Here’s what you need to know:
- Farmers Ralph Pister and Ryan Jones urged the Board to, “push back,” the $245 per acre annual water fee. Jones shared his concern with the board that the water levels have dropped 20 to 50 feet per year.
- Dan Metz from the Trash Advisory Group said that he believes the county’s dumping is inequitable and its fees are illegal. He said they are able to charge $38 per ton to recover their costs, but Madera County charges franchise haulers $55 per ton, which results in a $2 million overcharge for 2021 and would increase in subsequent years.
- Director of Water and Natural Resources Stephanie Anagnoson urged the Board to wait for the rate study before giving directions on penalties.
- Senior Planner Jamie Bax announced that the CalTrans $450,000 grant would enable the implementation of the Madera Station Relocation Transit Area Specific Plan Project.
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 on the first three Tuesdays of each month and occasionally on Mondays in the Board Chambers of the County Government Center in Madera. On Tuesday, May. 17, 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)
Others Present:
- Jared Carter from the Department of Public Works
- Dan Metz from Trash Advisory Group
- Deputy County Administrative Officer for Finance Joel Bugay
- Sheriff Tyson Pogue
- Senior Planner Jamie Bax
- Public Health Director Sara Bosse
- Director of Water and Natural Resources Stephanie Anagnoson
- Ralph Pister
- Ryan Jones
- Mark Peters
- President of Stanislaus Farm Supply Nick Biscay
- Leticia Garcia from Leadership Counsel for Justice and Accountability
Discussions/Actions
Jared Carter announced that the Department of Public Works cleared the final structure from a landfill site with the help of the Fire Department.
Dan Metz from the Trash Advisory Group said that he believes the county’s dumping is inequitable and its fees are illegal. He said they are able to charge $38 per ton to recover their costs, Madera County charges franchise haulers $55 per ton, which results in a $2 million overcharge for 2021 and would increase in subsequent years.
Madera County residents quickly fill the landfill “three times” using in-county haulers. Thus, a 3.5 million expansion would not be necessary until 2029 without using outside haulers.
Lastly, he stated that “economies of scale” is inapplicable because of high variable costs, low fixed cost, and since residents pay at different rates.
The Board (5-0) unanimously approved items A to Z in the consent agenda, except item R.
- Minutes
1. Corrected Special Meeting Minutes for March 9, 2022.
2. Regular Meeting Minutes for April 19, 2022.
3. Special Meeting Minutes for May 2, 2022.
4. Regular Meeting Minutes for May 3, 2022.
5. Regular Meeting Minutes for May 10, 2022.
B. 8353: The Board (5-0) approved setting the time and date for the hearing of objections to the assessment of lands by the Assessor of the Chowchilla Water District for the Fiscal Year 2022-2023; Set the Public Hearing for June 14, 2022, at 10:30 A.M.
C. 3740: The Board (5-0) 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 (5-0) reaffirmed Resolution No. 2020-032, ratifying and extending a Local Emergency and Local Health Emergency (COVID-19) declaration.
E. 8566: Final Map for Tract No. 312, Riverstone Park District East.
1. The Board (5-0) adopted a resolution approving Final Subdivision Map Track No. 312 Park District East, Riverstone.
2. The Board (5-0) authorized the Chief Clerk of the Board to sign and record Final Subdivision Map Tract No. 312 Park District East, Riverstone.
3. The Board (5-0) entered into an Improvement Agreement with KL LHB AIV LLC to defer improvements.
4. The Board (5-0) authorized the Chief Clerk of the Board to sign and record a Covenant and Agreement regarding restricting transfers of Real Property for Final Subdivision Map Track No. 312 Park District East, Riverstone.
5. The Board (5-0) allowed recording the Right to Farm Notice for Final Subdivision Map Track No. 312 Park District East, Riverstone.
F. 7925: The Board (5-0) reaffirmed Resolution No. 2021-130, recognizing and determining meeting risks under the COVID-19, and proclaimed the State of Emergency under Assembly Bill 361 related to statutory Brown Act exemptions.
G. 8527: The Board (5-0) approved the monthly report of employee transactions for April 2022.
H. 8555: The Board (5-0) approved the Receipt of Unanticipated Revenue No. 21- 134 for $20,000.00 derived from Probation Administration – Operating Transfers Into Buildings & Improvements for the Fiscal Year 2021-2022.
I. 6644: The Board (5-0) reaffirm Resolution 2020-123 declaring a Local Health Emergency (Creek Fire) by the County Health Officer.
J. 8450: The Board (5-0) ratified the agreement with Stericycle for $2,299.00 per month for medical disposal services for Fiscal Years 2022- 2024.
K. 8549: The Board (5-0) entered into an Amendment to MCC No. 11879-21 (State Agreement No. 20-10284) with the California Department of Public Health to update the implementation period from June 17, 2021, through June 29, 2023, and reduce the total dollar amount of the contract by $47,119.00 to $176,189.00 for diabetes and disease prevention services for Fiscal Years 2021-2023.
L. 8554: The Board (5-0) agreed (Grant Agreement No. 21- 10563) with the California Department of Public Health, Sexually Transmitted Disease Control Branch in an amount not to exceed $607,255.00 for support of governmental public health response to infectious diseases for Fiscal Years 2021-2025
M. 8512: The Board (5-0) adopted a resolution summarily vacating a segment of public road right-of-way on North Street west of Road 600 (Raymond).
N. 3639: The Board (5-0) 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 (5-0) reaffirmed Resolution No. 2020-123, ratifying and extending the declaration of a Local Emergency for the Creek Fire.
P. 7047: The Board (5-0) reaffirmed Resolution No. 2021-015, ratifying and extending the declaration of a Local Emergency (winter storm events).
Q. 7629: The Board (5-0) reaffirmed Resolution No. 2021-101, ratifying and extending the declaration of a Local Emergency and Local Health Emergency caused by the River Fire.
R. 8132: The Board (5-0) entered into an Agreement with ConvergeOne Inc. for $75,363.45 for security camera equipment at Social Services offices for 2021-2022.
S. 8558: The Board (5-0) entered into an Amendment to MCC No. 11647-20 Memorandum of Understanding Madera County Probation Department for Medi-Cal Eligibility Identification for juvenile wards in Madera County for Fiscal Years 2022-2024.
T. 8563: The Board (5-0) entered into an agreement with California State University, Fresno Foundation in an amount not to exceed $62,675.00 for training services for Safety Organized Practice of the California Child Welfare Core Practice Model (CPM) for increased permanency for youth in the foster care system for 2022-2023.
U. 8544: Workforce Development Reappointments.
1. The Board (5-0) re-appointed Mike Lopez, Sheet Metal Workers Local 104, to the Workforce Development Board of Madera County for a term ending June 7, 2025.
2. The Board (5-0) re-appointed Laura Gutile, Laura’s Nuts, to the Workforce Development Board of Madera County for a term ending June 7, 2025.
V. 8546: Grant Anticipation Note for County Service Area No. 1, Indian Lakes.
1. The Board (5-0) adopted a resolution authorizing the issuance and sale of a 2022 series Grant Anticipation Note not to exceed $342,000.00 to provide a short-term cash advance for County Service Area (CSA) No. 1, Indian Lakes.
2. The Board (5-0) approved the Receipt of Unanticipated Revenue No. 21- 132 for $342,000.00 derived from CSA 1 Indian Lakes Water – StateWater Grant to Buildings & Improvements for the Fiscal Year 2021-2022.
W. 8523: The Board (5-0) adopted a resolution of Intent to annex APN 034-441-043 to CSA-3 Zone of Benefit “B” (CSA-3B), Self-Help Subdivision, and establish assessments and fees, therefore; Setting the Public Hearing for June 21, 2022, at 10:30 A.M.
X. 8543: Water Systems Improvement Project for CSA-16.
1. The Board (5-0) entered into an Amendment to MCC No. 11279-18 with AMCE to increase the contract amount from $212,600.00 to $249,600.00 and amend the scope of work for professional engineering and environmental services for essential services for the CSA-16 water system improvements project.
2. The Board (5-0) authorized the Auditor-Controller to issue payments for contingencies up to 10% of the amended contract amount per established County policy.
3. The Board (5-0) authorized the Chief of Development Services or his designee to solely issue and approve contract change orders under public contract code, not to exceed authorized contingencies.
Y. 8564: The Board (5-0) adopted a resolution authorizing the issuance and sale of a 2022 series Grant Anticipation Note not to exceed $444,000.00 to provide a short-term cash advance for Maintenance District No. 19A, Parkwood.
Z. 8488: The Board (5-0) approved the Receipt of Unanticipated Revenue No. 21-127 for $152,599.00 derived from MD 33-Water – Release of Fund Balance to Direct Maintenance Expenses-DEGS for Fiscal Years 2021- 2022.
The Board discussed the following:
6.d. 8567: The Board (5-0) approved the Memorandum of Understanding between Madera County and Self-Help Enterprises for facility use at Parksdale Village I and authorized the Chairman to sign.
6.e. 8455: The Board (5-0) adopted an ordinance relating to various staff committees amending sections 17.72.030, 17.72.040, 17.72.050, 16.06.010, 16.06.020, 16.06.030, 16.06.040 and 16.06.050 and repealing Section 17.12.010 of the Madera County Code.
6.f. 8467: The Board (5-0) adopted an ordinance to enact Sections 11.04.245 through 11.04.248 of the Madera County Code about building addresses.
Senior Planner Jamie Bax said that the ordinance would allow a uniform code for addresses posted on buildings and throughout the County.
6.g. 8565: The Board (5-0) adopted a resolution authorizing the Director of Community and Economic Development to execute agreements with the California Department of Transportation for the Madera Station Relocation Transit Area Specific Plan Project.
Senior Planner Jamie Bax announced that the CalTrans $450,000 grant would enable the implementation of the Madera Station Relocation Transit Area Specific Plan Project.
6.h. 8560: The Board (5-0) adopted a resolution providing Michele May with additional pay for serving as Madera County’s Interim Director of Human Resources.
6.i. 8519: The Board (5-0) ratified the Memorandum of Understanding between Madera County and the Post Graduate Licensed Professional Unit for a three (3) year term from July 1, 2021 – to June 30, 2024.
6.j. 8520: The Board (5-0) ratified the Memorandum of Understanding between Madera County and the Mid-Management Unit for a three (3) year term from July 1, 2021 – to June 30, 2024.
6.k. 8551: The Board (5-0) adopted an Agreement (State Grant No. 22- 10174) with the California Department of Public Health for $961,885.00 to establish or expand upon existing Local Oral Health Programs by including the following program activities related to oral health in their communities: education, disease prevention, facilitating community-clinical linkages, and surveillance for 2022-2027.
6.l. 8548: The Board (5-0) approved an ordinance to add Section 2.31.040, to Chapter 2.31 of Title 2 of the Madera County Code about the Sheriff’s Office’s acquisition and use of “Military Equipment,” as defined in Assembly Bill (“AB”) 481.
6.m. 8419: Water meter installation and work-order management software services.
1. The Board (5-0) entered an Agreement with Aqua Metrics Sales Company for $571,673.21 for meter installation and work-order management software services for the CSA01, Indian Lakes and MD-19 A&B, Parkwood water systems in Madera County.
2. The Board (5-0) authorized the Chief of Development Services or his designee to issue the Notice to Proceed for each task under the contract provisions.
3. The Board (5-0) authorized the AuditorController to issue payments for contingencies up to 10 percent of the total contract award amount per established County policy.
4. The Board (5-0) authorized the Chief of Development Services or his designee to solely issue and approve contract change orders under the Public Contract Code, not to exceed authorized contingencies.
The Board (5-0) approved 6.m.
The Board held public hearings on the following:
7.a. 8477: Yosemite Resort.
1. Public Hearing to adopt a Resolution approving an Economic Incentive Agreement with Yosemite Resort, LLC.
2. Discussion and consideration of entering into an Agreement with Yosemite Resort, LLC for the County to provide an economic incentive to develop a new concept Hotel, Corporate Training & Conference Center, and Outdoor Team Building Course in Oakhurst.
Deputy County Administrative Officer for Finance Joel Bugay clarified that the agreement covers 25 years and will supersede the earlier agreement on Oct. 28, 2018.
The pandemic and market forces changed the ownership structure and design requirements.
The Board (5-0) approved item 7. a.
Groundwater Sustainability Agencies (GSA) reports cover the following items:
8.a. 8562: Presentation and update on Madera County Groundwater Sustainability Agencies (GSA)
In the Madera subbasin, the Madera GSA received a letter from the State Board highlighting the lack of coordination between the seven entities in the subbasin.
Groundwater Sustainability Plans (GSP) in Chowchilla and Delta-Mendota are under revision.
While allocations are in effect, the Department organized a Grower Workshop on Irriwatch upgrades on April 25, 2022.
The Madera GSA will organize a public workshop on the science of satellite measurements on June 8, while a verification project is underway with 23 growers signing up.
On the rate study, the public hearing is on June 21.
Prop 68 planning grant totals $400,000 to Madera Subbasin and $500,000 to Chowchilla Subbasin.
The grant includes domestic well inventory and installation of monitoring wells. The technical memos on the domestic well inventory are in the rate study.
On the first round of implementation of Prop 68, the grants total $4.2 million for the Madera Subbasin and $4.2 million for Chowchilla Subbasin. Projects are at 30 percent design.
In the second round, Root Creek Water District and Triangle T are the grants administered for portfolios of projects that include:
- Recharge in the County GSA in Madera Subbasin for $508.100
- Recharge in the County GSA in Chowchilla Subbasin for $3.222.909
Madera GSA applied for the Multi-Benefit Repurposing Grant, totaling $10 million. Notifications will occur in mid-May.
The grant would cover projects besides water-saving, such as pollinator habitats and others.
Farmers Ralph Pister and Ryan Jones, a farmer, urged the Board to “push back” the $245 per acre annual water fee.
Jones shared his concern with the board that the water levels have dropped 20 to 50 feet per year.
Ultimately, he sought a pause on GSA implementation to ease the concerns of farmers.
Mark Peters, a grower, suggested to the Madera GSA a report to be sent to growers in July regarding the accuracy of the Irriwatch data.
President of Stanislaus Farm Supply Nick Biscay urged the Board to support farmers.
On Prop 218, the public hearing resulted in a majority protest vote on the rates.
8.b. 8521: Presentation and direction to staff regarding proposed penalties and fees.
Staying within allocations is reinforced with appropriate penalties. Penalties need to be structured to be fair but also serve their purpose.
Initially, County GSA could provide some tolerance for the determination of going over an allocation based on scientific studies on precision.
The GSA can modify the penalty structure over time to comply with Sustainable Plan goals.
The first option for penalty is not to exceed $500 per acre-foot above the authorized water extracted.
The second option is the fee imposed for extraction over the allocation, which would need a Prop 218 process.
The third option is a penalty of $1000 plus $100 each day after the notice period.
Madera GSA will use the penalties for Sustainable Groundwater Management Act (SGMA)-related projects such as additional domestic well mitigation, accelerating land retirement, and water purchases.
Leticia Garcia from Leadership Counsel for Justice and Accountability urged the Board to implement strict overpumping penalties.
Director of Water and Natural Resources Stephanie Anagnoson urged the Board to wait for the rate study before giving directions on penalties.
8.c. 8561: The Board (5-0) approved a resolution establishing procedures for reviewing new or altered groundwater wells and verifying consistency with adopted groundwater sustainability plans.
Director Anagnoson clarified that the resolution excludes domestic wells.
The pending legislation centered on the following:
9.a. 8583: The Board (5-0) authorized a letter supporting Assemblymember Frank Bigelow’s request for a one-time funding allocation which addresses an error in Madera County’s allocation of property taxes in previous years.
During the closed session, the board discussed the following items:
2.a. 8569: Request for Closed Session: Government Code Section 54957.6
Conference With Labor Negotiators
Agency designated representatives: Joel Bugay, Deputy County Administrative Officer-Finance, and Susan Carter, Human Resources Manager
Employee Organization: All Units
2.b. 8596: Request for Closed Session: Government Code Section 54956.9 (d)(1) Conference With Legal Counsel – Existing Litigation
Name of Case: Keith Trout, as the proposed guardian ad litem of minor; et al. v. County of Madera et al. (U.S. District Court, Northern District of California, Case No. 3:21-cv-06061-TSH
The meeting lasted until noon. The next board meeting will be on Tuesday, June 14, 2022, at 9:00 am.
If you believe anything in these notes is inaccurate, please email us at Documenters-admin@fresnoland.org with “Correction Request” in the subject line.