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MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA June 28, 2005 Time Description 9:09 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Introductions Bob Pickard, Chairman; Presentation of Certificate of Recognition to Dieter Dubberke in Recognition of Receiving the 2005 Central California Excellence in Business Award and Congratulating Pioneer Market on Celebrating Twenty-Five Years of Outstanding Service to the Citizens and Visitors to Mariposa County BOARD ACTION: (M)Fritz, (S)Turpin, the Certificate was approved and presented to Dieter Dubberke/Ayes: Unanimous. Public Presentations: For Non-Timed Agenda Items including Attention, Information, and Consent Agenda, and for Items Not on the Agenda Dr. Mosher, Health Officer, provided a status report on the West Nile Virus, and he advised that it is in the areas surrounding the County. He advised that a task force has been established to test areas where there are seniors and children, those most at risk to the virus. Supervisor Bibby suggested that information be posted at the County parks. Chairman Pickard noted that the Board is supportive of using available avenues to get information to the public. Bob Rudzik, SCOPE member, and other members of SCOPE, advised that they had two “arrest warrants” for Supervisor Pickard in conjunction with the 4th of July celebration event, and they executed those “warrants” as a part of the fundraising effort to raise funds for the fireworks for 2006. Discussion was held relative to the “warrant” fundraiser effort and other events planned for the 4th of July celebration Board Information Supervisor Fritz advised of the 4th of July celebration planning meeting held last Wednesday, and she advised that another meeting is scheduled for Thursday. She also advised of her attendance at the Identify Theft program on Thursday. She advised that she and Supervisor Pickard attended the Mayors’ Conference in Fresno on Friday, and that Governor Schwarzenegger was a speaker, and she reviewed the issues that were discussed. She also advised of information that Susan Crain/Tourism Coordinator, received from a class at Berenda Elementary School in Madera that had an assignment of making a brochure for Mariposa County. Supervisor Stetson advised that he plans to attend the second Sierra Nevada Conservancy organizational meeting on Thursday in Sacramento. On July 28th, they will meet in Tuolumne County to explore the relationship between the counties and the conservancy. Supervisor Bibby commented on the luncheon shown on today’s agenda that is hosted by the Economic Development Corporation for the Board members and department heads and advised that she will not attend; however, County Counsel and the County Administrative Officer will be attending and she has asked them to be her eyes and ears to maintain compliance with the Brown Act requirements. He noted that the Health Fair was a successful event. She advised that on Monday, she was in Greeley Hill serving on an interview panel for a pre-school teacher and there were outstanding candidates that are dedicated to the future of the students. She also noted that she is still receiving numerous complaints relative to the condition of the roads. ---PAGE BREAK--- 2 6-28-05 Supervisor Turpin advised of his attendance at the Identify Theft program. He advised that this Saturday is the 36th annual deep pit barbeque in Coulterville by the Fire Brigade and there is a raffle for an ounce of gold. Supervisor Bibby advised that on July 2nd there will be a tree dedication at McCay Hall for Walt Palmer for his services to the community, and she invited the public to attend. Supervisor Turpin commented on the high water level at Lake McClure and Bagby. Supervisor Pickard advised of his attendance at the Majors’ Conference on Friday, and of the signing of an Executive Order by Governor Schwarzenegger wanting to partner with eight counties for economic success of the San Joaquin Valley Approval of Minutes 5-24-05, Regular Meeting BOARD ACTION: (M)Turpin, (S)Fritz, the minutes were approved as corrected/Ayes: Unanimous. Approval of Consent Agenda (See End of Minutes) BOARD ACTION: Supervisor Bibby advised of her discussion with County Counsel relative to corrections that needed to be made to Consent Agenda items 17 and 19 – the corrections were made relative to including the contractor’s address and correcting the contract amount. Supervisor Bibby pulled items 5, 6, and 17. Tom Guarino, County Counsel, advised of corrections that were made to Consent Agenda item 22 to reflect 2005 versus 2004. (M)Stetson, (S)Turpin, the balance of the items was approved/Ayes: Unanimous. Consent Agenda items 5 and 6 – Supervisor Bibby initiated discussion relative to the liability insurance requirements and the different lease amounts and the leasing of the premises to a private party. Rich Inman, County Administrative Officer/Risk Manager, advised that he is okay with the insurance requirements. Tom Guarino, County Counsel, advised that the lease is okay. Supervisor Bibby noted that the public still has access to the facility. (M)Bibby, (S)Stetson, items 5 and 6 were approved/Ayes: Unanimous. Supervisor Bibby advised of the availability of First 5 funding for pre-school programs. Consent Agenda item 17 – Supervisor Bibby noted that there are two different amounts shown on the contract. (M)Bibby, (S)Stetson, item 17 was approved with the correction to the contract to reflect $12,000/Ayes: Unanimous. Janet Bibby, Supervisor District III and Dianne Fritz, Supervisor District IV; Discussion, Direction, and Possible Action Regarding the Mariposa Parking District BOARD ACTION: Tom Guarino, County Counsel, gave a detailed presentation on the history of the Parking District, beginning with the formation of an Overall Economic Development Program Committee and the subsequent formation of the Vehicle Parking District of Mariposa, and the submittal of a grant application for the improvements. Later bonds were issued and the Mariposa Parking District was formed. He advised of recent discussions with the affected land owners relative to the available options as the leases are due to expire at the end of this year. Discussion was held relative to the options. Supervisor Pickard commented on the Board’s efforts in this matter, and of the purchase of the lot by Mariposa Creek for development as a parking lot. Tom Guarino also commented on the issue of separation of the County and the special districts for funding purposes. Input from the public was received from the following: Kevin Campbell, Pastor of the Mariposa United Methodist Church, stated he is uncomfortable with the discussion on the option of the Proposition 218 process. He commented on the importance of the parking to their facility. He stated he feels that the discussion needs to be broadened to look to see what other kinds of funding could be available. He noted that a viable downtown is part of a tourist-based economy. Chairman Pickard encouraged the affected property owners and staff, including the Board member liaisons – Supervisors Bibby and Fritz, to continue to work on these issues and to look at the possibility of extending the current leases. Supervisor Bibby requested that the County Administrative Officer review whether there are any economic development grants available to assist the Parking District. Lyn Maccarone, property owner, stated she is trying to visualize the economic impact to the County if there is no parking for the downtown area. She noted that any increase in costs to the property owners would be passed on to the tenants. She stated she feels that we need to have the parking for ---PAGE BREAK--- 3 6-28-05 economic development in Mariposa. She also noted that some of the parking spaces are taken all day for other uses. She suggested that perhaps consideration could be given to selling the “field of dreams” property, as it is not going to be what it was meant to be; and that the issues to be worked on should be prioritized. She also noted that the County paid fair market value for the “field of dreams” property and is not willing to consider the same for the parking lots. She stated she feels that the County has had plenty of time to figure these issues out, and she advised that she is willing to go with a two-year lease and is willing to sell. Supervisor Pickard noted that the other businesses have to pay liability insurance and maintenance costs for their parking, and they may see it as being inequitable if the County purchases and maintains the downtown parking lots. Discussion was held. Richard Clark, Mariposa United Methodist Church member of the Board of Trustees, commented on problems with the existing lease, and stated he feels the County should take more responsibility for what occurs in the parking lots. He noted that there is a problem with people parking and blocking the entrance. He further noted that they are in the Historic District, and it is important for the County to have the tourism. He questioned whether there are any grants available because it is a Historic District. Discussion was held relative to the issues and options; and consideration of meeting with the property owners relative to the Proposition 218 assessment process and the other options. Chairman Pickard reviewed the following options: Proposition 218 process with the existing parcels in the District; Proposition 218 process with expanded boundaries; determine whether any of the property owners are interested in donating the property to the District; determine the consequences of not having parking lots in the District when the leases expire; and continuing with the District. Tom Guarino asked for clarification of “property owners” and whether that includes just the property owners or all of the businesses. Supervisor Fritz stated she feels it should also include the businesses and tenants in the downtown area. Rich Inman, County Administrative Officer, suggested that this matter be referred back to him and County Counsel to work with Supervisors Bibby and Fritz, and they will come back to the Board on July 12, 2005, with information on the options and strategies, and the Board concurred. Supervisor Bibby thanked the downtown property owners and businesses for their participation in this process. Cathi Boze, Agricultural Commissioner/Sealer; Presentation of the 2004 Mariposa County Agricultural Crop & Livestock Report BOARD ACTION: Cathi Boze presented the report. Chairman Pickard commented on the Board’s efforts with the General Plan Update to take pro-active steps to protect agriculture. Discussion was held. Supervisor Turpin asked about getting information out to the lessee holders of grazing land relative to the loss of rangeland if the leases are not kept current. Cathi advised that she feels that the agencies send out letters. Gail Neal, Chief Probation Officer; A) Adopt a Resolution Accepting Funding for Fiscal Year 2005-2006 in the Amount of $72,001 for the Continuation of the Mariposa County Alternative Juvenile Detention Program (Formerly Known as Jail Removal Program) Administered by the California Board of Corrections, and Increase the Allocation of Two Sixty Percent Part-Time Juvenile Supervisor Allocations to One Hundred Percent BOARD ACTION; Discussion was held with Gail Neal, and she advised of changes in their operations to qualify for the funds – alternative incarceration with monitoring, community service programs, and increasing two 60% positions to 100%. Discussion was held. (M)Fritz, (S)Stetson, Res. 05-307 was adopting accepting the funding/Ayes: Unanimous. B) Authorize the Chairman of the Board of Supervisors to Accept Funding for Fiscal Year 2005-2006 in the Amount of $178,848 for the Continuation of the Mariposa County Drug Task Force Grant Administered by the Office of Emergency Services (OES) (Chief Probation Officer) BOARD ACTION: Discussion was held with Gail Neal. (M)Stetson, (S)Bibby, Res. 05-308 was adopted accepting the funding/Ayes: Unanimous. ---PAGE BREAK--- 4 6-28-05 Marjorie Wass, Treasurer/Tax Collector/County Clerk; Authorize the Chairman of the Board of Supervisors to Sign a Contract with Sequoia Voting Systems in the Amount of $395,615.70; Select a Method of Payment; Direct Staff to Prepare the Correct Budget Action Forms for the 2005-2006 Budget Year; and Authorize the Purchase of the Sequoia Voting System Prior to the Adoption of the Final Budget BOARD ACTION: Discussion was held with Marjorie Wass. Supervisor Bibby asked for clarification relative to the purchase of the extended warranty. Discussion was held relative to the financing. (M)Fritz, (S)Stetson, Res. 05-309 was adopted approving the recommended actions/Ayes: Unanimous. 11:39 a.m. Lyle Turpin, Supervisor District II; Presentation by John Swanson, District Ranger, Regarding Groveland Ranger District – Stanislaus National Forest BOARD ACTION: Supervisor Turpin advised that he would like for the Board to proceed with this item, even if it goes into the lunch time. The Board concurred and took a short recess. 11:40 a.m. Recess 11:47 a.m. The Board reconvened with Supervisor Pickard excused for the rest of the meeting. Supervisor Turpin introduced John Swanson. John provided information and initiated discussion on the following topics: Groveland Ranger District in Mariposa County; synopsis of April 28th field trip with Mariposa County community leaders; bridge at the historic Jordan Barn; Groveland Ranger District fire staffing in 2005 for Wildland fire protection; recent Wildland fire history on Stanislaus National Forest; interagency cooperation in fire protection; fuel reduction and forest restoration projects/timber production; and OHV (off-highway vehicle) designation planning. John also advised of the Centennial Celebration for the Forest Service for the first century of service – an event is scheduled for the Stanislaus Forest for October 15th at the Sonora Fairgrounds, and he will provide more information. Discussion was held relative to the status of eradicating the yellow Starthistle and the status of development of Bower Cave. The Forest Service was complimented on the fuel reduction efforts. The Board thanked John for the presentation. 12:32 p.m. Luncheon, Hosted by the Economic Development Corporation (EDC) at the Best Western Yosemite Way Station, for Board Members and Department Heads NOTE: No County Business will be Conducted 1:40 p.m. Rich Inman, County Administrative Officer; PUBLIC HEARING and Presentation of Proposed Operating Budget and Adoption of Operating Budget for Fiscal Year 2005-2006 (Final Budget to be Adopted in September) BOARD ACTION: Rich Inman presented the staff report, and he thanked Mary Hodson, Deputy County Administrative Officer, for her work in compiling the budget document. Rich gave a brief overview of the budget and the process. The public portion of the hearing was opened and input was provided by the following. Paul Chapman asked the Board to stop this process, and he again called for the establishment of a committee of citizens that represent a cross section of the public to review the budget. He stated he feels that things need to be fixed now, and that the public safety (Sheriff) needs more funding. He questioned the contribution to the Arts Council, etc., in lieu of public safety, etc. Jim Allen, Sheriff, reviewed the status of the Sheriff’s Department staffing and budget, and the budget request that he submitted for new deputy and jail officer positions. He also reviewed the increase in calls for service, and he requested the Board’s assistance in helping to keep the County safe. Rich Inman noted that there are operational and facility issues in the County to be considered. He advised that he plans to bring the issue of impact fees to the Board for the final budget, along with an evaluation of the fee structure and what is being charged for County services. ---PAGE BREAK--- 5 6-28-05 The public portion of the hearing was closed and the Board commenced with deliberations. Staff responded to questions from the Board relative to the budget process. (M)Fritz, (S)Bibby, Res. 05-310 was adopted adopting the proposed budget, and the motion was held pending further deliberations. Staff responded to additional questions from the Board relative to the status of revenues that are still coming in; changes in the insurance line items; status of Proposition 40 funds for the Catheys Valley park; status of the vehicle request for the Farm Advisor; status of the budget for the Mariposa Pines Sewer District; and the status of the reorganization of Public Works. Rich Inman advised that he will bring a presentation to the Board on the insurance fund before the final budget hearing in September. Supervisor Bibby requested that staff work with Public Works on the Catheys Valley park project and the leach field issue. Ayes: Stetson, Turpin, Bibby, Fritz; Excused: Pickard. The hearing was closed. Discussion and Possible Further Action Regarding the Local Emergency Due to the Flooding that Occurred throughout the County (County Counsel) BOARD ACTION: Supervisor Bibby noted that the dig-out repairs on Merced Falls and Hornitos Roads are not holding. She also commented on the calls she receives with people having vehicle problems and flat tires as a result of the road conditions. She noted that slides are occurring on the hillsides as a result of the storm damages. Supervisor Stetson commented on the problems on Whitlock Road. Supervisor Turpin commented on the need to have the road crews fully staffed. (M)Bibby, (S)Turpin, Res. 05-311 was adopted continuing the local emergency due to the flooding that occurred/Ayes: Stetson, Turpin, Bibby, Fritz; Excused: Pickard. CLOSED SESSION: Conference with County Labor Negotiator: Name of Employee Organization: SEIU Local 250 – In-Home Supportive Services (IHSS); Name of County Designated Representative: Jeff Green (County Administrative Officer) BOARD ACTION: Rich Inman, County Administrative Officer, advised that it is not necessary to hold this closed session. CLOSED SESSION: Conference with Legal Counsel; Existing Litigation: California Government Code Section 54956.9(a); Dean v. County of Mariposa (County Counsel) BOARD ACTION: This closed session was continued to July 12, 2005. Kris Schenk, Planning Director; PUBLIC HEARING Relative to General Plan/Zoning Amendment No. 2005-23 and Commercial- Industrial-Manufacturing Plan No. 2005-73, John Moore and Joseph McGrath, dba Yosemite Ridge Resorts, Applicants. Property Located at 7589 State Highway 120, APN 004-020-010 NOTE: Public Hearing has been Rescheduled and Renoticed for July 12, 2005 at 11:00 a.m. 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. 05-285 CA-2 Approve Budget Action Transferring Funds from the Don Pedro Sewer Utility Capital Fund to the Don Pedro Sewer Budget to Cover the Cost of Professional Services through the end of the Fiscal Year ($16,500) (4/5ths Vote Required) (Public Works Director); Res. 05-286 CA-3 Approve Budget Action Transferring Funds from the Coulterville Utility Capital Fund to the Coulterville Service Area Budget to Cover the Cost of Repairing the Grinder for the Sewer Treatment Plant ($9,500) (4/5ths Vote Required) (Public Works Director); Res. 05-287 ---PAGE BREAK--- 6 6-28-05 CA-4 Approve Budget Action Transferring Funds within the Compost Project Budget to Cover Necessary Costs through the end of the Fiscal Year ($30,000) (Public Works Director); Res. 05-288 CA-5 Adopt a Resolution Authorizing the Chairman of the Board of Supervisors to Execute a Lease Agreement with Mariposa Preschool Cooperative, a California Non-Profit Corporation, for Use of the Woodland Community Building for Fiscal Year 2005-2006 (County Counsel); Res. 05-304 CA-6 Adopt a Resolution Authorizing the Chairman of the Board of Supervisors to Execute a Lease Agreement with Almost Like Home, Inc., a California Non- Profit Corporation, for Use of the Woodland Community Building (County Counsel); Res. 05-305 CA-7 Approve Budget Action Transferring Funds within the Tourism Budget Unit to Balance Line Items due to Updated Contract Amounts and Change in Visitor’s Bureau Personnel ($10,739) (Tourism Coordinator); Res. 05-289 CA-8 Approve Budget Action Transferring Funds within the Farm Advisor Budget Unit to Cover the Cost of Increased Vehicle Usage by the Master Gardener and Farm Advisor Programs ($1,760) (Farm Advisor); Res. 05-290 CA-9 Adopt a Resolution Approving the State of California Office of Emergency Services District Attorney Victim/Witness Program Grant in the Amount of $86,336 (District Attorney); Res. 05-291 CA-10 Adopt a Resolution Authorizing the Chairman of the Board of Supervisors to Sign Pesticide Application Reporting Contract No. 05-0020C for Fiscal Year 2005- 2006 with California Department of Pesticide Regulation (CDPR) (Agricultural Commissioner); Res. 05-292 CA-11 Adopt a Resolution Authorizing the Chairman of the Board of Supervisors to Sign Sudden Oak Death (SOD) Program Agreement No. 04-0911 for the Period of March through June 2005, with California Department of Food and Agriculture (CDFA) (Agricultural Commissioner); Res. 05-293 CA-12 Approve Budget Action Transferring Funds within the Alcohol and Drug Budget Unit to Cover Costs through the end of the Fiscal Year ($5,650) (Human Services Director); Res. 05-294 CA-13 Approve a Behavioral Health Contract for Residential Alcohol and Drug Treatment Services with Progress House, Inc. and Authorize the Chairman of the Board of Supervisors to Sign the Contract (Human Services Director); Res. 05- 295 CA-14 Approve Continuing a Behavioral Health Contract for Residential Alcohol and Drug Treatment Services with Changing Echoes and Authorize the Chairman of the Board of Supervisors to Sign the Contract (Human Services Director); Res. 05-296 CA-15 Approve a Behavioral Health Contract for Residential Alcohol and Drug Treatment Services with Acacia Board and Care and Authorize the Chairman of ---PAGE BREAK--- 7 6-28-05 the Board of Supervisors to Sign the Contract (Human Services Director); Res. 05-297 CA-16 Authorize Behavioral Health to Continue the Professional Service Agreement with Volney Dunavan for Alcohol and Drug Programs until Full-Time Staff can be Hired and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Human Services Director); Res. 05-298 CA-17 Authorize Behavioral Health to Contract with Kings View Corporation for Continued Use of their Management Information System and Authorize the Chairman of the Board of Supervisors to Sign the Contract (Human Services Director); Res. 05-306, with a correction to the contract to reflect $12,000 CA-18 Approve Continuing a Behavioral Health Contract for Residential Alcohol and Drug Treatment Services with Comprehensive Alcohol Program, Inc. and Authorize the Chairman of the Board of Supervisors to Sign the Contract (Human Services Director); Res. 05-299 CA-19 Approve Continuing a Professional Service Agreement with Nanette Oswald, an American Sign Language Interpreter for the Hearing Impaired and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Human Services Director); Res. 05-300 CA-20 Authorize Behavioral Health to Enter into a Professional Service Agreement with Valerie Edwards for Alcohol and Drug Programs until Full-Time Staff Can be Hired and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Human Services Director); Res. 05-301 CA-21 Adopt a Resolution Authorizing the Chairman of the Board of Supervisors to Sign Administrative Match Agreement between County of Mariposa and Area 12 Agency on Aging for In-Kind Legal Services in the Amount of $21,378 for Fiscal Year 2005-2006 (Chairman Pickard); Res. 05-302 CA-22 Adopt a Resolution Authorizing County Counsel to Retain Best, Best & Krieger, LLP and Authorize the Chairman of the Board of Supervisors to Sign a Legal Services Agreement to Represent the County of Mariposa in the Dean v. County of Mariposa Matter (County Counsel); Res. 05-303 2:22 p.m. Adjournment in memory of Rose Ann Brixius and Rita Jane Johnson. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board