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MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA May 24, 2005 Time Description 9:06 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Introductions Chairman Pickard noted that there was an Addendum to the Agenda, adding Consent Agenda item 12 for the Used Oil Recycling Block Grant. Public Presentations: For Non-Timed Agenda Items including Attention, Information, and Consent Agenda, and for Items Not on the Agenda Angie Gustafson, IHSS (In-Home Supportive Services) worker, referred to a story in the Fresno Bee relative to nursing home care; and advised that if people are unable to obtain in-home care, they are sent to nursing homes. Viola Reader stated she was present to support the staff of IHSS and a better wage and benefits, and she advised of her dependence on their services. Barbara Fletcher spoke in support of the IHSS workers and a salary increase. She advised that she took care of her mother until she was no longer able to, and then her family sent her mother to a nursing home. Now, she has to rely on the IHSS workers to help her. Addie Doranzo, representative for SEIU, IHSS workers, gave a report on the recent agreement in Calaveras County to increase the salary and benefits for the IHSS workers. She noted that the workers here are still making minimum wage and she feels they need an increase. Chairman Pickard noted that this is not the appropriate place for discussing negotiations, that there is a negotiation process; however, the Board is willing to hear what they have to say. Jan Hamilton, Chair of the Fire Safe Council, thanked the Board for its support of Consent Agenda item 7, use of Title III funding from the Secure Rural Schools and Community Self- Determination Act of 2000. She gave an update on the progress that has been made with the chipping program, and advised of the work that has been done on a new educational handout. Jacque Meriam, Librarian, provided a status report on the business development grant, and she advised that an ADA workshop was held on Monday, and some of the people that attended were physically challenged. There will be two more workshops for business owners. Board Information Supervisor Fritz reported on her trip to Washington, D.C. for the Business and Professional Women’s Leadership Summit. On Saturday, she attended the Morningstar Lane Road Maintenance Association meeting. She announced that the Chamber of Commerce is holding its Business After Hours event at the River Rock Inn this evening. On Thursday, the Chamber will hold its quarterly luncheon in the new addition of the Happy Burger Diner, and a representative from Aflac will be the speaker. She also advised that she and Supervisor Turpin will receive Certificates for the New Supervisors Training at the CSAC Training Conference on Thursday. Supervisor Bibby advised that the Mariposa Lodge No. 39, held its 150th anniversary celebration on Saturday. She advised of statistics that she received from Marilyn Rudzik relative to attendance at the Storytelling Festival. She announced that the FFA Awards dinner is scheduled for this ---PAGE BREAK--- 5-24-05 2 Wednesday. On May 28th, the Memorial Day Parade and ceremony will be held; and that date is also scheduled for the dedication of the cornerstone for Mariposa Lodge No. 24 in the Arts Park. Supervisor Turpin advised that the Annual Coyote Howl was held in Coulterville over the weekend. On Sunday evening, he presented Leslie Scatchard with the resolution that the Board previously adopted recognizing her for her service to the community. He also advised that he plans to attend the New Supervisors Training at CSAC in Sacramento this Thursday. Supervisor Bibby provided an update on the status of repairs to Hornitos Road, and she complimented the road maintenance crews for their work. Supervisor Pickard reported on the Regional Council of Rural Counties (RCRC) meeting that he attended in Sacramento on Wednesday and Thursday, and he advised of funding issues that were discussed. Approval of Consent Agenda (See End of Minutes) BOARD ACTION: Supervisor Bibby referred to a memorandum that was received from the District Attorney’s Office that contained a correction to the date for item 9. She pulled item 7. (M)Bibby, (S)Stetson, the balance of the items was approved/Ayes: Unanimous. Supervisor Pickard introduced Paul De Santis, the new Planning Commissioner representing Supervisorial District V. Consent Agenda item 7 – Supervisor Bibby initiated discussion relative to the contract with Tom James and asked for clarification of the compensation by invoices. Mary Hodson, Deputy County Administrative Officer, suggested that language could be added to the contract to clarify that payment will be made in accordance with invoices. Supervisor Bibby asked about the work to be performed by CDF, and Mary advised that the work will be done through the County Fire Department. Supervisor Bibby noted that there are still unencumbered funds that could be used for search and rescue activities on Forest Service property. (M)Bibby, (S)Stetson, item 7 was approved/Ayes: Unanimous. Tom Guarino, County Counsel; Adopt a Resolution Authorizing the Chairman of the Board of Supervisors to Sign the Second Amendment to Agreement for Fiscal Independence of the Mariposa County Board of Trustees and Same Agreement for Fiscal Independence of the Mariposa County Office of Education BOARD ACTION: Discussion was held. Supervisor Bibby initiated discussion relative to the reimbursable and non-reimbursable expenses. Further discussion was continued for the following hearing to be opened. 10:01 a.m. Public hearing relative to the application submittal for a CDBG grant was opened and continued until after the following items. Further discussion was held relative to the amendment to the agreement with the School District. Supervisor Turpin asked whether the costs and services could be tracked on an annual basis. Tom Guarino advised that it would be up to the Auditor to review this; and that if services beyond the level currently being provided are requested, that the matter come back to the Board. (M)Fritz, (S)Stetson, Res. 05-222 was adopted approving the recommended action. Supervisor Bibby initiated further discussion relative to clarifying the existing level of services being provided and the associated costs; and asked if this information could be attached to the amendment to the agreement. Rich Inman, County Administrative Officer, asked about including the memorandum from the Auditor that contains costs and service information as a reference to the agreement. Tom Guarino advised that the memorandum is a part of the record. Ayes: Stetson, Turpin, Fritz, Pickard; Noes: Bibby. Cheryle Rutherford-Kelly, Human Services Director; Approve Budget Action Accepting Proposition 63 Revenue and Corresponding Appropriations ($78,905); Allocate and Fund a Permanent Part-Time Office Technician Position FTE) to the Proposition 63 Fund; Allow the Utilization of Members from the Recovering Community Who have Formed the Phoenix Writers Club; Approve Professional Services Contract with Jan Stutzman to ---PAGE BREAK--- 5-24-05 3 Assist with Grant Preparation in the Amount of $19,500; and Authorize the Human Services Director to sign the Contract (4/5ths Vote Required) BOARD ACTION: Discussion was held with Cheryle Rutherford-Kelly relative to the request. (M)Fritz, (S)Bibby, Res. 05-223 was adopted approving the recommended actions; with direction for the County Administrative Officer and County Counsel to review the agreement/Ayes: Unanimous. Tom Guarino, County Counsel, noted that the Professional Services Contract needs to be signed by the Chair. (M)Fritz, (S)Bibby, the previous action was amended to authorize the Chair to sign the Professional Services Contract versus the Human Services Director, pending review by County Counsel and the County Administrative Officer/Ayes: Unanimous. 10:24 a.m. Rich Inman, County Administrative Officer; PUBLIC HEARING Involving Community Participation Relative to Application Submittal in the Amount of $35,000 with Eight Percent Match ($2,800), for a Community Development Block Grant (CDBG), Planning and Technical Assistance Grant (Economic Development) for the Purpose of Retaining an Advisor to Develop an Economic Development Strategy for Mariposa County and Authorize the Chairman of the Board of Supervisors to Execute the Grant BOARD ACTION: Marilyn Lidyoff, Administration-Business Development Coordinator, presented the staff report, and she advised that the purpose of this hearing is to receive public comment and approval of the Board to submit a grant application in the amount of $35,000 to the State to retain an advisor to develop a Countywide Economic Development Strategy. The cash match is eight percent. She gave an overview of the funding source and distribution for the grant program to be in compliance with the State and Federal regulations for submitting this application. She reviewed the project and the seven tasks in the grant. Staff responded to questions from the Board relative to the statistics used for the median income; clarified the purpose of the hearing; as to whether there are any implementation requirements after the Plan is developed; relative to the recommendation to retain an outside advisor; and relative to meeting in each of the Supervisorial Districts. The public portion of the hearing was opened and input was provided by the following. Paul Chapman stated he feels that if the grant is awarded, someone from the County should be used to help develop the Plan that knows the County and how it works. Supervisor Bibby asked that staff verify the median income statistic that is used in the grant application, and that the Board be advised of the information. The public portion of the hearing was closed and the Board commenced with deliberations. Staff responded to a question from the Board relative to the request for proposal process and the matter coming back to the Board for the selection of a firm. (M)Fritz, (S)Stetson, Re. 05-224 was adopted approving the recommended action/Ayes: Unanimous. The hearing was closed. Supervisor Fritz provided input on the favorable comments received from the window decorating workshop and she complimented Marilyn Lidyoff for her work on this event. Discussion and Possible Further Action Regarding the Local Emergency Due to the Flooding that Occurred throughout the County (County Counsel) BOARD ACTION: Tom Guarino, County Counsel, suggestion that the Board continue the finding that there is a local emergency while we continue to process the claims for repair. Supervisor Stetson commented on the current potential for flooding with the warm weather. (M)Bibby, (S)Fritz, Res. 05- 225 was adopted continuing the local emergency due to the flooding that occurred throughout the County/Ayes: Unanimous. 10:47 a.m. Recess 11:06 a.m. HOUSING AUTHORITY (Chair-Stetson; Vice-Chair Bibby) Cheryle Rutherford-Kelly, Human Services Director; A) Public Presentations – none. ---PAGE BREAK--- 5-24-05 4 B) Select a Chair and Vice-Chair for the Housing Authority Board of Commissioners for Fiscal Year 2005-2006; Approve Updates to the Administrative Plan; Approve the 2005-2009 Five-Year Plan and Certification of Compliance; and Authorize the Signature of the Executive Director on All Required Program and Financial Forms COMMISSION ACTION: (M)Pickard, (S)Turpin, Commissioner Stetson was selected to continue to serve as Chair, and Commission Bibby was selected to continue to serve as Vice-Chair of the Housing Authority/Ayes: Unanimous. Cheryle Rutherford-Kelly reviewed the updates to the Administrative Plan. Discussion was held. Janet Gass/Human Services-Contract Administrator, reviewed the residency change. Commissioner Pickard asked whether housing vouchers are available to students, and Cheryle advised that she would need to review that matter. (M)Bibby, (S)Fritz, Hous. Auth. Res. 05-1 was adopted approving updates to the Administrative Plan, approving the 2005-2009 Five-Year Plan and Certification of Compliance; and authorizing the signature of the Executive Director on all required program and financial forms. Chair Stetson commented on the strategy to increase affordable housing units. Commissioner Pickard encouraged the Chair to work with private developers to encourage pursuing this strategy. Ayes: Unanimous. 11:29 a.m. The Board of Supervisors reconvened. 11:30 a.m. Recess 11:38 a.m. Cathi Boze, Agricultural Commissioner/Sealer; Presentation and Update on the Irrigated Lands Conditional Waiver by Staff of the Central Valley Regional Water Quality Control Board, the State Water Quality Control Board, and the East San Joaquin Water Quality Coalition BOARD ACTION: Cathi Boze introduced the following: Daniel Merkley, Agricultural Coordinator for the State Water Resources Control Board; Diana Messina, Senior Engineer for the Central Valley Region of the Regional Water Quality Control Board; and Perry Klassen, Board Chair for the East San Joaquin Water Quality Coalition. Perry Klassen gave an overview on the Coalition’s activities and the program. He advised that currently there are no plans to monitor in Mariposa County in the next year. Discussion was held relative to the impact that this program will have on the County, including the small operations. Diana Messina provided information on the program. 1:02 p.m. Recess 1:09 p.m. Daniel Merkley advised that Art Baggett, Chair of the State Water Quality Control Board, wanted to be present today; however, he had a scheduling conflict. He reviewed the fee proposals for the waivers. Discussion was held, and the Board thanked the presenters for the update. 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) BOARD ACTION: This closed session was not held. 1:33 p.m. CLOSED SESSION: Conference with Legal Counsel; Existing Litigation: California Government Code Section 54956.9(a); Bryce Johnson v. County of Mariposa, et al (County Counsel); CLOSED SESSION: Conference with Legal Counsel Relative to Anticipated Litigation/Significant Exposure to Litigation for Two Cases Pursuant to Subdivision of Government Code Section 54956.9 (County Counsel); and CLOSED SESSION: Conference with Legal Counsel Relative to Anticipated Litigation/Significant Exposure to Litigation for Two Cases Pursuant to Subdivision of Government Code Section 54956.9 (County Counsel) ---PAGE BREAK--- 5-24-05 5 BOARD ACTION: (M)Stetson, (S)Bibby, the closed sessions were held/Ayes: Unanimous. 2:19 p.m. Chairman Pickard announced that direction was given to staff as a result of the closed session matters. 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. 05-212 CA-2 Authorize the Public Works Director to Extend One Extra-Help Contract by 250 Hours for a Solid Waste & Recycling Division Gate Attendant Position in Order to Meet Staffing Requirements for the Landfill and Transfer Stations for this Fiscal Year; and Approve Budget Action Transferring Funds within the Solid Waste Budget to Cover Anticipated Expenditures through June 30, 2005 ($20,000) (Public Works Director); Res. 05-213 CA-3 Approve Budget Action Transferring Funds within the Wawona Service Area Budget from Contingency to Contracts to Allow for Payment of the Quarterly Invoice from Total Waste Systems for the Period of April through June, 2004 ($10,000) (4/5ths Vote Required) (Public Works Director); Res. 05-214 CA-4 Approve Budget Action Transferring Funds within the Wawona Service Area Budget to Cover the Cost of Renting a Loader and Dump Truck for the Annual Pine Needle Cleanup Project ($3,000) (Public Works Director); Res. 04-215 CA-5 Approve Budget Action Transferring Funds within the Yosemite West Maintenance District Budget to Cover Snow Removal Costs due to the Heavy Winter this Year ($7,000) (Public Works Director); Res. 05-216 CA-6 Accept Resignation of Jason Randal from the Airport Advisory Committee (Supervisors Turpin and Bibby) CA-7 Approve the Use of Title III Funding from the Secure Rural Schools and Community Self-Determination Act of 2000 (HR 2389) for: 1) Continued Funding of the South West Interface Project (SWIFT) for a Two Year Period ($28,800); 2) Continued Funding for Administrative Support for the Mariposa County Fire Safe Council for a One Year Period ($46,567); 3) A Fuel Reduction Program Utilizing the California Department of Forestry (CDF) and the California Department of Corrections (CDC) Fire Crew ($8,000); and Authorize the Chairman of the Board of Supervisors to Sign the Professional Services Agreement for the SWIFT Program and the Grant Agreement for the Mariposa County Fire Safe Council (County Administrative Officer); Res. 05-221, with change to the contract with Tom James CA-8 Approve a System Order Agreement – Purchase with Sierra Tel Business Systems to Provide Services for an Alarm System within the District Attorney’s Office and Authorize the Chairman of the Board of Supervisors to execute the Agreement (District Attorney); Res. 05-217 CA-9 Approve Changing the Allocation of the Full-Time Advocate Position to an Eighty-Percent Permanent Part-Time Position Funded by Thirty-Seven and One-Half Percent Victim/Witness and Sixty-Two and One-Half Percent Grant to Encourage Arrest Policies, Effective April 10, 2005; and Approve Budget Action Transferring Funds within the District Attorney Victim/Witness Budget to Adjust Line Items to ---PAGE BREAK--- 5-24-05 6 Balance and Expend Funds through June 30, 2005 ($3,714) (District Attorney); Res. 05-218 CA-10 Approve Budget Action Transferring Funds from Tax Collectors Trust Fund to Treasurer/Tax Collectors Budget to Allow the Tax Collector to Attend the Annual California Association of Treasurers and Tax Collectors Conference ($200) (4/5ths Vote Required) (Treasurer/Tax Collector/County Clerk); Res. 05-219 CA-11 Appoint Paul De Santis to the Mariposa County Planning Commission, Representing District V (Chairman Pickard) CA-12 Adopt a Resolution Approving and Authorizing the Environmental Services Joint Powers Authority (ESJPA) to Apply for a California Integrated Waste Management Board Regional Application for the Used Oil Recycling Block Grant, Fiscal Year 2005/2006 on Behalf of Mariposa County and to Implement All Terms of the Grant as Designated by the California Integrated Waste Management Board (Public Works Director); Res. 05-220 2:20 p.m. Adjournment in memory of Butch Harvey and William J. Dayton. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board