Here’s what you need to know:
- The council approved a Restricted Grant Agreement with the California Department of Transportation for the Clean California Local Grant Program, totaling $832,350.
- The council (5-2) approved a new agreement with the California Department of Forestry and Fire Protection (CAL FIRE) for fire service operation from July 1, 2022, to June 30, 2023.
- City Manager Arnoldo Rodriguez named Kingsley Okereke as the Interim Finance Director.
- Since none of the zones of benefit under the Prop 218 process received a majority vote in favor, the Council (7-0) approved the diagrams and assessments in the Engineer’s Report, except Prop 218 assessments.
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, June. 1, 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, City Chief Dino Lawson, Daniel Foss from the Public Works Department, City Planner Gary Conte, Interim Finance Director Kingsley Okereke, Human Resources Administrative Analyst Eric Battles, Assistant Fire Chief Matthew Watson, Police Department Chief Dino Lawson, Jesus Villagomez, Mike Varlas, David Levin, and Aris Teves
Discussions/Actions
In public comment, a resident nearby Monocott Drive requested the Council for a traffic study in the hope of adding a “stoplight.”
He added that the drivers have made the Monocott Drive a “race track.”
City Manager Arnoldo Rodriguez named Kingsley Okereke as the Interim Finance Director.
First, the Council (7-0) unanimously approved B-1 to B-15 of the consent agenda.
The Council (7-0) agreed to move G-2 in closed session back to staff.
B-1 The Council (7-0) approved the City Council Minutes of December 15, 2021
B-2 The Council (7-0) approved the Informational Report on Register of Audited Demands for May 7, 2022, to May 20, 2022
Recommendation: No Action Required (Report by Kingsley Okereke)
B-3 Section 125 Flexible Benefits Plan Amendment
1) The Council (7-0) approved an Amendment to the City of Madera Flexible Benefits Plan; and
B-4 Sale of Two Police Canines
The Council (7-0) approved a Minute Order Authorizing the Sale of Two Police Canines for $1.00 each.
B-5 Three Easement Deeds for Sidewalk Improvements on Maple, Santa Cruz, and Monterey Streets City Project R-84
The Council (7-0) adopted a Resolution Approving Three Purchase and Sale of Real Property Agreements and Authorizing the City Clerk to prepare the Certificate of Acceptance and Record Three Easement Deeds (APN No. 012-096-006, 012-095-004, and 012-096-016)
B-6 Consultant Services Agreement with Madera Unified School District
The Council (7-0) approved a Minute Order Approving the Consultant Services Agreement with the Madera Unified School District (MUSD) for the Foster and Homeless/Families In Transition Enrichment Services Program not to exceed $40,000
B-7 Clean California Local Grant Program – Fresno River & Vernon McCullough River Trail Project
The Council (7-0) approved a Restricted Grant Agreement with the California Department of Transportation for the Clean California Local Grant Program and authorized the City Manager to Execute the Agreement for the Fresno River & Vernon McCullough River Trail Project, which totals $832,350.
The public hearings focused on the following:
C-1 Public Hearing to consider the proposed Annual Assessment for Zones of Benefit of the City-Wide Landscaping and Lighting Maintenance Assessment District and to Consider Increasing the Annual Assessment for Certain Zones of Benefit of the City-Wide Landscaping and Lighting Maintenance Assessment District as Required by the Landscaping and Lighting Act and Proposition 218
Staff recommended that the City Council take the following actions:
1) Conduct the public hearing and receive any public comments.
2) Direct the City Clerk to tabulate protests for Zones of Benefit for annual assessments and to tabulate ballots for proposed increases in annual assessments.
3) Adopt Resolution No. 22:14
a. Declaring the results of the Proposition 218 proceedings for certain Zones of Benefit 3, 7, 8, 9, 10A, 10D, 10G, 10H, 10I, 13, 14, 15B, 15C, 16, 17A, 17C, 17D, 20B, 21A, 23, 25C, 26, 26B, 26C, 26D, 27B, 28B, 31A, and 36B.
b. Confirming the diagram and assessments as outlined in said Engineer’s Report for the Landscape and Lighting District of the City of Madera, as the same may modify for Zones of Benefit 1, 2, 3, 4, 6-A, 6-B, 7, 8, 9, 10-A, 10-B, 10-C, 10-D, 10-E, 10-F, 10-G, 10-H, 10-I, 12, 13, 14, 15, 15-B, 15-C, 16, 17-A, 17-B, 17-C, 17-D, 18, 20-A, 20-B, 20-C, 21-A, 21-B, 21-C, 21-D, 23, 24, 25-C, 25-D, 26, 26-B, 26-C,26-D, 27, 27-B, 28, 28-B, 29, 29-B, 29-C, 29-D, 29-E, 30, 31-A, 31-B, 32-A, 32-B, 33, 34, 34-B, 34-C, 35, 36-A, 36-B, 36-C, 37, 39, 40, 41, 43-A, 43-C, 43-D, 43-E, 44, 45-A, 46, 50, and 51 of the City Wide Landscape and Lighting Assessment District.
c. Levying the assessments as outlined in the said report of the Engineer for the Fiscal Year 2022/2023
d. Authorizing and directing the City Engineer to file the diagram and assessments with the Madera County Auditor’s Office and to make any clerical corrections
In Zone 36B, the Assessment decreased to $990 ($99 per Dwelling Unit) dollars based on updated information regarding the number of trees in this zone and the cost to trim them.
Prop 218 votes are crucial since:
- Many older zones formed without an escalation clause. As a result, the city has no way to adjust assessments without using the Prop 218 process.
- Revenue and expenses are not always in sync; some zones have expenses that have outpaced assessments.
- Prop 218 votes requested when a zone would run a deficit in the upcoming Fiscal Year.
In public comment, David Levin from District 31-A argued that Prop 218 is a “gross mismanagement of funds.”
Aris Teves opposed the increase of assessments under Prop 218.
The Council observed a three-minute recess while the City Clerk counted the votes on Prop 218.
In the Prop 218 results, no votes prevailed in the following zones:
- Zone of Benefit 3 (41-25)
- Zone of Benefit 7 (21-14)
- Zone of Benefit 8 (29-10)
- Zone of Benefit 9 (14-4)
- Zone of Benefit 10A (5-0)
- Zone of Benefit 10D (7-0)
- Zone of Benefit 10G (10-1)
- Zone of Benefit 10H (17-1)
- Zone of Benefit 10I (2-2)
- Zone of Benefit 13 (8-2)
- Zone of Benefit 14 (19-6).
- Zone of Benefit 15B, (1-1)
- Zone of Benefit 15C, despite staff received 0 votes
- Zone of Benefit 16 (3-0)
- Zone of Benefit 17A (9-2)
- Zone of Benefit 17C (7-4).
- Zone of Benefit 17D (4-1)
- Zone of Benefit 20B, (5-2)
- Zone of Benefit 21A (8-3)
- Zone of Benefit 23 (1-0)
- Zone of Benefit 25C (6-3)
- Zone of Benefit 26 (4-1)
- Zone of Benefit 26B (7-2)
- Zone of Benefit 26C (3-2)
- Zone of Benefit 26D (3-0)
- Zone of Benefit 27B (10-3)
- Zone of Benefit 29B (2-2)
- Zone of Benefit 31A (17-4)
- Zone of Benefit 36B (10-0)
Since none of the zones of benefit under the Prop 218 process received a majority vote in favor, the Council (7-0) approved the diagrams and assessments in the Engineer’s Report, except Prop 218 assessments.
C-2 First Reading of an Ordinance Relating to the Police Department’s Use of Military Equipment Per Assembly Bill 481 (AB 481)
The Council (7-0) waived the full reading and introduced the Ordinance Adding Chapter 16 to Title III of the Madera Municipal Code (MMC).
On September 30, 2021, Gov. Newsom signed AB481 into law. The goal is to increase transparency, accountability, and oversight for acquisition and use of equipment.
AB 481 requires approval for continued use of the equipment and requires an annual report;
Madera Police District’s (MPD) first annual report will be for May 2023, which includes the use of equipment, maintenance and use cost, internal audits, and community feedback on use.
AB 481 seeks to create a public forum for input and engagement.
Funding for the equipment consists of the General Fund, Measure K, grants, and Department of Defense property transfer to Law Enforcement Agencies (1033 Program).
Equipment categories under AB 481 that MPD possesses are three drones, a robot, a command post vehicle, and breaching apparatuses.
MPD typically uses these types of equipment for SWAT operations and high-risk incidents.
D-1 Approval of a New Schedule “A” Agreement with the California Department of Forestry and Fire Protection (CAL FIRE) from July 1, 2022, to June 30, 2023, for Fire Service Operations
The Council (5-2) adopted a Resolution Approving a New Schedule “A” Agreement with the California Department of Forestry and Fire Protection (CAL FIRE) for fire service operation from July 1, 2022, to June 30, 2023.
Schedule “A” agreement with the California Department of Forestry and Fire Protection (CAL FIRE) would run from July 1, 2022, to June 30, 2023, for fire service operations.
This one-year agreement between the City of Madera and CAL FIRE is for $6.057.566.
The agreement covers the personnel for Fire Stations 56, 57, and 58.
This agreement includes an increase.
This increase is due to changes in Staff Benefit Rates:
- AB 84 (2020) temporarily lowered contributions for Fiscal Years 2019-20, 2020-21, and 2021-22
- The lower contribution represented a saving to Madera City for the last three years
- The City’s benefit of supplanting pension payments will drop off in Fiscal Years 2022-23
Retirement Benefit rates rose 20.41 percent, while Health/Dental/Vision rates fell 0.21 percent. All other categories are unchanged from the last fiscal year.
Due to constraints in funding other projects, Councilmember Gallegos opposed adding a second Battalion Chief.
Increases in Fire Department personnel’s wages correspond to increases in the minimum wage.
Administrative reports centered on:
E-1 Fresno River Cleanup Update
The city agreed with CA Conservation Corps to remove vegetation underneath the eight bridges; this commenced in late 2021.
City retained a 3rd party contractor to remove the trash. As of 2 weeks ago, the City removed approximately 137 tons of trash/debris.
Per State Orders, during COVID, the City could not relocate the homeless. Once lifted, the City started to remove trash around encampments.
From 2019 to 2021, substantial fires have increased at the bottom of the river.
Following a recent fire, the City received verbal consensus from Fish and Wildlife to remove vegetation to mitigate future fires.
The city will apply for an Emergency Permit for the following:
- Protecting Elderberry bushes and trees (trimming the base of trees to clean)
- Retaining a Geotechnical Engineer to inspect embankments
- Substantial trash removal
The Madera Irrigation District, Fire Department, Public Works, Parks, Police (Code Enforcement and Animal Control), third party trash removal, and third-party vegetation clearance have pursued the cleanup.
Challenges involve equipment such as stolen batteries, flat tires, and debris.
The City faces trash, encampments, lack of proper equipment, and blocked inlets.
City Manager Rodriguez stressed the importance of a long-term management plan with stakeholders and the implementation of the CA Clean Grant Program.
Chief Lawson announced that the police apprehended two individuals who planned to start a fire and issued arson charges.
Jesus Villagomez shared his concerns that the homeless use store carts to carry belongings.
Mike Varlas asked the Council for a dialogue with concerned residents.
The Council conducted a close session on the following, except G-2:
G-1 Conference with Legal Counsel – Existing Litigation Under Government Code §54956.9(d)(1): 1 case:
1) Oscar Garcia WCAB No. ADJ13541904
G-2 Liability Claim Under Section §54956.95 – Agency Claimed Against City of Madera
Claimants:
1) Randy Williams
2) Thomas Burns
3) Madera Police Officers’ Association
G-3 Conference with Real Property Negotiators under Government Code Section §54956.8
Property: Parcel #045-121-006 and Parcel #045-121-007
Agency Negotiators: Arnoldo Rodriguez, Daniel Foss, and Keith Helmuth
Negotiating Parties: Sordi and Sons Inc.
Under Negotiation: Price and Terms
The meeting ended at 9:45 pm. On Wednesday, June 15, 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.