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MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA July 19, 2005 Time Description 9:10 a.m. Meeting Called to Order at the Mariposa County Government Center, with Supervisor Stetson excused to attend the National Association of Counties (NACO) Conference. Pledge of Allegiance Introductions Bob Pickard, Chairman and Janet Bibby, Supervisor District III; Adopt a Certificate of Appreciation Recognizing the Mariposa Division of the California Highway Patrol for Their Thirty-Years of Continuous Support of the Annual Mariposa County Pioneer Wagon Train by Providing Safe and Courteous Service to the Event BOARD ACTION: (M)Bibby, (S)Fritz, the Certificate was approved and presented to Lt. Jennie Baldon and Sgt. Michael Chatty, and Officer Al Arredondo was present/Ayes: Turpin, Bibby, Fritz, Pickard; Excused: Stetson. Ron Wilson and Becky Crafts, Wagon Train committee, were present, and Ron thanked the CHP for their assistance. Chairman Pickard also acknowledged the assistance of the Sheriff’s Department with this annual event. Lt. Baldon thanked the Board and the Sheriff’s Department for support of this historic event. Cathi Boze, Agricultural Commissioner; Adopt a Resolution Proclaiming July 18th through 24th, 2005, as “California Invasive Weed Awareness Week” BOARD ACTION: (M)Fritz, (S)Turpin, Res. 05-331 was adopted and presented to Cathi Boze/Ayes: Turpin, Bibby, Fritz, Pickard; Excused: Stetson. Public Presentations: For Non-Timed Agenda Items including Attention, Information, and Consent Agenda, and for Items Not on the Agenda Annie Durazo, representative for health care workers in Mariposa County, commented on the status of the budget for the State and she advised that the IHSS budget has not been cut. She also advised that settlement has been reached with Amador County and the health care workers. Board Information Supervisor Fritz advised that the Republican Central Committee picnic is scheduled for Wednesday evening at the Fairgrounds. Senator Poochigian is scheduled to be at the Government Center on Thursday morning to give an update on issues. The July 4th celebration planning committee met last Wednesday, and they have decided to change their name to the “event committee for Mariposa” and will work on events for each quarter. She also advised that the Mariposa t-shirts are still available for sale with proceeds to go to the Kiwanis to help with the costs of the fireworks for next year. Supervisor Bibby read a letter that was submitted as an addendum to a previous letter from property owners in the North County commending the Sheriff’s Department for the marijuana eradication and requesting commendation for the Sheriff’s staff that was involved in the raid. She advised that Catheys Valley is scheduled to have a community meeting on Wednesday, and that it may need to be continued. Supervisor Turpin commended the Sheriff’s Department for the professional procedures used in the eradication of the marijuana. He also noted that his son, Jason, and grandson, Shey, were present. A District II meeting is scheduled for Thursday in Greeley Hill, and there will be presentations by the Sheriff on the property identification project, and by Kim Bullock of the Fire Safe Council, with support staff and agencies, on the fuel reduction project. ---PAGE BREAK--- 7-19-05 2 Approval of Minutes 6-14-05, Regular Meeting BOARD ACTION: (M)Bibby, (S)Turpin, the minutes were approved/Ayes: Turpin, Bibby, Fritz, Pickard; Excused: Stetson. Approval of Consent Agenda (See End of Minutes) BOARD ACTION: Supervisor Pickard pulled items 13 and 16. Supervisor Turpin pulled items 2 and 13. (M)Bibby, (S)Turpin, the balance of the items was approved/Ayes: Turpin, Bibby, Fritz, Pickard; Excused: Stetson. Consent Agenda item 13 – Supervisor Pickard initiated discussion relative to the spread of the seeds from the invasive weeds. Cathi Boze, Agricultural Commissioner, noted that seeds spread from the right- of-ways along roads. Supervisor Turpin noted the need to work with CalTrans on this issue. Supervisor Bibby advised that during her meeting with Dinah Bortner of CalTrans, this issue was discussed and she will review their existing spraying activities in the County. (M)Bibby, (S)Fritz, item 13 was approved with direction to add Senator Poochigian and Cogdill to the distribution of the letter/Ayes: Turpin, Bibby, Fritz, Pickard; Excused: Stetson. Consent Agenda item 16 – Supervisor Pickard acknowledged the accomplishment of Muddie Wold reaching 103 years of age. Supervisor Bibby advised of the upcoming birthday party. (M)Bibby, (S)Fritz, item 16 was approved/Ayes: Turpin, Bibby, Fritz, Pickard; Excused: Stetson. Consent Agenda item 2 – Supervisor Turpin initiated discussion relative to the walkway project. Dana Hertfelder, Public Works Director, provided input relative to the status of the design of the project. (M)Turpin, (S)Bibby, item 2 was approved/Ayes: Turpin, Bibby, Fritz, Pickard; Excused: Stetson. Blaine Shultz, Fire Chief; Establish an Additional Volunteer Fire Company in the Department, Company 24 Don Pedro, to Meet Standard Level of Service; Authorize Storage of Engine 24 at the Sheriff’s Substation on Merced Falls Road; Authorize Expenditure of $7,000 to Construct a Cover to House Engine 24; and Discussion of the Status of the California Department of Forestry (CDF) Amador Contract for the Blanchard CDF Station BOARD ACTION: Discussion was held with Blaine Shultz relative to fire protection for the Lake Don Pedro area. Supervisor Turpin clarified that the formation of Company 24 is to compliment/enhance the services provided to the North County, and is not to do away with the Amador contract. Discussion was held. Input from the public was provided by the following: Jim Haden asked why the firefighters left Tuolumne County to provide service through Mariposa County; and he asked if the Blanchard CDF station is changing its location. Blaine Shultz responded that he does not know why the firefighters are requesting to provide service through Mariposa County; and he advised that there has been some discussion on moving the Blanchard Station, but he is not aware of any plans in the near term. Gary Marshall, CDF Division Chief, advised that the State is rebuilding all of the old fire stations, and he will obtain more information on the proposal for the Blanchard Station. He also noted that if they move a station, it is kept within the area. Discussion was held relative to the Amador contract and fire services and options for funding the cost of the contract. Carl Casey/PWD-Fiscal Officer, provided input relative to the Amador contract and the charges for six captains, and the financial impact of the contract on the 1M Fund. Supervisor Bibby commented on the status of the Bridgeport Fire Station project and the impact it has had on the residents since it is not up and running. She also asked that the Fire Chief provide information for the future – whether volunteers would be paid to cover the stations, and stated she feels that these issues need to be reviewed on a countywide basis. Supervisor Turpin noted that the Amador contract guarantees medical services to the area. Discussion was held. Dana Hertfelder, Public Works Director, provided input relative to the formation of the Lake Don Pedro subdivision and the provision for fire protection services. George Wesley “Wes” Snyder reviewed the history of the 1M formation; and he noted that with the increase in population, there is a growing need for the Amador contract and the provision of medical services. He suggested that the 1M Fund contribute $10,000 toward the Amador contract and that the County pay the rest. He noted that he feels that the golf course will be open in four to six months and the condominiums are being renovated and this will increase the 9-1-1 calls for service. He also commented on his personal history with being saved by the medical services in the area. He noted that he has served as a volunteer firefighter, EMT, ambulance driver, and reserve deputy sheriff for the area. Sally Punte referred to her letter that she distributed to the Board, and she advised that she may have been off on a couple of things relative to the 1M funding and she feels it is good that the Service Area contributes to the Amador contract; however, she noted that they have two lakes and the golf course in their area that increase the need for services. She asked about the response statistics for Engines 24 ---PAGE BREAK--- 7-19-05 3 and 26; the training levels for the firefighters; and she asked for clarification of the CDF paid staffing under the contract. Blaine Shultz responded to the questions. Jim Haden provided input on the status of Tuolumne County maintaining the Amador contract and their actions to try to renegotiate the cost of the contract. Wes Snyder provided input on the 1M Committee’s request for the County to investigate the possibility of a parcel tax in both counties, and he advised that they never received a response. Chairman Pickard advised of County Counsel’s review of the issues and the Proposition 218 process. Sally Punte asked that the Board get back to the community with a local meeting. Supervisor Turpin noted that the membership is current on the Don Pedro 1M Committee and can facilitate keeping in touch with the community. Further discussion was held. Blaine Shultz initiated discussion relative to request to expend funds to construct a cover to house Engine 24. He advised that the funds can come from their Building Maintenance line item and he is not requesting additional funding. Supervisor Bibby asked Public Works to research the status of property that Boise Cascade gave to the County and/or the 1M Service Area during the formation of Lake Don Pedro. (M)Turpin, (S)Fritz, Res. 05-347 was adopted establishing Volunteer Fire Company No. 24 in the Don Pedro area; and authorizing $7,000 to be expended to construct a cover for the engine from the FY 2005-06 budget. Supervisor Turpin clarified that the establishment of this Company does not replace the Amador contract, but is to compliment service for the area. Ayes: Turpin, Bibby, Fritz, Pickard; Excused: Stetson. 10:56 a.m. Dana Hertfelder, Public Works Director; A) PUBLIC HEARING Regarding the Report of Delinquent Fees, and Board Approval to Add the Delinquent Fees to the Appropriate Property Tax Roll for Collection BOARD ACTION: The public hearing was opened and continued to after a recess. 10:57 a.m. Recess 11:15 a.m. PUBLIC HEARING Regarding the Report of Delinquent Fees, and Board Approval to Add the Delinquent Fees to the Appropriate Property Tax Roll for Collection. The Delinquent Fees are Unpaid Water, Sewer, Road, and Standby Fees Charged to Property Owners in Several County Special Districts. BOARD ACTION: Dana Hertfelder, Public Works Director, presented the staff report. Carl Casey, PWD-Fiscal Officer, responded to questions from the Board relative to the reduction in the delinquent fees over the years, and relative to collecting for the interest and collection costs. The public portion of the hearing was opened. There was no public input. The public portion of the hearing was closed, and the Board commenced with deliberations. (M)Fritz, (S)Turpin, Res. 05-348 was adopted approving the addition of the delinquent fees for unpaid water, sewer, road, and standby fees in the County special districts to the appropriate property tax roll for collection/Ayes: Turpin, Bibby, Fritz, Pickard; Excused: Stetson. The hearing was closed. B) Approve Budget Action for Fiscal Year 2004-2005 for the Don Pedro 1-M Budget Decreasing Reserves by $16,000 and Increasing Appropriations for Fire Protection Agreement in Order to Pay the Annual Invoice from Tuolumne County for Off-Season Fire Protection in the Lake Don Pedro Subdivision. BOARD ACTION: Discussion was held with Dana Hertfelder relative to the status of the budget for Lake Don Pedro 1-M and the fire protection services. (M)Turpin, (S)Bibby, Res. 05-349 was adopted approving the request. Supervisor Turpin asked that this issue be referred to staff to review. Rich Inman, County Administrative Officer, advised that direction could be given to him and he could work with other staff, as necessary, to look at these issues and bring back an item for this and other districts. The Board concurred with this direction. Ayes: Turpin, Bibby, Fritz, Pickard; Excused: Stetson. Discussion and Possible Further Action Regarding the Local Emergency Due to the Flooding that Occurred throughout the County (County Counsel) BOARD ACTION: Tom Guarino, County Counsel, advised that this action is still necessary while claims and other requests are being submitted to the State. (M)Bibby, (S)Fritz, Res. 05-350 was adopted ---PAGE BREAK--- 7-19-05 4 continuing the local emergency due to the flooding that occurred throughout the County/Ayes: Turpin, Bibby, Fritz, Pickard; Excused: Stetson. Discussion, Direction, and Action with Respect to Initiating Discussions with the United States Department of Agriculture (USDA) and the American Indian Council of Mariposa County Regarding the Preservation, Environmental Enhancement, and Economic Development for the Area Known as Jordan Creek/Bower Cave Special Interest Area (Supervisor Turpin) BOARD ACTION: Supervisor Turpin initiated discussion, and he suggested that the reference to other entities be deleted in the MOU. Tom Guarino, County Counsel, clarified that the recommended action is to authorize Supervisor Turpin to engage in negotiations with the USDA Forest Service and the American Indian Council of Mariposa County and to bring back an MOU. (M)Fritz, (S)Bibby, authorization was given to Supervisor Turpin as recommended/Ayes: Turpin, Bibby, Fritz, Pickard; Excused: Stetson. Discussion and Direction Relative to Revising Chapter 3.08 of the Mariposa County Code Entitled, “Purchasing” (County Counsel) BOARD ACTION: Discussion was held with Tom Guarino, County Counsel, relative to the recommended revisions, and he advised that a $10,000 cap is being suggested for the County Administrative Officer, with a $1,000 cap for department heads for contracts for services. Supervisor Bibby clarified that County Counsel will still review every contract thoroughly, and she asked about the contract renewal process. Tom Guarino advised that any contract over one year in length would need to come to the Board. Discussion was held relative to the recommended process and handling contracts that may have sensitivity issues with Board members; and providing public notification of the contacts being awarded. Rich Inman, County Administrative Officer, advised that the Board could take action to include direction that he report to the Board on pending contracts to give the Board members an opportunity to provide input or express concern. (M)Fritz, (S)Turpin, direction was given for County Counsel to bring back an ordinance to revise the County Code relative to the purchasing process as discussed, and with direction for the County Administrative Officer to bring an item back relative to processing the contracts that he will have authority to sign. Tom Guarino advised that the item could include processing the contracts that the department heads will have the authority to sign. He also advised that when the ordinance comes back, the Board could adopt a policy document in the form of a resolution to implement this. Ayes: Turpin, Bibby, Fritz, Pickard; Excused: Stetson. 12:04 p.m. CLOSED SESSION: Conference with Legal Counsel Relative to Anticipated Litigation/Significant Exposure to Litigation for a Case Pursuant to Subdivision of Government Code Section 54956.9 (County Counsel) BOARD ACTION: Tom Guarino, County Counsel, advised that this closed session is not needed. CLOSED SESSION: Conference with Legal Counsel Relative to Anticipated Litigation/Initiating of Litigation for a Case Pursuant to Subdivision of Government Code Section 54956.9 (County Counsel) BOARD ACTION: (M)Bibby, (S)Fritz, the closed session was held/Ayes: Turpin, Bibby, Fritz, Pickard; Excused: Stetson. 12:14 p.m. Lunch 2:10 p.m. Chairman Pickard announced that action was taken by unanimous vote to initiate litigation against the Adamson’s for code violation. Rich Inman, County Administrative Officer and Dana Hertfelder, Public Works Director; PUBLIC HEARING Involving Community/Public Participation to Develop and Submit a Possible Planning and Technical Assistance Grant (PTA) Application to the State Community Development Block Grant Program for the Purpose of Developing Drainage Study for the Town of Mariposa BOARD ACTION: Marilyn Lidyoff, Administration-Business Development Coordinator, presented the staff report and reviewed the purpose of the public hearing and the grant requirements. Marilyn responded to a question from the Board and advised that she will check to see whether a special district could apply for this grant. Dana Hertfelder, Public Works Director, provided input relative to the drainage problems in town and in Coulterville, and relative to the purpose of this study. Gwen Foster/PWD-Associate Engineer, provided detailed information on the purpose of the drainage study and ---PAGE BREAK--- 7-19-05 5 what it will accomplish. Staff responded to questions from the Board relative to the grant funding and what is expected to be accomplished with the study; impacts this project will have on staff and the existing workload; whether staff would be compensated through the grant for their work on the study; relative to the possibility of coordinating with the Resource Conservation District for a joint project and for staff assistance; coordinating with MPUD; process for selection of the consultant if the grant is awarded; timeframes for completion of the study; consideration of implementation of recommendations resulting from the study; and clarification of the number of grants that can be submitted per year. The public portion of the hearing was opened, and the following input was provided: Paul Chapman provided input on “Darcy’s Law” – the physics of hydrology. Staff responded to a question from the Board and advised that a grant application from Human Services for the Mother Lode Job Training program would not affect this application. The public portion of the hearing was closed and the Board commenced with deliberations. Staff responded to additional questions from the Board relative to the timeline for the grant application and process; and the availability of staffing. (M)Fritz, (S)Bibby, Res. 05-351 was adopted authorizing the submission of the grant application for the towns of Mariposa and Coulterville/Ayes: Turpin, Bibby, Fritz, Pickard; Excused: Stetson. 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. 05-332 CA-2 Authorize the Chairman of the Board of Supervisors to Approve the First Amendment to the Professional Service Agreement with Roger Stephens Engineering for the Design of a Walkway along and next to Fiske, Holtzel, and Greeley Hill Roads, by Extending the Completion Date (Public Works Director); Res. 05-346 CA-3 Approve Budget Action for Fiscal Year 2004-2005, Transferring Funds within the Yosemite West Budget to Cover the Cost of Professional Services and Equipment Maintenance through June 30, 2005 ($11,000) (Public Works Director); Res. 05- 333 CA-4 Approve Budget Action for Fiscal Year 2004-2005, Transferring Funds within the Facilities Budget to Cover Expenditures through June 30, 2005 ($6,800) (Public Works Director); Res. 05-334 CA-5 Approve Budget Action for Fiscal Year 2004-2005, Transferring Funds within the Mariposa Pines Sewer Budget to Cover the Cost of Professional Services through June 30, 2005 ($3,000) (Public Works Director); Res. 05-335 CA-6 Approve Budget Action for Fiscal Year 2004-2005, Transferring Funds within the Transit Budget to Cover Unanticipated Expenditures when North County Transit Drivers had to Utilize Personal Vehicles when doing Bus Exchange ($90) (Community Services Director); Res. 05-336 CA-7 Authorize the Chairman of the Board of Supervisors to Sign the Amended Agreement between Mariposa County Community Services and Area 12 Agency on Aging and Approve Budget Action for Fiscal Year 2004-2005 Reducing the Funding for the Number of Senior Restaurant Meals Served at the Coulter Café from Seven Thousand to Four Thousand ($5,420) (4/5ths Vote Required) (Community Services Director); Res. 05-337 ---PAGE BREAK--- 7-19-05 6 CA-8 Approve Rental Agreement and Authorize the Chairman of the Board of Supervisors to Sign Agreement with 35-A District Agricultural Association for Right to Occupy Informational Booth during the Mariposa County Fair and Homecoming (Community Services Director); Res. 05-338 CA-9 Adopt a Resolution Authorizing the Chairman of the Board of Supervisors to Execute a Restaurant Meal Program Agreement with the Coulter Café to Provide Senior Citizens in the North County with Hot Meals (County Counsel); Res. 05- 339 CA-10 Authorize the Chairman of the Board of Supervisors to Sign an Agreement with the 35-A District Agricultural Association for a Booth at the 2005 Mariposa County Fair for Use by the Elections Department for the Display and Demonstration of the New Voting System (County Clerk); Res. 05-340 CA-11 Authorize the District Attorney to Hire Lloyd Myers as the District Attorney Investigative Assistant at Range 206, Step 5, based on his Extensive Experience and Extraordinary Qualifications (District Attorney); Res. 05-341 CA-12 Authorize the Human Services Department to Enter into an Agreement with Mother Lode Job Training (MLJT) to Provide Assessment Services for Individuals in the CalWORKs Program that Totals $22,000 for Fiscal Year 2005- 2006 and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Human Services Director); Res. 05-342 CA-13 Adopt a Resolution Authorizing the Chairman of the Board of Supervisors to Sign a Letter to the California Department of Transportation District 10, Requesting their Assistance in the Control of Invasive Weeds on State Right-of-Ways (Agricultural Commissioner); Res. 05-345, with direction to expand distribution of the letter CA-14 Adopt a Resolution Accepting Funding for Fiscal Year 2005-2006 in the Amount of $48,697 for the Continuation of the Mariposa County Juvenile Justice Crime Prevention Act (JJCPA), Administered by California Board of Corrections (BOC) to be used for Personnel, Benefits, Services, and Supplies within the Probation Department (Chief Probation Officer); Res. 05-343 CA-15 Approve Budget Action for Fiscal Year 2004-2005 Transferring Funds within the Fire Budget Unit to Adjust Line Items due to Unanticipated Expenses ($400) (Fire Chief); Res. 05-344 CA-16 Approve Certificate of Recognition and Congratulations to Muddie Wold on Celebrating her 103rd Birthday on July 20, 2005 (Supervisor Bibby) 2:52 p.m. Adjournment in memory of Victor DeLeon, Dorothy Odgers, and Sue Phillips. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board