Documenter: Josef Sibala
Here’s what you need to know:
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Public Health Director Sara Bosse announced a significant surge in COVID cases and hospital capacity concerns. With 18,670 cases and 520 deaths, the case rate has increased.
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Item D1, which amends Section 6-5.33 (D) Of Title VI, Chapter 5 of the Madera Municipal Code Relating to Location and Design of Cannabis Businesses relative to Lions Town & Country Community Park, was approved (4-2) by Mayor Garcia, Supervisors Montes, Evans, and Villegas. Gallegos and Rodriguez opposed.
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The motion to amend Section 6-5.14G-H requires council approval for vertically integrated applications after staff vetting failed with three yes votes by Gallegos, Rodriguez, and Montes – and three no votes by Evans, Villegas, and Garcia.
The Scene
According to its website, the Madera City Council, a board of seven, is the elected legislative body of the City of Madera. There are six council districts. The district elects members of the City Council and the Mayor at large. Members of the City Council, including the Mayor, serve four-year terms.
Due to COVID restrictions, the meeting was on Wednesday, October 1, 2021, at 6 pm through YouTube.
Officials Present:
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Mayor Santos Garcia
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Mayor Pro Tem Artemio Villegas, District 6
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Councilmember Cece Gallegos, District 1
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Councilmember Jose Rodriguez, District 2
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Councilmember Steve Montes, District 3
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Councilmember Anita Evans, District 4
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Vacant, District 5
Others Present:
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City Manager Arnoldo Rodriguez, City Clerk Alicia Gonzales, City Attorney Hilda Cantu Montoy, Deputy City Engineer Ellen Bitter, Director of Human Resources Wendy Silva, Administrative Analyst Sara Sarquiz, Cannabis Compliance Director David McPherson at HdL Companies, Soleiman Javed, Maria Elena Medina, Lourdes Herrera, Ariana Valdez, Public Health Director Sara Bosse, Senior Attorney at Hoban Law Group Patrick Goggin, Roman Saldivar, Perka Taynian, Noel Martinez, Felicia Sylvia, Sam Jones, Jedi Gold, Ed Mackentire, John Rodriguez, Alfred Cassim, and George Daleja
Discussions/Actions
First, the Council unanimously approved items B-1 to B-14 of the consent agenda as follows
B1 City Council Minutes of April 21, 2021
B2 Informational Report on Register of Audited Demands for July 24, 2021, to August 20, 2021
B3 Fiscal Year 2020/2021 Informational Report on Contract City Attorney Services and Litigation Expenditures
B4 Consulting Services Agreement between the City and Demsey, Filliger & Associates, LLC to prepare the City’s OPEB (Other Post-Employment Benefits) Actuarial Report as of June 30, 2021
B5 Resolution Appointing Miguel Gonzalez to the City of Madera Airport Advisory Commission (AAC)
B6 Consultant Services Agreement with the MUSD for Partial Administration of the Academic School Year 2021/22 After School Program, not to exceed $124,000
B7 Use Agreement Allowing the Madera Police Department to Use the City of Kerman Shooting Range
B8 Resolution Waiving the Fees to Cover the Costs of Police, Public Works, and Parks Services Relating to the Old Timers’ Day Parade for $2,935.
B9 Acceptance of 2019-20 SB-1 Road Maintenance and Rehabilitation Account (RMRA) Seals and Overlays, City Project No. R77, Notice of Completion, Release of Retention 35 days after Recording Notice of Completion.
B10 Resolution Approving the Landscape Maintenance Agreement and a Cost Sharing Agreement between the State Department of Transportation (Caltrans) and the City of Madera
B11 Acceptance of Improvements for Pond Place Estates Subdivision (Tract No. 05-S-17)
B12 Acceptance of Gateway Drive-Central Avenue-3rd Street-E Street Sidewalk Improvements Project, Federal Project No. CML 5157(095), City Project No. R-38
B13 Contract Award for Bid Package 1 – Water Main Replacement at Dunham Avenue and Lewis Street, City Project No. W-40.
B14 MADAAC’s Participation in the 2021 Old Timers’ Day Parade and Authorize the City Manager to Execute the Entry Form and Hold Harmless Agreement
Public Health Director Sara Bosse announced a significant surge in COVID cases and hospital capacity concerns. With 18,670 cases and 520 deaths, the case rate has increased.
While anticipating a plateau of cases, salaries for travel nurses have been competitive. Hence, hospitals are struggling with the costs of nurses and found the situation “dicy.”
55.4% of Madera residents have received 1st dose of the vaccine, while 46.4% are fully vaccinated. The Health Department is offering vaccinations in district fairs while emphasized distancing in concerns through signages.
Now, clinics are providing boosters available for the immunocompromised. According to the White House, a booster shot on September 20 for those who received the vaccine 8 months prior. The department is waiting for vetting by Food and Drug Administration and the Center for Disease Control.
Testing is available in the Fairgrounds while operational in PanAm Park. The Health Department works with school districts, ensuring that “kids are in school” and managing staffing challenges.
Promotions regarding the vaccine have included a $25 incentive to refer a friend to take the vaccine. Partnerships with businesses have resulted in vaccine deals, wherein those who are vaccinated can receive store discounts.
Supervisor Rodriguez inquired about the Delta variant and its impact on Madera. Director Bosse remained confident that vaccinations and mask protocols can avert the spread of variants in the community instead of closures.
Administrative Analyst in the City of Madera Sara Sarquiz hoped to “serve residents” in her new position.
Under petitions, bids, resolutions, ordinances, and agreements, the Council proceeded to tackle the following items:
D1 First Reading and Introduction of an Ordinance Amending the City’s Municipal Code Relating to Cannabis
The ordinance focuses on amending Section 6-5.33 (D) Of Title VI, Chapter 5 of the Madera Municipal Code Relating to Location and Design of Cannabis Businesses relative to Lions Town & Country Community Park.
City Manager Arnulfo Rodriguez stated that with cannabis businesses, having the 600 feet restriction from sensitive use such as schools, parks, and daycare centers, could lead to concentration of shops and a rise in land values.
Exceptions were made by the ordinance but not covering Lions Town and County Park.
The amendment will allow more significant opportunities for cannabis uses without adverse impacts.
As for now, the council schedules the second reading of the amendment for Wednesday, Sept. 15, 2021.
In the public comment, Patrick Golgin criticized the requirement in the vertically integrated applications that cannabis businesses seek Council approval after staff vetting.
Roman Saldivar, a cannabis business owner from Madera, supported the exclusion of Lions Town and County Park and urged changes in the social equity process.
Perka Taynian, Sam Jones, Felicia Sylvia, Adriana Chaves, and Jedi Gold objected to cannabis retail stores near the park.
D2 Renewal of Existing Contract, along with an Amendment for Additional Services, between the City and Hinderliter, deLlamas & Associates (HdL Companies) for Consulting Services Related to Cannabis.
City Manager Arnulfo Rodriguez said that services would include complete site inspections and audits.
Also, HdL will provide additional services such as the review of cannabis business applications, which entails the phases of screening, reporting, public meeting, and granting of the permit. The cost per application is a flat fee of $5,900.
Then, the council unanimously approved the extension of the existing contract with HdL Companies through Sept. 1, 2023.
D3 Cannabis Business Permits – Consideration of Number of Cannabis Business Permits, Procedure Guidelines and Review Criteria, and Fees
City Manager Rodriguez pointed out the resolutions under item D3 as follows:
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Determining the number and type of Cannabis business permits that may be issued in the City.
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Establishing fees for Cannabis Business Permits (including Cost Recovery Analysis).
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Establishing Procedure Guidelines and Review Criteria to govern the application and selection process for various Cannabis Business Permits.
He stated that in vertically integrated applications, cannabis business owners could be in single or multiple parcels. David McPherson of HdL Companies clarified that cannabis nurseries are a form of license that belongs to cultivation for vertically integrated applications.
In another public comment, Goggin requested the council amendments to Section 6-5.14G-H, which require council approval of vertically integrated applications after staff vetting.
Madera cannabis business owners Soleiman Javad, John Rodriguez, Ariana Valdez, Alfred Cassim, and George Daleja sought the council for extra points for local applications in the screening process.
Ed Mackentire, a Madera resident, asked the council to provide a “genuine quality control administrative process” relating to cannabis businesses.
Supervisors Montes and Rodriguez agreed to Goggin’s proposal.
Meanwhile, Mayor Garcia stressed that the council has the “final decision” on cannabis business regulations, not staff. Supervisor Evans said that “elected officials” just make the final decision.
The motion to amend Section 6-5.14G-H requires council approval of vertically integrated applications after staff vetting failed with three yes votes by Gallegos, Rodriguez, and Montes – and three no votes by Evans, Villegas, and Garcia.
Likewise, the motion to pass item D3 failed with three no votes by Gallegos, Rodriguez, and Montes – and three yes votes by Evans, Villegas, and Garcia.
Due to public sentiments, Supervisor Rodriguez objected to item D1, which called for the exclusion of Lions Town and County Park.
Item D1, which amends Section 6-5.33 (D) Of Title VI, Chapter 5 of the Madera Municipal Code Relating to Location and Design of Cannabis Businesses relative to Lions Town & Country Community Park, was approved (4-2) by Mayor Garcia, Supervisors Montes, Evans, and Villegas. Gallegos and Rodriguez opposed.
D4 Acceptance of Fresno River Trail – Union Pacific Railroad (UPRR) & Gateway Undercrossing Project, Federal Project No. ATPCML 5157 (100), City Project No. PK-08
Moreover, Deputy City Engineer Ellen Bitter expects additional multimodal projects as follows:
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Bike Lane Projects
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Congestion Mitigation and Air Quality Improvement (CMAQ) funded Cleveland/Tulare/Raymond Rd Bicycle.
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Affordable Housing and Sustainable Communities Program (ASHC) Improvements Associated with Veterans Housing Project
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Sidewalk Projects
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CMAQ funded projects serving schools and commercial areas
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ASHC Improvements Associated with Veterans Housing Project
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Pedestrian Safety Projects
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Highway Safety Improvement Program (HSIP) on Granada near Town & Country Park
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Granada Bicycle/Pedestrian Bridge over the Fresno River
D5 Assignment of Grant Administrator Classification to the Competitive Service, represented by the Mid Management Employee Group (MM). The council unanimously passed the item.
Director of Human Resources Wendy Silva stated that under D5:
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Designates the Grant Administrator Classification as a Competitive Service Position Represented by MM and Assigning the Position to Salary Range 446.
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Introduces an Ordinance Amending Subsection E of §2-2.305 of Title II of the Madera Municipal Code Relating to Civil Service and Exceptions to the Competitive Service
During the closed session, the council discussed the items as follows:
G-1 Conference with Labor Negotiators – Under Government Code §54957.6
Agency Designated Representatives: Arnoldo Rodriguez and Wendy Silva
Employee Organizations: General Bargaining Unit/Madera Affiliated City Employees Association Mid-Management Employee Group Madera Police Officers’ Association Law Enforcement Mid Management
The meeting ended at 9:34 pm. On Wednesday, Sept. 15, 2021, the next regular meeting will be at 6 pm on YouTube.
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