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Time Description 9:03 a.m. Meeting Called to Order at the Mariposa County Government Center with Supervisor Bibby 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: Input from the public was provided by the following: Paul Chapman questioned approving the items from Human Services when he feels there is the potential for future budget cuts; and he commented on items 20/budget action for Airport fuel – doesn’t feel the County should subsidize, 22/contract with Allen, Proietti & Fagalde, LLP – questioned selection of this firm, and 23/agreement with Sequoia Voting Services – feels action on this should be held until after the item to initiate the formation of County Service Area No. 3. Supervisor Turpin pulled items 2 and 23. (M)Fritz, the balance of the items was approved. Supervisor Aborn pulled item 10, and seconded the amended motion to approve the balance of items/Ayes: Aborn, Turpin, Fritz, Pickard; Excused: Bibby. Public Presentation: For Items within the Jurisdiction of the Board and not on Today’s Agenda. Eleanor Keuning stated she is thankful that Leonard Road was graded. She referred to Consent Agenda item 23 and the track record for Sequoia Voting Services. She invited everyone to the May 29th Kiwanis’s pre-school graduation and noted that this is their first graduation. Theresa Castaldi provided input on the second annual Catheys Valley Fair held at Coyote Springs Guest Ranch over the weekend; advised of the stagecoach incident; and thanked the County Departments for their assistance and the Yosemite Mariposa Tourism Bureau for advertising the event. She presented a copy of the program for the event. Paul Chapman stated he feels the stagecoach accident is a reason that this type of event should not be allowed. Sheryl Leisure, Coyote Springs, commented on the grand opening of the Model Horse, Wildlife and Livestock Museum and Equine Art and Education Center. Board Information Supervisor Fritz advised that her recovery is still going strong from her recent surgery. Supervisor Turpin advised that he participated in the Pandemic Flu exercise; he attended the Red Cloud Library meeting; he attended the CalTrans open house in El Portal on May 22nd for the Ferguson Rockslide restoration project; and he attended the VFW Memorial Day Service on Saturday. MARIPOSA COUNTY BOARD OF SUPERVISORS SUMMARY OF PROCEEDINGS May 27, 2008 ---PAGE BREAK--- 2 5-27-08 9:20 a.m. Terry McLaughlin, Upper Merced River Watershed Council; PowerPoint Presentation “Portrait of a Watershed” BOARD ACTION: Terry McLaughlin, Executive Coordinator, introduced the following staff: Connie Nielson and Anne Steed – Coordinators; and the following Executive Committee members: Len McKenzie, Dr. Michael Martin, and Don Fox. She gave a presentation on their organization and its history and activities and the FERC (Federal Energy Regulatory Commission) relicensing for Merced Irrigation District and PG&E’s hydropower project. Discussion was held. Dr. Martin, Chair of Fisheries for the Council, provided input on his experience with FERC relicensing projects. Leroy Radanovich, Chair of the Water Agency Advisory Board, thanked the Council for inviting him to meet with them; and he commented on the Advisory Board’s role and things that he feels are important to remember in the FERC relicensing process. Connie Nielson provided input on their demonstration garden. Len McKenzie provided input on the Sierra foothills native plant demonstration garden. Input from the public was provided by the following: Eleanor Keuning asked whether there is any connection with the Council and UC Merced; and she was advised that there is representation. Kevin Cann acknowledged the outstanding presentation and the fact that the Council is proactive with the FERC relicensing, and he commented on his involvement in these processes. Board members thanked the Council for the presentation and asked that they be kept informed of their activities. 10:02 a.m. Recess 10:19 a.m. Jim Rydingsword, Human Services Director; Approve a Reorganization of the Human Services Department Effective May 1, 2008; Establish a New Operating Budget for Fiscal Year 2008/2009 for the New Division and Approve the Transfer of Allocated Full Time Employees to the New Division Effective June 1, 2008; Approve Budget Actions Transferring Funds and Increasing Revenue within Human Services Department Budget to Accommodate the Reorganization (4/5ths Vote Required) BOARD ACTION: Following discussion with Jim Rydingsword, (M)Fritz, (S)Aborn, Res. 08-218 was adopted approving the requests/Ayes: Aborn, Turpin, Fritz, Pickard; Excused: Bibby. Consider Items Removed from the Consent Agenda Item 2 – Following discussion with Jim Rydingsword, (M)Fritz, (S)Aborn, item 2 was approved, with a correction to change “her” designee to “his/her” or as appropriate in the agreement/Ayes: Aborn, Turpin, Fritz, Pickard; Excused: Bibby. Item 10 – Following discussion with Jim Rydingsword, (M)Aborn, (S)Pickard, item 10 was approved/Ayes: Aborn, Turpin, Fritz, Pickard; Excused: Bibby. Richard J. Benson, County Administrative Officer/Personnel/Risk Manager; Approve an Amendment to the Deputy Director of Community Action Agency and Housing Authority Job Description, Re-title to Deputy Director Employment and Community Services, and Align the Salary with that of the Deputy Director of Social Services ($4,975 -$6,047/Month) Effective June 1, 2008 BOARD ACTION: Discussion was held with Rick Benson. Input from the public was provided by the following: Ruth Catalan asked about the status of addressing Consent Agenda item 23. (M)Fritz, (S)Aborn, Res. 08-221 was adopted approving the request/Ayes: Aborn, Turpin, Fritz, Pickard; Excused: Bibby. Richard J. Benson, County Administrative Officer/Personnel/Risk Manager; Adopt a Resolution Initiating Proceedings for Formation of County Service Area (CSA) Number 3; Set the Public Hearing for July 22, 2008, at 2:00 p.m.; Direct the County Administrative Officer to Mail Notices and Ballots, Along with an Engineer’s Report to all Affected Property Owners and to Conduct ---PAGE BREAK--- 3 5-27-08 a Public Meeting; Direct the Clerk of the Board to Publish the Notice of Hearing; Approve Budget Action Reducing General Contingency to Fund Costs Associated with the Voting Process on the Formation of the CSA ($17,000) (4/5ths Vote Required) BOARD ACTION: Discussion was held with Rick Benson relative to the formation process; the parcels that are included in the assessment and whether the assessment could be phased; concerning the CEQA review; and relative to use of the Tobacco Settlement Fund revenues toward the purchase of the equipment. Jim Wilson, Fire Chief, responded to questions relative to the status of the replacement plan for the fire equipment. Input from the public was provided by the following: Ruth Sellers commented on the importance of safety; however, she expressed concern with her observations of the Board and its authorization of expenditures that she does not feel that the public is benefiting from. She questioned who enforces the property clearances. Ruth Catalan stated she agrees that fire protection is important, but she always thought the costs were included in the normal taxes. She questioned the leasing versus purchase of equipment and the term of 15 years for the assessment. She asked if the equipment will be off-road accessible; and she agreed that the fire clearances need to be enforced. Chair Turpin noted that the enforcement of the fire clearances is the responsibility of CAL FIRE. Paul Chapman commented on the need for enforcement of the fire clearances; and he asked about the recommendation for obtaining vehicles for structure protection versus wildland. He stated he feels the fire services should be covered by the taxes that are paid. He feels that this matter should be on the ballot as a regular initiative versus the Proposition 218 process. Dave Silverman asked how multiple owners of a parcel would vote; whether there is a provision to provide for a balanced public meeting content; how the School Board votes for their ballot(s); relative to consideration of upgrading the equipment to meet 2009 requirements; notification for new parcels; commented on the assessment amount; and asked who will write balanced ballot arguments. Eleanor Keuning asked about the June 11th public meeting and the July 22nd public hearing; about the election process; and whether Consent Agenda item 23 relates to this. Rick Benson explained the process under Proposition 218 for voting for multiple owners; advised that it will be up to the School District to decide how they will vote; he advised that new parcels will be included in the assessment when they change from undeveloped to improved status; and he explained the ballot process versus a regular election. Sally Punte stated she feels that if the County engines back up MPUD for fires in town that it would be a benefit to MPUD – but parcels in MPUD are excluded from the assessment. She questioned the CEQA exemption. She asked about using the Tobacco Settlement Funds and staggering the equipment purchase versus going through the Proposition 218 process. Rick Benson clarified the CEQA exemption and advised that the engines would need to meet current standards and they would not need to be retrofitted to meet any new standards that are imposed in the future. Jim Van Horn stated he is a mechanic for the fire engines, and he provided input on the need for new equipment due to the age and maintenance of the old equipment; and he stated he feels that the new engines will be able to access every road in the County. He feels that if something isn’t done, that we will need to rely on the State for fire protections and he is not willing to do that. Discussion was held relative to initiating the formation proceedings, use of the Tobacco Settlement Funds, the various issues that were raised and the timeframes. Rick Benson revised his recommendation for a budget action of $17,000 to $18,000. (M)Pickard, (S)Fritz, Res. 08-222 was adopted initiating proceedings for formation of CSA No. 3, with the inclusion of language that the intent of the Board is to dedicate in future budgets funds from the Master Tobacco Settlement revenue for equipment and capital improvements to meet the needs of the fire stations; that a public meeting be set for June 11, 2008 at 6:30 p.m. at the Government Center; and that a public hearing be set for July 22, 2008 at 2:00 p.m. to receive public comment and tabulate the ballots. Supervisor Pickard further clarified that the intent of his motion is to dedicate Master Tobacco Settlement revenue or other funds. Following discussion relative to budgeting constraints, Thomas P. Guarino, County Counsel, clarified that the motion is the Board’s intent to dedicate funding ---PAGE BREAK--- 4 5-27-08 from future budgets. Supervisor Aborn stated he feels this matter should be continued for the full Board to be present. Ayes: Turpin, Fritz, Pickard; Noes: Aborn; Excused: Bibby. (M)Pickard, (S)Fritz, to approve the budget action in the amount of $18,000 failed by the following vote: Ayes: Turpin, Fritz, Pickard; Noes: Aborn; Excused: Bibby. 12:12 p.m. Recess 12:33 p.m. Consider Rest of Items Removed from the Consent Agenda Item 23 – Discussion was held with Rick Benson and he noted that he does not have the funding for this contract (since the Board’s last motion to approve a budget action to fund costs associated with the voting process on the formation of the CSA failed); but if funding is identified, he could proceed with this. (M)Pickard, (S)Fritz, item 23 was approved/Ayes: Turpin, Fritz, Pickard; Noes: Aborn; Excused: Bibby. 12:38 p.m. CALENDAR Thomas P. Guarino, County Counsel; Approve an Agreement with Yosemite Area Regional Transportation System (YARTS) Joint Powers Authority (JPA) to Continue Providing Round Trip Transit Services from Mariposa County BOARD ACTION: Dick Whittington, MCAG, presented statistical information on the YARTS ridership and advised of their efforts to work on a connection with UC Merced. Input from the public was provided by the following: Paul Chapman stated he feels the bus system benefits very few. Following discussion, (M)Aborn, (S)Fritz, Res. 08-224 was adopted approving the agreement/Ayes: Aborn, Turpin, Fritz, Pickard; Excused: Bibby. Discussion and Possible Further Action Regarding Continuation of the Local Emergency Due to Landslides on Highway 140 Enroute to Yosemite National Park (County Administrative Officer) BOARD ACTION: Rick Benson reported that work is being done on the new temporary bridges and he advised that he was unable to attend either of the open houses held by CalTrans on the permanent restoration. (M)Aborn, (S)Fritz, Res. 08-225 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, Turpin, Fritz, Pickard; Excused: Bibby. CLOSED SESSION: Conference with Legal Counsel: Existing Litigation: California Government Code Section 54956.9 Name of Claimant or Case Number and Name of Adverse Parties: Hazel Green Ranch, LLC v. United States Department of the Interior, et al., Case No. 1:07-CV-00414-OWW-SMS (County Counsel); and CLOSED SESSION: Conference with Legal Counsel: Anticipated Litigation: Initiating of Litigation Pursuant to Subdivision of Government Code Section 54956.9. Names of Cases to be Discussed: County of Mariposa v. Bartlett Petroleum, Inc. (County Counsel) BOARD ACTION: These items were continued to a future agenda. CONSENT AGENDA CA-1 Approval of Summary of Proceedings of May 20, 2008, Regular Meeting (Clerk of the Board) CA-2 Approve an Agreement with Milhous Children’s Services for Mental Health Services for Children Placed in Foster Care Outside Mariposa County and Authorize the Board of Supervisors Chair to Sign the Agreement (Human Services Director); Res. 08-219 CA-3 Approve an Agreement with Value Options for Administration of Mental Health Counseling and Medication Services for Foster Children Placed out of Mariposa County ---PAGE BREAK--- 5 5-27-08 and Authorize the Board of Supervisors Chair to Sign the Agreement (Human Services Director); Res. 08-199 CA-4 Approve an Agreement with Merced County Department of Mental Health for Residential Inpatient Services and Authorize the Board of Supervisors Chair to Sign the Agreement (Human Services Director); Res. 08-200 CA-5 Approve an Agreement with Heritage Oaks Hospital for Residential Inpatient Services and Authorize the Board of Supervisors Chair to Sign the Agreement (Human Services Director); Res. 08-201 CA-6 Approve an Agreement with Deborah Atkinson, RN, for Nursing Services and Authorize the Board of Supervisors Chair to Sign the Agreement (Human Services Director); Res. 08-202 CA-7 Approve an Agreement with Regina Taber for Alcohol and Drug Programs and Authorize the Board of Supervisors Chair to Sign the Agreement (Human Services Director); Res. 08-203 CA-8 Approve an Agreement with Sierra Vista Hospital for Residential Inpatient Services and Authorize the Board of Supervisors Chair to Sign the Agreement (Human Services Director); Res. 08-204 CA-9 Approve Summer Hours for Bassett Memorial Library at Wawona (Librarian); Res. 08- 205 CA-10 Approve Budget Actions Transferring Funds, Increasing Revenues, and Reducing Contingency in the Human Services Department Budgets to Cover Expenses to the End of the Fiscal Year ($255,699) (4/5ths Vote Required) (Human Services Director); Res. 08-220 CA-11 Approve Budget Action Reducing General Contingency and Increasing Funding for the California State Mining and Mineral Museum ($1,733) (4/5ths Vote Required) (County Administrative Officer/Personnel/Risk Manager); Res. 08-206 CA-12 Approve Budget Action Reducing General Contingency to Cover County Clerk Microfilm Due to Unanticipated Bill ($408) (4/5ths Vote Required) (County Clerk/Tax Collector/Treasurer); Res. 08-207 CA-13 Approve Budget Action Transferring Funds in the Sheriff’s Budget to Allow for the Purchase of Grant Funded Fixed Assets ($111,851) (Sheriff); Res. 08-208 CA-14 Adopt a Resolution Ratifying the USDA Primary Disaster Declaration Request for Mariposa County Rangeland/Livestock Operations Due to Drought Conditions by the Agricultural Commissioner (Agricultural Commission); Res. 08-209 CA-15 Authorize the Mariposa County Fish & Game Protective Association to use Money in the Fish & Game Fund to Finance the Mariposa Fish & Game Youth Outdoor Hunting Program in the Amount of $650 (County Administrative Officer/Personnel/Risk Manager); Res. 08-210 CA-16 Authorize the Board of Supervisors Chair to Sign an Above Ground Petroleum Storage Act Grant Application to Disburse 80% of the Total Allocation of $45,220.41 for the Implementation of the APSA Program (Health Officer); Res. 08-211 ---PAGE BREAK--- 6 5-27-08 CA-17 Approve Resolution Authorizing the Health Officer to Apply and Sign Documents for the Local Enforcement Assistance Grant Funds for Fiscal Year 2008-2009 and for the Subsequent Four Fiscal Years if Amounts and Conditions Remain Substantially the Same (Health Officer); Res. 08-212 CA-18 Authorize the Fire Chief to Sign the Awarded 2007 SAFER (Staffing for Adequate Fire and Emergency Response) Recruitment and Retention Grant Program, Funded by the Department of Homeland Security and FEMA and Approve Budget Action Increasing Revenue and Appropriations (4/5ths Vote Required) ($94,080) (Fire Chief); Res. 08-213 CA-19 Authorize the Fire Chief to Apply for the Fiscal Year 2008-2009 Emergency Management Performance Grant from State Office of Emergency Services (OES) (Fire Chief); Res. 08-214 CA -20 Approve Budget Action Increasing Revenue and Expense for Aviation Fuel by ($35,000) in the Airport Budget to Ensure Adequate Supply of Fuel Through June 30, 2008 (4/5ths Vote Required) (Public Works Director); Res. 08-215 CA-21 Approve a Lease Agreement with Kenneth and Lamerna Mari for Office Space Occupied by the Grand Jury for a Three Year Term and Authorize the Board of Supervisors Chair to Sign the Agreement (County Counsel); Res. 08-216 CA-22 Approve an Agreement with Allen, Proietti & Fagalde, LLP to Represent the County of Mariposa and Authorize Board of Supervisors Chair to Sign the Agreement (County Counsel); Res. 08-217 CA-23 Approve an Agreement with Sequoia Voting Services for the Printing and Insertion of Ballots, Brochures, and Other Informational Material for County Service Area Authorize the Board of Supervisors Chair to Sign the Agreement (County Administrative Officer/Personnel/Risk Manager); Res. 08-223 1:16 p.m. (M)Fritz, (S)Aborn, the Board adjourned in memory of Lloyd R. Cabezut, Joseph Louis Cioffi, Sr., and Alfred “Al” Wilson/Ayes: Aborn, Turpin, Fritz, Pickard; Excused: Bibby. Respectfully submitted, MARGIE WILLIAMS, Clerk of the Board LYLE TURPIN, Chair, Board of Supervisors