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Time Description 9:10 a.m. Meeting Called to Order at the Mariposa County Government Center with Supervisor Turpin excused. Pledge of Allegiance Introductions 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 BOARD ACTION: Chair Bibby advised that item 13 was withdrawn by the Public Works Director and will be rescheduled, and she commented on item 6. (M)Fritz, (S)Aborn, the balance of the items was approved/Ayes: Aborn, Bibby, Fritz, Pickard; Excused: Turpin. Public Presentation: For Items within the Jurisdiction of the Board and not on Today’s Agenda – none. Board Information Supervisor Fritz advised that she and Supervisor Aborn attended the Merced River Valley Plan Update scoping session on Thursday. The High Speed Rail meeting will be held in Merced on August 30th to take input on the routes. She advised that her District IV meeting for September 3rd won’t be held as this is a holiday; and she hopes everyone enjoys the Fair. Supervisor Aborn advised of a meeting held in Merced with the Sierra Club relative to the routes between the valley and the bay area for the High Speed Rail; and he noted that there will be a hearing in Merced on August 30th. Supervisor Bibby wished the children well with starting back to school on Wednesday. She advised that there is a meeting scheduled on Wednesday with Congressman Radanovich relative to the Ferguson rockslide. Dana Hertfelder, Public Works Director; Select and Approve the Public Member Position for the Mariposa County Solid Waste AB939 Local Task Force, Select Board Membership, Confirm the Membership and Direct Staff to Proceed with Convening the Group BOARD ACTION: Discussion was held Dana Hertfelder, and he advised that one letter of interest was received for the public member position; and he asked that the two Board members be selected. Input from the public was provided by the following: Ruth Sellers asked about advertisement for the public member vacancy; and she advised that the Solid Waste and Recycling Manager did not notify her of this vacancy as he has said that he would. Paul Chapman advised that he did not see the vacancy advertised in the newspaper or posted at the Hall of Records or the Library. MARIPOSA COUNTY BOARD OF SUPERVISORS SUMMARY OF PROCEEDINGS August 21, 2007 ---PAGE BREAK--- 2 8/21/07 Further discussion was held and Dana Hertfelder advised that the vacancy was posted. (M)Fritz, (S)Aborn, direction was given for the public member vacancy to be advertised in the newspaper and to be posted. The Board concurred with asking the County Administrative Officer to bring back a policy to clarify the process for filling vacancies for committees. Ayes: Aborn, Bibby, Fritz, Pickard; Excused: Turpin. Supervisor Turpin / Thomas P. Guarino, County Counsel; Adopt a Resolution Declaring the County of Mariposa’s Interest in the Coulterville Road BOARD ACTION: Chair Bibby advised of typographical corrections that were made to the second draft of the formal resolution. Discussion was held with County Counsel. Dana Hertfelder provided input on the Board’s previous action to abandon maintenance on a portion of Old Yosemite Highway; however, there was not a vacation of that portion. (M)Pickard, (S)Aborn, Res. 07-414 was adopted declaring the County’s interest in the Coulterville Road/Ayes: Aborn, Bibby, Fritz, Pickard; Excused: Turpin. Rick Peresan, Technical Services Director; Approve Agreement with AT&T for Reduced Rate Long Distance Service under the Call Net II State Contract and Authorize the Board of Supervisors Chair to Sign the Agreement and Related Forms BOARD ACTION: Discussion was held with Rick Peresan relative to the request, status of the Sprint service cards, toll free numbers, and other related issues. Input from the public was provided by the following: Ruth Catalan questioned whether there is a pre-payment clause for the Sprint cards; and she questioned whether long-distance calls are monitored. Dick Hutchinson asked about the possibility of having one-central phone system for the County. Rick Peresan responded to the questions. (M)Fritz, (S)Aborn, Res. 07-415 was adopted approving the agreement as recommended, and with direction for the Sprint cards to be reviewed/Ayes: Aborn, Bibby, Fritz, Pickard; Excused: Turpin. Kris Schenk, Planning Director; Approve an Agreement (Consisting of a Master Services Agreement and Task Order No. 1) with Hauge Brueck Associates, LLC to Undertake Implementation of the General Plan by Developing Comprehensive Road Standards for Mariposa County; Authorize the Expenditure of $25,000 Prior to the Adoption of the Final Budget and Authorize the Board of Supervisors Chair to Sign the Agreement BOARD ACTION: Discussion was held with Kris Schenk, and he provided a status report on the processing of the minimum road standards and the capital improvement program. Input from the public was provided by the following: Ruth Sellers expressed concern that the road widths would be decreased to eight-foot travel lanes, and she noted that U-haul’s are eight-feet. Kris Schenk clarified that the proposal is for nine-foot travel lanes and that is the State’s minimum standard. Paul Chapman stated he feels the State has a set of standards for roads and questioned why this process is necessary. (M)Pickard, (S)Fritz, Res. 07-416 was adopted approving the agreement as recommended/Ayes: Aborn, Bibby, Fritz, Pickard; Excused: Turpin. Kris Schenk, Planning Director / Dana Hertfelder, Public Works Director / Dr. Mosher, Health Officer; Approve a Proposed Agreement with MuniFinancial to Prepare a Comprehensive Study and Update of the Development Fees for Planning, Public Works and Environmental Health; Approve Expenditures Totaling $29,980 in the CAO Recommended Budget for Fiscal Year 2007-2008 for this Fee Study and Authorize the Board of Supervisors Chair to Sign the Agreement BOARD ACTION: Kris Schenk clarified that the contract amount is $28,980 and he clarified the allocation of costs for the departments. Discussion was held with Kris Schenk and Dr. Mosher. (M)Pickard, (S)Aborn, Res. 07-417 was adopted approving the agreement as recommended/Ayes: Aborn, Bibby, Fritz, Pickard; Excused: Turpin. ---PAGE BREAK--- 3 8/21/07 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: Discussion was held. Input was provided by the following: Dick Hutchinson advised of his discussion with Kevin Cann/Deputy Superintendent; and the Superintendent for Yosemite is in Washington D.C., working on this matter. Supervisor Pickard asked that our legislative representatives and the Governor be kept informed of the status of this project and discussions with CalTrans. (M)Pickard, (S)Fritz, Res. 07-418 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: Aborn, Bibby, Fritz, Pickard; Excused: Turpin. Adopt a Resolution Declaring the Board of Supervisors’ Intent to Purchase Real Property Located at 5393 Highway 49 North in Mariposa County (APN 012-340-002) because the Real Property is Suitable for the Relocation of Certain Activities of the Mariposa County Sheriff’s Department and Authorize the Board of Supervisors Chair to Sign the Land Purchase Agreement Opening Escrow (County Administrative Officer/Personnel/Risk Manager) BOARD ACTION: Discussion was held with Rick Benson, and he advised of a change to paying “normal closing costs” versus “buyer costs.” Input from the public was provided by the following: Paul Chapman commended the department head (Sheriff Allen) for planning for the future with this property. Jim Allen commended Undersheriff Muller for his work on this project, and he advised of their plans to use the facilities. (M)Aborn, (S)Fritz, Res. 07-419 was adopted declaring the intent to purchase as recommended/Ayes: Aborn, Bibby, Fritz, Pickard; Excused: Turpin. 10:38 a.m. CLOSED SESSION: Conference with Legal Counsel: Initiating of Litigation Pursuant to Subdivision of Government Code Section 54956.9; Number of Cases to be Discussed: 2 (County Counsel); and CLOSED SESSION: Conference with Legal Counsel: Existing Litigation: California Government Code Section 54956.9(a); Name of Claimant or Case Number and Name of Adverse Parties: Pacific Gas & Electric Company v. State Board of Equalization, County of Mariposa; et al Case No. 05CECG00003 MWS (County Counsel) BOARD ACTION: (M)Aborn, (S)Fritz, the closed sessions were held/Ayes: Aborn, Bibby, Fritz, Pickard; Excused: Turpin. 11:40 a.m. RESULTS OF CLOSED SESSIONS: Chair Bibby announced that direction was given to staff on the PG&E case; and direction was given to staff on one case of initiating litigation and information was received from staff on the second case. CONSENT AGENDA: CA-1 Approve an Agreement with Progress House, Inc. for Residential Alcohol and Drug Treatment Services and Authorize the Board of Supervisors Chair to Sign the Agreement (Human Services Director); Res. 07-397 CA-2 Approve an Agreement with Stanislaus County Behavioral Health and Recovery Services for Inpatient Services and Authorize the Board of Supervisors Chair to Sign the Agreement (Human Services Director); Res. 07-398 CA-3 Approve Budget Action for Fiscal Year 2006-2007 Transferring Funds from the Grantee - Designated Buddy Fund to Grantor - First 5 Commission per Request that all Unspent ---PAGE BREAK--- 4 8/21/07 Funds be Returned to them at the End of Fiscal Year 2006-2007 ($1,597) (4/5ths Vote Required) (Human Services Director); Res. 07-399 CA-4 Approve Budget Action for Fiscal Year 2006-2007 Transferring Funds within the Social Services Budget to Cover Unanticipated Increase in Statewide Automated Welfare System Maintenance and Operations ($1,500) (Human Services Director); Res. 07-400 CA-5 Authorize the Fire Chief to Apply for the 2007 SAFER (Staffing for Adequate Fire and Emergency Response) Recruitment and Retention Grant Program Funded by the Department of Homeland Security and FEMA (Fire Chief); Res. 07-401 CA-6 Authorize the Fire Chief to Apply for Allocated Funds for the 2007 Homeland Security Grant Program on Behalf of County Health, Fire and Sheriff’s Departments to Enhance Capabilities in the Event of Disasters, Terrorist Attacks and other Emergencies (Fire Chief); Res. 07-402 CA-7 Approve California Department of Veterans Affairs Subvention and Medi-Cal Certificates of Compliance for Fiscal Year 2007-2008 (Community Services Director); Res. 07-403 CA-8 Approve Budget Action for Fiscal Year 2006-2007 Transferring Funds within the Yosemite West Maintenance District Division of the Public Works Department to Cover Actual Expenditures through June 30, 2007 ($2,500) (Public Works Director); Res. 07- 404 CA-9 Approve Budget Action for Fiscal Year 2006-2007 Transferring Funds within the Coulterville Sewer Division of the Public Works Department to Cover Actual Reimbursable Expenditures of the Facilities and Roads Divisions through June 30, 2007 ($3,042) (Public Works Director); Res. 07-405 CA-10 Authorize Public Works to Waive Encroachment Permit Fee to Healing Nations (a Non- profit Organization) for a One-day Bike Ride through the Don Pedro Area (Public Works Director); Res. 07-406 CA-11 Approve Budget Action for Fiscal Year 2006-2007 Transferring Funds within the Solid Waste Division of the Public Works Department to Cover Actual Expenditures for Professional Services and for Unemployment through June 30, 2007 ($11,495) (Public Works Director); Res. 07-407 CA-12 Approve Budget Action for Fiscal Year 2006-2007 Transferring Funds within the Transportation Planning Budget of the Public Works Department to Allow for Roads Staff and Public Works Administration Staff to be Reimbursed for Work Related to Transportation Planning, and to Cover Accrued Benefits Expense ($28,408) (Public Works Director); Res. 07-408 CA-13 Approve an Amendment to Agreement with Fred Solomon to Extend the Agreement Term for Two Additional Months and for Additional Compensation in the Amount of $6,000 per Month and Authorize the Board of Supervisors Chair to Sign the Amendment for the Don Pedro Wastewater Treatment Facility Project (Public Works Director); item was withdrawn to be rescheduled CA-14 Approve an Amendment to Agreement with Roger Stephens Engineering for an Additional $7,000 to Design the Greeley Hill Pedestrian Walkway and Authorize the ---PAGE BREAK--- 5 8/21/07 Board of Supervisors Chair to Sign the Amendment (Public Works Director); Res. 07- 409 CA-15 Approve an Agreement with Twining Laboratories, Inc. to Provide Chemical Analysis for Various Facilities throughout the County in an Amount not to Exceed $50,000 and Authorize the Board of Supervisors Chair to Sign the Agreement (Public Works Director); Res. 07-410 CA-16 Approve a Court Security Services Agreement (Memorandum of Understanding) with Mariposa Superior Court for Security Services of the Sheriff’s Department and Authorize the Board of Supervisors Chair to Sign the Agreement (Sheriff); Res. 07-411 CA-17 Approve the Response of the Board of Supervisors to the 2006-2007 Mariposa County Grand Jury Final Report and Direct County Administration to Transmit the Response to the Presiding Judge of the Mariposa County Superior Court (County Administrative Officer/Personnel/Risk Manager); Res. 07-412 CA-18 Approve an Agreement with Allen, Proietti & Fagalde, LLP to Represent the County of Mariposa in the Michael and Jennifer Starr v. County of Mariposa, et al Matter and Authorize the Board of Supervisors Chair to Sign the Agreement (County Counsel); Res. 07-413 CA-19 Approval of Summary of Proceedings of August 7, 2007, Regular Meeting (Clerk of the Board) 11:41 a.m. Adjournment in memory of Jananne “Jan” Collins Vargo, Hubert “Hubbie” Robbins, and Mary Helen Steeley. Respectfully submitted, MARGIE WILLIAMS, Clerk of the Board JANET BIBBY, Chair, Board of Supervisors