Full Text
In compliance with the American Disabilities Act, if you need special assistance to participate in this meeting, please contact the Clerk of the Board’s Office. Meetings convene at 9:00 a.m., the first four Tuesdays of each month, at the Mariposa County Government Center, Board Chambers at 5100 Bullion Street. Board may take action sitting as the Board of Supervisors, and as the governing body of: County Service Area 1M (Don Pedro); Mariposa Pines Sewer Zone; Sewer Zone (Don Pedro); Coulterville Sewer and Water Zone; Mariposa Parking District; Wawona County Services Area 2-W; Hornitos Lighting District; Mariposa Lighting District; Coulterville Lighting District; Mariposa Air Pollution Control District; Yosemite West Maintenance District; Mariposa County Water Agency; Local Transportation Commission; Housing Authority of the County of Mariposa; Countywide Service Area; Mariposa County In-Home Supportive Services Public Authority, and the Mariposa County Public Finance Corporation. Citizens wishing to schedule matters for Board consideration or to appear before the Board must contact the Clerk of the Board in writing stating the action requested. Appropriate requests will be scheduled before the Board as time allows. The deadline for submission of written materials is on Friday prior to noon (11 days in advance of meeting), so the Agenda can be processed and packages available on Tuesday for the following week's meeting. An original and 13 copies of all supporting materials must be submitted. Public Presentations: The law provides the opportunity for the public to be heard on any item within the subject matter jurisdiction of the Board, before or during the consideration of that item by the Board. For items on the timed agenda, this will be at the time the item is called by the Chairman. For all other items, including items not on the Agenda, the public presentation time at the start of each meeting is appropriate. The Chairman may set time limits as appropriate to manage the Agenda. State law does not allow action to be taken on any item not appearing on the Agenda unless the action is otherwise authorized by Government Code Section 54954.2(b) which permits items not on the Agenda to be acted upon as delineated in Section 54954.2(b). Agendas and supporting documentation are available for review on Wednesday at the Board office. Mailed requests for Minutes and Agendas must be accompanied by self-addressed, stamped envelopes. They are also available at www.mariposacounty.org/board. November 14, 2006 Folder Time Description 9:00 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 1 9:30 a.m. Lee Stetson, Board of Supervisors, Chairman; Proclaim the Month of November, 2006 as “National American Indian Heritage Month” COUNTY OF MARIPOSA P.O. Box 784, Mariposa, CA 95338 (209) 966-3222 5100 Bullion Street www.mariposacounty.org/board LEE STETSON, CHAIR DISTRICT I JANET BIBBY, VICE CHAIR DISTRICT III LYLE TURPIN DISTRICT II DIANNE A. FRITZ DISTRICT IV BOB PICKARD DISTRICT V AGENDA of the BOARD OF SUPERVISORS ---PAGE BREAK--- BOARD OF SUPERVISORS November 14, 2006 Page 2 Folder Time Description Public Presentation: For Non-Timed Agenda Items including Attention, Information, and Consent Agenda, and for Items Not on the Agenda Board Information 2 Approval of Consent Agenda (See End of Agenda) 3 LOCAL TRANSPORTATION COMMISSION (Chair – Lyle Turpin, Vice-Chair – Dianne Fritz) A) Public Presentation 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 4 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 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” 5 10:00 a.m. A) Jacque Meriam, Librarian; PUBLIC HEARING - Approve the Increase in cost for InterLibrary Loans (ILL) B) 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 6 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) 7 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 12:00 NOON – LUNCH ATTENTION: No Folder 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) 8 Approval of Minutes of September 26, 2006, Regular Meeting (Clerk of the Board) ---PAGE BREAK--- BOARD OF SUPERVISORS November 14, 2006 Page 3 Folder Time Description 9 Approval of Minutes of October 3, 2006, Regular Meeting (Clerk of the Board) 10 Approval of Minutes of October 10, 2006, Regular Meeting (Clerk of the Board) 11 Discussion and Possible Action to Cancel the Board’s Regularly Scheduled Meeting for December 26, 2006 (Chairman Stetson) 12 Discussion and Possible Action to Cancel the Board’s Regularly Scheduled Meeting for January 2, 2007 (Chairman Stetson/Vice-Chair Bibby) 13 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) 14 Approve a One-Year Memorandum of Understanding (MOU) with the Service Employees International Union, Local 535 (SEIU) Effective November 1, 2006 (County Administrative Officer) 15 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) 16 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) 17 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) 18 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) 19 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) 20 CLOSED SESSION: Liability Claims; Claimant Name: Laurie McQueen; Claimant Number: C06-15; Name of Agency Sued: County of Mariposa (County Administrative Officer) 21 CLOSED SESSION: Liability Claims; Claimant Name: Bryce Johnson; Claimant Number: C06-12; Name of Agency Sued: County of Mariposa (County Administrative Officer) ---PAGE BREAK--- BOARD OF SUPERVISORS November 14, 2006 Page 4 Folder Time Description 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) 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) 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) CA-4 Approve Budget Action Transferring Funds within the Tourism Budget to Increase Professional Services ($8,300) (Tourism) 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) 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) 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) 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) ---PAGE BREAK--- BOARD OF SUPERVISORS November 14, 2006 Page 5 Folder Time Description 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) 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) 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) 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) 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) 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) CA-22 Approve Agreement with United Stated 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) ---PAGE BREAK--- BOARD OF SUPERVISORS November 14, 2006 Page 6 Folder Time Description 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) 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)