- UB REFUNDS UB 10001274 UB TERM REFUND 231.96 46271 08/20/2026 Water Fund OTP- UB REFUNDS UB 9923218 UB TERM REFUND 23.57 46272 08/20/2026 Water Fund OTP- UB REFUNDS UB 9909394 UB TERM REFUND 150.80 46273 08/20/2026 Water Fund OTP- UB REFUNDS UB 9924289 UB TERM REFUND 286.46 46274 08/20/2026 Water Fund OTP- UB REFUNDS UB 9924409 UB TERM REFUND 149.12 46275 08/20/2026 Water Fund OTP- UB REFUNDS UB 9922595 UB TERM REFUND 122.80 46276 08/20/2026 Water Fund OTP- UB REFUNDS UB 9914995 UB TERM REFUND 638.48 46277 08/20/2026 Water Fund OTP- UB REFUNDS UB 9918231 UB TERM REFUND 150.40 46278 08/20/2026 Water Fund OTP- UB REFUNDS UB 7059001 UB TERM REFUND 154.23 BANK #1 - US BANK GENERAL ACCOUNT TOTAL $ 69,025.00

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: September 2, 2026
_________________________________ Agenda Number: ___________ Alicia Gonzales, City Clerk
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Adoption of Updated Conflict of Interest Code
RECOMMENDATION:

Adopt a Resolution adopting the Conflict of Interest Code for the City and rescinding Resolution No. 24-132
SUMMARY:

The City is required to review its Conflict of Interest Code (CIC) biennially. The CIC (Exhibit A to the resolution) identifies officials, employees, committees, commissions, and consultants who are required to file a Statement of Economic Interest Form 700 upon assuming office, annually thereafter, and upon leaving office. Designated individuals must recuse themselves when conflicts of interest occur.

DISCUSSION:

Pursuant to the Political Reform Act, the City is required to conduct a biennial review of its CIC to determine whether amendments are necessary to designated positions and their respective disclosure categories.

The City’s CIC was last amended on September 4, 2024, by Resolution No. 24-132. Since that time, changes have occurred to City positions and organizational assignments. Changes involving the reassignment of positions among existing departments are reflected in Exhibit A to the proposed resolution. Table 1 below summarizes positions proposed to be added to or removed from the CIC.

B-3

RETURN TO AGENDA
FINANCIAL IMPACT:

There is no financial impact, sans the preparation of this report considering that there are no costs to the City to file required documents with the Fair Political Practices Commission.

ALTERNATIVES:

The Council may choose to not adopt the Conflict of Interest, however if not approved the City would be out of compliance with the requirement of The Political Reform Act.

ATTACHMENTS:

1. Resolution
Exhibit A: City of Madera Conflict of Interest Code
Table 1: Addition/removal of select positions
Department Add Remove
Engineering  Special Transportation
Projects Director
Fire  Unit Fire Chief
 Assistant Chief
 Fire Chief
 Division Fire Chief
Parks and
Community Services
 Recreation and Community
Programs Coordinator
 Parks Project Manager
 Recreation and Community
Programs Manager
 Recreation and Community
Programs Supervisor
Police  Administrative Analyst
 Code Enforcement Supervisor  Neighborhood Preservation Supervisor
Public Works  Wastewater Collection
System Supervisor
 Water System Supervisor
Boards and
Commissions
 City Council as the Groundwater
Sustainability Agency
RESOLUTION NO. 26-____

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

CALIFORNIA ADOPTING THE CONFLICT OF INTEREST CODE FOR THE CITY OF MADERA AND RESCINDING RESOLUTION NO. 24-132
WHEREAS, the Political Reform Act (“Act”) per Government Code Sections 87100, et. seq. requires every state and local government agency to adopt and promulgate a conflict of interest code and to conduct a biennial review of the conflict of interest code; and WHEREAS, a local agency’s conflict of interest code must reflect the current structure of the organization and properly identify officials who should be filing Statements of Economic Interests (Form 700s); and
WHEREAS, a conflict of interest code tells public officials, governmental employees, and consultants what financial interests they must disclose on their Form 700s; and WHEREAS, a conflict of interest code provides transparency in local government as required by the Political Reform Act; and
WHEREAS, the Fair Political Practices Commission (FPPC) has adopted a regulation (2 California Code of Regulations Section 18730) which contains the terms of the FPPC’s standard conflict of interest code which may be incorporated by reference in an agency’s code and which may be amended by the FPPC from time to time to conform to amendments in the Act; and
WHEREAS, the City Council has determined that it should update the Conflict of Interest Code for the City of Madera because of changed circumstance including new positions that must be designated in the Conflict of Interest Code and the deletion of others; and WHEREAS, the City Council desires to repeal the City of Madera' s Conflict of Interest Code and adopt a new Conflict of Interest Code incorporating new provisions of Government Code Section 87300 et. seq. and to account for the changed circumstances described above.

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

1. The above recitals are true and correct and incorporated by reference.

2. The Conflict of Interest Code of the City of Madera attached as Exhibit A is hereby adopted and made a part of this resolution. The Conflict of Interest Code expressly provides that the standard conflict of interest code under 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are incorporated by reference.

3. Resolution No. 24-132 and any other resolutions in conflict with this resolution are rescinded.

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

EXHIBIT A

CONFLICT OF INTEREST CODE OF THE CITY OF MADERA
A. Purpose and Intent.

The City Council hereby intends to implement Government Code Sections 87300 through 87313 pertaining to conflict of interest codes for local agencies.

B. Conflict of Interest Code.

The Political Reform Act (Government Code Sections 81000 et.seq.) requires state and local government agencies to adopt and promulgate a conflict of interest code. The Fair Political Practices Commission (FPPC) has adopted a regulation (2 Cal. Code of Regs. Section 18730) that contains the terms of a standard conflict of interest codes that may be incorporated by reference in an agency’s code. After public notice and hearing, the standard code may be amended by the FPPC to conform to amendments of the Political Reform Act.

This is the Conflict of Interest Code of the City of Madera. It consists of Sections A through G and of the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference.

C. Public Officials Designated by Statute (87200 Filers).

The positions listed below are public officials designated by statute and are required to file with the Fair Political Practices Commission (FPPC) a Statement of Economic Interests pursuant to Government Code Section 87200.
 Mayor
 City Council
 City Manager
 City Attorney
 City Treasurer
 Planning Commissioners
Notwithstanding this, for convenience the City of Madera is also listing these official in Appendix A for transparency and clarification.

D. Designated Positions and Disclosure Categories.

Persons holding positions listed as designated positions under this Section D shall file with the City Clerk a Statement of Economic Interests Form 700 upon assuming office, annually thereafter, and upon leaving office. Statement of Economic Interests Form 700 are a public record and available for public inspection and reproduction. (Gov. Code Section 81008) The City Clerk is the Filing Officer. The designated positions are set forth in Appendix A. The Disclosure Categories are set forth in Appendix B.

E. Prior Conflicts of Interest Superseded.

The provisions of all Conflict of Interest Codes and amendments thereto previously adopted by the City are hereby superseded and have no further force and effect.

F. Effective Date.

This Conflict of Interest Coded is deemed effective on September 2, 2026.

G. Appendices.

The following appendices are attached hereto and incorporated by reference and deemed a part of this Conflict of Interest Code.

1. Appendix A: Designated Positions

2. Appendix B: Disclosure Categories

3. Appendix C: 2 California Code of Regulations Section 18730 It is noted Appendix C is the current version of the regulation as described in Section B above.

As stated, the FPPC may from time to time amend Section 18730 and for that reason, the FPPC website should be reviewed by persons in designated positions.

Appendix A to Conflict of Interest Code
Designated positions and 87200 filers
87200 Filers Disclosure
Categories
Mayor I, II, III
City Councilmembers I, II, III
City Attorney I, II, III
City Manager I, II, III
City Treasurer I, II, III
Planning Commissioners I, II, III
Designated Positions Disclosure
Category

ADMINISTRATION
Administrative Analyst III

BUILDING
Chief Building Official I
Plans Examiner III

CITY CLERK
City Clerk I
Deputy City Clerk I

COMMUNITY DEVELOPMENT
Director of Community Development I

ENGINEERING
City Engineer I
Administrative Analyst III
Assistant Engineer II
Associate Civil Engineer I
Deputy City Engineer I
Engineering Project Manager I
Engineering Technician III I
Project Development Coordinator - Licensed II
Senior Civil Engineer I
Special Transportation Projects Director I
Project Development Coordinator – Unlicensed II
Construction Inspection Supervisor I

FINANCE
Director of Financial Services I
Administrative Analyst III
Financial Services Manager I
Utility Billing Supervisor II, III
Fleet Operations Manager II
Procurement Services Manager I
Grant Administrator I
Program Manager – Grants I
FIRE
Unit Fire Chief I
AssistantDivision Chief I
Battalion Chief I

HUMAN RESOURCES
Director of Human Resources I
Administrative Analyst III

INFORMATION SERVICES
Director of Information Technology I
Network Administrator II
Computer Technician I II
Computer Technician II

PARKS AND COMMUNITY SERVICES
Director of Parks and Community Services I
Administrative Analyst III
Park Project Manager I
Parks Supervisor II, III
Recreation and Community Programs Manager I
Recreation and Community Programs Supervisor I
Recreation and Community Programs Coordinator I

PLANNING
Assistant Planner III
Associate Planner III
Planning Manager I
Senior Planner I
POLICE
Chief of Police I
Police Auxiliary Services Supervisor II, III
Police Commander I
Police Lieutenant II, III
Police Office Supervisor II, III
Police Sergeant III
Neighborhood Preservation Supervisor III
Code Enforcement Supervisor III
Administrative Analyst III

PUBLIC WORKS
Public Works Operations Director I
Administrative Analyst III
Electrical and Facilities Operations Manager II, III
Streets and Storm Drainage Operations Manager II, III
Streets and Storm Drainage Operations Supervisor II, III Wastewater Collection System Supervisor II, III
Wastewater Treatment Plant Manager II, III
Water and Sewer Operations Manager II, III
Water System Supervisor II, III

BOARDS AND COMMISSIONS
Civil Service Commission I
Madera Public Financing Authority Board I
City Council as the Successor Agency
to the Former Madera Redevelopment Agency
I
City Council as the Successor Housing Agency I
City Council as the Groundwater Sustainability
Agency
I

CONSULTANTS
Consultants I

APPENDIX B TO CONFLICT OF INTEREST CODE

DISCLOSURE CATEGORIES
I. All investments, business positions, and sources of income located in or doing business in the City of Madera, including gifts, loans and travel payments; and all interests in real property located in the City of Madera including property located within a two-mile radius of the City of Madera or any property owned or used by the City of Madera.

Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category (Category I) in the Conflict of Interest Code subject to the following limitation.

The City Administrator Manager or his/her designee may determine in writing that a particular consultant, although a "designated position" is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Administrator's Manager’s or his/her designee's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.

II. All investments, business positions in, and sources of income located in or doing business in the City of Madera, including gifts, loans and travel payments, of the type which provide goods, services, supplies, materials, vehicles, machinery or equipment of the type utilized by the City of Madera.

III. All investments, business positions in, and sources of income located in or doing business in the City of Madera, including gifts, loans and travel payments, which are subject to the regulatory, permit or licensing authority of, or have an application for a license or permit pending before, the City of Madera.

APPENDIX C
2 California Code of Regulations Section 18730
1 10/30/24 Amend 18730
1 Amend 2 Cal. Code Regs., Section 18730 to read:
2 § 18730. Provisions of Conflict of Interest Codes.
3 (a) Incorporation by reference of the terms of this regulation along with the designation 4 of employees and the formulation of disclosure categories in the Appendix referred to below 5 constitute the adoption and promulgation of a conflict of interest code within the meaning of 6 Section 87300 or the amendment of a conflict of interest code within the meaning of Section 7 87306 if the terms of this regulation are substituted for terms of a conflict of interest code 8 already in effect. A code so amended or adopted and promulgated requires the reporting of 9 reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 10 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict of interest 11 code are in addition to other requirements of the Political Reform Act, such as the general 12 prohibition against conflicts of interest contained in Section 87100, and to other state or local 13 laws pertaining to conflicts of interest.
14 (b) The terms of a conflict of interest code amended or adopted and promulgated pursuant 15 to this regulation are as follows:
16 (1) Section 1. Definitions.
17 The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political 18 Practices Commission (Regulations 18110, et seq.), and any amendments to the Act or 19 regulations, are incorporated by reference into this conflict of interest code. 20 (2) Section 2. Designated Employees.
21 The persons holding positions listed in the Appendix are designated employees. It has been 22 determined that these persons make or participate in the making of decisions which may 23 foreseeably have a material effect on economic interests. 2 10/30/24 Amend 18730
1 (3) Section 3. Disclosure Categories.
2 This code does not establish any disclosure obligation for those designated employees 3 who are also specified in Section 87200 if they are designated in this code in that same capacity 4 or if the geographical jurisdiction of this agency is the same as or is wholly included within the 5 jurisdiction in which those persons must report their economic interests pursuant to article 2 of 6 chapter 7 of the Political Reform Act, Sections 87200, et seq. 7 In addition, this code does not establish any disclosure obligation for any designated employees 8 who are designated in a conflict of interest code for another agency, if all of the following apply:
9 (A) The geographical jurisdiction of this agency is the same as or is wholly included 10 within the jurisdiction of the other agency;
11 (B) The disclosure assigned in the code of the other agency is the same as that required 12 under article 2 of chapter 7 of the Political Reform Act, Section 87200; and 13 (C) The filing officer is the same for both agencies. 14 Such persons are covered by this code for disqualification purposes only. With respect to 15 all other designated employees, the disclosure categories set forth in the Appendix specify which 16 kinds of economic interests are reportable. Such a designated employee shall disclose in the 17 employee's statement of economic interests those economic interests the employee has which are 18 of the kind described in the disclosure categories to which the employee is assigned in the 19 Appendix. It has been determined that the economic interests set forth in a designated employee's 20 disclosure categories are the kinds of economic interests which the employee foreseeably can 21 affect materially through the conduct of the employee's office. 22 (4) Section 4. Statements of Economic Interests: Place of Filing. 3 10/30/24 Amend 18730
1 The code reviewing body shall instruct all designated employees within its code to file 2 statements of economic interests with the agency or with the code reviewing body, as provided 3 by the code reviewing body in the agency's conflict of interest code. 4 (5) Section 5. Statements of Economic Interests: Time of Filing. 5 (A) Initial Statements. All designated employees employed by the agency on the effective 6 date of this code, as originally adopted, promulgated and approved by the code reviewing body, 7 shall file statements within 30 days after the effective date of this code. Thereafter, each person 8 already in a position when it is designated by an amendment to this code shall file an initial 9 statement within 30 days after the effective date of the amendment. 10 (B) Assuming Office Statements. All persons assuming designated positions after the 11 effective date of this code shall file statements within 30 days after assuming the designated 12 positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. 13 (C) Annual Statements. All designated employees shall file statements no later than April 14 1. If a person reports for military service as defined in the Servicemember's Civil Relief Act, the 15 deadline for the annual statement of economic interests is 30 days following the person's return 16 to office, provided the person, or someone authorized to represent the person's interests, notifies 17 the filing officer in writing prior to the applicable filing deadline that the person is subject to that 18 federal statute and is unable to meet the applicable deadline, and provides the filing officer 19 verification of the person's military status.
20 (D) Leaving Office Statements. All persons who leave designated positions shall file 21 statements within 30 days after leaving office.
22 (5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office. 4 10/30/24 Amend 18730
1 Any person who resigns within 12 months of initial appointment, or within 30 days of the 2 date of notice provided by the filing officer to file an assuming office statement, is not deemed to 3 have assumed office or left office, provided the person did not make or participate in the making 4 of, or use the person's position to influence any decision and did not receive or become entitled 5 to receive any form of payment as a result of the person's appointment. Such persons shall not 6 file either an assuming or leaving office statement.
7 (A) Any person who resigns a position within 30 days of the date of a notice from the 8 filing officer shall do both of the following:
9 (1) File a written resignation with the appointing power; and 10 (2) File a written statement with the filing officer declaring under penalty of perjury that 11 during the period between appointment and resignation the person did not make, participate in 12 the making, or use the position to influence any decision of the agency or receive, or become 13 entitled to receive, any form of payment by virtue of being appointed to the position. 14 (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. 15 (A) Contents of Initial Statements.
16 Initial statements shall disclose any reportable investments, interests in real property and 17 business positions held on the effective date of the code and income received during the 12 18 months prior to the effective date of the code.
19 (B) Contents of Assuming Office Statements.
20 Assuming office statements shall disclose any reportable investments, interests in real 21 property and business positions held on the date of assuming office or, if subject to State Senate 22 confirmation or appointment, on the date of nomination, and income received during the 12 5 10/30/24 Amend 18730
1 months prior to the date of assuming office or the date of being appointed or nominated, 2 respectively.
3 (C) Contents of Annual Statements. Annual statements shall disclose any reportable 4 investments, interests in real property, income and business positions held or received during the 5 previous calendar year provided, however, that the period covered by an employee's first annual 6 statement shall begin on the effective date of the code or the date of assuming office whichever is 7 later, or for a board or commission member subject to Section 87302.6, the day after the closing 8 date of the most recent statement filed by the member pursuant to Regulation 18754. 9 (D) Contents of Leaving Office Statements.
10 Leaving office statements shall disclose reportable investments, interests in real property, 11 income and business positions held or received during the period between the closing date of the 12 last statement filed and the date of leaving office. 13 (7) Section 7. Manner of Reporting.
14 Statements of economic interests shall be made on forms prescribed by the Fair Political 15 Practices Commission and supplied by the agency, and shall contain the following information:
16 (A) Investment and Real Property Disclosure.
17 When an investment or an interest in real property is required to be reported, the statement shall 18 contain the following:
19 1. A statement of the nature of the investment or interest; 20 2. The name of the business entity in which each investment is held, and a general 21 description of the business activity in which the business entity is engaged; 22 3. The address or other precise location of the real property; 6 10/30/24 Amend 18730
1 4. A statement whether the fair market value of the investment or interest in real property 2 equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000. 3 (B) Personal Income Disclosure. When personal income is required to be reported, the 4 statement shall contain:
5 1. The name and address of each source of income aggregating $500 or more in value, or 6 $50 or more in value if the income was a gift, and a general description of the business activity, 7 if any, of each source;
8 2. A statement whether the aggregate value of income from each source, or in the case of 9 a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater 10 than $10,000, or greater than $100,000;
11 3. A description of the consideration, if any, for which the income was received; 12 4. In the case of a gift, the name, address and business activity of the donor and any 13 intermediary through which the gift was made; a description of the gift; the amount or value of 14 the gift; and the date on which the gift was received; 15 5. In the case of a loan, the annual interest rate and the security, if any, given for the loan 16 and the term of the loan.
17 (C) Business Entity Income Disclosure. When income of a business entity, including 18 income of a sole proprietorship, is required to be reported, the statement shall contain:
19 1. The name, address, and a general description of the business activity of the business 20 entity;
21 2. The name of every person from whom the business entity received payments if the 22 filer's pro rata share of gross receipts from such person was equal to or greater than $10,000. 7 10/30/24 Amend 18730
1 (D) Business Position Disclosure. When business positions are required to be reported, a 2 designated employee shall list the name and address of each business entity in which the 3 employee is a director, officer, partner, trustee, employee, or in which the employee holds any 4 position of management, a description of the business activity in which the business entity is 5 engaged, and the designated employee's position with the business entity. 6 (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving 7 office statement, if an investment or an interest in real property was partially or wholly acquired 8 or disposed of during the period covered by the statement, the statement shall contain the date of 9 acquisition or disposal.
10 (8) Section 8. Prohibition on Receipt of Honoraria.
11 (A) No member of a state board or commission, and no designated employee of a state or 12 local government agency, shall accept any honorarium from any source, if the member or 13 employee would be required to report the receipt of income or gifts from that source on the 14 member's or employee's statement of economic interests. 15 (B) This section shall not apply to any parttime member of the governing board of any 16 public institution of higher education, unless the member is also an elected official. 17 (C) Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this 18 section.
19 (D) This section shall not limit or prohibit payments, advances, or reimbursements for 20 travel and related lodging and subsistence authorized by Section 89506. 21 (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $590 $630. 22 (A) No member of a state board or commission, and no designated employee of a state or 23 local government agency, shall accept gifts with a total value of more than $590 $630 in a 8 10/30/24 Amend 18730
1 calendar year from any single source, if the member or employee would be required to report the 2 receipt of income or gifts from that source on the member's or employee's statement of economic 3 interests.
4 (B) This section shall not apply to any parttime member of the governing board of any 5 public institution of higher education, unless the member is also an elected official. 6 (C) Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this 7 section.
8 (8.2) Section 8.2. Loans to Public Officials.
9 (A) No elected officer of a state or local government agency shall, from the date of the 10 election to office through the date that the officer vacates office, receive a personal loan from any 11 officer, employee, member, or consultant of the state or local government agency in which the 12 elected officer holds office or over which the elected officer's agency has direction and control. 13 (B) No public official who is exempt from the state civil service system pursuant to 14 subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while 15 he or she holds office, receive a personal loan from any officer, employee, member, or consultant 16 of the state or local government agency in which the public official holds office or over which 17 the public official's agency has direction and control. This subdivision shall not apply to loans 18 made to a public official whose duties are solely secretarial, clerical, or manual. 19 (C) No elected officer of a state or local government agency shall, from the date of the 20 election to office through the date that the officer vacates office, receive a personal loan from any 21 person who has a contract with the state or local government agency to which that elected officer 22 has been elected or over which that elected officer's agency has direction and control. This 23 subdivision shall not apply to loans made by banks or other financial institutions or to any 9 10/30/24 Amend 18730
1 indebtedness created as part of a retail installment or credit card transaction, if the loan is made 2 or the indebtedness created in the lender's regular course of business on terms available to 3 members of the public without regard to the elected officer's official status. 4 (D) No public official who is exempt from the state civil service system pursuant to 5 subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while 6 the official holds office, receive a personal loan from any person who has a contract with the 7 state or local government agency to which that elected officer has been elected or over which 8 that elected officer's agency has direction and control. This subdivision shall not apply to loans 9 made by banks or other financial institutions or to any indebtedness created as part of a retail 10 installment or credit card transaction, if the loan is made or the indebtedness created in the 11 lender's regular course of business on terms available to members of the public without regard to 12 the elected officer's official status. This subdivision shall not apply to loans made to a public 13 official whose duties are solely secretarial, clerical, or manual. 14 (E) This section shall not apply to the following:
15 1. Loans made to the campaign committee of an elected officer or candidate for elective 16 office.
17 2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, 18 brother, sister, parentinlaw, brotherinlaw, sisterinlaw, nephew, niece, aunt, uncle, or first 19 cousin, or the spouse of any such persons, provided that the person making the loan is not acting 20 as an agent or intermediary for any person not otherwise exempted under this section. 21 3. Loans from a person which, in the aggregate, do not exceed $500 at any given time. 22 4. Loans made, or offered in writing, before January 1, 1998. 23 (8.3) Section 8.3. Loan Terms.
10 10/30/24 Amend 18730
1 (A) Except as set forth in subdivision (B), no elected officer of a state or local 2 government agency shall, from the date of the officer's election to office through the date the 3 officer vacates office, receive a personal loan of $500 or more, except when the loan is in writing 4 and clearly states the terms of the loan, including the parties to the loan agreement, date of the 5 loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan 6 and the amount of the payments, and the rate of interest paid on the loan. 7 (B) This section shall not apply to the following types of loans:
8 1. Loans made to the campaign committee of the elected officer. 9 2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, 10 grandchild, brother, sister, parentinlaw, brotherinlaw, sisterinlaw, nephew, niece, aunt, uncle, 11 or first cousin, or the spouse of any such person, provided that the person making the loan is not 12 acting as an agent or intermediary for any person not otherwise exempted under this section. 13 3. Loans made, or offered in writing, before January 1, 1998. 14 (C) Nothing in this section shall exempt any person from any other provision of Title 9 of 15 the Government Code.
16 (8.4) Section 8.4. Personal Loans.
17 (A) Except as set forth in subdivision (B), a personal loan received by any designated 18 employee shall become a gift to the designated employee for the purposes of this section in the 19 following circumstances:
20 1. If the loan has a defined date or dates for repayment, when the statute of limitations for 21 filing an action for default has expired.
22 2. If the loan has no defined date or dates for repayment, when one year has elapsed from 23 the later of the following:
11 10/30/24 Amend 18730
1 a. The date the loan was made.
2 b. The date the last payment of $100 or more was made on the loan. 3 c. The date upon which the debtor has made payments on the loan aggregating to less 4 than $250 during the previous 12 months.
5 (B) This section shall not apply to the following types of loans:
6 1. A loan made to the campaign committee of an elected officer or a candidate for elective 7 office.
8 2. A loan that would otherwise not be a gift as defined in this title. 9 3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which 10 the creditor has taken reasonable action to collect the balance due. 11 4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which 12 the creditor, based on reasonable business considerations, has not undertaken collection action. 13 Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this 14 paragraph has the burden of proving that the decision for not taking collection action was based 15 on reasonable business considerations.
16 5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately 17 discharged in bankruptcy.
18 (C) Nothing in this section shall exempt any person from any other provisions of Title 9 19 of the Government Code.
20 (9) Section 9. Disqualification.
21 No designated employee shall make, participate in making, or in any way attempt to use 22 the employee's official position to influence the making of any governmental decision which the 23 employee knows or has reason to know will have a reasonably foreseeable material financial 12 10/30/24 Amend 18730
1 effect, distinguishable from its effect on the public generally, on the official or a member of the 2 official's immediate family or on:
3 (A) Any business entity in which the designated employee has a direct or indirect 4 investment worth $2,000 or more;
5 (B) Any real property in which the designated employee has a direct or indirect interest 6 worth $2,000 or more;
7 (C) Any source of income, other than gifts and other than loans by a commercial lending 8 institution in the regular course of business on terms available to the public without regard to 9 official status, aggregating $500 or more in value provided to, received by or promised to the 10 designated employee within 12 months prior to the time when the decision is made; 11 (D) Any business entity in which the designated employee is a director, officer, partner, 12 trustee, employee, or holds any position of management; or 13 (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating 14 $590 $630 or more provided to, received by, or promised to the designated employee within 12 15 months prior to the time when the decision is made.
16 (9.3) Section 9.3. Legally Required Participation.
17 No designated employee shall be prevented from making or participating in the making 18 of any decision to the extent the employee's participation is legally required for the decision to be 19 made. The fact that the vote of a designated employee who is on a voting body is needed to break 20 a tie does not make the employees' participation legally required for purposes of this section. 21 (9.5) Section 9.5. Disqualification of State Officers and Employees. 22 In addition to the general disqualification provisions of section 9, no state administrative 23 official shall make, participate in making, or use the official's position to influence any 13 10/30/24 Amend 18730
1 governmental decision directly relating to any contract where the state administrative official 2 knows or has reason to know that any party to the contract is a person with whom the state 3 administrative official, or any member of the official's immediate family has, within 12 months 4 prior to the time when the official action is to be taken:
5 (A) Engaged in a business transaction or transactions on terms not available to members 6 of the public, regarding any investment or interest in real property; or 7 (B) Engaged in a business transaction or transactions on terms not available to members 8 of the public regarding the rendering of goods or services totaling in value $1,000 or more. 9 (10) Section 10. Disclosure of Disqualifying Interest. 10 When a designated employee determines that the employee should not make a governmental 11 decision because the employee has a disqualifying interest in it, the determination not to act may 12 be accompanied by disclosure of the disqualifying interest. 13 (11) Section 11. Assistance of the Commission and Counsel. 14 Any designated employee who is unsure of the duties under this code may request assistance 15 from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 16 and 18329.5 or from the attorney for the employee's agency, provided that nothing in this section 17 requires the attorney for the agency to issue any formal or informal opinion. 18 (12) Section 12. Violations.
19 This code has the force and effect of law. Designated employees violating any provision 20 of this code are subject to the administrative, criminal and civil sanctions provided in the 21 Political Reform Act, Sections 8100091014. In addition, a decision in relation to which a 22 violation of the disqualification provisions of this code or of Section 87100 or 87450 has 23 occurred may be set aside as void pursuant to Section 91003. 14 10/30/24 Amend 18730
1 Designated employees who are required to file statements of economic interests under any other 2 agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their 3 statement of economic interests to cover reportable interests in both jurisdictions, and file copies 4 of this expanded statement with both entities in lieu of filing separate and distinct statements, 5 provided that each copy of such expanded statement filed in place of an original is signed and 6 verified by the designated employee as if it were an original. See Section 81004. 7 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in 8 agencies who make and retain copies of statements and forward the originals to the filing officer. 9 For the purpose of disclosure only (not disqualification), an interest in real property does not 10 include the principal residence of the filer.
11 Investments and interests in real property which have a fair market value of less than 12 $2,000 are not investments and interests in real property within the meaning of the Political 13 Reform Act. However, investments or interests in real property of an individual include those 14 held by the individual's spouse and dependent children as well as a pro rata share of any 15 investment or interest in real property of any business entity or trust in which the individual, 16 spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 17 percent or greater.
18 A designated employee's income includes the employee's community property interest in 19 the income of the employee's spouse but does not include salary or reimbursement for expenses 20 received from a state, local or federal government agency. 21 Income of a business entity is reportable if the direct, indirect or beneficial interest of the 22 filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In 15 10/30/24 Amend 18730
1 addition, the disclosure of persons who are clients or customers of a business entity is required 2 only if the clients or customers are within one of the disclosure categories of the filer. 3 Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300 4 87302, 89501, 89502 and 89503, Government Code.

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: September 2, 2026
_________________________________ Agenda Number: B-4
Gary Price, Director of Information Technology
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Budget amendment for Information Technology (IT) services RECOMMENDATION:

Adopt a Resolution approving for a budget amendment in the amount of $50,000 for IT services SUMMARY:

Due to an unexpected property insurance claim, the City was required to engage in IT services with a vendor approved by the property insurance program. The City has a $50,000 deductible through its property insurance for these services. As the need for services was unknown at the time of budget preparation, staff is recommending a budget amendment to appropriate funds for the deductible portion of the claim.

DISCUSSION:

The City participates in the Alliant Property Insurance Program (APIP) for public entities. As part of this program, the City has a $50,000 deductible for certain IT services and claim related support. Staff initiated a claim under the program for applicable IT services with a vendor approved by APIP. As the required services were not anticipated when the budget was drafted, staff is recommending a budget amendment to appropriate funds for the required services.

FINANCIAL IMPACT:

The requested action will appropriate $50,000 in expensing org 30720000 from uncommitted fund balance within the Computer Acquisition and Maintenance Fund (Fund 3072) to pay for the insurance deductible related to IT services. The Computer Acquisition and Maintenance Fund is an Internal Service Fund, funded by transfers from all Funds within the City’s Operating Budget.

The requested action will not modify current-year transfers to the Internal Service Fund but will reduce uncommitted fund balance.

RETURN TO AGENDA
ALTERNATIVES:

Council could direct staff to reallocate current year appropriations within the Computer Acquisition and Maintenance Fund by eliminating planned expenditures in other areas to pay the deductible without appropriating from fund balance.

ATTACHMENTS:

1. Resolution
a. Exhibit A: Budget Amendment
RESOLUTION NO. 26-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA
APPROPRIATING $50,000 TO THE CITY OF MADERA’S FISCAL YEAR 2026- 27 ADOPTED BUDGET FOR INFORMATION TECHNOLOGY SERVICES
WHEREAS, the City of Madera (City) has an adopted operating budget for Fiscal Year 2026/27; and
WHEREAS, the City was required to engage Information Technology services related to a property insurance claim through an insurance-approved vendor; and WHEREAS, the City’s insurance for these services includes a $50,000 deductible that the City is responsible to pay towards the services rendered; and WHEREAS, a budget amendment has been prepared in the amount to $50,000 to appropriate funds from uncommitted fund balance within the Computer Acquisition and Maintenance Fund to pay for the insurance deductible related to IT services .

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

1. The above recitals are true and correct.

2. The Fiscal Year 2026/27 Adopted Budget is amended as shown in Exhibit A, attached hereto and incorporated herein.

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

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

EXHIBIT A

CITY OF MADERA
Budget Appropriations: Res. 26-______
Budget Adjustments for Fiscal Year 2026/27

ORG OBJECT
FUND CODE CODE DESCRIPTION (+) (-)
Info Tech
Operations
3072 0000 4900 Budgetary Carryover 50,000
3072 0000 6440 Professional Services 50,000
$ 50,000 $ 50,000

REPORT TO CITY COUNCIL
Late Distribution Notice
DATE: August 27, 2026
TO: Mayor and City Councilmembers
FROM: Keith Helmuth, City Engineer
SUBJECT: September 2, 2026 City Council Meeting
Late Distribution Report for Item B-5: Vineyard Estates Phase III-B Subdivision (Tract No. 21-S-03) Final Map and Improvement Agreement and Initiation of Annexation Proceedings into Landscape Maintenance District Zone of Benefit 27B Additional time is needed to complete, review, and finalize the report for Item B-5: Vineyard Estates Phase III-B Subdivision (Tract No. 21-S-03) Final Map and Improvement Agreement and Initiation of Annexation Proceedings into Landscape Maintenance District Zone of Benefit 27B, the report will be distributed as soon as it is available.

Thank you for your understanding.

RETURN TO AGENDA

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: September 2, 2026
Agenda Number: ___________
_________________________________
Joseph Hebert, Parks & Community Services Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Local Partnership Agreement with Social Vocational Services (SVS) RECOMMENDATION:

Adopt a Resolution approving a Local Partnership Agreement with Social Vocational Services SUMMARY:

SVS offers a comprehensive array of services for individuals with a broad range of needs and interests who happen to have intellectual or developmental disabilities, including supervised job training through its Employ America program. SVS partners with local businesses to provide meaningful work opportunities to program participants.

The requested action is to approve a Local Partnership Agreement with SVS, with the intent to participate in the Employ America program. If approved, the City Manager would be authorized to approve and execute specific Participation Agreements as necessary to effect specific work assignments. The Fiscal Year (FY) 2026/27 Adopted Budget includes funds for litter abatement at several local parks and along the river trail on Monday mornings.

Participation Agreements will only be executed within the confines of existing budget appropriations.

DISCUSSION:

SVS has been operating for over 40 years, providing a wide range of services for individuals with various needs and interests who have intellectual or developmental disabilities. To date, SVS has provided meaningful employment experience for well over 2,000 individuals. More than 500 employees have been with the organization for more than 10 years.

B-6

RETURN TO AGENDA
Over the past several months, City staff have been in collaborative discussions with SVS to establish a mutually beneficial local partnership that provides meaningful job training through supplemental services that complement the City’s workforce and benefit the community.

The proposed agreement would allow the provision of one (1) job coach and a team of up to three (3) crew members to perform litter abatement at certain parks and along the Fresno River.

As part of the agreement, the City would pay an amount equivalent to minimum wage times the number of assignment hours for each crew member to SVS; SVS provides all benefits for the crew members and the wages and benefits of the job coach. There are no administrative overhead charges, nor are there charges for SVS vehicles. Thus, SVS will provide transportation and materials, and/or tools to complete the work. The City may provide routinely stocked miscellaneous items such as trash bags and will be responsible for the disposal of the refuse collected by the SVS team
If approved, staff intend to execute a Partnership Agreement that will provide litter abatement assistance at several local parks and along the river trail on Monday mornings. While the City has parks maintenance crews who routinely service all parks, there is a noticeable increase in litter following weekends that exceeds typical service levels. The partnership with SVS is intended to supplement the City’s services for this high-volume litter issue.

FINANCIAL IMPACT:

The Local Partnership Agreement in and of itself does not obligate the City to expend funds.

Participation Agreements executed for specific services will obligate the City to expend funds; however, such agreements may only be executed within existing budgetary appropriations. The FY 2026/27 Adopted Budget included $24,1000 for litter abatement services in the Parks Maintenance budget, 10206100.

ALTERNATIVES:

Staff have carefully considered the qualifications of the proposed partner for this litter abatement effort. An alternative course of action involves continuing with the current model without designated outside assistance.

ATTACHMENTS:

1. Resolution approving a Local Partnership Agreement with Social Vocational Services Exhibit A. Local Partnership Agreement
ATTACHMENT 1
Resolution approving a Local Partnership Agreement with Social Vocational Services RESOLUTION NO. 26 - _______

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

CALIFORNIA APPROVING A LOCAL PARTNERSHIP AGREEMENT WITH

SOCIAL VOCATIONAL SERVICES
WHEREAS, from time to time the City has a need for supplemental services to complement the existing City workforce in providing services to the benefit of the community; and
WHEREAS, through the Employ America program, Social Vocational Services (SVS) provides supervised work opportunities for people with intellectual and developmental disabilities; and
WHEREAS, the City and SVS desire to partner with one another in providing meaningful supervised work opportunities to serve the community; and WHEREAS, a Local Partnership Agreement has been developed that is in the best interests of the City and SVS.

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

1. The above recitals are true and correct.

2. The Local Partnership Agreement with Social Vocational Services, attached hereto as Exhibit A and incorporated herein, is approved.

3. This Resolution is effective immediately upon adoption. ********************
Exhibit A: Local Partnership Agreement

LOCAL PARTNERSHIP AGREEMENT

BETWEEN CITY OF MADERA AND

SOCIAL VOCATIONAL SERVICES
This Local Partnership Agreement ("Agreement”) is entered into between the CITY OF MADERA, a California general law city (“City”) and Social Vocational Services (“SVS”) SVS. This Agreement shall be effective on the date signed by City, which shall occur after execution by SVS (“Effective Date”).

RECITALS
A. From time to time the City has a need for supplemental services to compliment the existing City workforce in providing services to the benefit of the community.

B. Through the Employ America program, SVS provides supervised work opportunities for people with intellectual and developmental disabilities.

C. City and SVS desire to partner with one another in providing meaningful supervised work opportunities to serve the community.

NOW, THEREFORE, in consideration of the promises and mutual agreements herein, City and SVS agree as follows:

AGREEMENT

1. Scope of Services. SVS shall provide Employ America Crews consisting of one (1) job coach and up to three (3) crew members to perform, to the satisfaction of City in accordance with this Agreement, the Services as defined in individual Participation Agreements. Such Participation Agreements may be executed by the City Manager, subject to funding appropriations in the City’s adopted annual operating budget. SVS shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform all Services committed to via Participation Agreements. At no time shall services be provided by any subcontractor or subconsultant of SVS.

2. Term of Agreement; Commencement of Services. The term of this Agreement shall be five (5) years commencing on September 02, 2026, and shall terminate on September 01, 2031, unless terminated earlier as set forth herein.

SVS shall commence the Services for each Participation Agreement after execution by both parties or as otherwise agreed to in the Participation Agreement and shall continue with the Services until SVS, as determined by City, has satisfactorily performed and completed the Services or until such time as the Agreement is terminated by either party in accordance with this Agreement, whichever is earlier.

3. Continuity of Personnel. SVS shall make every reasonable effort to maintain the stability and continuity of SVS'sstaff assigned to perform the Services under this Agreement. SVS shall notify City of any changes in SVS's staff assigned to perform the Services under this Agreement.

4. Compensation for Services. City shall compensate SVS for rendering the Services as follows:
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant by the amounts specified in the Participation Agreement(s) for services rendered.
(b) City reservesthe right to not request any services of SVS during the entire duration of this Agreement. SVS shall only be paid for services performed under this Agreementto the extent authorized by Participation Agreement(s) approved by the City Manager. The City does not guarantee any specific amount of work, if any, or billable hours that will be preauthorized. No overhead or other expenses can be recovered for interim periods when SVS’s services are not utilized by City.

Each month SVS shall invoice City for all work performed and expenses incurred during the preceding month. SVS’s invoice shall specify the billed hours and hourly rates for each Participation Agreement then in effect. (c) City shall independently review each invoice submitted by SVS to determine whether the work performed, and expenses incurred are in compliance with the provisions of this Agreement and any executed Participation Agreement. The invoiced amount shall be paid within 30 calendar days unless City disputes any charges or expenses. If any charges or expenses are disputed, City shall pay the undisputed amount, and notify SVS of the nature and amountof the disputed charge or expense. The partiesshall seek to resolve the disputed items(s) by mutual agreement. (d) Payment to SVS for work performed under this Agreement shall not be deemed to waive any defects in work performed by SVS.

5. Independent Contractor Status. SVS shall perform the Services as independent contractors and not as officers, employees, agents, or volunteers of City. Nothing contained in this Agreement shall be deemed to create any contractual relationship between City and SVS’s employees, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to SVS’s employees, any claim or right of action against City. Neither the City nor any of its employees shall have any control over the manner, mode, or means by which SVS or its agents or employees perform the services under this Agreement.

6. Qualifications, and Professional Standards. SVS represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner. In meeting its obligations under this Agreement, SVS shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of SVS under this Agreement. SVS shall utilize the standard of care and skill customarily exercised by members of their profession, shall use reasonable diligence and best judgment while performing the Services, and shall comply with and keep themselves informed of all applicable laws and regulations.

7. Power to Act on Behalf of City. SVS shall not have any right, power, or authority to create any obligation, express or implied, or make representations on behalf of City except as may be expressly authorized in advance in writing from time to time by City and then only to the extent of such authorization.

Record Keeping; Reports. SVS shall keep complete records showing the type of Services performed. City shall be given reasonable access to the records of SVS forinspection and audit purposes.

8. CityName and Logo. SVS shall not use City’s name orinsignia, photographs relating to the City projects for which SVS’s services are rendered, or any publicity pertaining to SVS’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City through its City Manager.

9. Conflicts of Interest. SVS warrants that neither SVS nor any of its employees have an interest, present or contemplated, which would conflict in any manner with the interests of the City, or which would in any way hinder SVS’s performance ofservices under this Agreement.

SVS covenants that no person having any such interest, whether an employee or subcontractor shall perform the Services under this Agreement. During the performance of the Services, SVS shall not employ or retain the services of any person who is employed by the City or a member of any City Board or Commission. City understands and acknowledges that SVS is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. SVS is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes ofthis section. City understands and acknowledges that SVS will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement, and any such future service shall not be considered a conflict of interest for purposes of this section.

10. Non-liability of Officers and Employees. No officer or employee of City shall be personally liable to SVS, or any successors in interest, in the event of a default or breach by City for any amount which may become due SVS or its successor, or for any breach of any obligation under the terms of this Agreement.

11. City Right to Form Other Local Partnerships. This Agreement is non-exclusive with SVS. City reserves the rightto form other local partnerships in connection with the Services.

12. Termination of Agreement. This Agreement shall terminate upon completion of the Services, or earlier pursuant to the following.
(a) For Convenience of City. This Agreement may be terminated by City or by SVS at each party’s discretion upon thirty (30) days prior written notice to the other party.
(b) For Breach of Either Party. If for any cause either party fails to fulfill in a timely and proper manner its obligations under this Agreement (the “breaching party”), the other party (the “terminating party”)shall have the rightto terminate the Agreement by giving not less than five (5) working days’ written notice to the breaching party of the intentto terminate and specifying the effective date thereof. The terminating party shall, however, provide the breaching party with a detailed statement of the grounds for termination. This statement shall include, as appropriate, references to specific provisions ofthisAgreement, dates, dollar amounts and otherinformation relevantto the decision to terminate for cause.
(c) Compensation to SVS Upon Termination. In the event termination is not due to fault attributable to SVS and provided all other conditions for payment have been met, SVS shall be paid compensation for services performed prior to notice of termination. In the event of termination due to SVS’s failure to perform in accordance with the terms of this Agreement through no fault of City, City may withhold an amount that would otherwise be payable as an offset to City's damages caused by such failure. (d) Effect of Termination. Upon receipt of a termination notice (or completion ofthis Agreement), SVS shall promptly discontinue all Services affected (unless the notice directs otherwise).

13. Insurance. All insurance policies shall be subject to City approval as to form and content. SVS shall provide City with copies of required certificates of insurance upon request.

Without limiting SVS’s indemnification of City, and prior to commencement of Work, SVS shall obtain, provide, and continuously maintain atits own expense during the termofthe Agreement policies of insurance of the type and amounts described below and in form satisfactory to the City.

Minimum Scope and Limits of Insurance
SVS 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 ISOformCG20 10 and must name the City and itsofficers,officials, employees, and agents shall be additional insureds under such policies; blanket additional insured forms or language will not be accepted. • $2,000,000 Automobile Liability combined single limit per accidentfor bodily injury or property damage atleast as broad asISO Form CA00 01 for all activities of SVS 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 name 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.

Maintenance of Coverage
SVS shall procure and maintain, forthe 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 SVS, its agents, representatives, employees, as specified in this Agreement.

Proof of Insurance
SVS shall provide to the City certificates of insurance and endorsements, as required, as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by the City prior to commencement of performance.

Current evidence of insurance shall be kept on file with the City at all times during the term of this Agreement. City reservesthe rightto require complete, certified copies of all required insurance policies, at any time.

Primary/Non-Contributary
SVS’s insurance shall allow and be endorsed as primary and not seek contribution from the City’s coverage.

Umbrella or Excess Liability
The limits of liability for commercial general liability and automobile liability may be provided through a combination of primary and umbrella or excess liability policies provided each policy complies with the requirements set forth in this agreement.

Policies shall be follow-form to the underlying policies shall include City and its officers, officials, employees, agents, and volunteers as additional insured. Umbrella or excess policies that do not provide a follow-form acknowledgement from the insurer/broker shall be required to provide any endorsements required on the primary policy that the Umbrella or excess policy is supplementing to meet coverage minimums.

Acceptable Insurers
All insurance policiesshall 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 or shall specifically allow SVS, or others providing insurance evidence in compliancewith these specifications,to waive their right of recovery prior to a loss. SVS hereby waives its own right of recovery against the City.

Broad coverage or blanket coverage forms will not be accepted; waiver of subrogation endorsement must name City of Madera.

Enforcement of Contract Provisions (non-estoppel)
SVS acknowledges and agreesthat any actual or alleged failure on the part of the City to inform SVS 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, orto the exclusion of other coverage, or a waiver of any type. If SVS maintains higherlimitsthan the minimumsrequired above, the City shall be entitled to coverage atthe higherlimitsmaintained by SVS.

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

Additional Insurance
SVS 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.

14. Indemnification. SVS 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 SVS’s performance of its obligations under this agreement or out of the operations conducted by SVS, 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 SVS’s performance of this agreement, the SVS 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.

15. Responsibility For Others. SVS shall be responsible to City for its services. SVS shall not be responsible for the acts or omissions of other parties engaged by City nor for their construction means, methods, techniques, sequences, or procedures, or their health and safety precautions and programs.

16. Compliance with All Laws. SVS shall be familiar with and shall comply with all City, State, and Federal laws and regulations applicable to the work to be performed under this Agreement. In providing the services required under this Agreement, SVS shall at all times comply with all applicable laws, regulations, and resolutions of the United States, the State of California, and the City of Madera now in force and as they may be enacted, issued, or amended during the term of this Agreement.

17. Assignment. Neither this Agreement nor any duties or obligations hereunder shall be assignable by SVS without the prior written consent of City. In the event of an assignmentto which City has consented, the assignee shall agree in writing to personally assume and perform the covenants, obligations, and agreements herein contained. In addition, SVS shall not assign the payment of any monies due SVS from City under the terms of this Agreement to any other individual, corporation or entity. City retainsthe rightto pay any and all monies due SVS directly to SVS.

18. Form and Service of Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, emailed, or sent by certified mail, postage prepaid and return receipt requested, addressed as follows:

To City: Arnoldo Rodriguez
City of Madera
205 West 4th Street
Madera, CA 93637
[email protected]
To SVS: Mariela Cardenas Mendez
2185 W Cleveland Ave., Suite J
Madera, CA 93637
[email protected]
Notice shall be deemed effective on the date personally delivered ortransmitted by facsimile, or if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

19. Entire Agreement. This Agreement, including any executed Participation Agreements, represents the entire Agreement between City and SVS, and supersedes all prior negotiations, representations, or agreements, either written or oral with respect to the subject matter herein. This Agreement may be amended only by written instrumentsigned by both City and SVS.

20. Authority. The signatories to this Agreement warrant and represent that they have the legal right, power, and authority to execute this Agreement and bind their respective entities.

21. Severability. In the event any term or provision of this Agreement is declared to be invalid or illegal for any reason, this Agreement will remain in full force and effect and will be interpreted as though such invalid or illegal provision were not a part of this Agreement. The remaining provisions will be construed to preserve the intent and purpose ofthis Agreement and the parties will negotiate in good faith to modify any invalidated provisions to preserve each party’s anticipated benefits.

22. Applicable Law and Interpretation and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. The language of all parts of this Agreement shall, in all cases, be construed as a whole, according to its fair meaning, and not strictly for or against either party. Any controversy or claim arising out of, or relating to, this Agreement which cannot be amicably settled without court action shall be litigated either in the appropriate State courtfor Madera County, California, or as appropriate in the U. S.District Court for the Eastern District of California, located in Fresno County. The rights and obligations of the parties and all interpretations and performance of this Agreement shall be governed in all respects by the laws of the State of California.

23. Attorney’s Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant, or condition ofthis Agreement,the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorneys’ fees and legal expenses.

24. Amendments and Waiver. This Agreement shall not be modified or amended in any way, and no provision shall be waived, except in writing signed by the parties hereto. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.

25. Third Party Beneficiaries. Nothing in this Agreement shall be construed to confer any rights upon any party not a signatory to this Agreement.

26. Execution in Counterparts. This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.

27. Non-Discrimination. SVS shall not discriminate on the basis of any protected class under federal or State law in the provision of the Services or with respect to any SVS employees or applicants for employment. SVS shall ensure that any subcontractors are bound to this provision. A protected class includes, but is not necessarily limited to, race, color, national origin, ancestry, religion, age, sex, sexual orientation, marital status, and disability. [SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the City and SVS have executed this Agreement on the date(s) set forth below.

CITY OF MADERA
a municipal corporation
By:

Cecelia K. Gallegos, Mayor
Date: _______________________________
VENDOR
By:

Date: _______________________________
ATTEST:

By:

Alicia Gonzales, City Clerk

APPROVED AS TO FORM
By:

Shannon L. Chaffin, City Attorney

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: September 2, 2026
Agenda Number: ___________
________________________________
Joseph Hebert, Parks & Community Services Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Amendment No. 1 to the Contractor Services Agreement with Elite Maintenance & Tree Service, Inc. for Professional Landscape Maintenance Services
RECOMMENDATION:

Adopt a Resolution approving Amendment No. 1 to the Contractor Services Agreement with Elite Maintenance & Tree Service, Inc.

SUMMARY:

On May 7, 2025, the City Council approved a Contractor Services Agreement with Elite Maintenance & Tree Service, Inc. (EMTS) for Professional Landscape Maintenance Services in the amount of $294,457.56 for the Downtown District, certain City facilities & non-medians, and median islands. The report unintentionally did not reference that the amount of $294,457.56 was per year of the Agreement for three years.

This report is provided to make the correction needed and clarify the Contractor Services Agreement approved on May 7, 2026, Resolution No. 25-82, was intended to read that staff was recommending awarding Request for Proposal (RFP) No. 202425-15 to EMTS in the amount of $294,457.56 per year. The agreement was set for a period of three years, with the option to extend the terms of the agreement for two additional years, with mutual consent.

DISCUSSION:

The City has historically retained contractors to perform landscape maintenance work at several City-owned properties, including the Downtown area, certain City facilities, and City median islands. These are broken into the three following groups.

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RETURN TO AGENDA
 Group 1 is the Downtown area map, which includes the areas north to south between North A Street to South E Street, and east to west from East 5th Street to East 6th Street.  Group 2 includes maps for non-medians and certain City facilities including, but not limited to, City Hall, Corporation Yard, Police Department, Frank Bergon Senior Center, and John Wells Youth Center.
 Group 3 includes such City medians along Yosemite Avenue, Gateway Drive, Howard Road, and Cleveland Avenue.

The current contractor, EMTS, has maintained the areas within the program since 2020.

Specifically, EMTS was awarded the agreement on February 19, 2020, under RFP 201920-08 at $200,880/year. The agreement was set for three years, with the option of a two-year extension with mutual written consent. On February 15, 2023, the Council approved Amendment No. 1 to the agreement for the two-year extension, extending the agreement through February 20, 2025.

The agreement was increased to $224,985.60/year for the two-year extension.

On February 5, 2025, the Council approved a 90-day extension to the agreement through May 21, 2025, to allow for finalization of RFP No. 202425-15 and submittals. The agreement's fee costs remained unchanged.

As a result, on February 19, 2025, RFP No. 202425-15 for Professional Landscape Maintenance Services was published.

On March 19, 2025, the City received four proposals from interested contractors. After review of the submitted proposals, staff recommended awarding RFP No. 202425-15 to EMTS for $294,457.56, with the intent of clarifying that the amount was per year, with the Agreement being set for three years, and an option to extend the terms for two additional years with mutual consent.

As of the writing of this report, EMTS has completed one year of the Agreement terms.

FINANCIAL IMPACT:

There is no additional financial impact associated with the request for Amendment No. 1 to the Contractor Services Agreement with EMTS, as the annual cost of $294,457.56 was budgeted for accordingly in Fiscal Year 2026/27. The costs are broken down into three respective budgets as follows:
 $8,010.96 in City’s Parking District Operations budget (4140-0000-6440), funded by the Downtown Association (Group 1)
 $88,988.76 in Parks Maintenance budget (1020-6100-6440), funded by the City’s General Fund (Group 2)
 $197,457.84 in Median Landscaping budget (1020-6120-6440), funded by the Gas Tax revenue (Group 3)
ALTERNATIVES:

In considering the Council's options regarding the approval of Amendment No. 1 to the EMTS Agreement for landscape maintenance services, a potential alternative is identified for consideration:
 The Council may choose to request that staff bring additional information back to a subsequent meeting. This option allows the Council to seek further clarification on specific aspects of the request. This action, however, does limit the City from processing payments for EMTS, as a Purchase Order needs to be processed for the annual cost during FY 2026/27 but cannot be processed since the agreement language does not clarify whether the value of $294,457.56 is per year for three years.

ATTACHMENTS:

1. Resolution approving Amendment No. 1 to the Contractor Services Agreement with Elite Maintenance & Tree Service, Inc.
a. Exhibit 1 – Amendment No. 1

2. Resolution No. 25-82, with the executed Contractor Services Agreement ATTACHMENT 1
Resolution approving Amendment No. 1 to the Contractor Services Agreement with Elite Maintenance & Tree Service, Inc.

Exhibit 1 – Amendment No. 1
RESOLUTION NO. 26 - _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA APPROVING AMENDMENT NO. 1 TO THE CONTRACTOR
SERVICES AGREEMENT WITH ELITE MAINTENANCE & TREE SERVICE, INC.

WHEREAS, the on February 19, 2025, City of Madera released a Request for Proposals (RFP) No. 202425-15 calling for Professional Landscape Maintenance Services; and WHEREAS, the IFB No. 202425-15 was duly noticed and published accordingly; and WHEREAS, the City received 4 bids as of March 19, 2025; and WHEREAS, the 4 bids were evaluated for completeness, responsiveness, and cost; and WHEREAS, EMTS Inc submitted the most responsive, responsible, and complete proposal at $294,457.56 per year; and
WHEREAS, on May 7, 2025, the City Council approved a Contractor Services Agreement with Elite Maintenance & Tree Service, Inc. (EMTS) for Professional Landscape Maintenance Services in the amount of $294,457.56 per year; and
WHEREAS, the report to the City Council on May 7, 2025, did not indicate that the fee for services would be $294,457.56 per year; and
WHEREAS, the agreement was set for three years through May 7, 2028, with the option of a two-year extension with written mutual consent; and WHEREAS, Amendment No. 1 clarifies the value of the agreement as $294,457.56 per year, for three years, through May 22, 2028.

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

1. The above recitals are true and correct.

2. The City Council approves Amendment No. 1 to the Contractor Services Agreement between the City of Madera and EMTS for Professional Landscape Maintenance Services attached hereto as Exhibit 1 and incorporated by reference.

3. This Resolution is effective immediately upon adoption. *******
Exhibit 1 – Amendment No. 1
AMENDMENT NO. 1 TO THE CONTRACTOR SERVICES AGREEMENT WITH ELITE MAINTENANCE & TREE SERVICE, INC. FOR PROFESSIONAL LANDSCAPE MAITENANCE SERVICES This Amendment No. 1 to the Contractor Services Agreement with Elite Maintenance & Tree Service, Inc. For Professional Landscape Maintenance Services between the City of Madera (City) and Elite Maintenance & Tree Service, Inc. (EMTS) (Service Provider) is entered into and effective September 2, 2026.

RECITALS
WHEREAS, the City entered into a Contractor Services Agreement with Elite Maintenance & Tree Service, Inc. (EMTS) for the professional landscape maintenance services; and WHEREAS, the agreement was set for three years through May 22, 2028, with the option of a two-year extension with written mutual consent; and WHEREAS, the parties desire to enter into this Amendment No. 1 to clarify the value of the Agreement as $294,457.56 per year, for three years, through May 22, 2028.

AMENDMENT
SECTION 1. Section 3(a) of the Agreement entitled “Compensation for Services” is amended to read in its entirety as follows:
(a) Subject to any limitations set forth in this Agreement, the city agrees to pay Contractor by the amounts specified in the Schedule of Compensation attached hereto as Exhibit B and incorporated herein by this reference. Both parties agree that Contractor’s total compensation shall not exceed $294,457.56 per year.

SECTION 2. Except as amended herein, all other terms and provisions of the Agreement shall remain in full force and effect.
///
The Parties hereby approve this Amendment No. 1 To The Contractor Services Agreement With Elite Maintenance & Tree Service, Inc. For Professional Landscape Maintenance Services.

CITY OF MADERA ELITE MAINTENANCE & TREE SERVICE, INC.

By: _______________________________ By: _________________________________ Cecelia K. Gallegos, Mayor Print Name:

Title: _______________________________
Date: ______________________________ Date: _______________________________ APPROVED AS TO FORM:

Aleshire & Wynder, LLP
By: _________________________________
Shannon Chaffin, City Attorney
ATTEST:

By: _________________________________
Alicia Gonzales, City Clerk
ATTACHMENT 2
Resolution No. 25-82, with the executed Contractor Services Agreement

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: September 2, 2026
Agenda Number: ___________
_________________________________
Alicia Gonzales, City Clerk
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
2026 Old Timers Day Parade and Booths in the Park event entries RECOMMENDATION:

Approve a Minute Order authorizing the City Manager to execute documents necessary for any City entries in the Old Timers Day Parade and related Booths in the Park event scheduled September 26, 2026
SUMMARY:

The City Council and various City departments have traditionally participated in the Old Timers Day Parade. The parade is one of Madera’s most historic and longest legacies. This day marks the parade’s 95th year of history. In order for Councilmembers or other City departments to participate in the parade event or booths in the park, applications including hold harmless agreements, must be executed. In addition, an entry fee is paid per entry and the City typically has several entries, such as emergency response vehicles.

DISCUSSION:

The 2026 Madera Old Timers’ Day Parade and Booths in the Park event will occur on the morning of Saturday, September 26, 2026. The City Council has historically participated in the event, as well as City departments. In order to participate, applications and hold harmless agreements must be executed on behalf of the City and submitted to event organizers. The requested action is to authorize the City Manager to execute any required documentation for these entries on behalf of the City.

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RETURN TO AGENDA
FINANCIAL IMPACT:

The parade and park events have various entry fees depending on the type of entry. Cost ranges from $50 to $100 depending on the entry. Funds to pay for the entry fees would come from existing budgeted dollars; there is no request for additional appropriation of funds.

ALTERNATIVES:

The Council may direct staff not to participate in the parade.

ATTACHMENTS:

1. Parade Entry Form and Hold Harmless Agreement

2. Booths in the Park Application and Liability Release and Hold Harmless Agreement

2. 1.

Category of Entries (SELECT ONE)
(see parade rules #5 & #6)
Class: 1 Floats
Commercial
Youth Groups
Organizations
Class 2:Military Units
Drill Teams
Color Guard
Class 3: Bands
High School (over 1600 students)
High School (700-1599)
High School (100-699)
Junior High School
Class 4: Drill Teams (Non Military)
Auxiliary – Jr.

Auxiliary – Sr.

Class 5: Majorette/Drum Majors
Majorette, Peewee Group (3 or more)
Majorette, Single Junior
Majorette, Single Senior
Majorette, Jr. Group (3 or more)
Majorette, Sr. Group (3 or more)
Drum Major, Junior. High School
Drum Major, Senior High School
Class 6 Open Class
Future Horseman (ages 1 - 8)
Costume or Western
Junior Equestrian (ages 9 - 12)
Class 7: Divided Classes (Male & Female)
Mounted Group
Color Guard
Charro/Charra
Parade Horse or Pony
Charro/Charra Costume
Working Horse Western – Jr.

Working Horse Western – Sr.

Fancy Dressed Western – Jr.

Fancy Dressed Western – Sr.

Plain Western – Jr.

Plain Western – Sr.

Novelty – Fiesta (Jr. & Sr.)
Class 8: Hitch Classes
Horse
Pony
Mule
Class 9: Special Groups
Antique Auto
Antique Auto Group (3 or more)
Classic Auto
Classic Auto Group (3 or more)
Decorated Auto, Truck, Car, or Boat
Dune Buggy or 4-Wheel Drive
Comic
Street Rods
Motorcycle
Old Fire Trucks
Class 10: Youth Groups
Dance Group
Performing Gymnastics Group
Youth Comic
Scout Troops
Bike Group/Clubs
Cheer
Youth Activities-Other
Class 11: Non-Judged
Commercial
Political Individual/Group
Miscellaneous
Entry Fees:

Political $100.00
All Others $45.00
Late Fees (after 9/16/2026) $20.00
No Entry Fee for Bands
Completed signed application and hold
harmless agreement can be mailed or
delivered to:

Old Timers’ Day Parade
c/o Madera Chamber of Commerce
120 North E Street
Madera, CA 93638
Or email forms to: [email protected]
Please make checks payable to:

Madera Downtown Association

PARADE RULES

1. Parade starts at 10:00 a.m. SHARP!

2. Forward motion at all times. Units will be
penalized for delay.

3. Maintain approximately 50 ft. between units.

4. NO throwing or distributing of candy or objects
to spectators.

5. Junior Units are age 13 and under. (circle)

6. Senior Units are age 14 and older. (circle)

7. Bands should play often along route.

8. Identification numbers are to be placed in
view of the judges (facing north).

9. Entries involving vehicles or animals must
maintain control of same at all time.

10. Entries may enter in only one category.

11. Only one trophy awarded per entry.

12. Children under the age of 6 may not enter
unless accompanied by a person 18 years of
age or older.

13. Parade officials reserve the right to discharge
any parade participant…

14. All vehicles participating in parade must be
insured for liability.

PARADE GOES ON RAIN OR SHINE!

AWARDS CEREMONY
After the parade, and upon judges final
tallying of scores, the Awards Ceremony will
be held after the parade, at Courthouse Park.

AWARDS
1st, 2nd & 3rd Place categories receive trophies.

Bands: In addition to 1st, 2nd, and 3rd place
trophies, the school who places 1st Overall
(band, aux., and drum major) will receive
$200.00
Equestrian: All will be judged by CAHA judge.

The 1st Overall equestrian will receive $150.00,
2nd Overall will receive $100.00 and 3rd Overall
will receive $50.00. Trophies will be awarded
for all equestrian entries.

ENTRY FORM
2026 Old Timers’ Day Parade
Saturday, September 26, 2026
Entries Close September 16, 2026
Organization Name
Authorized Representative
Address
City Zip
Phone
Email
# of Participants # of Vehicles
Entry Type
(ex: Semi-Trailer/Car/Truck/Horses/Float/Harley)
Approx. length of entry
Amount Enclosed $
My signature certifies the category of entry in which
to be judged. In entering this event, I agree to
accept the decision of the duly appointed judges. I
have read and agree to abide by all rules and
regulations of the event. I agree to release the
Madera Downtown Association, Madera Sunrise
Rotary, and all their associates affiliates with this
event from any, and all, responsibility for loss,
damage, and/or personal injury to any person or
property from any participation in this event. I also
confirm that this entry holds a current liability
insurance policy to cover event participation.

Signature of Authorized Representative
Questions ??
Call: 559-474-9901 or Email: [email protected]

2. 1.

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1. 3.

2. 3. 1.

2. 3.

4. 5.

6. 7.

8. 9.
10 1.

2. 3.

4. 1.

2. 3.

4. 5.

6. 7.

1. 2.

3. 4.

5. 6.

7. 1.

2. 3.

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3. 4.

5. 6.

7. 8.

9. 10
11 12
2026 Old Timers Day Parade

HOLD HARMLESS AGREEMENT
In submitting this application, the Applicant (organization/group name) , and its agents and those assigned, agrees to release and hold harmless the, Madera Downtown Association, City of Madera, Madera Sunrise Rotary Club, and their directors, members, employees, volunteers, and other representatives, and to promptly indemnify same, from and against any and all claims, actions, damages, liability of every typed and nature, including all costs and legal expenses incurred by the applicant or any other party, by reason of any activity arising under, or in connection with the applicant’s participation in the Old Timers Day Parade including but not limited to loss of life, personal injury, and/or damage to property arising from, or out, of any occurrence, omission, or activity to such participation.

In the event Madera Downtown Association, City of Madera, and Madera Sunrise Rotary Club shall be made a party to any litigation by or against the Applicant, then the Applicant shall hold the Madera Downtown Association, City of Madera, and Madera Sunrise Rotary Club harmless and shall pay all cost, expenses and attorney’s fees incurred or paid by them in connection with such litigation. In signing below, I verify that in consideration of your acceptance of this entry, I intend to be legally bound myself , my heirs, executors and administrators, waive and release any and all rights I may have against Madera Downtown Association, City of Madera, and Madera Sunrise Rotary Club, and all other associated sponsors, promoters, and agents for any and all injuries suffered by me in conjunction with/and or arising in and out of my traveling to, participate in, and returning from Old Timers Day Parade.

By signing this document, the applicant certifies that they have read, understand and will comply with the Old Timers Day Parade Rules and Regulations. The applicant further certifies that all members participating in the unit identified in the application have been advised of and are knowledgeable of said rules and regulations and have agreed to comply with them. The applicant further agrees to hold harmless, the Madera Downtown Association, City of Madera, Madera Sunrise Rotary Club and its designated representatives, volunteers and sponsors, for all claims, damages and liability arising from any injury associated with the parade in all manner.

THIS HOLD HARMLESS AGREEMENT MUST BE SIGNED OR THE APPLICANT WILL NOT BE ADMITED TO THE PARADE.

I agree to the Hold Harmless Agreement.

SIGNATURE OF AUTHORIZED REPRESENTATIVE TO GIVE CONSENT:

Print Name of AUTHORIZED REPRESENTATIVE TO GIVE CONSENT Date
The Madera Downtown Association & Madera Sunrise Rotary 2026 Old Timers’ Day Parade
SATURDAY SEPTEMBER 26, 2026 AT 10:00 A.M.

Entries due by September 16, 2026
Announcers Script Information
Please tell us a little about your entry, your past awards, and other parades you’ve been involved in. If your entry is a float, please tell us who built it, the name of your sponsors, etc. This information will be read by the parade announcer and will be used in the pre-parade publicity. Please limit your script to 50 words. We will edit your script if necessary.

Your entry will be final when all paperwork; entry form, hold harmless agreement, publicity information sheet, and payment has been submitted. After completion of parade application forms, please make a copy for your records.

Mail or deliver your completed entry form, with payment (Cash, Check, or Credit Card, to):

Madera Old Timers’ Day Parade c/o Madera Chamber of Commerce 120 N. E St. Madera, CA 93638
Or email forms to: [email protected]
Please contact the parade organizer with any questions
at: [email protected] or (559) 474-9901

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: September 2, 2026
Agenda Number: ___________
________________________________
Harpiar Gandhi, Public Works Ops Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Porsche Club of America Special Activity Permit for Autocross Events at the Airport RECOMMENDATION:

Adopt a Resolution approving a Special Activity Permit for the use of designated areas of the Madera Municipal Airport for Porsche Club of America Autocross Events for Fiscal Year 2026/27 SUMMARY:

The Porsche Club of America (PCA) is requesting authorization to use the closed Runway 8-26 (Runway) at the Madera Municipal Airport (Airport) for autocross performance driving events between September 2026 and May 2027. The City has approved the PCA's request for a Permit in 2018, 2019, 2022 through 2024, inclusive, the early part of 2025, and for Fiscal Year (FY) 2025/26. On August 19, 2026, the PCA's Sequoia Region submitted its completed renewal Confirmation Packet requesting permission to continue using the Runway for five events during FY 2026/27.

DISCUSSION:

The PCA organizes social, driving and club-style events including Autocross events. Autocross is a sport driving competition focused on navigating a car through a defined course of pylons. The courses are set up using soft orange traffic pylons and speeds range between 40 to 65 miles per hour. Event organizers place an emphasis on driver skills and car performance. The PCA emphasizes safety and the importance of uninterrupted airport operations as priorities when using the Airport for their events.

B-9

RETURN TO AGENDA
The autocross course stays within the confines of the restricted runway and attendees access the event from Avenue 16 and do not impede aviation traffic or cross the main taxiway or Runway 12-30. The event dates for the current permit request are listed in Table 1 below.

On August 19, 2026, the PCA's Sequoia Region returned its completed FY 2026/27 Confirmation Packet. Per that packet, the event/course area, access route, and Table 1 activity schedule approved for FY 2025/26 (Exhibits A, B, and G) remain unchanged, and the Club continues to use the City’s standard Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement (Exhibit D) for every participant. The Club has added a fifth event date this cycle and has updated its principal event contacts and notice address: Russell K. Weber, AutoX Coordinator, Sequoia Region PCA, PO Box 26293, Fresno, CA 93720 ([email protected]), with Larry Kirlin serving as Assistant Event Coordinator.

Table 1: Event Dates
Event 1 Event 2 Event 3 Event 4 Event 5
September 12, 2026 October 10, 2026 March 13, 2027 April 10, 2027 May 8, 2027 FINANCIAL IMPACT:

Staff negotiated a rate of $350 per event with the PCA in the prior cycle, and the PCA has agreed to continue at that same rate. This Permit will allow five autocross events, generating $1,750 (5 x $350) in revenue for the Airport, and the PCA will be required to carry appropriate insurance for each event. Costs related to staff time include the time for a pre-inspection and postinspection; staff presence is not required during the event, and no staff time is dedicated to set up or cleanup for the event.

Any other incidental expenses are expected to be absorbed within the existing departmental budget and will not require additional appropriations.

ALTERNATIVES:

As an alternative, Council may:
 Direct staff to further negotiate the terms of the Permit.  Decline to approve the Permit.

ATTACHMENTS:

1. Resolution
a. Exhibit 1: Special Activity Permit
i. Exhibit A: Site Plan of Runway 8-26
ii. Exhibit B: Access Route to Event Location
iii. Exhibit C: Federal Aviation Administration Assurances iv. Exhibit D: City of Madera Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement
v. Exhibit E: Insurance Requirements for Porsche Club of America Special Event at the Madera Municipal Airport
vi. Exhibit F: Incident Report
vii. Exhibit G: Map of Event Course
RESOLUTION NO. _______

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

CALIFORNIA, APPROVING A SPECIAL ACTIVITY PERMIT FOR THE USE OF

DESIGNATED AREAS OF THE MADERA MUNICIPAL AIRPORT FOR THE 2026-2027 PORSCHE CLUB OF AMERICA AUTOCROSS EVENTS
WHEREAS, the Porsche Club of America (Permittee) has requested authorization to use an area of the Madera Municipal Airport (Airport) for autocross events during Fiscal Year 2026/27; and
WHEREAS, the Airport has available space on the closed runway that will not present any safety hazard or detriment to normal operations of aircraft at the Airport; and WHEREAS, participants and spectators will access the event via Avenue 16 so as not to interrupt normal airport operations; and
WHEREAS, five events are planned during Fiscal Year 2026/27; and WHEREAS, the Permittee shall remit $350 per event to the Airport for a total of $1,750 through the duration of the permit; and
WHEREAS, the Permittee shall be limited to the area outlined in the permit; and WHEREAS, the City and the Permittee have agreed upon terms for the attached Special Activity Permit.

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

1. The above recitals are true and correct.

2. The City Council approves of the Special Activity Permit between the City and the Porsche Club of America, a copy of which is attached and incorporated herein.

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

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SPECIAL ACTIVITY PERMIT FOR THE USE OF DESIGNATED AREAS OF THE MADERA MUNICIPAL AIRPORT FOR THE 2026-2027 PORSCHE CLUB OF AMERICA AUTOCROSS EVENTS THIS IS TO CERTIFY THAT the City Council (“Council”) of the City of Madera ("City"), at a regular meeting held on September 2, 2026, considered and approved this Special Activity Permit (“Permit”) for use of the restricted Runway 8-26 (“Runway”) at the Madera Municipal Airport ("Airport") for scheduled non-aviation-related events and activities in conjunction therewith, and subject to the following conditions and restrictions and to further certify that by execution thereof Porsche Club of America ("Permittee") agrees to all the terms and conditions of this Permit.

REQUEST:

Request by the Porsche Club of America, a corporation of the State of Maryland registered to do business in California, for permission to use the Airport’s Runway, as indicated on Exhibit A attached hereto and made a part hereof.

BACKGROUND:

The City initially received a request from the Permittee in December 2017 to use the Airport, and since 2018 Council has approved their request for a Permit in 2018, 2019, 2022 through 2024, inclusive, the early part of 2025, and for Fiscal Year 2025-2026. On August 19, 2026, Permittee’s Sequoia Region submitted its completed renewal Confirmation Packet requesting permission to continue using the Runway for five events during Fiscal Year 2026-2027. The autocross course stays within the confines of the restricted runway and attendees access the event from Avenue

16. The participants and attendees do not impede aviation traffic nor do they cross the main taxiway or Runway 12-30.

COUNCIL ACTION:

The City Council adopted the following findings in justification of this Permit and grants the Permit as described herein subject to each of its Conditions of Approval and authorized the Mayor to execute same as described herein.

FINDINGS:

In issuing this Permit, the City Council hereby finds that, under strict conditions of approval:

1. Permittee’s automotive, non-aviation-related event and use of the Runway area and Airport facilities will not be detrimental to the environment or to the health, safety, peace or general welfare of the City, the Airport, the surrounding properties, or the communityat-large.

2. Permittee’s non-aviation-related activities will not be detrimental to the utility of the Airport or to Airport property and improvements.

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3. Permittee’s non-aviation-related activities, if conducted in accordance with the Conditions of this Permit, will not be inconsistent with the Environmental Guidelines, the General Plan, the Airport Master Plan, the Airport Layout Plan, the Airport Operating Ordinance and the Zoning Ordinance of the City.

4. Permittee’s non-aviation-related activities and use of the Airport facilities will not create a safety hazard to the normal operations of aircraft arriving or departing from the Airport.

5. Reasonable time periods can be and are herein designated for Permittee’s non-aviationrelated activities.

6. Permittee shall pay $350.00 per event for this proposed use.

7. The form and amount of insurance as required in Exhibit E, attached hereto and incorporated herein, naming the City as additional insured parties to be obtained from the Permittee are reasonably related to the Airport’s risk exposure and are not unjustly discriminatory. It is further found that because these insurance requirements are appropriate under the unique characteristics of the proposed use, this finding shall not be construed to indicate a precedent for insurance requirements for any other use.

CONDITION PRECEDENT:

Approval of this proposed use of the Airport by the Federal Aviation Administration (FAA) shall be a condition precedent to the effectiveness of this Permit. City shall have sole discretion to determine the satisfaction of this condition, which discretion shall be exercised upon a reasonable basis after conferring in good faith with Permittee. The City is responsible for obtaining FAA approval and Permittee shall fully cooperate with the City’s efforts related thereto.

EVENT DESCRIPTION:

The event is a periodic autocross event on the second Saturday of the months of September 2026, October 2026, and March through May 2027. Event participants on the Runway will navigate a temporary course marked by traffic cones in a timed competition. The term “Runway” in this Permit includes the asphalt closed Runway 8-26 and the southwestern end of abandoned taxiway C consistent with Exhibits A and B, attached hereto and incorporated herein. The event organizers place an emphasis on driver’sskill and car performance; and performance is measured by time. All vehicles will be checked by Permittee for safety and adequately prepared for timed racing.

Event participants will race on a course set up on the Runway. The autocross-timed-racing course will be set up substantially as shown on Exhibit B, attached hereto and incorporated herein; no other portions of the Airport will be used for automotive activities. The event will not involve producing, assembling, or selling any products onsite.

For the dates listed above for the automotive activities, up to 100 members of the Porsche Club of America will be at the Airport at any one time. Permittee staff will deliver and set up portable equipment on the Friday prior to the event from 12:00 p.m. to 6:00 p.m. The autocross course

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will be set up on Saturday of the event, prior to racing activities. Autocross-timed-racing activities will occur between the hours of 7:00 a.m. and 5:00 p.m. Table 1 provides a summary of event activities by day and time.

TABLE 1. Activities Schedule
Day Start End Event/Description Maximum
People Present
Friday 12:00 p.m. 6:00 p.m.

Deliver Portable
Toilet
5 Saturday
7:00 a.m. 9:00 a.m. Registration and
Course Setup
100
9:00 a.m. 9:30 a.m.

Drivers' Meeting
and Course WalkThrough100
9:30 a.m. 4:00 p.m.

Autocross Event
(Timed Runs) 100
4:00 p.m. 5:00 p.m.

Loadout and
Cleanup
25 Monday 8:00 a.m. 12:00 p.m. Pickup Portable
Toilet
2 Exhibit B shows the route participants will use to access the Runway, namely, accessing the facility through the gated entrance on Avenue 16 to avoid crossing the apron, taxiway, and Runway 12-30, the main runway. In its advertising and promotional materials, Permittee shall promote the commerce of the Airport, the City, and City facilities by promoting local businesses and working with the City to create promotional materials for the events if requested by the City.

TERM OF PERMIT:

The permit will take effect after approval by the City Council and execution by all parties. Specific event dates will be September 12, 2026; October 10, 2026; March 13, 2027; April 10, 2027; and May 8, 2027. Modification to event dates as stated herein due to unforeseen circumstances may only be made by mutual written consent between the City of Madera by its City Manager and Permittee.

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FEE:

Permittee shall pay $350.00 per event to the City of Madera at least one week in advance of that event and state the event date on the check. Payment must be submitted to:

City of Madera Finance Department
Attn: Miscellaneous Accounts Receivable
205 W. 4th Street
Madera, CA 93637
BUSINESS LICENSE:

No later than thirty (30) days prior to conducting any activity under the authority granted by this Permit, Permittee and any of its contractors or subcontractors for the event must apply, pay for, and receive a City of Madera Business License from the City’s Finance Department.

CONDITIONS OF APPROVAL:

This Permit is issued by the City and is accepted by Permittee upon the following terms, covenants, and conditions, and the breach of any said terms, covenants, or conditions will be deemed sufficient cause for the suspension or termination of the Permit.

I. OPERATIONAL CONDITIONS

1. Permittee’s non-aviation-related activities shall be confined to the areas of the Runway and Airport facilities designated by the City and shown in Exhibits A and B. Use of any other areas of the Airport for activities pursuant to this Permit must be approved in advance and in writing by the City by its City Manager. The City shall have final approval of all site plans as provided herein and Permittee shall implement all safety measures required by the City to ensure public safety and to safeguard users of the Airport and aircraft. The City reserves the right to relocate or to cancel or suspend any event at any time if, in the opinion of the City, such relocation or suspension/termination is required for the public safety or the safe operation of the Airport.

2. Pre-and post-event site inspections will be conducted by representatives of Permittee and the City, at a date and time agreed in writing prior to the Event, to determine existing conditions and evaluate in writing potential damages, if any. Each day autocross racing is conducted on the Runway, representatives of Permittee and the City shall inspect the racing course prior to the racing day and following that inspection and after any remedial actions taken, except for any condition identified in writing by the Permittee or by the City at the time of the inspection, Permittee agrees to accept the condition of the runway and the racing courses “as is” with respect to all conditions which may then exist. The cost to the City to repair or replace any post-event damage, or to remove and clean any material or oil or gas spill remaining on the event site after the end of the event period as shown in Table 1 shall be assessed to Permittee at actual cost for labor, equipment, and materials. Such assessment will be presented to Permittee in writing, with payment due

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within 15 calendar days from service of assessment. Failure to pay any assessments by the due date will immediately terminate this Permit. Permittee’s use of the Airport must not affect access to, or the use of premises leased to the City’s tenants at the Airport.

3. Prior to conducting any activities on the Airport, Permittee will provide a final written schedule of its proposed activities to the City and will keep City staff fully informed on a timely basis, at least one week in advance if reasonably possible, by providing prior written notice concerning any and all changes concerning events listed in that schedule.

Prior to the event, Permittee will provide to the City a current list of names, phone numbers, and e-mail addresses for principal contact persons who are responsible for the conduct of that event both on- and off-site and who should be contacted in case of emergency. Prior to the first scheduled event under the Permit, Permittee will attend a pre-event briefing with City staff to ensure coordination of the event and emergency procedures when required by the City.

4. Permittee’s non-aviation-related and other activities shall be conducted only between 6:00 a.m. and 6:00 p.m. The City will not provide staff on-site during this time other than as required in this permit for site inspection.

5. An accurate plan of the location of all events and related activities must be prepared by Permittee and approved in advance by the City. This plan, attached as Exhibit G and incorporated herein, should include but is not be limited to safety setbacks, crowd lines, and parking areas for visitors and participants.

6. Traffic entering or leaving the Runway and adjacent areas shall not cross Runway 12-30, but shall access the event site through the gate on Avenue 16 by following the route shown on Exhibit B. A traffic management plan showing the Airport gate and route to be used for ingress and egress to the event site, the location of directional signs, security fencing, and barricades, if needed, shall be submitted to the Public Works Operations Director at least thirty (30) days before the Event.

7. Set-up and break-down of course equipment associated with any event will occur on the same day as event activities. All equipment and materials on the Runway must be removed before 6:00 p.m. on the same day as the event and the site returned to its preevent condition, unless other arrangements are approved in advance by the City.

Permittee is responsible to pay any maintenance or cleanup costs associated with the event. Permittee is responsible for installing and securing any traffic cones, signs, striping or tape used to delineate areas, trash cans, portable toilets, tents, structures or other materials, equipment or supplies brought onto the site for any event. If water is required to clean the event site, it shall be accomplished using non-potable water whenever possible, unless potable water is required for reasons of health or safety. If Permittee’s activities on the site damage the runway due to a fuel spill or other reason and the runway softens or otherwise becomes degraded as a result, Permittee will be responsible for the cost of repairs to the Runway. If, in the sole determination of the City, the event site requires sweeping for rocks and small debris following an event as a result of Permittee’s

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activities, the City will notify Permittee who will have an option to sweep debris from the site to the satisfaction of the City or to request the City to sweep debris. In the event that City personnel are required to remove debris from the event site, Permittee shall be assessed a Public Works Special Event Labor charge consistent with the City of Madera Master Fee Schedule. All sweeping by Permittee must be completed no later than 5:00 p.m. on the day following autocross racing activities. If sweeping is not completed within the designated timeframe, the City will sweep the site and assess the applicable fee to Permittee. Any assessed sweeping fee will be presented in writing to Permittee and must be paid within 15 calendar days. Failure to pay assessed sweeping fees as prescribed will immediately terminate this Permit.

8. Ample garbage and refuse containers with snug fitting lids must be provided for food facilities and for public use to the satisfaction of the City. Garbage and refuse containers must be emptied as necessary during any event so as not to overflow during or after an event. All trash must be removed from the site and Airport no later than the day following the event. If City personnel are required to remove garbage or refuse from the event site, Permittee shall be assessed a Public Works Special Event Labor Charge consistent with the City of Madera Master Fee Schedule, and Permittee shall pay said charge within 15 calendar days of receiving the written assessment from the City. Failure to pay assessed fees as prescribed will immediately terminate this Permit.

9. Adequate portable restrooms will be provided by Permittee for any event in such numbers and locations as may be required by the Madera County Health Department and the City. These portable restrooms must be serviced and pumped by a sanitation truck as required and removed from event site at the conclusion of activities. There must be no dumping of any materials into existing sewers serving the Airport.

10. Fire extinguishers fully charged and with tags affixed, must be provided by Permittee as required by the City’s Fire Department. There will be no open-air use of hazardous or flammable materials. All fuel shall be stored and dispensed properly from adequately vented containers.

11. First aid kits and supplies shall be supplied by Permittee and be available on-site for the duration of the event period as shown in Table 1.

12. Any accident requiring medical attention must be reported to the City using the Incident Report, as shown on Exhibit F, attached hereto and incorporated herein, within 24 hours from the time of the incident. The report shall be emailed to the Public Works Operations Director and include a description of the occurrence, name and contact information for the injured party, names and contact information for witnesses, and disposition of the medical event.

13. Permittee acknowledges that it has received and will abide by the regulations set forth in the Airport Regulations in Title III, Chapter 6, of the Madera Municipal Code:
https://codelibrary.amlegal.com/codes/madera/latest/madera_ca/0-0-0-924

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14. Permits must be obtained from the Madera County Health Department for any temporary food or beverage service or preparation facilities at least ten (10) days prior to an event.

15. Parking for motor vehicles, including utility trucks, shall be as designated on the site plan in areas outside the fenced air operations areas of the Airport. There must be no overnight or vehicle camping or long-term (more than 72-hours) vehicle storage on Airport property, unless same is approved in advance by the City Manager in writing. Any circumstances which arise during an event which is expected to impact Permittee’s ability to leave the site clean and vacant, such as the presence of an inoperable vehicle, shall be immediately communicated to the Public Works Operations Director.

16. Permittee will be responsible for, and must take all measures required to ensure that participants or spectators do not trespass onto leased premises at the Airport or outside of designated areas, as shown in Exhibit A.

17. To the extent applicable, Permittee shall comply with all FAA assurances as shown on Exhibit C, attached hereto and made a part hereof.

18. Permittee shall cooperate with the City in notifying pilots, users, and tenants of the Airport about the Permittee’s event activities and explaining how these activities will affect the Airport and airport operations.

19. Sponsorship banners and signs are allowed within the designated event area in locations approved by the City and indicated on the site plan. Banners and signs shall be promptly removed at the conclusion of the event.

20. No person shall possess or consume any alcoholic beverage or drug that affects cognitive or motor abilities in or around any areas of the Runway when Permittee’s activities are taking place. No person employed by or providing service to Permittee shall possess, consume, and/or be under the influence of any alcoholic beverage or drug that affects cognitive or motor abilities in or around any areas where Permittee’s activities are taking place.

II. RELEASE AND WAIVER OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, INSURANCE,

AND INDEMNIFICATION REQUIRED
Release and Waiver of Liability and Assumption of Risk Agreement. Each participant in motorized vehicle operation including, but not necessarily limited to, driving, autocross, and slalom exercises and any passenger shall, prior to such participation, sign a Release and Waiver of Liability and Assumption of Risk Agreement, a copy of which is attached hereto as Exhibit D, and a copy of every such executed Agreement shall be provided to the City at the conclusion of each day’s event which involves operation of motor vehicles on the Airport. (Permittee shall use Exhibit D in not less than an 8 ½” by 14” format.)
Insurance. Permittee agrees to provide insurance in accordance with the requirements set forth in Exhibit E Insurance Requirements, attached hereto and incorporated herein. If Permittee uses existing coverage to comply with these requirements and that coverage does not meet the

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requirement set forth herein, Permittee agrees to amend, supplement or endorse the existing coverage to do so.

Cancellation. In the event of cancellation, reduction of or change in coverage, or a substantial premium increase (in excess of $500.00) of the City’s airport liability insurance as a result, in whole or in part, of the operations allowed by this Permit, this Permit shall be suspended effective as of the date of any such change. Upon receipt of notice of any such change in coverage, City shall promptly notify Permittee.

Indemnity. Permittee shall indemnify, defend, and hold harmless the City, and its officers, employees, and agents (“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 Permittee’s activities under this agreement or out of the operations conducted by Permittee, including the City’s active or passive negligence, 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 Permittee’s activities under this agreement, the Permittee 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.

III. SUSPENSION OR TERMINATION
This Permit for non-aviation-related activities may be immediately suspended at any time for a violation of any of the conditions of approval as set forth herein. Written notice of suspension shall be given to Permittee, or that person then in-charge of conducting Permittee’s activities on the Airport, by the City Manager on behalf of the City. The notice shall set forth the specific violation for which the immediate suspension is imposed. Permittee agrees that, upon receipt of written notice of suspension from the City, it will immediately cease and suspend all their activities on the Airport.

City agrees to cooperate with Permittee in their efforts to remedy or to address the violation cited in the notice of suspension. If and when such violation has been addressed to the satisfaction of the City, a written notice of Permit reinstatement shall be given to Permittee.

This Permit may be terminated by action of the City Manager.

If cancellation for convenience of the event is initiated by Permittee, Permittee shall pay to the City an equitable charge for services or other work performed. The equitable charge for termination for Permittee’s convenience shall provide for payment to the City for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by the City relating to written commitments that were executed prior to termination.

In the event it should become necessary for either party to enforce or interpret any of the terms and conditions of this Permit by means of court action or administrative enforcement, the laws of the State of California shall govern the interpretation of the terms and conditions of this Permit and such action shall be brought in a court of proper jurisdiction in Madera County, the prevailing

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party, in addition to other remedy at law or in equity available to such party, shall be awarded all reasonable costs and reasonable attorney’s fees in connection therewith, including the fees and costs of experts reasonably consulted by the attorney for the prevailing party.

IV. NON-TRANSFERABILITY, NO EXCLUSIVE RIGHT, NO RIGHT TO LEASE, NO LONG-TERM USE

CONTEMPLATED BY THE PARTIES
This Permit is non-transferable.

This Permit shall not be construed or interpreted as an “exclusive right” within the provisions of section 308a of the FAA Act of 1958, as amended.

This Permit shall not be construed as a lease of any City property, nor does it convey any right to such a lease.

In the event of a request or action by the FAA to terminate the activities as set forth in this Special Activity Permit, such permit shall become immediately null and void without requirement of any further action by the City Council.

V. NOTICE
All notices and other communications required to be given under this Permit shall be in writing and shall be delivered at the addresses set forth herein, or to such other address as either party may from time to time specify as its address for the receipt of notices. Notices given by an attorney shall be deemed to constitute notice from that party. Notice may be given by personal delivery, recognized overnight courier, by United States mail or by email transmission in the manner set forth below. Notice shall be deemed to have been duly given: (a) if by personal delivery, on the first to occur of the date of actual receipt or refusal of delivery by any person at the intended address, (b) if by overnight courier, on the first business day after being delivered to a recognized overnight courier, (c) if by mail, on the third business day after being deposited in the United States mail, certified or registered mail, return receipt requested, postage prepaid, or (d) if by email, on the next business day after being sent, addressed as follows:

If to the City:

City of Madera
Attn: Public Works Operations Director
1030 South Gateway Drive
Madera, CA 93637
[email protected]
If to Permittee:

Porsche Club of America
Attn: Russell K. Weber, AutoX Coordinator, Sequoia Region PCA PO Box 26293
Fresno, CA 93720
E-mail: [email protected]

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VI. AUTHORITY
The individuals executing this Special Activity Permit on behalf of the City of Madera and Porsche Club of America represent and warrant that he or she is duly authorized to execute and deliver this permit on behalf of said entity and that this Permit is binding upon said entity in accordance with its terms.

This is to notify requester, Porsche Club of America, that the above-described Special Activity Permit was approved by the City subject to execution below by Porsche Club of America.

Dated: September 2, 2026
Madera, California

CITY OF MADERA
BY: ________________________________
Cecelia K. Gallegos, Mayor

PORSCHE CLUB OF AMERICA
BY: ________________________________
Russell K. Weber, Sequoia Region PCA AutoX Coordinator
ATTEST:

BY: ________________________________
Alicia Gonzales, City Clerk

EXHIBIT C

FEDERAL AVIATION ADMINISTRATION ASSURANCES
A. COMPLIANCE WITH SPONSOR'S FEDERAL GRANT ASSURANCES: To the extent applicable, Permittee shall comply with all Federal Aviation Administration (FAA) assurances below:

1. The Permittee for itself, its heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenants and agree that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this Agreement for a purpose for which a DOT program or activity is extended or for another purpose involving the provision of similar services or benefits, the Permittee shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, DOT, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation- Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.

2. The Permittee for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that (in the case of leases add "as a covenant running with the land") that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination, (3) that the Permittee shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of TransportationEffectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.

3. That in the event of breach of any of the above nondiscrimination covenants, the City of Madera shall have the right to terminate the permit and to reenter and repossess said land and the facilities thereon, and hold the same as if said permit had never been made or issued. This provision does not become effective until the procedures of 49 CFR Part 21 are followed and completed including expiration of appeal rights.

4. Permittee shall furnish its accommodations and/or services on a fair, equal and not unjustly discriminatory basis to all users thereof and it shall charge fair, reasonable and not unjustly discriminatory prices for each unit or service; provided that the Permittee may be allowed to make reasonable and nondiscriminatory discounts, rebates or other similar type of price reductions to volume purchasers.

5. Non-compliance with Provision 4 above shall constitute a material breach thereof and in the event of such non-compliance the City of Madera shall have the right to terminate this permit and the estate hereby created without liability therefore or at the election of the City of Madera or the United States either or both said Governments shall have the right to judicially enforce Provisions.

6. Permittee agrees that it shall insert the above five provisions in any permit by which said Permittee grants a right or privilege to any person, firm or corporation to render accommodations and/or services to the public on the premises herein permitted.

7. The Permittee assures that it will undertake an affirmative action program as required by 14 CFR Par 152, Subpart E, to insure that no person shall on the grounds of race, creed, color, national origin, or sex be excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E. The Permittee assures that no person shall be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by this subpart. The Permittee assures that it will require that its covered suborganizations provide assurances to the Permittee that they will similarly undertake affirmative action programs and that they will require assurances from their suborganizations, as required by 14 CFR 152, Subpart E, to the same effort.

8. The City of Madera reserves the right to further develop or improve the landing area of the airport as it sees fit, regardless of the desires or view of the Permittee and without interference or hindrance.

9. The City of Madera reserves the right, but shall not be obligated to the Permittee to maintain and keep in repair the landing area of the airport and all publicly-owned facilities of the airport together with the right to direct and control all activities of the Permittee in this regard.

10. This permit shall be subordinate to the provisions and requirements of any existing or future agreement between the City of Madera and the United States, relative to the development, operation or maintenance of the airport.

11. There is hereby reserved to the City of Madera, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the premises herein permitted. This public right of flight shall include the right to cause in said airspace any noise inherent in the operation of any aircraft used for navigation or flight through the said airspace or landing at, taking off from or operation on the Madera Municipal Airport.

12. Permittee agrees to comply with the notification and review requirements covered in Part 77 of the Federal Aviation Regulations in the event future construction of a building is planned for the permitted premises, or in the event of any planned modification or alteration of any present of future building or structure situated on the permitted premises.

13. The Permittee by accepting this expressly agrees for itself, its successors and assigns that it will not erect nor permit the erection of any structure or object above the mean sea level elevation of 210 feet. In the event the aforesaid covenants are breached, the City reserves the right to enter upon the land permitted hereunder and to remove the offending structure or object, all of which shall be at the expense of the Permittee.

14. The Permittee by accepting this permit agrees for itself, its successors and assigns that it will not make use of the permitted premises in any manner which might interfere with the landing and taking off of aircraft from the Madera Municipal Airport or otherwise constitute a hazard. In the event the aforesaid covenant is breached, the City reserves the right to enter upon the premises hereby permitted and cause the abatement of such interference at the expense of the Permittee.

15. It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308a of the Federal Aviation Act of 1958 (49 U.S.C. 1349a).

16. This permit and all the provisions hereof shall be subject to whatever right the United States Government now has or in the future may have or acquire, affecting the control, operation, regulation and taking over of said airport or the exclusive or non-exclusive use of the airport by the United States during the time of war or national emergency.

17. The Permittee by accepting this expressly agrees for itself, its successors and assigns that it will not erect nor permit the erection of any structure or object above the mean sea level elevation of 210 feet. In the event the aforesaid covenants are breached, the City reserves the right to enter upon the land permitted hereunder and to remove the offending structure or object, all of which shall be at the expense of the Permittee.

18. The Permittee by accepting this permit agrees for itself, its successors and assigns that it will not make use of the permitted premises in any manner which might interfere with the landing and taking off of aircraft from the Madera Municipal Airport or otherwise constitute a hazard. In the event the aforesaid covenant is breached, the City reserves the right to enter upon the premises hereby permitted and cause the abatement of such interference at the expense of the Permittee.

19. It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308a of the Federal Aviation Act of 1958 (49 U.S.C. 1349a).

20. This permit and all the provisions hereof shall be subject to whatever right the United States Government now has or in the future may have or acquire, affecting the control, operation, regulation and taking over of said airport or the exclusive or non-exclusive use of the airport by the United States during the time of war or national emergency.

EXHIBIT D

CITY OF MADERA RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND

INDEMNITY AGREEMENT
Date of Event:

Name of Event:

Event Contact Information
Event Coordinator’s Name:

Event Coordinator’s Address:

Event Coordinator’s Phone Number:

The undersigned acknowledge voluntary participation in a Porsche Club of America sponsored event to be held on property owned by City of Madera. Such participation may include but not be limited to competing, driving a motor vehicle, spectating, officiating, observing, working, or participating in any way in the above event(s) or entering for any purpose any Restricted Area while attending said event (defined as any location or area within the Madera Municipal Airport used by or to access the Event), each of the undersigned, for himself or herself, his or her personal representatives, heirs, next-of-kin, or assigns:

1. Acknowledges, agrees, and represents that he or she has or will immediately upon entering any such Restricted Area, and will continuously thereafter, inspect the Restricted Area which he or she enters, and he or she further agrees and warrants that, if at any time, he or she is in or about the Restricted Area and he or she feels anything to be unsafe, he or she will immediately advise officials of such and if necessary will leave the Restricted Area and refuse to participate further in the event(s).

2. Hereby releases, to the fullest extent permitted by law, waives, discharges and covenants not to sue, the City of Madera, the Porsche Club of America, the promoters; participant racing associations; sanctioning organizations, or any subdivision thereof; track operators; track owners; officials; competition vehicle owners; drivers; pit crews; rescue personnel; any persons in any Restricted Area; sponsors; advertisers; owners and lessees of premises used to conduct the Event(s); premises and event inspectors, surveyors, underwriters, consultants and others who give recommendations, directions or instructions or engage in risk evaluation or loss control activities regarding the premises or Event(s) and each of them, their councils, directors, officers, agents, employees, and volunteers all for the purposes herein referred to as “Releasees,” from all liability to the undersigned, his or her personal representatives, assigns, heirs, and next-of-kin for all loss or damage, and any claim or demands therefor on account of injury to the person or property or resulting in death of the undersigned arising out of or related to the event(s) whether caused by the negligence of the Releasees or otherwise.

3. Hereby agrees to indemnify and save and hold harmless the Releasees and each of them from any loss, liability, damage, or cost they may incur arising out of or related to the undersigned’s injury or death whether caused by the negligence of the releasees or otherwise, hereby assumes full responsibility for any risk, known and unknown, of bodily injury, permanent disability, arising out of or related to the event(s), including medical or hospital bills, death, or property damage arising out of or related to the event(s) whether caused by the negligence of Releasees or otherwise.

4. Hereby acknowledges that the activities of the event(s) involve risk, including potential serious injury and/or death and/or property damage. Such injury, death, or property damage may result from vehicle accidents caused by human error or machine error, or other causes unknown at this time, and may include broken bones, bruising, strains, sprains, disfigurement, loss of limb(s) or vital tissue or organs, burns, and abrasions. Each of the undersigned also expressly acknowledges that injuries received may be compounded or increased by negligent rescue operations or procedures of the Releasees.

5. Hereby agrees that this release and waiver of liability, assumption of risk, and indemnity agreement extends to all acts of negligence by the Releasees, including negligent rescue operations, and is intended to be as broad and inclusive as is permitted by the laws of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, not withstanding, continue in full legal force and effect.

6. Hereby acknowledges and confirms that if this release is being executed on behalf of a minor child, the individual signing on behalf of the minor child is the legal parent or guardian for the minor child and has all authority and legal standing to execute legal documents on minor child’s behalf. The undersigned further acknowledges and confirms that minor children will at all times be directly supervised and monitored by the legal parent or guardian while participating, observing, spectating, driving, working or any other purpose while at the Event. Any additional releases, waivers, indemnity agreements or the like executed on behalf of the minor child that may be required by Porsche Club of America for Event will also provide the same coverage to City of Madera as Porsche Club of America.

I have read this Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement, understand its terms, understand that I have given up substantial rights by signing it, and have signed it freely and voluntarily without any inducement, assurance or guarantee being made to me and intend my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.

Signature and Title of Witness Address of Witness Date Signature(s) witnessed

CAUTION
THIS IS A RELEASE OF LEGAL RIGHTS – READ & UNDERSTAND BEFORE SIGNING

ALL SECTIONS MUST BE COMPLETED

PRINT NAME HERE

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3. 4.

5. 6.

7. 8.

9. 10.

11. 12.

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19. 20.

SIGN NAME HERE

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13. 14.

15. 16.

17. 18.

19. 20.

CAPACITY
[driver, pit crew, spectator, etc.]

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.

13. 14.

15. 16.

17. 18.

19. 20.

Signing for
Minor?
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Print Name and DOB of Minor, if applicable

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3. 4.

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19. 20.

EXHIBIT E
Insurance Requirements for Porsche Club of America Special Event at the Madera Municipal Airport
Without limiting Permittee's indemnification of City, and prior to commencement of occupation of the site for special event purposes, Permittee shall obtain, provide, and continuously maintain at its own expense during the term of the Agreement, and shall require any and all Sub Permittees 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
Permittee shall maintain limits no less than:
$2,000,000 General Liability (including operations, products and completed operations) per occurrence, $5,000,000 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.

All General Liability policies shall be endorsed to provide that the City and its officers, officials, employees and agents shall be named as additional insureds under such policies and shall be at least as broad as CG 20 10. All General Liability policies shall also be endorsed to be primary and non-contributory and will not seek contribution from the City's insurance or self-insurance and shall be at least as broad as CG 20 01 04 13.

Maintenance of Coverage
Permittee 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 activities hereunder by Permittee, his agents, representatives, employees, sub-Permittees or subconsultants as specified in this Agreement.

Proof of Insurance
Permittee 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 activities. 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 Permittee, or others providing insurance evidence in compliance with these specifications, to waive their right of recovery prior to a loss. Permittee 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 sub-Permittees.

Enforcement of Contract Provisions (non estoppel)
Permittee acknowledges and agrees that any actual or alleged failure on the part of the City to inform Permittee 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 these requirements 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 Permittee maintains higher limits than the minimums required above, the entity shall be entitled to coverage at the higher limits maintained by Permittee.

Notice of Cancellation
Permittee 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-insurance will not be considered to comply with these specifications unless approved by the City's Risk Manager.

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

Additional Insurance
Permittee 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 Activities.

EXHIBIT F
Incident Report
REPORTED BY:_____________________ DATE OF REPORT:__________________________ TITLE / ROLE: _______________________________________________________________

INCIDENT INFORMATION
INCIDENT TYPE:________________________ DATE OF INCIDENT:_____________________ LOCATION: _________________________________________________________________ CITY:______________________ STATE:____________ ZIP CODE:_____________________ SPECIFIC AREA OF LOCATION (if applicable):
___________________________________________________________________________

INCIDENT DESCRIPTION
___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________

NAME / ROLE / CONTACT OF PARTIES INVOLVED

1._____________________________________________

2._____________________________________________

3._____________________________________________

NAME / ROLE / CONTACT OF WITNESSES

1._____________________________________________

2._____________________________________________

3._____________________________________________
POLICE REPORT FILED?_____________________ PRECINCT:_______________________ REPORTING OFFICER:______________________ PHONE:_________________________

FOLLOW-UP ACTION
__________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ NAME OF PERSON WRITING REPORT:____________________
SIGNATURE:________________________________________
DATE:_____________________________________________

REPORT TO CITY COUNCIL
Approved by: Council Meeting: September 2, 2026
_________________________________ Agenda Number: __________ Harpiar Gandhi, Public Works Ops Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Budget Amendment for the Airport Apron A2 and Hangar Taxilane Rehabilitation Project RECOMMENDATION:

Adopt a Resolution approving a Budget Amendment for the Apron A2 and Hangar Taxilane Rehabilitation Project, appropriating $2,478,005. This amount is comprised of $2,275,567 in confirmed Federal Aviation Administration (FAA) and Caltrans Aeronautics grant funding and a $202,438 local Airport Fund contribution
SUMMARY:

The City has received the following Federal Aviation Administration (FAA) grant offers for the rehabilitation of Apron A2 and the Hangar Taxilane at the Airport:
▪ Airport Infrastructure Grant (AIG) Project No. 3-06-0144-038-2025 (Taxilane C1 Rehabilitation): FAA share of $851,508, at a 95 percent Federal participation rate. The grant was originally executed with a Maximum Obligation of $587,500; following the City's reapplication for the balance of eligible AIG entitlement funding, the FAA increased the Maximum Obligation to $851,508.
▪ Airport Infrastructure Grant (AIG) Project No. 3-06-0144-035-2025 (Apron A2 Rehabilitation): FAA share of $323,492, at a 95 percent Federal participation rate. ▪ Airport Improvement Program (AIP) Project No. 3-06-0144-037-2025 (Apron A2 and Taxilane Rehabilitation, Alternates 1 and 2): FAA share of $1,048,159, at a 95 percent Federal participation rate, matched with a $52,408 Caltrans Aeronautics grant.

Together, these grants provide $2,223,159 in FAA funding toward the Apron A2 and Hangar Taxilane Rehabilitation Project. On July 16, 2025, the City Council adopted Resolution No. 25-136, B-10

RETURN TO AGENDA
ratifying the FAA grant applications. Later, on September 17, 2025, the City Council awarded the construction contract for the project to Terra West Construction, Inc. in the amount of $2,199,805, contingent upon receipt of all FAA grant funding required to finance the project.

The project's required funding, including the FAA and Caltrans grant revenue described above, and the associated construction and contracted services, was not carried forward into the Fiscal Year (FY) 2026/27 Adopted Budget. Staff is therefore requesting a budget amendment, as detailed in Table 2, to appropriate this funding within the current fiscal year’s budget so it is available and ready for use on the project.

DISCUSSION:

The Apron A2 and Hangar Taxilane Rehabilitation Project consists of removing the existing asphalt surface course and aggregate base course, recompacting the existing aggregate base course, placing new asphalt surface course, and installing new airfield markings on Apron A2 and the Taxilane serving the corporate hangars. The project is funded through a combination of three FAA grants, a Caltrans Aeronautics matching grant, and local Airport Fund contribution, as shown in Table 1 below.

Table 1 reflects grant funding amounts confirmed for each FAA grant. The AIG Taxilane grant (Project No. 3-06-0144-038-2025) was originally executed with a Maximum Obligation of $587,500, which funded the Base Bid construction only, as the City's initial 2025 AIG entitlement funding was not sufficient to cover the full $1,175,000 requested in the original application.

Consistent with the funding strategy described at the time of the original application, the City reapplied to the FAA for the remaining eligible AIG entitlement funding for this project. The FAA subsequently increased the grant's Maximum Obligation to $851,508. The table below reflects this increased, current grant amount, with the corresponding local funding share adjusted accordingly.

Table 1: Project Budget (in US $)
Grant Approved FAA
Grant
Caltrans
Match) City Funding Total Project Cost
AIG Taxilane Grant
(#3-06-0144-038-2025) 851,508 - 44,816 896,324
AIG Apron Grant
(#3-06-0144-035-2025) 323,492 - 154,864 478,356
AIP Apron/Taxilane Grant
(#3-06-0144-037-2025) 1,048,159 52,408 2,758 1,103,325
Total Project 2,223,159 52,408 202,438 2,478,005
FINANCIAL IMPACT:

The Apron A2 and Hangar Taxilane Rehabilitation Project's total estimated cost is $2,478,005, funded through the three FAA grants described above ($2,223,159), a Caltrans Aeronautics matching grant ($52,408), and the required local Airport Fund contribution ($202,438). Because this funding was not carried forward into the FY 2026/27 Adopted Budget, a budget amendment is required to appropriate the revenues and expenditures shown in Table 2.

Table 2: Budget Amendment Calculations (in US $)
Funding Source Required Funding Change to Budget
Grant/Capital Grant (Object 4450) 2,223,159 2,223,159
Caltrans Aeronautic Grant (Object 4419) 52,408 52,408
Airport Fund (Object 4900) 202,438 202,438
Total Revenues 2,478,005 2,478,005
Construction/Infrastructure (Object 7050) 2,478,005 2,478,005 Total Appropriations 2,478,005 2,478,005
ALTERNATIVES:
▪ Approve the budget amendment as recommended, appropriating the confirmed grant revenue and associated project appropriations shown in Table 2. ▪ Defer action on the budget amendment. This option is not recommended, as it would delay availability of funding needed to finance the Apron A2 and Hangar Taxilane Rehabilitation Project, which is already under contract with Terra West Construction, Inc. ▪ At Council's discretion, request additional information or clarification on the grant funding sources or appropriations before acting on the budget amendment.

ATTACHMENT:

1. Resolution
RESOLUTION NO. 26-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA AMENDING THE CITY'S FY 2026/27 ADOPTED BUDGET,

APPROPRIATING FEDERAL AVIATION ADMINISTRATION (FAA) AIRPORT

INFRASTRUCTURE GRANT AND AIRPORT IMPROVEMENT PROGRAM

FUNDS, AND ASSOCIATED CALTRANS AERONAUTICS GRANT FUNDS, FOR THE APRON A2 AND HANGAR TAXILANE REHABILITATION PROJECT WHEREAS, the City Council previously adopted the City’s Budget for the 2026/27 Fiscal Year; and
WHEREAS, on July 16, 2025, the City Council adopted Resolution No. 25-136, ratifying the Federal Aviation Administration (FAA) Airport Infrastructure Grant (AIG) and Airport Improvement Program (AIP) grant applications for the Apron A2 and Hangar Taxilane Rehabilitation Project at the Madera Municipal Airport, and authorizing the City Manager to execute all documentation necessary to accept the grant agreements and any amendments thereto on behalf of the City; and
WHEREAS, the FAA has confirmed three grant awards for the project: AIG Project No. 3- 06-0144-038-2025 (Taxilane C1 Rehabilitation) in the amount of $851,508.00; AIG Project No. 3- 06-0144-035-2025 (Apron A2 Rehabilitation) in the amount of $323,492.00; and AIP Project No. 3-06-0144-037-2025 (Apron A2 and Taxilane Rehabilitation, Alternates 1 and 2) in the amount of $1,048,159.00, matched with a $52,408.00 Caltrans Aeronautics grant, together providing $2,275,567.00 in confirmed FAA and Caltrans Aeronautics grant revenue toward the project; and WHEREAS, on September 17, 2025, the City Council awarded the construction contract for the Apron A2 and Hangar Taxilane Rehabilitation Project to Terra West Construction, Inc. in the amount of $2,199,805.00, contingent upon receipt of all FAA grant funding required to finance the project; and
WHEREAS, completion of the project also requires a local Airport Fund contribution of $202,438.00, for total project funding of $2,478,005.00; and WHEREAS, the grant revenue and local Airport Fund contribution described above, together with the associated construction appropriationstotaling $2,478,005.00, was not carried forward into the Fiscal Year 2026/27 Adopted Budget; and WHEREAS, an amendment to the City's Adopted Budget for the 2026/27 Fiscal Year, listed in Exhibit A, attached hereto, is necessary to appropriate this funding so that it is available and ready for use on the project.

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

1. The above recitals are true and correct.

2. The appropriations for the items listed in Exhibit A, attached hereto, are approved.

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

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

EXHIBIT A

CITY OF MADERA
Budget Appropriations: Res. 26-____
Budget Amendment for Fiscal Year 2026/27

FUND ORG
CODE
OBJECT
CODE DESCRIPTION (+) (-)
Revenues
Airport
Fund 20503510 4450 Grant/Capital Grant Revenue 2,223,159 Airport
Fund 20503510 4419 Caltrans Aeronautic Grant Revenue 52,408 Airport
Fund 20503510 4900 Budgetary Carryover 202,438
Total Revenues 2,478,005
Appropriations
Airport
Fund 20503510 7050 Construction/Infrastructure 2,478,005 Total Appropriations 2,478,005

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: September 2, 2026
_________________________________ Agenda Number: ___________ Keith Helmuth, City Engineer
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Project Status Update and Reimbursement Agreement with Union Pacific Railroad Company for the Rail Corridor Improvement Study
RECOMMENDATION:

Adopt a Resolution approving a Reimbursement Agreement with the Union Pacific Railroad Company
SUMMARY:

The City received a Railroad Crossing Elimination grant to study potential improvements at seven railroad grade crossings along the Union Pacific Railroad (UPRR) corridor. UPRR requires an executed reimbursement agreement before it participates in that work.

DISCUSSION:

On June 17, 2026, the City Council approved a contract with HNTB Corporation (Consultant) for the City of Madera Rail Corridor Improvement Study Project, which will examine seven grade crossings along the UPRR rail corridor (Study). The crossings and types of improvements to be studied are listed below in Table 1.

Table 1: Rail Crossings and Study to be Performed
Crossing Improvement to be Studied
Cleveland Avenue Grade Separation
Central Avenue Safety Enhancements
3 rd Street Safety Enhancements
4 th Street Safety Enhancements
Yosemite Avenue Grade Separation
6 th Street Safety Enhancements
9 th Street Safety Enhancements
D-1

RETURN TO AGENDA
Project Status and Upcoming Public Engagement
Staff have met several times to discuss possible conceptual designs and to refine a list of future components that are critical for eventual inclusion, as well as to determine items that are considered a “no go”. Once complete, this feedback will be passed on to the project consultant, HNTB Corporation, for inclusion into future design concepts.

It is important to keep in mind that this project is a feasibility study, its sole purpose is to develop potential designs for future construction. While these conceptual designs will be produced now, the actual construction will not occur until sometime well into the future, the date of which would be dependent upon obtaining the required funding.

Any of the resulting conceptual designs will be presented to Council. This will allow Council to provide feedback or suggestions, if desired, for possible inclusion in the conceptual plans. In the near term, the Consultant hopes to conduct public outreach at both the Old Timer’s Parade and the Pomegranate Festival, pending availability of booth space. Future public outreach opportunities for this phase of the project will be evaluated based on timing and availability at the event. At these events, residents would be given the opportunity to see the overall project area being studied, as well as the opportunity to detail any specific concerns they have with the UPRR corridor.

UPRR Reimbursement Agreement
As a primary stakeholder, UPRR will collaborate with City on the conceptual plans and development of the Project. UPRR, along with California Public Utilities Commission (CPUC) holds final approval authority for any future improvements, regardless of that construction being built over, or under, their right-of-way. A required step in this process is execution of a reimbursement agreement which allows UPRR to recover their costs for preliminary engineering services associated with the Study. These services may include, but are not limited to:
 Field diagnostic(s) and inspections
 Review of construction documents (Plans, specifications, etc.)  Project design
 Preparation of project estimate(s) for force accounts or other work performed by the Railroad
 Grade crossing inventory updates
 Meetings and travel
 Construction observation
The Agreement currently has an estimated cost of $50,000; actual reimbursement may be lower, or higher, depending on UPRR's level of effort.

FINANCIAL IMPACT:

There will be no impact on the City's General Fund. Costs associated with the reimbursement agreement will be paid for with Local Transportation Funds (LTF). LTF funds are included in this project as a 20% match, totaling $400,000, to the Federal Railroad Administration’s (FRA) grant of $1,600,000. The FRA grant is a Federal grant that is intended to provide funding for highwayrail or pathway-rail grade crossing improvement projects that focus on improving the safety and mobility of people and goods.

ALTERNATIVES:

Council may reject the Agreement or direct changes. Without it, UPRR will not participate in the study, increasing the risk that the resulting concepts are not acceptable to the railroad.

ATTACHMENTS:

1. Project Area of Study Map

2. Council Resolution
a. Exhibit A – Reimbursement Agreement
ATTACHMENT 1
Project Area of Study Map
ATTACHMENT 2
Council Resolution
RESOLUTION NO. 26-_____

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

APPROVING A REIMBURSEMENT AGREEMENT BETWEEN UNION PACIFIC

RAILROAD COMPANY AND THE CITY OF MADERA FOR THE CITY OF

MADERA RAIL CORRIDOR IMPROVEMENT STUDY PROJECT
WHEREAS, the City received a Railroad Crossing Elimination grant on January 26, 2026; and
WHEREAS, on June 17, 2026, the City Council of the City of Madera approved an agreement with HNTB to provide engineering services for the Rail Corridor Improvement Study Project (the Project); and
WHEREAS, a Reimbursement Agreement has been prepared by the Union Pacific Railroad Company that specifies the terms of their participation in the Study; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA hereby resolves, finds, determines and orders as follows:

1. The above recitals are true and correct.

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

3. The City Engineer is authorized to sign the Agreement on behalf of the City.

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

Exhibit A
Reimbursement Agreement
1 UPRR REMS
Project 811752

REIMBURSEMENT AGREEMENT

PRELIMINARY ENGINEERING SERVICES
Effective Date:

Estimate: $50,000.00
THIS REIMBURSEMENT AGREEMENT (Agreement) is made and entered into as of the Effective Date, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (Railroad), and the CITY OF MADERA, CALIFORNIA (Agency).

RECITALS
A. Agency desires to initiate the project more particularly described on Exhibit A attached hereto (Project).

B. The Project will affect Railroad's track, right of way, or operations at or near the Project area more particularly described on Exhibit A.

C. Railroad agrees to collaborate with Agency on the conceptualization and development of the Project in accordance with the terms and conditions of this Agreement and any federal regulations.

AGREEMENT
NOW THEREFORE, the parties hereto agree as follows:

1. Railroad, and/or its representatives, at Agency's sole cost and expense, agrees to perform (or shall cause a third-party consultant to perform on Railroad's behalf) the preliminary engineering services work described on Exhibit B attached hereto (PE Work). Agency acknowledges and agrees that: (a) Railroad's review of any Project designs, plans and/or specifications, as part of the PE Work, is limited exclusively to potential impacts on existing and future Railroad facilities and operations; (b) Railroad makes no representations or warranties as to the validity, accuracy, legal compliance, or completeness of the PE Work; and (c) Agency's reliance on the PE Work is at Agency's own risk.

2. Notwithstanding the Estimate (Estimate), Agency agrees to reimburse Railroad and/or Railroad's third-party consultant, as applicable, for one hundred percent (100%) of all actual costs and expenses incurred for the PE Work. During the performance of the PE Work, Railroad will provide (and/or will cause its third-party consultant to provide) progressive billing to Agency based on actual costs in connection with the PE Work. After completion of the PE Work, Railroad will submit (and/or will cause its third-party consultant to submit) a final billing to Agency for any balance owed for the PE Work. Agency shall pay Railroad (and/or its third-party consultant, as applicable) within thirty (30) days after Agency's receipt of any progressive and final bills submitted for the PE Work. Bills will be submitted to the Agency using the contact information provided on Exhibit C. Agency's obligation hereunder to reimburse Railroad (and/or its third-party consultant, as applicable) for the PE Work shall apply regardless of whether Agency declines to proceed with the Project or Railroad elects not to approve the Project.

3. Agency acknowledges and agrees that Railroad may withhold its approval for the Project for any reason in its sole discretion, including without limitation, impacts to Railroad's safety, facilities, or operations. If Railroad approves the Project, Railroad will continue to work with Agency to develop final plans and specifications and prepare material and force cost estimates for any Project related work performed by Railroad. Approval of any design submittal shall not be construed as consent to the acquisition (or conveyance) of any property interest, nor shall it be interpreted as a representation that any such acquisition (or conveyance) would be compatible with or non-interfering with Union Pacific’s current and future railroad operations.

4. If the Project is approved by Railroad, Railroad shall prepare and forward to Agency a Construction and Maintenance Agreement (C&M Agreement) which shall provide the terms and conditions for the construction and ongoing maintenance of the Project. Unless otherwise expressly set forth in the C&M Agreement, the construction and maintenance of the Project shall be at no cost to Railroad. No construction work on the Project affecting Railroad's property or operations shall commence until the C&M Agreement is finalized and executed by Agency and Railroad.

5. Neither party shall assign this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned, or delayed.

6. No amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties.

7. This Agreement sets forth the entire agreement between the parties regarding the Project and PE Work. To the extent that any terms or provisions of this Agreement regarding the PE Work are inconsistent with the terms or provisions set forth in any existing agreement related to the Project, such terms and provisions shall be deemed superseded by this Agreement to the extent of such inconsistency.

IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the Effective Date.

CITY OF MADERA, CALIFORNIA UNION PACIFIC RAILROAD COMPANY, a Delaware Corporation
Signature Signature
Amber Stoffels
Printed Name Printed Name
Manager I, Industry & Public Projects
Title Title
Exhibit A
Project Description and Location
Project Description
The City of Madera, California, proposes to review potential grade separation solutions and improvements near the locations referenced below.

Location
Fresno Subdivision
DOT
Crossing
Type Milepost Street Name
760982W Public 182.631 CLEVELAND AVENUE
760981P Public 183.32 CENTRAL AVENUE
760980H Public 183.576 3RD STREET
760979N Public 183.653 4TH STREET
760978G Public 183.82 YOSEMITE AVENUE
760977A Public 183.9 6TH STREET
760975L Public 184.16 E 9TH STREET
Exhibit B
Scope of Project Services
Scope of work may include, but is not limited to the following:
• Field diagnostic(s) and inspections
• Review of construction documents (plans, specifications, etc.) • Project design
• Preparation of Project estimate for force account or other work performed by the Railroad
• Grade crossing inventory updates
• Meetings and travel
• Construction observation
Exhibit C
Billing Contact Information
Name Nicole Say
Title Administrative Analyst
Address 205 West 4th Street, Madera, CA 93637
Work Phone +1 559-661-3688
Cell Phone
Email [email protected]
Agency
Project No.

Central Valley Salinity Coalition (CVSC) Agreement for Participation in the Prioritization and Optimization Study for the Alternative Salinity Permitting Approach RECOMMENDATION:

Adopt a Resolution approving entering the Agreement for Permittees Selecting Participation in the Prioritization and Optimization Study for Alternative Salinity Permitting Approach with the Central Valley Salinity Coalition
SUMMARY:

In 2018, the Central Valley Regional Water Quality Control Board (Central Valley Water Board) adopted amendments to the Water Quality Control Plans that established a Central Valley-wide Salt Control Program applicable to discharges of salt to surface and ground waters within the Sacramento-San Joaquin River Basins and the Tulare Lake Basin. The Salt Control Program, as applicable to groundwater, became effective on or about January 15, 2020, with the surface water components becoming effective on or about November 12, 2020, following approval by the United States Environmental Protection Agency.

The City received a Notice to Comply for the Salt Control Program on January 5, 2021 (CV-SALTS ID: 2672). On August 8, 2022, the Central Valley Water Board received a Notice of Intent for the City’s Wastewater Treatment Plan (WWTP), by which the City elected to participate in the Prioritization and Optimization Study (P&O Study), the Phase I component of the Salt Control Program's Alternative Salinity Permitting Approach, rather than defaulting to the Conservative Salinity Permitting Approach. Waste Discharge Requirements Order R5-2022-0074 reflects this election and, in the interim, requires the City to continue efforts to control salinity in its discharge to the extent feasible and sets a Salinity Action Level of 500 mg/L for TDS for the discharge of wastewater to the evaporation/percolation ponds.

D-2

RETURN TO AGENDA
To formally implement the City's participation in the Alternative Salinity Permitting Approach, the City must enter into an agreement with the Central Valley Salinity Coalition (CVSC), the nonprofit entity that has agreed to serve as the lead entity administering the P&O Study Work Plan. Unlike the City's prior agreement with the Valley Water Collaborative, the CVSC does not allocate costs based on a fixed basin budget or industry sector; instead, CVSC calculates each participant's annual fee through an online payment portal keyed to the participant's CV-SALTS ID, facility category, and number of ponds.

In an effort to avoid delays in the City's continued participation in the Alternative Salinity Permitting Approach, staff executed the Agreement with the CVSC on May 15, 2025, ahead of formal Council authorization. Unlike the City's agreement with the Valley Water Collaborative, the CVSC Agreement is a standard-form document accepted by checking a box and signing on behalf of the Participant; it does not require a separate counter-signature by the CVSC.

The terms of the Agreement are consistent with the City's prior election to participate in the P&O Study and align with the City's obligations under Waste Discharge Requirements Order R5-2022- 0074. The specific annual fee amount is addressed further under Financial Structure and Financial Impact, below.

Staff respectfully request that the City Council ratify the Agreement as executed, affirming the City's commitments set forth in the Agreement and formalizing the Council's authorization in accordance with standard City procedures.

DISCUSSION:

On May 31, 2018, the Central Valley Water Board adopted amendments incorporating a Central Valley-wide Salt and Nitrate Control Program. The salt-related amendments were approved by the State Water Resources Control Board on October 16, 2019, and by the Office of Administrative Law on January 15, 2020, with the groundwater components becoming effective on or about that date. The surface water components became effective on or about November 12, 2020, following approval by the United States Environmental Protection Agency. The Salt Control Program applies to all surface and ground water discharges containing salt within the Sacramento-San Joaquin River Basins and the Tulare Lake Basin.

Salt concentrations in Central Valley surface and ground waters have generally continued to increase over time despite existing water quality management programs and strategies. Because existing salt management options are unlikely to change the overall volume and mass of salt in areas with significant salt concerns, the Central Valley Water Board found that a comprehensive, long-term solution will require both local and sub-regional actions as well as broad, region-wide projects to export salt out of the Central Valley. Additional studies are needed to define the range of solutions that may be deployed within each Central Valley hydrologic region. Accordingly, the Central Valley Water Board is implementing a phased Salt Control Program, of which Phase I consists of the P&O Study to facilitate development of a long-term Salt Control Program.

Compliance Pathways
Under the Basin Plan Amendments, permitted dischargers of salt must comply with the Salt Control Program upon receiving a Notice to Comply. For Phase I, the Central Valley Water Board adopted two compliance pathways: (1) the Conservative Salinity Permitting Approach, which applies by default to all permitted dischargers, and (2) the Alternative Salinity Permitting Approach, which a permittee may elect within six months of receiving a Notice to Comply.

Permittees electing the Alternative Salinity Permitting Approach must agree to participate collectively in the P&O Study with other permittees, the Central Valley Water Board, and other stakeholders, including providing the minimum required level of financial support. The CVSC has agreed to serve as the lead entity overseeing development and implementation of the approved P&O Study Work Plan, which is anticipated to take 10 to 15 years to complete.

The City received its Notice to Comply for the Salt Control Program on January 5, 2021, and elected to participate in the P&O Study, as reflected in the Notice of Intent the Central Valley Water Board received for the Facility on August 8, 2022, and as further documented in Waste Discharge Requirements Order R5-2022-0074. Central to formally implementing that election is entering into an agreement with the CVSC. The CVSC is a California nonprofit mutual benefit corporation that has voluntarily agreed to administer the P&O Study; it is not a regulatory entity, and compliance with the terms of the Salt Control Program is ultimately determined by the Central Valley Water Board, not the CVSC or other participants to the Agreement.

Participation in the P&O Study and execution of the Agreement do not constitute an admission of current or historic liability or fault with respect to salt pollution or contamination in surface or ground water that may exist within the Central Valley.

Financial Structure
Costs for the P&O Study are shared among all participants based on a cost allocation mechanism established by the CVSC, which is evaluated annually and may be revised no more frequently than annually as costs and the number of participants change. In establishing the cost allocation mechanism, the CVSC may consider factors including salinity levels in the discharge, volume of the discharge, total salinity load or impacts, local conditions, and administrative efficiencies in the collection of cost allocations by trade or industry-based organizations.

Unlike the Valley Water Collaborative, which allocates costs based on a basin-wide operating budget divided among industry sectors, the CVSC calculates each participant's annual invoice through an online fee portal tied to the participant's CV-SALTS ID, assigned facility category, and number of evaporation/percolation ponds. The portal generates separate line-item charges for the annual P&O Study fee, the Surveillance and Monitoring Program (SAMP) fee, and a base administrative fee. Payments made after August 31 of the program year are subject to a 15 percent late fee, with late payments accepted through October 31 before participation is considered lapsed and a reinstatement fee applies.

As of the date of this report, staff has not yet obtained the City's current invoiced amount from CVSC. Staff is working directly with CVSC, using the City's CV-SALTS ID (2672), to confirm the City's assigned category, applicable pond count, and current annual fee, and will provide that figure to Council prior to or at the time this item is considered. Contributions provided to the CVSC may be used only for preparing and implementing the P&O Study Work Plan and SAMP Work Plan/QAPP and reasonable administrative costs associated with the CVSC's administration of those programs.

The Agreement pertains only to Phase I of the Salt Control Program and the Phase I Alternative Salinity Permitting Approach. Funding approaches for implementing Phases II and III (project development and final implementation of large-scale capital improvement projects, respectively) may be addressed in the P&O Study; however, nothing in the Agreement commits the City to fund Phase II or Phase III actions.

FINANCIAL IMPACT:

Appropriations are included in the FY 2026/27 budget in the amount of $5,000 from the Sewer Fund. Last year’s fee totaled $11,778.99. Approval of this Agreement will have no impact on the General Fund.

ALTERNATIVES:

The City Council may reconsider the proposed Agreement and direct staff to instead comply with the Salt Control Program through the Conservative Salinity Permitting Approach. Staff notes that the Conservative Salinity Permitting Approach does not offer the additional compliance time and collective cost-sharing benefits available under the Alternative Salinity Permitting Approach, and that the City has already elected to participate in the P&O Study as reflected in its 2022 Notice of Intent and Order R5-2022-0074.

ATTACHMENTS:

1. Resolution
a. Exhibit 1: Agreement for Permittees Selecting Participation in the Prioritization and Optimization Study for Alternative Salinity Permitting Approach RESOLUTION NO. _______

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

CALIFORNIA, APPROVING ENTERING THE CENTRAL VALLEY SALINITY

COALITION AGREEMENT FOR PERMITTEES SELECTING PARTICIPATION IN

THE PRIORITIZATION AND OPTIMIZATION STUDY FOR ALTERNATIVE

SALINITY PERMITTING APPROACH
WHEREAS, in 2018 the Central Valley Regional Water Quality Control Board adopted amendments to the Water Quality Control Plans establishing a Central Valley-wide Salt and Nitrate Control Program applicable to, among other things, discharges of salt to surface and ground waters; and
WHEREAS, the Salt Control Program requires dischargers that receive a Notice to Comply to either comply through the Conservative Salinity Permitting Approach or elect, within six months, to comply through the Phase I Alternative Salinity Permitting Approach by participating collectively in the Prioritization and Optimization Study (P&O Study); and WHEREAS, the City received a Notice to Comply for the Salt Control Program on January 5, 2021 (CV-SALTS ID: 2672); and
WHEREAS, on August 8, 2022, the Central Valley Regional Water Quality Control Board received a Notice of Intent for the Facility reflecting the City's election to participate in the P&O Study, consistent with Waste Discharge Requirements Order R5-2022-0074; and WHEREAS, the Central Valley Salinity Coalition (CVSC), a California nonprofit mutual benefit corporation, has agreed to serve as the lead entity administering development and implementation of the P&O Study Work Plan; and
WHEREAS, entry into an Agreement with the CVSC is necessary to formally implement the City's participation in the Phase I Alternative Salinity Permitting Approach; and WHEREAS, staff has conducted due diligence including coordination with other participating agencies and discussions with the CVSC; and WHEREAS, staff executed the Agreement with the CVSC on May 15, 2025, in advance of formal Council authorization, and the City Council now wishes to ratify the Agreement as executed, consistent with the City's prior election to participate in the P&O Study; and WHEREAS, funding for the annual voluntary contribution is included in the adopted budget and will be paid from the Sewer Fund.

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

1. The above recitals are true and correct.

2. The City Council approves the Agreement for Permittees Selecting Participation in the Prioritization and Optimization Study for Alternative Salinity Permitting Approach with the Central Valley Salinity Coalition, attached as Exhibit 1 and incorporated herein.

3. The City Manager, or designee, is authorized to issue a purchase order and take all actions necessary to remit the City's annual financial contribution in accordance with the Agreement.

4. The resolution is effective immediately upon adoption. * * * * * * * *
[Signatures continue the following page. City Clerk will insert signature page]

AGREEMENT FOR PERMITTEES PARTICIPATING IN CV-SALTS SALT AND NITRATE

CONTROL PROGRAM
This Agreement is entered into by and between the CENTRAL VALLEY SALINITY COALITION, a California nonprofit mutual benefit corporation (hereafter "CVSC") and the City of Madera (referred to individually or collectively as Party or Parties).

RECITALS

1. On May 31, 2018, the Central Valley Regional Water Quality Control Board (Central Valley Water Board) adopted Amendments to the Water Quality Control Plans for the Sacramento River and San Joaquin River Basins and the Tulare Lake Basin to Incorporate a Central Valley-Wide Salt and Nitrate Control Program (SNCP) [Basin Plan Amendments]. The Basin Plan Amendments were approved by the State Water Resources Control Board (State Water Board) on October 16, 2019, and the Office of Administrative Law on January 15, 2020. Parts of the Basin Plan Amendments became effective upon Office of Administrative Law approval. Other parts became effective after receiving approval from the United States Environmental Protection Agency (USEPA) on November 12, 2020.

2. The Basin Plan Amendments include the Program to Control and Permit Salt Discharges to Surface and Groundwater (Salt Control Program) and Nitrate Discharges to Groundwater (Nitrate Control Program).

The Salt and Nitrate Control Program as applicable to Groundwater became effective on or about January 15, 2020, and surface water components became effective on or about November 12, 2020, after approval by USEPA.

3. The Salt Control Program is a program for the control and permitting of discharges containing salt in the Sacramento-San Joaquin River Basins and the Tulare Lake Basin and applies to all surface and ground waters.

4. Salt concentrations in surface and ground waters generally continue to increase over time despite existing water quality management programs and strategies to control salt. Based on supporting studies, existing salt management options in areas with significant salt concerns would unlikely change the volume and mass of salt. To address such concerns, the Central Valley Water Board found that a comprehensive solution to salinity issues in the Central Valley will need to rely on both local and subregional solutions as well as broad region-wide projects to export salt out of the Central Valley. Additional studies are needed to further define the range of solutions for surface and ground waters that may be deployed within each Central Valley hydrologic region to prevent continued impacts to salt sensitive areas in the Central Valley.

5. Given the need for these studies, the Central Valley Water Board will implement a phased Salt Control Program. Phase I consists of the Prioritization and Optimization Study (P&O Study), which will facilitate the development of a long-term Salt Control Program to achieve the Central Valley Water Board's goals for salinity management for the Central Valley.

6. Under the provisions of the Basin Plan Amendments adopted by the Central Valley Water Board, all permitted salt discharges shall comply with the provisions of the Salt Control Program upon receiving a Notice to Comply from the Central Valley Water Board. For Phase I of the Salt Control Program, the Central Valley Water Board adopted two compliance pathways for permitted dischargers of salt: 1) Conservative Salinity Permitting Approach, and 2) Alternative Salinity Permitting Approach. The Conservative Salinity Permitting Approach applies to all permitted dischargers unless the permittee elects to participate in the Phase 1 Alternative Salinity Permitting Approach. Permittees have six (6) months from receiving a Notice to Comply to elect to participate in the Phase I Alternative Salinity Permitting Approach.

7. Permittees electing to participate in the Phase I Alternative Salinity Permitting Approach must agree to participate collectively in the P&O Study with other permittees, the Central Valley Water Board, and other stakeholders, including providing the minimum required level of financial support.

8. The CVSC has agreed to be the lead entity for overseeing P&O Study Work Plan development as well as implementing the approved P&O Study Work Plan, which is anticipated to take ten (10) to fifteen (15) years.

9. Upon approval of certain provisions of the Basin Plan Amendments by the USEPA, the Central Valley Water Board sent Notices to Comply to permittees and irrigated agricultural lands coalition groups that discharge salt to surface or groundwater in the Central Valley Region's jurisdictional area.

10. Upon receiving the Notice to Comply, permittees had six (6) months to elect to participate in the Phase I Alternative Salinity Permitting Approach or be subject to the Conservative Salinity Permitting Approach.

11. Permittees that elect to participate in the Alternative Salinity Permitting Approach must register their intent to participate with the CVSC and provide payment for their identified level of financial support.

The Surveillance and Monitoring Program

12. To support the overall SNCP, the Basin Plan amendments require the development and implementation of a Surveillance and Monitoring Program (SAMP) for surface waters and groundwater that applies to both the Salt and Nitrate Control Programs.

13. The SNCP requires all permittees that discharge salt or nitrate in the Central Valley Region to participate in the SNCP SAMP.

14. As part of its role as the lead entity, the CVSC will collect fees from Central Valley Region permittees required to fund the implementation of the approved SAMP Workplan/Quality Assurance Project Plan (QAPP). The fee structure and the timing of fee collection will be sufficient to fund the implementation of the SAMP Workplan, including preparation of all deliverables for submittal to the Central Valley Water Board.

TERMS OF AGREEMENT

1. Participant has either received a Notice to Comply or has members that have received a Notice to Comply with the Salt Control Program. Participant (or the Participant on behalf of its members) has elected to comply through the Phase I Alternative Salinity Permitting Approach.

2. Participant understands that electing to comply through the Phase I Alternative Salinity Permitting Approach is not mandatory and that Participant is electing this option on their own free will.

3. Participant understands that CVSC is not a regulatory entity but rather is a non-profit organization that has voluntarily agreed to administer the P&O Study, which is an essential component of the Phase I Alternative Salinity Permitting Approach.

4. Nitrate dischargers selecting Pathway A (Individual Permitting Approach) or Pathway B (Management Zone Permitting Approach) are required to participate in the SAMP.

5. By electing to comply with salinity requirements through the Salt Control Program for the Phase I Alternative Salinity Permitting Approach, and/or in order to fulfill its obligations under the SAMP Workplan/QAPP implementation, Participant agrees to the following:
5a. Participant will provide timely annual payments to the CVSC at the identified level of financial support that applies to the Participant including any fees or charges; and, 5b. Participant will cooperate with the CVSC by providing permittee information, readily available data and information as requested pertaining to salt and nitrate discharges, or other readily available information necessary for implementation of the P&O Study Work Plan and SAMP Workplan/QAPP.

Such data shall be provided in an appropriate format as requested by the CVSC, to the extent that the Participant can reasonably and feasibly provide the requested data and information in the format requested.
5c. If the Participant represents multiple permittees, is an entity or community that holds multiple permits, or is a third party that provides for General Order compliance through membership in the third party (e.g., Irrigated Lands Coalitions), the Participant is committing to the following:
5c-i. Providing P&O Study and SAMP information to its members and collecting the information in 5.b. above, as applicable from its members to ensure efficient information collection. 5c-ii. Collecting funds or paying directly for the individual members or the collective Participant. In the event that the Participant is collecting funds from multiple permittees, the Participant needs to provide the CV-SALTS ID and other identifying and contact information for each permittee as needed by CVSC or the Central Valley Water Board to document P&O Study and SAMP participation. 5c-iii. Cooperating with CVSC and the Central Valley Water Board on any issues relating to permittees and/or members being covered by the Participant's enrollment. 5c-iv. Further, by signing this agreement, if the Participant represents multiple permittees, is an entity or community that holds multiple permits, or is a third party that provides for General Order compliance through membership in the third party (e.g., Irrigated Lands Coalitions), Participant hereby represents to the CVSC that the Participant has all appropriate authority to represent the identified group of permittees, or members of Participant's organization and the CVSC may rely on this representation.

6. The CVSC agrees to develop timely deliverables as related to development and implementation of the P&O Study Work Plan, including but not limited to, annual progress reports, Interim Project Reports, long-term governance and funding plans, recommendations for amendments to the Water Quality Control Plans for Phase II of the Salt Control Program, and a Final Phase I Project Report. As it relates to the SAMP, deliverables include, but are not limited to, SAMP 5-Year Assessment Reports for groundwater and surface water, with the first SAMP report due in 2031 and focusing on groundwater.

7. Participant understands that costs for the P&O Study and SAMP are shared among all Participants based on a cost allocation mechanism set forth by the CVSC.

8. Participant understands that costs for the P&O Study and SAMP and the number of participants may change and costs will be evaluated annually and that the cost allocation may change no more frequently than annually.

9. Participant understands that failure to make timely payments may result in an additional assessment or penalty in accordance with CVSC adopted policies, which may be revised from time to time. All current policies are posted on the CVSC website at: www.cvsalinity.org/cvsc.

10. The CVSC agrees to evaluate costs annually and will work in good faith to put forward a cost allocation mechanism that is reasonable and administratively implementable.

11. The CVSC may consider the following factors when establishing the cost allocation mechanism:
salinity and nitrate levels in the discharge, the volume of the discharge, total load or impacts, local conditions, administrative efficiencies in the collection of cost allocations by trade or industry-based organizations, and other factors determined appropriate.

12. The CVSC agrees that contributions provided by Participant to CVSC are to be used only for the purpose of preparing and implementing the P&O Study Work Plan and SAMP Workplan/QAPP and reasonable administrative costs associated with administering the P&O Study and SAMP by CVSC.

13. The CVSC agrees to seek alternative funding sources for implementation of all or parts of the P&O Study Work Plan and SAMP Workplan/QAPP, if determined appropriate. However, the Participant understands that the permittee participants electing the Phase I Alternative Salinity Permitting Approach are ultimately responsible for funding the development and implementation of all or parts of the P&O Study Work Plan.

14. Participant understands that this agreement pertains only to Phase I of the Salt Control Program and the Phase I Alternative Salinity Permitting Approach. Funding approaches for implementing Phases II and III may be addressed in the P&O Study; however, nothing in this agreement commits Participant to fund Phase II or Phase III actions. Phase II consists of project development and identification of funding for capital improvement projects, and Phase III consists of the final implementation of large-scale capital projects.

15. The Participant understands that compliance with the terms of the Salt and Nitrate Control Program is ultimately determined by the Central Valley Water Board and not CVSC or other participants to this agreement.

16. The Participant is free to withdraw from this agreement at any time upon giving a minimum of 30 days express written notification to the CVSC. Any annual contributions paid to the CVSC for the current year by a withdrawing Participant shall not be reimbursable by CVSC to the withdrawing Participant.

17. Prior to withdrawing from this agreement, the Participant should consult with the Central Valley Water Board regarding its options for complying with the Conservative Salinity Permitting Approach.

18. In the event that the Participant does not fulfill its obligations under paragraph 5 of this agreement, the CVSC is obligated to notify the Central Valley Water Board of the Participant's failure to meet its commitment for continued participation in the P&O Study and SAMP implementation.

19. Participant understands that the terms of this agreement provide benefit to the Participant on an annual basis.

20. Participant understands that the CVSC reserves the right to terminate this agreement with a Participant after providing written notice at least sixty (60) days in advance of such termination. Any action by the CVSC to terminate the agreement with respect to a single Participant (or group of permittees represented by one Participant) shall include a reason(s) for such termination in writing. The Participant may request that the CVSC provide Participant an opportunity to appear before the CVSC Board of Directors to oppose such termination prior to the termination becoming effective. The CVSC Board of Directors reserves the ultimate authority to determine if a termination shall become effective.

21. CVSC intends to remain the entity for administering the P&O Study and SAMP. However, in the unlikely event that the CVSC finds it necessary to withdraw from being the administering entity, the CVSC agrees to all of the following:
21a. Provide at least six (6) months' notice in advance of such withdrawal so that Participants, in cooperation with the Central Valley Water Board, have the opportunity to identify or create a new successor entity for administering the P&O Study and SAMP. 21b. Provide all data, information, reports, and information to any successor entity identified by the Participants and/or the Central Valley Water Board.
21c. Transfer all remaining funds, after addressing all outstanding liabilities, to any identified successor entity.
21d. Agree to work cooperatively with the Central Valley Water Board, Participants, and any successor entity for an orderly transfer of data, information, reports, and remaining funds.

22. The CVSC agrees to maintain an accounting system that clearly documents funds provided to the CVSC for the P&O Study and SAMP and funds paid out from the CVSC for purposes of administering the P&O Study and SAMP.

23. Within a reasonable time after payment of costs, CVSC will make available documentation of participation for the year or years of participation.

24. Participation in the P&O Study and SAMP, and being a Party to this Agreement, shall not constitute an admission of current or historic liability or fault with respect to salt pollution or contamination in surface or ground water that may exist within the Central Valley.

25. The agreement is not intended for the benefit of any person or entity not a Party and shall not be enforceable by any person or entity that is not a Party.

26. The agreement shall be interpreted and enforced pursuant to the laws of the State of California. In the event of any litigation arising hereunder, the Parties hereto agree to submit to the jurisdiction of any court of competent jurisdiction within the State of California, County of Sacramento.

27. If any provision of the agreement is found invalid or unenforceable, the balance of the agreement shall remain in full force and effect.

28. The agreement may be executed electronically and in counterparts with the same force and effect as if executed in one complete document by all Parties.

29. This agreement contains the entire agreement between the Parties.

Date: ___________ City of Madera, CV-SALTS ID # 2672 listed on Notice to Comply By:____________________________________________
Signature of Participant entity authorized representative _____________________________________________
Print name and title of Participant entity authorized representative Madera City Council Agenda
09/02/26
Agenda Item: E-1
Select Recipient for the Proclamation Recognizing Old Timers Day Annual Parade
(Report by Alicia Gonzales)
There is no written report for this item.

RETURN TO AGENDA

Madera City CouncilSeptember 2, 2026

Madera City Council
September 2, 2026