Madera City Council (9/15/21) Measure T expenditure budget + cannabis decision postponed — fresnoland

Documenter: Josef Sibala

Here’s what you need to know: 

• According to Public Health Director Sara Bosse, Madera’s case rate stands at 36.3 per 100,000. She pointed out a “plateau” in cases and an impacted hospital system.

• The council unanimously approved the Expenditure Budget for the various funding programs in the Measure T Annual Expenditure Plan (AEP) for the Fiscal Year 2021/22.

• For the next meeting, the Council voted (4-1) to table item D1, which called for an ordinance amending the City’s Municipal Code relating to cannabis and adopting a Negative Declaration Recommendation. Mayor Garcia voted no. 

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, September 15, 2021, at 6 pm through YouTube. 

Officials Present:

• Mayor Santos Garcia

• Mayor Pro Tem Artemio Villegas, District 6

• Councilmember Cece Gallegos, District 1

• Councilmember Jose Rodriguez, District 2

• Councilmember Steve Montes, District 3

• Councilmember Anita Evans, District 4

• Vacant, District 5

Others Present:

• City Manager Arnoldo Rodriguez, City Clerk Alicia Gonzales, City Attorney Hilda Cantu Montoy, Deputy City Engineer Ellen Bitter, Public Health Director Sara Bosse, Planning Manager Gary Conte, and Haylee Gonzales.

Discussions/Actions

According to Public Health Director Sara Bosse, Madera’s case rate stands at 36.3 per 100,000. She pointed out a “plateau” in cases and an impacted hospital system. 

Madera Community Hospital and other hospitals are “100 percent” full. She noted a “window of opportunity” for early treatment of high-risk COVID patients using monoclonal antibody treatment.

The Madera Public Health Department shared information on how people can access prescreening and where to go to set an appointment. 

Testing remains high. Schools have done modified quarantine while placing students exposed to COVID in the classrooms. 

The department has changed testing locations from the Fairgrounds to the Frank Bergon Senior Center. Vaccination rates are slowly increasing.

On boosters, Bosse said that there has been “no answer” from the federal government. However, the department is preparing to administer COVID and flu vaccinations.

Senator Anna Caballero’s representative Joyce Dale introduced Sayan Javera, who participated in the 2021 Young Legislators Program, which said that the program was a “great opportunity.”

First, the Council unanimously approved items B-1 to B-14 of the consent agenda as follows:

B-1  City Council Minutes of May 17, 2021

B-2 Informational Report on Register of Audited Demands for August 21, 2021, to September 3, 2021

B-3 Informational Report on Personnel Activity

B-4 Assignment of Grant Administrator Classification to the Competitive Service 

• Waive Further Reading and Adopt 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 

B-5 Agreement with Quad Knopf Inc, dba QK for Professional Engineering Services for the Planning and Design of New Automatic Meter Reading (AMR) Water Meters

• The council adopted a Resolution Approving an Agreement with Quad Knopf Inc, dba QK for $281,862 for Professional Engineering Design Services to install New Automatic Meter Reading (AMR) Water Meters at Various Locations, City Project No. W-31, W-32, and W33 

B-6 Ellis & D Street Subdivision – Use of County Owned Ellis Street Basin 

• Authorized City Engineer to Sign and Transmit Letter to County of Madera Regarding Use of Ellis Street Basin 

B-7 Airport Access Agreement Renewal with Stephen J. and Nadine Sagouspe 

• Resolution Clarifying Resolution No. 21-109 Regarding Property Description for Airport Access Agreement with Stephen J. and Nadine Sagouspe

B-8 Resolution Appointing Patricia Carreon to Serve as a Member of the City of Madera Transit Board (TAB) 

B-9 Transfer of Community Development Block Grant (CDBG) funds from the City’s Engineering to the Public Works Department and Approve Amendment to CDBG Subrecipient Agreement with City’s Public Works Department. 

• Resolution Approving an Amendment to CDBG Subrecipient Agreement with City’s Public Works Department, Rescinding Resolution No. 21-14 

• Subrecipient Agreement for $36,755 with City Engineering Department, and Approving a Transfer of $36,755 in CDBG funds from the Engineering Department to Public Works

During the public hearing, the council discussed the following items:

C-1 The council unanimously approved the Expenditure Budget for the various funding programs in the Measure T Annual Expenditure Plan (AEP) for the Fiscal Year 2021/22 and Authorizing Submission of Projects to Madera County Transportation Commission (MCTA) for Adoption 

According to Deputy City Engineer Ellen Bitter, Measure T, which imposes ½ cents sales tax, was approved by voters in November 2006. 

The measure is for transportation purposes in Madera County only and Madera County Transportation Authority (MCTA).

Madera County Transportation Authority will adopt the MCTA Annual Work Program at their September meeting, including an Annual Expenditure Plan submitted by each local agency.

However, Measure T sunsets 2027. Steering committee forming for renewal of Measure T. Hence, future workshops for Measure T Projects and Expenditures are to date. 

Regarding the Annual Expenditure Plan, the Final Allocation from MCTA provides the estimated revenues.

$3,231,059 allocated to the City of Madera for the fiscal year 2021/22, which is a moderate 3% increase over the prior year’s allocation. 

In the spring, Capital Improvement Plan/City Budget Process identifies projects and programs for new Measure T funding.

Approval of Measure T Program requires separate Council Action. In September, the council will add carryover funding and excess revenue to the total Annual Expenditure Plan funding from the prior year.

Regional Rehabilitation, which costs $1,106,527, is only for Arterial and Collector Streets and include the following: 

• Olive Avenue at Gateway Drive to Knox Street

• 3R, Seals, and Overlays, and American with Disabilities Act (ADA)

• Capital Improvement Projects (CIP) No. R-71, No. R-78, and No. R-79

• Traffic Study For Almond Avenue/Pine Street/Stadium Road Corridors

• Almond Avenue Extension

Street Maintenance totals $962,679, covering 36% for the Fiscal Year 2021/22, and includes crack filling patching and maintenance seals. 

Transit Enhancements totals $88,522 to address persons with disabilities, senior, and paratransit needs.

Environmental Enhancement totals $88,522, and Americans with Disabilities Act (ADA) Compliance, which totals $22,131, seeks to:

• promote cleaner through active transportation modes such as bicycling or walking

• reduce particulate matter by paving unpaved streets, shoulders, and alleys

Projects under Environmental Enhancement Americans with Disabilities (ADA) Compliance are as follows:

• Local match to Community Multiscale Air Quality Modeling System (CMAQ) alley paving projects

• Local match to sidewalk projects

• Schnoor Avenue from Sunset to Fresno River

• Additional sidewalks at Washington School 

• Funding component of pot set aside for sidewalk projects

• Local match to Tulare Street/Cleveland Avenue/Raymond Road Bicycle Lane Project.

Councilmember Gallegos asked about the criteria for the Measure T steering committee. Bitter replied that elected officials, city staff, and stakeholders would make up the steering committee. 

On petitions, bids, resolutions, ordinances, and agreements, the council discussed the following items:

D-1 Second Reading and Adoption of Ordinance Amending the City’s Municipal Code Relating to Cannabis and Adoption of Negative Declaration Recommendation: 

• Waive full reading and Adopt an Ordinance of the City of Madera, California 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] 

• Adopt the Negative Declaration the determined that the Proposed Project will not have Significant Adverse Effects on the Environment 

According to City Manager Arnoldo Rodriguez, the city’s code states that cannabis businesses must be 600 feet from any sensitive use such as schools, parks, and (not daycare centers)

However, local jurisdictions may make exceptions. After review, large swaths of land in the City would not be eligible. It could potentially read to a concentration of shops, artificially increase land values, and pricing some businesses out.

Council deemed the following locations exempt from the requirement, which will give flexibility and opportunities to cannabis businesses:

• Downtown, Fresno River, Library, Fairgrounds, and Golf Course

• Parks: Rotary Park (Gateway Drive), Courthouse Park, Wells Center (swimming pool park and youth center), and Frank Bergon Park (Senior Center)

In the public comment, Haylee Gonzales objected to cannabis dispensaries near the park.

Councilmember Rodriguez, Montes, and Evans asked to table the item in the next meeting.

Council voted (4-1) to table item D1 in the next meeting. Mayor Garcia voted no. 

D-2 Initiation of Proceedings for the Annexation of the Omni Subdivision into Community Facilities District 2005-01 

According to Planning Manager Gary Conte, the Community Facilities District (CFD) 2005-1 levies an annual special tax to finance police protection services, fire protection and suppression services, park maintenance, and storm drainage system operation and maintenance. 

A Citywide CFD will fund the gap between the revenue generated by new development and the cost of delivering the services desired. 

The fiscal analysis identified the impacts of new developments on the General Plan.

The initial annual assessment was $311 for a single-family home, growing to $499.48 in 2021/22.

Tax is deposited into General Fund since impacts were specific to the General Fund.

Utilization of the tax is purposefully broad, such that the city may finance any services or facilities permitted in the Act. 

The Annexation No. 10 of Omni Subdivision for Fiscal Year 2021 Assessment stated approximately $499.48 per dwelling unit, while the annual revenue is $30,4368.28.

The council unanimously approved item D2, which states the following:

• Resolution Adopting a Boundary Map Showing the Territory Proposed for Annexation to City of Madera Community Facilities District No. 2005-01.

• Resolution Declaring the City’s Intention to Authorize the Annexation of Territory into City of Madera Community Facilities District No. 2005-01 

During the closed session, the council discussed the items as follows:

G-1 Public Employee Performance Evaluation – Under Government Code Section §54957(b)(1) 

Title: City Clerk 

G-2 Conference with Legal Counsel – Anticipated Litigation: Significant Exposure to Litigation – Under Government Code §54956.9(d)(2) 

1) Workers Compensation: Lynn Hollier – Two (2) Claims 

G-3 Conference with Labor Negotiators – under Government Code §54957.6 

Agency Designated Representative: Arnoldo Rodriguez 

Unrepresented Employee: Director of Parks & Community Services 

G-4 Conference with Labor Negotiators – under Government Code §54957.6 

Agency Designated Representative: Arnoldo Rodriguez and Wendy Silva 

Employee Groups: Mid Management Employee Group and Law Enforcement Mid Management Group

The meeting ended at 7:22 pm. On Wednesday, October 6, 2021, the next regular meeting will be at 6 pm on YouTube. 

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