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Time Description 9:06 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Introductions Public Presentation: For Non-Timed Agenda Items including Attention, Information, and Consent Agenda, and for Items Not on the Agenda Paul Chapman referred to Consent Agenda item 3, and he stated that during the Final Budget Hearing he feels that the Board was informed that the Airport should be an enterprise fund and other funds should not be added to this budget. Board Information Supervisor Bibby advised that she met with a citizens group on last Thursday relative to issues concerning Mt. Bullion and the study area, and they are interested in forming a committee as soon as the General Plan is adopted. Supervisor Fritz invited everyone to attend the Mountain Crisis Services dedication of their new shelter, with the event to be held at Alpine Builders this evening. She advised that she plans to attend the San Joaquin Valley Regional Association of California Counties Conference on November 1-3 in Yosemite; and the San Joaquin Valley Rail Committee meeting on November 9th in Hanford. Supervisor Turpin thanked the Board members and staff for getting through a marathon workshop for the General Plan the previous week. He advised that he plans to attend the Air Board hearing on Wednesday in the Government Center, and they will be addressing diesel emissions; and he plans to attend the San Joaquin Valley Regional Association of California Counties Conference next week in Yosemite. Approval of Consent Agenda (See End of Minutes) BOARD ACTION: Supervisor Bibby pulled items 2 and 3. Supervisor Turpin pulled items 2, 3, and 4. (M)Bibby, (S)Fritz, the balance of the items was approved/Ayes: Unanimous. Consent Agenda item 2 – upgrade of statewide computer system for Welfare and draft Consortium-IV Joint Powers Agreement. Following discussion, the matter was continued to later this date for discussion with the Human Services Director. Consent Agenda item 3 – application for State Aeronautics grant for the Airport for fire fighting system and electrical upgrade. Discussion was held with Dana Hertfelder, Public Works Director, relative to the cost estimate for the project; and he advised that he will come back to the Board for direction on the matching funds and for action to award the contract if the grant is approved. (M)Pickard, (S)Turpin, item 3 was approved/Ayes: Unanimous. Consent Agenda item 4 – allocation of an Administrative Analyst for the transportation planner function and budget action. Discussion was held with Dana Hertfelder, Public Works Director, relative to the request. Carl Casey, Public Works Administrator, responded to questions relative to the salary and reimbursement from the State. (M)Turpin, (S)Fritz, item 4 was approved/Ayes: Unanimous. Dr. Mosher, Health Officer; Approve an Agreement with the State of California for JRSA Bioterrorism Hospital Preparedness Grant in the Amount of $144,688, Authorize the Chairman of the Board of Supervisors to Sign the Agreement MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA October 24, 2006 ---PAGE BREAK--- 2 10-24-06 and Approve Budget Action Increasing Revenue and Appropriations in the HRSA Bioterrorism Fund ($144,000) (4/5ths Vote Required) BOARD ACTION: Discussion was held with Dr. Mosher relative the agreement, and he clarified that the amount is $144,688 versus the $144,000 shown on the agenda. Chairman Stetson called for input from the public and none was received. Dr. Mosher advised that they are starting the flu clinics this date. (M)Bibby, (S)Fritz, Res. 06-497 was adopted approving the agreement and budget action/Ayes: Unanimous. Dana Hertfelder, Public Works Director; Approve Contract with G&C Enterprises for Replacement of the Old Jail-Sheriff’s Dispatch Roof in the Amount of $69,949 and Authorize Budget Action Transferring Funds from the General Fund Contingency to Fund the Project and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (4/5ths Vote Required) BOARD ACTION: Discussion was held with Dana Hertfelder concerning the request. Input from the public was provided by the following: Ruth Catalan questioned the recommendation for the replacement of the roof. Paul Chapman asked if any consideration was given to putting a patch on the flat roof. Dana Hertfelder responded to the questions. (M)Fritz, (S)Pickard, Res. 06-498 was adopted/Ayes: Unanimous. Discussion and Possible Further Action Regarding Continuation of the Local Emergency Due to Landslides on Highway 140 Enroute to Yosemite National Park (County Counsel/Interim County Administrative Officer) BOARD ACTION: Chairman Stetson advised that Supervisor Pickard worked with him to help arrange a meeting that will occur in two weeks to begin the process for working toward a long-term fix. (M)Bibby, (S)Fritz, Res. 06-499 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: Unanimous. Discussion, Direction, and Possible Action Relative to Endorsing the Concept of a Consortium of County Counsel Attorney Fee Reduction Program (County Counsel) BOARD ACTION: Discussion was held with Thomas P. Guarino, County Counsel, relative to the request, the process, and concerns with impacts on County Counsel’s time. (M)Fritz, (S)Bibby, the Board concurred with County Counsel attending a meeting to obtain more information on the proposal and to report back to the Board/Ayes: Unanimous. 9:57 a.m. Recess 10:12 a.m. Cheryle Rutherford-Kelly, Human Services Director; PUBLIC HEARING – 1) Conduct a Public Hearing Regarding the Submission of a $162,162 Community Development Block Grant (CDBG) Application for 2006 to Fund Mother Lode Job Training for Low-Income Employment and Training Services; and 2) Approve the $162,162 2006 Community Development Block Grant (CDBG) Application to Request Funding from the State Department of Housing and Community Development of Housing and Community Development to Support these Community Programs; Authorize the Chairman of the Board of Supervisors to Sign Application BOARD ACTION: Cheryle Rutherford-Kelly presented the staff report; and she responded to questions from the Board relative to the status of receiving letters of support for the grant; and relative to concerns with the timeframes and process for the grant application and whether it would affect other County applications in the future if the process requirements are not met. Input from the public was provided by the following: Leann Hatton, Mother Lode Job Training, advised that she wrote the grant and attended the training and was advised that they would be docked points for not meeting all of the requirements, but it was recommended that they still submit the grant. ---PAGE BREAK--- 3 10-24-06 Paul Chapman asked about the effectiveness of the Mother Lode Job Training program, and he questioned why the program pays for car insurance for the participants. Gwen Nitta, One Stop Manager for Mother Lode Job Training, provided information on the number of clients they have served and their success and the vocational skills training. She advised that the cost of having automobile insurance is an issue for people to be able to get to work. She responded to questions from the Board relative to reimbursement for travel out of the County; relative to job placement; and relative to the grant application. The public portion of the hearing was closed and the Board commenced with deliberations. Cheryle Rutherford-Kelly responded to questions from the Board relative to the administration of the grant by the Community Action Agency and acceptance of the funds by the County; and she advised that this will come back to the Board for acceptance of the grant if it is awarded. She responded to additional questions from the County relative to the grant process and administration. (M)Pickard, (S)Bibby, Res. 06-500 was adopted authorizing submission of the grant application as requested/Ayes: Unanimous. The hearing was closed. Consent Agenda item 2 - upgrade of statewide computer system for Welfare and draft Consortium-IV Joint Powers Agreement (JPA). Discussion was held with Cheryle Rutherford-Kelly, Human Services Director, relative to this matter. Supervisor Pickard asked that information be provided relative to the Consortium-IV JPA and the CMSP program. Supervisor Turpin asked if the 40% membership requirement to have a quorum in the by-laws was correct. Thomas P. Guarino, County Counsel, advised that 40% has been used with very large organizations when it is difficult to get people together for meetings. Cheryle Rutherford-Kelly stated she wants to give County Counsel an opportunity to review all of the documents and to provide input. The Board concurred with referring this matter to County Counsel for review and for the matter to be brought back as a timed item. 10:44 a.m. Recess 10:45 a.m. Lee Stetson, Interim County Administrative Officer; PUBLIC HEARING – Design Phase to Develop Two Possible Planning and Technical Assistance Grant Applications to Submit to the State Community Development Block Grant Program for the Purpose of Developing a Drainage Study for the Town of Mariposa BOARD ACTION: Marilyn Lidyoff, Administration-Business Development Coordinator, presented the staff report and advised of the Housing and Community Development Department grant reporting requirements. She clarified that the request is for two grants: 1) $35,000 for the drainage study for the town of Mariposa; and 2) $35,000 to conduct the CEQA/NEPA process for both the towns of Mariposa and Coulterville for developing a drainage study. She responded to questions from the Board relative to the NEPA process and how long the CEQA/NEPA studies would be effective; relative to the status of budgeting for the County’s match; and as to the timelines. The public portion of the hearing was opened and input was provided by the following: Paul Chapman questioned the need to study drainage, and he stated he feels there are projects with a higher priority. Marilyn Lidyoff responded that the purpose of the study is to look at planning for the future. Supervisor Turpin noted that the results of the study can be used to qualify for funding for the projects. The public portion of the hearing was closed and the Board commenced with deliberations. Marilyn Lidyoff responded to questions from the Board relative to the cash match requirement. (M)Turpin, (S)Fritz, Res. 06-501 was adopted authorizing submission of the grant applications as requested/Ayes: Unanimous. The hearing was closed. CLOSED SESSION: Liability Claims: Claimant Name: Caron Cavalero; Claim Number: C06-13; Name of Agency Sued: JPA, A12AA, County of Mariposa, et al (County Counsel); and CLOSED SESSION: Liability Claims: Claimant Name: Timi Petersen Claim Number: C06-14; Name of Agency Sued: JPA, A12AA, County of Mariposa, et al (County Counsel) BOARD ACTION: County Counsel advised that these closed sessions were not needed. ---PAGE BREAK--- 4 10-24-06 11:03 a.m. CLOSED SESSION: Conference with Legal Counsel: Anticipated Litigation: Initiating of Litigation Pursuant to Subdivision of Government Code Section 54956.9. County of Mariposa v. Total Waste Systems, Inc. (County Counsel); and CLOSED SESSION: Conference with County Labor Negotiator: Name of Employee Organization: SEIU (Service Employees International Union); Name of County Designated Representative: Rick Bolanos (Interim Budget/Personnel/Risk Manager) BOARD ACTION: (M)Bibby, (S)Pickard, the Closed Session for conference legal counsel was held at this time; and the Closed Session with County labor negotiator was held following lunch/Ayes: Unanimous. 11:25 a.m. – LUNCH 1:40 p.m. The Board reconvened in closed session. 2:21 p.m. The Board reconvened in open session. Chairman Stetson announced that direction was given to staff as a result of the closed session matters. Kris Schenk, Planning Director; A) PUBLIC HEARING – Land Conservation Act Contract Cancellation Application No. 2006- 268; County of Mariposa, Proponent. Request for Cancellation of a 3.5-acre Portion of a 40.01-acre Parcel within Williamson Act Contract No. 23; APN 001-260-033 Located at 2237 Ranchito Drive in Don Pedro Area. BOARD ACTION: Supervisor Fritz commended Sarah Williams for her written staff report on this matter. Sarah Williams, Deputy Planning Director, presented the staff report; and she presented suggested revisions to the draft formal resolution. The other Board members thanked staff for their work on this project. Sarah Williams responded to questions from the Board relative to the written correspondence received; relative to the process for the cancellation of a Land Conservation Act contract; relative to protest procedures; relative to the Agricultural Advisory Committee’s review of this matter; and relative to the number of service connections that the original wastewater system was designed for versus the actual number being served. Dana Hertfelder, Public Works Director, responded to questions from the Board relative to the need for the wastewater system project; review of land in the area for the system; and relative to decommissioning the old plant when the new system is operational. The public portion of the hearing was opened and input was provided by the following: Calvin Gile stated he is a homeowner and is concerned with the location of the plant – he feels it should be located on the other side of the 40-acre parcel. He advised that they never received any site plans and asked that the plant be moved further west. Dana Hertfelder responded to the concerns and advised that following review of the property by the environmental consultant, the decision was made to use the proposed location; and he advised of landscaping plans to minimize the aesthetic issues. Paul Chapman commented on the Board’s original purchase of land for this project that was under Williamson Act contract; and he stated he does not feel that the findings can be made for cancellation of the contract as there is land in the area that is not under contract. He feels the County has options to take the golf course area under eminent domain; wait for the Land Conservation Act contract to expire and build the plant in 20 years; or drop the idea of the plant and leave things as they are. Cathie Pierce, representing the Mariposa County Farm Bureau, commented on her visit to the property on October 12th. She advised that it was their understanding that this land would be kept in grazing; however, she did not observe any evidence of cattle being on the property since the County took ownership. She questioned why it is not being used for grazing. Supervisor Turpin noted that there were cattle on the property last year and that it is used annually for grazing. Cathie Pierce stated she feels that if the land is not going to be used for agriculture, that the contract should be cancelled for the whole parcel. She also stated she feels that there should be a complete paper trail of the history of this project in the package, including the letters from the State Department of Conservation, which help ---PAGE BREAK--- 5 10-24-06 to show how we got to this point. Sarah Williams responded that the staff report was written for the cancellation issue. Cathie Pierce stated she feels that ground could have been used for this project that was not in ag preserve; and that agriculture is paying a price for the County not being on the ball. She referred to the Department of Conservation letters. Calvin Gile advised that he saw cattle on the property this past spring; and he noted that the people living there made this choice for a wastewater treatment facility and they are paying for it. Chris Porter, Vice-President of Deerwood Corporation, advised that this project is essential and was approved by a vote of 87%. Dennis Bunning, speaking as an individual, noted that “influent” should be used in place of “effluent” in the formal resolution where it refers to the matter coming into the system. He stated he feels this will be a substandard plant at level 2 and should be a level 3. He suggested that consideration be given to placing the plant at the existing site and using the 80-acres for getting rid of the effluent. Dana Hertfelder responded to the concerns relative to the location of the plant and the type of plant that was selected. Cathie Pierce stated that, as a taxpayer, she feels that the entire County has paid for this ground. She noted that this cancellation was a compromise with the County, the Farm Bureau and the Department of Conservation; and they are not here in opposition to the cancellation, they are just making observations. The public portion of the hearing was closed and the Board commenced with deliberations. Supervisor Bibby asked that Public Works and the Assessor review and monitor the status of the use of the property for compliance with the Williamson Act contract. Becky Crafts, Assistant Assessor, responded to a question from the Board as to how the $35,000 valuation of the 3.5-acres was arrived at. Dana Hertfelder responded to questions from the Board relative to the landscaping plans for the project; and long-term maintenance. Supervisor Bibby stated she feels there are many issues that still need to be addressed concerning compliance with the Williamson Act contract; operation of the facility and what will happen if the State says that the effluent can no longer be sprayed on the land in the future; and what will happen at the end of the current grazing lease. Dana Hertfelder noted that it is rare for the State to come back and modify a plant’s operation after it is permitted. Supervisor Turpin clarified that both 40-acre parcels are under non-renewals of their Williamson Act contracts. (M)Turpin, (S)Pickard, Res. 06-502 was adopted, with the suggested revisions, granting tentative approval to the cancellation of the Land Conservation Act contract and directing staff to record appropriate notice with the County Recorder; making findings pursuant to State Law; establishing conditions to be met prior to final cancellation; and certifying to the County Auditor the amount of the cancellation fee that shall be paid to the County Treasurer upon cancellation; and direction was given for the landscaping plans to be carried out. The motion was amended, agreeable to the maker and second, to include direction for the previous letters from the Department of Conservation to be incorporated. Ayes: Unanimous. The hearing was closed. B) Discussion and Direction Regarding General Plan Final Adoption Schedule, and Possible Additional Workshop for the Board to Review the Planning Consultant’s Revisions from the October 17th, 2006 Public Workshop BOARD ACTION: Discussion was held with Kris Schenk relative to the workshop and hearing schedule. Supervisor Bibby asked that consideration be given to showing in the General Plan how the comments got there and by which agency or whether it is a State requirement. Supervisor Pickard suggested that another workshop be scheduled for December 5th to focus only on those revisions directed by the Board as a result of the October 17th workshop in preparation for the public hearing. County Counsel provided input relative to being able to continue the workshops and public hearing to the next day if more time is needed. Chairman Stetson called for public input on this matter and none was provided. The Board concurred with scheduling an additional workshop on December 5, 2006, at 1:00 p.m. as suggested; and with holding the public hearing on December 6, 2006, at 2 p.m. and 6:00 p.m. ---PAGE BREAK--- 6 10-24-06 CONSENT AGENDA: CA-1 Approve an Agreement with California Department of Motor Vehicles for the Purpose of Obtaining DMV Records using On-line Access through Department of Technology Services and the Health and Human Services Agency Data Center and Authorize the Human Services Director to Sign the Memorandum of Understanding and Social Security Number Addendum (Human Services Director); Res. 06-489 CA-2 Adopt a Resolution to Receive Information about the Need to Upgrade the Statewide Computer System for Welfare and Request that County Counsel Review the Draft Consortium-IV Joint Powers Agreement and By-laws and Provide Comments to the C-IV Governance Workgroup (Human Services Director); The Board concurred with referring this matter to County Counsel for review and for the matter to be brought back as a timed item. CA-3 Approve Allocation and Application for GAA 2006/2007 and State Aeronautics Matching Funds for the Mariposa Yosemite Airport Fire Fighting System & Electrical Upgrade Project #03-08, and Authorize the Public Works Director to Execute Documents for these Applications (Public Works Director); Res. 06-495 CA-4 Adopt a Resolution Authorizing the Allocation of an Administrative Analyst to Perform Most of the Functions of Transportation Planning; Un-fund the Transportation Planner Position; and Fund the Administrative Analyst Position by Approving a Budget Action Transferring Funds within the Transportation Planning Budget ($38,000) (Public Works Director); Res. 06-496 CA-5 Approve Budget Action Transferring Funds within the Roads Budget for Roads Special Projects Increasing Revenue and Expense by $5,000 to Cover the Cost of Road Repairs for Flood Damaged Roads ($5,000) (4/5ths Vote Required) (Public Works Director); Res. 06-490 CA-6 Approve Purchase Order with Mountain Aire in the Amount of $4,043.00 for Repair of the Climate Control System for the Mariposa County Courthouse Records Vault (Public Works Director); Res. 06-491 CA-7 Adopt a Resolution Rejecting Claim No. 06-13 Filed by Carol Cavalero for an Undetermined Amount and Authorize the Chairman of the Board of Supervisors to Sign the Notice of Rejection (Interim Budget/Personnel/Risk Manager); Res. 06-492 CA-8 Adopt a Resolution Rejecting Claim No. 06-14 Filed by Timi Petersen for an Undetermined Amount and Authorize the Chairman of the Board of Supervisors to Sign the Notice of Rejection (Interim Budget/Personnel/Risk Manager); Res. 06-493 CA-9 Approve Agreement Pierce’s Disease Control Program/Glassy-Winged Sharpshooter No. 06-0516 with California Department of Food and Agriculture (CDFA) for Fiscal Year 2006-2007 (Agricultural Commissioner); Res. 06-494 ---PAGE BREAK--- 7 10-24-06 3:42 p.m. Adjournment in memory of Melvin E. Yost, Frank Castillo Sanchez, Howard Greenhalgh, Jonathan Powell, Sr., and Les Lord. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board