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Time Description 9:04 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Introductions Chairman Stetson announced that the replica of the Las Mariposas map is displayed in the lobby. Rich Inman, County Administrative Officer; Introduction of Dave Forgang and Presentation of Activities of Yosemite Renaissance BOARD ACTION: Chairman Stetson introduced Dave Forgang, retired Curator from the Yosemite Museum. Dave Forgang announced that the opening of the 21st art exhibit for the Yosemite Renaissance is scheduled for this Friday. He provided background information on the Yosemite Renaissance; its activities and programs; and its funding sources and partners. Supervisor Bibby asked for written information on the program. Public Presentation: For Non-Timed Agenda Items including Attention, Information, and consent Agenda, and for Items Not on the Agenda Paul Chapman referred to the request by Public Works to purchase a roll-off truck; and he questioned why a new truck is needed for use at the landfill; and he noted that Public Works sold a dump truck last year and questioned why that couldn’t have been used. He referred to Consent Agenda item 16, and he stated he feels that funding should not be going to the Arts Council and Yosemite Renaissance. He feels that the funds should go to the Sheriff’s Department and that would be of better benefit to the whole County. Rick Peresan, Technical Services Director, advised that they developed a letter and mailing list to send the survey to the TDS telephone service area customers to collect information on the service interruptions that they experience. He also advised of his discussions with TDS relative to this matter. He advised of work with the Great Valley Center to obtain grant funds to initiate web portals and broadband service to areas of the County that do not have high-speed internet access. Supervisor Bibby commended staff for their efforts in these matters. She also advised that a supply of the survey letters were left at the Airport for citizens to use. Board Information Supervisor Fritz advised that the events committee met on Wednesday to plan for events. They would like to see the “Butterfly Days” come back, and they will try to plan for four events a year. She thanked everyone for their support with the Kuhnel family fundraiser. She thanked Public Works and the Sheriff’s Department for their efforts with the weekend storms. She advised that there is a fundraiser this weekend for “V-Day” for the capital improvement fund for Mtn. Crisis Services. She also advised that a District IV meeting is scheduled for March 1st at 6:30 p.m. at the Government Center. Supervisor Bibby advised that there is a possible new option for the Bridgeport Fire Station; and that this matter will be brought back to the Board with information on all available options. She advised that an account has been set up for donations for the Kuhnel family. She announced that the memorial service for George Gordo was well attended. She stated the Hunters Valley Volunteer Fire MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA February 21, 2006 ---PAGE BREAK--- 2 2-21-06 Station rib dinner fundraiser was a success. She also complimented the safety and fire personnel for their responses to the weekend incidents with the storms and power outages. Supervisor Pickard advised of the status of the noxious weed legislation for non-native and invasive species; and he advised of cooperation with the Department of Water Resources with this issue. He advised that he plans to attend the County Medical Services Program (CMSP) board meeting, and a Planning and Benefits meeting in Sacramento on Thursday. Supervisor Turpin advised that he attended the Hunters Valley Volunteer Fire Station rib dinner. He advised that the Don Pedro Equestrian and Pedestrian Trails Advisory Board is scheduled to hold its first meeting in Don Pedro this Thursday. He complimented Public Works staff for their work during the storms. Supervisor Stetson advised that he plans to attend the Yosemite Renaissance art show opening on Friday, and he encouraged the public to attend. He announced that the Planning Commission is scheduled to meet on Saturday, March 4th to review the Yosemite West plan. He attended a community meeting in Midpines last Tuesday; and it was decided that the Advisory Committee should revived and that they would begin meeting to address issues relative to Midpines and planning matters. Dana Hertfelder, Public Works Director; Waive the Formal Bid Process and Authorize the Solid Waste Division to Purchase a 2006 Kenworth T-800 Roll-off Truck for $131,935 and Authorize the Chairman of the Board of Supervisors to Sign the Required Documents for the Purchase; and Approve Budget Action Transferring Funds in the Solid Waste Fund for Payment on the Truck ($6,748) BOARD ACTION: Discussion was held with Dana Hertfelder and Carl Casey, Public Works Administrator. Dana clarified that this is not a dump truck, and he advised that the truck will be used to move bins, etc., at the landfill. Dana and Carl advised of their review of financing options and recommendation to enter into a seven-year agreement with Municipal Services Group, Inc.; and they advised that the budget action would not be necessary. Discussion was held. (M)Bibby, (S)Fritz, Res. 06-62 was adopted waiving the formal bid process based on the uniqueness and limited opportunities to purchase this type of vehicle; authorizing the purchase of the roll-off truck as recommended with financing through Municipal Services Group, Inc./Ayes: Unanimous. 9:41 a.m. AIR POLLUTION CONTROL DISTRICT Dr. C. B. Mosher, Air Pollution Control Officer/Health Officer; Adopt a Resolution Authorizing the Air Pollution Control Officer to Execute Contracts with both the Mariposa County Unified School District and with Michael Simpson to Modify Diesel Engines Resulting in Reduced Air Pollution AIR POLLUTION CONTROL DISTRICT BOARD ACTION: Discussion was held with Dr. Mosher. Supervisor Bibby introduced Bob Morse, Transportation Director for the School District. Discussion was held relative to the possibility of obtaining future funding for this program and expanding the program to other entities and businesses. (M)Bibby, (S)Fritz, APCD Res. 06-1 was adopted approving the contracts. The motion was amended, agreeable with the maker and the second, to include direction to encourage the continuance of the program/Ayes: Unanimous. Approval of Consent Agenda (See End of Minutes) BOARD ACTION: Supervisor Bibby pulled items 10, 11, 14, 15, and 16. She also advised that additional information could be provided on item 9 if there are any questions on the funding allocation between the counties. (M)Fritz, (S)Bibby, the balance of the items was approved/Ayes: Unanimous. Consent Agenda item 10 – Transfer of funds in the Assessors budget for computers and printer. Supervisor Bibby asked about a correction to the budget action form to delete the $3,000 that was duplicated at the bottom of the entries. (M)Bibby, (S)Fritz, item 10 was approved, with a correction to the budget action form/Ayes: Unanimous. Consent Agenda item 11 – Amendment to the Agreement with Best Best and Krieger for the Dean case. Supervisor Bibby asked about the exhibit to the original agreement. Tom Guarino, County Counsel, provided input and advised that the action today is to approve an amendment, and that the original exhibit does not change. (M)Bibby, (S)Turpin, item 11 was approved/Ayes: Unanimous. ---PAGE BREAK--- 3 2-21-06 Consent Agenda item 14 – Approval of the annual Friends of the Red Cloud Library St. Paddy’s Weekend Dinner as a County sponsored event. Supervisor Bibby asked whether alcohol would be served and who would be in charge. Rich Inman, County Administrative Officer, advised that the event will be held at the Greeley Hill Community Club and that the County is not involved with the alcohol, and the Friends have complied with Public Works requirements. Supervisor Stetson asked for clarification of whether a list of County-sponsored events is being established and whether each event would need Board action for each year. Discussion was held. Jacque Meriam, Librarian, provided input relative to events sponsored by the Friends of the Library groups. Supervisor Bibby suggested that the list could be reviewed on an annual basis by the Board; and she commented on the issue with serving alcohol at events that minors attend. (M)Turpin, (S)Pickard, item 14 was approved for this year/Ayes: Unanimous. Consent Agenda item 15 – 2006 California State Library Bond. Supervisor Bibby asked if this would take away from any of the other bond issues. Jacque Meriam, Librarian, advised that it doesn’t have anything to do with any of the other bond issues, and she clarified that there is no project selected at this time. (M)Bibby, (S)Pickard, item 15 was approved/Ayes: Unanimous. Consent Agenda item 16 – Agreement with the Mariposa County Arts Council. Supervisor Bibby asked for a breakdown of the budget for the contract; and she asked that this information be included in the final budget book in the future. Rich Inman, County Administrative Officer, advised that he will provide the information to the Board, and that it can be included in the final budget book in the future. It was clarified that the recommended action is for the Chairman to sign the Agreement. (M)Pickard, (S)Fritz, item 16 was approved, including the direction to itemize the budget/Ayes: Unanimous. Approve Amendment of Joint Powers Agreement Creating the CSAC Excess Insurance Authority to Include the California Public Entity Excess Insurance Authority (C.P.E.I.A.) and Authorize CSAC E.I.A. Representative to Sign (County Administrative Officer) BOARD ACTION: Rich Inman, County Administrative Officer, presented the request; and he advised that the change will not become final until 36 counties approve the amendment. Discussion was held. Supervisor Bibby asked that information be provided on the entities that will be participating. (M)Pickard, (S)Fritz, Res. 06-69 was adopted approving the amendment as recommended/Ayes: Unanimous. Approval of Minutes of February 7, 2006, Regular Meeting (Clerk of the Board) BOARD ACTION: (M)Bibby, (S)Pickard, the minutes were approved/Ayes: Unanimous. Authorize the Chairman of the Board of Supervisors to Sign a Letter Opposing the Department of Insurance’s Proposal to Alter the Method Automobile Insurance Rates are Developed (Supervisor Pickard) BOARD ACTION: Following discussion, (M)Fritz, (S)Turpin, Res. 06-70 was adopted approving the letter/Ayes: Unanimous. 10:25 a.m. MARIPOSA COUNTY WATER AGENCY (Chair – Director Turpin; Vice-Chair – Director Bibby) A. Public Presentation Paul Chapman stated he agrees that the County needs a good law firm for the upcoming Merced Irrigation District negotiations. He also stated that he feels that spending of the Water Agency funds needs to stop, and he referred to a recent contract and expenditure of funds. B. Adopt a Resolution Approving Agreement with the Firm of Kronick, Moskovitz, Tiedemann & Girard to Monitor the Licensing Process and to Advise the County Water Agency with Regard to its Rights Under the Contracts and Agreements Potentially Affected by this Process; and Authorizing Chairman to Sign Professional Service Agreement; Approve Budget Action Transferring Funds within the Water Agency Fund for the Professional Services Agreement ($25,000) (County Counsel) AGENCY ACTION: Discussion was held with Tom Guarino, County Counsel, relative to the proposed agreement; and he advised that he plans to have someone from the law firm come to the ---PAGE BREAK--- 4 2-21-06 Board to discuss the issues. Director Bibby asked for clarification of the exhibit to the contract. (M)Stetson, (S)Pickard, Water Agency Res. 06-1 was adopted approving the Agreement/Ayes: Unanimous. 10:30 a.m. Recess 10:44 a.m. Waive Second Reading and Adopt an Ordinance Amending Chapter 15.28 of the Mariposa County Code Entitled “Grading and Excavation” (County Administrative Officer, County Counsel, and Building Director) BOARD ACTION: Tom Guarino, County Counsel, advised of a correction to the lettering of the subparts of section 15.28.200 for Liens. Discussion was held. Supervisor Pickard asked the Board to reconsider adding back in item 12 which referred to an exception for grading in isolated areas; and he noted that the grading ordinance itself wasn’t before the Board for review, just the penalty and administration portion. Discussion was held on this matter. Supervisor Bibby asked whether there was any new information on why item 12 was in the original ordinance. Supervisor Turpin expressed concern with the wording in the penalty section and the discretion that the Building Director has in this matter, and he asked that there be some policies/guidelines adopted for this. Following discussion, (M)Bibby, (S)Stetson (who passed the gavel to Supervisor Pickard), the second reading was waived and Ordinance No. 1025 was adopted, with the correction of the lettering of the subparts as requested by County Counsel. The Clerk of the Board read the title of Ordinance No. 1025 into the record. Further discussion was held. Tom Guarino responded to Supervisor Turpin’s concerns relative to the discretion with the penalty issue; and he advised that the Board could adopt a policy to serve as guidelines for the Building Director to use in exercising his discretion in assessing the fines. He commented on the current system with the departments and he noted that the applicants can appeal the fines to the Board. Ayes: Stetson, Bibby, Fritz; Noes: Turpin, Pickard. The motion passed. CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: Sheriffs’ Management Association (SMA); Name of County Designated Representative: Rich Inman, County Administrative Officer (County Administrative Officer); CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: Deputy Sheriffs’ Association (DSA); Name of Designated Representative: Rich Inman, County Administrative Officer (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: Rich Inman, County Administrative Officer, advised that these closed session were not needed. 11:07 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: Pacific Gas & Electric Co. v. State Board of Equalization, et al (County Counsel); CLOSED SESSION: Conference with Legal Counsel: Anticipated Litigation; Significant Exposure to Litigation Pursuant to Subdivision of Government Code Section 54956.9. Number of Cases to be Discussed: 1 (County Counsel); and 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: Cooper/Swenson v. County of Mariposa (County Counsel) BOARD ACTION: (M)Bibby, (S)Fritz, the closed sessions were held/Ayes: Unanimous. 11:42 a.m. Chairman Stetson announced that direction was given to staff as a result of the closed session matters. ---PAGE BREAK--- 5 2-21-06 INFORMATION – No action was necessary on the following: Library Hours for Mariposa County Library Branches Yosemite: Monday, 8:30 – 11:30, Tuesday, 10:00 – 2:00, Wednesday, 8:30 – 12:30, Thursday, 4 – 7, Friday, Saturday and Sunday Closed (Librarian) CONSENT AGENDA: CA-1 Re-appoint Carol Davis, Don Fox, Charles Lammers, and John Schroeder to the Midpines Planning Advisory Committee for a Term Expiring February 28, 2007. Re-appoint Candy O’Donel Browne, Douglas Chappell, Nancy Jones, Lucy Anne Otto and Jerry Progner to the Midpines Planning Advisory Committee for a Term Expiring February 28, 2008 (Supervisor Stetson) CA-2 Re-appoint Kenneth LeBlanc, Louise Bond, Robert Woolard and Sharon Haley to the Yosemite West Planning Advisory Committee for a Term Expiring February 28, 2008 (Supervisor Stetson) CA-3 Re-appoint Ken Davis, Tracy Guenthart, and Judie Huffman to the Catheys Valley Planning Advisory Committee for a Term Expiring February 28, 2007. Re-appoint Robert Mason, Jim Eppler, Louis Cordero and Joe Simon to the Catheys Valley Planning Advisory Committee for a Term Expiring February 28, 2008 (Supervisor Bibby) CA-4 Re-appoint Roger Soulanille, Chuck Jones, Susan Baker and Gale Banks to the Wawona Planning Advisory Committee for a Term Expiring February 28, 2008 (Supervisor Pickard) CA-5 Accept the Resignation of Dennis Waheed from the El Portal Planning Advisory Committee. Re-appoint Catherine Collamer, Marty Acree and Ron Skelton to the El Portal Planning Advisory Committee for a Term Expiring February 28, 2008. Appoint Paul Amstutz and Nate Kerr to the El Portal Planning Advisory Committee for a Term Expiring February 28, 2008 (Supervisor Stetson) CA-6 Re-appoint Dennis Bunning and Mike Hubert to the Agricultural Advisory Committee for a Term Expiring February 28, 2008 (Planning Director) CA-7 Re-appoint Gary Balmain, Lee Eddy, Rob Jensen and Sharon Tucker to the Greeley Hill Planning Advisory Committee for a Term Expiring February 28, 2008 (Supervisor Turpin) CA-8 Re-appoint Rich Roesch and Magnum Godfrey to the Coulterville Planning Advisory Committee for a Term Expiring February 28, 2008 (Supervisor Turpin) CA-9 1. Authorize the Human Services Director to Execute the 2006-2007 Community Services Block Grant (CSBG) Agreement of 06F-4707 on Behalf of the Calaveras-Mariposa Community Action Agency in the Amount of $347,112; 2. Accept an Advance of $43,389 in Anticipated Revenue from CSBG Agreement 06F-4707; 3. Upon Approval of the CAA Governing Board, Authorize the Director of the Human Services Department to Execute Subsequent Amendments with the State Department of Community Services and Development (CSD) up to the Amount Allocated to the Calaveras-Mariposa Community Action Agency and; 4. Authorize the Director of the Human Services Department to Enter into ---PAGE BREAK--- 6 2-21-06 Subcontract Agreements with the Agencies Providing Direct Services (Human Services Director); Res. 06-63 CA-10 Approve Budget Action Transferring Funds in the Assessors Budget for the Purchase of 2 New Computers, and a New Combination Color and Black/White Printer ($3000) (Assessor/Recorder); Res. 06-64, with a correction to the budget action CA-11 Approve an Amendment to the Professional Services Agreement with Best, Best, and Krieger and Authorizing the Chairman of the Board of Supervisors to Sign the Amended Professional Services Agreement (County Counsel); Res. 06-65 CA-12 Approve Certificate of Recognition and Congratulations to George Edmund Young on Celebrating his 100th Birthday (Chairman Stetson) CA-13 Appoint Edith Ankersmit to Serve as a Member-at-Large of the Mental Health Board (Human Services Director) CA-14 Approve the Annual Friends of the Red Cloud Library St. Paddy’s Weekend Dinner as a County Sponsored Event (Supervisor Turpin); Res. 06-66, with approval for this year CA-15 Adopt a Resolution Endorsing and Supporting the 2006 California State Library Bond (Librarian); Res. 06-67 CA-16 Approve Agreement between Mariposa County and Mariposa County Arts Council for Fiscal Year 2005-2006 and Authorize the Chairman of the Board of Supervisors to Sign (County Administrative Officer); Res. 06-68 with direction for providing a breakdown of the budget CA-17 Letter of Recognition for Deborah Wenger for her Service on the Juvenile Justice Commission/Juvenile Delinquency Prevention Committee (Chief Probation Officer) 11:43 a.m. Adjournment in memory of Wilma Helen Moore. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board