Here’s what you need to know:
- Public Health Officer Dr. Simon Paul said that the County has the lowest case rate of 1.7 percent, with a positivity rate of 1.1 percent. In the short term, the number of cases is “good.”
- The Board (5-0) approved the application of Kais Petroleum for a Letter of Public Convenience and Necessity.
- Board (5-0) accepted the Draft Rate Study Report to allow GAs staff to finalize the Rate Study Report and begin noticing affected parcels under Proposition 218.
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, April. 12, 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:
- Director of Water and Natural Resources Stephanie Anagnoson
- Anna Wattenbarger from Master Gardener
- Public Health Officer Dr. Simon Paul
- Senior Planner Jamie Dax from the Community and Economic Development-Planning Division
- Michelle Stevens from District 1
- Jack Rice from Madera Ag Water Association
- Leticia Casillas Luquin from Leadership Counsel for Justice and Accountability
Discussions/Actions
The council (5-0) voted to support a letter for AB 2878 relating to the proper use of forest biomass waste on the agenda.
In public comment, Anna Wattenbarger invites the public to a Master Gardeners tour on April 30 from 9 am to 1 pm.
Master Gardeners have two gardens, each in Madera Ranchos and Madera.
The board unanimously (4-0) approved items A to N.
A. 8316: Amendment to MCC No. 11788-20 with Fresno H.O.P.E. Animal Foundation, amending the Compensation amount for spay/neuter services.
B. 8456: Agreement with California Mental Health Services Authority for Central Regional Partnership – OSHPD WET Program for Fiscal Years 2020-2026.
C. 8302: Audit Report and related Financial Statements of the Community Action Partnership of Madera County for the year ended June 30, 2021.
D. 8453: Amendment to MCC No. 680-C-68 with Krikor Vartanian for a partial non-renewal of the Williamson Act as it affects APN 051-146-021.
E. 8431: Resolution authorizing the County of Madera to declare 332 S. Madera Avenue (APN 012-054-014) to be surplus land.
F. 8428: Transfer of Appropriations No. 21-118 for $14,096.00 transfer from Fire-MTCE – Equipment to Equipment/Furniture >$5,000.00 for the Fiscal Year 2021-2022.
G. 8429: Transfer of Appropriations No. 21-119 for $18,143.00, transfer from Fire-P & S-CDF Contract to Equipment/Furniture >$5,000.00 for the Fiscal Year 2021-2022.
H. 8356: Monthly report of employee transactions for March 2022.
I. 8457: Transfer of Appropriations No. 21-114, for $5,219.00 derived from Library Administration – Special Department Expense to Equipment/ Furniture > $5,000.00 for the Fiscal Year 2021-2022.
J. 8458: Receipt of Unanticipated Revenue No. 21-111 for $7,200.00 derived from Library Administration – Other Government Agencies to Special Department Expense for the Fiscal Year 2021-2022.
K. 8459: Receipt of Unanticipated Revenue No. 21-112 for $4,998.00 derived from Library Administration – Other Government Agency to Special Department Expense for the Fiscal Year 2021-2022
L. 8445: Receipt of Unanticipated Revenue No. 21- 145, for $50,000.00, derived from Probation AB1913 Juvenile Justice-Operating Transfers Into Permanent Salaries for the Fiscal Year 2021-2022.
M. 8449: Resolution authorizing the submittal of a proposal to the California Governor’s Office of Emergency Services (CalOES) for grant funds.
N. 8427: 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 to its 2023-FMAP-MCFCWCA-01 Project.
The Board discussed the following items:
6.a. 8247: Update on COVID-19 and current vaccination administration status for Madera County residents.
Public Health Officer Dr. Simon Paul said that the County has the lowest case rate of 1.7 percent, with a positivity rate of 1.1 percent.
BA-2 variant accounts for 70 percent of hospital cases. In the short term, the number of cases is “good.”
He announced guidance that if individuals have COVID, they must wear masks. The Department of Public Health is working with pediatric clinics in expanding vaccinations.
Pending legislation centered on:
7.a. 8444: Hearing to consider the request of Jones Snyder & Associates to amend section 18.08/3-325 of Ordinance 525.
APN’s 065-220-061, -062, and -063 have initially been split by deed, violating the Subdivision Map Act.
APN 065-220-044 is included in the rezone for the expedition of a future Lot Line Adjustment. The certificate of compliance and Rezone will validate the parcel(s) use and development and establish compliance with the Subdivision Map Act.
Since the initial study has no concerns, staff prepared a CEQA negative declaration.
The proposed project is on the northeast corner of the intersection of Road 222, Pettitt Road, and the Bass Lake area.
Staff and Planning Commission recommends approval of CZ#2021-002, subject to conditions, and ND #2021-23.
The Board (5-0) approved the CZ#2021-002, subject to conditions, and ND #2021-23.
7.b. 8454: Hearing to consider the application of Kais Petroleum for a Letter of Public Convenience and Necessity.
The application of Kais Petroleum for a Letter of Public Convenience and Necessity to obtain a Type 20 off-premise license will allow the sale of beer and wine at an existing service station.
Kais Nakkoud owns the property located on the west side of Road 4, approximately 800’ south of its intersection with State Highway 152 (22792 Road 4) Chowchilla.
The parcel (APN 020-090-014) is zoned CRG (Commercial, Rural, General).
The Board (5-0) approved the application of Kais Petroleum for a Letter of Public Convenience and Necessity.
GSA reports are as follows:
8.a. 8396: Presentation and direction by staff to notice rates to affected parcels.
The GSA developed three groundwater sustainability plans (GPs) with projects and management actions in 2018 and 2019
The board adopted GPs and included Recharge, Sites Reservoir, Domestic Well Mitigation, and Land Repurposing.
Groundwater Sustainability Plans are pending approval from the Department of Water Resources.
The Water Resources Department conducted extensive public outreach to develop an allocation and key project details to develop costs.
The department also developed flexibility with the farm unit concept to manage water as a more significant economic unit than the acre.
Moreover, the department has been aggressive about water supply augmentation before demand reduction.
The rate study objectives are as follows:
- Develop fees for service for the County GSAs’ three subbasins
- Identify all capital and operations costs for each sub basins’ projects and management actions
- Evaluate different funding options and financing scenarios
- Develop a long-term financial plan for the self-sufficiency of the County GSAs
- Design rates to recover costs based on the financial plan and the Board’s policy preferences
- Document the study and participate in the procedural requirements of fee adoption
Board gave direction to finalize the rates noticing with a flat rate for five years.
A flat rate means the same rate per enrolled acre in year one as in year five.
Fixed rates assume all unused water is “carried over” to the following year. Carryover can occur from year to year.
For April 12, 2022, the staff recommends that the Board accept the Draft Rate Study Report to allow GAs staff to finalize the Rate Study Report and begin noticing affected parcels under Proposition 218.
On June 21, 2022, the Board will hold a public hearing on County GSA rates.
The Board will receive and count protests from affected parcels. When a majority protest is absent, the Board may adopt the rates as noticed.
Authorization to begin public notice of rates does not commit Board to project implementation details.
Board will separately approve rules for Land Repurposing (SALC), Domestic well mitigation, Final Sites participation, and Recharge.
Authorization of the rate proposal allows project development to move forward.
Rate adoption resolution (absent a majority protest) will include:
- The department will give annual financial updates with the ability to adjust rates downward if:
- Projects do not progress on the current timeline
- Other revenues are materially more extensive than current estimates
- Project and programmatic details cause a change in future costs
If financially prudent, the Board may elect to implement rates lower than those adopted without having to re-notice and re-adopt.
Staff recommendations to the board consist of:
- Accepting Rate Study Draft Report
- Allowing public noticing of affected parcels
- Setting Public Hearing date on County GSAs rates for June 21. 2022
- Directing staff to return to the board within 30 days to give direction regarding penalties
- Continue small and large workshops through the protest period
Supervisors Frazier and Poythress asked for flexibility in rate penalties. Supervisor Poythress asked for a “bigger picture” analysis of the rate study for growers.
If we are unable to implement the GSPs
- No new water, recharge, help for domestic wells, and funds for repurposing land
Failure to comply with GSPs would lead to state intervention and lawsuits, loss of grant funds, and worse allocations.
Director of Water and Natural Resources Stephanie Anagnoson clarified that the rate would fund the projects and not the penalties.
Jack Rice from Madera Ag Water Association asked for clarification on terms in the rate study.
Leticia Casillas Luquin from Leadership Counsel for Justice and Accountability stated rate study has low penalties.
Board (5-0) accepts the Draft Rate Study Report to allow GAs staff to finalize the Rate Study Report and begin noticing affected parcels under Proposition 218.
Pending legislation involves:
9.a. 8489: The Board (5-0) approved to ratify the attached letter of support for taking all necessary actions to allow and assist with the expanded production of oil leases within the State of California to help alleviate record energy prices and to provide for domestic energy security.
During the closed session, the board discussed the following items:
2.a. 8473: 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. 8492: Request for Closed Session:
Government Code Section 54956.9 (d)(1)
Conference With Legal Counsel – Existing Litigation
Name of Case: BNSF Railway Company v. Alameda County, et al. (United States District Court, Northern District of California, Case No. 4:19-cv07230-HSG)
The Board (5-0) adopted the memorandum of understanding to implement the final judgment in the BNSF Railway Company v. Alameda County case.
The Board (5-0) adopted the stipulation for entry of judgment. It proposed a final decision regarding Alameda, Contra Costa, Fresno, Kern, Madera, Merced, Orange, Plymouth, Riverside, San Bernardino, San Diego, San Joaquin, Stanislaus, and Tulare counties.
2.c. 8498: Request for Closed Session:
Government Code Section 54956.9 (d)(1)
Conference With Legal Counsel – Existing Litigation
Name of Case: Elizabeth Cardoza; Clay Daulton; David Gill; Landon Gill; Michele Lasgoity; Monica Lasgoity; Rosemary Lasgoity; Jeff Lefors; Mark Peters; Sally Roberts; Candace Khanna; Rakesh Khanna; Taisto Smith; SWD Investments, Inc.; SWD Investments – Fulton Ranch, Inc. vs. The Madera County Groundwater Sustainability Agency (Madera County Superior Court Case Number MCV06218)
2.d. 8486: Request for Closed Session:
Government Code Section 54957
Public Employee Appointment/Employment
Title of Position: Director of Community and Economic Development
The meeting lasted until noon. The next board meeting will be on Tuesday, April. 19, 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.