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Time Description 9:05 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Introductions Lee Stetson, Chairman; Presentation of Certificates of Recognition to Lonnie Bissmeyer in Recognition of being the First Mariposan to Complete the 25-Miler and to Kathleen Castro for being the First Mariposan to Complete the 50-Miler During the “2006 Mariposa Run for the Gold” Endurance Rides (Continued from 7-25-06) BOARD ACTION: (M)Pickard, (S)Bibby, the Certificates were presented to Lonnie Bissmeyer and Kathleen Castro/Ayes: Unanimous. Becky Crafts thanked the Board for its support of this event, and she noted that this was an opportunity for 4-H members to learn aspects of endurance riding. The silent auction is a fundraiser for 4-H, and she noted that this is a destination event. Discussion and Possible Further Action Regarding Continuation of the Local Emergency Due to Landslides on Highway 140 Enroute to Yosemite National Park (County Counsel/Interim County Administrative Officer) BOARD ACTION: Kome Ajise, District 10 Director for CalTrans, gave a report on the limited opening of Highway 140 with the completion of the first bridge. He gave a brief review on the history of the slide, status of construction of the temporary bridges, and statistics for the number of vehicles that have used the detour. He advised that they are working with Teichert Construction to complete the temporary process, and they plan to open the second bridge by the end of August and that will reduce the detour to ½ mile. There will be a lot of technical analysis and economic analysis to determine a permanent solution, options include permanent bridges to the other side of the Highway, a tunnel or a rock shed through the slide. Discussion was held. Supervisor Turpin asked about coordinating schedules for the school buses. Supervisor Stetson asked about advance warning of the 28-foot vehicle limit. Julie Dunning, CalTrans, advised that they have not done a lot of publicity on this opening at this time because they would be unable to handle a lot of traffic. They have people watching for the long vehicles so that they can turn them around before they get to the bridge. They will do more advertising for the second bridge opening, and will further review posting the limit on the vehicle length. She also advised that they are working with the School District to coordinate the bus schedules. Supervisor Bibby asked about the status of monitoring the slide. Julie Dunning provided information on the monitoring systems that they are planning to have in place, and she advised that when the second bridge opens, there will be no construction activity and access will be controlled by signals. Supervisor Stetson asked about the possibility of allowing night time traffic in the future, and Julie advised that they are planning for that with the monitoring/alarm systems. They are working to integrate the monitoring systems with the interchangeable message signs so that the road can be closed when movement of the slide is detected. Board members thanked CalTrans and Teichert Construction and everyone involved in this incident. Supervisor Stetson asked for support from CalTrans in working with the Forest Service to review what would happen and what the solution would be if a there was a catastrophic slide. Input from the public was provided by the following: MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA August 1, 2006 ---PAGE BREAK--- 2 8-1-06 Ken Gosting, TIE (Transportation Involves Everyone), commented on recent rumors and he noted that the telephone message system does not provide the information on the limited opening of the Highway with the installation of the first bridge. He stated he feels that in the absence of good information being provided to the public, that it leaves room for rumors. Supervisor Pickard commented on the press release that CalTrans provided, and he advised that it contained accurate information. Supervisor Stetson noted that the only glitch in the traffic movement that he was aware of was the longer wait on the other side of the slide. Kome Ajise and Julie Dunning advised that they are making changes and will issue a press release today to adjust the evening hours. (M)Bibby, (S)Turpin, Res. 06-351 was adopted finding the local emergency due to the landslides on Highway 140 enroute to Yosemite National Park continues to exist based on the update that was provided and the continued monitoring and continuing the local emergency based on the findings/Ayes: Unanimous. Public Presentation: For Non-Timed Agenda Items including Attention, Information, and Consent Agenda, and for Items Not on the Agenda Ruth Sellers asked why the Tourism Coordinator and County Administrative Officer actions were included as one item on the agenda versus two separate items, and she asked what the relationship between the functions is. She stated she feels that Mr. Radanovich is a wise choice for interim Tourism Coordinator. She suggested that the Deputy County Administrative Officer conduct an audit of the Tourism office before Mr. Radanovich starts; and she asked who Mr. Radanovich will report to. She questioned the necessity for assigning duties to Mike Coffield given the closed session that is scheduled today for public employee appointment for the County Administrative Officer position and the fact that we have a Deputy County Administrative Officer. Based on the review of the request budget, she feels the Board should be very prudent with expenditures. Paul Chapman stated he agrees with Ruth Sellers. He asked the Board to pulled Consent Agenda items 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12, pursuant to Government Code Section 54954.3 relative to public comment as allowed by the Brown Act. Eleanor Keuning advised that radio station 530 is still reporting that Highway 140 is closed, and she suggested that it advise travelers to stop and check for current information. She stated she agrees with the comments provided by Ruth Sellers and Paul Chapman. She referred to the Consent Agenda items and expenditures coming from the FY 06-07 budget without the final budget having been adopted. She also referred to Consent Agenda item 17, and she stated she feels the County employee should be doing the marketing campaign work. Mike Coffield, Interim County Administrative Officer, responded to the input provided by Ruth Sellers, and he advised that the two requests are listed on one agenda item as the Tourism Coordinator is a direct report of the County Administrative Officer, and those duties are currently assigned to the County Administrative Officer. Human Services Response to Governor’s Order on Heat Wave Emergency (Human Services Director) BOARD ACTION: Cheryle Rutherford-Kelly, Human Services Director, advised of the Department’s response to the Governor’s Order on the heat wave emergency. A total of 1,089 telephone calls were made to check on clients and people that had asked for help. She commended the Sheriff’s Department, Public Works staff and Foster’s True Value Hardware for providing assistance during the heat wave. Board members commended staff, including Fire and Health, for their assistance and recognized all of the workers that work in the heat. Supervisor Bibby suggested that the affected departments meet to make sure that the Emergency Response Plan covers weather, heat and extreme winter conditions. Cheryle provided input relative to the efforts at the State level to provide energy assistance. She also noted the need to track with the State to cover the costs that were promised for providing the response to the Governor’s Order. Discussion was held relative to the process that the State used for the emergency declaration. Mike Coffield, Interim County Administrative Officer, provided input and he advised that he plans to meet with the affected departments to ensure that incident command will kick into gear no matter how the declaration is issued. ---PAGE BREAK--- 3 8-1-06 Board Information Supervisor Bibby advised that the Mental Health Board meeting is scheduled for noon today. She commended the departments and the citizens for their efforts during the heat wave emergency. Supervisor Fritz advised that she attended the Juvenile Justice Committee meeting on Wednesday. She advised of the passing of Eleanor Rollston, long-time member of Soroptimist. She noted that the Sultry Summer Shin-dig event is scheduled in Coulterville for this weekend. Supervisor Turpin commented on the Sultry Summer Shin-dig event that is scheduled for this weekend. He advised that there was a fire off of Highway 49 north, and that everyone did a great job in containing the fire. Cathi Boze, Agricultural Commissioner/Sealer; Presentation of the 2005 Mariposa County Agricultural Crop & Livestock Report BOARD ACTION: Cathi Boze presented the crop and livestock report. Discussion was held. Karen Robb, Farm Advisor/4-H; Presentation of Statistics on the 4-H School Enrichment Program, “Ag in the Classroom” BOARD ACTION: Donna Wise, 4-H Coordinator, gave a presentation on the program and reviewed the various demonstration projects that are available. The matter was continued for the following hearing to be opened. 10:31 a.m. The public hearing to add the delinquent fees to the appropriate property tax roll for collection was opened and continued until after the following matters. Further discussion was held relative to the “Ag in the Classroom” program. Sandy Wice, teacher for Mariposa County Unified School District, provided input on her experience with the program. Supervisor Bibby noted the availability of First 5 funding for pre-school children. Donna Wice thanked the Board and the Mariposa County Farm Bureau for their support of this program. Approval of Consent Agenda (See End of Minutes) BOARD ACTION: Supervisor Pickard asked that County Counsel address the public presentation given by Paul Chapman relative to pulling Consent Agenda items for input. Tom Guarino, County Counsel, advised of his review of the Government Code that was cited (54954.3) – it requires that public comment be allowed at the time permitted by the agenda or the Board Chair’s discretion; and it does not require pulling items for public comment. Supervisor Bibby suggested that the Board allow for another opportunity for public comment on the Consent Agenda this morning, and she pulled item 13. Mike Coffield, Interim County Administrative Officer, responded to the issue that was raised earlier relative to committing FY 06-07 funds prior to adoption of the final budget; and he advised until adoption of the final budget, the County is operating under the prior year’s adopted budget. The contracts need to be executed to be able to continue the services; and in the absence of adoption of the final budget for this fiscal year, there are funds available for the contracts since we are operating on the prior year’s budget. Supervisor Pickard noted that, for the most part, the dollars for the contracts are not from the General Fund. Mike Coffield noted that the Human Services Department is mostly funded by the State and Federal funds. Ruth Sellers clarified that it wasn’t her that raised the contract and budget adoption issue. Eleanor Keuning advised that she raised the contract and budget adoption issue. Supervisor Turpin pulled item 13. Chairman Stetson advised that item 16 was pulled from the agenda at the request of the Auditor, it will be rescheduled. He pulled item 2 for clarification to be received from the Sheriff’s Department. Supervisor Bibby again suggested that public presentations be re-opened for the Consent Agenda items, and Chairman Stetson re-opened the public presentations. Eleanor Keuning referred to the Board’s procedures that call for input from the public on the Consent Agenda during the public presentations portion of the meeting, and she noted that if an item is pulled and discussion is held, it bring things to mind for the public members that they may want to be able to comment on and would not have thought of during the public presentation portion of the meeting. ---PAGE BREAK--- 4 8-1-06 Paul Chapman asked whether the State and Federal funds have been received for the contracts; if not, he feels that the funds for the contracts are coming from the General Fund until the revenues are received. Mike Coffield, Interim County Administrative Officer, advised that the General Fund fronts the expenses that are later reimbursed by the Stated and Federal funds if the funds are not received in advance. He also commented on the budget process. (M)Fritz, (S)Pickard, the balance of the agenda items was approved/Ayes: Unanimous. Consent Agenda item 2 – Joel Bibby, Sheriff’s Captain, provided input relative to the budget for the contract with Dr. Rosebrock. (M)Fritz, (S)Pickard, item 2 was approved/Ayes: Unanimous. Consent Agenda item 13 – budget transfer for the Coulterville Service Area. Supervisor Bibby asked if the rates for all service areas will be brought to the Board for review. Dana Hertfelder, Public Works Director, advised that they plan to bring the rates for Coulterville to the Board first. Discussion was held. Supervisor Turpin stated he feels that a long-term formula for rates needs to be reviewed. He also noted that the Coulterville Service Area is not included in the property tax rate structure, and he asked that staff review this matter and or the possibility of obtaining a grant for the District to be able to continue to provide services. (M)Turpin, (S)Bibby, item 13 was approved/Ayes: Unanimous. 10:57 a.m. Recess 11:05 a.m. Dana Hertfelder, Public Works Director; PUBLIC HEARING – Adopt a Resolution of Approval to add the Delinquent Fees to the Appropriate Property Tax Roll for Collection. BOARD ACTION: Dana Hertfelder presented the staff report and responded to a question from the Board relative to the penalties and collection of the assessment. The public portion of the hearing was opened. There was no input from the public. The public portion of the hearing was closed. The Board commenced with deliberations. (M)Bibby, (S)Fritz, Res. 06-368 was adopted adding the delinquent fees to the appropriate property tax rolls for collection. Staff responded to a question from the Board relative to the application of road fees, and advised that this pertains to Yosemite West. Ayes: Unanimous. The hearing was closed. Dana Hertfelder, Public Works Director; Adopt a Resolution Authorizing the Issuance of Improvement Bonds and Related Actions Pertaining to the Wastewater Facilities Project for Assessment District 05-1, Lake Don Pedro County Service Area 1- M, Sewer Zone No. 1 BOARD ACTION: Discussion was held with Dana Hertfelder, and he clarified that the recommended action authorizes two series of bonds to be able to cover the initial cost of the purchase of the land. The next step in this process will be to close the loan with the USDA and to award the contract for construction of the project. Supervisor Pickard noted that the pages that were left out of the original package for this item have been distributed. Carl Casey, Public Works Administrator, responded to questions from the Board and provided input relative to the interest rates. Dana Hertfelder responded to a question from the Board relative to the status of the Williamson Act contract issue, and he advised that staff is working on removing the portion that will be impacted by the construction of this project from the contract. (M)Turpin, (S)Fritz, Res. 06-369 was adopted approving the recommended actions/Ayes: Unanimous. Supervisor Pickard clarified that the motion included the issuance of both bonds. 11:18 a.m. LOCAL TRANSPORTATION COMMISSION (Chair – Lyle Turpin, Vice-Chair – Dianne Fritz) Public Presentation – none. A) Adopt a Resolution Allocating the Transportation Development Act (TDA) Funds for Fiscal Year 2005-2006 BOARD ACTION: Discussion was held with Dana Hertfelder (M)Pickard, (S)Stetson, LTC Res. 06- 2 was adopted allocating the Funds/Ayes: Unanimous. ---PAGE BREAK--- 5 8-1-06 B) Adopt a Resolution Authorizing the Public Works Director to Sign a Fund Transfer Agreement with the State of California for the STIP Planning, Programming and Monitoring (PPM) Program for Fiscal Year 2005-2006 ($19,000) BOARD ACTION: Discussion was held with Dana Hertfelder/Public Works Director, and Carl Casey/Public Works Administrator. Supervisor Pickard asked about the change in formula, and he asked about status of the RTIP and STIP processes. Dana Hertfelder advised of recent discussions with the State and he advised that he will be bringing more information back to the Board, including information on the recent allocation of federal funding for projects. Supervisor Bibby asked that the projects be updated for the information that is brought back. (M)Bibby, (S)Pickard, LTC Res. 06-3 was adopted approving the agreement/Ayes: Unanimous. Supervisor Turpin suggested that staff review bringing something back for the agenda to improve or restrict commercial traffic on Priest-Coulterville Road. This would include school buses and he asked that something be brought back before school starts. Dana provided input relative to the damages that have occurred to Priest-Coulterville Road being related to the closure of Highway 120 due to storm damage. Supervisor Pickard asked staff to look at improvements that are needed to Chowchilla Mountain Road, due to the increased traffic as a result of the Highway 140 closure, as a part of the local emergency. 11:36 a.m. Approval of Minutes of July 18, 2006, Regular Meeting (Clerk of the Board) BOARD ACTION: (M)Bibby, (S)Fritz, the minutes were approved/Ayes: Unanimous. 11:38 a.m. CLOSED SESSION: Conference with Legal Counsel: Existing Litigation: California Government Code Section 54956.9(a), Name of Claimant or Case Number and Name of Adverse Parties: Robert E. Cooper et al. v. County of Mariposa, et al.; Case No. 8549 (County Counsel); MARIPOSA COUNTY BOARD OF SUPERVISORS/MARIPOSA PARKING DISTRICT CLOSED SESSION: Conference with Real Property Negotiator: Description of Real Property: Downtown Parking Lots, Agency Negotiator: Thomas P. Guarino; Closed Session will Concern Price (County Counsel); and CLOSED SESSION: Public Employee Appointment, Title or Position to be Filled: County Administrative Officer, (Government Code Section 54957 (County Counsel) BOARD ACTION: (M)Fritz, (S)Pickard, the closed sessions were held/Ayes: Unanimous. Chairman Stetson announced that the Board would reconvene in open session at 1:30 p.m. 1:04 p.m. Recess 1:39 p.m. The Board reconvened in open session, and Chairman Stetson announced that direction was given to staff, and to County Counsel to act as negotiator for the position of County Administrative Officer. Adopt a Resolution Reassigning Selected County Administrative Officer (CAO) Duties, Directing Changes as Desired to CAO Extra-Help Agreement, and Authorizing Execution of an Extra-Help Agreement with Leroy Radanovich to Serve as Interim Tourism Coordinator (Interim County Administrative Officer) BOARD ACTION: Mike Coffield, Interim County Administrative Officer, presented the staff report and recommendations, and discussion was held. He advised that Leroy Radanovich worked closely with the previous Tourism Coordinator, he has experience and he feels that with very little preparation, he can be effective in that office. He also noted that Leroy is under contract to provide photography service to the office, and he suggested that the Deputy County Administrative Officer or the Business Development Coordinator be involved in any assignments for that function. Supervisor Pickard commented on involving the Tourism Advisory Council in the goals. Discussion was held relative to supervision of the Tourism Coordinator and the contract for services. Tom Guarino, County Counsel, provided input relative to the contract issue. Supervisor Bibby asked that the agreement with the Tourism Coordinator include status reports to the Board. Discussion was held relative to the allocation of the County Administrative Officer duties. Input from the public was provided by the following: ---PAGE BREAK--- 6 8-1-06 Kenneth Gosting, TIE (Transportation Involves Everyone), asked whether the results of the closed sessions were announced. Chairman Stetson advised that when the Board reconvened, an announcement was made. Kenneth stated he feels that Leroy Radanovich is capable of handling this because of his marketing and photography skills, and his report with the surrounding counties; and they endorse this as an interim appointment. He advised that they have concerns with the Board’s subcommittee administering this function, and they have Brown Act questions, with the possibility of the Chair also be involved in the supervision as Interim County Administrative Officer. He stated he feels that the Board may have certain powers under the emergency declaration for appointment. He strongly recommended that there be an outside evaluation and benchmarks set for this function. He also recommended that there be a clear knowledge of what is supposed to be done and how funds are supposed to be used; and suggested that with the assistance of the Deputy County Administrative Officer, that Leroy could do that. He stated he feels that this function is a mess and needs to be straightened out. Further discussion was held. Mike Coffield agreed to continue as the Interim County Administrative Officer until August 8th. He advised that unless he hears objection from the Board, he will enter into an agreement with Leroy Radanovich to begin immediately, and he will work with County Counsel to bring back an agreement for the Board using the base salary of the position. (M)Pickard, (S)Fritz, direction was given for County Counsel and the Interim County Administrative Officer to bring back an agreement for the interim Tourism Coordinator/Ayes: Unanimous. (M)Pickard, (S)Turpin, direction was given for staff to prepare a resolution allocating duties of the County Administrative Officer as discussed/Ayes: Unanimous. (M)Bibby, (S)Fritz, County Counsel was appointed as negotiator to retain Mike Coffield to provide budget, personnel, risk management and negotiations/labor relations services as discussed/Ayes: Unanimous. INFORMATION – No action was necessary on the following: List of Contracts Entered into by the County Administrative Officer Pursuant to Ordinance 3.08, for the Months of April, May, June and July 2006 (Interim County Administrative Officer) CONSENT AGENDA: CA-1 Approve Budget Action Transferring Funds within the Sheriff’s Budget Due to Unanticipated Expenditure Increases ($11,691) (Sheriff); Res. 06-352 CA-2 Approve an Agreement with R. W. Rosebrock to Euthanize Stray/Unwanted Pets and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Sheriff); Res. 06-366 CA-3 Approve an Agreement with Cathy Rohrbaugh to Provide Learning Disabled Evaluations for Individuals in the CalWORKs Program for Fiscal Year 2006-2007 and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Human Services Director); Res. 06-353 CA-4 Approve an Agreement with Mother Lode Job Training (MLJT) to Provide Assessment Services for Individuals in the CalWORKs Program for Fiscal Year 2006-2007 and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Human Services Director); Res. 06-354 CA-5 Adopt a Resolution Approving the Substance Abuse & Crime Prevention Act (SACPA Prop 36) Program Plan for Fiscal Year 2006-2007 (Human Services Director); Res. 06-355 ---PAGE BREAK--- 7 8-1-06 CA-6 Approve an Agreement with Heritage Oaks Hospital for Residential Impatient Services for Fiscal Year 2006-2007 and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Human Services Director); Res. 06-356 CA-7 Approve an Agreement with Merced Behavioral Health Center for Residential Inpatient Services for Fiscal Year 2006-2007 and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Human Services Director); Res. 06- 357 CA-8 Approve an Agreement with Crestwood Behavioral Health for Inpatient Services for Fiscal Year 2006-2007 and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Human Services Director); Res. 06- 358 CA-9 Approve Continuing an Agreement with Kathy Albright for Fiscal Assistance for Fiscal Year 2006-2007 and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Human Services Director); Res. 06-359 CA-10 Approve a Contract with Progress House, Inc. for Residential Alcohol and Drug Treatment Services for Fiscal Year 2006-2007 and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Human Services Director); Res. 06- 360 CA-11 Approve an Agreement with Sierra Vista Hospital for Residential Inpatient Services for Fiscal Year 2006-2007 and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Human Services Director); Res. 06-361 CA-12 Approve an Agreement with Merced County Department of Mental Health for Residential Inpatient Services for Fiscal Year 2006-2007 and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Human Services Director); Res. 06-362 CA-13 Approve Budget Action Transferring Funds from Coulterville Utility Capital to Coulterville Service Area, and Appropriating Unanticipated Revenue and Transferring Funds within the Coulterville Service Area Budget to Cover Anticipated Expenditures through June 30, 2006 for Fiscal Year 2005-2006 ($9,375) (4/5th’s Vote Required) (Public Works Director); Res. 06-367, with a request for staff to review the possibility of including the district in the tax structure or possibly obtaining a grant CA-14 Approve Budget Action Transferring Funds within the Road Division Budget between Various Line Items to Cover Anticipated Expenditures through June 30, 2006 for Fiscal Year 2005-2006 ($69,251) (Public Works Director); Res. 06-363 CA-15 Adopt a Resolution Approving 1) Consolidating John C. Fremont Healthcare District Election, Mariposa County Unified School District Election, and for the Wawona Precinct Only (Wawona-Fish Camp Area are a Part of the Following School Districts), Bass Lake School District, and Yosemite Unified School District Elections with the November 7, 2006 General Election, Pursuant to EC 10401; 2) Direct County Clerk to Canvass Returns of Said Election Pursuant to EC 10411 and 15301; 3) Direct County Clerk to Bill the Healthcare District, the Madera County Office of Education, and the Mariposa County Unified School District in Full for Cost of Services Performed in the Conduct of the Portion of ---PAGE BREAK--- 8 8-1-06 the Election Relating to Each of their Respective Districts (County Clerk); Res. 06-364 CA-16 Approve an Agreement with S & R Enterprises for Software and Assistance in Completing the Countywide Cost Allocation Plan for use in 2006-2007 and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Auditor); Item was pulled at the request of the Auditor CA-17 Approve Two Grant Applications to Pacific Gas & Electric (PG&E), the First Application is an Economic Development Grant Requesting $10,000 to Implement a Marketing Campaign Promoting “MARIPOSA IS OPEN FOR BUSINESS”. The Second Application is a Community Development Grant Requesting $10,000 to Implement the Coulterville Neighborhood Revitalization Project – Phase I (Interim County Administrative Officer); Res. 06-365 2:35 p.m. Adjournment in memory of Darell I. Deal, Helen Ruth Watts, Ellen Joan Harry, and Elinor M. Croft Rollston. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board