Documenter: Josef Sibala

Here’s what you need to know:

  • Lieutenant Commander Hector Madrigal updated the Board of the recent grant for impaired driving for Madera County, which started on Oct. 1. His team issued 98 citations and verbal warnings. Moreover, they arrested DUI drivers, recovered one stolen vehicle, conducted three felony arrests, and gave several traffic safety presentations.

  • Deputy Director of Public Works Andrea Saldate announced the defeat of the rate increase since County Service Area No. 14 residents provided 22 “legitimate” written protests.

  • According to the Ag Preserve Rules and Procedures, Senior Planner Jamie Dax stated that all parcels had rezoned ARE-40 (Agricultural Rural Exclusive-40 Acre) District.

  • The Board (5-0) unanimously approved a resolution to a contract regarding the Central Project, which provides 200-acre foot of water from Hidden Lakes to Maintenance District #1 in perpetuity.

The Scene

According to its website, The Madera Board of Supervisors is the legislative and executive governing body of the Madera County government. Each of the five supervisorial districts of the County elects one supervisor.

Within limits prescribed by State law, the Board enacts ordinances and rules, determines County policy, supervises the activities of County departments, adopts an annual budget, and fixes salaries.

The Board meets regularly the first three Tuesdays of each month and occasionally on Mondays in the Board Chambers of the County Government Center in Madera. On Tuesday, Dec. 14, 2021, the meeting was at 9:00 am. 

Madera County Board of Supervisors Members present:

  • Brett Frazier (District #1)

  • David Rogers (District #2)

  • Robert Poythress (District #3)

  • Letizia Gonzalez (District #4)

  • Tom Wheeler (District #5)

Others Present:   

  • Deputy County Administrative Officer for Finance  Joel Bugay

  • Lt. Commander Hector Madrigal

  • Betsy McGovern-Garcia

  • District Attorney Sally Moreno

  • Madera County Sheriff-Coroner Tyson Pogue

  • Deputy Director of Public Works Andrea Saldate

  • Senior Planner Jamie Dax 

  • County Administrator Jessica Leon

  • Human Resources Manager Susan Carter

  • Director of Human Resources Elba Gomez

  • Madera County Assessor Gary Svanda

Discussions/Actions

Lieutenant Commander Hector Madrigal updated the Board of the recent grant for impaired driving for Madera County, which started on Oct. 1. 

For two months, he and his team have undergone 27 special enforcement DUI saturation patrols, of which they spent 154 hours arresting and apprehending impaired drivers. 

His team issued 98 citations and verbal warnings. Moreover, they arrested DUI drivers, recovered one stolen vehicle, conducted 3 felony arrests, and gave several traffic safety presentations. 

In the consent agenda, the Board (5-0) unanimously approved the following:
A. The Board approved the Regular Meeting Minutes for Dec. 7, 2021. 

B. 8040: No Place Like Home Program. 

1. The Board adopted a Resolution authorizing the County of Madera to apply for and, if awarded, accept funds from the No Place Like Home Program.

2. The Board authorized the Chairman to sign the Reference Certification and Legal Worksheet. 

C. 3740: The Board reaffirmed Resolution No. 2015-101, declaring a local emergency due to the tree mortality disaster in the County and throughout the State. 

D. 6072: The Board reaffirmed Resolution No. 2020-032, ratifying and extending the Declaration of a Local Emergency and Local Health Emergency (COVID19). 

E. 7989: The Board adopted a resolution authorizing special assessment on real property under Madera County Code Chapter 8.01 entitled Administrative Citations and Penalties. 

F. 8042: Second Reading to consider adopting an Ordinance to repeal Title 1, Chapter 1.24, Sections 1.24.020 through 1.24.060 of the Madera County Code, in their entirety, and amending Title 1, Chapter 1.24, Section 1.24.010, relating to Supervisorial Districts. 

G. 8075: The Board approved the Receipt of Unanticipated Revenue No. 21-055 for $411,434.00 derived from Homelessness Services – StateOther to Professional and Specialized Services, and Operating Transfers Out for the Fiscal Year 2021-2022. 

Due to the increased grants for homelessness, County Administrator Jessica Leon clarified that it “makes sense” to have grants in a single fund. 

H. 8032: The Board entered into an Agreement with Kitchell CEM for $68,000.00 for the design and engineering of the Madera Rescue Mission Triage Center for a term of twelve (12) calendar months. 

I. 7925: The Board reaffirmed Resolution No. 2021-130, recognizing and determining meeting risks under the Covid-19 proclaimed the State of Emergency under Assembly Bill 361 related to statutory Brown Act exemptions. 
J. 7985: Monthly report of employee transactions for November 2021. 

K. 7986: The Board adopted a Resolution amending the Salary Fringe Benefit Schedule for Elected, Department Heads, and Unrepresented Employees. 

L. 8045: The Board approved the Transfer of Appropriations No. 21-054 for $39,104.00 from Special Payments – Professional and Specialized Services to Human Resources – Professional and Specialized Services for the Fiscal Year 2021-2022. 

M. 6644: The Board reaffirmed Resolution 2020-123, declaring a Local Health Emergency (Creek Fire) by the County Health Officer. 

N. 3639: The Board reaffirmed Resolution No. 2015-087, proclaiming a local emergency created by the severe drought conditions in the County and throughout the State.

O. 6908: The Board reaffirmed Resolution No. 2020-123, ratifying and extending the declaration of a local emergency for the Creek Fire. 

P. 7047: The Board reaffirmed Resolution No. 2021-015, ratifying and extending the declaration of a local emergency (winter storm events). 

Q. 7629: The Board reaffirmed Resolution No. 2021-101, ratifying and extending the declaration of a local emergency and local health emergency caused by the River Fire. 

R. 8007: Tree Mortality Operations. 

1. The Board entered into an Agreement with LTC Forestry Inc. in an amount not to exceed $1,000,000.00 (one million) for mitigating tree mortality for a term ending December 31, 2023. 

2. The Board entered into an Agreement with Central Sierra Enterprises in an amount not to exceed $1,000,000.00 (one million) for mitigating tree mortality for a term ending December 31, 2023.

3. The Board entered into an Agreement with Elming Enterprises Inc. in an amount not to exceed $1,000,000.00 (one million) for mitigating tree mortality for a term ending December 31, 2023. 

S. 8038: The Board approved the Receipt of Unanticipated Revenue No. 21-053 for $413,764.00 derived from Sheriff-Emergency Operations – Fed-Other to Special Departmental for the Fiscal Year 2021-2022 to allow the Sheriff’s Office to repay agencies that assisted with the Creek Fire emergency response.

T. 8048: Public Assistance Fraud Investigation Activities. 

1. The Board entered into an Agreement with Madera County District Attorney’s Office for public assistance fraud investigation activities in the CalWORKs, CalFresh, General Assistance (GA), and other assistance programs for Fiscal Years 2021-2023. 

2. The Board entered into an Agreement with Madera County District Attorney’s Office (DA) for public assistance fraud prosecution activities in the CalWORKs, CalFresh, General Assistance (GA), In-Home Supportive Services (IHSS), and other assistance programs for Fiscal Years 2021- 2023.

U. 8006: Annual County Subvention and Medi-Cal Cost Avoidance Contracts. 

1. The Board entered an agreement with the California State Department of Veterans Affairs for the Annual County Subvention Program. 

2. The Board entered into an agreement with the California State Department of Veterans Affairs for the Annual Medi-Cal Cost Avoidance Program. 

V. 7995: The Board adopted a Resolution approving the transfer of sewer unit(s) from APN 064-071-021 to APN 064-071-039 within Maintenance District No. 22A, Oakhurst (MD-22A). 

W. The Board (5-0) unanimously approved a resolution to a contract regarding the Central Project, which provides 200-acre foot of water from Hidden Lakes to Maintenance District #1 in perpetuity. 

The Board discussed the following items:

6.c. 8073: Discussion and consideration of approval of a Workplace Violence Policy for the County of Madera. 

The board (5-0) unanimously approved the Workplace Violence Policy for Madera County. 

6.e. 8039: Discussion and consideration of approval of the Madera County Telework Policy and Guidelines

The board (5-0) unanimously approved the Madera County Telework Policy and Guidelines.

6.f. 8051: 2022 Health Insurance Benchmark. 

1. Discussion and consideration to adopt the Side Letters of Agreement with the Clerical, Deputy Probation Officer, Mid-Management, Post Graduate Licensed Professional, Probation Management, Professional, Service, and Technical Units regarding the continued utilization of the United Healthcare Plan as the benchmark to fund and maintain the County’s Health Benefits Program for the 2022 Plan Year (January 1, 2022, through December 31, 2022). 

2. Discussion and consideration to extend the terms of the Side letters of Agreement in Recommended Action No. 1 above to current, eligible unrepresented employees, including Department Heads and Elected Officials. 

Human Resources Manager Susan Carter stated that the benchmark would allow “more availability” for health services to county employees. 

The Board (5-0) unanimously approved the benchmark.

6.g. 8052: Discussion and consideration to adopt the Sideletter of Agreement with the Clerical and Technical Units regarding the minimum wage increase effective January 1, 2022. 

The Board (5-0) unanimously approved the Sideletter of Agreement with the Clerical and Technical Units regarding the minimum wage increase effective January 1, 2022. 

6.h. 8077: Discussion and direction to staff regarding the process for candidate consideration and appointment to fill the Assessor vacancy; consider taking other appropriate action. 

In his retirement letter effective December 31, Madera County Assessor Gary Svanda recommended Brian Glover as Acting Accessor until January 2023. 

The public hearings centered on the following: 

7.a. 8028: Hearing to consider adoption of a Resolution establishing increased Water and Sewer Service Rates and levying the increased rates within County Service Area No. 14 (CSA 14), Chuk-Chanse

Deputy Director of Public Works Andrea Saldate announced the defeat of the rate increase since CSA 14 residents provided 22 “legitimate” written protests. 

7.b. 8036: Agriculture Preserve/Farmland Security Zone Program. 

1. Hearing to consider the proposed Ordinance for the rezoning of lands currently proposed for inclusion in the Agricultural Preserve/Farmland Security Zone Program for 2022 (contracts with Madera County under the provisions of the Williamson Act) to ARE-40 (Agricultural, Rural, Exclusive-40 Acre) District from ARE-20 (Agricultural, Rural, Exclusive-20 Acre), RM (Rural Mountain), and AR-5 (Agricultural Rural 5 Acre) Districts. 

2. Hearing to consider adopting the Resolution establishing 2022 Agricultural Preserves 1735 through 1748 and Farmland Security Zone (FSZ) numbers 294 through 298. 

3. Discussion and consideration of entering into Agricultural Preserves and Farmland Security Zones contracts for the year 2022 and authorize the Chairman to sign. 

4. Discussion and direction to prepare a Notice of Exemption per the California Environmental Quality Act (CEQA) Guidelines Section 15061.

According to the Ag Preserve Rules and Procedures, Senior Planner Jamie Dax stated that the Board must rezone all parcels in the ARE-40 (Agricultural Rural Exclusive-40 Acre) District for the program to proceed.

Afterward, the Board (5-0) unanimously passed the ordinance. 

Thus, more restrictive zoning to not allow divisions into parcels too small to support

agriculture.

Green Farms LLC requests this year’s contracts, Daniel F. Symer, Alex and Jackie Lehman, Jason and Stacy Erickson, and Cottonwood Creek Ranch LLC.

8 parcels (5 applications) rezoned are from ARE-20 (Agricultural Rural Exclusive-20 Acre), AR-5 (Agricultural, Rural 5-Acre), POS (Public Open Space), and RM (Rural Mountain) to ARE-40 (Agricultural Rural Exclusive-40 Acre) District.

Under the provisions of the California Environmental Quality Act (CEQA) Section 15317 and the Madera County Environmental Guidelines, this project will not have a significant effect on the environment and is exempt from CEQA.

During the closed session, the board discussed the following item:

2.a. 8062: Request for Closed Session: 

Government Code Section 54957.6 

Conference With Labor Negotiators 

Agency designated representatives: Elba Gomez, Director of Human Resources and Susan Carter, Human Resources Manager 

Employee Organization: All Units 

2.b. 8043: Request for Closed Session: 

Government Code Section 54956.9 (d)(1) 

Conference With Legal Counsel – Existing Litigation 

Name of Case: Sandra Smith v. County of Madera (Madera County Superior Court, Case No. MCV082579) 

2.c. 8044: Request for Closed Session: 

Government Code Section 54956.9 (d)(1) 

Conference With Legal Counsel – Existing Litigation 

Name of Case: Michelle Lopez v. County of Madera (Madera County Superior Court Case No. MCV084444) 

2.d. 8078: Request for Closed Session: 

Government Code Section 54956.9 (d)(1) 

Conference With Legal Counsel – Existing Litigation 

Name of Case: Rick Hamilton and Kristin Hamilton v. County of Madera et al., United States District Court, Eastern District of California, Case No. 1:20- CV-00484-NONE-EPG 

The meeting lasted until 11:00 pm. The next board meeting will be on Tuesday, January 4, 2022, at 9:00 am. 

If you believe anything in these notes is inaccurate, please email us at Documenters-admin@thefresnoland.com with “Correction Request” in the subject line.

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