June 20, 2023 — Madera County Board of Supervisors
Documented by Josef Sibala
Here’s what you need to know
- During its meeting, the Madera County Board of Supervisors approved establishing the American Rescue Plan Act (ARPA) Committee and set an end date for the business and nonprofit assistance at the end of July. Chairman Rogers appointed Wamhoff, Poythress, Bugay and Jessica Leon to be members of the ARPA committee.
- The board authorized issuing and selling a 2023 series Grant Anticipation Note of $3 million to provide a short-term cash advance for Maintenance District No. 10, Madera Ranchos, to fund construction costs of the pipeline installation for the Kensington and Berkshire wells.
- Sheriff Tyson Pogue reported two homicide cases on June 18 at 4 a.m. in La Vina to the board. The cases involved one man who struck and killed a father and son in different locations and a 15-year-old person. District Attorney Sally Moreno said that their office is in the process of filing the case.
- Deputy Public Works Director Andrea Saldate said that delinquent utility fees would be instituted in January 2024 and was noted on June 2023 water and sewer bills.
Follow-up questions
- How will the county assist Madera Community Hospital through ARPA funding?
- Will SB 125 become law?
- What will be the outcome regarding the homicide cases committed in La Vina?
The Scene
According to its website, the Madera County Board of Supervisors is the Madera County government’s legislative and executive governing body. 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. The meeting was held on May 16, 2023, at 9 a.m.
Madera County Board of Supervisors members present:
- Chair David Rogers (District 2)
- Chair Pro Tem Robert Poythress (District 3)
- Jordan Wamhoff (District 1)
- Leticia Gonzalez (District 44)
- Robert Macaulay (District #5)
Others Present:
- Chief Clerk Karen Scrivner
- County Counsel Regina Garza
- County Administrative Officer Jay Varney
- Public Health Director Sara Bosse
- Administrative Analyst Jessica Leon
- Sheriff Tyson Pogue
- District Attorney Sally Moreno
- Deputy Chief Probation Officer Jose Pantoja
- Chris Edstrom
- Antonio Mendez
- Deputy Public Works Director Andrea Saldate
- Jessica Leon from County Administration
- Mike Fitzgerald
- Deputy County Administrative Officer Joey Bugay
- Assistant Fire Chief Justin Macomb
- Treasurer/ Tax Collector Tracy Kennedy
- Joshua Babcock
Discussions/Actions
Sheriff Tyson Pogue reported two homicide cases on June 18 at 4 a.m. in La Vina. The cases involved one man who struck and killed a father and son in different locations and a 15-year-old individual.
He said that deputies and detectives arrived 11 minutes after they were dispatched.
District Attorney Sally Moreno said that their office is in the process of filing the case. She anticipates the defendant will be prosecuted.
Deputy Chief Probation Officer Jose Pantoja mentioned that the Probation Department would host a collaboration with the county Food Bank on June 29 at Probation Adults Services Division, where 25 food boxes will be given to families.
Chris Edstrom urged the board to support caregivers in the In-Home Support Services (IHSS) program.
David Rodriguez, an IHSS health care provider, said he takes care of his wife.
Antonio Mendez, also an IHSS health care provider, said he takes care of his mom, who is dealing with depression.
Deputy Public Works Director Andrea Saldate said that late fees would be instituted in January 2024, noted on the June 2023 water and sewer bills.
The board (5-0) unanimously approved items A to V from the consent agenda:
A. The board approved the regular meeting minutes from Dec. 6, 2022, to June 6, 2023.
B. 9719: The board appointed Diana Palmer to fill the vacancy left by Pete Nijjar on the Madera County Planning Commission and Airport Land Use Commission for a four-year term ending June 20, 2027.
C. 9692: The board approved Transfer of Appropriations No. 22-216 for a $250,000 transfer from Building Maintenance-Permanent Salaries and Retirement to MTCE equipment, rent/lease county vehicles and professional and specialized services for fiscal year 2022-2023.
D. 9710: The board entered into an amendment to MCC No. 9950-C-2013 with Community Action Partnership of Madera County, Inc. for $2.00 per year, amending the term for an additional 10 years.
E. 9696: The board approved the Receipt of Unanticipated Revenue No. 22-224 for $169,725 derived from General Fund – Fund Balance to Special Payments – Special Departmental Expenses for the fiscal year 2022- 2023.
Jessica Leon from County Administration said that the money is from payroll taxes. She noticed the transition from the old payroll system to the new NEOGOV system, which caused confusion.
She added that the Auditor’s Office confirmed that payroll taxes were paid. However, payment must happen before receiving reimbursement from EDD.
She mentioned that the Auditor’s Office will attempt to waive the penalties, yet payment must be made first. Chief Accountant/Auditor over payroll Vanessa Hernandez said that the $169,725 would pay for late fees for late filing of the third-party vendor NEOGOV.
F. 9730: The board entered into an amendment to MCC No. 8076Q-C-2021 with Fitzgerald, Alvarez & Ciummo extending the term and amending compensation for legal services for fiscal years 2023-2026.
Macaulay asked whether the district attorney has adequate support to hire qualified staff. Mike Fitzgerald said yes, yet pointed to the lack of attorneys who pass the bar exams.
G. 9690: The board made an agreement with the State of California Department of State Hospitals (State Agreement No. 23-79007-000) to accept a $500,000.00 grant award for the fiscal years 2023-2028 ($100,000 yearly for five years).
H. 9693: The board approved the receipt of Unanticipated Revenue No. 22-218 for $6,500, derived from library administration – state grant revenue to certain department expenses for the fiscal year 2022-2023.
I. 9694: The board approved the receipt of Unanticipated Revenue No. 22-217 for $20,588, derived from Library Administration – Other Government Agency to Temporary Salaries for the fiscal year 2022-2023.
J. 9728: The board approved the Madera Cemetery District’s fiscal year 2023-2024 annual budget.
K. 9702: Resolution for Pine Grove Youth Conservation Camp.
1. The board adopted the execution of the standard agreement with the California Department of Corrections and Rehabilitation for Pine Grove Youth Conservation Camp Services.
2. The board contracted with the California Department of Corrections and Rehabilitation for Pine Grove Youth Conservation Camp Services for $22,024 from the effective date to June 30, 2025.
L. 9620: The board approved the submission of an application with the California Department of Public Health (CDPH) to become an approved PreExposure Prophylaxis (PrEP-AP) Enrollment and Clinical Provider Site to allow eligible individuals to receive wrap-around coverage, PrEP-related medical services and administered medications, and authorized the chair to sign both applications.
M. 9709: The board entered into an agreement with the California Department of Public Health (State Agreement No. 23-10146) based solely on usage; when enrollment services are performed, the county will receive a base amount of $5,000 per fiscal year with additional payment(s) per fiscal year for performing enrollments or other required submissions for the AIDS Drug Assistance Program (ADAP) for fiscal years 2023-2027.
N. 9712: The board contracted with the California Department of Public Health for $7,805 to provide support to public health staff in pursuit of professional certifications or recertifications and other relevant public health or professional development courses and training by reimbursing fees implementing the “California Public Health Workforce Career Ladder Education and Development Program” for the fiscal years 2022-2026.
O. 9681: Road 5½ Bridge Replacement Project at the Chowchilla River.
1. The board OK’d an agreement with Kleinfelder Inc. for $128,020.63 to provide materials testing services for the Road 5½ Bridge Replacement project at the Chowchilla River.
2. The board authorized the road commissioner or his designee to issue a notice to proceed by the contract’s provisions.
3. The board authorized the auditor-controller to issue payments for contingencies up to 10% of the contract award per established county policy.
4. The board authorized the road commissioner or his designee to solely issue and approve contract change orders under the public contract code not to exceed authorized contingencies.
P. 9714: The board approved the transfer of Appropriations No. 22-220 for $275,000 from the Public Works Operations Transfer Out-General Fund to Professional and Specialized Services for 2022-2023.
Saldate said that the transfer would cover the cost of winter storms and return franchise fees originally collected from Public Works to Solid Waste.
Q. 9704: The board adopted a resolution approving the grant application and acceptance of the award for the Edward Byrne Memorial Justice Assistance Grant Program administered by the Board of State and Community Corrections.
R. 9639: Autopsy Services.
1. The board approved an agreement with Mono County to perform autopsy services for the Mono County coroner for a term beginning Oct. 1, 2022, and ending Sept. 30, 2024.
2. The board OK’d an agreement with Inyo County to perform autopsy services for the Inyo County coroner beginning Oct. 1, 2022, and ending Sept. 30, 2024.
S. 9706: The board approved an agreement with Pistoresi Ambulance Service, allowing Pistoresi Ambulance Service to use a county-owned vehicle described as a 2015 Ford Explorer.
Wamhoff asked Pogue whether the vehicle could be sold or donated. He asked County Counsel Regina Garza whether there is a subrogation of liability when a county owns a vehicle that a private operator uses.
Pogue said that the agreement allows the county to maintain control of vehicle use. He added that the ambulance company, whether Sierra, Pistoresi, or others, is available for any SWAT operation or major critical incident. Command equipment can be placed in the vehicle, he added.
Garza said the agreement requires Pistoresi to register the vehicle under its name and provide insurance and indemnification. She added that the ambulance company would defend the county when issues arise regarding the vehicle and carry the cost of litigation.
T. 9698: The board entered into an amendment to MCC No. 11936A-22 with Averhealth dba Avertest, LLC, to amend the compensation and costs specific to payment provisions
U. 9699: The board entered into an agreement with Aspiranet in an amount not to exceed $734,579 for Comprehensive Transitional Housing Program Plus (THP-Plus) and Transitional Housing Placement Program for NonMinor Dependents (THPP-NMD) for fiscal years 2023-2025.
V. 9713: The board approved the receipt of Unanticipated Revenue No. 22-221 in the amount of $60,745, derived from County Service Area 22C Gunner Ranch West – Fund Balance to Direct Maintenance Expense for the fiscal years 2022-2023.
Discussion items were acted on as follows:
6.a. 9718: The board recognized the Madera High School Girls Division II Champion Softball Team.
6.b. 9744: The board recognized Alzheimer’s and Brain Awareness Month and the Longest Day.
6.c. 9642: The board received an update on the progress of American Rescue Plan Act (ARPA) projects and outreach efforts and provided direction to staff.
Deputy County Administrative Officer Joel Bugay said that Madera County received a direct federal allocation of $30.5 million.
Intended uses of ARPA funds include:
- Replace lost revenue to strengthen support for vital public services and retain essential services workforce
- Support immediate economic stabilization for households and businesses
- Support urgent response efforts to bring the pandemic under control
- Support recovery efforts in highly impacted areas
On Jan. 25, 2022, the board approved the funding of 14 individual projects.
Assistance for Impacted Businesses began on Nov. 1, 2022. The county awarded 105 grants as of May 31, 2023. Some $535,000 was issued to small businesses.
Assistance for Low-Income Families began on Feb. 1, 2022. Some 267 families were assisted as of May 31, 2023, with $1.026 million in direct assistance.
Senior Home Delivered Meals began on July 1, 2021, and ended on Dec. 31, 2022. A total of 80 seniors were enrolled in the program, and 71,568 meals were delivered to them during that period
On March 21, 2023, the board approved MCC No. 12440-23 with Cal. Net for installation of broadband equipment. RUR (Release Upon Request) 22-138 for $1,500 was also approved
An additional $300,000 for low-income households is being proposed for broadband subsidies to cover the initial equipment cost.
Bugay said the projected ARPA balance for all projects is $10.8 million. He proposed to redirect from pots with significant overspending to those existing projects called Investments to Investment to Madera County Hospitals so that $6-$7 million can be pulled that the board initially earmarked in January.
He recommended the board approve the following
- Set an end date for the business and nonprofit assistance, preferably at the end of July.
- Direct $3.2 million from the allocation of the severely disadvantaged communities to the rescue package for Madera Community Hospital. (MCH)
He said that the county is incurring costs for consultants to help with the transition of MCH.
Rogers added that the ARPA committee has to explore ways to fund the projects.
Supervisor Gonzales asked whether the Madera Rescue Program fits in the parameters of ARPA funding. Bugay said that he would respond at a future meeting.
Supervisor Wamhoff suggested the changes be approved at the level of the ARPA committee regarding the end date.
Gonzales suggested an update from the Community Action Partnership of Madera County regarding its beneficiaries.
Supervisor Poythress asked when the expiration date is for the expenditure of ARPA funds. Bugay said funds must be obligated in December 2024 and spent by December 2026.
Responding to Supervisor Macaulay, Leon said businesses qualified for CARES could have been qualified for ARPA funding with a different circumstance. Macaulay asked whether the sheriff plans to use the funds from the homeless outreach unit next year or two years.
Bugay said the Sheriff’s Office hired two deputies in the civil unit for two years to address the homeless issue.
The board (5-0) approved establishing the ARPA committee and set an end date for the business and nonprofit assistance at the end of July.
Rogers appointed Wamhoff, Poythress, Bugay and Jessica Leon as members of the ARPA committee.
6.d. 9689: The board (5-0) approved an agreement with Eastern Madera Fire Safe Council for $75,000 for a grant to promote work-related to wildfire mitigation and risk-reduction activities in Eastern Madera County.
EMCFSC was recently awarded a Coalitions and Collaboratives Inc (COCO) Action, Implementation, and Mitigation (AIM) grant for $75,000 and has approached the county seeking the provision of $75,000 to be used as required matching funds.
EMCFSC will work with the local Cal Fire Unit and Forester to develop projects consistent with the COCO Subaward Agreement to enhance public safety in eastern Madera County.
6.e. 9711: The board entered into a state agreement with the California Department of Forestry and Fire Protection (State Agreement No. 4CA05306) for $13.1 million for fire service and operations for fiscal years 2023-2024.
Assistant Fire Chief Justin Macomb said that agreement would fund seven full-time fire stations.
6.f. 9695: The board (5-0) introduced an ordinance of the Board of Supervisors of Madera County amending Chapter 2.60.580 of Title 2 of the Madera County Code relating to vacation leave, set for proposed adoption on July 11, 2023.
6.g. 9697: The board (5-0) adopted the side letter of agreement with the correctional officer bargaining unit regarding shift changes.
6.h. 9707: The board (5-0) approved the transfer of Appropriations No. 22- 223 for a $235,765 transfer from Self-Insurance Dental Liability to General Insurance and Professional and Specialized Services.
The transfer will allow for sufficient appropriations to the Self-Insurance Dental Liability budget to make the necessary claims payments for the dental insurance benefits plans.
6.i. 9708: The board (5-0) adopted a resolution approving a cash flow loan for MD1, Fund 1520, for $300,000.
Saldade said it is an interim cash flow loan for a water storage plant.
6.j. 9641: The board (5-0) adopted a resolution authorizing issuing and selling of a 2023 series Grant Anticipation Note not exceeding the principal amount of $750,000 to provide a short-term cash advance for Maintenance District No. 01, Hidden Lakes.
Treasurer/ Tax Collector Tracy Kennedy said that Hidden Lakes MD 01 requires funding to install an emergency water tank and is issuing a Grant Anticipation Note (GAN) that the county treasurer will purchase.
Government Code Section 53601 (e) and the County’s Investment Policy, approved annually by the Board of Supervisors, allow this permitted investment.
Gonzales asked whether notes could be provided to school districts. Kennedy said yes.
6.k. 9665: The board (5-0) adopted a resolution authorizing issuing and selling of a 2023 series Grant Anticipation Note not exceeding the principal amount of $3 million to provide a short-term cash advance for Maintenance District No. 10, Madera Ranchos.
Kennedy said that Madera Ranchos MD 10 requires funding for construction costs for pipeline installation for the Kensington and Berkshire wells. It is, therefore, issuing a Grant Anticipation Note (GAN) that the county treasurer will purchase.
Government Code section 53601 (e) and the county’s Investment Policy, approved annually by the Board of Supervisors, allow this permitted investment.
The public hearings consisted of the following:
7.a. 9551: The board received objections to the assessment of lands by the assessor of the Chowchilla Water District and (5-0) adopted the resolution for fiscal year 2023-2024.
7.b. 9703: The board approved the close-out report on the 17-CDBG-12021 owner-occupied Rehab Program. The office of Rep. John Duarte, R-Turlock, mentioned proposed bills such as the Supply Chain Improvement Act and Water Infrastructure Modernization Act.
The Supply Chain Improvement Act would direct the Department of Transportation to prioritize grant proposals for projects that have national or regional significance to improve safety, efficiency and reliability in the movement of freight and people.
The Water Infrastructure Modernization Act would create new competitive grant programs for using and implementing cutting-edge water technology in the wastewater/ drinking water sector.
Closed sessions were as follows:
2.a. 9716: Request for a 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
Community and Economic Development Deputy Director Jamie Back said that the report is a standard process for the CBDG Program and the requirement of Housing and Community Development by the state for the rehab grant.
She added that the rehab program, administered by Self-Help Enterprises, has helped three homeowners.
Varney said that pending proposed legislation (SB 125) would set a $21-per-hour minimum wage for anyone working in a health care facility. The county has submitted a letter of opposition.
Joshua Babcock, representing Unrepresented Employees, all classifications (excluding elected officials)
2.b. 9740: Request for a closed session:
Government Code Section 54956.9 (d)(1)
Conference with legal counsel – litigation
Name of case: In re: Madera Community Hospital, the debtor in possession. (United States Bankruptcy Court, Eastern District of California, Fresno Division; Case Number 23-10457-A-11)
The meeting lasted until 2 p.m. The next board meeting will be on July 11 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.
