Full Text
MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA April 5, 2005 Time Description 9:05 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Rich Inman, County Administrative Officer A) Discussion and Direction Relative to a Request Received from Mariposa Historical District Merchants Group Concerning the Current Status and Term of the Mariposa County Parking District BOARD ACTION: Rich Inman advised that this was placed on the agenda at the request of Dick Hutchinson. Dick Hutchinson, Acting Chairperson for the Mariposa Historical District Merchants Group, provided information on the history of the Parking District and the status of the existing parking lots. He requested that the Board take immediate action to resolve the Parking District issues, as the remaining leases for the parking lots are set to expire on January 1, 2006. Chairman Pickard advised of previous discussions that have been held on the parking lot issues. Tom Guarino, County Counsel, provided input on his review of the issues and the files for the District. He noted that the current leases are set to expire on December 31, 2005; however, the District remains in existence, but there will be no land associated with it. The land will revert back to the landowners, and the County will not have the responsibility for liability for the lots. He noted that as businesses are developed, they will be required to meet the County Code requirements for parking. Thus, the burden for supplying parking, as well as providing liability, shifts to the businesses. Tom further noted that the files contain copies of letters that were sent to property owners in 2002 relative to these issues, and some analysis that was done relative to costs and expenses. Supervisor Bibby suggested that a task force be created to work with County Counsel to discuss these issues with the property owners and to work on a resolution – perhaps entering into another long-term lease for the parking lots and looking into ways that the District can become self-sufficient. Supervisor Pickard stated he feels that the parking lots need to remain for use as parking lots. Dick Hutchinson asked about selecting task force members. Discussion was held relative to using the existing Mariposa Town Transportation and Parking Committee and other options. The Board concurred with Supervisors Bibby and Fritz working with staff, including Public Works and Planning, to bring back a recommendation on whether the Mariposa Town Transportation and Parking Committee should be activated or whether a separate task force should be created to work on these issues, including working with the property owners. Dick Hutchinson noted the importance of communication with the property owners on these issues. Input from the public was provided by the following: Bill Evans stated he lives in the “Ruth Womack” house, and he does not want to be involved in this. Cameron Burley stated he believes that the Methodist Church owns the entrance to the parking lot, and he would like to see the lot continued. Tom Guarino asked the property owners that were present to leave their names and addresses at the office for future contact. Miriam Costello stated the parking lots are important to the individual retail businesses. She also noted that the businesses bring a lot of tourists to the community, and if there is no parking, they will need to close their doors. Supervisor Bibby commented on the Mariposa Task Force’s work on this matter and their recommendations. ---PAGE BREAK--- 2 4-5-05 Roseanne Burley stated that because she is handicapped, she finds that there are only a few spots that are accessible, except behind the Methodist Church. She asked about the status of the parking lot behind the Chevron station, and was advised that the lease expired, but the land is still in the Parking District area. B) Discussion and Direction Concerning Downtown Signage Design and Color Scheme BOARD ACTION: Rich Inman advised of a meeting that was held with the downtown merchants to discuss signage. Sample signs were presented (yellow background, with blue lettering and a butterfly logo), and he asked for the Board’s direction to pursue the color scheme and design for the signs that would provide direction to parking, historical points of interest, and other facilities. He noted that information has been received that CalTrans will not allow the yellow color within their easements as it signifies a warning. Dick Hutchinson advised that the Tourism Coordinator is trying to set up a meeting for Friday with CalTrans representatives for this area to discuss this matter. He also noted that brown is the color used for historic signs. He also advised of a pending request for signs for Coulterville. Discussion was held. Supervisor Fritz commented on the work done by the Mariposa Task Force on this matter, and the consideration of a buff color. She suggested that an ad hoc committee work on this issue. Supervisor Bibby also commented on the Task Force’s work on this matter. Supervisor Pickard noted that this is the type of issue that would be appropriate for a town planning advisory committee. The Board concurred with Supervisors Bibby and Fritz and the County Administrative Officer working with staff to bring back a recommendation for the color scheme. Supervisor Bibby asked about funding issues for the signs and replacement, and whether the County would have protected rights to use the design and color scheme. Chairman Pickard suggested that these issues also be reviewed and recommendations brought back. Bob Shockley stated he feels that there may be other variations of the yellow color that could be used. Supervisor Turpin stated he would like to see Public Works involved in this matter because of their sign shop. Introductions Cathi Boze, Agricultural Commissioner, introduced Karen Robb, the new County Director/Farm Advisor. Karen stated she is looking forward to working here. Public Presentations: For Non-Timed Agenda Items including Attention, Information, and Consent Agenda, and for Items Not on the Agenda – none. Board Information Supervisor Fritz advised that the Soroptimist’ annual Gold Rush dinner/dance event was a success. Supervisor Bibby advised that she is planning to attend the Mental Health Board meeting at noon today. Supervisor Turpin advised that last Friday he took part in the “Experience Yosemite” tour. He noted the discussion of the issue of management of the natural resources and advised that he will try to schedule a presentation for the Board. Supervisor Bibby advised that County Counsel will give a presentation today to the Mental Health Board of on the Brown Act and committee requirements. Supervisor Pickard advised of the tour of the storm damaged areas on Wednesday with staff from Senator Poochigian, Cogdill, and the Governor’s offices, along with the Deputy Fire Chief and the Public Works Director. He advised that the Disaster Team from the Office of Emergency Services was here on Monday doing survey work. He further advised that a tour has been scheduled on the agenda for later this date. Supervisor Bibby advised that several meetings have been held with OES and she suggested that the Fire Chief and Public Works Director return with an updated report on the damages. Supervisor Turpin advised that the Greeley Hill Community Club’s breakfast was a great success, and that Sheriff Allen swore in a new resident deputy for the North County. ---PAGE BREAK--- 3 4-5-05 Approval of Minutes 3-08-05, Regular Meeting BOARD ACTION: (M)Turpin, (S)Bibby, the minutes were approved, as corrected/Ayes: Unanimous. Approval of Consent Agenda (See End of Minutes) BOARD ACTION: Rich Inman, County Administrative Officer, pulled item 7 to be continued. Supervisor Bibby pulled items 5 and 14. Supervisor Turpin pulled items 3, 4, 16 and 24. Supervisor Fritz pulled item 3. (M)Stetson, (S)Fritz, the balance of the items was approved/Ayes: Unanimous. Consent Agenda item 3 – Supervisor Turpin initiated discussion relative to future improvements with the completion of the compost facility. Carl Casey/PWD-Fiscal Officer, advised that the compost project includes paving to the facility. Supervisor Fritz advised that Mariposa Flagstone Company has offered some slate base to the County, and she will provide the information to Public Works. (M)Turpin, (S)Fritz, item 3 was approved, with the understanding that this is a not to exceed amount and that the offer of slate base will be pursued/Ayes: Unanimous. Consent Agenda item 4 – Supervisor Turpin initiated discussion relative to the request. Carl Casey responded to questions relative to the original contract amount. Supervisor Bibby advised of a correction to the contract relative to the date of completion and the compensation. Tom Guarino, County Counsel, advised that the two paragraphs are reversed in this item and in Consent Agenda item 5. (M)Bibby, (S)Stetson, item 4 was approved, with direction for the correction to the contract to be made/Ayes: Unanimous. Consent Agenda item 5 – Supervisor Bibby advised of the correction that needs to be made in this contract relative to the date of completion and the compensation. (M)Bibby, (S)Stetson, item 5 was approved, with direction for the correction to the contract to be made/Ayes: Unanimous. Consent Agenda item 14 – Supervisor Bibby noted what an outstanding staff member Chris Ebie has been to the County, and she noted that his assistance, expertise, and work ethic as Assistant Auditor will be greatly missed. She asked that the record reflect how much his services were valued. Chairman Pickard and the other Board members agreed and gave a round of applause. (M)Bibby, (S)Fritz, item 14 was approved/Ayes: Unanimous. Consent Agenda item 16 – Supervisor Turpin initiated discussion relative to the program. Jim Allen, Sheriff, responded to questions relative to the budget and services provided by the program. (M)Turpin, (S)Stetson, item 16 was approved/Ayes: Unanimous. Consent Agenda item 24 – Supervisor Turpin asked about the mileage reimbursement rate. Cathi Boze, Agricultural Commissioner, advised that they will only reimburse for mileage using the State’s rate. It was also noted that the term of the contract is for three seasons. Tom Guarino noted that his name should be removed as the contact for the County from the Personal Services Agreement. Chairman Pickard noted that copies of the “Field Guide to Invasive Non-Native Weeds of Mariposa, Madera, and Fresno Counties” were provided to the Board members. Cathi encouraged people to use the guides to identify invasive weeds. Discussion was held. Supervisor Turpin noted that the Iberian Starthistle has been located on his property, and he excused himself from participating in this item. (M)Fritz, (S)Bibby, item 24 was approved, with the change in the Personal Services Agreement to remove County Counsel as the contact/Ayes: Stetson, Bibby, Fritz, Pickard; Excused: Turpin. Discussion and Direction Relative to a Request Received from Madera County Board of Supervisors for Support of AB 183 (Cogdill) which would Authorize the Creation of a Correctional Conservation Camp within one of the two Female Prisons Located in Madera County (Chairman Pickard) BOARD ACTION: Supervisor Pickard initiated discussion relative to the legislation and its status. Supervisor Bibby asked for input from CDF relative to their position on this legislation. She noted support for fire suppression programs and that it is a good use of the inmate personnel; however, she wants to be sure that new funding will be found for this Camp so that it doesn’t impact existing facilities. Gary Marshall, CDF Unit Chief for Madera-Mariposa, advised that the Department currently has taken a neutral stand on this legislation because of the funding status. Supervisor Bibby asked that CDF keep the Board informed of its position on this matter. (M)Turpin, (S)Stetson, Res. 05-130 was adopted supporting AB 183, with the stipulation that new funding be used for this Camp. It was requested that the County Administrative Officer prepare the letter of support. Ayes: Unanimous. Discussion and Possible Further Action Regarding the Local Emergency Due to the Flooding that Occurred throughout the County (County Counsel) ---PAGE BREAK--- 4 4-5-05 BOARD ACTION: Tom Guarino, County Counsel, advised that this item was placed on the agenda to meet statutory requirements that the Board continues to observe the emergency until it is concluded. However, at this time, there is no action required. Supervisor Bibby noted that the damages continue as the ground is saturated and the pavement is coming apart and springs continue to surface. 10:40 a.m. CLOSED SESSION: Conference with County Labor Negotiator: Name of Employee Organization: SEIU Local 250, Health Care Workers Union; Name of County Designated Representative: Jeff Green (County Administrative Officer); and CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: SEIU Local 535; Name of County Designated Representative: Rich Inman (County Administrative Officer) BOARD ACTION: (M)Bibby, (S)Fritz, the closed sessions were held/Ayes: Unanimous. 10:48 a.m. Recess 11:05 a.m. Rich Inman, County Administrative Officer; PUBLIC HEARING Relative to the Development and Submission of a Planning and Technical Assistance Grant (PTA) Application to the State Community Development Block Grant (CDBG) Program for the Purpose of Retaining a Consultant to Develop an Economic Development Strategy for Mariposa County BOARD ACTION: Rich Inman advised of the CDBG program and the possible elimination of this funding in the future. Marilyn Lidyoff, Administration/Business Development Coordinator, presented the staff report. She explained that the purpose of the public hearing is to receive public input from the Board and citizens on a possible grant application to be submitted for the purpose of retaining a consultant to develop an economic development strategy for the County. She gave an overview of the funding source and distribution for the grant program; a review of the grant she would like to apply for; and she reviewed the process. Staff responded to questions from the Board relative to the timeframes for processing the grant application and the availability of grant funds for the next fiscal year; whether the grant and County match would be sufficient for a consultant to assemble a development strategy plan; as to why application is not being made for grant funds for the other components that were mentioned, such as the low income housing and GIS, etc.; whether there are obligations as a follow-up to this study; relative to review of a previous study; and relative to clarification of the County’s match and the cost of the program. The public portion of the hearing was opened and input was provided by the following: Dick Hutchinson stated he feels this application is a stepping stone to future grants that will be of great assistance to the merchants and businesses in the County. He feels that building a portfolio of grants and what has been accomplished will assist with getting future grants. He supports this application. The public portion of the hearing was closed and the Board commenced with deliberations. Discussion was held. Supervisor Pickard referred to a previous report that recommended that the Board adopt a strategy, and he noted that the General Plan contains an Economic Development Element, and hopefully a subsequent strategy. Rich Inman noted that this is a countywide plan. Supervisor Bibby expressed concern with the number of pending projects in the County and the long-term commitment with this project. Staff responded to questions from the Board relative to the funding source for the County match. Supervisor Turpin asked what it would take to keep this updated. Chairman Pickard suggested that the County Administrative Officer send a letter to support retaining the CDBG program. (M)Fritz, (S)Stetson, Res. 05-131 was adopted approving the submission of the grant application/Ayes: Stetson, Turpin, Fritz, Pickard; Noes: Bibby. The hearing was closed. Kris Schenk, Planning Director; PUBLIC HEARING Relative to Appeal No. 2005-18, an Appeal of Conditions of Planning Director Approval of Historic Design Review Application No. 2004-183; Scott and Magnum Godfrey, Appellants; Project Site is Located at 5006 Main Street in Coulterville, APN 002-050-044 BOARD ACTION: Chairman Pickard noted that this hearing is continued to April 19, 2005, at 10:30 a.m., at the request of the applicant. ---PAGE BREAK--- 5 4-5-05 Chairman Pickard advised of the addendum to the agenda for a tour of the storm damaged areas at 2:30 p.m. He advised that the public and the Board members are invited to participate in the tour, and that the Board will reconvene at the Government Center following the tour. Chairman Pickard announced that direction was given to staff as a result of the two closed session matters held earlier this date. CLOSED SESSION: Conference with Legal Counsel Relative to Anticipated Litigation/Initiating of Litigation for a Case Pursuant to Subdivision of Government Code Section 54956.9 (County Counsel) BOARD ACTION: This matter was continued to April 19, 2005. 11:38 a.m. CLOSED SESSION: Conference with Legal Counsel Relative to Anticipated Litigation/Significant Exposure to Litigation for a Case Pursuant to Subdivision of Government Code Section 54956.9 Relative to a Workers’ Compensation Case (County Administrative Officer) BOARD ACTION: (M)Bibby, (S)Fritz, the closed session was held with Sandi Laird/Administration- Administrative Analyst, to be present/Ayes: Unanimous. Chairman Pickard noted that the Board will recess following the closed session until the tour at 2:30 p.m. 11:54 a.m. – Lunch 2:30 p.m. The Board recessed to allow for a tour of the storm damaged areas in Hunters Valley, Bear Valley, and the Hornitos area by Board members and interested members of the public. No County business, deliberation or action was conducted during the tour. Supervisor Stetson was excused for the rest of the meeting, and Supervisor Pickard did not participate in the tour. 4:56 p.m. The Board reconvened at the Government Center, Board Chambers, with Supervisor Stetson excused. Chairman Pickard advised that direction was given to staff as a result of the earlier closed session relative to a workers’ compensation case. Discussion was held relative to the tour of the storm damaged areas. Supervisor Bibby noted that it was amazing to see the progress and work done by staff since the incident. Supervisor Turpin commented on the need to plan for long-term repairs. No action was taken. CONSENT AGENDA: CA-1 Action to Continue Emergency Findings for the Interim Operation of the Mariposa County Landfill by County Staff is Necessary to Continue an Essential Public Service Until the Bidding Process is Completed (Public Works Director); Res. 05-112 CA-2 Approve Budget Action Transferring Funds within the Yosemite West Maintenance District Budget to Allow for the Purchase of a Water Treatment System to Balance the pH Level of the Water ($3,000) (Public Works Director); Res. 05-113 CA-3 Approve Budget Action Transferring Funds within the Solid Waste Budget from Professional Services to Materials to Cover the Cost of Rock and Slate Base to Place on Dirt Roads at the Landfill ($12,000) (Public Works Director); Res. 05- 124, with direction to staff CA-4 Adopt a Resolution Approving Second Amendment to the Contract with American Geological, Increasing the Contract Amount by $5,000 for Quarterly Ground Water Monitoring and Reporting for Mariposa/Yosemite Airport and ---PAGE BREAK--- 6 4-5-05 Authorize the Chairman of the Board of Supervisors to Sign the Contract (Public Works Director); Res. 05-125, with the correction to the contract CA-5 Adopt a Resolution Approving Second Amendment to the Contract with Michael Skenfield, Extending the Contract Term to June 30, 2005 and Authorizing the Chairman of the Board of Supervisors to Sign the Contract (Public Works Director); Res. 05-126, with the correction to the contract CA-6 Adopt a Resolution Approving First Amendment to the Contract with Kennedy- Jenks Consultants for Engineering Services for the Lake Don Pedro Wastewater Treatment Facility, by Extending the Termination Date Until December 31, 2005 and Authorize the Chairman of the Board of Supervisors to Sign the Contract (Public Works Director); Res. 05-114 CA-7 Approve the Amended Job Descriptions for the Lifeguard I/II/III, Recreation Aide I/II/III, Senior Recreation Leader, and Water Safety Instructor (County Administrative Officer); Matter was pulled to be continued. CA-8 Authorize the Chairman of the Board of Supervisors to Sign an Order of the Board to Reject Claim No. C05-3 in the Amount of $495.05 (County Administrative Officer); Res. 05-115 CA-9 Accept the Resignation of Susan T. Crain from the Mariposa County Planning Commission, Representing District V, Effective April 18, 2005 (Chairman Pickard) CA-10 Authorize the Chairman of the Board of Supervisors to Sign a Letter Congratulating The Yosemite Fund on Their Completion of the Restoration of the Yosemite Falls Area in Yosemite National Park (Supervisors Stetson and Bibby); Res. 05-116 CA-11 Re-appoint George Heiss to the Mariposa County Assessment Appeals Board, Representing Supervisorial District I (Supervisor Stetson) CA-12 Re-Appoint Florence Egger, Ollie Slane and Robert Jobe to the Coulterville Town Planning Advisory Committee for a Term that Expires February 28, 2007 (Supervisor Turpin) CA-13 Adopt a Resolution Authorizing the Chairman of the Board of Supervisors to Sign Future Indemnification Agreements (County Counsel); Res. 05-117 CA-14 Adopt a Resolution Recognizing Christopher Ebie for his Seventeen Years of Service to Mariposa County as Assistant Auditor (Auditor); Res. 05-127, with comments of commendation CA-15 Waive the Three Bid Requirement on Purchases Over $3,000 and Authorize the Purchase of a Workgroup Server for the Mariposa County Fire Department from the Technical Services Fixed Asset Line in an Amount Not-to-Exceed $5,200 (Technical Services Director); Res. 05-118 CA-16 Adopt a Resolution Approving a Contract between the California Department of Boating and Waterways and the Sheriff’s Department to Participate in the Boating Safety and Enforcement Financial Aid Program for Fiscal Year 2005 - 2006 and Authorize the Chairman of the Board of Supervisors to Sign the Contract (Sheriff); Res. 05-128 CA-17 Approve Budget Action Transferring Funds from Mental Health to Alcohol & Drug to Cover Unanticipated Increase in Vehicle Costs ($6,000) and Authorize ---PAGE BREAK--- 7 4-5-05 Fleet Services to Sell Aging Behavioral Health & Recovery Services Vehicles at Auction (Human Services Director); Res. 05-119 CA-18 Approve Second Amendment to a Lease with Coastal Development Company, Increasing the Available Office Space at 5037 Stroming Road for Behavioral Health Programs and Increasing the Contract Amount by $3,688.50 per month (Human Services Director); Res. 05-120 CA-19 Approve Agreement between Madera County Juvenile Detention Facility and Mariposa County Probation Department Providing Appropriate Facilities to House Wards or Detainees of the Juvenile Court (Chief Probation Officer); Res. 05-121 CA-20 Appoint Father Steve Bulfer, Joseph Riccomini, Lisa Petretti, Josh Flores, Amber Laughlin, John Phillips, Gary King, and Steve Delk to the Juvenile Justice Coordinating Council (JJCC) (Chief Probation Officer) CA-21 Approve Budget Action; Approve Transferring Funding of a Deputy District Attorney III at 40% Funding from the District Attorney Criminal Division General Fund to the Statutory Rape Vertical Prosecution Program from April 1, 2005 to June 30, 2005 ($6,731) (District Attorney); Res. 05-122 CA-22 Appoint Douglas Shaw, Terry Dykes, Kathy Lozares, Joan Gloor, Don Pitts, Dorothy Kuhnel, Katherine Long, Donna Brownell, Debbie Bryson-Mustapick, and Kevin Shelton to the Tourism and Advisory Council (Tourism Coordinator) CA-23 Adopt a Resolution Authorizing the Mariposa County Agricultural Commissioner to Sign the Memorandum of Understanding with the Sierra-San Joaquin Noxious Weed Alliance (Fresno, Madera, Mariposa Counties Weed Management Area (Agricultural Commissioner); Res. 05-123 CA-24 Adopt a Resolution Authorizing the Chairman of the Board of Supervisors to Sign Contract 04-0837 with the California Department of Food and Agriculture (CDFA) for the United States Forest Service (USFS) 2005 Mariposa County Noxious Weed Proposal – Iberian Starthistle Eradication Project – Piney Creek Area and Authorize the Chairman of the Board of Supervisors to Sign Professional Service Agreements with John Hardaway and Custom Weed Control after Approval of County Counsel (Agricultural Commissioner); Res. 05-129, with a change in the Personal Services Agreement 4:58 p.m. Adjournment in memory of Herbert Otto “Hap” Pribbernow, George Roosevelt Cromell, Myrna Louise Countz, Mildred Parrish, Alice Mary Miller, Walter K. Bunt, and Paul W. Beard. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board