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Time Description 9:06 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Introductions 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: Dave Martin, District Ranger for the Sierra National Forest, provided a status report on the Ferguson slide. He advised that their Type 2 team that was set up to handle the emergency response system has completed the response plan and they transitioned out on Sunday and moved the responsibility for the landslide to the Forest Service. Denise Tolmie, USFS, is the current Type 3 Incident Commander. The Forest Service will continue to have 24-hour watch on the slide for the next month or so with people and radios, and they are planning to transition to an automated system. Long-term transitioning will be to CalTrans. He advised that in his discussions with Dinah Bortner/CalTrans, they may have a temporary fix by the end of summer if the rocks stop falling. He introduced Pam Bierce, USFS Incident Information Officer. Discussion was held relative to projected timeframes to regain access in the canyon. Supervisor Stetson advised that CalTrans has hired a construction firm to install two bridges for controlled, one-lane traffic that would accept a 40-foot bus. Supervisor Pickard asked about the possibility of using cranes to remove the debris, and Dave Martin advised that all options are being reviewed by the Army Corps of Engineers. Dave Martin also advised that Mike Hendrickson is the CalTrans lead person for this project. Supervisor Bibby asked about funding issues and was advised that CalTrans is pursuing all avenues. It was clarified that campgrounds are open and that rafting is on-going. Input from the public was provided by the following: Donald Weston suggested the use of large cranes for clearing the debris. Chris Valdez, representing Congressman Radanovich, provided information on their efforts to obtain a Presidential declaration for the disaster for infrastructure and for economic recovery for the businesses, and relative to the Small Business Administration services. He noted that the Presidential declaration for the other counties in the State did not include economic recovery for the businesses, and was for infrastructure only. (M)Pickard, (S)Turpin, Res. 06-245 was adopted finding the local emergency due to the landslides on Highway 140 enroute to Yosemite National Park continues to exist, and continuing the local emergency based on the findings, including economic and socio-economic impacts/Ayes: Unanimous. Public Presentation: For Non-Timed Agenda Items including Attention, Information, and Consent Agenda, and for Items Not on the Agenda Dana Hertfelder, Public Works Director, advised that he received a Certificate of Occupancy for the compost facility; and he thanked Environmental Health for their assistance. They will begin to accept commercial waste on Wednesday and waste from the general public on July 8th. Rick Peresan, Technical Services Director, provided information on the survey results of the TDS telephone service area. The cost of survey was about $475 and 602 survey requests were sent out, with MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA June 20, 2006 ---PAGE BREAK--- 2 6-20-06 34 returned as undeliverable. There were 67 responses received – 30 reported no problem, and 37 reported the typical problems that they had been hearing. He advised that they will forward those complaints to TDS and ask them to contact their customers and to keep the Board informed of what they are doing to improve services. Supervisor Bibby commented on the need for the switch to be replaced in Hornitos; and she and Supervisor Turpin thanked Rick for his efforts in this matter. Rita Kidd, MERG Committee for the Preservation of Catheys Valley and Hornitos, presented the following letters: 1) letter formalizing comments for the Redington Ranch appeal, supporting the Planning Director’s denial of Certificates of Compliance; 2) letter requesting the calendaring of a public hearing on a parcelization moratorium. Rita Kidd advised that she was asked by Delores Ortiz to request that staff be directed to bring back a resolution establishing a community planning advisory committee for Hornitos at the earliest possible date. Tom Guarino, County Counsel, requested that the Board direct the Clerk of the Board to not distribute the letter formalizing comments for the Redington Ranch appeal as the Board is in the deliberation phase of the appeal hearing. He advised that he will review the letter and report back if there is anything new. He also advised that he can talk with Planning staff about calendaring the moratorium request. Paul Chapman referred to items on the Consent Agenda: item 8 – he questioned why Dell was selected as a sole source provider for the computer equipment and he asked about the size and cost of the system; and item 12 – he questioned the amount of outside labor for fleet maintenance, and he suggested that these budgets should be audited. 10:00 a.m. Recess 10:15 a.m. Mike Coffield, Interim County Administrative Officer; Presentation by Tony Radanovich Regarding Additional Funding for the Rural Media Arts Center and 6th Street Cinema BOARD ACTION: Tony Radanovich presented his request for additional funding in the amount of $10,000. He presented a video of interaction between students in Iraq and the United States, and advised that they want to have six live satellite video conferences between students in the coming school year. He presented information on their programs and efforts to obtain funding. Discussion was held relative to the request and giving further consideration during the budget hearing process. Motion by Fritz to approve the request was withdrawn, following further discussion. 10:43 a.m. Recess 10:52 a.m. Cheryle Rutherford-Kelly, Human Services Director; A) Presentation of the Designated Buddy Program and Join the Department in Thanking the Program Designer for her Dedication and Efforts to Prevent Child Drowning BOARD ACTION: Cheryle Rutherford-Kelly commended Dorothy Langworthy/HSD-Social Worker IV, and her husband for designing the Designated Buddy Program, and she advised that other areas are adopting the program. Dorothy Langworthy gave a power point presentation on the program, and she advised that information on the program is available on the web. She also advised that the program was recognized by the Attorney General’s State Child Death Review Council. Discussion was held. Supervisor Pickard asked that discussion be held with the Building Director relative to requiring fencing around residential swimming pools. Mike Coffield, Interim County Administrative Officer, advised that he will pursue this issue with the Building Director. Approval of Consent Agenda (See End of Minutes) BOARD ACTION: Supervisor Turpin pulled items 1, 14, and 25. Supervisor Bibby pulled items 1, 6, 8, and asked for separate action on item 20. (M)Fritz, (S)Pickard, the balance of the items was approved/Ayes: Unanimous. The pulled items were continued to later in the meeting. ---PAGE BREAK--- 3 6-20-06 B) Approve a Professional Services Agreement with John P. Trujillo, PhD. to Provide Parenting Classes and Authorize the Chairman of the Board of Supervisors to Sign the Agreement BOARD ACTION: Discussion was held with Cheryle Rutherford-Kelly relative to the contract and the program requirements, and she advised of a modification to the components of the curriculum to delete “spirituality.” (M)Bibby, (S)Fritz, Res. 06-265 was adopted approving the contract with the modification to the contract to delete “spirituality” from the components of the curriculum/Ayes: Unanimous. Dana Hertfelder, Public Works Director; Adopt a Resolution Adopting the Engineer’s Report, Confirming the Assessment, Ordering the Work and Acquisitions, and Directing Actions with Respect to Assessment District No. 05-01 for the Wastewater Facilities Project for Lake Don Pedro County Service Area 1-M, Sewer Zone No. 1 BOARD ACTION: Dana Hertfelder reviewed the ballot tabulation results and the process with the assessment notices; and he advised that Carl Casey/Public Works Administrator, Fred Solomon/project manager; and Ed Wilson/assessment engineer were present to answer any questions. Supervisor Bibby asked for clarification relative to the letter that was received the previous week from the State Department of Conservation concerning compatible use of this project and the Williamson Act contract. Tom Guarino, County Counsel, advised of his discussion on Monday with the author of the letter from the State. The author is going to go back to his clients to discuss options for the issues and he will bring back that information to the Board. He advised that it is okay for the Board to move forward today. Discussion was held. Supervisor Bibby asked about being able to be reimbursed for the first parcel that was purchased for the project. Dana Hertfelder advised of the allowable timeframes for claiming reimbursement under the Proposition 218 process; however, they will review the costs to see if there is a way to recoup them. Discussion was held relative to the rate structure. Input from the public was provided by the following: Cathie Pierce, Farm Bureau President, provided input on her meeting with County Counsel on Thursday; and she advised that they are not opposed to the project, they just want to make sure that the Williamson Act is followed. She read an email she received from John Gamper relative to discussion with Dennis O’Bryant at the State Department of Conservation relative to the statutes of limitation for the Williamson Act contract provisions on this project – they believe there is no statute of limitation. Speaking as an individual, she feels that if compromise is not reached in this matter and the County is found in violation, that any penalty or claim coming from this project not being done properly should come from the assessment district and not the taxpayers of the County. (M)Turpin, (S)Pickard, Res. 06-266 was adopted adopting the Engineer’s Report, confirming the assessment, ordering the work and acquisitions, and directing actions with respect to Assessment District No. 05-01 for the wastewater facilities project for Lake Don Pedro County Service Area 1-M, Sewer Zone No. 1. Supervisor Bibby commented on the Assessment District being responsible for any penalties. Ayes: Stetson, Turpin, Fritz, Pickard; Noes: Bibby. Supervisor Bibby asked about making a second motion relative to dealing with any penalties or claims and was advised that the issue was not on the agenda, and that would be resolved by a matter of law. Consent Agenda item 1 – agreement with Mari for office space for the Grand Jury. Discussion was held relative to the utility rate; whether office space for the Grand Jury was included in the impact fee study; how often the space is used; and how the space is cleaned. (M)Bibby, (S)Turpin, item 1 was approved, with direction that this be factored into the impact fee study. Further discussion was held. Supervisor Pickard stated he would like to see the impact fee study issue considered separately as that is already in progress with the scope of work. Tom Guarino, County Counsel, stated he feels it would be cleaner for staff to have the agreement approved and he will follow-up with the requests for additional information. The motion was amended by the maker, agreeable with the second, to delete the direction for the space to be factored into the impact fee study/Ayes: Unanimous. Consent Agenda item 6 – budget action transferring funds in Alcohol and Drug budgets. Supervisor Bibby asked about the prom for the Spring Hill High School students. Cheryle Rutherford-Kelly, ---PAGE BREAK--- 4 6-20-06 Human Services Director, advised that she has a presentation scheduled on the next agenda to discussion the entire alcohol and drug program. She advised that the prom event has already occurred and is a justified expense for this program. Supervisor Bibby asked for additional information before this event is scheduled for the next year. Supervisor Pickard asked if funding is used toward the Sober Grad Night program at the High School. (M)Pickard, (S)Fritz, item 6 was approved/Ayes: Unanimous. Consent Agenda item 8 – purchase of server components for the compost facility and budget action. Supervisor Bibby asked for a response to the public presentation input on this item. Rick Peresan, Technical Services Director, advised that different servers have been used and Dell has performed the best and they are trying to standardize the equipment; and he provided input on the recommended specifications. Carl Casey, Public Works Administrator, provided information on the budget transfer request. (M)Pickard, (S)Fritz, item 8 was approved/Ayes: Unanimous. Consent Agenda item 14 – renewal of agreement with Clara Mossman for janitorial services for the Child Support Services building. Supervisor Turpin asked for clarification of the insurance amount. Debbie Walton, Child Support Services Director, advised that the correct amount is $300,000. There was a typographical error in the agreement. (M)Turpin, (S)Pickard, item 14 was approved, with the correction of the typographical error/Ayes: Unanimous. Consent Agenda item 25 – use of Title III funding from the Secure Rural Schools and Community Self- Determination Act of 2000. Supervisor Turpin initiated discussion relative to this request. Kimberly Bullock, Fire Safe Council, provided input relative to their request to purchase a chipper. (M)Turpin, (S)Fritz, item 25 was approved/Ayes: Unanimous. 12:20 p.m. Supervisor Bibby excused herself from the following matter due to a potential conflict of interest as she has a remainder interest in an estate for real property with her cousin; and her cousin is employed at the Jail. Consent Agenda item 20 – MOU with the Deputy Sheriffs’ Association. (M)Pickard, (S)Fritz, item 20 was approved/Ayes: Stetson, Turpin, Fritz, Pickard; Excused: Bibby. Board Information Supervisor Bibby advised of the Catheys Valley Volunteer Fire Department’s BBQ held on Sunday. On Saturday, the Catheys Valley Volunteer Fire Department, CDF and the Gordo family honored former District III Supervisor George Gordo with a tree planted in his memory at the Fire Station/McCay Hall. On Wednesday, she plans to attend the Community Action Agency meeting with Supervisor Turpin. There will be a parking district meeting on Thursday at 6:00 p.m. at the Government Center. Supervisor Fritz advised that she attended the CSAC (California State Association of Counties) Board of Directors meeting on Thursday in Sacramento. She attended the Child Abuse Prevention Council meeting on Friday. She advised of the bicycle race scheduled in the County for this coming weekend. She asked that contact information for events be included in the future so that the Chamber of Commerce can include the events in their calendar. She noted that the Coulterville Fire Brigade is holding its deep pit BBQ on July 1st; and on July 1st, the Jerseydale area fire station committee is holding a fundraiser at the Fish and Game Hall to build their fire station. The events committee will meet at the Government Center this evening, and entry forms are available for the “push me, pull me” parade scheduled for the 4th of July. The first annual Street Fair is scheduled for Wednesday. Supervisor Pickard advised that he plans to attend the Regional Council of Rural Counties (RCRC) meeting in Sacramento on Wednesday; and on Thursday and Friday, he plans to attend the annual strategy planning meeting for the County Medical Services Program (CMSP). He advised that there is a hearing today in the Budget Committee on AB 2479, the noxious weed legislation, and there will be a meeting on Wednesday with the Governor’s Office and staff on this. He advised that AB 1960, gas tax funding for the three counties without incorporated cities, is on suspense at this time, and they are working with Advocation and looking at options. ---PAGE BREAK--- 5 6-20-06 Supervisor Turpin invited everyone to the Coulterville Fire Brigade’s 37th annual deep pit BBQ on July 1st. He advised that the Don Pedro Equestrian and Pedestrian Trails Committee met last week, and they will suspend meetings for the summer. He plans to attend the Community Action Agency meeting in Coulterville on Wednesday. He advised of the responses he received as a result of the letter that he sent to Stanislaus and Tuolumne Counties to allow commercial traffic, including 45-foot buses, on Smith Station Road as an alternative route during the closure of Highway 140 due to the landslide. He advised that Elnora George of John C. Fremont Healthcare will be present for a meeting on July 6th to discuss establishment of a clinic in the North County. Supervisor Stetson advised that until the landslide issue is resolved, he plans to spend Fridays in Yosemite or El Portal, and he will pick up messages from his office voice mail. Supervisor Pickard suggested that he try to establish an email connection for additional access. 12:38 p.m. Recess 12:47 p.m. Approve an Agreement between the Superior Court of California and the County of Mariposa for Juvenile Dependency Legal Services and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (County Counsel) BOARD ACTION: Following discussion, (M)Bibby, (S)Pickard, Res. 06-273 was adopted approving the agreement/Ayes: Unanimous. Approve a Professional Services Agreement with the Law Firm of Best Best & Krieger LLP to Assist and Advise the County with the Boundary Line Adjustment Process and Amendment of the Deferred Improvement Agreement for the South Shore Project and Approve an Agreement with South Shore Ranches to Fund Legal Services and Authorize the Chairman of the Board of Supervisors to Sign both Agreements (County Counsel) BOARD ACTION: Discussion was held with Tom Guarino, County Counsel, relative to the request, staff time and reimbursement for costs. (M)Pickard, (S)Turpin, Res. 06-274 was adopted approving the agreements/Ayes: Unanimous. INFORMATION: On June 27, 2006, at 11:00 a.m., the Board of Supervisors are Scheduled to Take Action to Authorize the Chair to Sign a Memorandum of Understanding with the Administrative Office of the Courts for the Courthouse; and Following that Action, the Board will Recess to the Courthouse for a Signing Ceremony (County Counsel / Interim County Administrative Officer) BOARD ACTION: Tom Guarino, County Counsel, advised that the Memorandum of Understanding has been received from the Administrative Office of the Courts ; and he provided information on the action and ceremony scheduled for June 27th. CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: Deputy Sheriffs’ Association (DSA); Name of Designated Representative: Thomas P. Guarino, County Counsel (County Counsel) BOARD ACTION: This closed session was not held. CLOSED SESSION: Public Employee; Performance Evaluation of the Interim County Administrative Officer (Interim County Administrative Officer) BOARD ACTION: (M)Pickard, (S)Fritz, the closed session is to be held at 2:00 p.m./Ayes: Unanimous. 1:03 p.m. Lunch 2:04 p.m. The Board convened in closed session. 3:44 p.m. Chairman Stetson advised that direction was given to staff as a result of the closed session. ---PAGE BREAK--- 6 6-20-06 CONSENT AGENDA: CA-1 Approve an Agreement with Kenneth and Lamerna Mari for Office Space Occupied by the Grand Jury and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (County Counsel); Res. 06-267, with direction to staff CA-2 Approve an Agreement with Mariposa Preschool Cooperative, a California Non- Profit Corporation, for use of the Woodland Community Building for Fiscal Year 2006/2007 and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (County Counsel); Res. 06-246 CA-3 Approve an Agreement with Almost Like Home, Inc., a California Non-Profit Corporation, for use of the Woodland Community Building and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (County Counsel); Res. 06-247 CA-4 Approve the Application for a CalTrans Encroachment Permit in Support of Closing Highway 140, 11:00 a.m. – 12:30 p.m., Saturday, September 2, 2006, between Coakley Circle and 3rd Street in Support of the Fair Parade and Authorize the Chairman of the Board of Supervisors to Sign the Letter Documenting the Board’s Support and Approval (Technical Services Director/on behalf of the Lions Club); Res. 06-248 CA-5 Approve a Professional Services Agreement with Forensic Nurse Specialists of Central California, Inc. for Sexual Assault Examination Services (Sheriff); Res. 06-249 CA-6 Approve Budget Action Transferring Funds from the Alcohol & Drug Prevention Fund to the Alcohol and Drug Operating Fund ($5,500) (4/5ths Vote Required) (Human Services Director); Res. 06-268, with direction to staff CA-7 Approve an Agreement for Crisis Support Phone Services with Alameda County and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Human Services Director); Res. 06-250 CA-8 Approve the Purchase of Server Components for the Mariposa Solid Waste Compost Facility and Approve a Budget Action Transferring Funds within the Solid Waste Budget to Cover Anticipated Expenditures ($2,261) (Public Works Director); Res. 06-269 CA-9 Approve Budget Action Transferring Funds within the Solid Waste Budget to Cover Anticipated Expenditures through the Fiscal Year ($20,000) (Public Works Director); Res. 06-251 CA-10 Approve Budget Action Transferring Funds within the Solid Waste Budget for Heavy Equipment Costs that were Greater than Anticipated ($5,000) (Public Works Director); Res. 06-252 CA-11 Approve Budget Action Transferring Funds within the Compost Project Budget to Cover Anticipated Expenditures through the Fiscal Year ($5,000) (Public Works Director); Res. 06-253 ---PAGE BREAK--- 7 6-20-06 CA-12 Approve Budget Action Transferring Funds within the Fleet Services Budget to Cover the Cost of Operations through the Fiscal Year ($32,249) (Public Works Director); Res. 06-254 CA-13 Approve a Lease Agreement with Spriggs/US Bancorp for Copier and Related Service for the Solid Waste & Recycling Division for use at the Mariposa Solid Waste Compost Facility and Authorize the Director of Public Works to Sign the Agreement (Public Works Director); Res. 06-255 CA-14 Approve Renewal of an Agreement for Janitorial Services with Clara Mossman for the Child Support Services Building and Authorize the Child Support Services Director to Sign the Agreement (Child Support Services Director); Res. 06-270, with the correction of a typographical error in the agreement for the insurance amount; and with clarification that this agreement is for the Child Support Services Department CA-15 Approve an Extra Help Agreement with Gloria Attaway to Continue her Duties at the Health Department during the Hiring and Training Process for a New Office Technician at Current Wages of the Time of her Retirement (Health Officer); Res. 06-256 CA-16 Re-appoint Shirley Kendrick and Marilyn Wilcox to the Greeley Hill Planning Advisory Committee for a Term Expiring February 28, 2007 (Supervisor Turpin) CA-17 Adopt a Resolution Authorizing the District Attorney to Submit a Proposal to the State of California Office of Emergency Services District Attorney Victim/Witness Program 2006-2007, Grant in the Amount of $90,115 (District Attorney); Res. 06-257 CA-18 Adopt a Resolution Authorizing the District Attorney to Submit a Proposal to the State of California Office of Emergency Services District Attorney Statutory Rape Vertical Prosecution Program 2006-2007, Grant in the Amount of $27,123 (District Attorney); Res. 06-258 CA-19 Approve Budget Action Transferring Funds with the District Attorney Budget for the Purchase of Miscellaneous Office Supplies and a Lap Top Computer ($3,300) (District Attorney); Res. 06-259 CA-20 Approve the Memorandum of Understanding (MOU) with the Deputy Sheriffs’ Association (DSA) for the Term of October 1, 2005 through September 31, 2007 (Interim Personnel/Risk Manager); Res. 06-272 CA-21 Approve Budget Action Transferring Funds within the Board of Supervisors Budget for Travel Expenses that were Greater than Anticipated ($315) (Interim County Administrative Officer); Res. 06-260 CA-22 Approve an Agreement with Advocation for Lobbying Activities and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Interim County Administrative Officer); Res. 06-261 CA-23 Approve Budget Action Transferring Funds within the Tourism Budget for Office Supplies Due to an Increased Need in Printing and Printer Supplies Regarding the Ferguson Rockslide ($1,300) (Interim County Administrative Officer); Res. 06- 262 ---PAGE BREAK--- 8 6-20-06 CA-24 Approve an Agreement with Coulter Café to Provide Senior Citizens on the North Side of the County with Hot Meals and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Community Services); Res. 06-263 CA-25 Tentatively Approve the use of Title III Funding from the Secure Rural Schools and Community Self-Determination Act of 2000 (HR 2389) for Mariposa County Fire Safe Council’s Proposals (Interim County Administrative Officer); Res. 06- 271 CA-26 Adopt a Resolution and Accept Funding for the Fiscal Year 2006-2007 in the Amount of $72,001 for the Continuation of the Mariposa County Alternative Juvenile Detention Program (Chief Probation Officer); Res. 06-264 3:45 p.m. Adjournment in memory of Hazel M. Savage, O. G. “Ora” Vanderveer, Robert “Bob” G. Hohl, Alice Joy Jenkins, and Ellen L. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board