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MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA January 11, 2005 Time Description 9:05 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Introductions Public Presentations: For Non-Timed Agenda Items including Attention, Information, and Consent Agenda, and for Items Not on the Agenda Blaine Shultz, Fire Chief, provided a status report on the flood operations for individual areas throughout the County where the recent rains caused difficulty. He thanked staff, Department of Corrections (CDC) crews for assisting with filling sand bags, the volunteers, Sheriff’s Department and Search and Rescue, and the Road Department for their efforts during the recent storms. He also advised that a crew was available from the State. Dr. Mosher, Health Officer, advised of other storm related problems. A sewage drainage pipe from Yosemite National Park was broken and caused a minor spill. The rain eroded away a fair amount of cover at the landfill and washed garbage into the Aqua Fria drainage. He advised that they are working on clean-up and monitoring, and will work with all of the involved agencies. Dana Hertfelder, Public Works Director, provided a status report on the clean-up efforts with Total Waste Systems at the landfill as a result of the storm damage. He advised that they are trying to get access from the affected private property owners to continue with the clean-up efforts. Jim Allen, Sheriff, added to the Fire Chief’s report, and he advised that his office and the volunteers were very busy and worked with the other departments on the storm damages. He commended the Road Department staff for their assistance. Paul Chapman stated he feels the employees should be paid for the good job they do. He also referenced the invoices for the shop tools and computers that the Board approved on January 4th, and he requested that the Board appoint a group of citizens to look into the County’s purchasing. He presented sales ads for the equipment that was approved for purchase and suggested that the prices be compared. Chairman Pickard advised of a request for an off-agenda item to discuss problems that occurred as a result of the recent storms, to add a closed session to the agenda for conference with Legal Counsel relative to anticipated litigation/significant exposure to litigation for a case. (M)Stetson, (S)Turpin, the Board waived rules requiring 72 hours agenda noticing and added the closed session to the agenda, as requested, finding the matter was not known about at the time the agenda was prepared and it is a matter of urgency/Ayes: Unanimous. Chairman Pickard advised that the item would be taken up later in the meeting with the other closed session matters. Board Information Supervisor Fritz thanked the Board members and staff who attended the Chamber of Commerce dinner on Saturday. Supervisor Stetson advised that the El Portal Planning Advisory Committee is scheduled to meet this evening. Supervisor Bibby thanked the Chamber of Commerce for honoring the business people of the community. ---PAGE BREAK--- 1-11-05 2 Supervisor Turpin thanked the Fire Chief and the other agencies for their assistance during the recent storms. Supervisor Bibby expressed thoughts and prayers for the officers’ families that were affected with the recent shooting incident in Ceres. Supervisor Turpin noted that the power was off in Lake Don Pedro for 31 hours and the sewer plant was okay. He commended the Road Department for their maintenance efforts during the storms. Supervisor Pickard commented on the downed trees and power outages in the Wawona area, and he thanked the crews that provided assistance. Approval of Consent Agenda (See End of Minutes) BOARD ACTION: Supervisor Bibby pulled item 5. Supervisor Turpin pulled item 2. (M)Stetson, (S)Fritz, the balance of the items was approved. The Clerk of the Board read the title of Ordinance number 1016 (Consent Agenda item 1) into the record. Ayes: Unanimous. Consent Agenda item 5 – Supervisor Bibby advised of a language change in the contract that she discussed with the Human Services Director to reflect that the contractor will provide the County with prior notification of discharge of a consumer as soon as possible. (M)Bibby, (S)Stetson, item 5 was approved, with the change as requested by Supervisor Bibby/Ayes: Unanimous. Consent Agenda item 2 – Supervisor Turpin initiated discussion relative to the timeliness of the contracts being submitted for approval – he noted that this is for a term than began in July 2004, and the State only recently submitted the contract. (M)Turpin, (S)Fritz, item 2 was approved/Ayes: Unanimous. 9:34 a.m. AIR POLLUTION CONTROL DISTRICT Approve Professional Services Agreement with Ray Kapahi, dba Air Permitting Specialist, for Provision of Air Pollution Engineering Consultation and Plan Review and Authorize the Chair to Sign the Agreement (Health Officer) BOARD ACTION: Following discussion, (M)Bibby, (S)Stetson, APCD Res. 05-1 was adopted/Ayes: Unanimous. 9:37 a.m. The Board of Supervisors reconvened. Discussion and Direction to Staff Relative to the Sale of Real Property (County Counsel) BOARD ACTION: Discussion was held with Tom Guarino, County Counsel, relative to the request received from the Ellisons to purchase the subject property. Supervisor Bibby asked for information on the location of the property; for clarification of the title holder to the property, whether it is the County or the Water Agency; and whether there are any conditions of the Clean Water Grant relative to the sale or refund of the proceeds for the property. Dana Hertfelder, Public Works Director, advised that the property was purchased for a sewer line and lift station for the proposed wastewater treatment facility for Mount Bullion. He advised that the department would like to maintain an easement for possible future use. Tom Guarino advised that they are still trying to locate records; and they could review the issues being raised if the Board determines to proceed with the sale of the property. Larry Ellison referred to the history with the parcel and the impacts on his parcel; and he advised of the location of the parcel. He noted that there are serious drainage issues with the parcel, and it has resulted in flooding of his garage. He referred to the two appraisals and how they were done. He stated that he feels that if the sewer system is installed in the future, it would need to be reengineered and this parcel would not be suitable for the lift station. He advised that the additional twenty-feet that this parcel provides would allow him to construct a storage shed for his motor home. Further discussion was held relative to the request, the easement to be retained by the County, and the purchase price and process. Supervisor Bibby asked for information on how many parcels were purchased during the Clean Water Grant process, and how many other requests may be made. Larry Ellison stated he would rather not have the easement. He stated he feels that this is the only parcel that the County owns in fee for the proposed Clean Water Grant project, everything else is an easement. Supervisor Bibby stated she would like to have the appraisals reviewed based on the information that was presented, and that staff should inspect the drainage issues. ---PAGE BREAK--- 1-11-05 3 Larry Ellison referred to his discussions with County Counsel on this matter; and he advised that in general terms, he and his wife are willing to pay for the purchase price based on their appraisal and $1,000 in County fees. He clarified his offer with respect to the easement; and he advised that he has a letter from the Public Works Department stating the easement is of no value to the County. Further discussion was held. (M)Bibby, (S)Stetson, direction was given for staff to research the issues and perform an assessment of future need of the property, and to reach out to the contracting agency that originally awarded the money to determine whether the sale of the property requires a formal bid process and where the funds would go, and to bring back the information. Further discussion was held. Supervisor Pickard stated he would like to see direction given to staff to work out the details of the final sale and move forward with the process and discuss the easement as a separate matter. Ayes: Stetson, Turpin, Bibby, Fritz; Noes: Pickard. 10:31 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: Rich Inman, County Administrative Officer; Jeff Green, Negotiator (County Administrative Officer); CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: SEIU Local 535, Service Employees International Union; Name of County Designated Representative: Rich Inman (County Administrative Officer); and CLOSED SESSION: Conference with Legal Counsel Relative to Anticipated Litigation/Initiation of Litigation for a Case Pursuant to Subdivision of Government Code Section 54956.9 (County Counsel) as added as an addendum to the agenda by action taken earlier this date BOARD ACTION: (M)Turpin, (S)Fritz, the closed sessions were held with the following present for portions of the sessions: Jeff Green/designated representative for negotiations with SEIU Local 250; Administration – Administrative Analyst; Public Works Director and the Health Officer/Ayes: Unanimous. 1:04 p.m. Chairman Pickard advised that direction was given to staff as a result of the closed session matters. CONSENT AGENDA: CA-1 Waive Second Reading and Adopt an Ordinance Amending Section 12.32 Skateboard Regulations of the County Code (Public Works Director); Ord. 1016 CA-2 Authorize the Human Services Department to Continue its Annual Contract with the State Department of Mental Health to Provide Community Mental Health Services to Mariposa County and Authorize the Chair of the Board of Supervisors to sign the Contract and Certification Form (Human Services Director); Res. 05- 12 CA-3 Approve Behavioral Health Contract for Residential Inpatient Services with Heritage Oaks Hospital and Authorize the Board the Chair of the Board of Supervisors to Sign the Contract (Human Services Director); Res. 05-9 CA-4 Approve Behavioral Health Contract for Residential Board & Care Services with Haskins Residential Care and Authorize the Chair of the Board of Supervisors to Sign the Contract (Human Services Director); Res. 05-10 CA-5 Approve Behavioral Health Contract for Residential Inpatient Services with Sierra Vista Hospital and Authorize the Chair of the Board of Supervisors to Sign the Contract (Human Services Director); Res. 05-11, with a text change to the contract ---PAGE BREAK--- 1-11-05 4 1:05 p.m. Adjournment in memory of Laura “Garnett” Henderson, Harriet Luellen Gordon- Bevington, and Harold Sequoia “Blue” Bruchman. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board