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Time Description 9:10 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Introductions Chair Bibby noted the addendum to the agenda for the purchase of a replacement vehicle for the Fire Department. 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 BOARD ACTION: Chair Bibby advised that item 21 was withdrawn by the Public Works Director. Input from the public was provided by the following: Paul Chapman commented on items that involve the budget; questioned the increase in costs for item 14; and questioned the waiver of the bid process for item 25. Gary Walker asked for more information on items 14, 15, and 19; and he questioned the waiver of the bid process for item 25. Supervisor Bibby pulled items 14, 19, and 25 for action later this date. (M)Fritz, (S)Turpin, the balance of the items was approved/Ayes: Unanimous. Chair Bibby; A) Resolution and Tile Plaque Recognizing Harry Hagan for His Outstanding Service on the Mariposa County Planning Commission BOARD ACTION: (M)Turpin, (S)Aborn, Res. 07-364 was adopted and presented, along with the tile plaque, to Harry Hagen/Ayes: Unanimous. B) Proclaim the Month of August, 2007, as “Child Support Awareness Month” (Child Support Services) BOARD ACTION: (M)Fritz, (S)Pickard, the Proclamation was approved and presented to Debbie Walton, Child Support Services Director/Ayes: Unanimous. Approve a Grant Agreement for the Rural Media Arts and Education Project in the Amount of $25,000 and Authorize the Board of Supervisors Chair to Sign the Agreement (County Administrative Officer/Personnel/Risk Manager) BOARD ACTION: Rick Benson advised that this item was withdrawn, and is tentatively scheduled to come back in two weeks. Public Presentation: For Items within the Jurisdiction of the Board and not on Today’s Agenda. MARIPOSA COUNTY BOARD OF SUPERVISORS SUMMARY OF PROCEEDINGS August 7, 2007 ---PAGE BREAK--- 2 8-7-07 Steve Donahue provided input and presented a package of information relative to road maintenance concerns on Stout Lane. Gary Walker, on behalf of MERG, expressed appreciation for the minutes of the Board meetings being brought up-to-date, and he thanked the Board and the Planning Commission for the work on the General Plan. Eleanor Keuning provided input on projects in other areas and stated she supports the Mariposa Creek Parkway project. Board Information Supervisor Fritz advised that there will be a Merced River Watershed meeting on Wednesday at the Government Center; and she noted that the Board will be meeting at Camp Green Meadows in Fish Camp on August 14th for a public hearing on the SDA Camp Wawona project. She attended the historic merchants meeting and the Gateway Partners meeting the previous week. She advised that tourism has been good, and YARTS has new buses running that meet the bridge length restrictions. Supervisor Turpin commented on recent wildlife sightings and being able to enjoy our rural character. He advised that a mobile home on Dogtown Road was lost due to fire, and he thanked everyone for their assistance. He traveled many of the County’s roads over the past week. On Wednesday he plans to attend the meeting with the Forest Service, and the SWIFT meeting in Moccasin. On Thursday, he plans to attend the senior meeting in Greeley Hill. Supervisor Aborn attended the Gateway Partners meeting in Yosemite last week. He noted that the swimming pool was opened in El Portal on Wednesday. Supervisor Bibby advised that she plans to attend the Mental Health Board meeting at noon today, and they are planning to have a booth at the County Fair in conjunction with the Alcohol and Drug Advisory Board. The First 5 meeting scheduled for August 13th has been cancelled. The Airport Advisory Committee is scheduled to meet on Wednesday. She commented on the departments’ workloads and the need for the Board to get feedback on these workloads to be able to address priorities. Keith Williams, Treasurer/Tax Collector/County Clerk/Registrar of Voters; Inform the Board of Supervisors of the Results of the Secretary of State’s Top-to-Bottom Review and August 3, 2007 Decision Regarding Electronic Voting Equipment BOARD ACTION: Keith Williams presented a status report and discussion was held; and it was agreed that he would bring back information for the Board to take action on providing a response to the Secretary of State’s decision. Matter was continued for the following hearings to be opened. 10:00 a.m. The public hearings for fees for County Service Areas and Special District Services; delinquent fees in County Service Areas; and the Local Transportation Commission public hearing on unmet transit needs were opened and continued until after the following. Further discussion was held with Keith Williams regarding the electronic voting equipment. Input from the public was provided by the following: Dick Hutchinson commented on the overall cost impact throughout the State of this decision. Dana Hertfelder, Public Works Director; A) PUBLIC HEARING Adopt a Resolution Reaffirming the Current Fee Structure Charged for County Service Areas (CSA’s) and Special District Services Including, Water, Sewer, Standby, Road Maintenance and County Zones of Benefit BOARD ACTION: Dana Hertfelder presented the staff report. The public portion of the hearing was opened and there was no public input. The public portion was closed and the Board commenced with deliberations. Staff responded to questions from the Board. (M)Pickard, (S)Aborn, Res. 07-387 was adopted reaffirming the current fee structure as recommended/Ayes: Unanimous. B) PUBLIC HEARING Regarding the Report of Delinquent Fees in County Service Areas and Approval to Add the Delinquent Fees to the Appropriate Property Tax Roll for Collection ---PAGE BREAK--- 3 8-7-07 BOARD ACTION: Dana Hertfelder presented the staff report. The public portion of the hearing was opened and there was no public input. The public portion was closed and the Board commenced with deliberations. (M)Fritz, (S)Aborn, Res. 07-388 was adopted approving adding delinquent fees to the appropriate property tax roll for collection/Ayes: Unanimous. 10:17 a.m. LOCAL TRANSPORTATION COMMISSION (Chair – Commissioner Lyle Turpin, Vice-Chair – Commissioner Dianne Fritz) A) Public Presentation – none. B) PUBLIC HEARING to Request Public Input Regarding Possible Unmet Transit Needs; Deliberate on the Unmet Transit Needs Based on the Adoption Definition and Criteria in Attachments; Adopt by Resolution One of the Following Findings: A) There are No (New) Unmet Needs. B) There are No (New) Unmet Transit Needs that are Reasonable to Meet. C) There are Unmet Transit Needs, Including Needs that are Reasonable to Meet. D) Grant a Continuance of the Public Hearing Until a Later Date (Public Works Director) COMMISSION ACTION: Dana Hertfelder presented the staff report. The public portion of the hearing was opened and there was no public input. The public portion was closed and the Commission commenced with deliberations. Staff responded to questions from the Commission relative to the process, budget status, and relative to the Social Services Transportation Advisory Committee. (M)Pickard, (S)Bibby, LTC Res. 07-8 was adopted finding there are no new unmet transit needs/Ayes: Unanimous. Jim Wilson, Fire Chief; Authorize the Board of Supervisors to Negotiate a New Land Lease Agreement for a Future Fish Camp Fire Station Site and Sign a Renewal Lease, After Approval, for the Existing Fish Camp Fire Station Land Lease Agreement and Direct the Planning Director to Initiate an Amendment to the County Timber Exclusive Zone (TEZ) to Allow a Fire Station on Less than Three Acres Pursuant to PRC Section 4584(g)(1) and the State’s Timberland Production Zone (TPZ) BOARD ACTION: Discussion was held with Jim Wilson and Kris Schenk. Input from the public was provided by the following: Donn Harter advised that they have raised over $155,000 so far toward the fire station project. (M)Pickard, (S)Aborn, authorization was given for a new land lease agreement and renewal lease agreement for the existing station to be negotiated as recommended, and direction was given to Planning to initiate an amendment to the TEZ as recommended. It was clarified that the lease agreements will come back to the Board for approval. Ayes: Unanimous. Cathi Boze, Agricultural Commissioner/Sealer; Presentation of the 2006 Mariposa County Agricultural Crop & Livestock Report BOARD ACTION: Cathi Boze presented the report. 10:52 a.m. Recess 10:58 a.m. C) Authorize the Purchase of a Replacement Vehicle for the Fire Department Prior to the Adoption of the FY 2007-08 Final Budget BOARD ACTION: Discussion was held with Dana Hertfelder and Jim Wilson relative to the request and recommendation to assign the new vehicle slated for purchase for Public Works in the Fire fleet and authorize Public Works to replace PC-33 during Fiscal Year 2007-08; and to keep the Chevy Tahoe in service for another year to cover for the vehicle that was destroyed by fire. Rick Benson clarified that the vehicle that burned was not included in a recall. Public Works will pursue the claim process with Ford for the vehicle and equipment that was lost. (M)Fritz, (S)Turpin, Res. 07-389 was adopted approving the recommended actions/Ayes: Unanimous. ---PAGE BREAK--- 4 8-7-07 Consider Items Removed from the Consent Agenda Item 19 – Dana Hertfelder provided input on the request. (M)Aborn, (S)Fritz, item 19 was approved/Ayes: Unanimous. Item 14 – Rick Benson provided input on the request. (M)Fritz, (S)Aborn, item 14 was approved/Ayes: Unanimous. Item 25 – Rick Benson provided input on the request. (M)Fritz, (S)Aborn, item 25 was approved with the waiver of the bid process based on findings of urgency and uniqueness/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: Rick Benson recommended that the emergency be continued, and he commented on the plans to rebuild the Minneapolis bridge that recently collapsed in 2008. Chair Bibby advised of discussion with CalTrans concerning the status of the scoping comments and report; and she advised that there is a request for CalTrans to see if there is a way to by-pass the signal light for emergency vehicle response. (M)Turpin, (S)Aborn, Res. 07-393 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. Richard J. Benson, County Administrative Officer; Receive FY 2007-2008 Recommended Budget Documents for the County of Mariposa and Special Districts under the Control of the Board of Supervisors, Receive Report by County Administrative Officer and Schedule Budget Hearings for the Week of September 10, 2007, with the Public Hearing on the Budget to Commence at 9:00 a.m. on Monday, September 10, 2007 BOARD ACTION: Rick Benson presented the staff report. Input from the public was provided by the following: Paul Chapman feels there should be a two percent budget cut again this year and next to cover the payment on the pension obligation bonds. Gary Walker complimented the County Administrative Officer on the request to stream the Board meetings on the internet for live and on-demand access; and for the charts provided on the budget. Dick Hutchinson stated he feels the Board should freeze all payrolls and any increases asked for by the Unions for health benefits. (M)Fritz, (S)Turpin, the recommended budget for FY 2007-08 was received and the public hearing was scheduled to commence at 9:00 a.m. on Monday, September 10, 2007/Ayes: Unanimous. Waive the Second Reading and Adopt Ordnance Enacting an Assessment within County Service Area 1-M, Lake Don Pedro Area (County Administrative Officer) BOARD ACTION: Following discussion, (M)Turpin, (S)Aborn, the second reading was waived and Ord. No. 1037 was adopted for fire protection. The Clerk of the Board read the title of the Ordinance into the record. Ayes: Unanimous. 12:00 noon Lunch 2:10 p.m. Approve the Office Technician I/II Job Description, Set the Salary for the Office Technician I at the Same Salary as the Existing Office Technician Classification ($2,492.53 - $3,029.69 / Grade 160), Set the Salary for the Office Technician II at ($2,741.74 - $3,332.60/Grade 161); Assign Both Classifications to the SEIU Bargaining Unit; Eliminate the Single Class Office Technician Position and Assign all Allocations in this Classification the Title of Office Technician I; Eliminate the Executive Secretary Classification and Assign all Allocations in this Classification the Title of Office Technician I (County Administrative Officer/Personnel/Risk Manager) BOARD ACTION: Following discussion, (M)Fritz, (S)Aborn, Res. 07-394 was adopted approving the recommendation/Ayes: Unanimous. ---PAGE BREAK--- 5 8-7-07 Approve the First Amendment to the Professional Services Agreement with the Mariposa County Chamber of Commerce for Managing the County’s Visitor Centers Increasing the Total Compensation by $3,940 and Including a Payment Schedule; and Authorize the Board of Supervisors Chair to Sign the Amendment (County Administrative Officer/Personnel/Risk Manager) BOARD ACTION: Following discussion, (M)Pickard, (S)Fritz, Res. 07-395 was adopted approving the amendment/Ayes: Unanimous. CONSENT AGENDA: CA-1 Approve an Agreement with Acacia Board and Care for Residential Board and Care Services and Authorize the Board of Supervisors Chair to Sign the Agreement (Human Services Director); Res. 07-365 CA-2 Approve an Amendment to Agreement with Regina Taber for Alcohol and Drug Programs Increasing the Hours Per Week for May 2007 by Four Hours to Cover the Exceeded Allotted Hours for Fiscal Year 2006-2007 and Authorize the Board of Supervisors Chair to Sign the Amendment (Human Services Director); Res. 07-366 CA-3 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. 07-367 CA-4 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. 07-368 CA-5 Approve a Lease Agreement with 35-A District Agricultural Association to Allow the Human Services Department to Rent a Fair Booth for the 2007 Mariposa County Fair, August 31 through September 3, 2007; Approve Budget Action For FY 2007-08 Transferring Funding in the Human Services Administration Budget for Rental Fair Booth ($3,200) (Human Services Director); Res. 07-369 CA-6 Appoint Janet Bibby to Serve as a Commissioner on the Mental Health Board for a Three Year Term Expiring August 7, 2010, this Appointment is Per the Welfare and Institutions Code 5604 (Human Services Director) CA-7 Approve Budget Action for FY 2006-07 Transferring Funds within the Jail Budget to Cover Unanticipated Utility Costs and Usage within the Various Divisions of the Sheriff’s Office ($6,497) (Sheriff); Res. 07-370 CA-8 Approve Budget Action for FY 2006-07 Transferring Funds within the Sheriff’s Department Budget to Cover Unanticipated Increase in Vehicle Operation Costs ($24,500) (Sheriff); Res. 07-371 CA-9 Adopt a Resolution Designating 15-percent of the “Full” Payment the County Receives through Participation in the Secure Rural Schools and Community Self-Determination Act of 2000 (HR 2389) Entirely to Title III Projects (County Administrative Officer/Personnel/Risk Manager); Res. 07-372 CA-10 Approve Budget Action for FY 2006-07 Transferring Funds within the Indigent Defense Budget to Accommodate Greater than Anticipated Conflict Counsel Costs ($2,900) (County Administrative Officer/Personnel/Risk Manager); Res. 07-373 ---PAGE BREAK--- 6 8-7-07 CA-11 Approve an Agreement with Advocation for Lobbying Activities and Authorize the Board of Supervisors Chair to Sign the Agreement (County Administrative Officer/Personnel/Risk Manager); Res. 07-374 CA-12 Approve the Mental Health Aide/Client Recovery Job Description, Set the Salary at Grade 128 ($1,835.57 - $2,231.16), Allocate Two 50% Permanent Part-time Positions, and Assign the Classification to the SEIU Bargaining Unit (County Administrative Officer/Personnel/Risk Manager); Res. 07-375 CA-13 Approve a Liability Claims Administration Agreement with Freese & Gianelli Claim Service, Effective July 1, 2007 and Authorize the Board of Supervisors Chair to Sign the Agreement (County Administrative Officer/Personnel/Risk Manager); Res. 07-376 CA-14 Approve an Agreement with Liebert Cassidy Whitmore to Provide Consultation, Representational and Legal Services for an Amount not to Exceed $120,000 (County Administrative Officer/Personnel/Risk Manager); Res. 07-391 CA-15 Approve an Economic Development Grant Application to Pacific Gas & Electric (PG&E) in the Amount of $10,000 for Development of a Mariposa County Recreation Guide (County Administrative Officer/Personnel/Risk Manager/Economic Development); Res. 07-377 CA-16 Approve a Rental Agreement with 35-A District Agricultural Association for use of the Fairgrounds for the Annual Volunteer Firefighters Appreciation Picnic on October 28, 2007 (Fire Chief); Res. 07-378 CA-17 Approve Budget Action for FY 2006-07 Transferring Funds within the County Fire Department to Cover Unanticipated Increases and Late Billing from Public Works ($1,834) (Fire Chief); Res. 07-379 CA-18 Authorize the Facilities Division of Public Works to Purchase a Zero-turn Riding Mower for $3,233 to Replace an Old One that is no Longer Worth Repairing Prior to the Adoption of the Fiscal Year 2007-2008 Budget (Public Works Director); Res. 07-380 CA-19 Authorize the Solid Waste Division of Public Works to Purchase the Tarpomatic Automatic Tarp-dispensing Machine for $70,289 Prior to the Adoption of the Final Budget for Fiscal Year 2007-2008 (Public Works Director); Res. 07-390 CA-20 Authorize the Road Division of Public Works to Purchase an Oil-dispensing Machine for $41,184 Prior the Adoption of the Final Budget for Fiscal Year 2007-2008 (Public Works Director); Res. 07-381 CA-21 Authorize the Extension of Compensatory Hours Earned by an Employee to be Used Later in the Year (Public Works Director); withdrawn at the Public Works Director’s request. CA-22 Authorize the Public Works Director to Work with CalTrans to Expedite Placement of Street Tree and Bench at 7th Street Bus Stop, to be Maintained by Mother Lode Lodge (Public Works Director); Res. 07-382 CA-23 Adopt a Resolution Approving a Road Name Amendment to Whispering Pines Road for Subject Easement; Road Name Application No. 2006-283, Steve Allison, Applicant, APN 014-330-077 (Planning Director); Res. 07-383 ---PAGE BREAK--- 7 8-7-07 CA-24 Approve an Agreement with Freeman and Seaman Surveyors for Survey of the Mariposa Creek Parkway in the Amount of $7,900 and Authorize the Board of Supervisors Chair to Sign the Agreement (Public Works Director); Res. 07-384 CA-25 Authorize the Technical Services Director to Purchase a New Server to Support Outside Email Receipt, Web E-mail and Website from the Requested Budget in Fiscal Year 2007-2008, from Dell Per Quote and Waive the Three Bid Requirement (Technical Services Director); Res. 07-392 CA-26 Approve Agreement No. 07-0185 for Fiscal Year 2007-2008 with California Department of Food and Agriculture (CDFA) and Authorize the Board of Supervisors Chair to Sign the Agreement (Agricultural Commissioner); Res. 07-385 CA-27 Approve an Agreement with John C. Fremont Healthcare District for Routine Medical Screening for Juveniles Detained and Authorize the Board of Supervisors Chair to Sign the Agreement (Chief Probation Officer); Res. 07-386 CA-28 Approve Summary of Proceedings of July 24, 2007, Regular Meeting (Clerk of the Board) 2:28 p.m. (M)Fritz, (S)Turpin, the Board adjourned in memory of Wanda Mae Wackerman, Catherine Nadine Broomfield, Sara M. Voorhees-Gooding, Sharon Lynn Tracy, and Millicent Meyer/Ayes: Unanimous. Respectfully submitted, Margie Williams_____ MARGIE WILLIAMS, Clerk of the Board Janet JANET BIBBY, Chair, Board of Supervisors