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MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA January 25, 2005 Time Description 9:12 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Introductions Chairman Pickard announced that the Board members placed as follows in the Annual Chili Cook-off event: first place in the Meat and Bean category, along with receiving the People’s Choice award. Bob Rudzik, Planning Commissioner, commented on the challenge between the Board and the Commission. Janet Bibby, Supervisor District III; Approve a Certificate of Appreciation Recognizing the Sheriff’s Community Organized Policing Effort (SCOPE) for Its Ten Year Anniversary of Serving the Citizens of Mariposa County BOARD ACTION: (M)Bibby, (S)Stetson, the Certificate was approved and presented to the following representatives of SCOPE: Paul Ogle, Bob Rudzik, Bill Peters, Ron Glenn, and Sheriff Jim Allen/Ayes: Unanimous. Supervisor Bibby provided information on the services that the SCOPE members provide to the County. Sheriff Allen thanked the Board for the recognition, and he advised that the hours served by the SCOPE members equate to seven full-time personnel, and he provided information on some of the tasks that they perform. Public Presentations: For Non-Timed Agenda Items including Attention, Information, and Consent Agenda, and for Items Not on the Agenda Jim Allen, Sheriff, on behalf of the Mariposa Student Loan Association, advised of an upcoming fundraising event to benefit their scholarship program. Dana Hertfelder, Public Works Director, provided an update on the status of taking over the operation of the landfill, including the rental of equipment and a trailer for a gatehouse. He also advised of the status of the clean-up activities from the storms. He advised that the Department is proposing to change the hours that the landfill is open to the public beginning on February 14th. The Department and Board members thanked staff, including Environmental Health staff and the CDC crews for their assistance with the clean-up efforts and the change in operation. Board Information Supervisor Fritz thanked everyone for their attendance at the Chili Cook-off event. Supervisor Stetson advised that the Yosemite West Advisory Committee is scheduled to meet on Monday, January 31st at 9:00 a.m. in Wawona. Supervisor Bibby commended Supervisor Fritz for being a dynamo in the kitchen at the Chili Cook- off. Supervisor Turpin commented on the great chili that was available at the Chili Cook-off. Approval of Minutes 12-14-04, Regular Meeting BOARD ACTION: (M)Fritz, (S)Bibby, the minutes were approved/Ayes: Unanimous. Approval of Consent Agenda (See End of Minutes) ---PAGE BREAK--- 1-25-05 2 BOARD ACTION: Supervisor Stetson pulled item 1. (M)Bibby, (S)Fritz, the balance of the items was approved/Ayes: Unanimous. Consent Agenda item 1 – Supervisor Stetson initiated discussion relative to the dates of the agreements, and he noted that they come to the Board so late in the process. (M)Stetson, (S)Bibby, item 1 was approved/Ayes: Unanimous. Authorize Chairman of the Board of Supervisors to Execute Agreement Between the County of Mariposa and Hinderliter, De Llamas, and Associates for Analysis of County Generated Sales Tax; Adopt a Resolution Authorizing Examination of County Generated Sales and Use Tax; and Approve Budget Action Transferring Funds within the Administration Budget to Cover the Cost of the Contract with HDL Associates ($1,200) (County Administrative Officer) BOARD ACTION: Rich Inman, County Administrative Officer, initiated discussion relative to the proposal. Discussion was held relative to the process for analyzing and auditing the taxes paid by the private businesses and having the County Administrative Officer serve as a buffer in that process. Supervisor Bibby asked that the language be clarified in the contract so that it is clear that we are not telling businesses how to do their business; and she asked about safeguards for protecting the proprietary information. Supervisor Pickard clarified that the intent of this proposal is to make sure that the County is getting its fair share of the tax from the State. Rich Inman recommended that the Board just authorize the analysis at this time and not the audits and adjust the budget action accordingly, and the Board concurred. He also advised that he will ask the contractor to give a presentation to the Board on how they conduct their audits and interface with the businesses. (M)Stetson, (S)Fritz, Res. 05-30 was adopted approving the agreement for just the analysis portion, and with the change in the budget action to transfer $600 for the balance of this fiscal year/Ayes: Unanimous. Approve the Annual Coulterville Coyote Howl as a County Sponsored Event for Insurance Purposes (Supervisor Turpin) BOARD ACTION: Supervisor Turpin initiated discussion relative to the request. (M)Turpin, (S)Stetson, Res. 05-31 was adopted approving the request/Ayes: Unanimous. 9:53 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: Jeff Green (County Administrative Officer); CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: SEIU Local 535; Name of County Designated Representative: Rich Inman (County Administrative Officer); CLOSED SESSION: Conference with Legal Counsel Relative to Anticipated Litigation/Significant Exposure for a Case Pursuant to Subdivision of Government Code Section 54956.9 (County Counsel); and CLOSED SESSION: Conference with Legal Counsel Relative to Anticipated Litigation/Significant Exposure for a Case Pursuant to Subdivision of Government Code Section 54956.9 (County Counsel) BOARD ACTION: (M)Turpin, (S)Fritz, the closed sessions were held/Ayes: Unanimous. 11:00 a.m. Dana Hertfelder, Public Works Director; PUBLIC HEARING Relative to Considering a Proposed Mitigated Negative Declaration for the Lake Don Pedro Sewer Zone 1M Wastewater Treatment Facility on Unimproved Real Property, Commonly Known as APN 001-260-015 and 001-260-016 Note: This Public Hearing will be Rescheduled to February 8, 2005 at 11:00 a.m. BOARD ACTION: The Clerk of the Board opened the public hearing and noted that it has been rescheduled for February 8, 2005, at 11:00 a.m. 11:27 a.m. Chairman Pickard announced that action was taken as a result of a closed session item to authorize the Chair to sign a contract for retention of legal counsel to defend a lawsuit brought by PG&E in joint defense with other counties. He also advised that direction was given to staff on the other closed session matters. ---PAGE BREAK--- 1-25-05 3 11:28 a.m. – Lunch 2:29 p.m. Kris Schenk, Planning Director; PUBLIC HEARING Relative to Adopting a Resolution Denying Appeal No. 2004-157 and Upholding the Planning Commission’s Action to Approve Amended Conditions for Conditional Use Permit No. 259 (Amended Conditional Application No. 2004-104); First Baptist Church of Mariposa, Applicant/Appellant BOARD ACTION: Pastor John Trujillo, First Baptist Church of Mariposa, thanked the Board and the Church and staff for their efforts in this matter; and he advised that they were able to come to an agreement. Chairman Pickard advised that representatives of the Church met with representatives of the County and there was some clarification and understanding of how to help each other through this process. It was also agreed to continue the hearing for four weeks. Tom Guarino, County Counsel, advised of the agreement – continue the hearing for four weeks and Pastor Trujillo will bring the revised Indemnity Agreement to the congregation for approval; he advised of the changes that were agreed to in the agreement; and he clarified the scope of the agreement. Don Starchman, on behalf of the applicant appearing pro bono, advised that County Counsel outlined the agreement that was reached in their discussion; and he requested that the Board members keep in mind that they want to move forward and work to accomplish their project. (M)Bibby, (S)Turpin, the hearing was continued to February 22, 2005, at 11:00 a.m. Kris Schenk responded to questions from the Board relative to the status of LAFCo and its process with this project. Ayes: Unanimous. CONSENT AGENDA: CA-1 Adopt a Resolution Authorizing the Chairman of the Board of Supervisors to Sign a Plan of Cooperation between the Local Child Support Agency and the Superior Court of Mariposa County to Coordinate their Respective Efforts and Delineation of Responsibilities Relative to the Child Support Enforcement Program under Title IV-D of the Social Security Act (County Counsel); Res. 05-29 CA-2 Authorize the Chairman of the Board of Supervisors to Execute the California Department of Veterans Affairs Medi-Cal Certificate of Compliance and Subvention Certificate of Compliance for the County of Mariposa to Receive Monies Paid by the State of California (Community Services Director); Res. 05- 25 CA-3 Authorize the Human Services Director to Execute the 2005 Low Income Home Energy Assistance Program (LIHEAP) Agreement 05B-5322; Accept an Advance of $55,000 in Anticipated Revenue from LIHEAP Agreement 05B-5322; and Authorize Human Services to Continue to Coordinate the Weatherization Portion of the Program with the Central Valley Opportunity Center (Human Services Director); Res. 05-26 CA-4 Authorize the Human Services Director to Execute the 2005 Community Services Block Grant (CSBG) Agreement 05F-4604 on Behalf of the Calaveras-Mariposa Community Action Agency; Accept an Advance of $45,000 in Anticipated Revenue from CSBG Agreement 05F-4604; Upon Approval of the CAA Governing Board, Authorize the Director of the Human Services Department to Execute Subsequent Amendments with the State Department of Community Services and Development (CSD) up to the Amount Allocated to the Calaveras- Mariposa Community Action Agency; and Authorize the Director of the Human Services Department to Enter into Subcontract Agreements with the Agencies Providing Direct Services (Human Services Director); Res. 05-27 ---PAGE BREAK--- 1-25-05 4 CA-5 Approve Extension of Time for Sarah Williams, Deputy Planning Director, to Utilize Accrued Vacation from December 31, 2004 to May 20, 2005 (Planning Director); Res. 05-28 CA-6 Appoint Sharon Scott to the First 5 Commission of Mariposa County as a Representative for Recipient of Project Services (Supervisor Bibby) 2:38 p.m. Adjournment in memory of J. Stanley “Stan” Green, Jacqueline Rose Gordo Hopkins, and Donna Alexander Callahan. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board