March 7, 2023 — Madera County Board of Supervisors
Documented by Josef Sibala
Here’s what you need to know
- During the meeting on Tuesday, March 7, the Madera County Board of Supervisors adopted a resolution ratifying the declaration of a Local Emergency due to the February/March 2023 winter storms. Chief of Development Service Matthew Treber stated that Public Works is shifting resources and equipment to flood prevention and risk assessment in the mountains.
- The board agreed to pay Tetra Tech, Inc. a maximum of $1.3 million to assess and monitor debris removal from homes burned during the Fork Fire for a term ending January 31, 2024.
- The supervisors denied (2-2) moving forward with a $250.000 agreement with Kaufman, Hall & Associates to study the viability of Madera Community Hospital. Supervisors Leticia Gonzalez and Jordan Wamhoff voted to move forward with the study, while supervisors Robert Macaulay and David Rogers voted against. Supervisor Robert Poythress was absent.
- Public Health Officer Simon Paul reported that state Sen. Anna Caballero told him that the state needs about $1.5 billion by the end of December to keep hospitals from going bankrupt and closing.
- How will the county and the state cope with the state of health care?
- When will the flood prevention and risk assessment in the mountains start?
- What funding sources can the county rely on to fund health care services?
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, March 7, the meeting was held 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)
Madera County Board of Supervisors Members not present:
- Chairman Pro Tem Robert Poythress (District #3)
- Chief Clerk Karen Scrivner
- County Counsel Regina Garza
- Chief of Development Services Matthew Treber
- County Administrative Officer Jay Varney
- Public Health Officer Simon Paul
- Sheriff Tyson Pogue
- Deputy County Administrative Officer Joel Bugay
- Dan Metz from Oakhust
- John Pero
- Sue O’Connor
- Joseph Wiler from the Sheriff’s Office
- Clerk-Recorder for Elections Rebecca Martinez
- Policy Advocate from Leadership Counsel for Justice and Accountability Andrea Uribe
- O.L.I.V.E. Operations Director April Molina
- Vice Chair of MCH Board of Trustees Stell Manfredi
- William Pitts
John Pero asked what number neighbors stuck on nonpublic roads could call and ask for heavy equipment. Sheriff Tyson Pogue stated that they could call the Sheriff’s Office.
The board (4-0) unanimously approved items A to AF in the consent agenda:
A. 9303: The board entered into a no-cost agreement with Grand Canyon University for students obtaining a master’s degree in social work to acquire field education experience, with a term date ending Dec. 1, 2025.
B. 9188: The board reaffirmed Resolution No. 2015-101, declaring a Local Emergency as a result of the tree mortality disaster in the county and throughout the state.
C. 9276: The board passed an amendment to MCC No. 11732A-21 with the Mental Health Services Oversight and Accountability Commission for an award of $3.174 million for school-based programs for fiscal 2020-2026.
D. 9189: The board adopted a resolution proclaiming the Local Emergency and Local Health Emergency (COVID-19) termination under Resolution 2020-032.
E. 9314: The board passed an amendment to MCC No. 11358-19 with Self Help Enterprises extending the original term to five years or when the project funding is depleted for the administration of the county’s California Department of Housing and Community Development Grant Housing Rehabilitation Program.
John Pero asked why the original agreement was changed. Jamie Bax from Community and Economic Development said extending the agreement would allow Self Help Enterprises to continue work on the grants from 2017.
F. 9197: The board reaffirmed Resolution No. 2023-004 of the Board of Supervisors of Madera County, ratifying and extending the Declaration of a Local Emergency (Closure of Madera Community Hospital).
G. 9245: The board approved the request for Receipt of Unanticipated Revenue No. 22-129 for $97,000.00 derived from General Fund – Fund Balance to Elections – Special Departmental Expense and County Clerk-Mail Room – Postage for Fiscal Year 2022-2023.
Clerk-Recorder for Elections Rebecca Martinez said the revenue would replenish the budget.
H. 9190: The board adopted a resolution proclaiming the termination of meeting risks under COVID-19 under Assembly Bill 361 (Resolution No. 2021-130).
Andrea Uribe, a policy advocate from Leadership Counsel for Justice and Accountability, supported remote public participation.
I. 9270: The board agreed with Sicuro Data Analytics LLC to provide data analysis relating to the California Racial Justice Act for All (Assembly Bill 256) for two years for $150,000.
J. 9267: The board approved the Receipt of Unanticipated Revenue No. 22-128 for $32,400 derived from Library Administration – StateGrant Revenue to Special Department Expense for Fiscal Year 2022- 2023.
K. 9268: The board approved the Receipt of Unanticipated Revenue No. 22-112 for $5,060 derived from Library Administration – State-Grant Revenue to Special Department Expense for Fiscal Year 2022-2023.
L. 9284: The board authorized staff to apply for the California State Library’s Lunch at the Library Grant for Summer 2023 for up to $6,500 in funding and to authorize the library director to sign the application and award documents.
M. 9285: The board approved the Receipt of Unanticipated Revenue No. 22- 113 for $7,928 derived from Library Administration – Contributions and Donations to Special Department Expense for Fiscal Year 2022-2023.
N. 9290: The board approved the Receipt of Unanticipated Revenue No. 22-114 for $6,887.00 derived from Library Administration – State-Grant Revenue to Special Department Expense for Fiscal Year 2022-2023.
O. 9337: The board ratified the Certification Statement regarding the Composition of Local Planning Council (LPC) Membership.
P. 9275: The board approved the Madera County Economic Development Commission Basic Service Level Budget for $214,446.28 for Fiscal Year 2023-2024.
Q. 9306: California Network and Telecommunications Program (CALNET).
1. The board approved the CALNET NextGen Non-State Entity Service Policy & Agreement (NESPA).
2. The board approved the CALNET Authorization to Order, Categories 15-18
3. The board approved the CALNET Authorization to Order, Categories 20-30.
S. 9192: The board reaffirmed the Declaration of a Local Health Emergency (Fork Fire) by the County Health Officer.
T. 9327: Appointments to Root Creek Water District Board of Directors.
1. The board reappointed Jeffrey D. Coulthard and Amber Mendoza to the Root Creek Water District Board of Directors for four-year terms ending Dec. 4, 2026.
2. The board approved the appointment of Shannon Simonian to fill the vacancy left by Lynn M. Hoffman to the Root Creek Water District Board of Directors for a four-year term ending December 4, 2026.
3. The board appointed Mike De La Guerra to fill the vacancy left by Danny W. Hoffman to the Root Creek Water District Board of Directors for a four-year term ending Dec. 4, 2026.
4. The board approved reaffirming the appointment of Eric Bream to fill the remaining term left by the resignation of Brian Partridge to the Root Creek Water District Board of Directors ending Dec. 6, 2024, retroactive to July 13, 2020.
5. The board reaffirmed the appointment of Brice Jones to fill the remaining term left by the resignation of Tony Scarborough to the Root Creek Water District Board of Directors ending Dec, 6, 2024, retroactive to Nov.15, 2021.
6. The board reaffirmed the extension of the term of Nick Bruno ending on Dec. 6, 2024, as authorized by Root Creek Water District’s Resolution No. 2020-12-00, adopted on Dec. 14, 2020, and approved by the Madera County Board of Supervisors on Aug. 3, 2021.
U. 9193: The board reaffirmed Resolution No. 2015-087 proclaiming a Local Emergency created by the severe drought conditions in the county and throughout the state.
W. 9195: The board reaffirmed Resolution No. 2021-015 ratifying and extending the declaration of a Local Emergency (winter storm events).
X. 9196: The board reaffirmed Resolution No. 2022-137 of the Board of Supervisors of Madera County, ratifying and extending the Declaration of a Local Emergency (Fork Fire).
Y. 9311: The board agreed to pay Tetra Tech, Inc. a maximum of $1.3 million to assess and monitor debris removal from homes burned during the Fork Fire for a term ending January 31, 2024.
Sue O’Connor asked whether FEMA funds applied to the Fork Fire. She asked whether a list of people receiving benefits from the action is available.
Joseph Wiler from the Sheriff’s Office said that since the fire is a state-declared event, 75 percent of funding comes from the state.
Wiler said that FEMA is reviewing the incident along with other fires in the state. The state threshold is $54 million.
The Tetra Tech contract is the first step before contractors put boots on the ground. The contract will determine what hazards are on the property.
The process will give a better idea of which properties are eligible or not. Joseph Wiler said that the county is considering 23 acres.Commercial properties are excluded from the state and FEMA wildfire assistance program.
Z. 9291: The board passed an amendment to MCC NO. 11844-21 with Luhdorff & Scalmanini Consulting Engineers increasing compensation by $30,00 to an amount not to exceed $344,995.00 for services related to the performance of developing a domestic well inventory and installing a monitoring well installation in the Madera Subbasin.
AA. 9292: The board passed an amendment to MCC NO. 11713-20 with Luhdorff & Scalmanini Consulting Engineers increasing compensation by $85,000 to an amount not to exceed $535,000 for services related to the performance of a domestic well inventory and installation of monitoring wells in the Chowchilla Subbasin.
AB. 9293: The board entered into an amendment to MCC NO. 11950A-21 with Caddyshack Rodent Service LLC extending the term date to Dec. 31, and increasing compensation by $60,000 to an amount not to exceed $170,000 for services related to pest and rodent control.
AC. 9294: The board adopted a resolution authorizing the grant application, acceptance and execution for the targeted land repurposing program.
AD. 9305: The board agreed with Davids Engineering, Inc. for $490,000 for revisions to the Madera Subbasin Joint Groundwater Sustainability Plan (GSP).
The revised GSP will be returned to the board on March 21. A Proposition 68 grant will fund the revision.
Andrea Uribe, policy advocate from Leadership Counsel for Justice and Accountability, sought public input to be included in the plan. She would especially like the county to reach residents whose public wells are affected by the continued agricultural overpumping.
AE. 9304: The board agreed with GEI Consultants, Inc. for $280,000 for evaluation services required for compliance with Resolution No. 2021-113 Section 12 in the appeals process for a third party to evaluate records to determine the final measurement outcome.
AF. 9310: The board agreed with California Reforestation, Inc. to stay under $400,000.00 for on-call vegetation management services for Dec. 31, 2025.
Discussion items include
6.d. 9318: Presentation and update regarding the O.L.I.V.E. (Overcoming Limitations through Intervention, Value, and Empowerment) charitable organization presented by Operations Director April Molina
In June 2019, a Rotarian named Alicia Bennett donated her dad’s old dentist’s office.
After almost two years of renovations, O.L.I.V.E. opened a safe house in February 2021. Their first tenant moved in on Feb. 11, 2021.
The mission of O.L.I.V.E. is to provide safe transitional housing and guide women to available resources.
O.L.I.V.E. founder, Chief Dan Foss, hosts educational presentations for all members of the public on the tactics of a trafficker and the victim’s reality.
Operations Director April Molina stated that police had arrested 10 people for sex trafficking and assisted 24 victims. She said that sex trafficking is prevalent online.
This year, O.L.I.V.E. will host a dinner/auction event on Friday, April 28, from 5:30 to 8:30 p.m. at the San Joaquin Winery.
Dan Metz asked whether O.L.I.V.E. conducts drug testing for service eligibility. Molina said that O.L.I.V.E conducts random drug testing.
6.e. 9313: The board (4-0) authorized submitting a Sustainable Transportation Planning grant application for an Oakhurst Mobility Study. (reported by Deputy Director Of Community and Economic Development-Planning)
Caltrans has released a Notice of Funding Availability for a fiscal year 2023-24 Sustainable Transportation Planning Grant.
A total of $84 million is available for transportation planning projects statewide. Staff is seeking direction to apply for an Oakhurst Mobility Study.
The study will analyze different multi-modal transportation sources such as sidewalks, bicycle lanes, other pedestrian improvements and bus stops for State Route 41, State Route 49, and Road 426 corridors in Oakhurst.
The grant requires the study to further the Regional Transportation Plan (RTP), contribute to the state’s Greenhouse Gas reduction targets, address the needs of underserved communities and assist in achieving the Caltrans Mission and Grant Program Objectives.
The application will fall under the Sustainable Communities Competitive grant source with a Local Match requirement of 11.47 percent minimum (in cash or an in-kind contribution).
Staff intends to apply for a maximum of $450,000, which would amount to about a $51,600 local match if the full amount is awarded.
6.f. 9345: Madera Community Hospital Agreements (reported by Deputy County Administrative Officer Joel Bugay). The motions failed.
1. The board (2-2) voted on the agreement with Kaufman, Hall & Associates (Kaufman Hall) and Madera Community Hospital (MCH) for $250,000 for the development of a report that demonstrates the preliminary business case and future financial trajectory of MCH under alternative operating configuration scenarios for fiscal year 2022-23.
2. The board (2-2) voted on the business associate agreement with Madera Community Hospital allowing the Public Health Department to participate in data exchange under similar terms as Madera County Master Contract No. 18.
On Feb. 20, Madera Community Hospital (MCH) received a proposal from Kaufman Hall for services for a preliminary business case that demonstrates the future financial trajectory of the hospital under the alternative operating setting.
This report was commissioned to evaluate any feasible and sustainable reopening scenarios for MCH and to identify the upfront and ongoing financial commitment necessary to sustain those operations.
The county has committed to looking at all avenues of reopening the hospital. The first recommended action will allow the county to pay for the report’s completion on MCH’s behalf, subject to certain conditions identified in the County addendum.
The agreement identifies the county as a co-recipient of the study and report. It also says that the county will reimburse Kaufman Hall for services directly on behalf of MCH.
The second recommended action will allow the appropriate and relevant data to be shared between the county and MCH.
County Counsel Regina Garza stated that the agreement would allow Kaufman Hall and the County to treat MCH data as confidential during the study.
Vice Chair of MCH Board of Trustees Stell Manfredi supported the agreement.
William Pitts, a former clinician at MCH, said he opposed the agreement because Karen Paonelli was not appropriate to be selected as MCH representative.
In 2022, MCH suspended all surgical services for five to six months and could only perform emergency caesarian sections, neglecting elective procedures. He said the sterilizing equipment didn’t pass state inspection.
MCH Employees had reported to Paonelli that the equipment was deficient and needed replacement, but the request was not addressed.
“This is an example of mismanagement and malpractice” of the equipment and operations of the hospital, he told the board.
A local surgeon said that MCH could not provide medical services every month; it costs MCH $2 million in revenue.
He advocated for “objectivity” in the study and said that he hoped Supervisor Robert Poythress would recuse himself. Public Health Officer Simon Paul said Sen. Anna Caballero said the following during the town hall meetings.
- The state estimates that to keep hospitals from going bankrupt, they need approximately $1.5 billion by the end of December.
- She stated the need for feasible plans for the hospital.
The Public Health Department is working with Camarena Health on data exchange.
The funds for the study will come from the American Rescue Plan Act (ARPA) funds.
6.g. 9282: In the second reading, the board (4-0) adopted an ordinance and repealed a prior ordinance about the increased compensation and benefit provisions for members of the Board of Supervisors.
6.h. 9339: The board (4-0) adopted a resolution ratifying the declaration of a Local Emergency due to the February/March 2023 winter storms.
Sheriff Tyson Pogue reported that the storms had brought record-breaking snowfall and hazardous conditions.
The conditions have resulted in evacuations, collapsed buildings, blocked roads and power outages.
There are 350 miles of roadway that Public Works works to clear and maintain, Pogue said.
After 13,000 homes were without power, PG&E restored the majority of residents.
Deputies have been delivering supplies, evacuating residents and providing welfare checks.
The Sheriff’s Office has responded to 100 search and evacuation calls. They handled 300 service calls related to the storms and completed nearly 100 requests for welfare check Pogue said.
An on-site management team will respond, mitigate and recover from the storm systems.
The Emergency Operation Center has been activated to Level 1, which means that staff can physically open.
The Sheriff’s Office briefs community leaders daily at 8 a.m. and 10:00 a.m. The briefing will continue until the hazardous conditions end. They are preparing for the snow melt and atmospheric rivers expected later this week.
It has established sandbag locations, equipment and personnel.
The office is analyzing historical data on flooding through river sensors with the Department of Water and Natural Resources. Personnel will evaluate conditions in the river. Water clarity will be a critical measure because when the water is polluted, it will indicate debris flow or mudslides.
They are also examining culverts and bridges to remove debris caused by flooding.
The severe weather has strained the county’s resources and necessitates a Proclamation of Local Emergency to protect and maintain public protection around the county.
The declaration of local emergency is a formal request to state representatives for assistance. The request has been sent to the California Office of Emergency Services (Cal-OES).
If the board ratifies the declaration, the Cal-OES will determine the county threshold depending on the county’s budget.
The six-month cost will be sent to Cal-OES. The cost must be extraordinary and excludes staff time or routine daily costs.
After review by Cal-OES, the declaration will be sent to Gov. Gavin Newsom to determine whether the county meets the need for state funding. The funding will allow the California Disasters Assistance Act to cover 75 percent of the county’s cost if authorized. State funding kicks in above 75 percent.
Allowable costs are standard equipment (vehicles), full-time overtime, and extra-help employees. Regular employee time and administrative time are excluded.
Those eligible for public assistance are the County of Madera, joint cities and powers of authority. Joint cities and powers of authority must declare their local emergency or go to Cal-OES regarding their costs.
County employees from any department are eligible, but their time has to be tracked through an activity log.
Chief of Development Service Matthew Treber said Public Works is shifting resources and equipment to a flood prevention and risk assessment in the mountains.
Public Works focuses on snow removal to open small, narrow subdivisions.
The public hearing is as follows:
7.a. 9200: The board (4-0) adopted a resolution annexing territory in Maintenance District No. 22 into the Zone of Benefit “A.” (APN 064-070-009) (reported by Deputy Public Works Director Andrea Saldate)
On Feb. 7, the Board of Supervisors approved the intent to annex APN 064- 070-009 into MD-22A and to have the hearing on March 7.
Public notice was published in the Sierra Star on Feb. 23, and public hearing notices were posted on APN 064-070-009.
Maintenance District 22, Zone of Benefit “A” (MD-22A) is located in the community of Oakhurst along State Routes 41 and 49 in Eastern Madera County.
The district provides sewer services to commercial and residential developments within its boundaries.
The developer, Richard Reese, with Reese Real Estate & Investment Co., has completed a parcel merger (Doc. No. 2021000239) to merge APN 064-142-015 and APN 064-070-09 for the expansion of Capital Pipe.
The existing business on APN 064-142-015 is connected to the MD-22A sewer system and is within the MD-22A boundary. However, the merged APN (064-070-009) is not within the MD-22A boundary.
As a condition of Rezone CZ2022-001, the property owner must annex the merged parcel (APN 064-070-009) into the MD-22A service boundary and acquire an additional 5.3 sewer units from the district to serve the existing and expanded facility once annexation is completed.
Reese has requested the annexation of APN 064-070-009, consisting of 2.53 acres, into MD-22A under the conditions of approval.
The parcel is adjacent to the current boundary of MD-22A’s northern border along State Route 49 and is considered in the current MD-22A Sewer Master Plan for services.
Upon approval of the annexation, the developer will be required to purchase the additional 5.3 sewer units from MD-22A under the conditions of approval.
Staff recommended adopting the resolution to annex APN 064-070-009 into MD22A as a condition to allow the parcel to be assessed accordingly for sewer services.
Closed sessions consist of the following:
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)
The meeting lasted until 2 p.m. The next board meeting will be on Tuesday, March. 14, at 9 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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