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Time Description 9:04 a.m. Meeting Called to Order at the Mariposa County Government Center with Supervisors Bibby and Fritz excused. Pledge of Allegiance Introductions Dr. Mosher, Health Officer, provided a report on the school bus accident that occurred on Highway 120 near Highway 140 in Yosemite, and he explained the multi-casualty incident process and commended the agencies that responded. Jim Wilson, Fire Chief, provided a report on the accident scene. Nanette Wardle, John C. Fremont Healthcare District, provided input on their preparation to accept the injured. Chair Turpin; A) Proclaim May 15th, 2008 as “Support the People First Chapter of Madera-Mariposa Day” (Heartland Opportunity Center); and B) Proclaim the Month of May, 2008 as “Community Action Month” (Human Services Department) BOARD ACTION: (M)Aborn, (S)Pickard, the proclamations were approved/Ayes: Aborn, Turpin, Pickard; Excused: Bibby, Fritz. The Proclamation for “Support the People First Chapter of Madera- Mariposa Day” was presented to Marina Fisher, Program Director for Mariposa, and Joe Montelongo, President of the Mariposa Chapter, of Heartland Opportunity Center. The Proclamation for “Community Action Month” was presented to Jim Rydingsword, Human Services Director; Janet Gass, HSD/Contract Administrator; Hope Morton, HSD/Account Clerk III; and Marilyn Avery, HSD/Eligibility Worker II. Janet Gass introduced Debbie Smith/HSD-Deputy Director of Housing and Community Action, and advised that Marta Lagares, HSD/Housing Specialist II was unable to be present. Approval of Consent Agenda (See End of Summary of Proceedings) NOTE: The Consent Agenda consists of items that are generally viewed as non-controversial and routine by the department. If the Board wishes to discuss an item, it will be removed from the Consent Agenda and moved to the end of the timed agenda; or at the Chair’s discretion, may be taken in conjunction with another item scheduled by the respective department. Otherwise, the Consent Agenda items are generally approved in one single motion. This is the appropriate time for the public to advise the Chair of any comments to the Consent Agenda or request to have an item removed from the Consent Agenda. BOARD ACTION: Chair Turpin continued item 1 to May 27th as it requires a 4/5ths vote. Input from the public was provided by the following: Paul Chapman referred to item 2 and questioned why the County is paying for the insurance for this event. He referred to items 1 and 6 and questioned the growth of the Human Services Department. Eleanor Keuning referred to item 2 and noted that the Kiwanis provide insurance for the Darrah School. She provided input on item 3 and the updating of equipment; and she referred to item 6 and asked whether residents were informed of the relocation of the Wellness Center. Jim Rydingsword responded to the question relative to the relocation of the Wellness Center and advised that they spoke with the neighbors and they were supportive. MARIPOSA COUNTY BOARD OF SUPERVISORS SUMMARY OF PROCEEDINGS May 13, 2008 ---PAGE BREAK--- 2 5-13-08 Supervisor Turpin referred to item 7 and expressed appreciation for Don Pucilowski being willing to continue to serve on the Assessment Appeals Board. (M)Pickard, (S)Aborn, items 2 though 7 were approved/Ayes: Aborn, Turpin, Pickard; Excused: Bibby, Fritz. Discussion and Possible Further Action Regarding Continuation of the Local Emergency Due to Landslides on Highway 140 Enroute to Yosemite National Park (County Administrative Officer) BOARD ACTION: Rick Benson reported on the ceremony that was held on Friday commemorating the beginning of work by CalTrans to install two new temporary bridges that will allow for full-length vehicle access; and he recommended that the local emergency be continued. Chair Turpin commented on the ceremony. Input from the public was provided by the following: Kevin Cann commented on the project and the partnership; and he provided additional information on the change in bus statistics for the Park with the Ferguson Rockslide. Kenneth Gosting advised that the U. S. Forest Service geologists are training the river rafting guides about the slide so that they can share the information with the rafters – he feels that this educational opportunity and its possible expansion to the Park Service is like making lemonade out of lemons, and he presented a can of lemonade and a lemon to demonstrate his point. He presented a copy of the news memo that TIE (Transportation Involves Everyone) sent out. He referred to the school bus accident and advised that CalTrans held a meeting on Thursday with several agencies to work out protocols for emergencies; however, Mariposa County was not invited; and he suggested that the County Administrative Officer work with CalTrans to have Mariposa and Merced Counties included in the future. And he stated he feels that there should be a follow-up investigation to the bus accident regarding the potential of what could happen and that there needs to be an emergency access trigger for the lights. He also noted that the gates are not automatic if the slide begins to move. He referred to the bridge ceremony and stated he feels that the rest of the community should have been involved; and he advised of efforts to work with the merchants in town to support the rafters as the rafters supported the bridge project. Eleanor Keuning asked about the May meetings with CalTrans. Rick Benson advised that CalTrans has scheduled public workshops on the permanent fix for May 21st at the Government Center and May 22nd in El Portal, from 4 to 7 p.m. (M)Aborn, (S)Pickard, Res. 08-186 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/Ayes: Aborn, Turpin, Pickard; Excused: Bibby, Fritz. Public Presentation: For Items within the Jurisdiction of the Board and not on Today’s Agenda. Eleanor Keuning commented on the need for road maintenance on Leonard Road; and she advised that Kiwanis is involved in a pediatric trauma prevention program that can be used in emergency situations. Ruth Catalan stated she heard that a consultant will be hired versus a Compliance Officer for Williamson Act and she questioned whether the consultant would have enforcement powers. She commented on the recent Landfill Task Force meeting and the report that the landfill will be full in five years; and she feels that the County needs to be planning for this; and she commented on a letter exploring the option of Total Waste hauling trash from the Park Service to Merced County. Chair Turpin noted that he is expecting a positive report from Planning on the Williamson Act staffing. Brian Muller, Sheriff, advised of action taken by a Senate Budget Subcommittee to eliminate funding for law enforcement and grants and the potential impacts that could have on the County. Ken Gosting asked that YARTS be added to the list for CalTrans for responders. Jim Rydingsword, Human Services Director; A) Review and Approve Logo for Human Services Departmental Use; Director to Present a Certificate of Appreciation and Gift Certificate to Susie Gordo in Recognition of her Winning Logo Design ---PAGE BREAK--- 3 5-13-08 BOARD ACTION: Following discussion, (M)Pickard, (S)Aborn, Res. 08-187 was adopted approving the logo/Ayes: Aborn, Turpin, Pickard; Excused: Bibby, Fritz. Jim Rydingsword presented a gift certificate to Susie Gordo. 10:12 a.m. Recess 10:14 a.m. B) Approve a Reorganization of the Human Services Department Effective May 1, 2008; Establish a New Operating Budget for Fiscal Year 2008/2009 for the New Division and Approve the Transfer of Allocated Full Time Employees to the New Division Effective July 1, 2008; Approve Budget Actions Transferring Funds and Increasing Revenue within Human Services Department Budget to Accommodate the Reorganization (4/5ths Vote Required) BOARD ACTION: Chair Turpin continued this matter to May 27th as the budget portion of the request requires a 4/5ths vote. Richard J. Benson, County Administrative Officer/Personnel/Risk Manager; Approve an Amendment to the Deputy Director of Community Action Agency and Housing Authority Job Description, Re-title to Deputy Director Employment and Community Services, and Align the Salary with that of the Deputy Director of Social Services ($4,975 -$6,047/Month) BOARD ACTION: Rick Benson advised that this item is a follow-up to the reorganization request; and the matter was continued to May 27th. Kris Schenk, Planning Director; Approve the Issuance of a “Letter of Public Convenience and Necessity” to the Department of Alcohol Beverage Control to Increase the Number of Off Sale Alcohol Licenses from Eleven (11), to Twelve (12) in Mariposa County, Census Tract 001, for Rite Aid Corporation at 4994 Joe Howard Street BOARD ACTION: Following discussion with Kris Schenk, (M)Aborn, (S)Pickard, Res. 08-188 was adopted approving the request/Ayes: Aborn, Turpin, Pickard; Excused: Bibby, Fritz. Dr. Mosher, Health Officer; Approve the Use of Senior Services Transit Bus for Transportation of Volunteers within the Pandemic Influenza Pandemic County-wide Drill, and Information Regarding the Upcoming Pandemic Influenza County-wide Drill BOARD ACTION: Dr. Mosher provided information on the request. Input from the public was provided by the following: Ruth Catalan questioned the cost for use of the bus. Dr. Mosher responded that the total cost of the drill is budgeted at $10,000. (M)Pickard, (S)Aborn, Res. 08-189 was adopted approving the request/Ayes: Aborn, Turpin, Pickard; Excused: Bibby, Fritz. Thomas P. Guarino, County Counsel; Approve an Agreement with Yosemite Area Regional Transportation System (YARTS) Joint Powers Authority (JPA) to Continue Providing Round Trip Transit Services from Mariposa County BOARD ACTION: Thomas P. Guarino asked that the matter be continued to May 20th for the YARTS representative to be present. Supervisor Aborn provided input on addressing a connection to UC Merced. Input from the public was provided by the following: Dorothea Vicari stated she works at UC Merced and she advised that there are several faculty and staff members living in Mariposa – a few are using YARTS, but they have to transfer to the Merced bus system because YARTS doesn’t stop at UC Merced. The matter was continued to May 20th. Approval of Summary of Proceedings of May 6, 2008, Regular Meeting (Clerk of the Board) BOARD ACTION: (M)Aborn, (S)Pickard, the minutes were approved/Ayes: Aborn, Turpin, Pickard; Excused: Bibby, Fritz. ---PAGE BREAK--- 4 5-13-08 INFORMATION – No action was necessary on the following: Board of Supervisors will Serve Lunch at the Mariposa County Senior Center on May 20, 2008 Board Information Supervisor Pickard advised that he plans to attend the Regional Council of Rural Counties meeting on Wednesday, and the Environmental Services JPA meeting on Thursday. He advised of efforts to get an amendment to the Extraordinary Session that would exempt counties with less than 40,000 in population from losing their gas tax revenue for six months to accommodate the cash flow shortage for the State. He asked that the County Administrative Officer send a letter to the Governor supporting this amendment as soon as possible and that the letter be scheduled on the May 20th agenda for ratification. He provided input on the Governor’s May revise – there is a possibility of pursuing a ballot measure to increase the Vehicle License Fees; and there is discussion of changing Proposition 10/Childrens’ First funding and Proposition 63/Mental Health funding to be used at a local level with Board authority and he commented on the negative impact that could have on the County’s budget. Supervisor Aborn commented that his efforts with YARTS are to improve the services that are provided. Supervisor Turpin commented on the Solid Waste Task Force meeting he attended on Wednesday and the issues that were discussed. He attended the CalTrans’ Essential Access Celebration for the interim bridge project for the Ferguson Rockslide. He announced that the Chamber of Commerce is holding a Gold Rush Scramble Golf Tournament at the Lake Don Pedro Golf and Country Club on Friday, with proceeds to benefit the local Fire Stations and improvements at Coulterville Park. He advised that the Coyote Howl is scheduled for this weekend in Coulterville. Rick Benson asked for clarification of Supervisor Pickard’s request to send a letter to the Governor relative to the gas tax revenue, and the Board concurred with the request. Supervisor Pickard advised of consideration of a State Responsibility Area (SRA) fee for CAL FIRE and the possibility of an exemption if a County provides its own service. 10:56 a.m. CLOSED SESSION: Conference with Legal Counsel: Existing Litigation: California Government Code Section 54956.9 Name of Claimant or Case Number and Name of Adverse Parties: Hazel Green Ranch, LLC v. United States Department of the Interior, et al., Case No. 1:07-CV- 00414-OWW-SMS (County Counsel); and CLOSED SESSION: Conference with Real Property Negotiator; Description of Real Property: 5320 Highway 49 North, Mariposa 95338 for Grand Jury Office Space; Agency Negotiator: County Counsel; Name of Party Who Will Negotiate with County (Not Party’s Agent): Kenneth Mari; Closed Session Will Concern Price and Terms of Lease (County Counsel) BOARD ACTION: (M)Pickard, (S)Aborn, the closed sessions were held/Ayes: Aborn, Turpin, Pickard; Excused: Bibby, Fritz. 11:29 a.m. Chair Turpin announced the following as a result of the closed session matters: information was received on the Hazel Green Ranch matter; and direction was given to staff on the real property matter. CONSENT AGENDA CA-1 Approve Budget Actions Transferring Funds, Increasing Revenues, and Reducing Contingency in the Human Services Department Budgets to Cover Expenses to the End of the Fiscal Year ($254,699) (4/5ths Vote Required) (Human Services Director); Item was continued to May 27th. CA-2 Approve the Annual Mariposa County Pioneer Wagon Train Event and the Pioneer Wagon Train Appreciation Dinner as County Activities and Authorize the Board of Supervisors Chair to Sign an Agreement with the 35-A District Agricultural Association ---PAGE BREAK--- 5 5-13-08 for the Annual Dinner, and an Operating Plan and Special Use Permit with the Sierra National Forest (County Counsel); Res. 08-181 CA-3 Approve an Agreement with Pitney Bowes for Upgraded Postage Machine and Software and Authorize the Board of Supervisors Chair to Sign the Agreement (County Clerk/Treasurer/Tax Collector); Res. 08-182 CA-4 Approve a Six-year Lease Agreement with the United States Department of Agriculture (USDA) Forest Service for Hanger #39 at the Mariposa/Yosemite Airport and Authorize the Public Works Director to Sign the Agreement (Public Works Director); Res. 08-183 CA-5 Approve a Three-year Lease Agreement with the United States Department of Agriculture (USDA) Forest Service for a Helibase at the Mariposa/Yosemite Airport and Authorize the Public Works Director to Sign the Agreement (Public Works Director); Res. 08-184 CA-6 Approve a Lease Agreement with Oakhurst Property Management for Property Located at 5119 Jones Street to Re-locate the Wellness Center and Authorize the Board of Supervisors Chair to Sign the Agreement; Approve Human Services Department to Solicit for Bids for Re-modification Work of the Property Location (Human Services Director); Res. 08-185 CA-7 Re-appoint Don Pucilowski to the Assessment Appeals Board Representing Supervisorial District II for a Term Expiring September 1, 2011 (Supervisor Turpin) 11:30 a.m. Adjournment Respectfully submitted, MARGIE WILLIAMS, Clerk of the Board LYLE TURPIN, Chair, Board of Supervisors