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MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA May 3, 2005 Time Description 9:10 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Bob Pickard, Chairman; Proclaim the Week of May 9th through 15th, 2005, as “Mariposa County Relay for Life Week;” Proclaim the Week of May 9th through 16th, 2005, as “Wildfire Awareness Week;” and Proclaim May 3, 2005, as “World Asthma Day” and the Month of May 2005, as “World Asthma Month” BOARD ACTION: (M)Stetson, (S)Fritz, the following proclamations were approved and presented: “Mariposa County Relay for Life Week” was presented to Dennis Baker, Chairperson for the event, and he invited everyone to attend; “Wildfire Awareness Week” was presented to Gary Marshall/Chief for the Madera-Mariposa- Merced Ranger Unit for CDF, and Jan Hamilton, Fire Safe Council. Jan commented on the Council’s efforts with education; and Gary stated he appreciates the County’s support with this; “World Asthma Day and Month” was presented to Mary Michal Rawling, Program Manager for the Merced-Mariposa County Asthma Coalition, and she provided information on their efforts/Ayes: Unanimous. Introductions Public Presentations: For Non-Timed Agenda Items including Attention, Information, and Consent Agenda, and for Items Not on the Agenda - Jim Dulcich referred to a letter that downtown merchants received from County Counsel relative to the Parking District issues. He reviewed the history of the District and its formation and the subsequent agreements with the property owners. He expressed concern with the wording in the letter and he noted that he felt that the people who own the property gave up a lot for the parking lots to happen, and he stated there are more property owners involved than those that received the letter. He suggested that a new letter be generated and sent to all of the people involved in the District. Supervisor Bibby stated the letter was meant to be an invitation to get people to the table to discuss the issues. Jim referred to the cancellation of the agreement for the parking lot behind the Chevron Station, and he stated he feels that this should have been discussed with the downtown merchants that originally formed the District. Chairman Pickard advised that the Board has formed a committee with Supervisors Bibby and Fritz to work on these issues. He also noted that the cancellation of the agreement with the Garbers for the parking lot behind the Chevron Station was noticed on the agenda several times and that there were meetings with people involved. Supervisor Bibby asked about having an agenda item come back on this matter. Chairman Pickard stated that if the committee appointments need to be formal, then an item could be brought back. - Nadine Wight referred to Consent Agenda item 7 relative to the drug and alcohol testing policy. She expressed concern that this does not affect everyone that works for the County. - Tom Guarino, County Counsel, announced that a ruling in favor of the County was received from the Court in the matter of Dean v. the County of Mariposa. - Jim Allen, Sheriff, provided a status report on the search for “Grandpa Doug” Pearce, and he commended the volunteers that have assisted with the search and the Chowchilla Mountain 5-3-05 1 ---PAGE BREAK--- 5-3-05 2 Women’s group for organizing the meals, and the Ponderosa Basin Fire Company for the use of the facilities. He noted that with the assistance of the businesses, including the surrounding counties, that donated food, the search expenses to the County have been kept very low. Board Information - Supervisor Fritz advised that she attended a 4th of July event planning meeting last Wednesday, and she will give a report on the events that are being planned. She attended the Bootjack Fire Company fundraiser on Saturday; advised of the 90th birthday celebration for Lois Scammon; and attendance at the FFA 10th Annual Dinner/Dance event. - Supervisor Stetson advised of the El Portal Town Planning Advisory Committee meeting scheduled for Tuesday. He advised that the first meeting of the Sierra Nevada Conservancy is scheduled for May 12th in Sacramento, and that the Governor still has not made his appointments to the Conservancy. - Supervisor Bibby extended appreciation from the Board for the search and rescue personnel and the donors and the community for their efforts in the search for “Grandpa Doug.” She complimented the Sheriff’s Department and thanked the other counties that were involved. She advised that she plans to attend the Proposition 63 planning meeting with the Human Services Director and the Mental Health Board. She commented on the School District meeting relative to busing and reduction in funding and related issues. She also asked for an update on the Office of Emergency Services Director’s decision on the flooding emergency declaration. - Supervisor Turpin advised that he and Supervisor Stetson and County Counsel and the County Administrative Officer took part in a tour with the Forest Service on Thursday to look at fuel reduction projects and other issues. - Supervisor Pickard advised that a determination was received from the Office of Emergency Services Director on April 27th, and the Governor did not proclaim the flood damages as an emergency. Dana Hertfelder, Public Works Director, provided additional information relative to his communication with the Office of Emergency Services, and their work on the list of projects and scope of work that resulted from the storm damage. Discussion was held. - Supervisor Pickard advised that he attended the State Association of Resource Conservation and Development Council Conference last week. He advised of the status of the effort to restore the vehicle license fee funding for the three counties with no incorporated cities in the May Revise budget. - Supervisor Turpin advised that he attended the North County Ambulance meeting on Monday. Approval of Consent Agenda (See End of Minutes) BOARD ACTION: Items 6 and 7 were pulled for discussion. Supervisor Stetson pulled items 3 and 9. Supervisor Turpin pulled item 1. Chairman Pickard noted that item 14 was added with an addendum to the agenda. A correction was made to the budget action form for item 13. (M)Fritz, (S)Stetson, the balance of the items was approved/Ayes: Unanimous. Consent agenda item 1 – Supervisor Turpin initiated discussion relative to item 1, and he advised that he has received some good feedback relative to the operation of the landfill. However, he expressed a concern that the road maintenance workers are working at the landfill and that leaves the road crews short staffed. He stated this needs to be addressed and the positions need to be filled given the storm damages to the roads. Supervisor Fritz commented on a letter received from Total Waste Systems asking to increase the hours that they are allowed to use the landfill during the summer. Dana Hertfelder, Public Works Director, provided input on the hours that the permit with the State allows, and of their review of this request. (M)Turpin, (S)Stetson, item 1 was approved. Consent Agenda item 3 – Supervisor Stetson initiated discussion relative to item 3. Dana Hertfelder advised that the funding was previously authorized for this work. (M)Stetson, (S)Fritz, item 3 was approved/Ayes: Unanimous. Consent Agenda item 9 – Supervisor Stetson initiated discussion relative to item 9. Bob Lowrimore, Assessor, responded to questions relative to the processing of the backlog of returning recorded documents. (M)Stetson, (S)Fritz, item 9 was approved/Ayes: Unanimous. ---PAGE BREAK--- 5-3-05 3 Consent Agenda item 6 – Chairman Pickard noted that there was an addendum that was distributed for this item, and he commented on the process; and he further commended the staff and employees for the services they perform for the County and its citizens. Supervisor Bibby commented on the agreement, and she commended the employees and stated she hopes the parity study will give some results that will give some ability for the employees to be able to afford to live here. She questioned the section relative to the safety retirement plan amendment. Sandi Laird/Administration-Administrative Analyst, advised that the Deputy Probation Officer positions have been transitioned into the safety retirement; however, at this time, the Union did not provide information on the Welfare Fraud Investigator position. She noted that there was no discussion at the bargaining table during negotiations on this agreement, and she feels that this paragraph should be removed. Supervisor Bibby asked if the Union would be agreeable to the removal of the paragraph. Tom Guarino, County Counsel, advised that this is the agreement that was ratified by the Union, and he feels that this issue should be noted for clean- up in the next bargaining process; however, the paragraph should stay in the agreement at this time. (M)Fritz, (S)Turpin, item 6 was approved/Ayes: Unanimous. Consent Agenda item 7 – Chairman Pickard advised that the Board is working through the meet and confer process to have this drug and alcohol testing policy apply to all employees. Discussion was held. Supervisor Bibby asked about the language in the policy that states that it is for all employees; however, this has only been negotiated with SEIU at this time; and she asked for clarification of whether there would be separate policies for the different bargaining units. Tom Guarino, County Counsel, advised that this is the form of the policy being placed forward for all employees, and he advised of the process for implementing this with the other bargaining units and for employees that are not represented. Bill Flaherty, provided information on his understanding of this matter through the negotiation process, and he reviewed concerns he has with the policy. He stated he does not feel that this policy will keep the tests confidential. He also hoped that a uniform policy would be adopted for everyone. Tom Guarino noted that there was an agreement with the Union and the bargaining team at the end of the negotiation process that there would be no comments made on the negotiations such as Bill made today. He read what was agreed to. Supervisor Bibby stated she feels there was confusion on this matter, and she does not feel that Bill violated anything in asking for clarification. (M)Stetson, (S)Bibby, item 7 was approved/Ayes: Unanimous. 10:40 a.m. Recess 11:02 a.m. Discussion and Direction Regarding the Possible Amendment to Section 6.16.020 of the Mariposa County Code, Modifying the Requirements Necessary for Action to be Taken when a Barking Dog(s) has become a Nuisance (Supervisor Bibby) BOARD ACTION: Supervisor Bibby initiated discussion, and she advised that the amendment will allow for a complaint to be investigated from one person versus the four currently required. Joel Bibby/Sheriff’s Captain, commented on the complaints that they have received and specific situations where four contiguous neighbors do not live within listening range of a habitually barking dog. (M)Stetson, (S)Bibby, direction was given to County Counsel to bring back an ordinance modifying the requirements as requested/Ayes: Unanimous. Discussion and Possible Further Action Regarding the Local Emergency Due to the Flooding that Occurred throughout the County (County Counsel) BOARD ACTION: (M)Bibby, (S)Turpin, Res. 05-177 was adopted continuing the local emergency due to the flooding that occurred. Supervisor Turpin initiated discussion and expressed concern with the additional manpower that is necessary to deal with the road maintenance issues as a result of the flooding, and he noted that the regular maintenance is not being done and the crews are short of personnel. He asked for information on what is proposed to accomplish the maintenance tasks. Mary Hodson, Deputy County Administrative Officer, advised that they are currently in the process of recruiting for road maintenance workers; however, there is no job description for flagger positions. Supervisor Bibby suggested that consideration be given to establishing a job description for a road maintenance trainee versus just flagging. She also commented on the concerns she is receiving relative to the road conditions ---PAGE BREAK--- 5-3-05 4 and damages to vehicles. Supervisor Stetson suggested that consideration be given to looking at other options for flagging services; i.e., SCOPE and volunteer organizations. Ayes: Unanimous. CLOSED SESSION: Conference with Real Property Negotiator: Description of Real Property – 5101/5099 Bullion Street, Mariposa; Name of Party who will Negotiate with County: Rich Inman, County Administrative Officer; Closed Session will Concern Price and Terms of Purchase (County Administrative Officer) BOARD ACTION: This item was continued to May 10, 2005. 11:24 a.m. CLOSED SESSION: Conference with County Labor Negotiator: Name of Employee Organization: SEIU Local 250, Health Care Workers Union; Name of County Designated Representative: Jeff Green (County Administrative Officer); and CLOSED SESSION: Conference with Legal Counsel; Existing Litigation: California Government Code Section 54956.9(a); Pacific Gas & Electric Company v. State Board of Equalization, et al (County Counsel) BOARD ACTION: (M)Bibby, (S)Fritz, the closed sessions were held/Ayes: Unanimous. Chairman Pickard advised that the Board would reconvene at 2:00 p.m. after lunch. 11:42 a.m. Lunch 2:12 p.m. Chairman Pickard announced that no action was taken as a result of the closed session relative to labor negotiations with SEIU Local 250, and that direction was given to staff as a result of the closed session in the matter of PG&E v. State Board of Equalization, et al. Kris Schenk, Planning Director; PUBLIC HEARING: Adopt a Resolution Denying General Plan/Zoning Amendment No. 2004-178 and Land Division Application No. 2004-179; Proposed Amendment of Land Use and Zoning Designation of a 159.5 Acre Property from the Agricultural Exclusive Land Use and Zone to the Mountain Transition Land Use and Zone and Division of Site into Four Parcels of 24 to 42 Acres in Size and a Remainder of 30 Acres; Stuart Berg and Jeff Finsand, Applicants; Site is between Mariposa and Catheys Valley, Approximately One-Half Mile South of State Highway 140 near Twin Gates (Assessors Parcel Number 012-160-009) BOARD ACTION: Sarah Williams, Deputy Planning Director, presented the staff report. She reviewed the project site location and surrounding uses and staff’s recommendation. She also advised that the Agricultural Advisory Committee reviewed the project and concurred with the Planning Commission’s recommendation to deny the request. Chairman Pickard advised that the Board received a letter from Mr. Mack on this project and it is entered into the record. Staff responded to questions from the Board relative to the process to bring forward an approved project; relative to the number of homes that could be constructed on the parcel in the current Agricultural Exclusive zoning; access to the parcel; and the previous use of the parcel for agriculture. The public portion of the hearing was opened. Sarah Williams advised that the applicant elected to not come to the hearing today. Input was provided by the following: Larry Mack, neighboring property owner to the applicant, stated he takes exception to the applicant saying that the land is not suitable for agricultural use. His land is of similar terrain, and he has used it for grazing and pasture for the last thirty years. He stated he feels that people are interested in coming in and making a quick buck and leaving the area, and he is concerned about that. He referred to Jerry Progner’s input on the project relative to the use of the land for grazing. He asked the Board to deny the application as the land can be used for agriculture. Dennis Schoedl, neighboring property owner, stated he feels that the entrance to the property from Highway 140 is extremely dangerous for residential use. He stated he plans to raise cattle on his land, and he asked the Board to deny this project and keep the property as Agricultural Exclusive. Barbara Cruz, neighboring property owner, stated they are in the process of brushing their land, and she asked that the project be denied. ---PAGE BREAK--- 5-3-05 5 The public portion of the hearing was closed and the Board commenced with deliberations. (M)Turpin, (S)Bibby, Res. 05-178 was adopted denying General Plan/Zoning Amendment No. 2004-178 and Land Division Application No. 2004-179; Finsand, applicants/Ayes: Unanimous. The hearing was closed. CONSENT AGENDA: CA-1 Action to Continue Emergency Findings for the Interim Operation of the Mariposa County Landfill by County Staff is Necessary to Continue an Essential Public Service Until the Bidding Process is Completed (Public Works Director); Res. 05-172, with discussion CA-2 Adopt a Resolution Approving and Authorizing the Mariposa County Public Works Department to Apply for a California Integrated Waste Management Board 2004/2005 Waste Tire Education and Amnesty Day Grant and to Implement All Terms of the Grant as Designated by the California Integrated Waste Management Board (Public Works Director); Res. 05-164 CA-3 Adopt a Resolution Authorizing Public Works to Enter into an Agreement with Michael Skenfield to Conduct a Preliminary Survey for Important Biological Resources on the Proposed Site for the Recreation Complex and Authorizing the Board of Supervisors Chairman to Sign the Agreement (Public Works Director); Res. 05-173 CA-4 Approve First Amendment to the Contract for Services with Chase’s Foothill Petroleum to Provide Oil and Miscellaneous Fluids for the County’s Fleet by Extending the Termination Date until June 30, 2006 (Public Works Director); Res. 05-165 CA-5 Approve First Amendment to the Contract for Services with Chase’s Foothill Petroleum to Provide Fuel for the County’s Fleet by Extending the Termination Date until June 30, 2006 (Public Works Director); Res. 05-166 CA-6 Approve a Two-Year Memorandum of Understanding (MOU) with the Service Employees International Union, Local 535 (SEIU), Effective November 1, 2004 (County Administrative Officer); Res. 05-175, with discussion CA-7 Approve a Drug and Alcohol Testing Policy for Positions in the Service Employees International union (SEIU) Bargaining Unit (County Administrative Officer); Res. 05-176 CA-8 Approve Budget Action Transferring Funds within the Child Support Services Budget to Cover Existing and Anticipated Expenses for the Remainder of the Fiscal Year ($3,075) (Child Support Services Director); Res. 05-167 CA-9 Approve Budget Action Transferring Funds within the Assessor’s Budget to Cover to Cost of Exceptionally High Postage due to the Return of Recorded Documents ($3,000) (Assessor); Res. 05-174 CA-10 Authorize the Continued Use of Interns in the Social Service and Community Action/Housing Programs and Allow the Use of Interns in Behavioral Health Programs; and Authorize Interns to Use Space and Vehicles Necessary to Serve Clients (Human Services Director); Res. 05-168 CA-11 Appoint Paul Jacobs, James Mason, David Nelson, Steven Delk, and Karen Keyser-Shank as New Members; Accept the Resignation of Linda Murdock; and ---PAGE BREAK--- 5-3-05 6 Re-appoint Yolanda Cheley to the Alcohol and Drug Advisory Board (Human Services Director) CA-12 Approve an Agreement Endorsing a Name Change from Hillcrest Manor to Casa Viejos, TNS, Incorporated and Rate Change, increasing the Cost of Service by $16 per month, for a Residential Care Facility for the Elderly and Authorize the Human Services Director/Conservator to Sign the Agreement (Human Services Director); Res. 05-169 CA-13 Approve Amendment Number 1 to Agreement Number NNA22 with the Department of Alcohol and Drug Program Increasing the Fiscal 2004/05 Contract Amount by $337; Approve Budget Action Amending Original Revenue and Expenditure Amounts, and Increasing Revenue and Appropriations ($377) (4/5ths Vote Required); and Authorize the Human Services Director to Sign the Contract Amendment (Human Services Director); Res. 05-170 CA-14 Approve Rental Agreement with 35-A District Agricultural Association for the Annual Senior Exposition and Health Fair in Building A and B of the Mariposa County Fairgrounds and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Community Services Director); Res. 05-171 2:45 p.m. Adjournment in memory of Mack Toney and Vivian L. Phelps. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board