Feb. 28, 2023 — Madera County Board of Supervisors
Documented by Josef Sibala
Here’s what you need to know
- During the Feb. 28 special meeting, the Madera County Board of Supervisors approved a $3.9 million contract with Fortune-Ratliff General Contractors Incorporated for architectural and engineering services for Oakhurst Government Center improvements. Jorge Mendoza, project manager for Kitchell, shared that the improvements in Oakhurst Government Center will include Americans with Disability Act (ADA) accessibility, sidewalk parking, ramp, Interior finishes, water configurations, and remodeling of conference rooms.
- The board approved continuing operations related to the Tree Mortality emergency order, which allows the Sheriff’s Office of Emergency Services to continue the operations as previously run.
- County Administrative Officer Jay Varney announced that Assemblymember Esmeralda Soria will draft legislation on rural health care and hospitals. Senator Anna Caballero is working on SB 870, which urges statewide support for rural hospitals. Varney suggested that the board request Madera Community Hospital (MCH) “full data access.” for the hospital turnaround agreement.
- Chief of Development Services Matthew Treber presented the list for repairs to road network damages resulting from the January 2023 Winter Storms. A preliminary cost estimate for the repair of these 16 locations is $2.3 million.
Follow-up questions
- Will the hospital turnaround agreement for Madera Community Hospital continue?
- What new services will residents expect from the Oakhurst Government Center?
- When will the repair of road network damages be completed?
The Scene
According to its website, the Madera County 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, Feb. 28, 2023, the meeting was at 9 a.m.
Madera County Board of Supervisors Members present:
- Chairman David Rogers (District #2)
- Chairman Pro Tem Robert Poythress (District #3)
- Jordan Wamhoff (District #1)
- Leticia Gonzalez (District #4)
- Robert Macaulay (District #5)
Others Present:
- Chief Clerk Karen Scrivner
- County Counsel Regina Garza
- Chief of Development Services Matthew Treber
- County Administrative Officer Jay Varney
- Public Health Officer Simon Paul
- Jorge Mendoza from Kitchell
- Susan Carter from Human Resources
Discussions/Actions
Tracy Scott-Contreras introduced Maiknue Vang as the new executive director of the Workforce Development Board.
The board (5-0) unanimously approved items A to N in the consent agenda:
A. 9236: The board entered into an amendment to MCC No. 11788A-22 with Fresno H.O.P.E. Animal Foundation amending the compensation & costs amount for clinic services.
B. 9262: The board entered into an amendment to MCC No. 12233-22 with Merced Behavioral Center amending compensation and costs for the provision of mental health residential care for Madera County Behavioral Health Services adult clients for the fiscal year 2022-2023.
C. 9254: The board entered into an amendment to MCC No. 12318-22 with Rincon Consultants Inc. to require the Housing Element webpage to conform to the Web Content Accessibility Guidelines 2.0 Level AA.
D. 9279: The board requested the County Oversight Board to release a Memorandum of Understanding with the North Fork Development Council following the completion of the requirements of the MOU.
E. 9248: The board approved the Receipt of Unanticipated Revenue No. 22-116 in the amount of $380,000.00 derived from the Evacuation Route GrantState Other to Professional & Specialized Services for the fiscal year 2022- 2023.
F. 9278: The board agreed with the Superior Court of California to provide the county with access to restricted case information and documents through a secure electronic portal to provide not otherwise available to the public through the Justice Partner Portal for select County departments, delegate authority to those departments to sign the required Justice Partner Portal Access Request form
G. 9203: Treasurer’s TI – Paul Halajian Architects.
1. The board agreed with Paul Halajian Architects, in the amount of $38,244.00, for architectural and engineering services for the Treasurer-Tax Collector’s lobby.
2. The board approved the Transfer of Appropriations No. 22-124 for $46,074.00 transfer from Tax Collector Delinquent Tax Sales Appropriation for Contingency to Op trans-out-Capital Project for the fiscal year 2022-2023
3. The board approved the Receipt of Unanticipated Revenue No. 22- 124 for a $46,074.00 transfer from Treasurer/Tax TI – Operating Transfers Into Buildings & Improvements for the fiscal year 2022- 2023.
Staff clarified that $38,000 was for the design of the lobby and breakroom. The construction cost for remodeling the lobby and breakroom will be discussed separately.
H. 9266: Oakhurst Government Center Construction.
1. The board agreed with Fortune-Ratliff General Contractors Incorporated for $3,928,380.00 for Architectural and Engineering Services for Oakhurst Government Center improvements.
2. The board approved the Receipt of Unanticipated Revenue No. 22- 118 of $480,080.00 derived from Health Administration Fed Other to Operating Transfers Out Capital Projects for the fiscal year 2022- 2023.
3. The board approved the Receipt of Unanticipated Revenue No. 22- 119 for $480,080.00, derived from Oakhurst Satellite Government Center-Operating Transfers Into Building and Improvements for the fiscal year 2022-2023.
4. The board approved the Transfer of Appropriations No. 22-120 for a $2,100,000.00 transfer from Dev Impact Fee-General Government-Appropriation for Contingency to Op trans-out-Capital Projects for the fiscal year 2022-2023.
5. The board approved the Receipt of Unanticipated Revenue No. 22- 120 of $2,100,000.00 derived from Oakhurst Satellite Government Center-Operating Transfers Into Buildings & Improvements for the fiscal year 2022-2023.
Jorge Mendoza from the Engineering Department shared that the improvements in Oakhurst Government Center will include Americans with Disability Act (ADA) accessibility, sidewalk parking, ramp, Interior finishes, water configurations, and remodeling of conference rooms.
He stated that Fortune-Ratliff is a contractor specializing in mountain areas.
The funds are from the general government impact fees.
I. 9272: The board agreed with Persson, Inc. dba California Paving Co. for $89,491.00 for emergency parking lot repairs at the Oakhurst Library for the fiscal year 2022-2023.
J. 9273: Animal Services Feasibility Study.
1. The board approved the Transfer of Appropriations No. 22-121 for a $100,000.00 transfer from Development Impact Fee-Gen Govt Appropriation for Contingency to Operating Transfers Out-Capital Projects for the fiscal year 2022-2023.
2. The board approved the Receipt of Unanticipated Revenue No. 22- 121 in the amount of $100,000.00 derived from Animal ServicesOperating Transfers into Buildings and Improvements for the fiscal year 2022-2023.
K. 9237: The board adopted a resolution approving Fire Protection Agreement No. 4CA05913 (MCC No. 12231-22) by and between the County of Madera and the State of California Department of Forestry and Fire Protection (CAL FIRE).
L. 9250: Office of Traffic Safety.
1. The board approved the Transfer of Appropriations No. 22-117 for a $48,131.00 transfer from Fire Clothing to Equipment/Furniture >$5,000.00 for the fiscal year 2022-2023.
2. The board approved the Receipt of Unanticipated Revenue No. 22- 117 for $41,510.00 derived from Fire Department-StateOther to Clothing for the fiscal year 2022-2023.
M. 9252: Monthly report of employee transactions for January 2023.
N. 9243: The board authorized Madera County Library to apply for the second round of Parks Pass Grants from the California State Library for $3,999.00 for the fiscal year 2022-2023
Discussion items consist of the following:
6.c. 9323: Update on healthcare provision in Madera County.
County Administrative Officer Jay Varney said that Assemblymember Esmeralda Soria will draft legislation on rural health care and hospitals.
Senator Anna Caballero is working on SB 870, which urges statewide support for rural hospitals.
He stated the county has projects relating to the Emergency Medical Services (EMS) provision.
Public Health Officer Simon Paul stated that the other organizations are working with Madera Community Hospital to reopen clinics.
Varney suggested the board request MCH “full data access.” for the hospital turnaround agreement.
Supervisor David Rogers said that CalViva doctors and their board were concerned about the state of the Madera Community Hospital.
6.d. 9170: The board entered into an amendment to MCC No. 12167-22 with Koff & Associates in the amount of $21,080.00, amending the Statement of Work to include an Organizational Study for the Water and Natural Resources Department
6.e. 9281: The board approved the Madera County Sheriff’s Office Hiring Bonus Program (presented by Susan Carter from Human Resources).
The County has established a Hiring Bonus Program (Program) for the Madera County Sheriff’s Office (MCSO) to assist in recruiting their hard-to-recruit classifications of Correctional Officer, Deputy Sheriff, and Public Safety Dispatcher.
The program provides an incentive of up to $5,000 for recruits and up to $10,000 for lateral recruits, which will be paid out in phases as the new employees reach milestones in their employment with MCSO in those hard-to-recruit classifications which are critical to keeping the community safe from harm.
Individuals hired under the program must agree to a three-year employment commitment with the MCSO to retain the bonus compensation.
The County reserves the right to evaluate program eligibility on a case-by-case basis and may amend, interpret, terminate, or suspend this program at any time.
Human Resources provides the program to the Communications Dispatchers, Correctional Officers, Mid-Management, Peace officers, and Peace Officer Management Units for consideration. All impacted units have agreed to the program’s provisions.
6. f. 9295: Updates and prioritized list for repairs to County Road network damages resulting from the January 2023 Winter Storms (presented by Chief of Development Services Matthew Treber)
At the Feb. 7, 2023 board meeting, the Public Works Department and Madera County Sheriff’s Office of Emergency Services (OES) presented information regarding the damages to the County Road network due to the January 2023 Winter Storm events.
Sixteen severely damaged locations, including the Oakhurst Wastewater Treatment Plant (WWTP), were reviewed.
A preliminary cost estimate for the repair of these 16 locations is $2.3 million.
Since the Feb. 7, 2023 meeting, Public Works has worked with the Federal Highway Administration (FHWA) project managers for the Avenue 26 Federal Land Access Program (FLAP) rehab project that was recently completed in November 2022 and have confirmed that the repair of the Avenue 26 damage location can be completed under the contract.
Public Works is coordinating with FHWA to get this work underway as soon as possible to reopen the road.
At the Feb. 7 meeting, the board gave direction to review the list of most severe locations that was presented and prioritize the list based on what was believed to be the most critical in consideration of various factors, including the threat to public utilities and traffic volumes on the closed route.
The Public Works team has evaluated and prioritized the locations and is presenting the prioritized list for further discussion and direction from the board on proceeding with the repairs and possible funding sources to cover these repair costs.
6.g. 9258: Discussion and direction or approval regarding options for continuing Tree Mortality Response.
Option 1: The county provides funding from the General Fund for the 25% match and places the funds into the Tree Mortality Fund. This would allow the Sheriff’s Office of Emergency Services to continue the operations as previously run.
Option 2: Road Maintenance Fund and Special Districts would provide 25% to the County Tree Mortality Fund.
Option 3: Returning to the initial 2015 response to hazard trees, County Roads would receive service requests for hazard trees and respond to them. County Road staff would complete the tree removal or subcontract the tree to a private contractor. The Special Districts and Road Maintenance Fund would absorb 100% of these costs.
In 2018, the board allowed the Sheriff’s Office of Emergency Services (Sheriff’s OES) to begin mitigation work to protect County Roadways and infrastructure from the Tree Mortality occurring in eastern Madera County.
The board allocated $563,925 in the fiscal year 2016-2017 from the general fund. With additional grant funding from CAL-FIRE ($573,511) and funds from California Disaster Assistance Act (CDAA), the Sheriff’s OES has spent just over $7,000,000 and taken down about 20,000 trees.
The number of down trees during storms has been reduced.
The benefits of this are reduced road closures to the public, reduced call-outs after hours for County Roads Staff, and reduced the amount of time County Roads has spent on tree removal, allowing them to focus on other road work.
CAL-OES still provides disaster funding from CDAA for Tree Mortality, which would reimburse 75 percent of the costs to mitigate dead trees. Moreover, the County would be responsible for 25 percent of the costs.
Sheriff’s OES is currently working on the last project for which the initial funds can provide. This project would be 50 large (24 to 40 diameter) trees in eastern Madera County.
Sheriff’s OES still has about 200 trees marked in need of removal. This is based on assessments conducted in November and December of 2021.
There have not been any additional assessments conducted, but additional tree die-off has been observed. Items to note are the county receives a 10% administration fee from each project completed by CAL-OES CDAA Fund.
When tree mortality began, Sheriff Varney returned the 10% administration fee to the County Tree Mortality Fund. This practice was continued under Sheriff Pogue.
The total administrative fee collected by the county over the life of this project is $520,292. Sheriff’s OES only requests equipment costs and extra help for employees working on projects.
These equipment costs and extra help employee time are allowable under CDAA and are sent over for reimbursement. Administrative Tasks such as Project Planning, Contracting, Bidding, and Cost Recovery Processing are not reimbursed and absorbed by the Sheriff’s Office.
Contracts are in place until December 2023 for contractors, March 2023 for GIS Support, and a pending contract with a registered Forester. These contracts are in place, with Sheriff’s OES being the lead agency.
CAL-OES has advised Sheriff’s OES that we are one of two Counties still using CDAA Funds to mitigate dead or dying trees.
The board (5-0) approved Option 1, which would allow the Sheriff’s Office of Emergency Services to continue the operations of the Tree Mortality Fund as previously run.
6. h. 9229: Request for comment regarding the California Truth (Transparent Review of Unjust Transfers and Holds) & Values Act (AB 2792) any county that has provided the United States Immigration and Customs Enforcement Agency (“ICE”) access to an individual in custody during the previous year is to hold a community forum to provide information to the public about ICE’s access to individuals.
Under California’s Transparent Review of Unjust Transfers and Holds (“TRUTH”) Act (AB 2792), any county that has provided the United States Immigration and Customs Enforcement agency (“ICE”) access to an individual in custody during the previous year is to hold a community forum to provide information to the public about ICE’s access to individuals and to receive and consider public comment.
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 prison imprisonment.
- The individual is a current registrant on the California Sex and Arson Registry.
- The individual is arrested for a serious or violent felony. 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,
During 2022, Madera County Sheriff’s Office – Jail Division had in their custody 23 individuals that received initial notifications generated by biometrics after being fingerprinted.
Six of the 23 individuals met the criteria allowing the Sheriff’s Office to respond to ICE requests.
However, requests have yet to be received from ICE.
Five of the six that met the response criteria were sent to prison, and the remaining person remains in custody. Seeing that no requests were received from ICE, Madera County Sheriff’s Office provided no information to ICE during the 2022 calendar year.
Pending legislation is as follows:
7.a. 9309: The board sent a letter of support for Assembly Bill 283 (Patterson) for the Mental Health Services Oversight and Accountability Commission.
Closed sessions are as follows:
2.a. 9288: Request for Closed Session: Government Code Section 54957.6
Conference With Labor Negotiators
Agency designated representatives: Roman Noriega, Human Resources Director; Joel Bugay, Deputy County Administrative Officer-Finance; and Susan Carter, Human Resources Manager Employee Organization: All Units
Unrepresented Employees: All Classifications (Excluding Elected Officials)
2.b. 9321: Request for Closed Session: Government Code Section 54956.9 (d)(1)
Conference With Legal Counsel – Existing Litigation
Name of Case: Kim Eiland v. Civil Service Commission, County of Madera (Madera County Superior Court Case Number MCV085689)
2.c. 9324: Request for Closed Session: Government Code Section 54957
Threat To Public Services Or Facilities;
Consideration Of Tactical Response Plan Consultation with Sheriff Tyson Pogue, Madera County Sheriff’s Office
The meeting lasted until 2 p.m. The next board meeting will be on Tuesday, March. 7, 2023, at 9:00 a.m.
If you believe anything in these notes is inaccurate, please email us at Fresnodocs@fresnoland.org with “Correction Request” in the subject line.
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