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Time Description 9:07 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Introductions Chair Bibby introduced Jim Branham, Executive Officer for the Sierra Nevada Conservancy, and he provided input on their programs. Approval of Consent Agenda (See End of Summary of Proceedings) NOTE: The Consent Agenda consists of items that are generally viewed as non-controversial and routine by the department. If the Board wishes to discuss an item, it will be removed from the Consent Agenda and moved to the end of the timed agenda; or at the Chair’s discretion, may be taken in conjunction with another item scheduled by the respective department. Otherwise, the Consent Agenda items are generally approved in one single motion. This is the appropriate time for the public to advise the Chair of any comments to the Consent Agenda or request to have an item removed from the Consent Agenda. BOARD ACTION: (M)Turpin, (S)Aborn, approved/Ayes: Unanimous. Chair Bibby; A) Proclaim the Week of July 16 – 22, 2007 as “California Invasive Weed Awareness Week” (Agricultural Commissioner) BOARD ACTION: (M)Pickard, (S)Aborn, approved and presented Proclamation to Cathi Boze, Agricultural Commissioner/Ayes: Unanimous. B) Proclaim the Week of July 15 – 21, 2007 as “Probation, Parole & Community Supervision Officers’ Week” (Chief Probation Officer) BOARD ACTION: (M)Fritz, (S)Pickard, approved and presented Proclamation to Gail Neal, Chief Probation Officer/Ayes: Unanimous. Public Presentation: For Items within the Jurisdiction of the Board and not on Today’s Agenda – none. Board Information Supervisor Turpin advised that he attended the meeting with the Stanislaus Forest Service on Wednesday and they discussed response time to provide backup service to El Portal. He attended the CalFire public hearing on Thursday on the Fire Hazard Severity Zones Mapping, and the deadline to provide comments is July 31st. Supervisor Aborn referred to a recent Gazette story on the increase of visitors at the Highway 140 entrance to Yosemite; and he reminded everyone to be very cautious due to the extreme fire danger this season. Supervisor Pickard provided a status report on SB 542 (formerly SB 277), gas tax legislation for the three counties without incorporated cities. Supervisor Fritz wished Supervisor Bibby a “Happy Birthday;” and she announced that Anita Starchman Bryant had a baby girl “Annie Rose” on Saturday and she congratulated the family. MARIPOSA COUNTY BOARD OF SUPERVISORS SUMMARY OF PROCEEDINGS July 17, 2007 ---PAGE BREAK--- 2 7-17-07 Supervisor Bibby plans to attend the Mother Lode Job Training meeting on Wednesday. She has a meeting scheduled for this afternoon with the Fire Chief to discuss concerns he has on the volunteer fire program. She encouraged the community to continue sending letters on their position on the Williamson Act subvention funding. Dana Hertfelder, Public Works Director; A) Adopt a Resolution Authorizing Public Works to Award the Art Park Restroom Replacement to Viking General Contractor, Inc. in the Amount of $33,700 and Authorize the Public Works Director to Execute Said Agreement; and Authorize a Total Project Budget of $35,000 for this Project Prior to Adoption of the Final Budget for Fiscal Year 2007-2008 BOARD ACTION: Following discussion, (M)Aborn, (S)Fritz, Res. 07-348 was adopted/Ayes: Unanimous. 9:34 a.m. Recess 9:46 a.m. B) Approve the New Life Christian Fellowship (NLCF) the use of 15 Acres of the Mariposa Regional Recreation Complex Land to Construct and Maintain a Public Paintball Facility BOARD ACTION: Supervisor Pickard asked that the matter be withdrawn, following his discussion with the applicant, Public Works Director and County Counsel, to work out details prior to the matter coming back to the Board. Richard J. Benson, County Administrative Officer; A) Approve an Agreement with KNN Public Finance in an Amount not to Exceed $95,000 to Provide Municipal Finance Consulting Services Relating to Pension Bond Financing and Authorize the Board of Supervisors Chair to Sign the Agreement BOARD ACTION: Discussion was held. Input from the public was provided by the following: Ruth Sellers provided input and asked whether consideration is being given to establishing a two-tier retirement system. Paul Chapman provided input and opposed the bond financing. Robert Larson provided input and stated he feels only the base amount of the contract should be approved at this time. (M)Pickard, (S)Turpin, Res. 07-349 was adopted. County Administrative Officer to keep the Board apprised of the status of the contract and expenses above the base amount. Ayes: Unanimous. B) Adopt a Resolution Authorizing Judicial Validation Proceedings Relating to the Issuance of the County’s Pension Obligation BOARD ACTION: Following discussion, (M)Pickard, (S)Fritz, Res. 07-350 was adopted. Supervisor Bibby asked that County Counsel provide the Board members with a copy of the Court’s final decision on the pending case involving validation proceedings with the State, and that the members be kept informed of any lawsuits that may arise. 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/County Administrative Officer) BOARD ACTION: (M)Fritz, (S)Turpin, Res. 07-351 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 Summary of Proceedings of July 10, 2007, Regular Meeting (Clerk of the Board) BOARD ACTION: Rick Benson initiated discussion and advised of procedural changes from providing detailed conformed agendas (minutes) to summary of proceedings, and that future agendas be made available to the public at 1:00 p.m. on the Thursday preceding the Board’s regularly scheduled meeting on Tuesday. Supervisor Bibby requested that if the summary of proceedings is released prior ---PAGE BREAK--- 3 7-17-07 to approval by the Board that it is stamped “draft – pending Board approval” and she asked that a reminder be sent to the departments of the deadline for submitting agenda items. Input from the public was provided by the following: Carl Munck supported the recommendation; and he asked that items be dropped from the agenda versus being continued from week to week. Ruth Sellers asked for clarification of the agenda posting requirements; and County Counsel responded as to the requirements. Paul Chapman stated he feels the agenda package needs to be available to the public when the agenda comes out; and County Counsel responded as to the requirements. Ruth Catalan asked for clarification that the summary of proceedings is substituting for the minutes; and the County Administrative Officer advised that is correct. (M)Fritz, (S)Pickard, the Summary of Proceedings for July 10, 2007 was approved/Ayes: Unanimous. 11:03 a.m. CLOSED SESSION: Conference with Legal Counsel: Anticipated Litigation: Initiating of Litigation Pursuant to Subdivision of Government Code Section 54956.9; Number of Cases to be Discussed: 4; Names of Cases to be Discussed: County of Mariposa v. Paul Vasquez; County of Mariposa v. Gary and Kathy Nelson; County of Mariposa v. Hostetler/Shank; County of Mariposa v. Fred Grote (Code Enforcement) (County Counsel); and CLOSED SESSION: Conference with Legal Counsel: Anticipated Litigation: Significant Exposure to Litigation Pursuant to Subdivision of Government Code Section 54956.9. Number of Cases to be Discussed: 1; Initiation of Litigation Pursuant to Subdivision of Government Code Section 54956.9. Number of Cases to be Discussed: 1; Name of Case to be Discussed: Hazel Green Ranch, LLC v. United Stated Department of the Interior, et al.; Case No. 1:07-CV-004140OWW-SMS (County Counsel) BOARD ACTION: (M)Fritz, (S)Aborn, the closed sessions were held/Ayes: Unanimous. 11:58 a.m. RESULTS OF CLOSED SESSION: Chair Bibby announced that unanimous action was taken to authorize initiation of litigation on the four code enforcement cases; and direction was given to staff on the Hazel Green Ranch case. CONSENT AGENDA: CA-1 Approve the Elimination of the Two 50% Permanent Part-time Planning Technician Allocations, Add One Full-time Planning Technician Allocation in the Planning Department and Amend the Minimum Qualifications to the Planning Technician Job Description (County Administrative Officer/Personnel/Risk Manager); Res. 07-334 CA-2 Approve the Second Amendment to Agreement with Daniel Smith & Associates for a Capital Improvement Program and Impact Fee Ordinance Analysis Extending the Term to December 31, 2007 and Authorize the Board of Supervisors Chair to Sign the Amendment (County Administrative Officer/Personnel/Risk Manager); Res. 07-335 CA-3 Approve Budget Action Transferring Funds within the Board of Supervisors Budget for Travel Reimbursement Expenses for Fiscal Year 2006-2007 ($700) (County Administrative Officer/Personnel/Risk Manager); Res. 07-336 CA-4 Approve Budget Action Transferring Funds within the Indigent Defense Budget for Unanticipated Expenses Relating to Conflict Counsel in June 2007, for Fiscal Year 2006-2007 ($7,000) (County Administrative Officer/Personnel/Risk Manager); Res. 07- 337 ---PAGE BREAK--- 4 7-17-07 CA-5 Approve the Use of Title III Funding Secure Rural Schools and Community Self- Determination Act of 2000 (HR 2389) for the Continued Funding of the South West Interface Project (SWIFT) for Another Two Years - $29,280 and Continued Funding of the Mariposa County Fire Safe Council for Another Year - $51,400; Authorize the Board of Supervisors Chair to Sign the Agreement for the SWIFT Project and the Grant Agreement with the Mariposa County Fire Safe Council (County Administrative Officer/Personnel/Risk Manager); Res. 07-338 CA-6 Approve the Sierra San Joaquin Noxious Weed Alliance AB 2479 Agreement No. 06- 0740 with the California Department of Food and Agriculture (CDFA) for the Iberian Starthistle Survey and Eradication Project and the Leading Edge Yellow Starthistle Control and Management Project (Agricultural Commissioner); Res. 07-339 CA-7 Approve Agreements with John Progner and Custom Weed Control for Implementation of Various Mariposa County Noxious Weed Projects Including Arundo Eradication Project with USFS, Iberian Starthistle Survey and Eradication Project, Leading Edge Yellow Starthistle Management and Control Project and other Noxious Weed Projects and Authorize the Board of Supervisors Chair to Sign the Agreements (Agricultural Commissioner); Res. 07-340 CA-8 Approve an Agreement with Cascade Software Systems, Inc. for Software Maintenance and Support for Fiscal Year 2007-2008 and Authorize the Board of Supervisors Chair to Sign the Agreement (Public Works Director); Res. 07-341 CA-9 Approve Budget Action for Fiscal Year 2006-2007 Increasing Revenue and Expense for the Don Pedro Sewer Budget to Cover Anticipated Expenditures through June 30, 2007 ($9,000) (4/5ths Vote Required) (Public Works Director); Res. 07-342 CA-10 Authorize the Public Works Department to Fund the Senior Civil Engineer Position and Un-fund the Junior Engineer Position for Fiscal Year 2007-2008 (Public Works Director); Res. 07-343 CA-11 Ratify the Signature of the Board of Supervisors Chair on a Letter in Support of SB 542 Regarding the Equity in the Distribution of Gas Tax Monies for Counties with no Cities (Supervisor Pickard); Res. 07-344 CA-12 Approve Agreement with Milhous Children’s Services for Mental Health Services for Children Placed in Foster Care Outside the County and Authorize the Board of Supervisors Chair to Sign the Agreement (Human Services Director); Res. 07-345 CA-13 Approve the Mental Health Board By-laws as Amended by the Mental Health Board on June 5, 2007 (Human Services Director); Res. 07-346 CA-14 Approve an Amendment to Agreement with Changing Echoes for Residential Alcohol and Drug Treatment Services and Authorize the Board of Supervisors Chair to Sign the Agreement (Human Services Director); Res. 07-347 ---PAGE BREAK--- 5 7-17-07 11:59 a.m. Adjournment in memory of Carlie “Kelly” Warren Crisp, John Lawrence Gordo, Clarence Gallion “Ted” Tedrow, and Dennis Michael Lincoln. Respectfully submitted, MARGIE WILLIAMS, Clerk of the Board JANET BIBBY, Chair, Board of Supervisors