Documenter: Josef Sibala

Summary

  • Public Health Director Sara Bosse said that the case rate of 63.2 per 100,000 is relatively high. The positivity rate remains at 23.9 percent.

  • The Council (7-0) approved the Planned CalTrans Project on State Route 145. 

  • The Council (6-1) agreed to continue the teleconference option for council meetings. 

  • Dan Foss introduced Gabriel Baston as Wastewater Treatment Plant Operator.

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.

The meeting was in-person on Wednesday, Feb. 16, 2022, at 6 pm, yet accessible via YouTube.

Officials Present:

  • Mayor Santos Garcia 

  • Mayor Pro Tem Anita Evans, District 4 

  • Councilmember Cece Gallegos,  District 1 

  • Councilmember Jose Rodriguez, District 2 

  • Councilmember Steve Montes, District 3 

  • Councilmember Elsa Mejia, District 5 

  • Councilmember Artemio Villegas, District 6

Others Present:

  • City Manager Arnoldo Rodriguez, City Clerk Alicia Gonzales, City Attorney Hilda Cantu Montoy, and Public Health Director Sara Bosse, Financial Services Manager Anthony Forestiere, CalTrans District 6 Maintenance and Operations Deputy Director John Liu, Bobby Kahn, Gabriel Baston, Dan Foss, Christine Hays, Roger Evans, Mona Ducay, Letizia Gonzales, and Brett Frazier. 

Discussions/Actions

Perka Taynian asked when the City released applications for cannabis dispensaries. 

Public Health Director Sara Bosse said that the case rate of 63.2 per 100,000 is relatively high. The positivity rate remains at 23.9 percent. 

Testings are at 734 per day, while the department is reducing capacity. 

Hospitalizations have decreased. However, ICU cases are increasing due to the 2-week delay. 

Now, the state lifted the indoor masking requirement for vaccinated persons. The condition holds for the unvaccinated populations and within schools and health facilities.

The fully vaccinated population is 57.2 percent, while those partially vaccinated are 7 percent. Area C has increased vaccination to 70 percent. 

Individuals who get one dose can get a $75 incentive for February. The department is awaiting the Centers for Disease Control and Prevention (CDC) approval of vaccinations for ages 6 months to 4 years old. 

She urges residents to wear a mask and vaccinate to achieve immunity. ICU beds are up at 36 percent. 

Dan Foss introduced Gabriel Baston as Wastewater Treatment Plant Operator.

First, the Council (7-0) unanimously approved B-1 to B-12 of the consent agenda. 

B-1 City Council Minutes of June 16, 2021 

B-2 Informational Report on Register of Audited Demands for January 22, 2022, to February 4, 2022 

B-3 Informational Report on Personnel Activity Recommendation: 

B-4 Claims Settlement Authority Delegated to the City Manager 

Waive Full Reading and Adopt an Ordinance of the City of Madera Amending Section 1-6.18 of Title I Chapter 6 of the Madera Municipal Code relating to City Manager Authority on Claims Against the City. 

B-5 State Ballot Measure 21-0042A1, the Taxpayer Protection and Government Accountability Act 

Adopt a Resolution Establishing the City’s Opposition to State Ballot Measure 21-0042A1, Taxpayer Protection and Government Accountability (Report by Arnoldo Rodriguez) 

B-6 Second Amendment to Professional Services Agreement with The Pun Group for completion of Fiscal Year (FY) 2020-21 and FY 2021-22 financial audits 

Recommendation: Adopt a Resolution Approving a Second Amendment to the Agreement for Professional Services with the Pun Group to extend the Agreement for Completion of the FY 2020-21 and FY 2021-22 Financial Audits and set the fee for the FY 2021-22 Audit Services not to Exceed $54,636 (Report by Anthony Forestiere) 

B-7 Amendments to Agreements between the City and MV Public Transportation, Inc. 

1) Adopt a Resolution Approving Amendment No. 2 to Agreement for Management and Operation of Madera Transit Services Agreement with MV Public Transportation, Inc. to include required FTA Regulatory Provisions and Rescinding Resolution No. 21-137; and 

2) Adopt a Resolution Approving Amendment No. 2 to the Lease Agreement between the City and MV Public Transportation, Inc. to include required FTA Regulatory Provisions and Rescinding Resolution No. 21-138 (Report by Anthony Forestiere)

The public hearings focused on the following:

C-1 Public Hearing Relating to Annexation of Certain Properties into Zone of Benefit 40 and Zone of Benefit 51 to the Citywide Landscape and Lighting Assessment Districts (LMD) Zone for the Fiscal Year 2022/23 

The Council (7-0) unanimously approved to continue Public Hearing to City Council Meeting of March 2, 2022, at 6:00 PM.

C-2 General Plan Amendment and Related Rezoning of Property for the Development of the Sunset Apartment Project 

City Council holds the Public Hearing and after it is closed, take the following actions by separate motion in the order presented: 

Project location at the Northeast corner of Orchard and Sunset Avenues covers 0.875 acres. 

In 2016, the Planning Commission revoked the CUPs associated with the site due to noncompliance with the conditions of approval.

Current owners purchased the site after 2016 and planned to develop the site with apartments, filing the required entitlements originally in 2020.

Planning Commission approved Site Plan Review (SPR) 2020-01 in November

2021, authorizing construction of a 15-unit apartment project.

The SP was approved, subject to the City Council’s adoption of the GPA and REZ.

GPA 2020-01 to amend the land use designation from Commercial to Residential. REZ 2021-01 to rezone the north 0.2 acres from R1 to R3

The staff adopted an Initial Study/Negative Declaration associated with GPA 2020-01, REZ 2021-01, and SPR 2020-01.

GPA 2020-01 proposes to amend the land use designation from C (Commercial) to HD

(High-Density Residential). HD range is between 15.1 and 50 du/ac. 

SPR 2020-01 would provide 15 units on-site, 17.14 residential dwelling units per acre (du/ac).

REZ2021-01 proposes to change the zoning district for the north 0.2 acres from R1 (One unit per 6,000 square feet) to R3 (One unit per 1,800 sqft). 

R3 zone is consistent with the proposed HD land use. A maximum of 21 units

could be accommodated on-site

The staff has prepared the Initial Study/Negative Declaration. The 21-day public review period commenced on September 29, 2021, and ended on October 19, 2021. 

The review received one comment letter, citing compatibility concerns with the existing neighborhood. 

SPR 2020-01 is a 15-unit apartment project (4-unit building to north, 11-unit building to south). The Planning Commission approved the project on November 9, 2021.

The applicant submitted fees to cover the cost of processing the applications. 

The property owner will be responsible for paying development impact fees. 

Christine Hays and Royer Hays opposed the project. The Council (7-0) unanimously approved item C-2 due to the need for housing. 

Regarding petitions, bids, resolutions, ordinances, and agreements, the Council centered on the following:

D-1 Agreement for Lions Town & Country Park Renovation Recommendation: Adopt a Resolution awarding the contract to Nish-ko, Inc. under IFB 202122- 09 for Lions Town & Country Park Ballfields #1 & #2 Renovation, estimated at $65,216, and approving a Contractor Services Agreement.

Mr. Ron & Terri Pisk expressed the desire to help improve the field conditions and approached the City. Invitation for Bid (IFB) No. 202122-09 is consistent with the City’s long-term goals of enhancing parks.

Changes for Ballfield #1 includes: 

– Survey, re-engineer field & set new grade points.

-Turf Plane approximately 7,000 square feet of existing turf with laser function, auto grade/auto depth.

– Grade: Rough & Finish grading.

– Hand labor & Equipment.

– Import 24-ton plaster sand & 16-ton infield mix.

– Turf: Bermuda hybrid overseeded.

– Big roll sod installation.

– Spray out existing turf to eliminate weeds.

-Reposition pegs in preparation for bases to be installed

Improvements for Ballfield #2 involves:

– Survey, re-engineer field & set new grade points.

– Turfplane approximately 8,300 square of existing turf with laser function, auto-grade/auto depth.

– Grade: Rough & Finish grading.

– Hand labor & Equipment.

– Import 24-ton plaster sand & 16-ton infield mix.

– Turf: Bermuda hybrid overseeded.

– Big roll sod installation.

– Spray out existing turf to eliminate weeds.

– Reposition pegs in preparation for bases to be installed

Under the Public Contract Code, staff recommends Nish-ko, Inc with the bid of $65,216.00

The donor committed $30,000, while the City will cover the remaining $35,216. 

The Council (7-0) unanimously approved item D-1

D-2 Planned Caltrans Project on State Route 145 (SR 145)

Recommendation: Consider Adoption of a Resolution Approving Caltrans Proposed Road Diet to be Constructed as Part of Caltrans Downtown Madera CAPM Project (06-0Y180) and Provide Direction. 

CalTrans District 6 Maintenance and Operations Deputy Director John Liu presented the workshop regarding the project. 

The project extends the life of the pavement project from Avenue 13 to the East Madera Underpass Bridge. CalTrans anticipates construction in the Fall of 2024. 

Scope of the project includes:

  • Removing and replacing about 4 inches of pavement

  • Installing or upgrading curb ramps

  • Install bicycle facility, bike parking, and bulb-outs

  • Installing transit stops

  • Upgrading traffic signal components

The construction cost for the project is $13.4 million, including $4 million for complete street enhancements. 

Caltrans’ Complete Streets policy seeks to accommodate all users, such as pedestrians, bikers, and passengers, at all projects.

Based on the Safe System Approach, the agency has adopted the following principles:

  • Death or severe injury as unacceptable

  • Humans are vulnerable and make mistakes

  • Responsibility is shared

  • Safety is proactive 

  • Redundancy is crucial 

In 2020, the City Council adopted Downtown Main Street.

In a June 2, 2021 meeting, the Council raised concerns regarding the lane reductions on Yosemite Avenue, traffic congestion, and impacts on local streets. Highway 145 Yosemite Avenue will remain a truck route. 

He recommended that people who want to enter Highway 99, mainly southbound, enter 4th Street. Cleveland Avenue cannot accommodate “much more” traffic. 

On the proposed design for Downtown C Street, he envisions reduced lanes, kept street parking, and provided a 5-foot wide bike lane with a 2-foot buffer. 

The agency can construct the bike lane and the buffer by repurposing the outside lane.

Caltrans will construct a bike lane on Yosemite Ave between Lyons St and Mace St, with street parking retained. The project will add a sidewalk in S Madera Ave. 

Caltrans is not proposing lane reductions at State Route 145 from Gateway Drive to E St. 

The transition to one lane in each direction will happen in D Street. From Lake Street to Vineyard Avenue, Caltrans will retain routes. 

He stated possible urban compact roundabout options at C and D St., accommodating trucks. Meanwhile, he proposed angle parking to retain parking spaces at Highway 145. 

On Lake Street, options include retaining traffic signal and two through lanes in each direction and narrowing lanes to 11 feet to add 5-foot bike lanes. 

On public comment, Mona Ducay, Letizia Gonzales, Bobby Kahn, and Brett Frazier manifested support for the project.

The Council (7-0) unanimously approved item D-2

D-3 Coordination of Ongoing Federal Transportation Administration Funded Activities (FTA) for the Madera Urbanized Area

The City & County are part of the federally designated Madera Urbanized Area (MUA) designed by the Census Bureau.

As of the 2000 Census, the MUA population exceeded 50,000, allowing the City & County to access FT small-urbanized area funds.

Caltrans is the “Designated FTA Recipient” that receives and apportions small-urbanized area Sections 5307 and 5339 and other federal transit funds available to eligible recipients in the MUA.

The said MUA funds are to assist transit agencies with the annual expense accrued at a 50/50 rate for Operation Assistance and Preventative Maintenance and an 80/20 rate for Capital Improvements,

Currently, only the City is a “Direct FTA Recipient” and, in being so, is eligible to apply for the

City share of MUA funds. 

In 2020, Madera County Transportation Commission (MCTC) selected Moore & Associates, Inc. to prepare the Fiscal Year 2018 – 2020 TDA Triennial Performance Audit.

This audit serves as an independent and objective evaluation of the City as a public transit operator.

The audit fulfills the requirement of Public Utilities Code (PUC) Section 99246 (a), which requires the Regional Transit Planning Agency (RTPA) to designate an entity to conduct a performance audit of public transit operator activities.

Because the MUA population comprises City and County residents, the County is entitled to a portion of the MUA funds. 

County Was not a direct FTA recipient. Therefore, they could not directly apply for their share of MUA Funds; however, the County would receive funds via the City.

This agreement determines the shared use of Section 5307, 5339, and other MOU-related FTA – Madera Urbanized Area funds. 

The proposed agreement will allow both the City and County to become “Direct FT Recipients,” allowing each jurisdiction to apply for their share of MUA funds.

MUA Population data determines the percentage of shared funds (City at 79.2% – County at 20.8%).

This agreement shall continue until terminated by any party according to the termination provisions contained herein or five years, whichever occurs first.

This agreement determines the shared use of Madera Urbanized Area funds and will impact the annual apportionment the City is eligible to receive for transit operations and capital expenses.

Historically the City has only drawn down 50% of reimbursable funds allocated per fiscal year. Thus, this agreement will not impact the City’s revenues from 5307 and 5339 funds.

Examples include Coronavirus Aid, Relief, and Economic Security Act (CARES) Funds and American Rescue Plan Act (ARPA) Funds. 

Unlike 5307 and 5339, “One-Time Apportionment Funds” are not guaranteed to be made available annually.

The Council (7-0) unanimously approved item D-3

D-4 Remote City Council Meetings Under Brown Act Requirements (Assembly Bill 361) 

1) Council to decide to allow Public Meetings by the City Council and all Boards, Commissions, and Standing Committees of the City with the remote meeting requirements set forth by the Brown Act; 

2) Council to decide to adopt a Resolution Reauthorizing Remote Teleconference Public Meetings by the City Council and All Boards, Commissions, and Standing Committees of the City under Assembly Bill 361 for 30 Days (Report by Arnoldo Rodriguez) 

The Council (6-1) approved item D-4 to continue the teleconference option for council meetings. 

D-5 Administrative Hearing Officer

1) Adopt a Resolution Approving an Agreement for Services with David Austin to Serve as the Administrative Hearing Officer.

2) Approve a Budget Amendment Not to Exceed $25,000 to Cover Costs Associated with the Agreement.

Historically, the Admin Hearing Officer has been by a volunteer.

Unfortunately, the City lost its volunteer resulting in a backlog of cases. 

On November 13, 2021, the staff published an RFP.  As of closing on December 17, they have received only one proposal. 

David Austin submitted the sole proposal. Staff evaluated based on completeness, qualifications and experience, the scope of services and scheduling, references, and fee schedule.

Note David Austin previously served as the City’s volunteer Hearing Officer. 

Staff is confident about the sole proposal as the consultant’s experience is highly desired.

His Scope of Services are as follows:

– Prepare for hearings as scheduled by City staff

– Preside over such hearings to resolve disputes between an individual

and the City

– Deliver written decisions for each case

– Perform additional services as outlined in the agreement

Types of hearings are municipal code violations, nuisance abatement, vehicle impoundment, animal control, and parking violations. 

With the current backlog of cases, the initial cost is higher than future years require. 

Staff is recommending Council allocate $25,000.

The City has not funded the position since the service has been on a volunteer basis.

The Council (7-0) unanimously approved item D-5, 

D-6 Revisions to the Appointment Process for City Boards, Committees, and Commissions 

Recommendation: Waive full reading and introduce an Ordinance Amending §2-3.101 Of Title II, Chapter 3 of the Madera Municipal Code relating to the appointments process for City Boards, Committees, and Commissions (Report by Arnoldo Rodriguez) 

October 20, 2021 – staff informed Council of inconsistency regarding the appointment process of City boards, committees, and

commissions

On December 15, 2021, Council adopted an ordinance altering the appointment process of the Civil Service Commission.

Rather than continue to make a case by case amendments, the item would establish an appointment process for all nine (9) City boards, committees, and commissions.

The proposed Ordinance would authorize the elected Mayor to appoint members to all boards, committees, and commissions, subject to the approval of the Council. 

The Council (7-0) unanimously approved item D-6. 

The closed sessions focused on:

G-1 Public Employee Performance Evaluation Under Government Code Section 54957(b)(1) Title: City Manager

The meeting ended at 8:17 pm. On Wednesday, March 2, 2022, the next regular meeting will be at 6:00 pm on YouTube

If you believe anything in these notes is inaccurate, please email us at Documenters-admin@thefresnoland.com with “Correction Request” in the subject line.

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