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Time Description 9:10 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Introductions – Chairman Stetson introduced Brad Aborn, Supervisor-elect for District I. 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: Dave Martin, District Ranger for the Sierra National Forest, provided a status report on the Ferguson slide, and he advised of CalTrans’ plans to install a temporary bridge to cross the Merced River to reroute Highway 140. Discussion was held. Dana Hertfelder, Public Works Director, advised of request received from CalTrans for an encroachment permit for this project and to use Incline Road, and improvements that will need to be made. Susan Crain, Tourism Coordinator, asked for clarification of how the traffic would be monitored, and was advised that the details are being worked out. Dave Martin advised that the emergency response plan is finished and they are planning to post it to the web. They are working with CalTrans to migrate public information to their public affairs staff. The geology report is finished, and they will try to post it to the web also. (M)Pickard, (S)Fritz, Res. 06-275 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. Public Presentation: For Non-Timed Agenda Items including Attention, Information, and Consent Agenda, and for Items Not on the Agenda Rita Kidd, Chairman for the MERG Committee for the Preservation of Catheys Valley and Hornitos, presented a letter containing ground water facts from the California Department of Water Resources. She advised that this is the first of a series of reports back to the Board on issues that have been raised over the past few months; and she reviewed the information. She noted that they have requested that the Board place a parcelization moratorium on western-lying lands of the County and that the Board establish a Hornitos Community Planning Area Advisory Committee. She also requested that the type of study of ground water that is described in the California Department of Water Resources Water Fact No. 2 in the package be a collaborative effort between the Board of Supervisors, the Water Agency and LAFCo (Local Agency Formation Commission) and the Resource Conservation District. She noted that information was compiled in a pre-GIS format in 1979 and 1980 based on well log data, and she hopes that information is still available and will help with this request. She requested that this be scheduled on the agenda as soon as possible. Len McKenzie, representing MERG, expressed concern with Consent Agenda item 6 – agreement with Abbott & Kindermann. He questioned the need to hire outside counsel and the expense; and he questioned whether this is an appropriate firm as there are questions and issues they feel should be addressed. He requested that this item be pulled from the Consent Agenda and scheduled as a timed matter on a future agenda. Ken Gosting, Executive Director for TIE (Transportation Involves Everyone), presented a letter relative to the Street Fair and Farmer’s Market. He commended Dell Knell and Supervisor Fritz for taking an aggressive and positive action with this event. However, he feels that the event should be MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA June 27, 2006 ---PAGE BREAK--- 2 6-27-06 relocated to the Courthouse, or to lower 5th Street and the Arts Park area where he feels it would be more visible to the public. He expressed concern with the location in relation to the YARTS bus stop zone and MPUD access with their fire apparatus. He also provided suggestions for advertising. He asked that the bus zone be posted with “no parking” signs if the event continues on 7th Street. Ruth Sellers stated she felt that the Street Fair was really nice. She feels that the Farmer’s Market was hidden and she suggested that she feels there could be a better location. She also asked what the revenue would be used for that is being charged for the vendor spaces. Paul Chapman referred to Consent Agenda items: item 6 – he questioned the need to spend another $50,000 for an outside law firm; item 15 – he questioned the timeframes and expenditures; and items 21 and 22 – he questioned the expenditures for tourism promotion, stated he feels these requests should be considered during the budget hearing process, and he again asked that a committee be established to oversee the budget review. Eleanor Keuning commented on Consent Agenda items 21 and 22 and the need to promote the County, especially with the landslide and closure of Highway 140 enroute to Yosemite National Park. She stated she feels the alternate routes through the County should be encouraged, especially through Coulterville and Greeley Hill. She referred to recent Sunset and VIA magazine advertising and questioned where the budget goes to advertise the County. Board Information Supervisor Bibby advised that due to a family emergency she has been unable to respond to phone calls and emails, and it will take her some time to respond. Supervisor Fritz advised that the first Street Fair/Farmer’s Market event at 7th Street was a success. She noted that the fee being charged for the vendor space is going to be used for entertainment and to offset advertising costs, and she advised that they are cognizant of the parking and fire access issues. She attended a parking district meeting on Thursday. Supervisor Turpin advised that the Coulterville Fire Brigade’s 37th annual deep pit BBQ is scheduled for July 1st. A District II meeting is scheduled for July 6th and Elnora George. John C. Fremont Healthcare, will attend to discuss the possibility of establishing a health clinic in the Greeley Hill area. On Monday, he attended a meeting with the Great Valley Center and AT&T, and discussion was held relative to high-speed internet and they were advised that a satellite program is available. He provided input on encouraging the use of Highway 132 as an alternate route to Yosemite. Supervisor Fritz advised that the Chamber of Commerce’s “Business After Hours” event is scheduled for this evening at Martha’s Boutique Gift Gallery. Approval of Consent Agenda (See End of Minutes) BOARD ACTION: Chairman Stetson advised that items 21 and 22 have been pulled from the agenda. Supervisor Bibby pulled item 26. Supervisor Turpin pulled item 15. Consent Agenda item 26 – agreement with the Chamber of Commerce for Visitors Bureau office space. Supervisor Bibby noted that the dollar amounts and date on the action form do not match the agreement. It was clarified that the agreement is correct and that the action form needs to be corrected to match the agreement. At 10:02 a.m., Supervisor Fritz advised of a potential conflict of interest in this matter as she is a member of the Board of Directors for the Chamber of Commerce, and she excused herself from this matter. (M)Bibby, (S)Turpin, item 26 was approved, with the corrections to the action form as noted/Ayes: Stetson, Turpin, Bibby; Pickard; Excused: Fritz. Consent Agenda item 15 – budget action in the Road Special Projects Fund. Dana Hertfelder, Public Works Director, provided input on the status of the March 2005, flood repair projects. Supervisor Turpin noted that they are petitioning for more work on Merced Falls Road. (M)Turpin, (S)Pickard, item 15 and the balance of the Consent Agenda were approved/Ayes: Unanimous. Cheryle Rutherford-Kelly, Human Services Director; Present an Update on the Progress of the Prevention, Intervention and Treatment Programs Implemented in the Mariposa Elementary and Middle School, Mariposa High School and the Spring Hill School ---PAGE BREAK--- 3 6-27-06 BOARD ACTION: Cheryle Rutherford-Kelly advised that John Lawless, Deputy Director of Behavioral Health, and John Phillips, Alcohol and Drug Program Supervisor, were present to respond to questions. Staff presented an update on the programs implemented at the schools. Supervisor Bibby initiated discussion relative to Spring Hill High School prom event and the services received, and she asked whether the Alcohol and Drug Abuse Advisory Board approved the event. Staff responded and advised of the planning process for the programs. No action was necessary. Approval of Minutes of May 23, 2006, Regular Meeting (Clerk of the Board) BOARD ACTION: (M)Pickard, (S)Bibby, the minutes were approved/Ayes: Unanimous. Tentatively Approve the use of Title III Funding from the Secure Rural Schools and Community Self- Determination Act of 2000 (HR 2389) for a Yosemite Sequoia Resource Conservation & Development Council Project (Supervisor Pickard) BOARD ACTION: Discussion was held with Robyn Smith, Coordinator for Yosemite Sequoia Resource Conservation & Development Council, relative to the request to develop a booklet for Mariposa County that is similar to the “Welcome to the Foothills” booklet that was developed for Eastern Madera County. Supervisor Pickard advised of interest from other entities in participating in this project. Input from the public was provided by the following: Ruth Catalan, member of the Board of Directors for the Resource Conservation District, advised of their support for this project. (M)Turpin, (S)Fritz, Res. 06-301 was adopted tentatively approving the use of the Title III funding as requested; and direction was given to staff to initiate the 45-day comment period and to bring this back for final action. Supervisor Bibby suggested that participation be sought from other departments for the booklet, and that the Farm Advisor be listed as a resource. Ayes: Unanimous. 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 (County Counsel) BOARD ACTION: Chairman Stetson advised that this closed session is not needed. CLOSED SESSION: Liability Claims: Claimant Name: David Goger, Claim Number: C06-3, Name of Agency Sued: County of Mariposa (Interim County Administrative Officer/County Counsel) BOARD ACTION: This closed session was continued to July 11, 2006, for the Interim County Administrative Officer/Risk Manager to be present. CLOSED SESSION: Liability Claims: Claimant Name: Justine N. Gilbert, Claim Number: C06-4, Name of Agency Sued: County of Mariposa (Interim County Administrative Officer/County Counsel) BOARD ACTION: This closed session was not held. 10:55 a.m. Recess 11:12 a.m. Tom Guarino, County Counsel; Adopt a Resolution Authorizing the Chairman of the Board of Supervisors to Sign a Memorandum of Understanding with the Administrative Office of the Courts and the County of Mariposa for the Continued use of the Historic Mariposa County Courthouse Pursuant to Government Code Section 70329 BOARD ACTION: Tom Guarino presented the staff report, and he asked the Board to recess the meeting to the Courthouse after taking action for the official signing of the Memorandum of Understanding. Board members commended Tom Guarino for his efforts in obtaining this Memorandum of Understanding which provides for the protection of the Courthouse. (M)Pickard, (S)Fritz, Res. 06-302 was adopted approving the Memorandum of Understanding/Ayes: Unanimous. Chairman Stetson called for input from the public and none was received. ---PAGE BREAK--- 4 6-27-06 11:16 a.m. Recess 11:40 a.m. The Board reconvened at the Courthouse for the signing ceremony of the Memorandum of Understanding between the Administrative Office of the Courts and the County of Mariposa for the continued use of the historic Mariposa County Courthouse pursuant to Government Code Section 70329. Chairman Stetson welcomed everyone and provided information on the history of the Courthouse. Judge Wayne Parrish, Presiding Judge of the Superior Court, acknowledged the presence of Judge Walton, Superior Court, and the members of the Board of Supervisors. He recognized Supervisor Pickard and former Supervisor Balmain for their work with Senator Poochigian and Cogdill and the Administrative Office of the Courts in reaching this agreement. Judge Ronald M. George, Chief Justice of California and Chair of the Judicial Council, noted that Mariposa is the first county in the state to complete the provisions outlined by the Trial Court Facilities Act of 2002 concerning the State’s stewardship under the governance of the Judicial Council. He noted that this caps nine years of efforts by the legislature, the Trial Court Funding Act of 1997, which made funding of court operations a state responsibility. William “Bill” C. Vickrey, Administrative Director of the Courts, invited the following to join him in signing the Memorandum of Understanding: Judge Parrish, Chairman Stetson and Tom Guarino. After signing the Memorandum of Understanding, Bill Vickrey presented resolutions from the Administrative Office of the Courts to the Chairman Stetson, Judge Parrish and Cyndi Busse, Court Executive Officer. MaryAlice Kaloostian, representing Senator Poochigian, and Bob Wiedman, representing Cogdill, presented a Certificate of Recognition to the County for being the first in the state to complete the provisions of the Trial Court Facilities Act of 2002. Chairman Stetson recognized the presence of former Supervisor Garry Parker. 12:11 p.m. (M)Turpin, (S)Fritz, the meeting was adjourned and refreshments were served/Ayes: Unanimous. CONSENT AGENDA: CA-1 Approve Budget Action Transferring Funds within the County Fire Budget to Cover Unanticipated Increases in Fuel and Utility Costs ($9,800) (Fire Chief); Res. 06-277 CA-2 Approve Budget Action Transferring Funds within the Indigent Defense Budget and Reducing General Fund Contingency ($30,000) (4/5ths Vote Required) (Interim County Administrative Officer); Res. 06-278 CA-3 Ratify the Signature of the Chairman of the Board of Supervisors to a Letter Supporting AB 1634 (McCarthy) Seeking Funding to Reimburse Counties for their Cost of the Special Election in November 2005 (Interim County Administrative Officer); Res. 06-279 CA-4 Approve the Plan of Cooperation between Mariposa County Department of Child Support Services and Mariposa County Superior Court and Authorize the Chairman of the Board of Supervisors to Sign the Plan (Child Support Services Director); Res. 06-280 CA-5 Approve an Administrative Match Agreement between the County of Mariposa and Area 12 Agency on Aging for in-kind Legal Services for Fiscal Year 2006- ---PAGE BREAK--- 5 6-27-06 2007 and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Supervisor Pickard); Res. 06-281 CA-6 Approve a Professional Services Agreement with Abbott & Kindermann, LLP to Perform Legal Services in the Area of Land use Advice, Consultation and Representation and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (County Counsel); Res. 06-282 CA-7 Approve Agreement #G8812-06-0056 with National Park Service to Provide “El Portal Ambulance” First Response Vehicle in El Portal Corridor (Health Officer); Res. 06-283 CA-8 Approve the Third Amendment to Personal Services Agreement with Dana Tofoya and Authorize the Chairman of the Board of Supervisors to Sign the Amendment (Health Officer); Res. 06-284 CA-9 Approve an Amendment with Public Health Emergency Preparedness Grant to add Pandemic Flu Planning and Response Preparation and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Health Officer); Res. 06-285 CA-10 Approve Budget Action Transferring Funds within the Assessor-Recorder Budget to Cover Emergency Extra Help Positions ($12,800) (Assessor-Recorder); Res. 06-286 CA-11 Approve Budget Action Increasing Revenue in the Treasurer Budget to Cover Unanticipated Investment Expenses ($2,000) (4/5ths Vote Required) (Treasurer/Tax Collector/County Clerk); Res. 06-287 CA-12 Approve Budget Action Increasing Revenue in the Election Budget to Cover Unanticipated Election Expenses ($3,900) (4/5ths Vote Required) (Treasurer/Tax Collector/County Clerk); Res. 06-288 CA-13 Approve Budget Action Transferring Unspent California Aid to Airports Program (CAAP) Funds from the Airport Budget to Special Aviation Fund ($14,000) (4/5ths Vote Required) (Public Works Director); Res. 06-289 CA-14 Approve Budget Action Transferring Funds within the Road Division Budget to Cover Anticipated Expenditures through the end of the Fiscal Year ($15,600) (Public Works Director); Res. 06-290 CA-15 Approve Budget Action Increasing Revenue and Appropriations in the Road Special Projects Fund to Cover Additional Road Repairs Related to the Flood of March 22, 2005 ($650,000) (4/5ths Vote Required) (Public Works Director); Res. 06-291 CA-16 Approve the Second Amendment to Agreement with Chase’s Foothill Petroleum to Provide Fuel for the County’s Fleet and Authorize the Chairman of the Board of Supervisors to Sign the Amendment (Public Works Director); Res. 06-292 CA-17 Approve the Third Amendment to Agreement with Chase’s Foothill Petroleum to Provide Oil and Miscellaneous Fluids for the County’s Fleet and Authorize the Chairman of the Board of Supervisors to Sign the Amendment (Public Works Director); Res. 06-293 ---PAGE BREAK--- 6 6-27-06 CA-18 Authorize the Mariposa County Librarian to Apply and Accept the LSTA Grant- Live Homework Help (Librarian); Res. 06-294 CA-19 Approve a Letter of Intent between Area 12 Agency on Aging and Mariposa County for Congregate Nutrition, Congregate Restaurant Nutrition, Home Delivered Nutrition and Transportation Services and Authorize the Chairman of the Board of Supervisors to Sign the Letter (Community Services Director); Res. 06-295 CA-20 Approve Budget Action Transferring Funds within the Community Services Budgets to Cover Temporary Help ($800) (Community Services Director); Res. 06-296 CA-21 Approve a Personal Services Agreement with Daniel J. Edelman Company to Provide Public Relations Services to the Visitors Bureau and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Interim County Administrative Officer); item was pulled from the agenda CA-22 Approve an Agreement with Hospitality Management for Fiscal Year 2006-2007 and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Interim County Administrative Officer); item was pulled from the agenda CA-23 Approve an Agreement for a Mariposa County Foster Family Receiving Home and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Human Services Director); Res. 06-297 CA-24 Recommend the Rejection of Claim No. C06-3 Filed by David Goger in the Amount of $500,000 and Authorize the Chairman of the Board of Supervisors to Sign a Notice of the Rejection (Personnel/Risk Management); Res. 06-298 CA-25 Recommend the Rejection of Claim No. C06-4 Filed by Justine N. Gilbert in the Amount of $135.04 and Authorize the Chairman of the Board of Supervisors to Sign a Notice of the Rejection (Personnel/Risk Management); Res. 06-299 CA-26 Approve a Lease Agreement between Mariposa County Visitors Bureau and Mariposa County Chamber of Commerce for Visitors Bureau Office Space and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Tourism); Res. 06-276 CA-27 Approve an Agreement between Mariposa County Chamber of Commerce and Mariposa County for the Operation of the Visitors Centers in the Towns of Mariposa and Coulterville for Fiscal Year 2006-2007 and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Tourism); Res. 06-300 12:11 p.m. Adjournment Respectfully submitted, MARGIE WILLIAMS Clerk of the Board