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Time Description 9:02 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Introductions Lee Stetson, Chair; Resolution and Tile Plaque Recognizing Gloria Attaway Upon her Retirement from the Health Department BOARD ACTION: (M)Bibby, (S)Fritz, Res.06-184 was adopted and presented to Gloria Attaway, along with a tile plaque/Ayes: Unanimous. Dr. Mosher, Health Officer, commended Gloria for her work with the County. Dr. Mosher, Health Officer; b) Present Information Regarding Mariposa County’s Participation in Pandemic Flu Exercise Drill. (Continued from 5-16-06) BOARD ACTION: Dr. Mosher gave a presentation on the County’s participation in a pandemic flu exercise drill with Tuolumne County. Discussion was held. Chairman Stetson called for input from the public and none was received. Lee Stetson, Chair; Presentation on Measure Grizzly Student Events Center (GSEC) BOARD ACTION: Wayne introduced Dave Gerken, Co-Chair of the GSEC Committee, and Loyd Hobby. Loyd Hobby thanked the Board for its support in financing the late bus; and he provided input on the athletic achievements of the students this year. Wayne Dave Gerken, and Loyd Hobby gave a presentation on Measure and advised that presentations are being given throughout the County. 9:42 a.m. Recess 9:52 a.m. Dr. Mosher, Health Officer: a) Adopt a Resolution Authorizing the Chairman of the Board of Supervisors to Sign a Contract with NACo for Participation in the National Association of Counties, Prescription Discount Program and give Direction to Staff on Wording on Medical Cards. BOARD ACTION: Discussion was held with Dr. Mosher relative to the prescription discount program and how it would work in the County. Supervisor Pickard asked about eligibility for this program with the CMSP program. (M)Fritz, (S)Pickard, Res. 06-185 was adopted approving the contract, with no cost to the County, and with direction to include the County’s logo and Mariposa County wording for the medical cards; and with further direction that the details of the program be coordinated with Human Services and that information be brought back on how the program will operate. Tom Guarino, County Counsel, clarified that the contract option for the Customer Specific Programming is not included. The motion was amended, agreeable with the maker and second, to include direction that the County is not exercising the option for the Customer Specific Programming/Ayes: Unanimous. MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA May 23, 2006 ---PAGE BREAK--- 2 5-23-06 Public Presentation: For Non-Timed Agenda Items including Attention, Information, and Consent Agenda, and for Items Not on the Agenda Renee Ritter advised that she works for the Sheriff’s Department in the Jail. Supervisor Bibby excused herself for this input at 10:06 a.m. due to a potential conflict as her spouse and cousin are employed by the Sheriff’s Department. Renee Ritter presented information on the amount of her take- home wages; and she asked the Board to reconsider imposing impasse in this matter. Dr. Mosher, Health Officer, advised that during routine surveillance for bubonic plague, some Ferrell pigs showed a level of antibodies to being exposed to the plague. He presented information on the history of the plague, and he advised that common are swollen nodes. He further advised that there was a spill of treated sewage from a pipeline on Monday in Wawona. Supervisor Turpin noted the need to make sure that the County has shut-off valves at our facilities to be able to control this type of situation. Susan Crain, Visitors’ Bureau Coordinator, provided an update on actions taken due to the closure of Highway 140 with the landslide; and she provided input on the status of visitation. Press releases have been sent out by Edelman and radio interviews have been held. She noted that they have worked to have the road message information signs indicate that there are detours versus just the closure of Highway 140. Chairman Stetson noted that the last word from CalTrans is that the target date for opening the Highway is still May 29th, to one-lane of traffic with controlled traffic. Kenneth Gosting, Executive Director of TIE (Transportation Involves Everyone), referred to previous input he provided relative to the highway message signs and recorded messages. He played a tape of the CalTrans recorded message from earlier in the day, and he noted the inaccuracies. Chairman Stetson advised that the County will continue to work with CalTrans on these issues. Jim Middleton, Deputy Fire Chief, announced completion of the following two major projects: 1) the Fire Station in Hunters Valley added a bay; and 2) the inside of the Fire Station in Coulterville was completely redone with assistance by the Fire Brigade and community members. Battalion Chief Smith, project manager for the Hunters Valley project, stated he was present as an individual, and he presented photographs of the changes in the Station. He also provided information on the history of the project, and he thanked the Board for support of this project. And he thanked the Building Department and Planning Department staffs for their assistance with the process. Supervisors Turpin and Bibby thanked the volunteers in Coulterville and Hunters Valley for their work on these projects. Eleanor Keuning noted that Leonard Road was graded on Monday. She noted that the Memorial Day Observance ceremony is scheduled for Saturday at 10:00 a.m. She also noted that she attended a conference on Friday on the poverty and homelessness in the County, and she was surprised at the level of the problem. Board Information Supervisor Bibby complimented the High School Varsity baseball team for reaching the play-offs, and she noted that Mariposa is the only public school that reached the play-offs. She advised that the Board of Supervisors is presenting a wreath for the Memorial Day ceremony. Supervisor Fritz advised that she attended the Relay for Life event on Saturday. The Chamber of Commerce mixer event is scheduled for this evening at Woodland School. She has a District IV meeting scheduled at the Government Center on June 13th at 6:00 p.m.; and an events committee is scheduled for June 8th at the Government Center and they are planning for the 4th of July event. The Chamber of Commerce is sponsoring a Mountain Rock Fest on June 3rd at the Amphitheater. She also advised that she plans to be out of the office the next week due to out-patient surgery. Supervisor Pickard advised that he plans to attend the CMSP (County Medical Service Program) Board meeting on Thursday; and he attended the RCRC (Regional Council of Rural Counties) meeting last week, and he will share their agenda package information with the Board members. Supervisor Turpin advised that he attended the Cattlemen’s meeting the previous week, and their speaker was John Gamper. On Saturday, they had a successful Coyote Howl event in Coulterville. On Sunday, Station 26 held a rededication of their Fire House. He advised that a Countywide Candidate Night is scheduled for this evening in Greeley Hill at 7:00 p.m., and the Farm Advisor will present ---PAGE BREAK--- 3 5-23-06 information on the West Nile virus. On June 3rd, Hunters Valley will have a dedication of their Fire Station. Supervisor Stetson advised that he attended the 150th anniversary celebration of the Masonic Lodge in Hornitos, and he presented the Certificate from the Board. Dana Hertfelder, Public Works Director; Presentation by RRM Design on the Draft Master Plan for the Regional Recreation Complex. BOARD ACTION: Dana Hertfelder gave a review of the history of the Master Plan for the regional recreation complex; and he advised that the following people from RRM Design Group were present to give a presentation and respond to questions: Jeff Ferber, Warren McClung, and Sam Harned. Warren McClung reviewed the planning process and presented a summary of the project and estimated costs of the phases. He advised that the next step is to prepare a written document for the Board to adopt. Supervisor Stetson asked about consideration of another phase one to begin using the property with a trail system/park course at a minimum of cost and with low impact development. It was noted that the facilities are planned to be linked with trails, but they may not all be ADA compliant due to the terrain. Discussion was held relative to looking at a trail system to begin with. Supervisor Pickard asked about the status of planning for a community garden in the area near the Senior Activity Center; and he asked about the funding issues. It was noted that there wasn’t anything included for the garden at this time; however, it could be included with Board direction; and the funding issues would be a separate study. Supervisor Bibby asked about including a walking trail along the area for future emergency access, and she asked about easements and access. Supervisor Pickard asked about the water line and road work for the Baptist Church site and their location in relation to this project. Supervisor Bibby asked about water needs for the project. Input from the public was provided by the following: Tammy Kudela, member of the steering committee, provided input on the history of the committee. She read a letter into the record from the committee reflecting continued support for the development of the facility, and asking that the Board continue to move forward with the project. Speaking as an individual and as a coach of the Mariposa Marlins Swim Team, she stated there needs to be a bond for funding this project; and she feels that there needs to be an aquatic complex with the first phase of the project and she noted that all ages can take advantage of this portion of the facility. She provided input on the aquatics programs and of the benefits to all segments of the population. She also commented on current conflicts with scheduling use of the pool. Paul Chapman stated he does not feel that anyone in this room will live long enough to afford this project. He stated he feels that we need to start small, and he expressed concern with the development costs. He also asked about the water line and conflict with the Church use. Karen Robb, Farm Advisor and involved with the Master Gardener program, expressed support for the trail phase. She also commented on the proposed demonstration garden by the Master Gardeners. David Butler, member of the steering committee, thanked the Design Group for their work on a challenging site. He stated he feels that this is a feasible project and would enhance the town and the County over time, and that it will take time to get the project done. He cautioned about traffic flow and circulation impacts with the potential build-out of the complex and the church. He stated there could be 400 parking spaces and that could be a problem with emergency access. He suggested that consideration be given to designing a more direct access to the Hospital. Supervisor Pickard initiated further discussion and asked that an earlier phase of the project be reviewed; including transitioning the trail system in the project and including a demonstration garden for the Master Gardeners’ program. He also suggested that there be a further review of the traffic and circulation issues. He also commented on Tammy Kudela’s input relative to the need for a regulation- size pool in the County, and looking at that as a more immediate need. Tammy Kudela noted that the Marlins have raised $5,000 to be used toward heating the town pool. Supervisor Fritz asked about consideration of an above-ground pool as an interim measure. No action was necessary; a written document will be prepared for the Board’s further consideration. ---PAGE BREAK--- 4 5-23-06 Approval of Minutes of May 2, 2006, Regular Meeting (Clerk of the Board) BOARD ACTION: (M)Bibby, (S)Fritz, the minutes were approved/Ayes: Unanimous. Supervisor Stetson noted that he attended the open house for the Mariposa Museum and History Center on Saturday, and it was a great event. He thanked Dick Hutchison and the volunteers. Discussion and Possible Action Relative to Response to the Sierra National Forest, Bass Lake Ranger District Services Questionnaire (Supervisors Stetson and Pickard) BOARD ACTION: Supervisor Pickard initiated discussion relative to the draft response, and he advised that the deadline for submitting a response is May 31st. (M)Turpin, (S)Fritz, Res. 06-186 was adopted approving the response, with Supervisors Pickard and Stetson to finalize, and authorizing the Chair to sign the response letter/Ayes: Unanimous. Waive Second Reading and Adopt Ordinance Amending Chapter 15.10 Entitled Adoption of Uniform Codes as Adopted by the Building Standards Commission and Published in Building Standards Bulletin 01-03 on August 1, 2003, the 2004 Edition of the California Electrical Code, the 2004 Edition of the American Society of Mechanical Engineers Standard A 17.1 Safety Code for Elevators and Escalators (Building Director) BOARD ACTION: (M)Bibby, (S)Turpin, the second reading was waived and Ordinance No. 1029 was adopted amending Chapter 15.10, entitled Adoption of Uniform Codes. The Clerk of the Board read the title of the Ordinance into the record. Ayes: Unanimous. Approve Budget Action Transferring Funding within the Personnel Budget and From General Contingency to Accommodate Labor Negotiation Expenses that have been Greater than Anticipated ($13,500) (4/5th’s Vote Required) (Personnel) BOARD ACTION: (M)Fritz, (S)Bibby, Res. 06-187 was adopted approving the budget action/Ayes: Unanimous. Approval of Consent Agenda (See End of Minutes) BOARD ACTION: (M)Pickard, (S)Bibby, all items were approved, including the changes that were noted with items 13, 16, and 18/Ayes: Unanimous. 12:17 p.m. MARIPOSA COUNTY BOARD OF SUPERVISORS/MARIPOSA PARKING DISTRICT Discussion, Direction, and Action Regarding the Parking District, Appraisal of Lots, and Contracting for Appraisal Services (County Counsel) BOARD ACTION: Dick Hutchinson advised that there are people that wanted to be present for this discussion. Supervisor Pickard noted that this was scheduled as an attention item versus timed. Chairman Stetson asked that the Board continue with the item at this time; and if necessary, it could be continued. Tom Guarino, County Counsel, provided a report on the meetings held with the public and with the property owners. A presentation on the Proposition 218 process was given and the boundaries of the district were discussed. Supervisor Bibby recommended holding another meeting with the property owners and that the notices be sent by certified mail, and Supervisor Fritz agreed. Chairman Stetson called for input from the public: Dick Hutchinson advised of his contact with the property owners and he noted that some of them feel uncomfortable discussing their situation in a group setting. He suggested that consideration be given to having an individual discussion in the beginning and then a group meeting. He also noted that the Auditor advised him that there is about $60,000 in the Parking District budget. He stated he does not support the Proposition 218 process, as he feels that the property owners are being asked to pay again for the use of their property. He also advised that he is working with Congressman Radanovich’s staff to look at the possibility of obtaining a grant. Tom Guarino noted that the majority of the fund balance in the Parking District budget is from the funding the Board set aside for the Proposition 218 process. He also provided input on his ---PAGE BREAK--- 5 5-23-06 conversations with the property owners; and he stated he feels it will take a collective agreement to reach a solution in this matter. The Board concurred with another meeting being held as suggested. Discussion, Direction and Action to Declare a Local Emergency Due to the Landslide on Highway 140 Enroute to Yosemite National Park and Request the Governor to Declare the County of Mariposa to be in a State of Emergency and Further that the Governor Request a Presidential Declaration of Emergency BOARD ACTION: Tom Guarino, County Counsel, advised of a meeting held with himself, the Interim County Administrative Officer, and staff to gather information on the landslide situation on Highway 140. He presented information on the impacts and the potential impacts of this situation. Board members commended staff for their work on this matter. Discussion was held. Chairman Stetson called for input from the public: Kenneth Gosting, Transportation Involves Everyone (TIE), recommended that a clause be included in the emergency declaration to include YARTS. (M)Pickard, (S)Turpin, Res. 06-214 was adopted declaring a local emergency due to the landslide on Highway 140 as recommended. Further discussion was held. Tom Guarino advised of his discussion relative to the impact with the Executive Director for YARTS, and he advised that routes have been modified. He also noted that the YARTS JPA could take action relative to Federal funding sources. Supervisor Stetson commented on the tremendous dislocation and impact on the El Portal community. Tom Guarino suggested adding a sentence to the emergency declaration to reflect that “Whereas, transportation services to the Park and the County communities, including the YARTS system, has been impacted by the closure of Highway 140.” The motion was amended, agreeable with the maker and second to include the suggested sentence. The motion was further amended, agreeable with the maker and second to include a separate sentence to reflect the impact on the community of El Portal. Ayes: Unanimous. CLOSED SESSION: Conference with Legal Counsel: Anticipated Litigation, Initiating of Litigation Pursuant to Subdivision of Government Code Section 54956.9. Number of Cases to be Discussed: 1 (County Counsel) BOARD ACTION: Tom Guarino, County Counsel, advised that this closed session is not necessary. MARIPOSA COUNTY BOARD OF SUPERVISORS/MARIPOSA PARKING DISTRICT CLOSED SESSION: Conference with Real Property Negotiator; Mariposa Parking District, Agency Negotiator: Thomas P. Guarino; Description of Real Property: Garber Lot, Closed Session will Concern Terms of Purchase (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, Anticipated Litigation, Initiating of Litigation Pursuant to Subdivision of Government Code Section 54956.9. Number of Cases to be Discussed: 1 (County Counsel) BOARD ACTION: (M)Bibby, (S)Pickard, the closed sessions are to be held at 2:30 p.m./Ayes: Unanimous. Supervisor Bibby excused herself from the following action 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. 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: (M)Pickard, (S)Turpin, the closed session is to be held at 2:30 p.m./Ayes: Stetson, Turpin, Fritz, Pickard; Excused: Bibby. ---PAGE BREAK--- 6 5-23-06 1:00 p.m. Lunch 2:36 p.m. The closed sessions were held. 4:35 p.m. Recess 5:24 p.m. Chairman Stetson announced that direction was given to staff as a result of the closed session matters; and he read a statement from the closed session into the record relative to labor negotiations with DSA. CONSENT AGENDA: CA-1 Authorize the Public Works Director to Sign a Letter Allowing the Regional Council of Rural Counties Environmental Services Joint Powers Authority (ESJPA) to Submit for the Used Oil Block Grant 12th Cycle and Continue Assisting the County Solid Waste and Recycling Division in the Implementation of the Used Oil Block Grant for the 12th Cycle (FY 2006-2007) (Public Works Director); Res. 06-188 CA-2 Approve Budget Action Transferring Funds from General Fund Contingency to the Yosemite West COP Debt Service Fund No. 755 to Cover for the Principal and Interest Due June 1, 2006 ($5,040 ) (4/5th’s Vote Required) (Public Works Director); Res. 06-189 CA-3 Adopt a Resolution Authorizing the Chairman of the Board of Supervisors to Sign Organic Program Agreement No. 06-0109 for FY 2006/2007 with the California Department of Food and Agriculture (CDFA) (Agricultural Commissioner); Res. 06-190 CA-4 Appoint Mike Coffield, Interim County Administrative Officer as the County’s Representative to the California State Association of Counties (CSAC) Excess Insurance Authority (EIA) and Direct Staff to Notify EIA of this Appointment (Administration); Res. 06-191 CA-5 Approve Budget Action Transferring Funds within the Indigent Defense Budget Unit for Investigation Costs ($5,000) (Administration); Res. 06-192 CA-6 Adopt a Resolution Approving the Fiscal Year 2005-2006 Adjusted Budget as Mariposa County’s Operating Budget Until Adoption of the Fiscal Year 2006- 2007 Final Budget in September 2006 (Administration); Res. 06-193 CA-7 Approve Budget Action Transferring Funds within the Tourism Budget to Fund the Senior Office Assistant Position for the Remainder of the Fiscal Year ($2,350) (Tourism); Res. 06-194 CA-8 Approve the Contract with EnerPower for Utility Auditing Services and Authorize the Chairman of the Board of Supervisors to Sign the Contract (Administration); Res. 06-195 CA-9 Approve the Annual Catheys Valley Volunteer Fire Department’s Fund Raising Bar-B-Cue as a County Sponsored Event for Insurance Purposes (Supervisor Bibby); Res. 06-196 ---PAGE BREAK--- 7 5-23-06 CA-10 Pulled by the County Administrative Officer CA-11 Approve a Service Contract with John C. Fremont Healthcare District to Provide Medical Services to the Mariposa County Adult Detention Facility, and Authorize the Chairman of the Board of Supervisors to Sign the Contract (Sheriff); Res. 06- 197 CA-12 Approve a Service Contract with John C. Fremont District to Provide Dietary Services to the Mariposa County Adult Detention Facility, and Authorize Chairman of the Board of Supervisors to Sign the Contract (Sheriff); Res. 06-198 CA-13 Approve Amendment to Legal Services Agreement and Authorize the Chairman of the Board of Supervisors to Sign Long-Term Legal Services Agreement with Current Providers of the Indigent Legal Services in Mariposa County (County Counsel); Res. 06-199 CA-14 Approve an Agreement with the Coulterville Community Club, Inc. for the Operation and Maintenance of the Coulterville Community Club Located on the Real Property Commonly Known as the Coulterville Community School, and Authorize the Board of Supervisors Chairman to Sign the Agreement (Supervisor Turpin/County Counsel); Res. 06-200 CA-15 Approve an Agreement with Yosemite Area Regional Transportation System (YARTS) Joint Powers Authority (JPA) to Continue Providing Round Trip Transit Services from Mariposa County to Merced Junior College, and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (County Counsel); Res. 06-201 CA-16 Approve the Small Claims Legal Advisor Agreement for Fiscal Year 2006/2007 (County Counsel); Res. 06-202 CA-17 Adopt a Resolution to Accept funding for the Fiscal Year 2006-2007 in the Amount of $6,450 for the Mariposa County Enhanced Felony Drunk Driver Supervision Program (Chief Probation Officer); Res. 06-203 CA-18 Approve Budget Action Transferring Funds from the General Contingency and Increasing Revenue from Drug Test Fees to Cover Unexpected Court Ordered Expenses for Drug Testing and Support and Care ($46,000) (4/5th’s Vote Required) (Chief Probation Officer); Res. 06-204 CA-19 Adopt a Resolution and Accept Funding for the Fiscal Year 2006-2007 for the Continuation of the Mariposa County Juvenile Justice Crime Prevention Act (JJCPA) Administered by the Corrections Standards Authority (CSA) ($48,697) (Chief Probation Officer); Res. 06-205 CA-20 Approve an Agreement between Yolo County and Mariposa County Probation Department for Placement of Mariposa County Detained Juveniles at the Yolo County Juvenile Detention Facility, and Authorize the Chief Probation Officer to Sign the Agreement (Chief Probation Officer); Res. 06-206 CA-21 Approve an Agreement Between Madera County and Mariposa County Probation Department for Placement of Wards at the Correctional Boot Camp or Detention Facility and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Chief Probation Officer); Res. 06-207 ---PAGE BREAK--- 8 5-23-06 CA-22 Approve a Contract with Stericycle Company for Disposal of Medical Waste, and Authorize the Chairman of the Board of Supervisors to Sign the Contract (Health Officer); Res. 06-208 CA-23 Approve Amended State Standard Agreement for AIDS Prevention Program 04- 35360, A02 for Fiscal Years 2005-2006 and 2006-2007 and the Amended MOU Number PREV 04-22, A02 for Fiscal Year 2005-2006, and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Health Officer); Res. 06-209 CA-24 Approve a Contract for Services with Kerri Gibbons, REHS, to Perform Certain Environmental Health Functions in the Amount not to Exceed $10,000, and Approve Budget Action Transferring Funds within the Health Budget ($4,000) (Health); Res. 06-210 CA-25 Approve an Agreement with Department of Health Services for Local Public Health Services in the Amount of $352,764 for Current Fiscal Year, and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Health); Res. 06-211 CA-26 Approve a Contract and Accept the HAVA Grant Money for Voter Accessibility/Disability in the Amount of ($2,497), and Approve Budget Action Increasing Revenue and Appropriations in the Elections Budget ($2,497) (4/5th’s Vote Required) (Elections); Res. 06-212 CA-27 Approve Budget Action Transferring Monies Among Categories in Order to Cover Increased Costs in Private Vehicle Expense for Fiscal Year 2005-2006 (Farm Advisor); Res. 06-213 5:27 p.m. Adjournment in memory of Jay Harvey McDonald. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board