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Director of Water and Natural Resources Stephanie Anagnoson clarified that growers could install meters or sign up for verification reports to address discrepancies.
The board (5-0) unanimously approved the resolution approving lease financing of the County of Madera Fire Station No. 3 and other public improvements.
The board (5-0) unanimously authorized the use of one-time mitigation settlement funds received from the California High-Speed Speed Rail Authority (CHSRA) for capital project cash flow.
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, Feb. 1, 2022, 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)
Deputy County Administrative Officer for Finance Joel Bugay
Director of Water and Natural Resources Stephanie Anagnoson
Deputy County Counsel Michael Linden
Madera Farm Bureau Executive Director Christina Beckstead
Todd E. Miller
Vice President of Business Services for the Fresno County Economic Development Corporation (EDC) William Oliver
The board (5-0) unanimously the contract between the County of Madera and Elming Enterprises Inc.
The board unanimously approved items A to U.
A. Approval of the Regular Meeting Minutes for Jan. 25, 2022.
B. 8180: Agreement with Community Care on Palm Riverside in the amounts as listed in the Costs and Compensation section for the provision of mental health residential care services for Madera County Behavioral Health Services adult clients for 2021- 2022.
Community Care on Palm Riverside operates a State-licensed Skilled Nursing Facility. These facilities provide varying degrees of residential care services for adults with severe and persistent mental illness.
Clients are placed in such a facility following hospitalization for transitional or long-term residential care. It is often challenging to find appropriate placement for mentally ill residents of Madera County.
Placement in mental health facilities is usually urgent. Since there are no residential mental health facilities in Madera County, Behavioral Health Services must have options available to ensure appropriate placement.
The level of care required by the client determines the rates for services.
C. 8131: The Board appointed Melissa Cottington to the Coarsegold Resource Conservation District for a two-year term ending Jan. 25, 2024.
On December 10, 2021, the CRCD Board voted to recommend Melissa Cottington for the appointment as a new Board member to fill the vacancy left by the departure of Tom Burdette.
D. 8182: The Board passed a resolution accepting work for San Joaquin River Bluff Estates Subdivision Tract No. 276.
On Aug. 7, 2018, the Board entered into an Improvement Agreement with the San Joaquin River Bluff Estates Association for improvements/facilities part of Subdivision Tract #276 (San Joaquin River Bluff Estates).
At that time, the County required the improvement agreement under the provisions of County Code Chapter 17.56 that would allow the recording of Tract #276 before completing the required road and infrastructure improvements.
San Joaquin River Bluff Estates Association is requesting acceptance of the completed improvements. This is a pre-existing subdivision with most of the infrastructure already in place.
This map divided off a 68-acre lot that the Association owns to sell. The only requirement was an access gate approved by Fire Marshal staff.
As per section 17.56.010 of the Madera County Code (Subdivision Ordinance), assurances are as follows:
a. After final plat approval, lots for five model homes per phase can be permitted to the developer or duly authorized sales representative before completion of improvements.
These homes shall not be sold to individual property owners or occupied for residential use until sale.
Additional model homes shall not be allowed for subsequent steps until the previous stage achieves the improvements.
b. Upon the director’s recommendation, under the authority vested by the board of supervisors, may release assurances upon a determination that all improvements finish under all conditions of final plat approval.
c. The director shall record a form in the county recorder’s office indicating which lots are approved by the assurance agreement within a recorded subdivision.
E. 8188: Final Map for Tract 302, Tesoro Viejo Creekside Village I.
1. Consideration to adopt a Resolution approving Final Subdivision Map Tract No. 302, Creekside Village I.
2. Consideration of approval to authorize the Chief Clerk of the Board to sign and record Final Subdivision Map Tract No. 302, Creekside Village I.
3. Consider entering into an Improvement Agreement with Creekside Holdings RM, LLC. to defer improvements.
The tentative map was submitted in May 2021 and circulated for comments to internal departments and external agencies.
The Planning Commission approved the tentative map on July 6, 2021.
An Improvement agreement defers improvements required for the subdivision. Improvement plans have been reviewed and incorporated into the contract.
Under Title 7 of the California Government Code and Title 17 of the Madera County Code, the Subdivision Committee has processed and accepted this development.
F. 8150: California Microbusiness COVID-19 Relief Grant Program.
1. Grant Agreement No. MBCRG2022-C05 with the State of California of $199,764.63 to accept Madera County’s allocation for the California Microbusiness COVID-19 Relief Grant (MBCRG).
2. Consideration of approval of Receipt of Unanticipated Revenue No. 21- fort of $199,765.00 derived from Microbusiness COVID-19 Relief Grant State – Other to Other Charges for the Fiscal Year 2021-2022.
The MBCRG Program intends to provide relief to the hardest to reach microbusinesses and entrepreneurs.
This program includes, but is not limited to, businesses owned by women, minorities, veterans, individuals without documentation, and business owners located in low-wealth and rural communities.
The County will distribute $2,500 grants to eligible microbusinesses impacted by COVID-19 and related health and safety restrictions from Jan. 21, 2022 – to Dec. 30, 2022.
The County has contracted with the Madera County Economic Development Commission (EDC) to administer the program and has entered into MOU’s with the following community organizations to assist with marketing of the program: Community Action Partnership of Madera County, Madera Chamber of Commerce, Madera Coalition for Community Justice, and Madera County Workforce Assistance.
G. 8140: Grant Agreement No. 15PBJA-21-GG-04277- DGCT with the U.S. Department of Justice, Bureau of Justice Assistance (BJA) to authorize acceptance of award and terms in the amount of $550,000.00 for the 2021 BJA Fiscal Year 2021 Adult Drug Court and Veterans Treatment Court Discretionary Grant Program for Fiscal Years 2021-2025.
Under the Adult Drug Court (ADC) and Veterans Treatment Court (VTC) Discretionary Grant Program, the BJA provides financial assistance to local government units to implement and enhance the operations of adult drug courts and veterans treatment courts.
These courts integrate evidence-based substance abuse treatment, random drug testing, equitable sanctions and incentives, and transitional services in judicially supervised court settings with jurisdiction over offenders.
Madera County’s application enhances the county’s non-operational post-plea Felony Drug Court (FDC) program into an operational pre-plea diversion model.
The Diversion Drug Court Team will oversee the program.
Grant funding would be to
Fund the hiring of a specialized Deputy Probation Officer to work as the main point of contact for the Diversion Drug Court team
Improving communication/coordination between involved agencies,
Supporting goals and objectives of the proposed project while providing intensive supervision of the participant, including needs assessment and case plan development.
The proposed Diversion Drug Court will be open to eligible offenders charged with misdemeanor and felony drug-related offenses and expects to service between 100-150 individuals.
The treatment program would occur over a 9 to 12-month period and provide a variety of addiction treatment, counseling, educational, and workforce development programs, including the use of a CBT curriculum and referrals to contracted MAT and NTP service providers for participants requiring opioid addiction treatment.
Successful completion of the drug court will entitle a defendant to dismiss the related drug charge(s) and avoid prison time under California PC 1001.95.
H. 8183: Park and Ride Lot Project.
1. Amendment to MCC NO. 11997-21 with Kleinfelder, Inc for construction testing and inspection services of the Park and Ride Lot project located in Oakhurst to increase the contract amount from $12,291.00 to $20,000.00.
2. Authorize the Auditor-Controller to issue Payments of contingencies up to 10% of the amended agreement amount per established County Policy. 3. Consideration of approval to authorize the Road Commissioner or his designee to issue and approve Contract Change Orders under the Public Contract Code, not to exceed authorized contingencies.
Prop 1B Public Transportation, Modernization, Improvement, and Service Enhancement Account (PTMISEA) funds the Park and Ride Lot project in Oakhurst.
The scope of work consisted of excavation, filling, and backfilling for structures and pavement.
The completion of work will offer a convenient location to transfer from a single passenger vehicle to a local, regional transit bus, carpool, or vanpool.
The Park and Ride Lot located in Oakhurst will also include electric vehicle charging stations and allow commuters and visitors to save time and money while reducing traffic congestion by ridesharing, which will improve air quality.
Avison Construction inc. has completed most construction bid items under the project plans and specifications.
Kleinfelder, Inc. was hired under contract (MCC #11997-21) to perform quality assurance materials testing and inspection services for the County to ensure their work and materials complied with the project plans and specifications.
During work on the Park and Ride Lot project, several unforeseen items arose, which required additional testing from Kleinfelder, Inc. The unexpected primary article was subgrade soil conditions found under the existing parking lot area.
The requested amendment is to increase the contract amount from $12,291.00 to $20,000.00 to compensate Kleinfelder, Inc. for the remaining work to conduct construction testing and inspection services for the Park and Ride Lot project to ensure all labor and materials meet the requirements and standards in the project plans and specifications.
I. 8189: Agreement between the California Department of Social Services (CDSS) and the Madera County Department of Social Services (MCDSS) to transfer the administration of the CalFresh Restaurant Meals Program (RMP) to CDSS.
The Restaurant Meals Program (RMP) allows CalFresh households, including at least one homeless, elderly, and the disabled individual, to use CalFresh benefits to purchase prepared meals from qualifying restaurants, delis, food trucks, and others.
In February 2021, your Board approved a Social Services request to administer the RMP in Madera County.
At that time, Madera became the 16th county in the State to offer the RMP, which was then solely administered at the county level.
The California Department of Social Services began operating the RMP at the state level in those counties that did not previously provide the program.
Due to workload issues and the absence of funding to operate RMP at the county level, our Department recommends transferring the responsibility for the RMP to the State effective February 2022.
The transfer of jurisdiction will not impact current, pending, or future vendors participating in the RMP or the services provided to eligible CalFresh households.
J. 8181: Amendment to MCC No. 11686A-21 with Davids Engineering, Inc. to expand the scope for emergency recharge services by $184,166.00.
Madera County Groundwater Sustainability Agencies (GSAs) are currently implementing Groundwater Sustainability Plans (GSPs) for the Chowchilla, Madera, and Delta-Mendota Subbasins, which include a range of measures towards sustainability, including recharge, land resting, repurposing, and demand management (allocations).
Contract MCC No. 11686-20 with Davids Engineering was originally $650,000.00 for a proposal encompassing acquiring permanent water rights, including planning and permitting.
Emergency recharge services have increased by $186,962.00. It will now include 30% design for Prop 68 implementation funds for $117,446.00 and $66,720.00 for engineering analysis of recharge and land repurposing around Fairmead.
Both the $117,446.00 and $66,720.00 are expenses reimbursable by grants and a total of $184,166.00 as a second amendment.
K. 8185: The Board passed a resolution authorizing a proposal for funding from the Department of Water Resources and designating the Director of the Department of Water and Natural Resources to execute the agreement and any amendments for the Madera County Oakhurst River Parkway Restoration Project.
The Floodplain Management, Protection, and Risk Awareness (FMPRA) Grant Program is a program established in the Budget Act of 2019 and funded by the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Fund Act of 2018 (Proposition 68; Pub. Resources Code §80000 et seq.).
Proposition 68 authorized the legislature to appropriate funding to DWR for competitive grants, which reduce flood risks associated with stormwater flooding, mudslides, and flash flooding.
Proposition 68 funding requires implementation projects to reduce flood risk associated with stormwater flooding, mudslides, and flash flooding and promote the wise use of floodplains.
Madera County Flood Control and Water Conservation Agency (MCFCWCA) submitted. A concept proposal, as required by the Proposal Solicitation Package, a concept proposal on 10/27/2021.
The project should also utilize multiple benefit features when possible.
The MCFCWCA concept proposal presented the Oakhurst River Parkway Restoration Project (Project).
As described in the concept proposal, the Project would include floodway improvements and re-channelization, erosion control, slope stability, invasive species vegetation and tree hazard removal, and overall public safety improvements for a 0.5-mile segment of the Fresno River, located in Oakhurst, CA.
The Project would reduce recurring flood damages to the surrounding community, restore the threatened habitat of particular status species, and protect against future effects of climate change.
On 12/14/2021, the MCFCWCA received a feedback letter on the concept proposal with the following comments:
1. The flood risk reduction component is acceptable,
2. The ecosystem enhancements and multi-benefit elements are acceptable,
3. The scope of work, budget, and schedule are acceptable, and
4. To be eligible to receive a cost-share reduction, the requirements of Appendix D (of the Proposal Solicitation Package) will need to be met in the entire proposal.
Based on the review of the feedback letter and consultation with County Staff and consultants, the MCFCWCA has determined that it is within the Agency’s best interest to pursue funding and submit a complete application package.
The Board discussed the following items:
6. 8226. Discussion and direction on the name of the Hall of Justice building.
The board (5-0) unanimously approved to name the Hall of Justice building “Madera County Justice Center.”
6.b. 8191: The board (5-0) unanimously approved the resolution approving documents and actions relating to the execution and delivery of a property lease to finance County of Madera Fire Station No. 3 and other public improvements.
Deputy County Administrative Officer for Finance Joel Bugay said that resolutions provide authority for a maximum principal amount of $7,000,000 and an annual interest rate not to exceed 2.28%.
The actual net proceeds to be received are $6,583,000 with an interest rate of 1.78% and a 20-year term.
The lease financing is for constructing the new Fire Station 3 and the smoke control and fire alarm system at the County jail.
The total project amount for Fire Station 3 is $6,583,000, and the project amount for the Jail HVAC system is $2,361,000 for a total cost of 8,861,000 for both projects.
The County will not be financing the entire project cost as a portion of the Fire Station 3 project can be funded with ARPA due to its features that promote pandemic resiliency.
ARPA will be funding $2,361,000 of the $6,583,000 cost for Fire Station 3. The Fiscal Year 2022-2023 Budget will include the annual cost of the lease finance.
6.c. 8190: The board (5-0) unanimously approved the resolution approving documents and actions relating to the execution and delivery of a property lease to finance Fire Station No. 3 and other public improvements.
6.d. 8153: Agreement with Marko Construction, Inc. for $6,583,000.00 for construction of Fire Station No. 3.
On November 12, 2019, the Board approved a purchase/donation agreement to acquire a two-acre site on the corner of Road 26 and Avenue 21 in Madera to secure a new location for Fire Station No. 3.
On July 7, 2020, the Board approved an Agreement with RRM Design Group for design and engineering services for the Fire Station No. 3 project.
On October 22, 2021, the bidding for this project closed and resulted in seven proposals. Marko Construction was the lowest responsive and responsible bidder with a bid price of $6,583,000.
6.e. 8171: The board (5-0) unanimously approved the agreement with Strategic Mechanical of $2,361,000.00 to construct the Madera County fire alarm and smoke control system.
On Feb. 7, 2017, the Board approved a contract for design services for the Jail HVAC project with Kitchell CEM.
On Dec. 19, 2017, the Board approved a contract for construction services for the Jail HVAC project with Strategic Mechanical.
During the Jail HVAC upgrade construction, the State Fire Marshall indicated that the existing fire smoke control system was not fully operational.
The State Fire Marshall requires the system to be updated to meet the current code.
On Nov. 20, 2018, your Board approved a contract amendment with Kitchell CEM to include the design of the upgrades.
On Feb. 28, 2020, the State Fire Marshall approved the design for the upgrades.
Bidding for the construction closed on Oct. 21, 2021, and received one proposal.
Strategic Mechanical came in with a bid amount of $2,361,000.00.
Since only one bid was received, staff validated the bid results with Sierra West Estimating, which aligned with the current market conditions.
6.f. 8227: Discussion and direction to staff regarding the process for candidate consideration and appointment to fill the upcoming Auditor/Controller vacancy.
Todd E. Miller, the elected Auditor/Controller, announced his retirement from office effective Feb. 28, 2022.
Auditor/Controller Miller’s unexpired term is approximately ten (10) months following his retirement, lasting until noon on Jan. 2, 2023. The next election for the Auditor/Controller is June 7, 2022.
The board (5-0) unanimously accepted Auditor/Controller Miller’s retirement letter.
6.g. 8192: The board (5-0) unanimously authorizes the use of one-time mitigation settlement funds received from the California High-Speed Speed Rail Authority (CHSRA) for capital project cash flow.
In May of 2021, the Board of Supervisors approved a second amendment to the Construction and Maintenance Agreement with the California High-Speed Rail Authority (CHSRA).
The approved amendment provided for the CHSRA is to issue a payment of $6.25 Million to the County as a settlement to mitigate the impacts to local County roads from High-Speed Rail (HSR) construction activities throughout the County.
The funds were received from the CHSRA and deposited into an interest-bearing account.
The Public Works Department has multiple capital projects currently in progress and nearing construction.
Most of these projects are funded by other funding sources, primarily through state or federal funding programs.
Most, if not all, of these programs, are reimbursement funding programs and require that funds be expended by the County and then claimed for reimbursement.
To do this, the County must have the funds on hand to “cash flow” the project and then submit it for reimbursement.
With the volume and timing of capital projects in the queue, the ability to proceed with these projects can be delayed and hindered if the funding to cash-flow the project is unavailable.
In several cases, the department has historically worked with the Treasurer-Tax Collector’s office to obtain cash-flow loans through the Grant Anticipation Note (GAN) process.
The public hearings centered on the following:
7.a. 8130: The Board (5-0) unanimously approved financing under section 147(f) of the Internal Revenue Code of 1986 and The Joint Exercise of Powers Act relating to improvements of 4148 Town Center Boulevard Madera, California, and refinancing certain outstanding loans.
8.a. 8179:Presentation and update on Madera County Groundwater Sustainability Agencies.
Director of Water and Natural Resources Stephanie Anagnoson stated that the state Department of Water Resources (DWR) had released letters updating the status of groundwater sustainability plans (GSPs) submitted in the Chowchilla and Delta-Mendota Subbasins.
A preliminary letter from DWR indicated the potential for both programs to be incomplete or inadequate.
Current work with rates includes:
Consider eliminating the payment to never irrigated (and moving funds to irrigated)
Increasing the amount to irrigated acres (to come out of production) as part of land repurposing
Analyzing how to use a hybrid and volumetric rate
The timing is as soon as possible.
In January, the department conducted a grower workshop to update Irriwatch and allocations reports. Approximately 70 people attended via Zoom.
Updates in the portal include auto-enrollment for those not enrolled, monthly allocation report accessed in Irriwatch, and the ability to tie a well to specific parcel fields.
2021 Allocation v. ETAW Reports mailed to all parties in Farm Units week of 1/24/2022
2021 verification project attempted to reconcile meter data to Evapotranspiration Of The Applied Water (ETAW)
Many growers did not want to share data.
Those that shared data had older meters and non-standard installations
It is challenging to collect metered to fields in Irrivatch
2022 verification Project will be boots on the ground and establish selection criteria and a mobile data collection platform. implementation of the project, analyze results, document results, and present results
Growers can use the meter data to appeal to ETAW from satellite data analysis (Irriwatch), but they can also use ETAW.
The framework is in Resolution 2021-113, and the process is ongoing.
Appeals must base on the following:
Totalizing flow meters installed and maintained per manufacturer’s specifications and certified by an engineer in the field within the last two years of the date of the appeal
Growers must record flow data monthly, including a photo (working on a portal to upload all of that)
Map of the area irrigated by the flow meter
Any other sources of data should be accurately measured and accounted for monthly
Third-party will review data and determine the validity
Third-party determination is final
Madera Farm Bureau Executive Director Christina Beckstead asked when the 2022 verification process would start. She also aired discrepancies in information in Irriwatch regarding soil, crop types, and others.
Mike Peters urged the department to verify measurements between Irriwatch.
Director of Water and Natural Resources Stephanie Anagnoson clarified that growers could install meters or sign up for verification reports to address discrepancies.
10.a. 8229: The Board (5-0) unanimously approved the letter of support to the U.S. Department of Commerce regarding the Central Valley Built 4 Scale application submitted by Fresno County Economic Development Corporation.
Built 4 Scale will support 2,500 job placements throughout the four-county region (Fresno, Kings, Madera, and Tulare) to address critical workforce needs in four strategic sectors: Business Services, Construction, Manufacturing, and Transportation in the persistent poverty region of California’s Central Valley.
During the closed session, the board discussed the following items:
2.a. 8194: 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, Unrepresented Positions: Animal Services Director, Assistant Sheriff, Corrections Director, and Undersheriff.
The meeting lasted until noon. The next board meeting will be on Tuesday, Feb. 8, 2022, at 9:00 am.
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