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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, Board of Supervisors, Chairman; Welcome Reception for New County Administrative Officer – Richard J. “Rick” Benson BOARD ACTION: – Chairman Stetson introduced Rick Benson, the new County Administrative Officer. 9:12 a.m. Recess for reception 9:44 a.m. Lee Stetson, Board of Supervisors, Chairman; Proclaim the Month of November, 2006 as “National American Indian Heritage Month” BOARD ACTION: (M)Bibby, (S)Fritz, the proclamation was approved and Connie Waldron accepted it on behalf of the Merced River Chapter of the Daughters of the American Revolution and the Equal Opportunity Committee of Yosemite National Park/Ayes: Unanimous. Public Presentation: For Non-Timed Agenda Items including Attention, Information, and Consent Agenda, and for Items Not on the Agenda Paul Chapman referred to the following Consent Agenda items: item 1 – detour of traffic for the Merry Mountain Christmas Parade/he feels this will not bring tourists to town; item 2 – agreement with the Arts Council/he does not feel that these funds should be expended; item 3 – agreement with Michael Habermann to represent the County at the International Tourism Exchange/he feels this is a high cost at taxpayer expense; items 8 – change order with Richard Townsend Construction, item 10 – amendment to agreement with RRM Design, and item 12 – amendment to agreement with Roger Stephens Engineering/he feels the regional recreation complex project is dead and the funds should not be expended; item 11 – agreement with Cascade Software Systems/he feels there are less expensive programs; and item 22 – agreement with the United States Department of Agriculture for rental of office space for helicopter operation at the Airport/he does not feel that the County can afford this. Eleanor Keuning noted that Leonard Road was graded and she thanked the Board. She welcomed the new County Administrative Officer. She noted that she didn’t attend the Sierra Business Council event due to the high cost. She commented on a proposal for a drive-up pharmacy and expressed concern with pollution impacts caused by idling vehicles. Board Information Supervisor Bibby attended the First 5 meeting on Monday, and she noted that their meetings are open to the public. She thanked the community for support of the Halloween trick or treat events. In recognition of Veteran’s Day, she thanked the veterans and their families for their service. She advised that she plans to attend the Economic Development presentation in Catheys Valley this evening. Supervisor Fritz advised that the District IV meeting was cancelled so that she could attend the Economic Development presentation, and she urged the public to attend. She advised of a letter received from Gene Mickel relative to the October Fly-in event at the Airport and the number of people MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA November 14, 2006 ---PAGE BREAK--- 2 11-14-06 that came from out of the area to attend this event and the Rotary Wine and Art Festival. She attended the Amtrak planning session meeting and the San Joaquin Valley Rail Committee meeting on Thursday in Hanford and is still working on getting the County a seat on the committee. She advised of the upcoming Soroptimist rummage sale and craft fairs. She advised that she will miss the Board meeting scheduled for November 28th to attend the CSAC (California State Association of Counties) conference. Supervisor Pickard advised that he attended the San Joaquin Valley Regional Association of California Counties conference that was hosted by Mariposa County. He attended the Pacific Rim Conference that was hosted by the Yosemite Sequoia Resource and Conservation Development Council. Supervisor Turpin advised that he attended the San Joaquin Valley Regional Association of California Counties conference in Yosemite. He noted that they had a ground breaking event for the new wastewater treatment facility in Don Pedro. He attended the Red Cloud Friends of the Library meeting and the meeting with the Don Pedro Equestrian Trails committee. He plans to attend the Economic Development meeting this Thursday in Coulterville. Supervisor Fritz provided information on the Festival of Lights event being planned by the downtown merchants for the holidays. Supervisor Stetson advised that he attended the Sierra Business Council meeting and the San Joaquin Valley Regional Association of California Counties conference. He thanked Supervisor Fritz and Leroy Radanovich, Interim Tourism Coordinator, for attending the Amtrak and San Joaquin Valley Rail meetings. He advised that he plans to attend the El Portal Advisory Committee meeting this evening, and the Economic Development presentation on Wednesday at the Government Center. 10:06 a.m. Jacque Meriam, Librarian; PUBLIC HEARING - Approve the Increase in cost for InterLibrary Loans (ILL) BOARD ACTION: Jacque Meriam presented the staff report for the request, and she responded to a question from the Board relative to insurance coverage for shipping. The public portion of the hearing was opened and there was not public input. The public portion of the hearing was closed and the Board commenced with deliberations. (M)Bibby, (S)Fritz, Res. 06-504 was adopted approving the requested increase in cost for the InterLibrary Loans/Ayes: Unanimous. The hearing was closed. Dana Hertfelder, Public Works Director; PUBLIC HEARING – Proposal to Amend the Common Boundary Line Between Mariposa County and Tuolumne County Situated in Portions of Sections 11, 12, 13 and 14, Township 3 South, Range 14 East, Mount Diablo Base & Meridian, Mariposa County, State of California BOARD ACTION: Dana Hertfelder provided the staff report, and he advised that no written protests have been filed. He responded to questions from the Board relative to the process, notification process, and recommended action; and he advised that the recommended action is for the adoption of a resolution directing that the Ordinance be brought back. The public portion of the hearing was opened and there was no input. The public portion of the hearing was closed and the Board commenced with deliberations. (M)Turpin, (S)Pickard, Res. 06-505 was adopted directing Public Works to bring back an Ordinance to amend the boundary line between Mariposa County and Tuolumne County as recommended/Ayes: Stetson, Turpin, Fritz, Pickard; Noes: Bibby. The hearing was closed. Approval of Consent Agenda (See End of Minutes) BOARD ACTION: Supervisor Pickard pulled items 10 and 12. Supervisor Bibby pulled items 13, 21, and 23. Supervisor Turpin pulled item 13. Supervisor Stetson referred to item 24 and noted that this is the 4th amendment to the contract with Mike Coffield. (M)Pickard, (S)Bibby, the balance of the items was approved/Ayes: Unanimous. Consent Agenda item 10 – amendment to agreement with RRM Design for Master Plan Services for the Regional Recreation Complex. Discussion was held with Dana Hertfelder, Public Works Director, and he advised that this amendment is to extend the timelines for the project and does not entail any additional funding. He advised that the draft plan has been completed and is being reviewed by staff and they will return to the Board with the final Master Plan. (M)Pickard, (S)Fritz, item 10 was approved/Ayes: Unanimous. ---PAGE BREAK--- 3 11-14-06 Consent Agenda item 12 – amendment to agreement with Roger Stephens Engineering for the Regional Recreation Complex. Discussion was held with Dana Hertfelder, Public Works Director, relative to the request. (M)Pickard, (S)Turpin, item 12 was approved/Ayes: Unanimous. Consent Agenda item 13 – agreement with Schaaf & Wheeler to develop a drainage study for Coulterville. Discussion was held with Dana Hertfelder, Public Works Director, and Marilyn Lidyoff, Administration-Business Development Coordinator, relative to the status of the drainage study project for the town of Mariposa; and relative to this request. (M)Turpin, (S)Pickard, item 13 was approved/Ayes: Unanimous. Consent Agenda item 23 – amendment to contract with Abbott & Kindermann for legal services related to the SilverTip project and budget action. Discussion was held with Kris Schenk, Planning Director. (M)Pickard, (S)Bibby, item 23 was approved/Ayes: Unanimous. Consent Agenda item 21 – rejection of claim filed by Bryce Johnson. This matter was continued to later this date. Lisa Edelheit, SEIU, thanked the Board for the recent labor negotiations with SEIU. Approve a One-Year Memorandum of Understanding (MOU) with the Service Employees International Union, Local 535 (SEIU) Effective November 1, 2006 (County Administrative Officer) BOARD ACTION: (M)Pickard, (S)Turpin, Res. 06-522 was adopted approving the MOU. Board members thanked everyone that was involved in this process. Chairman Stetson called for input from the public and none was received. Ayes: Unanimous. 10:38 a.m. LOCAL TRANSPORTATION COMMISSION (Chair – Lyle Turpin, Vice-Chair – Dianne Fritz) A) Public Presentation – none B) Adopt a Resolution Adopting the Transportation Planning Overall Work Program for Fiscal Year 2006-2007 and Authorize the Executive Director to Submit the Overall Work Program and Sign the Necessary Agreement COMMISSION ACTION: Dana Hertfelder, Public Works Director, introduced Katie Martin who filled the Administrative Analyst/Transportation Planner position in the Department. Discussion was held relative to the Overall Work Program. (M)Pickard, (S)Stetson, LTC Res. 06-7 was adopted approving the Program/Ayes: Unanimous. 10:50 a.m. Dana Hertfelder, Public Works Director; A) Authorize Payment of the Entire Outstanding Principal of $45,000 and Accrued Interest (to the Date of Payoff) for the Certificates of Participation (COP) Purchased by the USDA Rural Utilities Service for Financing the “Reserve Capacity” of the Yosemite West Wastewater Facilities Project BOARD ACTION: Discussion was held with Dana Hertfelder. Chairman Stetson called for input from the public and none was received. Dana Hertfelder advised that staff will bring back a review of the price of the Equivalent Dwelling Units (EDU’s) in the future. Carl Casey, Public Works Administrator, provided input relative to the EDU’s. (M)Pickard, (S)Fritz, Res. 06-523 was adopted approving the request/Ayes: Unanimous. B) Waive First Reading and Introduce Ordinance Amending Section 12.20.06 of Chapter 12.20 of the County Code Entitled “Signs Prohibited on County Property” BOARD ACTION: Discussion was held with Dana Hertfelder relative to this matter; and he advised that this would allow for a request they received for the Teleki Ranch historic sign to be considered for replacement. (M)Pickard, (S)Bibby, the first reading was waived and the Ordinance was introduced. The Clerk of the Board read the title of the Ordinance into the record. Chairman Stetson called for input from the public and none was received. Ayes: Unanimous. 11:10 a.m. Recess ---PAGE BREAK--- 4 11-14-06 11:24 a.m. Gail Neal, Chief Probation Officer; Appoint Members to the Mariposa County Juvenile Delinquency Prevention Commission and Designate the Juvenile Justice Commission to Serve in Such Capacity Pursuant to Welfare and Institutions Code Section 233 and Approve Budget Action Reducing General Contingency to Cover Costs for Members of the Commission Pursuant to WIC Section 231 (#2625) ($2,625) (4/5ths Vote Required) BOARD ACTION: Discussion was held with Gail Neal. (M)Fritz, (S)Bibby, Res. 06-524 was adopted approving the recommended actions/Ayes: Unanimous. Rick Benson, County Administrative Officer; Review Proposed Bylaws and Directors of the Yosemite/Mariposa County Tourism Bureau and Provide Direction to the Interim Tourism Coordinator BOARD ACTION: Discussion was held with Leroy Radanovich, Interim Tourism Coordinator; and he advised that they will not ask for dissolution of the Tourism Advisory Council until there is a smooth transition. He further advised that he plans to come back to the Board in December relative to the transition. Discussion was held relative to the proposed membership – the two members of the Board of Supervisors would serve as ex-officio members, and Leroy advised that one non-voting representative of the National Park Service would be added. Thomas P. Guarino, County Counsel, advised that he needs to further review the issue of two Board members serving on the Bureau when the non-profit organization is formed as there will be an agreement between the County and the Bureau for services to be provided. Further discussion was held relative to the bylaws. Supervisor Bibby noted that the proposed bylaws should be consistent in the use of Council and Bureau. Input from the public was provided by the following: Paul Chapman referred to the membership, and he stated he does not feel that the membership represents a good cross-section of the County. The Board concurred with proceeding with the process of privatization of the Tourism Bureau; and the Board members thanked Leroy Radanovich for his efforts in this matter. 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: Chairman Stetson advised that he and Supervisor Pickard and the County Administrative Officer attended a meeting with CalTrans in Stockton to address policy issues with Director Ajise and others on the temporary route to try to remove the vehicle length restrictions and to work on a permanent fix. He also advised that he attended the first meeting of the long-term fix committee, and they will continue to meet on the second Monday of each month. He provided information on the update of the geo-technical items and the additional monitoring and he advised that there has been no significant movement of the slide for about 30 days. However, that could change with the winter storms. He advised that Director Ajise is agreeable to coming to the Board to provide updates, with the next update to be around the first of the year. Discussion was held relative to the vehicle length restriction issues. (M)Bibby, (S)Turpin, Res. 06-525 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. Approval of Minutes of September 26, 2006, Regular Meeting (Clerk of the Board); Approval of Minutes of October 3, 2006, Regular Meeting (Clerk of the Board); and Approval of Minutes of October 10, 2006, Regular Meeting (Clerk of the Board) BOARD ACTION: (M)Bibby, (S)Fritz, the minutes were approved, with a correction to the October 10th minutes/Ayes: Unanimous. Discussion and Possible Action to Cancel the Board’s Regularly Scheduled Meeting for December 26, 2006 (Chairman Stetson) BOARD ACTION: (M)Bibby, (S)Pickard, Res. 06-526 was adopted canceling the meeting for December 26th/Ayes: Unanimous. ---PAGE BREAK--- 5 11-14-06 Discussion and Possible Action to Cancel the Board’s Regularly Scheduled Meeting for January 2, 2007 (Chairman Stetson/Vice-Chair Bibby) BOARD ACTION: (M)Turpin, (S)Fritz, Res. 06-527 was adopted canceling the January 2nd meeting/Ayes: Unanimous. Discussion and Possible Nomination of a Board of Supervisor to Submit an Application for Membership on a Public Advisory Committee for Recreation Fees on Federal Lands in California (Supervisor Turpin) BOARD ACTION: Supervisor Turpin initiated discussion and advised that he has an interest in serving on this Committee. (M)Pickard, (S)Bibby, Supervisor Turpin was nominated to serve on this Committee. The motion was amended, agreeable with the maker and second, to include direction to request that the Regional Council of Rural Counties (RCRC) send a letter of support for the nomination/Ayes: Unanimous. CLOSED SESSION: Liability Claims; Claimant Name: Laurie McQueen; Claimant Number: C06-15; Name of Agency Sued: County of Mariposa (County Administrative Officer) BOARD ACTION: County Counsel advised that this closed session was not necessary. CLOSED SESSION: Conference with Legal Counsel: Anticipated Litigation: Initiating of Litigation Pursuant to Subdivision of Government Code Section 54956.9. Case to be Discussed: County of Mariposa v. Total Waste Systems, Inc. (County Counsel); CLOSED SESSION: Conference with County Labor Negotiator: Name of Employee Organization: SEIU (Service Employees International Union); Name of County Designated Representative: Rick Bolanos (County Administrative Officer); CLOSED SESSION: Conference with Real Property Negotiator; Description of Real Property: Juanita Moore/SPCA Property on Corner of Bullion Street; Agency Negotiator: Thomas P. Guarino; Name of Party who will Negotiate with County (Not Party’s Agent): SPCA; Closed Session will Concern Price and Terms of Lease/Purchase (County Counsel); and CLOSED SESSION: Liability Claims; Claimant Name: Bryce Johnson; Claimant Number: C06-12; Name of Agency Sued: County of Mariposa (County Administrative Officer) BOARD ACTION: (M)Pickard, (S)Bibby, the closed sessions were held after lunch/Ayes: Unanimous. 12:26 p.m. Lunch 2:16 p.m. The Board convened in closed session. 2:58 p.m. The Board reconvened in open session. Chairman Stetson announced that direction was given to staff as a result of the closed session matters. Adopt a Resolution Approving a Settlement Agreement with Total Waste Systems, Inc. and Authorize the Chairman of the Board of Supervisors to Sign the Agreement; and Approve Second Amendment to the Solid Waste Franchise Agreement and Authorize the Chairman of the Board of Supervisors to Sign the Amendment (County Counsel) BOARD ACTION: Discussion was held with Thomas P. Guarino, County Counsel, and he recommended that the Board authorize the Chairman to sign the Agreement and approve the Second Amendment contingent upon Total Waste Systems paying the agreed sums no later than November 27, 2006; and if they fail to pay and to sign the agreements, the agreements are withdrawn. (M)Pickard, (S)Turpin, Res. 06-528 was adopted approving the requested actions as recommended by County Counsel. Following discussion relative to the dates in the agreements, the motion was amended, agreeable with the maker and second, to authorize County Counsel to make any necessary corrections to the agreements/Ayes: Unanimous. ---PAGE BREAK--- 6 11-14-06 Approve an Agreement with Allen, Proietti & Fagalde, LLP to Represent the County of Mariposa and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (County Counsel) BOARD ACTION: Thomas P. Guarino, County Counsel, advised that this request is an authorization to initiate suit if settlement funds are no received by November 27, 2006, as stated in the previous action. (M)Pickard, (S)Turpin, Res. 06-529 was adopted approving the agreement/Ayes: Unanimous. Consent Agenda item 21 – rejection of claim filed by Bryce Johnson. (M)Pickard, (S)Fritz, item 21 was approved/Ayes: Unanimous. CONSENT AGENDA: CA-1 Approve the Detour of Traffic from State Routes to Utilize Mariposa County Roadways for the Duration of the Merry Mountain Christmas Parade Scheduled for Saturday, December 9, 2006; Authorize the Chairman of the Board of Supervisors to Sign a Letter Approving the Detour of Traffic (Tourism); Res. 06- 506 CA-2 Approve Agreement with Mariposa County Arts Council for Fiscal Year 2006- 2007 and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Tourism); Res. 06-507 CA-3 Approve Agreement with Michael Habermann to Represent Mariposa County at the International Tourism Exchange, Berlin Germany in March of 2007 and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Tourism); Res. 06-508 CA-4 Approve Budget Action Transferring Funds within the Tourism Budget to Increase Professional Services ($8,300) (Tourism); Res. 06-509 CA-5 Approve a Letter of Appreciation to Ron J. Morehead, Owner of the Miners Inn Restaurant, for Offering a Designated Room at the Restaurant to Serve as the Loan Office for the U. S. Small Business Administration to Implement the Economic Injury Disaster Loan Program for Small Businesses (County Administrative Officer) CA-6 Approve a Letter of Appreciation to Joe and Kathy Connolly for Expressing Gratitude to the Mariposa County Fire Department, Chamber of Commerce and Community for a Wonderful Experience While Visiting Yosemite National Park and the Town of Mariposa (County Administrative Officer) CA-7 Approve the California Department of Veterans Affairs Subvention Certificate of Compliance and Medi-Cal Certificate of Compliance for Fiscal Year 2006-2007 and Authorize the Chairman of the Board of Supervisors to Sign the Certificates of Compliance (Community Services Director); Res. 06-510 CA-8 Approve Change Order No. 1 with Richard Townsend Construction for the Mariposa Regional Recreation Complex Waterline Project and Authorize the Chairman of the Board of Supervisors to Sign the Change Order (Public Works Director); Res. 06-511 ---PAGE BREAK--- 7 11-14-06 CA-9 Accept Resignations from Walter Rowland and Helen Yates from the Yosemite West Maintenance Advisory Committee (Supervisor Stetson) CA-10 Approve Third Amendment to Professional Services Agreement with RRM Design for Master Plan Services for the Regional Recreation Complex and Authorize the Chairman of the Board of Supervisors to Sign the Amendment (Public Works Director); Res. 06-518 CA-11 Approve Agreement with Cascade Software Systems for Software Maintenance and Support for Fiscal Year 2006-2007 and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Public Works Director); Res. 06-512 CA-12 Approve Second Amendment to Professional Service Agreement with Roger Stephens Engineering for the Purpose of Providing Utility Services for the Mariposa County Regional Recreation Complex (Public Works Director); Res. 06-519 CA-13 Approve Agreement with Schaaf & Wheeler, Consulting Civil Engineers for a Planning and Technical Assistance Community Development Block Grant (PT/A CDBG) to Develop a Drainage Study Exclusively for the Town of Coulterville and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (County Administrative Officer/Public Works Director); Res. 06-520 CA-14 Accept the Resignation of Karen Keyser-Shank from the Alcohol and Drug Advisory Board (Human Services Director) CA-15 Appoint James Tucker as a Member-at-large to the Alcohol and Drug Advisory Board for a Term of Three Years Expiring November 14, 2009 (Human Services Director) CA-16 Appoint Debbie Smith to The First 5 Commission to Serve as the Representative from the Department of Human Services (Human Services Director) CA-17 Appoint Carla Shelton to The First 5 Commission as a “Local Child Care Resource” Representative, for a Term of Three Years Expiring November 14, 2009 (Human Services Director) CA-18 Adopt a Resolution Approving the Submission of an Application to the Office of Justice Programs ~ U. S. Department of Justice ~ Bureau of Justice Assistant ~ Southwest Border Prosecution Initiative to Receive Funds for Federally Initiated and Referred Criminal Cases (District Attorney); Res. 06-513 CA-19 Adopt a Resolution Approving Children’s Medical Services (CMS) Plan and Budget Justification for Fiscal Year 2006-2007 for California Children’s Services (CSS), for Child Health, Disability Program (CHDP), for the Health Care Program for Children in Foster Care and Authorize the Chairman of the Board of Supervisors to Sign the CHDP and CCS Children’s Medical Services Certification Statements for Fiscal Year 2006-2007 (Health Officer); Res. 06-514 CA-20 Adopt a Resolution Rejecting Claim No. C06-15 Filed by Laurie McQueen for $360.27 and Authorize the Chairman of the Board of Supervisors to Sign the Notice of Rejection (County Administrative Officer); Res. 06-515 ---PAGE BREAK--- 8 11-14-06 CA-21 Adopt a Resolution Rejecting Claim No. C06-12 Filed by Bryce Johnson for an Undetermined Amount and Authorize the Chairman of the Board of Supervisors to Sign the Notice of Rejection (County Administrative Officer); Res. 06-530 CA-22 Approve Agreement with United States Department of Agriculture for Rental of Office Space for Helicopter Operation at the Airport Fire Station and Authorize the Chairman of the Board of Supervisors to Sign the Agreement; Approve Budget Action Increasing Revenue and Appropriations within the County Fire Budget ($6,999) (4/5ths Vote Required) (Fire Chief); Res. 06-516 CA-23 Approve First Amendment to the Contract with Abbott & Kindermann, LLP, for Legal Services Related to the SilverTip Project, and Authorize the Chairman of the Board of Supervisors to Sign the Amendment; Accept a Deposit in the Amount of $10,000 from the PacificUS Real Estate Group for SilverTip Project Legal Services to Account No. 349-0259-308.11 and Approve Budget Action Increasing Revenue and Appropriations ($10,000) (4/5ths Vote Required) (Planning Director); Res. 06-521 CA-24 Approve Third Amendment with V. Michael “Mike” Coffield to Increase Hours to Authorize up to 25 Additional Hours for Transitional Meetings and Provision of Budget/Personnel/Risk Management Duties Through November 5, 2006 and Authorize the Chairman of the Board of Supervisors to Sign the Amendment (County Counsel); Res. 06-517, and it was clarified that this is the 4th Amendment 3:06 p.m. Adjournment in memory of Richard Dewey Paquette, Dorothy Lee (Ohlrogge) Wells, Mildred Eva Hoyt, Josiah “Joe” Knowles, Jr., William R. Fluharty, Ira Chase, and Thomas Russell Holt. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board