Item: Minutes for: Adopted: B-1 10/02/2024 10/30/2024 TheGtyof MADERA VALLEYCENTBAL Minutes of al Regular Meeting oft the Madera City Council and Special Meeting of the Madera City Council as the Groundwater Sustainability Agency October 2, 2024 6:00p p.m. Council Chambers City Hall The Madera City Council meetings are open to the public. This meeting will also be available for public viewing and participation through Zoom. Members of the public may also observe the live-streamed meeting on the City'swebsite: aty www.maderagov/lve. Members of the public may comment on agenda items att the meeting or remotelyt through an electronici meeting via phone by dialing/(669/90-6833: enter ID: 873 87560 0010#. Comments willa also be accepted via email at cfvycounclpubicommente@madera,ox or by regular mail at 205 W. 4th Street, Madera, CA 93637. CALLTOORDER: Meeting was called to order at 6:00 p.m. ROLL CALL: Present: Mayor Santos Garcia Mayor Pro Tem Cece Gallegos, District 1 Councilmember. Jose Rodriguez, District 2 (Arrived @ 6:04p p.m.) Councilmember Steve Montes, District3 Councilmember Anita Evans, District 4 Councilmember Elsa Mejia, District 5 (Attended via Zoom. Left @6:25p.m.) Councilmember Artemio Villegas, District6 6 Others present were City Manager Arnoldo Rodriguez, City Clerk Alicia Gonzales, City Attorney Shannon L. Chaffin, City Engineer Keith Helmuth, Community Development Director Will Tackett, Director of Financial Services MichaelLima, Fire Battalion Chief Ralph Duran, Omcdedlmomtenicdnoe, Gary Price, Chief of Police Giachino Chiaramonte, Public' Works Director Ismael Hernandez, Program Manager (Grants) Xochilt' Villasehor, Administrative Analyst! (Parks Dept.) Gabriela! Salazar, Administrative Analyst I(HR) Eric Battles and Communication Specialist Joseph Carrello. INVOCATION: Jim Garrison, United Methodist Church PLEDGE OF ALLEGIANCE: Councilmember Villegas interested in participating that way. None was requested. Mayor Garcia announced that a Spanish translator and translation equipment was available for anyone ON MOTION BY COUNCILMEMBER: EVANS AND SECONDED BY COUNCILMEMBER VILLEGAS, THE AGENDA AMENDED TO MOVE SECTION FTO FOLLOW THE CONSENT CALENDAR WAS APPROVED UNANIMOUSLY APPROVAL OF AGENDA: BY A7/0VOTE. YES:7- THE MOTION PASSED' WITH THE FOLLOWING VOTE: MAYOR PRO TEM GALLEGOS COUNCILMEMBER RODRIGUEZ COUNCILMEMBER MONTES COUNCILMEMBER EVANS COUNCILMEMBER MEJIA COUNCILMEMBER VILLEGAS MAYOR GARCIA PRESENTATIONS: 1. Proclamation Recognizing Indigenous People Day 2. Proclamation Recognizing Breast Cancer Awareness Month 3. Proclamation Recognizing Disability Awareness Month 4. Proclamation Recognizing Domestic Violence Awareness Month 5. 4thofJulys Spectacular Sponsorship Recognition Mayor Garcia called for a recess at 6:40 p.m. Meeting resumed at 6:45 p.m. 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. Ifthes subject is an item on the Agenda, the Mayor has the option ofasking the speaker to hold the comment untilt that item is called. Comments oni items listed as al Public Hearing on the Agenda should be held until the hearing is opened. The Council is prohibited by lawj 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 City Clerk Alicia Gonzales announced that Councilmember Mejia left the meeting at 6:25 p.m. and since Vincent Paul Enriquez owner of Pablo Taxi spoke about Gold Taxi violations and his concerns which he stated haver noti fully been addressedi through Code Enforcement: andt thel Police Department. Mr. Enriquez stated he wants these issues resolved before end ofy year and that hei is int the process of suing thel Police Department and Claudial Mendoza (Neighborhood Preservation Supervisor). He handed some pictures to Lynette Cortes Howden, a resident of Madera expressed disappointment with members of the Council including Mayor Garcia and Councilmember Rodriguez for giving public comment at the SECD Board of Trustees metingyesterdaywtinout being properlyi informed. She askedt that Council, includingt thel Mayor refraint from making publice endorsements or statement without proper discussion or directives fromi their constituents. She is certain Council has enough issues to address that are within the scope of their jurisdiction. Mayor Garcia asked that Ms. Howden provide her contact information to City Clerk Alicia respond to public comment at this time. there is no Councilmember on Zoom, iti is no longer required to take roll call votes. the City Clerk. Gonzales. A. B. No further Public Comment was presented. Public Comment was closed. PUBLICI HEARINGS: None CONSENT CALENDAR: City of Madera 205 W.4 4th Street Madera, CA 93637 City Council Minutes October 2, 2024 Page2of8 Matters listed under the Consent Calendar are considered routine and will be enacted by one motion ando one vote. There will be no separate discussion oft these items. Ifdiscussioni is desired, ar member oft the public or a member of the Council may request an item be removed from the City Clerk Alicia Gonzales informed Council that Item B-6 has updated recommendations and ON MOTION BY MAYOR PRO TEM GALLEGOS AND SECONDED BY COUNCILMEMBER EVANS, THE CONSENT CALENDAR WITHTHE NEW RECOMMENDATIONS FOR ITEME B-6WAS APPROVED Recommendation: Approve the City Council Minutes of September 4, 2024 and September Recommendation: Review Register of Audited Demands Report for September 7, 2024 to B-3 Receipt of $352,938.44 to reimburse the City for January 2023 Winter Storm emergency Consent Calendar and it will be considered: separately. seeks approval of ther recommendations as seen on the staff report. BYA6/0VOTE. ABSENT: COUNCILMEMBER MEJIA. B-1 Minutes = September 4, 2024, September 18, 2024 18, 2024 (Report by Alicia Gonzales) B-2 Informational Report on Register of Audited Demands September2 20, 2024 (Report by Michael Lima) bypass pumping (61 days +) Recommendation: Adopt a minute order accepting $352,938.44 in Federal and State funds as reimbursement under the Robert T. Stafford Disaster Relief and Emergency Assistance. Act and California Disaster Assistance Acti for City- incurred expenses to perform emergency bypass pumping fori the period beyond 60 days from the start of the California Severe Winter Storms, Flooding, Landslides, and Mudslides Event (Report by' Wendy Silva) B-4 Outdoor Recreation Legacy Partnership Program Grant Award for Tozer Park Recommendation: Adopt a Resolution Amending the City's Fiscal Year 2024/25 Budget Approving Related Revenue and Expenditure Line Items Related to the Outdoor Recreation Legacy Partnership Program Grant Award for Tozer A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA AMENDING THE CITY'S FISCAL YEAR 2024/25 BUDGET APPROVING RELATED REVENUE. ANDI EXPENDITURE LINE ITEMS RELATED TO THE OUTDOOR RECREATIONL LEGACYPARINERSHIP PROGRAM GRANT Park at $1,319,280 (Report by Joseph Hebert) RES24-151 AWARD FOR TOZER PARK AT $1,319,280 B-5 Matilda Torres High School Fee Waiver Request Recommendation: Adopt al Resolutionv waivingt the rentali fees of the. John Wells' Youth Center dance studio on 15 dates in October 20241 through January 2025, related to the Matilda Torres High School Competition Dance/Pom Team in preparation for regional and national competitions, at an anticipated fee A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA WAIVING THE RENTAL FEES OF THE JOHN WELLS YOUTH CENTER DANCE STUDIO ON 15 DATES IN OCTOBER 2024 THROUGH rental of $1,025 (Report by Joseph Hebert) RES24-152 City of Madera 205 W.4 4ths Street Madera, CA 93637 City Council Minutes October 2, 2024 Page 3of8 JANUARY 2025, RELATED TO THE MATILDA TORRES HIGH SCHOOL COMPETITION DANCE/POM TEAM, AT AN ANTICIPATED FEE RENTAL OF $1,025 B-6 Motorola Service Provider Agreement The recommendations below are the updated recommendations as seen on the: staff report. Recommendation: Adopt Resolutions: 1. Approving Service Agreement, Cybersecurity Online Terms Acknowledgement, and Cyber Subscription Renewals and Integrations Addendum With Motorola Solutions, Inc. for support and maintenance of the Police Department's Verint Dispatch call logging system in the amount of $9,399.78 with a 10 percent 2. Approving Motorola Master Customer Agreement, Cybersecurity Online Terms Acknowledgement, Cyber Subscription Renewals and Integrations Addendum, Mobile' Video Addendum, and Subscription Software Addendum fori the upgrade, support, and maintenance of Motorola! Solutions, Inc. Redactive software int the amount of $2,700 RESOLUTION OFTHE CITY/COUNCILOFTHECIYOFMADERAAPPROVING SERVICE AGREEMENT, CYBERSECURITY ONLINE TERMS ACKOWLEDGEMENT, AND CYBER SUBSCRIPTION RENEWALS AND INTEGRATIONS ADDENDUM WITH MOTOROLA SOLUTIONS, INC. FOR SUPPORT AND MAINTENANCE OF THE POLICE DEPARTMENT'S VERINT DISPATCH CALLI LOGGING! SYSTEM IN THE MOUNTOIS.3PIEWIRA A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA APPROVING MOTOROLA MASTER CUSTOMER AGREEMENT, CYBERSECURITY ONLINE TERMS ACKOWLEDGEMENT, CYBER SUBSCRIPTION RENEWALS AND INTEGRATIONS ADDENDUM, MOBLIE VIDEO ADDENDUM, AND SUBSCRIPTION SOFTWARE ADDENDUM FOR THE UPRAGDE, SUPPORT, AND MAINTENANCE OF MOTOROLA SOLUTIONS, INC. REDACTIVE! SOFTWARE IN THE. AMOUNT OF$ $2,700 contingency for applicable taxes (Report by Giachino Chiaramonte) RES24-153 10 PERCENT CONTINGENCYI FORAPPLICABLETAXES RES24-154 B-7 Request to Waive City Fees Relating to the Downtown Christmas Parade Recommendation: Adopt al Resolution Waiving the Fees to Cover the Costs of Police, Public Works, Parks, and Engineering Services Relating to the Downtown Christmas Parade in the Amount of $2,956 (Report by Giachino ARESOLUTION OF THE CITY COUNCIL OF THE CITY OFI MADERA WAIVING THE FEES TO COVER COSTS OF POLICE, PUBLIC WORKS, PARK AND ENGINEERING SERVICES RELATING TO THE DOWNTOWN CHRISTMAS PARADE FOR MADERA DOWNTOWN ASSOCIATION AND MADERA Chiaramonte) RES24-155 EVENING LIONS IN THE AMOUNT OF $2,956 City of Madera 205 W. 4th Street Madera, CA 93637 City Council Minutes October 2,2024 Page4 4of8 B-8 Amendment No.4 4to Agreement with GHD, Inc. for Professional Engineering: Services Relating to the Lake Street, 4th Street, and Central Avenue Intersection Recommendation: Adopt a Resolution Approving Contract Amendment No. 4 for Professional Engineering Services for $45,738 (Report by Keith Helmuth) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, APPROVING AMENDMENT NO. 4 TO THE AGREEMENT WITH GHD, INC. FOR PROFESSIONAL ENGINEERING SERVICES RELATING TO THE LAKE/4TH/CENTRAL INTERSECTION IMPROVEMENTS, CITY PROJECT NO. RES24-156 R-57 B-9 Accepting Improvements fort the veywoodiSubdivsion (Tract No. 19-S-03) Recommendation: Adopt a Resolution: 1. Accept Improvements for the Iveywood ISubdivision (Tract No. 19- 2. Authorize thei filing oft the Notice of Acceptance for said subdivision A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA, ACCEPTING IMPROVEMENTS REQUIRED TO BE INSTALLED IN CONNECTION WITH IVEYWOOD IS SUBDIVISION, AND AUTHORIZING THE FILING OF ANOTICE OF ACCEPTANCE FOR SUCH IMPROVEMENTS S-03); and improvements (Report by Keith Helmuth) RES24-157 C. D. WORKSHOP: None PETITIONS, BIDS.RESOLUTIONS. ORDINANCES, AND AGREEMENTS: D-1 Resolution Establishing al Measure T Annual Work Plan Review Recommendation: Adopt a Resolution Establishing an Annual 30-day Public Review Period ON MOTION BY COUNCILMEMBER RODRIGUEZ AND SECONDED BY MAYOR PRO TEM GALLEGOS ITEM D-1 WAS APPROVED BYA6/0VOTE. ABSENT: COUNCILMEMBER MEJIA. for Measure Tfor Proposed Use of Funds by the City (Report by Arnoldo Rodriguez) RES24-158 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA TO EXTEND THE ANNUAL PUBLIC REVIEW PERIOD FOR EXPENDIURES RELATEDTOMEASURE TTO30DAYS D-2 Amendment No. 2 to the West Coast Arborists, Inc. Agreement for City-wide Tree Management and Maintenance Services Recommendation: Adoptal Resolution. Approvingt the Second. Amendment tot the Agreement for Tree Management and Maintenance Services with West Coast Arborist, Inc. (WCA) Not to Exceed $200,000 Per Year (Report by Joseph Hebert) ON MOTION BY COUNCILMEMBER EVANS AND SECONDED BY COUNCILMEMBER MONTES, ITEM D-2 WAS APPROVED BYA6/0 VOTE. ABSENT: COUNCILMEMBER MEJIA. RES24-159 RESOLUTION APPROVING THE SECOND AMENDMENT TO THE AGREEMENT FOR TREE MANAGEMENT AND MAINTENANCE SERVICES WITH WEST COAST ARBORIST, INC. NOT TO EXCEED $200,000P PERY YEAR City of Madera 205 W.4 4ths Street Madera, CA 93637 City Council Minutes October 2, 2024 Page5of8 D-3 City Manager At-Will Employment Agreement Recommendation: This report has been prepared at the direction of the City Council (Council); therefore, there is no staffr recommendation provided. Council is asked to consider and determine whether to adopt the Resolution approving the City Manager At-Will Employment Agreement (Report by Wendy Silva) ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER EVANS, ITEM D-3 WAS APPROVED BY A5 5/1 VOTE. NO: COUNCILMEMBER RODRIGUEZ. ABSENT: COUNCILMEMBER MEJIA. RES24-160 RESOLUTION OFTHE CITYCOUNCIL OFTHE CITYOF MADERAI APPROVING ACITY MANAGER AT-WILL EMPLOYMENT AGREEMENT E. ADMINISTRATIVE REPORTS: E-1 Spanish Language interpretation Services at City Council Meetings Recommendation: Staff is seeking Council direction regarding the provision of Spanish interpretation services at City Council meetings. Council is asked to consider options for integrating translation services to enhance accessibility for Spanish-speaking residents. Potential options include the use of artificial intelligence (AI)-powered translation solutions or traditional in-person interpretation services (Report by Alicia Gonzales) Staff was directed to return to Council with contract options, amounts and a potential agreement. E-2 Select Recipient for thel Proclamation int the Month of November Recommendation: Request for Councils Selection of a Recipient for the Proclamation Council selected thet followingr recipients fort the Small Business Saturday proclamation: Madera Cleaners, Plaza Flower, Taco Express and Casa de Tacos Nesa. Councilmember Rodriguez nominated The Vineyard during Item G, Councilmember Communications. E-3 Madera Subbasin Joint Groundwater Sustainability Plan (GSP) = Department of Water Resources (DWR) Review of the Annual Report for Water Year 2023 Recognizing Small Business Saturday (Report by Alicia Gonzales) Recommendation: Thisi is ani informational report. Staffwill receive comments and direction as may be offered from the City Council (Council) (Report by Keith Helmuth) F. FUTURE AGENDAITEMS: This portion of the meeting is reserved (i) to initiate new matters and to request updates, and (ii) and to initiate new agenda items. No single item may exceed one minute. All votes shall be conducted electronically, with the results announced by the Chair. Ifvoting is not available by electronic methods, another method may be used by the Chair unless otherwise determined by ar majority oft the Councilmembers present. Under this section the Council may take action only on items specifically agendized and which meet other requirements, for action. Mayor Garcia requested that staff add a future agenda item for staff to negotiate a CWTA (Community Workforce Training Agreement)withthe: Fresno, Madera, Tulare andl Kings County City ofMadera 205 W.4 4h Street Madera, CA 93637 City Council Minutes October 2,2 2024 Page 6of8 Building Trades Council. Staff is to bring! back a renegotiated: agreement, so that alli future City ofl Madera projects exceeding $1 million dollars per project be brought to Council for discussion and approval. Councilmembers Evans, Villegas and Mayor Garcia electronically voted yes. Councilmember Rodriguez motioned to bring this item back as a presentation and for discussion. All council electronically voted yes. Councilmember Mejia was absent. COUNCILMEMBER COMMUNICATIONS REPORTS/ANNOUNCEMENTS: Motion failed. No other future agenda items were presented. G. 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, and (ii) to make Mayor Prol Tem Gallegos thanked Nick Salinas and Sunrise Rotaryf fort the Old Timers Day Parade. It was a great event with many in attendance. She thanked the Police and Fire Departments for having their vehicles out there for the community to see. She also thanked thei family that Councilmember Rodriguez also thanked those in attendance. He thanked City Clerk Alicia Gonzales for her effort in the Old Timer's Day Parade. The event had a great turnout. He stated Councilmember Villegas was out there with a Charro's suit. He advised City Clerk Alicia Gonzales that his nomination fori the Small Business Saturday was The Vineyard. City Attorney was asked andi responded that sincet there was ar majority of Councilmembers who agreed with Councilmember Montes was not present during this portion of the meeting. Councilmember Evans expressed her appreciation to everyone involved in the Old Timers' Day Parade, calling it ana awesome event. She also thanked her colleagues who attended Thursday's Education of Excellence event, where Leonard Perez was honored as "Administrator of the Year". She mentioned that earlier this morning, at 6:30 a.m., she participated in the Walk to School event, which began at the Pan Am Center and included activities for the public. It was well attended, and she notedi that more Walk to School events are planned. She also thanked announcements. stayed throughout the meeting. the nomination, it was acceptable to add to Item E-2. the Health Department fort their role in organizing the event. Councilmember Villegas had nothing to report. Mayor Garcia thanked the NAACP, Madera Chamber of Commerce, Madera Coalition for Community. Justice, and CAPMCforl hosting the Candidates' Forumi for City Counciland Mayoral candidates the previous evening. He noted thati it was a well-attended event. H. CLOSED SESSION: Name of Case: 554957(b)(1) Title: H-1 Conference with Legal Counsel--Existing Litigation (Government Code Section 54956.9(d)(1) H-2 Public Employee Performance Evaluation - Pursuant to Government Code Section Cityo of Maderav. Summer Nastich and Phenos of Madera, Inc. (RealParty in Interest), Madera County Superior Court Case No. MCV090358 City Clerk City of Madera 205 W.4 4th Street Madera, CA 93637 City Council Minutes October2 2,2 2024 Page7of8 H-3 Conference with Labor Negotiators- - Pursuant to Government Code Section $54957.6 Agency Designated Representatives: Mayor Santos Garcia Unrepresented Employee: City Clerk City Attorney Shannon Chaffinn made the bedsesonamoumement at 8:20p.m. Mr.Chaffin and Council returned from Closed Session at 9:10 p.m. Mr. Chaffin announced thet following for Item H-1: The basici terms of the settlement are that Phenos waives all ofi its appeal rights, it dismisses and withdraws any contesting issues, a release to the City and a waiver of any known or unknown rights; and the City, in exchange, will dismiss its' Writ of Mandate. ADJOURNMENT: Meeting was adjourned at 9:11 p.m. ALICIA GONZALES, Clerk Lpmk Sehuboi MINUTES PREPARED BY ZELDAI LEON, Deputy City Clerk City d OF MADE CORPOR March 27, 1907: FORNIP Cityo of Madera 205) W.4 4th Street Madera, CA 93637 City Council Minutes October 2, 2024 Page 8of8