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MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA June 14, 2005 Time Description 9:10 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 Paul Chapman referred to the request for additional funding from the Rural Media Arts and Education Project, and he stated he feels the Tobacco Settlement Funds should be spent on health care and education; and he noted that this group has already received money. Marilyn Johnson, representing the Downtown Merchants Association and dressed in period costume, along with other representatives, gave a presentation on the beginning of the festivities for the 4th of July celebration. They presented the Board members and staff with a bookmark that was printed on the 1898 Chandler & Price printing press at the Mariposa Museum and History Center, and a patriotic bouquet of flags and roses. These items were donated by the Downtown Merchants Association, Mariposa Museum and History Center and the Republican and Democratic Central Committees to promote the 4th of July event. Dianne Fritz, Supervisor District IV; Update and Approval of the Fourth of July Celebration Venue BOARD ACTION: Supervisor Fritz provided a status report on plans for the 4th of July Celebration (an Old Fashioned 4th of July – Step Back in Time celebration), and she thanked the representatives of the Downtown Merchants Association for their presentation, and the citizens that have been working on this event. She advised that the planning committee will meet on Wednesday evening. Board Information Supervisor Bibby advised of her plans to attend the Joint Powers Authority meeting for the Community Action Agency at Lake Tulloch on Thursday. She attended the Greeley Hill First Five pre- school graduation. She wished all of the graduates a safe and prosperous, successful future. She noted that the graduation ceremony for the High School senior class is this Friday, and she will participate in the Sober Grad Night event, and she thanked those who contribute and assist with this event. Supervisor Turpin commented on his attendance at the Wagon Train events and of the historical aspect of the event. He advised that he also plans to attend the Community Action Agency meeting at Lake Tulloch. He also commented on the logging activity. Supervisor Pickard agreed with Supervisor Bibby on congratulating the graduates, including his son who is a graduating senior from Mariposa County High School, and he commended the teachers for their work. Approval of Consent Agenda (See End of Minutes) BOARD ACTION: Supervisor Bibby pulled items 2, 6 and 8. (M)Stetson, (S)Fritz, the balance of the items was approved/Ayes: Unanimous. ---PAGE BREAK--- 6-14-05 2 Consent Agenda item 2 – Supervisor Bibby initiated discussion relative to the agreement and asked whether any revenue is received by the County. Chairman Pickard asked Administration to arrange for Peggy Ronning/Mineral Exhibit Curator, to give an update to the Board on the Mineral Exhibit and visitation statistics. (M)Bibby, (S)Turpin, item 2 was approved/Ayes: Unanimous. Consent Agenda item 6 – Supervisor Bibby initiated discussion relative to the contract and noted that the contractor’s address needs to be included and that the Social Security number needs to be redacted. Tom Guarino, County Counsel, advised that a new first page of the contract has been received which includes the contractor’s address, and he advised that Social Security numbers will be redacted from contracts in the future for the public record. (M)Bibby, (S)Fritz, item 6 was approved/Ayes: Unanimous. Consent Agenda item 8 – Supervisor Bibby initiated discussion relative to Section 3.02 of the agreement, and she requested that similar language relative to the method of performing services be used as was used for a recent landfill agreement. Tom Guarino referred to the scope of services and stated he feels that covers the concern; however, he advised that he will further review this issue in the future. Supervisor Bibby asked whether the work would be done in the County office, and she advised of a typographical error in Article 6, and of the need to redact the Social Security number. Mary Hodson, Deputy County Administrative Officer, responded to a question from Supervisor Pickard relative to the hourly rate, and she advised that it is similar to the rate for an employee with benefits. Supervisor Turpin referred to the contract and asked about the work space. Tom Guarino advised that he will work on the revisions to the contract to bring the questioned sections into harmony with the services to be provided if the Board wants, and he advised that the Board could approve the agreement with the terms of $20 per hour up to a maximum of $6,000. Supervisor Bibby stated she would like to have a section added to address confidentiality. (M)Bibby, (S)Turpin, item 8 was approved, with direction as discussed/Ayes: Unanimous. Mary Hodson, Deputy County Administrative Officer, was present on behalf of Rich Inman, County Administrative Officer; Request by Rural Media Arts and Education Project for Additional Funding in the Amount of $10,000 to Service Program Grants Received in 2004 BOARD ACTION: Susan Robinson, Mariposa Elementary School Principal, thanked the Board for providing a venue for students to have an opportunity to do things in this County. She noted that they will use the new Amphitheater for their graduation ceremony this year. She noted that with their budget situation and the impacts on bus transportation and their aging fleet, and the reduction of the school day, the Rural Media Arts and Education Project will still be available to the students as they can have a walking field trip. She thanked the Board for its support and urged continued support of this Project. Tony Radanovich presented two letters of support; and he advised that Chevon Kothari of Mountain Crisis Services was unable to be present. However, Chevon is working closely with them on special programs; and he advised that they can partner with just about any organization in the County to provide programming. He advised of their program activities. Becker noted that she and her husband have been attending the Sixth Street presentations for the eight years that it has been in existence. She noted that there is no other opportunity to see these films and to be able to enjoy them and discuss them with other members of the community. She spoke in support of the children’s programs. She noted that these are films that are literature based and they have not been advertised on television and are not trying to sell us anything. She stated she would like to see this program continue and be allowed to flourish and grow. Laura Phillips provided input on public cinema programming, and she noted the impact a recent film had on Chevon and her efforts to try and change lives as a result of seeing the film. Tony Radanovich advised of the need for community support and to be able to obtain donations to continue. Discussion was held relative to the request, requirement for displaying anti-tobacco messages if the Tobacco Settlement funding is used; contributions by other entities to the programs; and relative to the Sunday Cinema program and separation of Church and State issues. Tom Guarino, County Counsel, provided input on the religious programming and limitations on County sponsorship. Supervisor Turpin asked about being able to take the programs to the schools. Tony and Laura advised that logistics and ---PAGE BREAK--- 6-14-05 3 staffing would make it difficult to take the programs to the schools on a regular basis, and that the sound and set-up is better at the Sixth Street Cinema. Tony suggested that he could look for funding that could assist the schools with busing the students to the Sixth Street Cinema. Supervisor Bibby asked for information on the statistics for each of the programs, attendance, etc. Discussion was held relative to the use of the Tobacco Settlement Funds and the timing with the upcoming budget process and the scheduling of the programs. (M)Bibby, (S)Stetson, to support the request for additional funding, expressly forbidding the use of the funding to be used for programs that contain religious content; directing that the Tobacco education information be available during the programs and that statistics be provided for the programs; was held pending further discussion. The motion was amended, agreeable with the maker and second, to include direction that the matter be brought back for the Board to consider the source of funding for this request. Further discussion was held. Ayes: Stetson, Bibby, Fritz; Noes: Turpin, Pickard. Chairman Pickard requested that staff bring this matter back for consideration of the funding source on June 21st. Discussion and Possible Action to Cancel the Board’s Regularly Scheduled Meeting on July 5, 2005 (Chairman Pickard) BOARD ACTION: Following discussion, (M)Stetson, (S)Turpin, Res. 05-255 was adopted canceling the meeting for July 5th/Ayes: Unanimous. 11:05 a.m. The Board recessed for the Local Agency Formation Commission to convene and continued its meeting until after the following items. 11:07 a.m. The Board reconvened. Discussion and Possible Action to Approve a Letter to the State Water Resources Control Board Relative to the Agricultural Waiver Program, Fee Program (Chairman Pickard) BOARD ACTION: Chairman Pickard initiated discussion relative to this matter, and he advised of the recommendation from the Regional Council of Rural Counties (RCRC). Supervisor Bibby urged the inclusion of a request for a low risk waiver for the small operations and things like 4-H and FFA animal projects. Other changes to the draft letter were discussed. (M)Turpin, (S)Fritz, Res. 05-256 was adopted approving the letter with changes as discussed. The vote was held for the following input. Kris Casto provided input on the impact this program has on small growers, and stated she does not feel that those who do not use pesticides or chemicals should be included in the program. She stated she agrees with the desire to have clean water. Chairman Pickard asked Supervisor Bibby to provide the wording that she would like to see used in the letter relative to a waiver for the small operations. Ayes: Unanimous. Discussion and Possible Further Action Regarding the Local Emergency Due to the Flooding that Occurred throughout the County (County Counsel) BOARD ACTION: Supervisor Bibby advised that they may have found additional damage and that Public Works is looking at a bridge. She also noted that they are still seeing problems, and that the State Highways are having problems. (M)Bibby, (S)Fritz, Res. 05-257 was adopted continuing the local emergency due to the flooding that occurred/Ayes: Unanimous. 11:28 a.m. Kris Schenk, Planning Director; PUBLIC HEARING for Appeal No. 2004-221; an Appeal of the Planning Commission’s Action Denying Appeal No. 2004-40, Upholding the Planning Director’s Notice of Violation and Modifying the Required Resolution and Required Timeframe for Resolution for Assessor Parcel Number (APN) 006-080-017, Located at 7281 Yosemite Parkway, Yosemite West; Ken LeBlanc, Property Owner and Appellant; Don Starchman, Agent. NOTE: Recommended Action is to Continue the Public Hearing to Tuesday, September 13, 2005, at 2:00 p.m. or as Soon Thereafter as Possible BOARD ACTION: Chairman Pickard continued the public hearing to September 13th at 2:00 p.m., at the request of the applicant. ---PAGE BREAK--- 6-14-05 4 CLOSED SESSION: Conference with County Labor Negotiator: Name of Employee Organization: SEIU Local 250 – In-Home Supportive Services (IHSS); Name of County Designated Representative: Jeff Green (County Administrative Officer) BOARD ACTION: This closed session was not held. 11:30 a.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; Existing Litigation: California Government Code Section 54956.9(a); Mike Bird v. County of Mariposa, et al (County Counsel); and CLOSED SESSION: Conference with Legal Counsel Relative to Liability Claims; Claimant Name: Total Waste Systems, Inc.; Claim Number: C05-5; Name of Agency Sued: County of Mariposa (County Counsel) BOARD ACTION: (M)Bibby, (S)Turpin, the closed sessions were held following the LAFCo meeting/Ayes: Unanimous. 11:31 a.m. LOCAL AGENCY FORMATION COMMISSION (LAFCo) Meeting (Planning Director) (See Separate Minutes) 12:17 p.m. The Board convened in closed session. 12:35 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. 05-247 CA-2 Approve Rental Agreement between County of Mariposa and the 35-A District Agricultural Association for the Mining and Museum from July 1, 2005 through June 30, 2007 and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (County Administrative Officer); Res. 05-252, with direction for Administration to schedule an update on the Mineral Exhibit CA-3 Adopt a Resolution Recognizing the Mariposa County Child Abuse Prevention Coordinating Council’s Name Change to Mariposa Safe Families, Incorporated (Chairman Pickard); Res. 05-248 CA-4 Adopt a Resolution Authorizing County Counsel to Retain Best, Best & Krieger, LLP and Authorize the Chairman of the Board of Supervisors to Sign a Legal Services Agreement to Represent the County of Mariposa (County Counsel); Res. 05-249 CA-5 Adopt a Resolution Authorizing the Chairman of the Board of Supervisors to Sign a Renewal Lease Agreement with Kenneth and Lamerna Mari for Office Space Occupied by the Grand Jury (County Counsel); Res. 05-250 CA-6 Approve the Renewal of a Contract for Services between Clara Mossman and the Department of Child Support Services for Janitorial Services and Authorizing the Chairman of the Board of Supervisors to Sign the Agreement (Child Support Services Director); Res. 05-253 with changes to the contract as discussed ---PAGE BREAK--- 6-14-05 5 CA-7 Approve the Plan of Cooperation Extension between Mariposa County Department of Child Support Services and the California State Department of Child Support Services and Authorize the Director to Sign the Agreement (Child Support Services Director); Res. 05-251 CA-8 Authorize the Human Services Department to Enter into a Personal Service Agreement with Rene LaRoche for Case File Improvement and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Human Services Director); Res. 05-254, with changes to the contract as discussed 12:36 p.m. Adjournment in memory of Norma G. McAtee, Tamara Williams, and Louise E. Coleston. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board