HllU CllYlll
April 6, 2022
6:00p.m.
Item:
Minutes for:
Adopted:
Minutes of a Regular Meeting of the Madera City Council B-1
04/06/2022
08/03/2022
Council Chambers
City Hall
The Council Chambers was open to the public. This meeting was also available for public viewing and participation through Zoom. Members of the public were also able to observe the live streamed meeting on the City's website at www.madera.gov/live. Members of the public were able to comment on agenda items at the meeting or remotely through an electronic meeting via phone by dialing (669) 900-6833 enter ID: 832 4575 0984. Comments were also accepted via email at [email protected] or by regular mail at 205 W. 4th Street, Madera, CA 93637.
CALL TO ORDER: Meeting was called to order at 6:00 p.m.
ROLL CALL:
Present: Mayor Santos Garcia
Mayor Pro Tern Anita Evans, District 4
Councilmember Cece Gallegos, District 1
Councilmember Jose Rodriguez, District 2 (Arrived at 6:03 p.m .) Councilmember Steve Montes, District 3
Councilmember Elsa Mejia, District 5
Councilmember Artemio Villegas, District 6
Others present were City Manager Arnoldo Rodriguez, City Clerk Alicia Gonzales, City Attorney Hilda Cantu Montoy, City Engineer Keith Helmuth, Interim Director of Financial Services Anthony Forestiere, Fire Division Chief Matt Watson, Grants Administrator Marcela Zuniga, Human Resources Director Wendy Silva, Information Services Manager Mark Souders, Interim Parks Director Joseph Hebert, Planning Manager Gary Conte, Police Chief Dino Lawson, Interim Public Works Director Dan Foss, Deputy City Engineer Ellen Bitter, Senior Civil Engineer Steve Bettencourt, Assistant Planner Ricardo Olea, Finance Consultant Vicki Crow, Senior Planner Robert Smith, and Communication Specialist Joseph Carrello.
INVOCATION: Rabbi Paul Gordon, Congregation Beth Jacob
PLEDGE OF ALLEGIANCE: Councilmember Montes
APPROVAL OF AGENDA:
ON MOTION BY COUNCILMEMBER GALLEGOS AND SECONDED BY MAYOR PRO TEM EVANS, THE AGENDA AND DECIDING TO MOVE ITEM B-5 TO THE NEXT MEETING WAS APPROVED BY A 7 /0 VOTE.
NOES: NONE. ABSENT: NONE. ABSTAIN: NONE.
City of Madera
205 w. 4th Street
Madera, CA 93637
City Council Minutes
April 6, 2022
THE MOTION PASSED WITH THE FOLLOWING VOTE:
YES: 7- COUNCILMEMBER GALLEGOS
COUNCILMEMBER RODRIGUEZ
COUNCILMEMBER MONTES
MAYOR PRO TEM EVANS
COUNCILMEMBER MEJIA
COUNCILMEMBER VILLEGAS
MAYOR GARCIA
PUBLIC COMMENT:
The first 15 minutes of the meeting are reserved for members of the public to address the Council on items which are within the subject matter jurisdiction of the Council. Speakers shall be limited to three minutes.
Speakers will be asked, but are not required, to identify themselves and state the subject of their comments. If the subject is an item on the Agenda, the Mayor has the option of asking the speaker to hold the comment until that item is called. Comments on items listed as a Public Hearing on the Agenda should be held until the hearing is opened. The Council is prohibited by law from taking any action on matters discussed that are not on the agenda, and no adverse conclusions should be drawn if the Council does not respond to public comment at this time.
Two community members spoke regarding garage sale signs. They stated that they were unaware they couldn't put signs on neighboring lawns even with the property owners permission. They asked about the garage sale rules and stated they had not seen anything about garage sales in the newsletter that is included in the utility bill. Mayor Garcia stated that Council couldn't address their concerns at that time as it was not on the agenda. He directed them to Police Chief Lawson who was in the back of the room and advised that Chief Lawson would be able to assist them.
No further Public Comment was presented. Public Comment was closed.
WRITTEN COMMUNICATIONS: None
PRESENTATIONS:
1. Department of Public Health Update on COVID-19 (Report by Madera County Public Health Department)
2. Proclamation Recognizing Pisk Family Celebration Day
3. Proclamation Recognizing the Month of April as Sexual Assault Awareness Month
4. Madera County Historical Society Certificate of Recognition INTRODUCTIONS: None
A. WORKSHOP: None
B. CONSENT CALENDAR:
Matters listed under the Consent Calendar are considered routine and will be enacted by one motion and one vote. There will be no separate discussion of these items. If discussion is desired, a member City of Madera
205 W. 4th Street
Madera, CA 93637
City Council Minutes
April 6, 2022
of the public or a member of the Council may request an item be removed from the Consent Calendar and it will be considered separately.
ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER GALLEGOS, THE CONSENT CALENDAR WAS APPROVED BY A 7/0 VOTE EXCEPT FOR ITEM B-1 WHICH WAS APPROVED BY A 6/1 VOTE. NOES: NONE. ABSENT: NONE. ABSTAIN: COUNCILMEMBER MEJIA ABSTAINED FROM ITEM B-1.
THE MOTION FOR ALL ITEMS EXCEPT B-1 PASSED WITH THE FOLLOWING VOTE:
YES: 7 - COUNCILMEMBER GALLEGOS
COUNCILMEMBER RODRIGUEZ
COUNCILMEMBER MONTES
MAYOR PRO TEM EVANS (ABSTAINED FROM ITEM B-1)
COUNCILMEMBER MEJIA
COUNCILMEMBER VILLEGAS
MAYOR GARCIA
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 Recommendation: This report is submitted for informational purposes only and there is no action from the City Council (Report by Arnoldo Rodriguez) B-4 Agreement with Prudential Overall Supply for Uniform Rental and Laundry Services Recommendation: Adopt a Resolution Approving an Agreement for Prudential Overall Supply to Provide Uniform Rental and Laundry Services to the City (Report by Daniel Foss)
RES 22-36 A RESOLUTION OF THE CITY COUNCIL OF MADERA, CALIFORNIA
APPROVING AN AGREEMENT WITH PRUDENTIAL OVERALL SUPPLY FOR
UNIFORM RENTAL AND LAUNDRY SERVICES
B-5 Madera Americans with Disabilities Act (ADA) Advisory Council Bylaws Recommendation: Adopt a Resolution Amending the Madera ADA Advisory Council Bylaws (Report by Wendy Silva)
This item was moved to the next meeting date.
City of Madera
205 w. 4th Street
Madera, CA 93637
City Council Minutes
April 6, 2022
B-6 Ratification of Revisions to COVID-19 Emergency Policy No. 2 Recommendation: Adopt a 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 (Report by Wendy Silva)
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 Recommendation: Waive Full Reading and Adopt 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 (Report by Alicia Gonzales) ORD 988 C.S. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA 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 DISTRICT BOUNDARIES
C. PUBLIC HEARINGS:
C-1 Torres Way General Plan Amendment (GPA 2021-01) and related Negative Declaration (ENV 2021-64)
City of Madera
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) (Report by Gary Conte)
ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER VILLEGAS, ITEM C-1 WAS APPROVED BY A 7 /0 VOTE. NOES: NONE. ABSENT: NONE.
ABSTAIN: NONE.
THE MOTION PASSED WITH THE FOLLOWING VOTE:
YES: 7-
RES 22-37
COUNCILMEMBER GALLEGOS
COUNCILMEMBER RODRIGUEZ
COUNCILMEMBER MONTES
MAYOR PRO TEM EVANS
COUNCILMEMBER MEJIA
COUNCILMEMBER VILLEGAS
MAYOR GARCIA
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA ADOPTING
THE INITIAL STUDY/NEGATIVE DECLARATION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT AND APPROVING THE AMENDMENT OF 205 w. 4th Street
Madera, CA 93637
City Council Minutes
April 6, 2022
THE GENERAL PLAN LAND USE DESIGNATION AT THE WEST SIDE OF
TORRES WAY BETWEEN WEST LINCOLN AVENUE AND WEST SOUTH
STREET FROM THE LD (LOW DENSITY) TO HD (HIGH DENSITY)
C-2 Rezone Property Located at 801 South Gateway
Recommendation: Conduct a Public Hearing, Make Necessary Findings, and 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 (Report by Gary Conte)
ON MOTION BY COUNCILMEMBER RODRIGUEZ AND SECONDED BY COUNCILMEMBER VILLEGAS, ITEM C-2 WAS APPROVED BY A 7 /0 VOTE. NOES: NONE. ABSENT: NONE.
ABSTAIN: NONE.
THE MOTION PASSED WITH THE FOLLOWING VOTE:
YES: 7-
INTRO ORD
COUNCILMEMBER GALLEGOS
COUNCILMEMBER RODRIGUEZ
COUNCILMEMBER MONTES
MAYOR PRO TEM EVANS
COUNCILMEMBER MEJIA
COUNCILMEMBER VILLEGAS
MAYOR GARCIA
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA
AMENDING THE OFFICIAL CITY OF MADERA ZONING MAP TO REZONE APPROXIMATELY 0.27 ACRES OF PROPERTY LOCATED AT 801 SOUTH GATEWAY DRIVE (APN: 011-111-005) FROM THE I - INDUSTRIAL TO THE C2 - HEAVY COMMERCIAL ZONE DISTRICT
D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS:
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 City of Madera
Recommendation: Staff recommends that the Council, after considering the information presented, 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 (Report by Anthony Forestiere)
ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER RODRIGUEZ, ITEM 0-1 WAS APPROVED BY A 7 /0 VOTE. NOES: NONE. ABSENT: NONE.
ABSTAIN: NONE.
205 W. 4th Street
Madera, CA 93637
City Council Minutes
April 6, 2022
THE MOTION PASSED WITH THE FOLLOWING VOTE:
YES: 7-
RES 22-38
COUNCILMEMBER GALLEGOS
COUNCILMEMBER RODRIGUEZ
COUNCILMEMBER MONTES
MAYOR PRO TEM EVANS
COUNCILMEMBER MEJIA
COUNCILMEMBER VILLEGAS
MAYOR GARCIA
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,
CALIFORNIA, ACCEPTING THE RATE STUDY RELATING TO WATER, SEWER, STORM DRAINAGE AND SOLID WASTE; AUTHORIZING REQUIRED
ACTIONS UNDER PROPOSITION 218; AND SETTING A PROPOSITION 218
PUBLIC HEARING DATE TO CONSIDER RATE INCREASES
D-2 Amending the Municipal Code to Remove the Superseded Section Relating to the Appointment Process for Members of the Civil Service Commission City of Madera
Recommendation: Waive further reading and introduce an ordinance amending §2-2.303 of Title II of the Madera Municipal Code relating to the Civil Service Commission (Report by Wendy Silva)
ON MOTION BY COUNCILMEMBER GALLEGOS AND SECONDED BY COUNCILMEMBER MONTES, ITEM D-2 WAS APPROVED BY A 6/1 VOTE. NOES: NONE. ABSENT:
COUNCILMEMBER RODRIGUEZ. ABSTAIN: NONE.
THE MOTION PASSED WITH THE FOLLOWING VOTE:
YES: 6- COUNCILMEMBER GALLEGOS
COUNCILMEMBER MONTES
MAYOR PRO TEM EVANS
COUNCILMEMBER MEJIA
COUNCILMEMBER VILLEGAS
MAYOR GARCIA
ABSENT: 1 - COUNCILMEMBER RODRIGUEZ
INTRO ORD AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA AMENDING SECTION 2-2.303 OF TITLE II, CHAPTER 2 OF THE
MADERA MUNICIPAL CODE RELATING TO THE CIVIL SERVICE
COMMISSION
205 w. 4th Street
Madera, CA 93637
City Council Minutes
April 6, 2022
D-3 Consultant Services Agreement with Blair, Church, and Flynn Consulting Engineers for Design Services for Shoulder Paving and Sidewalks
City of Madera
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 (Report by Keith Helmuth)
ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER VILLEGAS, ITEM D-3 (1 & 2) WAS APPROVED BY A 7 /0 VOTE. NOES: NONE. ABSENT: NONE.
ABSTAIN: NONE.
YES: 7 - COUNCILMEMBER GALLEGOS
COUNCILMEMBER RODRIGUEZ
COUNCILMEMBER MONTES
MAYOR PRO TEM EVANS
COUNCILMEMBER MEJIA
COUNCILMEMBER VILLEGAS
MAYOR GARCIA
RES 22-39
RES 22-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,
CALIFORNIA APPROVING A CONSULTANT SERVICES AGREEMENT WITH
BLAIR, CHURCH AND FLYNN CONSULTING ENGINEERS, INC IN THE AMOUNT OF $264,750.00 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 R-93
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, 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 R60, AND SIDEWALKS ON SCHNOOR AVENUE - CITY PROJECT R-58, AND WASHINGTON SCHOOL AREA - CITY PROJECT R-93
20S W. 4th Street
Madera, CA 93637
City Council Minutes
April 6, 2022
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, in the amount of $234,000 to Maggiora Brothers Drilling, Inc. (Report by Daniel Foss)
ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER GALLEGOS, ITEM D-4 WAS APPROVED BY A 7 /0 VOTE. NOES: NONE. ABSENT: NONE.
ABSTAIN: NONE.
YES: 7-
RES 22-41
COUNCILMEMBER GALLEGOS
COUNCILMEMBER RODRIGUEZ
COUNCILMEMBER MONTES
MAYOR PRO TEM EVANS
COUNCILMEMBER MEJIA
COUNCILMEMBER VILLEGAS
MAYOR GARCIA
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,
CALIFORNIA, APPROVING THE AWARD OF THE CONTRACT FOR THE
CONSTRUCTION OF GROUNDWATER MONITORING WELLS AT THE
WASTEWATER TREATMENT PLANT PROJECT NO. 20-01 TO MAGGIORA BROTHERS DRILLING INC., IN THE AMOUNT OF $234,000 AND
AUTHORIZING CONSTRUCTION CONTINGENCIES RELATING TO THE
CONTRACT
E. ADMINISTRATIVE REPORTS: None
F. COUNCILMEMBER REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS:
This portion of the meeting is reserved for the Mayor and Councilmembers (i) to make brief reports on boards, committees, and other public agencies, and at public events, (ii) to request updates, (iii) to initiate future agenda items., and (iv) to take action on matters initiated under this section of the agenda. Under this section the Council may take action only on items specifically agendized and which meet other requirements for action.
Councilmember Gallegos mentioned a ribbon cutting for Fire Station 58 that took place on March 30th and thanked the Police and Fire Departments for their participation in making it a successful event. She also mentioned the Lion's Club Annual 100th Anniversary 5k Run that took place April 2nd and stated that Madera Police Department Lieutenant Arnold's son finished in first place.
Councilmember Rodriguez thanked the community for attending the ribbon-cutting for Station 58 and thanked Chief Watson for hosting the event. He stated that he was in agreement with item D2.
City of Madera
205 W. 4th Street
Madera, CA 93637
City Council Minutes
April 6, 2022
Councilmember Montes thanked the community for attending the Station 58 ribbon cutting. He mentioned some of the construction projects taking place in the community and thanked Staff for their efforts in making these improvements
Mayor Pro Tern Evans thanked the community for attending the Station 58 ribbon cutting. She mentioned the ribbon cutting for Boot Barn that took place April pt and welcomed them to Madera.
Mayor Pro Tern Evans encouraged those in attendance and the community to follow COVID-19 guidelines concerning vaccinations.
Councilmember Mejia had nothing to report.
Councilmember Villegas had nothing to report.
Mayor Garcia thanked everyone in attendance and thanked Staff for a job well done.
G. CLOSED SESSION: None.
ADJOURNMENT: The meeting was adjourned at 8:06 p.m.
CONSISTENCY WITH THE VISION MADERA 2025 PLAN
Approval of the minutes is not addressed in the vision or action plans; the requested action is also not in conflict with any of the actions or goals contained in that plan. . {ld.&,,1 ~ )
NUTES PREP'~
ZELDA LEON, Deputy City Clerk
City of Madera
20S W. 4th Street
Madera, CA 93637
City Council Minutes
April 6, 2022