Full Text
Time Description 9:06 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Introductions Chairman Pickard introduced Chris Ebie, County Auditor. Blaine Shultz, Fire Chief; Approve Resolutions for Mariposa County Captain Mike McNabb and Mariposa County Fire Fighter Bob Clark on their Retirement from the Mariposa County Fire Department, Ponderosa Basin Fire Company BOARD ACTION: (M)Bibby, (S)Turpin, Res. 06-1 was adopted for Mike McNabb; and Res. 06-2 was adopted for Bob Clark; and the resolutions were presented/Ayes: Unanimous. Chairman Pickard noted the presence of Battalion Chief Art Laursen for the presentation. Public Presentation: For Non-Timed Agenda Items including Attention, Information, and consent Agenda, and for Items Not on the Agenda – none were received. Selection of Chair and Vice-Chair for 2006 BOARD ACTION: (M)Fritz, (S)Turpin, Supervisor Stetson was selected as Chair and Supervisor Bibby was selected as Vice-Chair/Ayes: Unanimous. Presentation of the Gavel Plaque to Supervisor Pickard for Serving as Chair for 2005 BOARD ACTION: Chair Stetson presented the gavel plaque to Supervisor Pickard. Board Information Supervisor Fritz commented on a recent medical problem, and advised that she is doing great. She advised that she held a District IV meeting on January 8th. On Friday, she attended the CSAC Health and Human Services Department Policy Committee meeting. She advised that the Chili Cook- off is scheduled for January 21st, and she is looking for entries. Supervisor Turpin advised of his recent vacation to Whidbey Island and of his review of proposed farm rules and solid waste issues. He advised that on Friday he attended the CSAC Flood Control meeting in Sacramento. Supervisor Bibby commented on the recent rains and floods in the valley, and of the importance of planning for development. She congratulated Chief Dan Michaels on his retirement. She advised that she attended the First 5 Commission meeting on Monday, and she encouraged the public to attend the meetings on the second Monday of each month. She advised that she plans to attend the Mother Lode Job Training meeting in Sonora on Wednesday. She also noted that letters are still being received and she encouraged more input relative to the telephone service issues, especially with TDS. She extended a personal welcome to Chris Ebie, Auditor. Supervisor Stetson advised that on Monday he attended the Gateway Conference in Yosemite. He advised that he plans to attend a meeting this evening in El Portal with the Advisory Committee. Rich Inman, County Administrative Officer, advised that he plans to attend the County Administrative Officer’s meeting on Friday in Sacramento, and that the Governor’s new budget will be discussed. MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA January 10, 2006 ---PAGE BREAK--- 2 1-10-06 Supervisors Bob Pickard and Lee Stetson; Discussion and Direction to Staff Regarding Approving a Dedication Sign for the Mariposa County Amphitheater and the Placement of the Sign BOARD ACTION: Chairman Stetson advised that Roger Brunelle was present on behalf of Rotary. A mock-up of the dedication sign was reviewed. Supervisor Bibby asked about getting feedback from the other agencies before the sign is ordered. It was noted that the Arts Council logo still needs to be defined. Discussion was held relative to the sign, language and placement. (M)Pickard, (S)Fritz, Res. 06-3 was adopted approving the dedication sign. Supervisor Bibby requested that the placement of the sign not interfere with any seating, circulation or safety of the pedestrian traffic. Supervisor Pickard noted that the funding is coming from Rotary. Ayes: Unanimous. Rick Peresan, Technical Services Director; Receive an Update from the Technical Services Director on Efforts to Encourage TDS to Improve Telecom Service and SBC to Provide High Speed Internet Access in their Service Area of Mariposa County BOARD ACTION: Rick Peresan provided a status report on efforts to encourage SBC to provide high speed internet access in their service area of the County; and on efforts to encourage TDS to improve and provide more reliable telecom service to their service area of the County. Discussion was held. 9:56 a.m. Kris Schenk, Planning Director; PUBLIC HEARING – Resolution Adopting a Mitigated Negative Declaration and Approve General Plan Zoning Amendment No. 2005-101 together with Land Division No. 2005-102; Waive First Reading and Introduce Ordinance Approving Amendment to Mariposa County Land Use and Zoning Map Pursuant to General Plan Zoning Amendment No. 2005-101; Mariposa County Unified School District, Applicant. Project Site is Located at 4166 Lakeview Drive in the Bridgeport area between Lakeview Drive and Yaqui Gulch Road, APN 017-540-010 BOARD ACTION: Chairman Stetson advised that the hearing was not properly noticed and continued the hearing to January 24, 2006, at 10:30 a.m. Approval of Consent Agenda (See end of Minutes) BOARD ACTION: Supervisor Turpin pulled item 2. Supervisor Bibby pulled items 7 and 16. Supervisor Stetson pulled items 9 and 11. Tom Guarino, County Counsel, pulled item 15 and advised that it could be rescheduled when the noticing requirement is met. (M)Pickard, (S)Bibby, the balance of the items was approved/Ayes: Unanimous. Consent Agenda item 2 – resignation of Blaine Sturtevant from the Agricultural Advisory Committee. Supervisor Turpin commended Blaine for his service. (M)Turpin, (S)Pickard, item 2 was approved/Ayes: Unanimous. Consent Agenda item 7 – amendment to the Jail Sergeant job description. Supervisor Bibby asked that the job description include supervision being received from or as directed by the Sheriff; and she asked that all of the job descriptions reflect this for the appropriate department head. (M)Bibby, (S)Fritz, item 7 was approved with the change in the supervision/Ayes: Unanimous. Consent Agenda item 16 – agreement with Best Best and Krieger LLP for the South Shore project. Supervisor Bibby initiated discussion relative to clarifying the travel costs and the term of the agreement. (M)Pickard, (S)Turpin, item 16 was approved/Ayes: Unanimous. Consent Agenda item 9 – budget action within the Behavioral Health budget. Supervisor Stetson initiated discussion and asked for clarification of whether the medication costs for the client are reimbursed by Social Security and whether this affects the Social Security payments to the client. Rich Inman, County Administrative Officer, advised that he will review this matter and advise the Board. (M)Fritz, (S)Bibby, item 9 was approved/Ayes: Unanimous. Consent Agenda item 11 – reappointments to the Local Child Care Planning Council and authorize Certification Statement. Supervisor Stetson initiated discussion and asked about getting a better geographic representation on the Council. Cyndi Park, Local Child Care Planning Council Coordinator, advised of their efforts to recruit members from throughout the County for the Council. (M)Bibby, (S)Pickard, item 11 was approved/Ayes: Unanimous. ---PAGE BREAK--- 3 1-10-06 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 it is recommended that the Board continue the findings for the local emergency. (M)Bibby, (S)Fritz, Res. 06-18a was adopted continuing the local emergency due to the flooding that occurred/Ayes: Unanimous. Approval of Minutes of November 1, 2005, Regular Meeting (Clerk of the Board); and Approval of Minutes of November 15, 2005, Regular Meeting (Clerk of the Board) BOARD ACTION: (M)Bibby, (S)Fritz, the minutes were approved. Supervisor Fritz noted that her grandchild was born on November 1, 2005. Supervisor Turpin referred to the minutes for November 1, 2005, relative to the hearing on the General Plan Update; and he asked the County Administrative Officer to check with the Resource Conservation District to determine whether the requirements for water rights on ponds was reduced from 50-acre to 15-acre feet, and to see what the permit requirements are. Ayes; Unanimous. 10:19 a.m. MARIPOSA COUNTY PUBLIC FINANCE CORPORATION Conduct the Annual Meeting and Select Officers for 2006 (Clerk of the Board) CORPORATION ACTION: (M)Pickard, (S)Fritz, the current Chair and Vice-Chair for the Board of Supervisors were selected to serve as the President and Vice-President of the Corporation, with the other officers to continue as previously selected by their official duties with the County/Ayes: Unanimous. CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: SEIU Local 250 – In Home Supportive Services (IHSS); Name of County Designated Representative: Jeff Green (County Administrative Officer) BOARD ACTION: This closed session was not held. CLOSED SESSION: Conference with Legal Counsel; Existing Litigation: California Government Code Section 54956.9(a); Robert E. Cooper, et al v. County of Mariposa (County Counsel); CLOSED SESSION: Public Employee Performance Evaluation Position of Employee under Review - Cheryle Rutherford-Kelly, Director Human Services (Government Code Section 54954.5) (County Administrative Officer); and CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: Mariposa County Managerial/Confidential Organization (MCMCO); Name of County Designated Representative: Rich Inman, County Administrative Officer (County Administrative Officer) BOARD ACTION: (M)Bibby, (S)Fritz, the closed sessions were held with Cheryle Rutherford-Kelly, Human Services Director, and Sandi Laird, Administrative Analyst-Administration, present for portions of the sessions/Ayes: Unanimous. 10:22 a.m. Supervisor Bibby excused herself from the following matters due to a potential conflict of interest as her spouse is employed by the Sheriff’s Department. CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: Sheriff’s Management Association (SMA); Name of County Designated Representative: Rich Inman, County Administrative Officer (County Administrative Officer); and CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: Deputy Sheriff’s Association (DSA); Name of Designated Representative: Rich Inman, County Administrative Officer (County Administrative Officer) BOARD ACTION: (M)Fritz, (S)Turpin, the closed sessions were held with Sandi Laird, Administrative Analyst-Administration, present/Ayes: Stetson, Turpin, Fritz, Pickard; Excused: Bibby. Chairman Stetson advised that the Board would recess for lunch after the closed sessions, and then reconvene at 2:00 p.m. ---PAGE BREAK--- 4 1-10-06 12:16 p.m. – Lunch 1:44 p.m. The Board reconvened in closed session. 2:00 p.m. The Clerk of the Board opened the public hearings relative to the vacation of a portion of Silver Bar Road and Miwok Road and continued the hearings until after the Board concluded with the closed session matters. 3:03 p.m. The Board reconvened in open session. Chairman Stetson announced that direction was given to staff on the closed session items, and he advised that Tom Guarino, County Counsel, provided a status report on the case of Cooper v. County of Mariposa and advised that the County prevailed. Dana Hertfelder, Public Works Director; A) PUBLIC HEARING - Adopt a Resolution Authorizing the Vacation of a Portion of Silver Bar Road and Acceptance of a New Alignment of Silver Bar Road. BOARD ACTION: Dana Hertfelder presented the staff report, and he advised that the utility companies did not have any objections and that no comments have been received from the public. He further advised that the new alignment section of the Road meets the County’s current standards for a Class I Rural Road. Dana responded to a question from the Board relative to the cost of the realignment, and he advised that the costs were covered by the applicant. The public portion of the hearing was opened, and input was provided by the following: Jeanetta Phillips stated she understands the reasoning for the realignment of the road, but she has concerns with the slope and grade of the new portion. She asked whether the right-of-way extends to the applicant’s maintenance barn. She stated that she does not feel that the encroachment permit was applied for until after a lot of the work was done, and she feels that the applicant has encroached on the County road in three other places with water lines and culverts, etc. Paul Chapman noted that in the couple of years that the applicants have lived here, they have been able to have the CDC crews brush along the road so that they could have fences built; and none of this occurred when Phil Rauch lived there. He feels that the Rinell’s purchased the property knowing the location of the road; and since the road predates the formation of the County, he feels there may be a historic issue. He commented on problems that have been encountered with the applicants blocking the road and closing off by-pass gates. He stated he feels they moved the County road without a permit and engineering. He stated he feels that they should be required to put everything back the way it was and be levied big fines. Jim Sutters stated he purchased property on Silver Bar Road in 1999, and he commented on the improvements that he has made. He advised that when he was approached about making a fire break, he and the Rinell’s gave their permission; however, in the past the Rauch’s would not give permission. He also noted that there was a dust problem with the road being so close to the Rinell’s house and the realignment solves that problem. He noted that the applicant has straightened out the road at no expense to the County, and he would like to see the whole road improved to that level. He also stated that he has not experienced any problems with the gate being locked or the road being blocked. Jeanetta Phillips clarified the issue of gates being placed across the cattle guards and locked that Paul Chapman referred to. Bill Hilton stated he was retained by the Rinell’s to build the road, and he advised that they followed the County guidelines and he feels that the road is improved from what it was. He also stated that he feels that the applicant’s reason for moving the road was due to the dust problems, and the realignment allows for better use of the property. Dana Hertfelder responded to the input that was provided. He advised that the grade is steeper on the realigned portion, but that it meets County standards. He noted that the brushing project was a joint effort between CDF and the County to create a fire break as requested by CDF, and it makes for a safer road. He noted that the brushing occurred across other properties in the area as a part of this project. He also advised that the Department has contacted the Rinell’s whenever a complaint was received ---PAGE BREAK--- 5 1-10-06 about locked gates and the Rinell’s complied. He further advised that an encroachment permit was obtained. The public portion of the hearing was closed and the Board commenced with deliberations. Dana Hertfelder responded to questions from the Board relative to the width and length of the easement and clarifying that the road standards and encroachment permit requirements were complied with; advised that he will check on whether the barn is in the easement; and relative to requirements for historic roads. (M)Bibby, (S)Fritz, Res. 06-19 was adopted approving the recommended action/Ayes: Unanimous. The hearing was closed. B) PUBLIC HEARING - Adopt a Resolution Authorizing the Vacation of Miwok Road as Shown in Parcel Map Book 18, Page 17, Mariposa County Records BOARD ACTION: Dana Hertfelder presented the staff report, and he responded to questions from the Board and advised that no objections have been received and that this does not create a dead-end road issue. The public portion of the hearing was opened and there was no input. The public portion of the hearing was closed and the Board commended with deliberations. (M)Bibby, (S)Pickard, Res. 06-20 was adopted approving the recommended action/Ayes: Unanimous. The hearing was closed. CONSENT AGENDA: CA-1 Approve Budget Action Transferring Funds within the Planning Department Budget to Carry Out FY 2005-06 Planning Programs and Priorities ($43,000); and Approve a Professional Services Agreement with Jon Johnson for Current Planning Services (Planning Director); Res. 06-4 CA-2 Accept the Resignation of W. Blaine Sturtevant from the Agricultural Advisory Committee (Planning Director) CA-3 Approve the Proposed Road Names “Corbett Creek Road” and “Gold Dust Lane” for the Subject Easement, APN’s 011-240-010 & 011 (Planning Director); Res. 06-5 CA-4 Approve Budget Action Transferring Funds within the Tourism Budget to Fund the Approved Hospitality Management Association Contract ($23,000) (County Administrative Officer); Res. 06-6 CA-5 Approve Budget Action Transferring Funds within the Tourism Budget to Fund the Approved Contract ($20,750) (County Administrative Officer); Res. 06-7 CA-6 Approve Budget Action Transferring Funds within the Tourism Budget to Fund the Approved Daniel J. Edelman Company Contract ($59,000) (County Administrative Officer); Res. 06-8 CA-7 Approve an Amendment to the Jail Sergeant Job Description to Appropriately Define the Minimum Qualifications (County Administrative Officer); Res. 06-15, with change to the job description CA-8 Approve Equipment Lease for Copiers with WOLCO; and Authorize the Human Services Director to Sign the Lease Agreement (Human Services Department); Re. 06-9 ---PAGE BREAK--- 6 1-10-06 CA-9 Approve Budget Action Transferring Funds within the Behavioral Health Budget Unit for an Unanticipated Increase in Medication Costs ($5,000) (Human Services Department); Res. 06-17, with direction to staff CA-10 Approve Budget Action Transferring Funds within the Alcohol and Drug Budget Unit for Alcohol & Drug Rehabilitation Programs ($16,000) (Human Services Department); Res. 06-10 CA-11 Re-appoint Susan Johnson, Liz Wilcox, David Conway, Gwen Nitta, Marna Klinkhammer, Nancy Damm, and Lee Jorgensen to the Local Child Care Planning Council, for another Three Year Term; and Authorize the Chair to sign the Certification Statement (Human Services Department); Res. 06-18 CA-12 Approve Budget Action Transferring Funds within the Jail Budget Unit for Unanticipated Building Maintenance Needs ($10,000) (Sheriff); Res. 06-11 CA-13 Authorize the Chairman of the Board of Supervisors to sign the Standard Agreement with the Secretary of State for the County’s Portion of the HAVA Section 301 Voting Systems Program, in the Amount of $145,591.18 (County Clerk); Res. 06-12 CA-14 Adopt a Resolution Approving the List of Conflict of Interest Filers and their Discloser Categories Pursuant to the Regulations of the Fair Political Practices Commission which Constitutes the Mariposa County Conflict of Interest Code (County Clerk); Res. 06-13 CA-15 Appoint Randy Brower to the First 5 Commission to Serve as the Second Member-At-Large (Chairman Pickard); Matter was pulled for noticing requirements to be met. CA-16 Adopt a Resolution Authorizing County Counsel to Retain the Law Firm of Best, Best & Krieger, LLP and Authorize the Chairman of the Board of Supervisors to Sign a Professional Services Agreement to Represent the County of Mariposa in a Validation Action (County Counsel); Res. 06-16 CA-17 Authorize the Chairman of the Board of Supervisors to Sign Optimal Phone Interpreters Contract (Public Health Officer); Res. 06-14 3:34 p.m. Adjournment in memory of Linn Stuart Seeley, Julius Congelliere, Marlene “Mo” Holder Reimann, Ellen Verley, George Franklin Pearce, Jr., Leroy Harold Lewis, and Mary Elizabeth Record. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board