Here’s what you need to know:
- Guadalupe Nuña, a Lavina resident, requested the Board to invest in broadband access and street lighting.
- Madeline Harris from Leadership Counsel for Justice and Accountability urged the Board to seek feedback on the unmet transportation needs around the County through in-person meetings.
- The Board (5-0) entered into an agreement with Madera Community Hospital for $1 million for a grant to upgrade the pharmacy facility through the American Recovery Plan Act for the Fiscal Year 2022-2025.
- The Board (5-0) approved the Measure T Renewal Investment Plan and Implementation Guidelines.
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, July. 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:
- Jared Carter from the Department of Public Works
- Chief of Developmental Services Matthew Treber
- County Administrator Jessica Leon
- Director of Water and Natural Resources Stephanie Anagnoson
- Leadership Counsel for Justice and Accountability Regional Policy Manager for Madera and Merced Counties Madeline Harris
- Leanne Park from Leadership Counsel for Justice and Accountability
- Guadalupe Nuña
- Jose Fuentes
Discussions/Actions
Guadalupe Nuña, a Lavina resident, requested the Board invest in broadband access and street lighting.
The Board (5-0) unanimously approved items A to AN in the consent agenda.
A. Regular Meeting Minutes for June 21, 2022.
B. 8682: The Board (5-0) entered into an Amendment to MCC No. 6654T-C-2021 with Megabyte Systems, Inc. for $19,544.13 per month ($234,529.56 per year) for the property tax software plus $3,662.29 for the Tax Collector Public Web Module, $3,283.83 for the Transient Occupancy Tax Module and $3,488.23 for the Online Business Property Filing Maintenance and Support for the Fiscal Year 2022-2023.
C. 8715: The Board (5-0) entered into an Agreement with Ramon Q. Raypon, MD, in the amount of $249,600.00 for part-time psychiatrist services for the Fiscal Year 2022-2023.
D. 8718: The Board (5-0) entered into an agreement with the Department of Housing and Community Development for $217,522.00 to assist in the development, operation, and maintenance of a rental housing development for the Sugar Pine Village for the Fiscal Years 2022-2052.
E. 8721: The Board (5-0) adopted a Resolution authorizing acceptance of the Madera County non-competitive allocation award under the No Place Like Home Program.
F. 8725: The Board (5-0) entered into an Agreement with Valley Teen Ranch for Short-Term Residential Therapeutic Program Services for Fiscal Years 2022-2023.
G. 8734: The Board (5-0) entered into an Agreement with Canyon Manor to provide mental health residential care for Madera County Behavioral Health Services clients for the Fiscal Year 2022-2023.
H. 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.
I. 6072: The Board (5-0) reaffirmed Resolution No. 2020-032, ratifying and extending the declaration of a Local Emergency and Local Health Emergency (COVID-19).
J. 8309: Appointments to the Fish and Game Fine Committee.
1. The Board (5-0) reappointed Norman Kuhr as District 2 representative and Len Cargill as District 4 representative for June 30, 2024.
2. The Board (5-0) reappointed Don Nielsen as District 1 representative and Jeff Cerioni as District 3 representative for January 1, 2025.
3. The Board (5-0) reappointed Dennis Dudley as Member at Large for January 1, 2025.
4. The Board (5-0) appointed Brett Camacho as Member a Large to fill the vacancy left by the resignation of Mitch Melikian for a term ending June 30, 2024.
K. 8683: The Board (5-0) entered into an agreement with the Community Action Partnership of Madera County in an amount not to exceed $277,136.00 to provide the Strengthening Families Program (SFP) and Positive Parenting Program (Triple P) for the Fiscal Year 2022-2023.
L. 8664: The Board (5-0) entered into an Amendment to MCC No. 11415A-20 with Johnson Controls Fire Protection, LP in the amount of $119,467.39 amending the Term and Scope of Services for fire notification systems equipment servicing, inspections, and monitoring for the Fiscal Year 2022-2025.
M. 8713: The Board (5-0) approved Transfer of Appropriations No. 21-156 for $60,000.00 transfer from Building Maintenance – Retirement and Co Group Insurance Contribution to Maintenance-Building/Improvements-Jail and Professional & Specialized Services for the Fiscal Year 2021-2022.
N. 7925: The Board (5-0) 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.
O. 8706: The Board (5-0) approved the Receipt of Unanticipated Revenue No. 21-230 for $2,775.00 derived from Library Administration – Other-Government Agency to Special Department Expense for the Fiscal Year 2021-2022.
P. 8714: The Board (5-0) approved the Receipt of Unanticipated Revenue No. 21-231 for $800.00 derived from Library Administration – Other Government Agencies to Special Department Expense for the Fiscal Year 2021-2022.
Q. 8733: The Board (5-0) approved the Receipt of Unanticipated Revenue No. 21-227 for $2,483.00 derived from Library Administration – Other-Government Agency to Special Department Expense for the Fiscal Year 2021-2022.
R. 8701: The Board (5-0) reappointed Roy Catania to the Lower San Joaquin Levee District Board of Directors for a term expiring June 2026.
S. 8703: The Board (5-0) approved the Madera Cemetery District’s annual budget for the Fiscal Year 2022-2023.
T. 6644: The Board (5-0) reaffirmed Resolution 2020-123 declaring a Local Health Emergency (Creek Fire) by the County Health Officer.
U. 8694: The Board (5-0) entered into an agreement with the County of Santa Cruz for the Medi-Cal Administrative Activities (MAA) and Targeted Case Management (TCM) program for the scope of work, payment, and fee structure for Fiscal Years 2022-2025.
V. 8716: The Board (5-0) agreed with the California Department of Health Care Services (State Agreement No. 22-20011) in an amount not to exceed $4.5 million for Medi-Cal Administrative Activities Services for Fiscal Years 2022-2025.
W. 8720: Landfill Tipping Fee Cost of Service Study and Financial Forecast.
1. The Board (5-0) entered into an Agreement with Raftelis Financial Consultants, Inc. for $44,760.00 to provide professional financial analysis services for the Fiscal Year 2022-2023 County Solid Waste tipping fees.
2. The Board (5-0) authorized the Auditor-Controller to issue payments for contingencies up to 10 percent of the agreed amount per established County policy.
3. The Board (5-0) authorized the Chief of Development Services or his designee to issue and approve Contract Change Orders under Contract Code, not to exceed authorized contingencies.
X. 8748: The Board (5-0) adopted a revised Resolution adopting a list of projects for the Fiscal Year 2022-2023 funding from SB-1: The Road Repair and Accountability Act of 2017.
Y. 8746: Technical Transportation Planning Services.
1. The Board (5-0) entered into an Agreement with Moy & Associates for $112,985.00 to provide technical transportation planning services for the Fiscal Year 2022-2023.
2. The Board (5-0) authorized the Chief of Development Services to issue the Notice to Proceed.
3. The Board (5-0) authorized the Auditor-Controller to issue payments for contingencies up to 10 percent of the contract award amount per established County policy.
4. The Board (5-0) authorized the Chief of Development Services to solely issue and approve Contract Change Orders under the Public Contract Code, not to exceed authorized contingencies.
Z. 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.
AA. 6908: The Board (5-0) reaffirmed Resolution No. 2020-123 ratifying and extending the declaration of a Local Emergency for the Creek Fire.
AB. 7047: The Board (5-0) reaffirmed Resolution No. 2021-015 ratifying and extending the declaration of a Local Emergency (winter storm events).
AC. 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.
AD. 8578: The Board (5-0) entered into an Agreement with American Paving Company for $152,600.00 for Mono Wind Event Repairs for Fiscal Years 2021-2023.
AE. 8588: The Board (5-0) approved to add an Armored Vehicle to the County’s Fleet through the 1033 program.
AF. 8732: The Board (5-0) entered into an Agreement with Aramark Correctional Services, LLC for commissary and food services provided for the Madera County jail facility and the Madera County Juvenile Hall for five years with the option to extend one year at a time after that.
AG. 8704: The Board (5-0) approved the Transfer of Appropriations No. 21-229 for $300,000.00 transfer from Social Services Administration – Permanent Salaries to Fixed Assets for the Fiscal Year 2021-2022.
AH. 8719: The Board (5-0) entered into an agreement with the Regents of the University of California (CW-2022-16) on behalf of its Davis Campus Continuing and Professional Education curriculum for $110,670.00 for training to designated Child Welfare Services staff employed by the Department of Social Services for the Fiscal Year 2022-2023
AI. 8722: The Board (5-0) agreed with the Regents of the University of California (EW-2022-16) on behalf of its Davis Campus Continuing and Professional Education in the amount of $158,100.00 for training services for designated Eligibility Workers, Employment, and Training Workers and support staff employed by the Department of Social Services for the Fiscal Year 2022-2023.
AJ. 8747: The Board (5-0) adopted a Resolution delegating investment authority to the office of the Treasurer-Tax Collector for Fiscal Year 2022-2023.
AK. 8707: Workforce Development Board Re-appointments.
1. The Board (5-0) reappointed Cindy Vail, Private Sector, to the Workforce Development Board for an additional three-year term to expire on August 23, 2025.
2. The Board (5-0) reappointed Mike Fursman, Labor Sector, to the Workforce Development Board for an additional three-year term to expire on August 23, 2025.
3. The Board (5-0) reappointed Michelle Brunetti, Private Sector, to the Workforce Development Board for an additional three-year term to expire on August 23, 2025.
AL. 8695: The Board (5-0) entered an Amendment to MCC No. 11686B-22 with Davids Engineering, Inc. for $939,571.00 to expand the scope for emergency recharge services in the fifth proposal.
AM. 8730: Madera Ranchos Water System Improvements Project.
1. The Board (5-0) entered into an Amendment to MCC No. 11173A-21 with Wood Rodgers, Inc. to increase the contract by $154,701.00 from $1,089,434.00 to $1,244,135.00 for additional professional engineering and construction support services for Maintenance District 10A Madera Ranchos Water System Improvements Project
2. The Board (5-0) authorized the Chief of Development Services or their designee to issue payments for contingencies up to 10% of the agreed amount per established County policy.
3. The Board (5-0) authorized the Chief of Development Services or their designee to issue and approve Contract Change Orders under Contract Code, not to exceed authorized contingencies.
AN. 8729: Fairmead Water Project.
1. The Board (5-0) entered into an Amendment to MCC No. 11714A-21 with Wood Rodgers, Inc. to increase the compensation and cost by $60,475.00 for a total of $343,717.00 for other professional engineering and construction support services for Maintenance District No. 33, Fairmead.
2. The Board (5-0) authorized the Chief of Development Services or their designee to issue payments for contingencies up to 10 percent of the agreed amount per established County policy.
3. The Board (5-0) authorized the Chief of Development Services or their designee to issue and approve Contract Change Orders under Contract Code, not to exceed authorized contingencies.
The Board discussed the following:
6.f. 8711: The Board (5-0) entered into an agreement with Madera Community Hospital for $1 million for a grant to upgrade the pharmacy facility through the American Recovery Plan Act for the Fiscal Year 2022-2025.
On March 11, 2021, Congress and the President of the United States signed the American Recovery Plan Act (ARPA) of 2021.
On June 01, 2021, your board provided staff direction to bring in funds related to the
Coronavirus State and Local Fiscal Recovery Funds (SLFRF), a part of the ARPA.
Madera County was awarded $30,558,925.00 of funds from the Federal Government as
part of this act.
During the COVID-19 pandemic, Madera Community Hospital (MCH) was on the
frontlines of testing and vaccination services, in addition to continuing to provide
medical services to residents of Madera County.
As the pandemic has changed, MCH has started to look at projects to expand its outreach to the community.
One of the items they would like to expand is the size of their pharmacy. The pharmacy currently provides 130,000 (one hundred thirty thousand) prescriptions to be filled annually for hospital patients.
With your action today, that output can be increased by 25 percent.
Additionally, the newly expanded pharmacy will be able to manage more testing and
vaccination services during this current pandemic and in future health crises.
Staff recommends approval of the attached grant agreement in the amount of
$1,000,000.00 (one million dollars) will be awarded to Madera Community Hospital for
completing the pharmacy project.
6.g. 8717: The Board (5-0) adopted a Resolution to continue providing Deputy Assessor-Real Property Brian Glover with supplemental pay for additional duties as Acting Assessor.
6.h. 8212: Presentation and request for comment regarding the California Truth & Values Act.
Truth Act (Assembly Bill 2792), Chapter 768, enacted on January 1, 2017, Established a mechanism for inmates to consent to or refuse ICE interviews.
The Act established a requirement to notify inmates and their attorneys upon receipt of detainers.
Beginning January 1, 2018, AB 2792 required local governing bodies to hold a public hearing regarding providing ICE access to individuals.
“ICE access” means all the following:
- Responding to an ICE hold, notification, or transfer
- Providing notification to ICE in advance of the public that an individual is being or will
be released at a certain date and time through data sharing or otherwise
- Providing ICE non-publicly available information regarding release dates, home
addresses, or work addresses, whether through computer databases, jail logs, or otherwise
- Allowing ICE to interview an individual
- Providing ICE information regarding dates and times of probation or parole
Values Act (Senate Bill 54), enacted on January 1, 2018, Built upon the Truth Act by prohibiting law enforcement cooperation with ICE, except under limited circumstances.
Greatly limited ICE access to the jails and prohibited exclusive ICE office space within law enforcement facilities.
SB 54 established a list of qualifying criminal offenses that allow for limited notification to ICE.
Madera County Sheriff’s Office may only respond to an ICE request under the following criteria;
- The individual has been convicted of a serious or violent felony
- The individual has been convicted of a felony punishable by imprisonment in the state prison
- The individual is a current registrant on the California Sex and Arson Registry
- The individual is arrested for a serious or violent felony, and after a preliminary hearing, the magistrate has determined there is probable cause to hold the individual to answer for the crime
- The individual has been convicted within the past five years of a “wobbler* misdemeanor
In 2020, the County received 4187 bookings and 84 detainers.
In 2020, the County received 4417 bookings, 23 detainers, and two released to ICE.
6.i. 8726: 2022 Measure T Renewal Investment Plan and Implementing Guidelines for extension of Measure T.
1. Presentation on the Measure T voter-approved 0.5 percent Transportation Sales Tax Renewal Investment Plan and Implementing Guidelines for extension of Measure T.
2. Discussion and consideration to adopt a Resolution approving the Measure T Renewal Investment Plan and Implementation Guidelines and designating the Madera County 2006 Transportation Authority.
Measure T is part of a continuum of sales tax measures to fund transportation improvement projects and programs throughout the Madera County region.
Between 1990 and 2005, the region benefited from Measure A revenues, providing a total of $115 million in transportation funding.
The $115 million included $50 million in leveraged state and federal funds.
Measure A funding allowed various projects to be completed for Madera County and the cities of Madera and Chowchilla.
In 2006, voters approved the current Measure T Transportation Sales Tax Program, a retail transaction and used tax of 0.5 percent imposed in the incorporated and unincorporated territory of the County.
Revenue projections estimate $213 million in funding for transportation improvements through March 31, 2027, with proceeds principally reserved for regional projects, local transportation projects, public transportation, and environmental enhancement projects.
The Measure T Transportation Sales Tax Program (Program) is administered by MCTA under plans and programs outlined in the Program’s Strategic (2021) and Investment (2006) Plans.
The Measure T Sales Tax Program focuses on maintaining a strong economy, fixing existing streets/roads, and enhancing public safety.
MCTA administers the Measure T Program in compliance with Public Utilities Code 180000 – the Local Transportation Authority and Improvement Act and is represented by six members, including:
- Three members of the Board of Supervisors, appointed by the Board Chair
- Two members representing the City of Madera; Council members appointed by the Mayor
- One member representing Chowchilla; Council member appointed by the Mayor.
MCTA also works closely with the local agencies to move all programs forward simultaneously and strives to provide a balanced expenditure of funds throughout the County.
MCTC is the Regional Transportation Planning Agency (RTPA) and the Metropolitan Planning Organization (MPO) for Madera County.
As such, MCTC is responsible for developing and adopting the Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) and the Transportation Improvement Program (TIP) as required by State and federal law.
MCTC assists MCTA with preparing the Measure T Strategic Plan and Annual Work Program to ensure that the programs and projects contained in the Plan and Program are consistent and supported by the RTP/SCS and TIP. MCTC provides staff services to MCTA to prepare all Measure T Program-related documents.
MCTA and MCTC are responsible for the Madera County regional transportation system by planning, funding, programming, and monitoring critical transportation infrastructure projects and programs.
The Measure T guiding principles include:
- Repair and maintenance of streets and roads in existing neighborhoods
- Improved system of active transportation projects (bicycles, pedestrians, and trails)
- Local transportation needs
- Transportation projects that improve community health and air quality and reduce greenhouse gas emissions
- Improved regional transportation
- New technologies
Public engagement consists of 13 Steering Committee meetings, two public opinion polls, stakeholder presentations, community surveys, and social media.
Through a tracking study, staff determined that 572 District voters would likely participate in the November 2022 election.
For Measure T to be approved, 66.67 percent or two-thirds votes are needed.
The proposed Transportation Measure T Renewal Investment Plan has a 30-year revenue projection of $866 million.
The County will revisit the Investment Plan every 15 years to address changes in transportation.
Measure T3 allocation is as follows:
- Community and Neighborhood Streets and Roads (62.5 percent)
- Major Routes, Access, and Safety Improvements (25 percent)
- Safe Routes to School and Pedestrian and Bike Safety (4 percent)
- Public Transit (4 percent)
- Clean Air and Safe Technologies (3 percent)
- Administration and Planning (1.5 percent).
Madeline Harris from Leadership Counsel for Justice and Accountability urged the Board to seek feedback on the unmet transportation needs around the County through in-person meetings.
Leanne Park from Leadership Counsel for Justice and Accountability sought the Board to allot Measure T funds to support communities such as Lavina and Fairmead.
Jose Fuentes from Madera spoke on the transportation needs of rural communities and providing language access.
He stated that the Measure T fund projects would harm the “air quality”, which can affect the health of “young people.”
6.j. 8646: Presentation and update on the acquisition of a final streambed alteration agreement with the California Department of Fish and Wildlife.
The agreement is effective as of 04/05/2022 and has a term of five years, with the opportunity to extend the agreement up to an additional five years.
It allows routine maintenance activities in the specified segments of the flood control channels limited to vegetation management, Arundo eradication, and debris/trash removal.
A Verification Request Form (VRF) must be submitted before any maintenance activities, at each instance, with a 14-day review period for CDFW.
The avoidance and minimization measures require a pre-activity survey considering several species: Tricolored blackbird, California Tiger Salamander, Burrowing Owl, Swainson’s Hawk, Western Spadefoot, American Badger, and San Joaquin Kit Fox.
There are also restrictions for work in the nesting season, from February 1 through August 31, unless surveys are completed for birds of prey and other bird species.
There are specific requirements for vehicle access and vehicle maintenance. In addition, any disturbed soils must be stabilized using satisfactory methods.
A Streambed Alteration Agreement is not a real permit, but it does allow the Agency to do work in the project channels if the specific processes are followed, and approvals are given.
The agreement only applies to projects completed by the Agency and its contractors. The agreement is not county-wide but covers specific waterway segments for which the Agency is responsible.
The agreement will allow the Agency to begin routine maintenance within the flood control channels.
The Agency is a Local Maintaining Agency for the federally constructed infrastructure offering flood protection along the Fresno, Chowchilla Rivers, and the Ash and Berenda Sloughs.
Signed assurance agreements with the US Army Corps of Engineers make the Agency responsible for routine maintenance of these facilities.
Before obtaining this agreement, the Agency was incapable of performing routine maintenance within the project channels, resulting in unacceptable ratings by the California Department of Water Resources and the United States Army Corps of Engineers.
These unacceptable ratings led to the loss of eligibility under PL 84-99, meaning that should project levees sustain damage during a flood event, the Agency would be ineligible to receive federal funding for repairs and reconstruction.
The Board held public hearing on the following:
7.a. 8523: Hearing to adopt a Resolution annexing territory to Zone of Benefit “B” within the service area and establishing assessments and fees.
On May 17, 2022, the Board of Supervisors approved the intent to annex APN 034-441- 043 and to set the hearing for June 21, 2022.
Public notice was published in the Madera Tribune on June 4, 2022, and public notices were posted on APN 034-441-043.
The Board opened a hearing at the June 21, 2022 board meeting, yet continued on July 12, 2022.
County Service Area 3 (CSA-03) is located southeast of the Madera City Limits.
It encompasses an area between Road 28 & Road 29½ and Avenue 14 & Avenue 13 and is in Madera County Supervisorial District 4.
Zone of Benefit “B” (CSA-03B) is located on the northwest corner of the intersection of Avenue 13 ½ and Road 29, which lies on the north side of CSA-03.
The Parksdale Self-Help Subdivision Project is being constructed in 5 Phases.
As part of Phase 1 and 2, a new water well was developed and is currently in operation.
The well was designed to supply potable and fire suppression water to all 5 Phases of the Self-Help Subdivision.
Sewage from the Self-Help Subdivision is conveyed to the existing CSA-03 sewer system.
CSA-03’s sewer system does not include a wastewater treatment facility. However, the CSA contracts with the City of Madera to receive and treat the sewage.
Phases 1, 2, 3, and 4 have been completed and are currently in CSA-03B, with Phase 3 being most recently annexed into CSA-03B by the Board in January 2016.
Phase 5 consists of Lots 93 through 129 of Map of Tract No. 291. Phase 5 will enter into an improvement agreement to construct infrastructure, including water, sewer lines, the storm drainage collection system, and roads.
Self-Help has requested that Phase 5 be annexed into CSA-03B to receive services as they will begin selling the lots and assisting with constructing one single-family dwelling per lot.
Annexation of Phase 5 into CSA-03B will cause these lots to be assessed the current rate charge equal to an equivalent dwelling unit and subject to an annual adjustment based on the Consumer Price Index (CPI) under previously adopted Resolution No. 2010-063.
The current assessment includes water, sewer, lighting, roads, parks, storm drainage, and fire suppression services.
Staff recommends the adoption of the resolution to annex APN 034-441-043 into CSA-3B to allow for the parcel to be connected to CSA-3B services and be assessed accordingly for services.
During the closed session, the board discussed the following items:
2.a. 8736: Request for Closed Session:
Government Code Section 54957.6
Conference With Labor Negotiators
Agency designated representatives: Joel Bugay, Deputy County Administrative Officer-Finance, Michele May, Interim Human Resources Director, and Susan Carter, Human Resources Manager.
Employee Organization: ALL UNITS
2.b. 8608: Request for Closed Session:
Government Code Section 54956.9 (d)(1)
Conference With Legal Counsel – Existing Litigation
Name of Case: Stanley Harris vs. Madera County (Madera County Superior Court Case Number MCV086378)
The meeting lasted until 1 p.m. The next board meeting will be on Tuesday, July 19, 2022, at 9 a.m.
If you believe anything in these notes is inaccurate, please email us at Documenters-admin@fresnoland.org with “Correction Request” in the subject line.