Here’s what you need to know:
- The Board (4-0) entered into an agreement with the Community Action Partnership of Madera County for $110,500.00 for administering the Madera County Senior Meal Program from July 1, 2022, to December 31, 2022
- The Board (4-0) entered into a Memorandum of Understanding between the Chowchilla Water District GSA, Madera County GSA, Merced County GSA-Chowchilla, and Triangle T Water District GSA to establish a domestic well mitigation program for the Chowchilla Subbasin of the San Joaquin Valley Groundwater Basin.
- On Measure T, the Board (4-0) adopted a resolution calling for a Special Election on retail transactions and using the tax ordinance.
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. 26, 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)
- Tom Wheeler (District #5)
Madera County Board of Supervisors Members not present:
- Letizia Gonzalez (District #4)
Others Present:
- Chief of Developmental Services Matthew Treber
- County Administrator Jessica Leon
- Attorney of Philter Investments, LLC and Drusilla Bratty, Michael Titus
- Mark Reed
- Mark Sobel
- Tony McLane
- Troy Brady
- Self Help Enterprises President Todd Collishaw
- Madeleine Harris from Leadership Counsel for Justice and Accountability
- Laurie Shaffer
- Dan Metz
- Tomas Chidis
Discussions/Actions
The Board (4-0) unanimously approved items A to I in the consent agenda.
A. The Board (4-0) approved the Regular Meeting Minutes for July 12, 2022, and Special Meeting Minutes for July 14, 2022.
B. 8804: First 5 Appointments.
1. The Board (4-0) reappointed Linda Bresee as the Unincorporated Valley Area representative to First 5 Madera County for a three-year term to expire June 30, 2025.
2. The Board (4-0) reappointed Consideration of approval to reappoint Karen V. Wynn as the Unincorporated Eastern Area representative to First 5 Madera County for a three-year term to expire June 30, 2025.
3. The Board (4-0) appointed Diane K. Saenz as the City of Chowchilla/Fairmead Area representative to the First 5 Madera County for a three-year term to expire June 30, 2025.
C. 8777: The Board (4-0) adopted a Resolution for Special Assessment authorizing special assessment on real property under Madera County Code Chapter 8.01 entitled Administrative Citations and Penalties.
D. 8784: The Board (4-0) entered into an Amendment to MCC No. 10928B-C-2021 with Zak’s Security One to provide security for the County Government Center, Parking Facility, County Library, County District Attorney/Probation office, and Courthouse Park for Fiscal Years 2022- 2024.
E. 8712: Monthly report of employee transactions for June 2022.
F. 8758: Community Based Organization COVID Vaccination Assistance.
1. The Board (4-0) entered into an Amendment to MCC No. 11906-21 with Central California Environmental Justice Network for $104,000.00, amending the Compensation and Costs.
2. The Board (4-0) entered an Amendment to MCC No. 11909-21 with Madera Coalition for Community Justice for $146,000.00, amending the Compensation and Costs.
G. 8755: The Board (4-0) entered into a Memorandum of Understanding between the Workforce Development Board (WDB) of Madera County and America’s Job Center of California (AJCC) for support of the local workforce development service system for Madera County for the Fiscal Year 2022-2025 with the following partner agencies:
1. California Indian Manpower Consortium (CIMC);
2. Central Valley Opportunity Center, Inc. (CVOC);
3. Employment Development Department (EDD);
4. The Housing Authority of the City of Madera;
5. Job Corps;
6. Madera Community College Center;
7. Madera County Department of Social Services;
8. Madera County Workforce Investment Corporation (WIOA);
9. Madera Unified School District (MUSD), Madera Adult School;
10. SER, Jobs for Progress, Inc.;
11. State of California Department of Rehabilitation (DOR);
12. State Center Adult Education Consortium;
H. 8745: The Board (4-0) entered into an Agreement with Live Oak Associates, Inc. for $1,230,500.00 for biological consulting services for the Vegetation Management Program required for compliance with Streambed Alteration Agreement 1600-2018-0160-R4 with the California Department of Fish and Wildlife for Fiscal Years 2023-2028.
I. 8750: The Board (4-0) entered into an Agreement with Tim R. Trull Electric, Inc. for $59,460.00 to provide labor & materials to install power and related improvements for the Ellis Basin Pump Station.
The Board discussed the following:
6.c. 8767: The Board (4-0) entered into an agreement with the Community Action Partnership of Madera County for $110,500.00 for administering the Madera County Senior Meal Program from July 1, 2022, to December 31, 2022.
On September 7, 2021, your Board approved the Senior Meals contract for the 2021- 2022 fiscal year.
The agreement was established between the County and Community Action Partnership of Madera County (CAPMC) and was meant to continue a food delivery program for about 80 seniors throughout the County.
CAPMC sub-contracted with Fresno Economic Opportunities Commission (FEOC) to prepare and deliver the meals.
CAPMC sub-contracted with FEOC to prepare and deliver meals to the seniors in need in the County as a result of Fresno Madera Area Agency on Aging’s (FMAAA) notice of the discontinuation of the senior congregate meals due to the COVID-19 pandemic.
FMAAA has announced that it intends to continue the program for the 2022-2023 fiscal year.
The application process is extensive and requires finding staff willing to accept part-time employment, to be able to operate the sites. Staff will work closely with CAPMC on the application process.
To avoid any interruption in service to the seniors in the County, staff recommend establishing a new contract that would essentially extend the term of the arrangement to December 31, 2022.
If your Board approves this amendment, CAPMC will continue to be responsible for the marketing and outreach of this program, reviewing eligibility forms, and ensuring seniors do not receive duplicated services.
6.d. 8816: County Clerk-Recorder/Elections Supplemental Pay.
1. The Board (4-0) adopted a Resolution providing Senior Deputy Clerk-Recorder, Daniel Garcia with 20 percent additional pay for the performance of additional duties for the Division Director for Election Services vacancy ($1,001.71/month).
2. The Board (4-0) adopted a Resolution providing Senior Deputy Clerk-Recorder, Jose Gonzalez with 20 percent additional pay for the performance of supplemental duties for the Division Director for Election Services vacancy ($954.01/month)
The recent vacancy of the Division Director for Election Services has necessitated the reassignment of significant duties in the County Clerk-Recorder/Elections Office. The additional duties are within the higher classification.
They have been assigned as follows: Senior Deputy Clerk Recorders Daniel Garcia and Jose Gonzalez, in addition to their regular duties, have assumed additional duties which include but are not limited to:
- Election Data File configurations
- Election Equipment programming
- Development and monitoring of the election activities calendar
- Coordination of the vote by mail program with the United States Postal Service
- Election Surveys/Candidate filings/Results Reporting to the Secretary of State
- Vote Center Coordination, setup, and deployment
- Vote Center Staffing and Vote Center Representative training
- Petition verification coordination
- Candidate filing oversight
- Voter education and outreach
- Ballot design, layout, and proofing
- Configuration, deployment, and monitoring of Remote Accessible Vote By Mail
- Coordination and monitoring of the Election Canvass
- Votemadera.com updates and content management
Human Resources is in the process of conducting a recruitment for the Division Director for Election Services vacancy.
6.e. 8826: Public Hearing about Measure T Extension.
1. The Board (4-0) adopted a resolution calling for Special Election on retail transactions and using the tax ordinance.
2. The Board adopted (4-0) a resolution supplementing and restating the resolution establishing the Madera County 2006 Transportation Authority.
Under Public Utilities Code Section 180206(b), a Transportation Expenditure Plan may not be finally adopted and placed before the voters until it has received the approval of the County Board of Supervisors and city councils.
All jurisdictions were asked to consider approval of the proposed 2022 Measure T Renewal Investment Plan and Implementing Guidelines (Included as Exhibit A and B in Authority Resolution 2022-03).
The Board of Supervisors, at its July 12, 2022 meeting, took action by Resolution 2022-094 to approve the 2022 Measure T Renewal Investment Plan and Implementing Guidelines and designate the Madera County Transportation Commission to continue to sit as the Madera County 2006 Transportation Authority.
The July 12, 2022, Board of Supervisors agenda packet provided a comprehensive staff report detailing the development of the Investment Plan and Implementing Guidelines.
The 2022 Measure T Investment Plan and Implementing Guidelines were also approved by the following jurisdictions and Authority:
- Madera City Council, July 6, 2022
- Chowchilla City Council, July 12, 2022
- Madera County Transportation Authority, July 20, 2022
The Authority approved Authority Resolution 2022-03, requesting a call for a special election by the Board of Supervisors on a retail transaction and use tax ordinance, consolidation of the election with the statewide general election to be held on November 8, 2022, and approving the investment plan and implementing guidelines.
In addition, the Authority, at its July 20, 2022 meeting, approved the first reading of the proposed retail transaction and use tax, Madera County 2006 Transportation Authority Ordinance 2022-01(Exhibit C in Authority Resolution 2022-03), and set the second reading and final approval for the August 31, 2022 meeting.
The California Public Utilities Code Section 180201 provides that after approval of the Ordinance by the Authority, the proposed tax ordinance must be approved by a two-thirds majority vote of the electors at a special election.
The special election on the measure is to be called by the Board of Supervisors.
Tomas Chidis urges the Board to distribute Measure T funds equitably among communities.
Madeleine Harris from Leadership Counsel for Justice and Accountability pointed to the lack of public input and education in Measure T meetings.
Dan Metz stated that Measure T tax must have a “sunset” clause and a list of projects.
Supervisor Poythress clarified that Measure T had substantial hearings and a list of projects.
6.f. 8783: The Board (4-0) entered into a Memorandum of Understanding between the Chowchilla Water District GSA, Madera County GSA, Merced County GSA-Chowchilla, and Triangle T Water District GSA to establish a domestic well mitigation program for the Chowchilla Subbasin of the San Joaquin Valley Groundwater Basin.
Over a year, the four groundwater sustainability agencies (GSAs) in the Chowchilla Subbasin have developed a domestic well mitigation memorandum of understanding (MOU).
The Domestic Well Mitigation MOU outlines the components of a domestic well mitigation program and the agreement to work together as a sub-basin to fund the program.
The Domestic Well Mitigation Program must be in place because the GSP’s acceptability hinges on this program’s implementation to mitigate the most vulnerable users.
The Chowchilla Subbasin Groundwater Sustainability GSAs will make a clear effort to get this program online by the end of the 180 days, e.g., having a fully executed Memorandum of Understanding (MOU) in place by the time the revised GSP is submitted.
The Board held a public hearing on the following:
7.a. 8772: Hearing to adopt a Resolution amending the Groundwater Sustainability Plan for the Chowchilla Subbasin
The Board will discuss the item at the next meeting.
7.b. 8776: Hearing to consider the request of Reese Real Estate & Investment Company for a Rezone (CZ #2022-001) from RMS (Residential Mountain Single-Family) District to CUM (Commercial Urban Median) District to allow for an addition of a storage building for an existing pumping, HVAC, and hardware supply retail establishment.
The property is owned by Reese Real Estate & Investment Company. It is located on the north side of Highway 49, approximately 368 feet north of Meadow Vista Drive, Oakhurst. Size: 2.53 acres. APN: 064- 070-009.
The Board will discuss the item at the next meeting.
7.c. 8781: Hearing to consider adoption of a Resolution denying the appeal to the Planning Commission’s decision to approve Conditional Use Permit #2022-002 subject to conditions, Mitigated Negative Declaration #2022- 12, Mitigation Monitoring Program, and concurrence with the Findings of Fact supporting approval.
The project will cover 12 3-story buildings with 112 units, which will house over 340 residents and include 150 parking spaces.
The appellants’, Philter Investments, LLC, and Drusilla Bratty, Michael Titus, said that the development would affect State Route 41, Road 46, commercial and retail centers along Road 26, and Sierra Way.
He stated that the developer used erroneous vehicle trip generation data.
Caltrans relied on the 140-trip estimate when providing their comments on February 9, 2022.
Despite Caltrans’ request, the Project never addressed any impact on State Route 41.
The Department of Public Works also appears to have formed their opinions regarding intersections to study based on the erroneous 140-trip figure.
The Traffic Study was not prepared until April 25, 2022.
Public Agencies relied on the erroneous 140-trip figure, and their comments predated the Traffic Study.
Traffic Engineer Dan Smith confirmed the County must inform all public agencies that a 140-trip total was an understatement.
Titus remarked that the project violates CEQA since the erroneous 140-trip figure was five times lower than the actual number of vehicle trips.
The Project’s traffic analysis was limited to two adjacent intersections (Road 426/Road 425B & Road 426/Road 427).
Despite the proximity to State Route 41 and Caltrans’ concerns, the project cannot study other intersections and establish a traffic management plan.
Traffic Engineer Dan Smith confirmed more analysis is required.
The Supreme Court has held regional impacts cannot be ignored.
He maintained that the Project does not adequately address onsite and offsite parking.
Local businesses and Oakhurst Elementary School compete for scarce parking resources.
The improvements to Sierra Way are not in the Project Description or Traffic Study.
Traffic Engineer Dan Smith confirmed the Project lacks parking and stated that low-income people often own more than one vehicle.
Smith affirmed that the Project’s residents would “poach” parking on neighbors’ properties.
Smith confirmed the County must further analyze the parking issues before approving this project.
The Developer’s Sierra Way Improvements are being proposed as a design feature instead of mitigation. Such actions are a clear violation of the California Environmental Quality Act (CEQA).
CEQA requires a lead agency to determine the extent of a project’s impacts before it may apply mitigation measures to reduce those impacts.
Air Quality Engineer Ray Kapahi found that the Staff Report’s findings of not having a significant impact on air quality were only speculative.
Kapahi stated that Staff Report needs to identify which Air Quality Plans would be impacted by this Project,
Under CEQA, the lead agency must consider whether the project’s cumulative effects are cumulatively considerable. Such analysis was not present.
In Kapahi’s experience, he stated that other projects similar to this development often violate the State’s 1-hour NOx and 24-hour PM-10 air quality standards.
Kapahi also found that during construction, the Project would release toxic air contaminants from diesel-fueled equipment.
The contaminants create negative health risks to the nearby homes, schools, and offices.
Kapahi concluded there is a fair argument that the Project could have a significant environmental effect.
The Traffic Study contained no discussion of transportation impacts.
The Initial Study/Mitigated Negative Declaration (IS/MND) only contained an “assumption” that affordable housing would have less than a significant environmental impact.
Oakhurst does not have a public transportation system. Many residents commute long distances to Fresno and Madera.
Traffic Engineer Dan Smith affirmed there is a fair argument that the Project would significantly increase vehicles traveling.
The IS/MND suggested this Project could have a potentially significant impact on the existing bridge structure and identified mitigation to minimize such impacts,
However, the IS/MND does not include any description of the potential impacts on the bridge structure or any explanation as to how the identification mitigation would reduce those impacts. Therefore, the IS/MND is incomplete.
The transportation discussion in the IS/MND states that the Project could significantly impact the intersections of 426/425B and 426/Sierra Way and that mitigation is required to reduce impacts to a less than significant level.
On TRAN MM-2, there is no discussion or other analysis explaining how this mitigation would reduce the impacts on these intersections to a less significant level.
On TRANS MM-3, there is no discussion about what such construction work schedule staggering reduces potentially significant effects.
In public comment, Mark Reed and Mark Sobel hoped the project would proceed in a different location.
Tony McLane mentioned that the Project would affect healthcare access to Oakhurst residents.
Troy Brady urged the Board to address infrastructure such as the sidewalk in Oakhurst.
Self Help Enterprises President Todd Collishaw clarified that the Project excludes transitional housing.
Madeleine Harris from Leadership Counsel for Justice and Accountability urged the Board to pursue the affordable housing project.
Laurie Shaffer stated that the project is “away” from basic services.
Dan Metz from Oakhurst was concerned about the project’s proximity to schools.
The Board (4-0) will discuss the item at the special meeting on August 16, 2022.
During the closed session, the board discussed the following items:
2.a. 8794: 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. 8779: 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 MCV086218)
2.c. 8780: Request for Closed Session:
Government Code Section 54956.9 (d)(1)
Conference With Legal Counsel – Existing Litigation
Name of Case: Madera Irrigation District and Madera Irrigation District Groundwater Sustainability Agency vs. Madera County Groundwater Sustainability Agency, Madera County Board of Supervisors, and County of Madera
(Madera County Superior Court Case Number MCV086277)
The meeting lasted until 1 pm. The next board meeting will be on Tuesday, August 2, 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.