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MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA March 22, 2005 Time Description 9:06 a.m. Meeting Called to Order at the Mariposa County Government Center Ryan Ballinger, Mariposa County High School Student Body President, led in the Pledge of Allegiance. Bob Pickard, Chair; Proclaim the Month of March as “Professional Social Worker Month” BOARD ACTION: (M)Fritz, (S)Bibby, the Proclamation was approved and presented to Cheryle Rutherford-Kelly, Human Services Director, on behalf of the social workers/Ayes: Unanimous. Janet Bibby, Supervisor District III; Proclaim the Week of March 21st through 25th, 2005, as “Mariposa County Disability Awareness Week” and View a Presentation Relative to Previous Recognition of “Disability Awareness Week” in Mariposa County BOARD ACTION: Supervisor Bibby and Undersheriff Brian Muller volunteered to spend the day in wheelchairs to help promote the “Disability Awareness Week.” (M)Bibby, (S)Stetson, the Proclamation was approved and presented to Bill Yaley, representing Mariposa Rotary, and Ryan Ballinger, representing the High School Associated Student Body/Ayes: Unanimous. Ryan thanked the Student Body members for being present and for their support of the HERO (Helping Everyone Recognize and Overcome) event; and he thanked the Rotary and the Board for support. Supervisor Bibby commented on the difficulties that those who are disabled encounter, and she noted that the weather is a factor this year in trying to get around in a wheelchair. Supervisor Bibby noted that there is a Small Business in a Box workshop scheduled for May 23rd at the Library and it will deal with understanding the goals of the Americans with Disabilities Act. The following members of Rotary gave a presentation on the HERO program, and advised of the activities that are planned: Susan Robinson, Bill Yaley, Vince Kehoe, Jill Ballinger, and Dave Wise. They presented the CD of their program and acknowledged the Associated Student Body for helping with the presentation. David DuBois, High School ROP class, was acknowledged for his assistance in helping to produce the CD. Jill Ballinger presented HERO t-shirts to Supervisor Bibby and Undersheriff Muller for their participation in the event. 9:30 a.m. Recess 9:47 a.m. Marjorie Wass, Treasurer/Tax Collector/County Clerk; Presentation by Sheree Noell of Sequoia Voting Systems Relative to Direct Electric Recording Machines; Waive the Bid Process and Authorize the County Clerk/Registrar of Voters to Enter into Contract Negotiations with Sequoia Voting Systems in the Amount of $399,240.70, for an Upgrade to the Help America Vote Act of 2002 (HAVA) Compliant Voting Machines for Polling Locations BOARD ACTION: Marjorie Wass advised that she will come back with a contract for approval and with more financial information on the funding. Sheree Noell gave an overview of Sequoia Voting Systems and a demonstration of the new voting machines. Discussion was held. (M)Fritz, (S)Stetson, Res. 05-92 was adopted approving the requested action, with direction for the contract to come back for approval/Ayes: Unanimous. Introductions ---PAGE BREAK--- 3-22-05 2 Public Presentations: For Non-Timed Agenda Items including Attention, Information, and Consent Agenda, and for Items Not on the Agenda Cathi Boze, Agricultural Commissioner, advised that the renovations have begun at the Ag Complex, and they are temporarily located in Building at the Fairgrounds for about a month and one- half. She also advised that the new County Director/Farm Advisor started on Monday. Board Information Supervisor Fritz introduced her mother and father-in-law, Pat and Dick Peterson, who were visiting from Wyoming. She advised that she and Supervisor Turpin attended the CSAC Legislative Conference the week before. Supervisor Bibby advised that there was a quick response by the Health Department and mine staff to a report of a breach in the pond at Mt. Gaines mine, and there was not breach. She complimented the road crews for working during the weekend storms. Supervisor Turpin thanked County Counsel and the County Administrative Officer for attending the Red Cloud library fundraiser in Greeley Hill. He reported on his attendance at the CSAC Legislative Conference, and his participation in the Agriculture Natural Resource Policy Committee and the issue of the creation of the Central Valley Flood Control Assessment District. Supervisor Pickard advised that he plans to attend the RCRC meeting in Sacramento on Wednesday, and the CMSP meeting on Thursday. Approval of Minutes 3-01-05, Regular Meeting BOARD ACTION: (M)Stetson, (S)Turpin, the minutes were approved/Ayes: Unanimous. Approval of Consent Agenda (See End of Minutes) BOARD ACTION: Rich Inman, County Administrative Officer, pulled items 4 and 6. Supervisor Bibby pulled items 5, 8, 12, and 13. Supervisor Turpin pulled items 4, 6, 7, and 8. (M)Fritz, (S)Bibby, the balance of the items was approved/Ayes: Unanimous. Consent Agenda item 4 – Rich Inman advised that a termination date needs to be added to the contract amendment with HDC & Associates, and he suggested that June 30, 2005 be used. He advised that he expects a report in mid-May. Discussion was held. (M)Turpin, (S)Stetson, item 4 was approved, with the addition of the termination date of June 30, 2005/Ayes: Unanimous. Consent Agenda item 5 – Supervisor Bibby asked that the procedures are followed for having the employee sign an acknowledgement that the employee knows that the position is contingent on the grant funding. (M)Bibby, (S)Fritz, item 5 was approved/Ayes: Unanimous. Consent Agenda item 6 – Rich Inman noted the correction for the copy costs of $.0088 per copy. (M)Fritz, (S)Turpin, item 6 was approved/Ayes: Unanimous. Consent Agenda item 7 – Supervisor Turpin initiated discussion relative to the bicycle patrol program and ensuring that there is adequate staff for the rest of the County. Brian Muller, Undersheriff, commented on the struggle to fill the current vacancies in the Department; and he noted the plans to use the bicycle patrol throughout the County for special events. (M)Turpin, (S)Stetson, item 7 was approved/Ayes: Unanimous. Consent Agenda item 8 – Supervisor Bibby asked that the procedures are followed for having the employee sign an acknowledgement that the employee knows that the position is contingent on the grant funding; and she clarified the waiver of the indirect costs. Supervisor Turpin commented on the grant funding. (M)Bibby, (S)Turpin, item 8 was approved/Ayes: Unanimous. Consent Agenda item 12 – Supervisor Bibby noted that wording is missing from section 3.03, Employment of Assistants. (M)Bibby, (S)Stetson, item 12 was approved, with section 3.03 to be corrected/Ayes: Unanimous. Consent Agenda item 13 – Supervisor Bibby initiated discussion relative to the status of repairs to the building, especially in the restroom area, and the increase in the lease amount. (M)Bibby, (S)Fritz, item 13 was approved, with direction given for staff to follow-up on the status of repairs/Ayes: Unanimous. ---PAGE BREAK--- 3-22-05 3 Lyle Turpin, Supervisor District II; PowerPoint Presentation by Ted Selb, Deputy General Manager of Merced Irrigation District (MID) BOARD ACTION: Supervisor Turpin introduced Ted Selb, Deputy General Manager of MID. Ted gave a power point presentation and he reviewed MID’s history, operations and services, water rights, and the upcoming FERC re-licensing schedule. Discussion was held relative to the loss of agriculture land to urban uses and impacts with the UC Merced, and the FERC re-licensing. Chairman Pickard opened the Public Hearing for Lot Line Adjustment No. 2004-211, General Plan/Zoning Amendment No. 2004-212, and Land Conservation Act Contract Modification No. 2004- 213, and continued it until after the following item. 11:07 a.m. Recess 11:22 a.m. Dana Hertfelder, Public Works Director; Approve Budget Action Transferring the Remaining Cash Balance of $51,136 in the Zone of Benefit (ZOB) Revolving Fund to General Fund Contingency; Approve Transferring the Loan Currently in the ZOB Revolving Fund in the Amount of $260,980 (Due from the Don Pedro Wastewater Treatment Project) to the General Fund; and Authorize the Write-Off of an Old Loan in the Amount of $214,402 that is Owed to the ZOB Revolving Fund from the Sidewalk Projects Fund #510 BOARD ACTION: Discussion was held with Dana Hertfelder. Supervisor Turpin asked for clarification of the status of the funding for the Greeley Hill sidewalk project. Supervisor Bibby clarified that this does not impact any existing zones of benefit. Discussion was held relative to the transfer of future repayments from the zones of benefit, and staff advised that they will bring that matter back to the Board. (M)Turpin, (S)Stetson, Res. 05-107 was adopted approving the recommended actions/Ayes: Unanimous. 11:37 a.m. Kris Schenk, Planning Director; PUBLIC HEARING Relative to Adopting a Resolution Approving Lot Line Adjustment No. 2004-211, General Plan/Zoning Amendment No. 2004-212, and Land Conservation Act Contract Modification No. 2004-213; Waive First Reading and Introduce an Ordinance Approving Amendment to Mariposa County Zoning Map Pursuant to General Plan/Zoning Amendment No. 2004-212; Suzanne Richardson, Applicant; Freeman & Seaman Land Surveyors, Agent. Project Site Includes Assessor’s Parcel Numbers (APN) 011-300-019 and 011-310-019, Located Adjacent to and Easterly of Hornitos Road near McCay Road in the Catheys Valley Area BOARD ACTION: Megan Tennermann, Assistant Planner, presented the staff report, and she reviewed the recommended actions. Megan advised that the second reading and adoption of the Ordinance would be brought to the Board after the Contract Modification is signed by the applicant. Staff responded to questions from the Board relative to the existing zoning for the parcels and clarification of why the General Plan/Zoning Amendment process is required; and relative to the processing of building permits. The public portion of the hearing was opened. There was no public input. The public portion was closed and the Board commenced with deliberations. (M)Turpin, (S)Fritz, Res. 05-108 was adopted finding that the project is exempt from the provisions of CEQA and approving Lot Line Adjustment No. 2004-211, General Plan/Zoning Amendment No. 2004-212, and Land Conservation Act Contract Modification No. 2004-213 with the recommended findings and conditions; and waiving the first reading and introducing an Ordinance approving amendment to Mariposa County zoning map with the recommended findings, pursuant to General Plan/Zoning Amendment No. 2004-212. The Clerk of the Board read the title of the Ordinance into the record. Aye: Unanimous. The hearing was closed. Discuss and Provide Direction to Staff Regarding the Use of Secure Rural Schools and Community Self- Determination Act of 2000 (HR 2389) Funds for Continued Funding of the South West Interface Project (SWIFT); Continue Funding the Mariposa County Fire Safe Council; and a Fuel Reduction Program Utilizing the California Department of Forestry (CDF) and the California Department of Corrections (CDC) Fire Crew (County Administrative Officer) ---PAGE BREAK--- 3-22-05 4 BOARD ACTION: Mary Hodson, Administration-Deputy County Administrative Officer, initiated discussion relative to the request. Dennis Tannahill, CDF, responded to questions and provided input relative to billing for the work performed by the CDC crews; and he advised that they cannot work on private land unless there is some type of contract with the State or the land is controlled by the government. Supervisor Bibby asked that sufficient funding be held in the account in case there is a search and rescue effort on federal lands. (M)Stetson, (S)Turpin, Res. 05-109 was adopted providing direction as recommended/Ayes: Unanimous. Discussion and Possible Action to Provide Scoping Comments for the Revised Comprehensive Management Plan for the Merced River Plan (Chairman Pickard) BOARD ACTION: Chairman Pickard initiated discussion. (M)Bibby, (S)Fritz, Res. 05-110 was adopted approving the letter of scoping comments to be sent, along with the letter of comments from the Wawona Town Planning Advisory Committee, to the Yosemite National Park Superintendent so that it can be included in the comments received for the Revised Plan. Discussion was held relative to the reference to day-use reservations in the alternative sections of the Plan, and further commenting during the comment period for the final EIS. Ayes: Unanimous. CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: SEIU Local 535; Name of County Designated Representative: Rich Inman (County Administrative Officer) BOARD ACTION: Rich Inman, County Administrative Officer, advised that this closed session is not necessary. 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); and CLOSED SESSION: Conference with Legal Counsel Relative to Anticipated Litigation/Initiating of Litigation for a Case Pursuant to Subdivision of Government Code Section 54956.9 (Continued from 3-15-05) (County Counsel) BOARD ACTION: (M)Fritz, (S)Bibby, the closed sessions are to be held at 1:30 p.m., with Jeff Green and Sandi Laird/Administration-Administrative Analyst, to be present for a portion of the session/Ayes: Unanimous. 12:06 p.m. Lunch 1:32 p.m. The Board convened in closed session. 2:13 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. 05-93 CA-2 Authorize the Public Works Director to Extend Two Extra Help Contracts by 250 Hours Each for Two Solid Waste & Recycling Division Positions in Order to Meet Staffing Requirements for the Landfill and Transfer Stations for this Fiscal Year, While the Permanent Gate Attendant Hiring and Training Process is Completed (Public Works Director); Res. 05-94 ---PAGE BREAK--- 3-22-05 5 CA-3 Approve Budget Action Transferring Funds within the Yosemite West Maintenance District Budget to Cover Costs in the Water Division for a Pump Motor and Mag Starter, and in the Road Division for Snow Plowing and Equipment Maintenance Costs ($23,905) (Public Works Director); Res. 05-95 CA-4 Approve Contract Amendment with HDC & Associates, the Consultant Performing the Classification and Internal Compensation Study, by Extending the Term of the Agreement (County Administrative Officer); Res. 05-100, with the addition of June 30, 2005, as the termination date of the contract CA-5 Approve District Attorney Investigative Assistant Job Description; Set Salary at Range 206 ($2,636 - $3,204/Month); and Assign the Position to SEIU (County Administrative Officer); Res. 05-101 CA-6 Approve Budget Action Transferring Funds within the Tourism Budget from Promotional to Copier Expense to Cover the Cost of an Increase in Copying New Collateral for the Visitor’s Center ($2,400) (Tourism Coordinator); Res. 05-102, with a correction for the copy costs CA-7 Authorize the Sheriff to Apply for a Federal Grant through the Bureau of Justice Assistance in the Amount of $10,031 to Purchase Equipment for the Department’s Bicycle Patrol Program (Sheriff); Res. 05-103 CA-8 Adopt a Resolution and Approve Budget Action Approving the Budget for the Mariposa County Family Violence Response Team Domestic Violence Grant Funded through the United States Department of Justice – Office on Violence Against Women (OVW) ($85,246) (4/5ths Vote Required) (District Attorney); Res. 05-104 CA-9 Adopt a Resolution Authorizing the Chairman of the Board of Supervisors to Sign Weighmaster Audit Agreement No. 05-0138 for Fiscal Year 2005/2006 with California Department of Food and Agriculture (CDFA) (Agricultural Commissioner); Res. 05-96 CA-10 Adopt a Resolution Authorizing the Chairman of the Board of Supervisors to Sign Petroleum Products Agreement No. 05-0103 for Fiscal Year 2005/2006 with California Department of Food and Agriculture (CDFA) (Agricultural Commissioner); Res. 05-97 CA-11 Approve a Health Care Services Agreement between Beverly Health and Rehabilitation Services, Inc., dba San Jose Care and Guidance and Mariposa County Behavioral Health for Institutional Services for Mental Disease and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Human Services Director); Res. 05-98 CA-12 Authorize Human Services to Enter into a Professional Service Agreement with Nanette Oswald for American Sign Language Interpretation for the Driving Under the Influence (DUI) First Offender Program (Human Services Director); Res. 05- 105, with section 3.03 of the contract to be corrected CA-13 Approve Lease Agreement between Human Services and Robert Chivers to Continue the Lease of Office Space and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Human Services Director); Res. 05-106, with direction to staff concerning repairs to the facility CA-14 Appoint Jodi Locke; Carol Williams; Thomas Hogan; Lynn Deleon; and Chevon Kothari to the Mariposa County Mental Health Board (Human Services Director) ---PAGE BREAK--- 3-22-05 6 CA-15 Accept the Resignations of Jim Archer and Pamela Reason from the In-Home Supportive Services (IHSS) Advisory Committee; Permit the Committee to Officially Change their By-Laws to Include the Number of Members Allowed; and the Fact that they get Stipend for Attending Meetings; and Authorize the Human Services Department to Recruit New Members to Fill Three Existing Vacancies (Human Services Director); Res. 05-99 2:14 p.m. Adjournment in memory of Richard R. Lander and J. Gordon Greenamyer. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board