April 19, 2023 — Madera City Council
Documented by Josef Sibala
Here’s what you need to know:
- During the April 19 meeting, the council adopted a resolution approving a cooperative purchase agreement with Superior International Industries for McNally Park amenities and play equipment for $213,123.18.
- The council adopted a resolution waiving the rental fees of Rotary Park relating to the Farmers Market 2023 Summer Season for $2,040 for 16 events. Gallegos and Rodriguez voted no on the resolution.
- Sarah Martinez asked the council to support SB 227, which will give a “safety net” for undocumented workers. The council directed the city manager to write a letter of support for SB 227 and the council to create a resolution to support the legislation. Gallegos abstained.
- The council adopted a resolution approving the revision of the city’s transit plan. The revision includes an additional transfer point at the Madera County Complex at Tozer Avenue and Avenue 14.
- When will the city and Superior International Industries finish McNally Park improvements?
- How can low-income residents avail themselves of produce at the Farmers Market 2023 event?
- What will be the effect of the revisions of the transit plan on residents?
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 council, including the mayor, serve four-year terms.
The meeting was in person on Wednesday, April 19, 2023, at 6 p.m., and accessible via YouTube.
- Mayor Santos Garcia
- Mayor Pro Tem Elsa Mejia, District 5
- Council member Cece Gallegos, District 1
- Council member Jose Rodriguez, District 2
- Council member Steve Montes, District 3
- Council member Anita Evans, District 4
- Council member Artemio Villegas, District 6
- City Manager Arnoldo Rodriguez
- City Clerk Alicia Gonzales
- City Attorney Hilda Cantu Montoy
- Public Health Director Sara Bosse
- City Engineer Keith Helmuth
- Suleman Javaid of Madera Food Bank
- Sarah Rodriguez
First, the council (7-0) unanimously approved B-1 to B-10 of the consent agenda.
B-1 Minutes – Feb. 15, 2023, March 1, 2023, and March 20, 2023
The council approved the City Council minutes of Feb. 15, 2023, March 1, 2023, and March 20, 2023 (Report by Alicia Gonzales).
B-2 Informational report on the register of audited demands.
The council reviewed the register of audited demands report for March 25, 2023, to April 7, 2023 (report by Anthony Forestiere).
B-3 Informational report on personnel activity (report by Wendy Silva).
B-4 Informational report on contract city attorney services and litigation expenditures (report by Arnoldo Rodriguez).
B-5 Local State of Emergency related to the closure of Madera Community Hospital.
The council adopted a resolution continuing to support Madera County’s proclamation of a local emergency due to the closure of Madera Community Hospital for 30 days (Report by Arnoldo Rodriguez).
B-6 Letter of support for Assembly Bill 412 as introduced by Assemblywoman Esmeralda Soria, D-Merced, (report by Arnoldo Rodriguez).
B-7 Facility use agreements with Madera Unified School District
The council adopted a resolution authorizing the city manager to execute no-fee facility use agreements for the city’s use of Madera Unified School District facilities (Report by Wendy Silva).
B-8 Adoption of the updated city of Madera full-time salary schedule.
The council adopted a resolution approving the revised city of Madera full-time salary schedule reflecting a 2% cost-of-living adjustment for the city manager job classification (Report by Wendy Silva).
B-9 Second reading and adoption of an ordinance repealing outdated Section 10-3.419 of the Madera Municipal Code, telecommunications, towers, antennas and structures (OTA 2022- 02).
The council waived the full reading and adopted a regulatory ordinance (i) repealing Section 10-3.419 of Title X, Chapter 3 of the Madera municipal code relating to telecommunications towers, antennas and structures and (ii) finding the ordinance is not a project subject to the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15378, and alternatively, exempt from CEQA under CEQA Guidelines Section 15061(b)(3) (Common Sense) (Report by Will Tackett).
B-10 California Automated Permit Processing (CalAPP) Program grant application.
The council adopted a resolution authorizing the submission of the grant application to the California Energy Commission (Report by Will Tackett).
The public hearings focused on the following:
C-1 Adoption of the 2022 California Building, Plumbing, Mechanical, Electrical, Fire, Residential, Energy and Green Building Standards Codes.
The council introduced an ordinance of the Madera City Council adopting the 2022 California Building, Plumbing, Mechanical, Electrical, Fire, Residential, Energy and Green Building Standards Codes, including Appendix P of the California Building Code and Appendix Z of the California Residential Code, by Repealing Chapter 1 of Title IX, and Adding Chapter 1 of Title IX of the Madera Municipal Code Ordinance, with the Associated CEQA Findings (Report by Will Tackett)
Under petitions, bids, resolutions, ordinances and agreements:
D-1 McNally Park amenities and play equipment purchases
The council (5-2) adopted a resolution approving a cooperative purchase agreement with Superior International Industries for McNally Park amenities and play equipment for $213,123.18 (Report by Joseph Hebert). Gallegos and Rodriguez voted no on the resolution.
The council adopted a resolution waiving the rental fees of Rotary Park relating to the Farmers Market 2023 Summer Season for $2,040 for 16 Events (Report by Joseph Hebert).
Community Development Block Grant (CDBG) fiscal year 2022/23 allocation of $609,307 for
Improvements planned include replacing park amenities, such as playground benches, trash receptacles and drinking fountains and reconstructing the basketball court area.
On June 15, 2022, the council approved two tentative Community Development Block Grant Capital Projects/Public Improvements allocations for the city, each for $25,000. The remaining balance is $609,307.
On July 20, 2022, the council approved allocating the remaining $609,307 to the McNally Park Project for rehabilitation and improvements.
On Feb. 15, 2023, the council approved a resolution approving the city’s allocation of CDBG funds towards McNally Park, as this still needed to be formally approved by council. On December 21, 2022, Council approved Ordinance 996 C.S. amending city’s municipal code, adding Title II Purchasing Procedures.
The ordinance allows the city to utilize cooperative purchasing procedures through the city manager to purchase supplies, equipment or services without completing the city’s bidding or proposal process.
Any supplier who previously offered to another public agency as the lowest bidder under the competitive bidding or proposal process required by that other public agency is considered.
After reviewing the available purchase options, staff considered the need to expend a significant amount of CDBG funds by June 30, 2023. Using a cooperative purchase agreement represented the most profitable purchasing strategy. Not utilizing a cooperative purchase agreement would have substantially extended the procurement process and lead times.
On March 6, 2023, the city released a request for bids using the cooperative agreement process on CompareCoops.com, a site that caters to vendors that exclusively have cooperative contracts.
On March 24, 2023, the city ended bid solicitations. Two were received, with one being incomplete. Superior International Industries‘ quote of $213,123.18 was chosen.
The company will provide benches, trash bins, picnic tables, BBQ grills, Adults with Disabilities Act and pet water fountains, playground equipment for ages 2-5 and ages 5-12.
D-2 Request to waive rental fees for Rotary Park for the Farmers Market between June 1 and Sept. 14.
The council (5-2) adopted a resolution waiving the rental fees of Rotary Park relating to the Farmers Market 2023 Summer Season for $2,040 for 16 events (Report by Joseph Hebert.
Gallegos and Rodriguez voted no on the resolution.
Madera Coalition for Community Justice (MCCJ) requests the city waive rental fees for Rotary Park Picnic Area 1 from June 1 through Sept. 14 to host a Farmers Market.
MCCJ stepped in to continue the event, as the now-closed Madera Community Hospital last oversaw it through its nonprofit foundation.
MCCJ has applied for Market Match funding.
Expecting funding to cover basic event necessities and planning components such as functional materials, supplies, advertisement, permits, farmer recruitment and staffing.
Should MCCJ not be awarded funding, sponsorships and fundraising would need to be secured.
Benefits of a farmers market include but are not limited to:
- Increased local access to affordable, healthy food.
- Continued support of SNAP and WIC voucher redemptions.
- Fresh, local produce is picked and eaten at the height of ripeness.
- Support for local farmers.
- Support of local agencies and organizations through resource booths.
- Buying local food protects the environment by reducing energy consumption and miles traveled, getting produce from farm to table.
In 2022, the event drew more than 150 visitors weekly. The event must meet rental insurance, permit and certification requirements.
The city would become a sponsor of the event, with the city logo incorporated into promotional materials and the city highlighting events on various platforms.
Rotary Park was chosen since it was near Highway 99, had adequate parking and was favorable to farmers.
Rodriguez asked Suleman Javaid of the Madera Food Bank whether community block grants could fund the events. He sought staff to craft a policy regarding funding events.
Gallegos said that waiving fees must undergo a process.
D-3 Rescind Resolution No. 23-05 with a revision to amend and reapportion $788,703 of the remaining Public Transportation Modernization, Improvement and Service Enhancement Account Program (PTMISEA) grant funds to the required Correction Action Plan (CAP) for eligible capital projects within the City Transit and Fleet Maintenance Section.
1) The council (7-0) approved the amendment to rescind Resolution No 23-05: and
2) The council (7-0) approved the submission of a CAP to the Department of Transportation (DOT) to reappropriate $788,703 of the remaining $868,703 PTMISEA Funds for other eligible capital projects within the City Transit and Fleet Maintenance Section; and
3) The council (7-0) approved the retention of $80,000 for the completion of necessary improvements to the Madera Transit Center (Report by Anthony Forestiere).
The Public Transportation Modernization, Improvement and Service Enhancement Account Program (PTMISEA) was created by Proposition 1B, the Highway Safety, Traffic Reduction, Air Quality and Pot Security Bond Act of 2006.
Of the nearly $20 billion available to transportation, $3.6 billion was allocated to the public transportation modernization program to be available to transit operators over 10 years.
On Jan. 18, the council adopted Resolution No. 23-05 approving the submission of a CAP to the Department of Transportation (DOT) authorizing the use of the remaining $836,556 PTMISEA Funds for other eligible capital projects within the City Transit and Fleet Maintenance Section.
While the CAP was under review, DOT informed the city of the required revisions.
D-4 Madera Transit Plan – Fixed Route System Revision
The council (7-0) adopted a resolution approving the revision of the city’s Transit (Madera Metro) Fixed Route System.
During the April 21, 2021, council meeting, WSP USA, Inc (consultant) was awarded the service agreement valued at $100,000 for developing the Madera Transit Plan – Service Assessment (MTP).
Phase One of the project concluded with the following adopted by the council on Sept. 21, 2022:
Phase Two focused on redesigning and restricting the Transit System through Public Outreach.
MTP revised to include an additional transfer point at the Madera County Complex at Tozer Ave. and Avenue 14. This will allow residents in the southeast area to connect and gain access to Route 3 – “Green Line,” which provides service to Madera Community College.
Route 3 – “Green Line” serves the Avenue 12 corridor and ends at Madera Community College. Upon its relocation, the proposed Route 4 – “Blue Line” will be modified to end in city limits.
MTP updated to allow Route 2 – “Orange Line” to connect to the Rancho San Miguel shopping center. This route serves residents of southeast Madera.
D-5 Declaration of surplus property and approval of piggyback purchase agreement for paint striping truck
The council (7-0) adopted a resolution declaring the city’s paint striper as surplus and authorizing its use as a trade-in for a new unit, and approving piggybacking off of Sourcewell Contract No. 080521-EZL for a net cost of $229,039 (Report by Jamie Hickman).
Paint striper is used to paint road markings. The city’s paint striper was purchased in 2007.
The striper has reached its end of life, as continual repairs are too costly. Air quality regulations require that the city retire it.
EZ Liner specializes in manufacturing and selling road-striping equipment.
A new striper is anticipated to cost $287,732, while staff anticipates receiving $45,000 for the trade-in value of the existing striper.
Piggybacking off Sourcewell contract 080521-EZL would result in a further $13,693 discount.
D-6 Public hearing relating to the formation of Underground Utility District No. 20 located at Yosemite Avenue and Elm Street
1) The council conducted the public hearing;
2) The council made a finding that Underground Utility District No. 20 is exempt from CEQA Analysis under Class 2 Categorical Exemptions, California Code of Regulations, Title 14, Division 6, Chapter 3, Section 15302.d; and
3) The council (7-0) adopted a resolution making findings of public necessity, health, safety and welfare and establishing Underground Utility District No. 20 in designated real property between Yosemite Avenue and Elm Street.
Madera Municipal Code Title III, Chapter 8 – Adopted by the City Council in 1968, allows for creation of Underground Utility Districts (UUDs).
Pacific Gas & Electric (PG&E) facilitates UUDs through a Rule 20A. Rule 20A is a combined initiative through the city of Madera, PG&E, cable and telecommunications companies.
The presentation is being conducted to determine the necessity of forming the UUD. Qualifying reasons include:
- Undergrounding will eliminate a heavy concentration of overhead electric facilities
- The public extensively uses street rights-of-way and carries a heavy volume of pedestrians or vehicle traffic
- Street rights-of-way pass through a civic area or public recreation area or other area of unusual scenic interest
PG&E will perform the project design and coordinate with the telephone and cable companies. It will schedule construction and coordinate with the city on installation.
Adjacent properties utilizing lines to be undergrounded will have existing connection points for services converted. Conversations with the property owners will be coordinated with PG&E and the city.
The current allocation of PG&E Rule 20A work credits is $465,510. The previous year it was $510,128. The gap is only expected to increase, as the city would be well down on the list of projects to be completed.
PG&E Electric Rule 20A Program allocates funds annually for undergrounding power poles, overhead utility wires and above-ground facilities.
Allocations have essentially ceased in the last few years
Cable and telecommunications companies are also obligated to underground their overhead facilities once the underground district is formed
PG&E, cable and telecommunication companies use allocated funds to implement the undergrounding. Thus, there is no impact on the city’s general fund.
Administrative reports centered on:
E-1 Emergency Repairs to Avenue 13 Sewer Trunk Main at Granada Drive – Update 6
The original collapse occurred on Jan. 2 at Pecan Avenue and Granada Drive.
Staff hired Floyd Johnston Construction (FJC) to make emergency repairs on-site on Jan. 9. On Jan. 26, portholes revealed a void under the pavement southeast side of the tracks.
The final striping will be on Friday, April 21. Also, the Granada Drive pavement will be addressed with a future Capital Improvements Project (CIP) pavement repair project. Projected costs are $2.7 million.
E-2 Informational report regarding Senate Bill 227
At its April 5 meeting, the council requested that staff assign the item for future discussion.
The state’s employment insurance program is jointly funded by the federal government, which prohibits undocumented workers from working illegally and therefore excludes them from drawing from unemployment benefits.
Approximately 1.6 million undocumented workers who pay taxes into such programs are exempt from benefits.Existing law authorizes the Employment Development Department (EDD) to pay out unemployment compensation benefits to eligible candidates.
EDD is prohibited from paying out benefits for work performed by a person who is not a citizen or national of the United States unless said person is a lawful permanent resident or working lawfully under a work permit or other applicable provision.
Sen. Maria Elena Durazo, D-Los Angeles, introduced Senate Bill (SB) 227, creating a separate fund to provide these benefits to eligible undocumented workers.
SB 227 would:
- Provide up to $300 a week for each week of unemployment up to 20 weeks.
- Require applicants to prove they worked at least 93 hours or earned a minimum of $1,300 within three months of the last 12-month period.
- The maximum benefit under the state unemployment program is $450 per week, with the average payment being $330 weekly.
The EWP would be in effect for two years, after which an evaluation will be made for a permanent establishment.
City Attorney Hilda Cantu Montoy suggested the council discuss the item at a future meeting date.
A gentleman who did not give his name urged the council to support SB 227 to help alleviate conditions for undocumented workers. Sarah Martinez asked the council to support SB 227, which will give a “safety net” for undocumented workers.
Council member Rodriguez said that the role of undocumented workers must be recognized. He said that the pilot program would benefit California. Mejia suggested a letter of support for the legislation.
The council (6-0) directed the city manager to write a letter of support for SB 227 and the council to create a resolution to support the legislation. Gallegos abstained.
The meeting ended at 9:36 p.m. The next regular meeting will be on Wednesday, May 3 at 6 p.m.
If you believe anything in these notes is inaccurate, please email us at firstname.lastname@example.org with “Correction Request” in the subject line.