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Time Description 9:10 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Introductions Lee Stetson, Chairman; A) Resolution Recognizing July 16 through 22, 2006 as “Probation, Parole & Community Supervision Officers’ Week” BOARD ACTION: (M)Pickard, (S)Bibby, Res. 06-339 was adopted approving the Proclamation and it was presented to Gail Neal, Chief Probation Officer/Ayes: Unanimous. B) Resolution Proclaiming July 17 through 23, 2006 as “California Invasive Weed Awareness Week” BOARD ACTION: (M)Pickard, (S)Turpin, Res. 06-340 was adopted approving the Proclamation and it was presented to Cathi Boze, Agricultural Commissioner/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: Tom Guarino, County Counsel, requested that the Board add an item to the agenda to consider an emergency resolution temporarily modifying the operational time limits for Condition Use Permit No. 206 for Outback Materials, as this information was brought to attention after the agenda was prepared and it is a matter of urgency. Concrete foundations are necessary on both sides of the Merced River for the construction of the temporary bridges due to the Ferguson Rock Slide on Highway 140. (M)Pickard, (S)Turpin, the Board waived the rules requiring 72 hours agenda noticing finding that this matter was not known about at the time the agenda was prepared, and it is a matter of timeliness due to the construction timeframes and the emergency situation with the Rock Slide/Ayes: Unanimous. Discussion was held relative to the request. Supervisor Turpin noted the Outback concrete mixer trucks are driving through Coulterville to reach the concrete pour for the upper bridge; and because of the length of the drive time, they have to stop and add the water about an hour before they reach the site. (M)Pickard, (S)Turpin, Res. 06-325 was adopted temporarily modifying the operational time limits for Conditional Use Permit No. 206 for Outback Materials for the construction of temporary bridges to bypass the Ferguson Rock Slide area. Input from the public was provided by the following: Ruth Catalan asked for information on the Resolution that was being adopted, and she was provided with a copy. Copies were also available for the public. Tom Guarino reviewed the action, and clarified that this modification is just for this project for the temporary bridges. Ayes: Unanimous. Tom Guarino recommended that the Board continue the local emergency due the status of the landslides. (M)Turpin, (S)Pickard, Res. 06-326 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. MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA July 18, 2006 ---PAGE BREAK--- 2 7-18-06 Public Presentation: For Non-Timed Agenda Items including Attention, Information, and Consent Agenda, and for Items Not on the Agenda Rick Peresan, Technical Services Director, advised of the status of the email conversion project for the County – they plan to complete the process by the end of this week. He noted that they did not anticipate the problems that they have encountered in this process. Dick Hutchinson advised that he is receiving the email communications relative to the status of the Ferguson Rock Slide again. He suggested that more information be provided to the public on the overall plan for re-opening Highway 140. Chairman Stetson advised that the plan is to have one-way controlled access (over six plus miles) in and out, two times a day by the end of July with the construction of the first bridge. The plan is to have the second bridge constructed by Labor Day and that will reduce the length of the controlled access to just being able to get around the slide area. The road will be open to any member of the public. Dick asked that more information be made available to the public. He also stated he heard that the construction company for the project offered to remove the rocks from the slide to take them to a quarry outside of the County; however, he thought that there were restrictions on being able to transport the rock out of County. If this is true, he suggested that a waiver be considered. Chairman Stetson advised that he was not aware of this situation, nor was he aware that any plan had been developed for being able to remove the rocks. Approval of Consent Agenda (See End of Minutes) BOARD ACTION: (M)Fritz, (S)Pickard, all items were approved/Ayes: Unanimous. Board Information Supervisor Fritz advised that she presented the Resolution that the Board adopted on July 11th to Pastor Theiss at his farewell party at the Lutheran Church on Sunday. She advised that everyone is invited to a picnic on Wednesday at 6:00 p.m. at the Fairgrounds – ticket cost is $15 per person. She noted that there is an old time Celtic and jam session scheduled at the Hotel Jeffery in Coulterville on Sunday. Supervisor Bibby advised that she attended the Mother Lode Job Training meeting in Sonora on Wednesday, and she commented on their activities. She advised that it was determined at the Mental Health Board meeting on last Tuesday that they would not be able to have a booth at the Fair due to several members resigning from the Board. She encouraged interested members of the public to participate on this Board. Supervisor Turpin advised that he attended the business coordinating meeting in Greeley Hill on Monday. He commented on the extreme heat and the need for the additional clearance around homes due to the fire danger. He also noted that Lake McClure is full and that he passed logging trucks again this morning. Odella Knell, Street Fair Facilitator; Presentation Regarding “Find Gold in Mariposa” Street Fair and Request for Additional Funding for Advertising BOARD ACTION: Odella Knell presented the request for additional funding for advertising for three weeks. She noted that the original request for funding was supposed to cover four weeks of advertising. However, due to circumstances beyond her control, the funding was used for the first week’s advertising. She provided a status report on the increase in vendors. She also noted that they have increased the space fee from $5 to $15 for the vendors and that this funding will allow for continued advertising after this three week period. Discussion was held. (M)Fritz, Res. 06-335 was adopted approving the request for an additional $850.00 for the Street Fair as one-time funding for advertising. Supervisor Bibby requested that this come from within the Tourism budget, either the promotional or the travel line item and that the overall budget not be increased to reflect this expenditure. Mike Coffield, Interim County Administrative Officer, provided input and noted that he intends to have a discussion relative to the tourism function with the Board later this date. Discussion was held relative to the YARTS bus stop and consideration of installing “no parking” signs; and Odella advised that they have been using barricades to prevent parking in the bus stop zone. Input from the public was provided by the following: ---PAGE BREAK--- 3 7-18-06 Ken Gosting commended the group for their concern about the YARTS bus stop, and he agreed that “no parking” signs should be considered. He referred to the reference that there would be a discussion later today on tourism and he stated he could not find anything on the agenda for this. Mike Coffield advised that the discussion will be a part of the performance evaluation of the Interim County Administrative Officer to be held in closed session later this date. Ken stated he feels that the discussion should be held in open session as it is a matter of public interest. Paul Chapman stated he does not feel that the taxpayers should pay for this request. Supervisor Bibby asked that the motion be amended to reflect that the expenses come from within the Tourism budget as a one-time expense. The motion was amended by the maker, and it was clarified that the request is to cover three weeks of advertising. The motion was seconded by Supervisor Bibby. Mike Coffield clarified that the expenses would be paid from the Tourism budget. At Supervisor Bibby’s request, the motion was amended, agreeable with the maker, for the expenses to be paid from the promotional line item. Supervisor Turpin asked about tracking results of the Street Fair. Supervisor Fritz noted that she has been helping at the Chamber of Commerce’s information booth and they could have a sign-in sheet. Odella advised that they have begun a promotional drawing and they could ask for information on the tickets to be able to identify where the visitors are coming from. Discussion was continued for the following hearing to be opened. 10:03 a.m. The public hearing to adopt a resolution of abandonment of Green Hills Road was opened and continued until after the following items. Further discussion was held relative to the request for additional funding for the Street Fair. Ruth Catalan asked for clarification of the type of booth that Supervisor Fritz is involved with for this event, and she asked if she considers that a conflict of interest. Supervisor Fritz advised that the Chamber booth is to provide information and they sell bottles of water. Ruth further noted that out-of-town vendors are profiting from this event, and she feels the previous approval of funding for one-time should remain as one-time approval. Supervisor Fritz asked County Counsel for an opinion on the conflict of issue that was raised. Tom Guarino, County Counsel, stated it is his understanding that the booth does not provide any revenue for the Supervisor, so he does not feel that there would be a conflict with this action. Ayes: Unanimous. Dana Hertfelder, Public Works Director; A) Resolution Approving Additional Funds from Proposition 40 for the Mariposa Creek Parking Lot ($175,000) BOARD ACTION: Discussion was held with Dana Hertfelder and Carl Casey/Public Works Administrator, relative to the request and the status of the Proposition 40 funds and projects. (M)Bibby, (S)Fritz, Res. 06-336 was adopted approving the additional funds as requested/Ayes: Unanimous. B) Approve a Professional Services Agreement with Fred Solomon for Project Management for the Don Pedro Wastewater Facility Construction and Authorize the Chairman of the Board of Supervisors to Sign the Agreement BOARD ACTION: Discussion was held with Dana Hertfelder. He advised of input he received from another firm that would charge more and not provide the same level of service. Supervisor Bibby clarified that the costs would be included in the assessment. (M)Turpin, (S)Pickard, Res. 06-337 was adopted approving the agreement as requested/Ayes: Unanimous. Supervisor Pickard commended Anderson Construction for their work on recent projects in the County, including the compost facility. Dana Hertfelder, Public Works Director; PUBLIC HEARING - Adopt a Resolution of Abandonment of Green Hills Road as Shown in Parcel Map Book 28, Page 16 Mariposa County Records BOARD ACTION: Dana Hertfelder presented the staff report, and he advised that the old alignment does not work with the new parcel map. The road is private and was never constructed. He also noted that the action needs to include that this is in accordance with Section 8320 of the California Street and Highway Code; the road was not constructed within the five year period; and the effective date is the ---PAGE BREAK--- 4 7-18-06 date of the recordation of the new parcel map for this land division. He responded to questions from the Board relative to the original requirement, and he advised that the access was for a three-parcel split. He responded to questions from the Board and advised that there are no fire safety issues and no one is landlocked by this action. Input from the public was provided by the following: Douglas Bredahl, Surveyor for the project, stated his client would be happy with approval of this action. The public portion of the hearing was closed and the Board commenced with deliberations. (M)Fritz, (S)Bibby, Res. 06-338 was adopted approving the abandonment of Green Hills Road as recommended; and finding that this is accordance with Section 8320 of the California Street and Highway Code; the road was not constructed within the five year period; and the effective date is the date of the recordation of the new parcel map for this land division/Ayes: Unanimous. The hearing was closed. 10:42 a.m. LOCAL TRANSPORTATION COMMISSION Chair – Lyle Turpin, Vice-Chair – Dianne Fritz Public Presentation – none Adopt a Resolution Allocating $37,257 in State Transit Assistance (STA) Funds for Fiscal Year 2005-2006 (Public Works Director) COMMISSION ACTION: Discussion was held with Dana Hertfelder, Public Works Director. (M)Pickard, (S)Fritz, LTC Res. 06-1 was adopted allocating the funds as requested/Ayes: Unanimous. 10:44 a.m. The Board of Supervisors reconvened. Approval of Minutes of June 13, 2006, Regular Meeting (Clerk of the Board) BOARD ACTION: At the Clerk of the Board’s request, the minutes were pulled to be rescheduled. Approval of Minutes of June 20, 2006, Regular Meeting (Clerk of the Board); and Approval of Minutes of June 27, 2006, Regular Meeting (Clerk of the Board) BOARD ACTION: (M)Bibby, (S)Pickard, the minutes were approved/Ayes: Unanimous. 10:46 a.m. Recess 10:58 a.m. Mike Coffield, Interim County Administration Officer; Presentation by Wes Lujan, Advocation, Relative to Legislative Lobbying Services BOARD ACTION: Supervisor Pickard introduced Wes Lujan, partner with Advocation. Wes provided a status report on legislation, and advised that SB 1960 (Leslie) which allocates gasoline tax to the three counties without cities, was introduced. He reviewed bond issues. Supervisor Turpin commented on the transportation bond. Discussion was held relative to the importance of this funding for the County, especially with the landslide. Supervisor Stetson asked that Advocation prepare a position paper on this that the County could use. Wes advised that it would also be helpful to educate the legislators. Wes reviewed State budget issues, including the COPS funding and the deletion of fees for water rights. He advised that he plans to be back in the fall with Chuck Cole, partner with Advocation. 11:23 a.m. CLOSED SESSION: Public Employee Performance Evaluation; Position of Employee under Review: Interim County Administrative Officer (Interim County Administrative Officer) BOARD ACTION: (M)Pickard, (S)Bibby, the closed session was held following a short recess/Ayes: Unanimous. 1:10 p.m. Recess 1:24 p.m. Chairman Stetson advised that no direction was given as a result of the closed session. ---PAGE BREAK--- 5 7-18-06 CONSENT AGENDA: CA-1 Adopt a Resolution Amending the Contribution, Under the Public Employees’ Medical and Hospital Care Act, for the Retirees of the Sheriffs’ Management Association (SMA), Deputy Sheriffs’ Association (DSA), Mariposa County Management/Confidential Organization (MCMCO), as well as Retired Appointed and Elected Officials and Court Employees (Interim Personnel/Interim County Administrative Officer); Res. 06-327 CA-2 Adopt a Resolution Authorizing the County Fire Chief to Apply for the Fiscal Year Emergency Management Performance Grant from State Office of Emergency Services (OES) and Authorize the Chairman of the Board of Supervisors to Sign Grant Application (Fire Chief); Res. 06-328 CA-3 Approve an Agreement with Wire One Technologies to Provide Installation of Equipment and Services to Reconnect the Department’s Video Conferencing Equipment and Authorize the Chairman of the Board to Sign the Agreement (Child Support Services Director); Res. 06-329 CA-4 Approve an Amendment of a Professional Service Agreement with Roger Stephens Engineering for Map Checking, Legal Description Checking, and General Surveying Document Checking and Authorize the Chairman of the Board of Supervisors to Sign the Amendment (Public Works Director); Res. 06-330 CA-5 Approve an Amendment of a Professional Service Agreement with Provost and Pritchard Engineering Group to Produce a Feasibility Study and Concept Plans for Public Water and Wastewater Services for the Mariposa Town Planning Area and Authorize the Chairman of the Board of Supervisors to Sign the Amendment (Public Works Director); Res. 06-331 CA-6 Approve an Amendment of a Professional Service Agreement with Lee’s Paving for Repairs on Bear Valley Road and Authorize the Chairman of the Board of Supervisors to Sign the Amendment (Public Works Director); Res. 06-332 CA-7 Accept the Resignation of Anita Hopman from the Drug and Alcohol Advisory Board and Direct Staff to Advertise in Accordance to the Maddy Act (Human Services Director) CA-8 Accept the Resignation of Ronald Campbell from the Mental Health Board and Direct Staff to Advertise in Accordance to the Maddy Act (Human Services Director) CA-9 Accept the Resignation of Jack Smith from the Mental Health Board and Direct Staff to Advertise in Accordance to the Maddy Act (Human Services Director) CA-10 Accept the Resignation of Pastor Paul Theiss from the Mental Health Board and Direct Staff to Advertise in Accordance to the Maddy Act (Human Services Director) CA-11 Adopt a Resolution Approving Budget Action Transferring Funds within the Technical Services Budget to Cover Shortfall in the Fiscal Year 2005-2006 Communications Line ($277) (Technical Services Director); Res. 06-333 ---PAGE BREAK--- 6 7-18-06 CA-12 Approve an Agreement with Remi Vista, Inc for the Placement of Children in a Licensed Group Home for the Period of June 20, 2006 through June 20, 2008 (Chief Probation Officer); Res. 06-334 1:25 p.m. Adjournment Respectfully submitted, MARGIE WILLIAMS Clerk of the Board