Here’s what you need to know:

  • Public Health Director Sara Bosse said that the case rate of 2.9 per 100,000 is a significant drop. The positivity rate remains at 2.1 percent. Vaccination rates are slowly climbing.
  • The Council (7-0) unanimously approved the rate studies in D-1
  • The City received Congestion Mitigation and Air Quality (CMAQ) Funds for shoulder paving and sidewalks at 5 locations. 

The Scene

According to its website, the Madera City Council, a board of seven, is the elected legislative body of the City of Madera. 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, April. 6, 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, Public Health Director Sara Bosse, and Alan Highstreet from NBS. 

Discussions/Actions

Public Health Director Sara Bosse said that the case rate of 2.9 per 100,000 is a significant drop. The positivity rate remains at 2.1 percent. Vaccination rates are slowly climbing.

The department has recently approved a second booster for ages 50 to up, 18 to 49 who received the Johnson & Johnson as the first dose, and moderately immunocompromised residents.

The second boosters are available for walk-in clinics. Residents can learn about the second boosters at maderacounty.com.

She announced a sweepstake funded by Kaiser Permanente from April 1 to July 1, encouraging families to vaccinate.

Computer drawing pick winners are for every Friday weekly. Prizes involve movie and trip passes.

First, the Council (7-0) unanimously approved B-1 to B-7 of the consent agenda minus B-5.

B-1 Minutes – 08/18/21, 10/28/21 Recommendation: Approve the City Council Minutes of August 18, 2021, and October 28, 2021 

B-2 Informational Report on Register of Audited Demands for March 5, 2022, to March 25, 2022 Recommendation: No Action Required (Report by Anthony Forestiere) 

B-3 Informational Report on Contract City Attorney Services and Litigation Expenditures 

B-4 Agreement with Prudential Overall Supply for Uniform Rental and Laundry Services 

B-5 Resolution Amending the Madera (Americans with Disabilities Act) ADA Advisory Council Bylaws 

B-6 Minute Order Ratifying Issuance of Revised COVID-19 Emergency Policy No. 2: COVID-19 Paid Leave by the City Manager in his role as Director of Emergency Services.

B-7 Second Reading and Adoption of an Ordinance Amending Section 2-1.21 of Chapter 1 of Title II of the Madera Municipal Code Regarding By-District Elections, Adjusting the Boundaries of City Council Election Districts and Confirming Such Revised Council Boundaries 

The public hearings focused on the following:

C-1 Torres Way General Plan Amendment (GPA 2021-01) and related Negative Declaration (ENV 2021-64) 

Recommendation: Conduct a Public Hearing, Make the Necessary Findings, and Adopt a Resolution Adopting the Initial Study/Negative Declaration and Approve a General Plan Land Use Designation Amendment from LD (Low-Density Residential) to HD (High-Density Residential).

Planning Commission approved a resolution recommending City Council adopt a resolution amending the General Plan from:

• From LD (low Density) residential

• To HD (High Density) residential

The Proposal would be consistent with existing zoning.

The Adopt an Initial Study/Negative Declaration in associate with GPA 2021-01

  • 1.18-acre site on Torres Way, between South and Lincoln

• Initial Study and Negative Declaration (IS/ND) prepared:

  • The project would not have a significant impact;
  • No Mitigation Measures are required;
  • The Planning Commission adopted a Resolution recommending the Council adopt the IS/ND.

A 21-day public review period commenced on February 10, 2022, and ended on March 4, 2022.

No comment letters were received relating to Environmental Analysis.

At this time, the applicant has not submitted plans, but approval by the Council would permit a multiple-family development.

The zoning currently allows for multiple families, but the General Plan does not.

The Council (7-0) unanimously approved C-1

C-2 Rezone Property Located at 801 South Gateway 

Recommendation: Conduct a Public Hearing, Make Necessary Findings, Waive Full Reading and Introduce an Ordinance Rezoning Approximately 0.27 acres at 801 South Gateway Drive (APN 011-111-005) from an I – Industrial Zone district to a C2 – Heavy Commercial Zone District. 

A proposal to rezone is approximately 0.27 acres at 801 South Gateway Drive to conform with the site’s General Plan land use designation.

The rezoning would change the subject site from I-Industrial to C2 -Heavy Commercial.

The site has a 6,428 square feet building. The site houses four separate units, 2 of which are vacant.

The applicant would like to expand permitted uses. Staff included conditions that the owner addressed in the maintenance of the site.

According to Government Code 65680, County or city zoning ordinances shall be consistent with the general plan of the county or a city by January 1, 1974. 

A zoning ordinance shall be consistent with a city or county general plan only if both of the following conditions: 

  •  The city or county has officially adopted such a plan

b) The various land uses authorized by the ordinance are compatible with the objectives, policies, general land uses, and programs specified in the plan.

Rezone changes the subject site from I-Industrial to C2-Heavy Commercial.

The Commission considered the Variance, Conditional Use Permit, and Site Plan Review on the Märch 8, 2022. 

Commission recommended to Council the approval of a Rezone.

Variance, Conditional Use Permit, and Site Plan Review are subject to affirmative action by City Council; should Council deny the rezone, entitlements continently approved by Commission shall be null and

void.

The proposal has been categorically exempt under the California Environmental Quality Act (CEQA) guidelines, Section 15301 (Existing Facilities). 

The Council (7-0) unanimously approved the following C-2 recommendations. 

– Waive full reading and introduce an Ordinance Rezoning approximately 0.27 acres at 801 South Gateway Drive (APN 011-111- 005) from an I – Industrial Zone district to a C2 – Heavy Commercial Zone District.

– Adopt the proposal’s environmental determination under the California Environmental Quality Act, Section 15301 (Existing Facilities).

Petitions, Bids, Resolutions, Ordinances, And Agreements centered on: 

D-1 Update on Water, Sewer, Storm Drainage, and Solid Waste Rate Studies, Confirmation of Direction on Utility Rate increases, and Consideration of a Resolution Approving a Date for Prop 218 Public Hearing for Water, Sewer, Storm Drainage, and Solid Waste Rate Increases 

Recommendation: Staff recommends that the Council adopt a resolution accepting the rate study relating to water, sewer, storm drainage, and solid waste; authorizing required actions under Proposition 218; and setting Proposition 218 public hearing date of June 15, 2022, to consider rates.

Alan Highstreet from NBS gave an update on the rate studies. 

Council previously allocated 100 percent of the American Rescue Plan Funds to the wastewater (sewer) and water enterprise funds: 

– $16 million for sewer

– $6 million to water

Utility rate increases need to adhere to the Proposition 218 process

  • Requires a public hearing process along with voting procedures before rates increase, which set for up to 5 years
  • The Proposition 218 process sets the ceiling for the proposed rates; Council may adopt lower rates. 

The Council needs to approve the start of the Proposition 218 process, which typically includes approval of the rate studies.

On the water rates, user charges recover operating costs and the costs of maintaining/replacing the existing infrastructure, including any related debt service.

Water fund assumptions are the following:

  • Projects $10.2 million in revenue per year
  • $43.5 million in capital projects in the next five years
  • The study assumes that Inflation is at 3 percent. 
  • Water, salaries, power would increase by 5 percent
  • Rates would grow at 1 percent per year for the initial three years
  • No anticipated rate adjustments in years 4 and 5

The use of capital reserves and ARPA funding avoids significant rate increases.

The rate study evaluated two options:

  • Option 1: Put all customers on a uniform variable rate.
  • Option 2: Put residential (single and multi-family) on a two-tier inclining rate structure. Combine tiered rates for SF and MFR.

Today, the City has a 3-tier system. 

Sewer fund assumptions include the following:

  • Projects $8.2 million per year in revenue
  • $24.5 million in capital projects in the next five years
  • The study assumes that Inflation is at 3 percent. 
  • Salaries, fuel, and power would increase by 5 percent. 

Rates would increase at 5 percent per year for five consecutive years

  • The study excludes $3.5 million from the recent Omnibus bill.

Also, ARPA moderates rate increases for sewers. 

If the Council approves Storm Drain funds, the fund will generate $928,000 per year.

The current rates do not provide for capital projects.

The study assumes $200,000 in capital projects per year to address existing deficiencies partially. The study also takes inflation at 3 percent per year.

Rates would increase by 15 percent per year for five consecutive years.

Regarding Street Sweeping, current rates are on a  $/linear foot of street frontage basis. 

Proposed rates are total Street Sweeping costs added to Solid Waste Rates as a 7.01 percent of basic charge (without Admin. Fee or AB 1383 Surcharge). 

Mandated SB 1383 costs are about $2M per year and included as a Surcharge and Street Sweeping costs.

The residential rates include the City’s Admin Fee. The City is negotiating with a private hauler, and a future Council meeting will determine the rates.

The Solid Waste fund has a projected revenue per year of $5.8M. 

The study assumes inflation at 3 percent. Also, salaries and benefits would increase by 1.5 percent. 

The study proposed the rates to increase:

– Years 1 through 4: 10 percent per year

– Year 5: 4 percent 

The cost-of-service results assume the following:

  • 66 percent of revenue is Residential, and 34 percent is Commercial
  • Rates are 80 percent collection-related and 20 percent disposal-related

Proposed rates consist of Residential Basic Service ($21.98/month), Administrative Fee ($2.33/month), and AB 1383 Surcharge ($7.69/month), which totals $32.00/month.

Commercial 2 CY bin/1X week increases by 182 percent from $52.11 to $146.72/month. 

Procedural Requirements for the Prop. 218 Protest Ballot Procedure (Water, Sewer, and Solid Waste):

1. Send Notice of Public Hearing to all customers/property owners

2. Hold Public Hearing 45-days after mailing notices

3. If no majority protest (50 percent + 1), new rates can be adopted (not storm drain rates)

The Council (7-0) unanimously approved the D-1 recommendations.

In public comment, DJ Becker asked if the rate studies considered the drought situation and how new development will affect rates. 

Highstreet clarified that new development would increase demand yet spread costs. 

D-2 Amending the Municipal Code to Remove the Superseded Section Relating to the Appointment Process for Members of the Civil Service Commission 

Historically, the City of Madera Municipal Code contained an appointment process specific to the Civil Service Commission.

The City Council recently approved an ordinance that defines the appointment process and term of office for all City boards, committees, and commissions.

Staff recommends deleting superseded sections specific to the Civil Service Commission appointment as it is no longer applicable. 

The Council (7-0) unanimously approved an ordinance amending §2-2.303 of Title II of the Madera Municipal Code relating to the Civil Service Commission.

D-3 Consultant Services Agreement with Blair, Church, and Flynn Consulting Engineers for Design Services for Shoulder Paving and Sidewalks 

Recommendation: 

1) Adopt a Resolution Approving a Consultant Services Agreement with Blair, Church, and Flynn Consulting Engineers, Inc. in the amount of $264,750 for Engineering Design Services for Shoulder Paving on Raymond Road – City Project R-37, Storey Road – City Project R-60, Pecan Avenue – City Project R-67, and Sidewalks on Schnoor Avenue – City Project R-58, and Washington School area – City Project R93; and 

2) Adopt a Resolution Approving Funding Amendment Appropriating $75,000 to the City of Madera Fiscal Year (FY) 2021/22 Capital Projects Budget for the Engineering Design Services for Shoulder Paving on Raymond Road – City Project R-37, Storey Road – City Project R-60, Pecan Avenue – City Project R-67, and Sidewalks on Schnoor Avenue – City Project R-58, and Washington School area – City Project R-93 

The City received Congestion Mitigation and Air Quality (CMAQ) Funds for shoulder paving and sidewalks at 5 locations.

The five projects are:

  • Shoulder paving on Raymond Road from Cleveland Avenue northeast to the City limits, City Project No. R-37
  • Sidewalks and access ramp upgrade on Schnoor Avenue from Sunset Avenue to the Fresno River to City Project No. R-58
  • Shoulder paving on Storey Road fronting Sunrise Rotary Sports Complex (formerly
  • Shoulder paving on Pecan Avenue at various locations from Pine Street to Highway 99, City Project No. R-67
  • Sidewalks and access ramps on Austin and Delvalle Avenues from E. Lincoln to Rush Street, near Washington School, City Project R-93

CMAQ-funded projects are subject to “use it or lose it” provisions under AB 1012. Delays in project delivery could result in the loss of CDBG funds to the region.

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

D-4 Contract Award for Groundwater Monitoring Well Installation services for the Wastewater Treatment Plant 

Recommendation: Adopt a Resolution Approving the Contract Award for Groundwater Monitoring Well Installation Services, WWTP Project No. 20-01, for $234,000 to Maggiora Brothers Drilling, Inc. 

In late 2018 the City contracted with Stantec Consulting Services to update the wastewater discharge permit from 7.0 MGD to 10.1 MGD (million gallons per day).

Current operations permit 7.0 MGD. WWTP is operating at just over 5.2 MGD on average.

Based on a study completed in 2019, current city population growth was 0.8 percent per year over the last decade.

Potentially, WWTP could be operating at over 7.0 MGD in the next 20 years.

The overall process can be costly, and wise to plan far in advance.

In 2019 the City submitted a Report of Waste Discharge (ROWD) to begin the permit renewal process officially.

Regional Board responded, requesting additional information for the WWTP is permitted to treat flows above 7.0 MGD.

The requested data would include groundwater information, impacts of WWTP on the groundwater, water balance (determine if ponds have enough capacity to store and percolate effluent, treated wastewater during a 100-year storm), and WWTP capacity assessment.

Task 1 consists of the following:

  • Seven of the eight groundwater monitoring wells (GMW) have been dry and non-operational since 2015, mainly due to the drought.
  • Strategy to repair or reconstruct current GMW.
  • Once created, the Regional Board would approve the plan.

Stantec assisted in soliciting and reviewing bids for repair and reconstruction of GMW (groundwater monitoring well).

Stantec completed the RFP process, and two bids were received to construct the well.

– Maggiora Brothers Drilling Inc.: $234,000

– Nor-Cal Pump & Drilling: $353,014

– Engineer’s opinion: $323,000

The 2021/22 capital projects budget covers project funding. Installation of up to 7 new watering wells will be $234,000. Price was 28 percent below estimated costs for well installation.

The Council (7-0) unanimously approved D-4

The meeting ended at 8:06 pm. On Wednesday, April 20, 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@fresnoland.org with “Correction Request” in the subject line.

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