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Time Description 9:12 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Introductions Approval of Consent Agenda (See 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 referred to item 7 and stated he objects to the adoption of the budget as he feels that two million dollars should be cut to pay PERS for the unfunded liability. Supervisor Aborn pulled items 4 and 8. Supervisor Bibby pulled items 5, 7 and 8. (M)Pickard, (S)Aborn, the balance of the items was approved/Ayes: Unanimous. Public Presentation: For Items within the Jurisdiction of the Board and not on Today’s Agenda. Theresa Castaldi, Coyote Springs Ranch, again requested the Board’s assistance with Planning with her request to process building permits for cabins for the Coyote Springs Ranch and with the agri- tourism use determination; and she referred to the letter she received from the Planning Director and the history of actions taken on the agritourism use and for the ranch. Chair Bibby advised that an item has been scheduled on the Board’s agenda for October 2nd to discuss agritourism. Supervisor Pickard noted that with the adoption of the General Plan that there are details on issues to be worked out so that clear guidelines can be provided for the departments. Ken Pulvino advised that he is a Director of the Yosemite/Mariposa Tourism Board and a member of the Greeley Hill Town Planning Advisory Committee and a rancher in Greeley Hill. He commented on his desire to develop his property, and he spoke in support of the Coyote Springs Ranch and agritourism. Mary Ann Huff, speaking as a citizen of Coulterville, advised of their plans to build cabins and have a guest ranch; and she stated she supports agritourism and the Coyote Springs Ranch. Steve Saunders stated he supports agritourism and he feels there is too much weight being placed on people trying to do the right things in the County. Kelly Young spoke in support of the Coyote Springs Ranch. Paul Chapman stated he agrees with agritourism and the Coyote Springs Ranch; but he feels that more than 3 to five cabins create a resort commercial use and the zoning should be changed for that. Eleanor Keuning referred to her visit to the landfill on Sunday; and she expressed appreciation for the brochure on the landfill and recycling and she asked that it be offered to people when they come to the landfill. She also suggested that porta-potties be made available for those who use the dump site at the landfill. Ruth Catalan stated she supports agritourism, and she feels that it is a better preservation of the land than creating five-acre ranchettes. MARIPOSA COUNTY BOARD OF SUPERVISORS SUMMARY OF PROCEEDINGS September 18, 2007 ---PAGE BREAK--- 2 9-18-07 Board Information Supervisor Fritz advised that her District IV meeting is scheduled for Monday, October 1st at the Government Center, and the Fire Department will be making a presentation. Supervisor Pickard advised that he plans to attend the RCRC (Regional Council of Rural Counties) Fall Conference this week, and he thanked the community and staff for helping with a basket that represents the County for the raffle at the conference. Supervisor Aborn provided input on roads and road safety issues and he commented on recent incidences and expressed concern in reference to the recent amendment to the road standards. Supervisor Turpin advised that he attended the Don Pedro Community Services District meeting on Monday and they reached a new agreement with MID. On Wednesday he plans to attend the meeting with the U. S. Forest Service and a meeting on the Red Cloud Library. Supervisor Fritz referred to a recent letter relative to the High Speed Rail and advised that Sacramento has been added to the list of locations for a public hearing. Supervisor Aborn commented on the High Speed Rail; and he advised that the store in El Portal will be closed for a temporary period. He also noted that there is an increase in problems with predators as a result of the draught. Supervisor Bibby encouraged everyone to attend the October 2nd Board meeting relative to agritourism. She also advised of her participation in the Blazin’ Hog BBQ event and complimented John C. Fremont Hospital and everyone who participated on a successful event. 10:04 a.m. Richard J. Benson, County Administrative Officer/Personnel/Risk Manager; PUBLIC HEARING – to Conduct a Community Participation Public Hearing to Develop two Possible Planning and Technical Assistance Grant Applications to the State Community Development Block Grant Program for the Purpose of Developing a Drainage Study, Mariposa Phase II, which Covers an Area South of 7th Street to North of 10th Street BOARD ACTION: Marilyn Lidyoff, Administration/Business Development Coordinator, presented the staff report, and she responded to questions from the Board relative to the public hearing and grant application process; and relative to the options available for requesting grant funding. It was clarified that the purpose of this hearing to is to gather information and a grant application will be brought back to the Board for approval to submit to the State. Supervisor Bibby asked that the departments receive information on the complete list of options for applying for this grant funding. Supervisor Pickard asked that consideration be given to scheduling a discussion of prioritizing the options for using the grant funding in the future. The public portion of the hearing was opened and input was provided by the following: Paul Chapman stated he feels the majority of the options on the list for grant funding are more important that doing a drainage study; and he asked for more information on the drainage study. Ruth Catalan asked several questions relative to the drainage study project. Marilyn Lidyoff and Dana Hertfelder/Public Works Director, responded to the questions. Mary Ann Huff, speaking as a resident of Coulterville, stated she feels their areas would benefit from any of the projects on the options list; and she provided input on the need for the drainage study for Coulterville. The public portion of the hearing was closed. No action was necessary. The hearing was closed. 10:40 a.m. Recess 11:48 a.m. Consider Items Removed from the Consent Agenda Item 8 – Discussion was held, and input from the public was provided by the following: Gerald Cauthen, Transportation Engineering Project Manager, provided input relative to the High Speed Rail project and the Bay Area Regional Rail Plan and a recent ridership study. He presented a copy of the Draft Report Summary for the San Francisco Bay Area Regional Rail Plan. He urged the Board to let the following know that these projects are important to the valley area and to this region: Metropolitan Transportation Commission, Bay Area Regional Plan, California High Speed Rail Authority, and CalTrain. ---PAGE BREAK--- 3 9-18-07 (M)Fritz, (S)Aborn, item 8 was approved. The motion was amended by the maker, agreeable with the second, to include direction for the resolution to be sent to CalTrain and the High Speed Rail Authority/Ayes: Unanimous. Item 4 – Following discussion with Dana Hertfelder, (M)Aborn, (S)Fritz, item 4 was approved/Ayes: Unanimous. Item 5 – Following discussion with Kris Schenk, (M)Aborn, (S)Turpin, item 5 was approved/Ayes: Unanimous. Item 7 – Rick Benson provided information on the summary of personnel actions affecting the FY 2007-08 budget as concurred to during the budget hearing, and he advised that there is a balance of $547,370 in the General Fund Contingency. (M)Aborn, (S)Fritz, item 7 was approved/Ayes: Unanimous. Supervisor Pickard; Toby Perry, Assistant Executive Liaison and Lauren Kelly, Assistant to the Executive Director to give a Presentation on the Pacific Forest & Watershed Lands Stewardship Council BOARD ACTION: Supervisor Pickard introduced Toby Perry/Land Conservation Associate and Anne Ferguson/with EDAW. Toby Perry gave a presentation, including background information on the formation of the Pacific Forest and Watershed Lands Stewardship Council, land planning steps completed to date, land conservation plan contents and the next steps and implementation of the Plan, and the role of PG&E. Discussion was held. No action was necessary. 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: Supervisor Aborn provided input relative to concerns expressed at the El Portal meeting on the option selected for the permanent repair. Supervisor Turpin commented on the increase in commercial traffic using Highway 132. Supervisor Fritz commended Leroy Radanovich for the beneficial affect the Tourism Bureau’s advertising has had on the businesses. Input from the public was provided by the following: Mary Ann Huff noted that Highway 132 is an alternate route that is located in Mariposa County. (M)Turpin, (S)Aborn, Res. 07-449 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. 11:56 a.m. – LUNCH 2:07 p.m. Richard J. Benson, County Administrative Officer/Personnel/Risk Manager; A) Presentation by Dave Liefer, KNN Public Finance, Regarding Pension Obligation Bonds and Mariposa County’s Unfunded Liability BOARD ACTION: Rick Benson introduced the item and David Leifer. David Leifer gave a presentation, including an overview on pension obligation bonds and the unfunded accrued actuarial liability, reviewed the benefits and risks/disadvantages, reviewed bond structure considerations, and he reviewed the process for proceeding with the bonds. Discussion was held. Input from the public was provided by the following: Paul Chapman asked for clarification of the actual amount of the unfunded liability; and he suggested that two million dollars be taken from the budget each year to pay for this versus the bonds. Ruth Catalan asked about PERS, about the ability to pre-pay PERS versus the bonds, and about the possibility of having another unfunded liability. She stated she prefers to stay with paying PERS. Eldon Henderson asked how the unfunded liability was created and he asked where the funds will come from to service the bond debt. Cody Hart asked what “immediate budget relief” means. Ruth Sellers asked if the County is going to go to a two-tier retirement plan to reduce the future possibility of having an unfunded liability. She stated she sees no reason to change the public ---PAGE BREAK--- 4 9-18-07 safety retirement, but feels the miscellaneous should be changed; and she does not feel that bonding is the way to go. Calvin Gile stated he feels that if the County pursues the bonds, it is like credit cards being consolidated and being paid off with a credit card; and he feels that this is saddling everyone with a debt. Ken Pulvino stated he feels we are pushing off a debt that has accumulated to future generations and not really solving the problem. Chris Ebie/Auditor responded to questions from the Board relative to grant funded programs and the cost allocation program. Ruth Catalan suggested that the issue be placed on the ballot to determine if the public supports proceeding with the bonds. Calvin Gile stated he feels the ballot measure should be for information and not be a binding vote. Paul Chapman noted that there is a referendum process available to the public. Rick Benson and David Leifer responded to the questions. Chris Ebie stated he feels it would be prudent to take any savings that might be had from what is owed on the regular payments to PERS in the future and set those funds aside for the future possibility of having an unfunded liability accrual. Discussion was held. Keith Williams/Treasurer provided input on the status of the return on the County’s investments. B) Adopt a Resolution Authorizing the Issuance of Pension Obligation Bonds; the Execution and Delivery of a Trust Agreement, An Auction Agreement and a Broker-Dealer Agreement and Authorize other Actions Relating to the Issuance of Such Bonds BOARD ACTION: Discussion was held with Rick Benson. Thomas P. Guarino, County Counsel, responded to a question from the Board and advised of his participation in this process and his review of the documents; and he stated he feels it would be appropriate to move to a validation action. (M)Aborn, (S)Pickard, Res. 07-450 was adopted approving the recommended actions/Ayes: Unanimous. Richard J. Benson, County Administrative Officer/Personnel/Risk Manager; A) CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: DSA (Deputy Sheriff’s Association); Name of County Designated Representative: Richard Bolanos B) CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: SMA (Sheriff’s Management Association); Name of County Designated Representative: Richard Bolanos C) CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: SEIU (Service Employees International Union); Name of County Designated Representative: Richard Bolanos D) CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: MCMCO (Mariposa County Managerial/Confidential Organization); Name of County Designated Representative: Richard Bolanos; and CLOSED SESSION: Public Employee Performance Evaluation; Position of Employee under Review: County Administrative Officer; Government Code Section 54954.5 (Chair Bibby) CLOSED SESSION: Public Employee Appointment; Title or Position to be Filled: Human Services Director; Government Code Section 54957 (County Administrative Officer/Personnel/Risk Manager) BOARD ACTION: Supervisor Bibby advised that she will excuse herself from the closed session matters with DSA and SMA; and she pulled the item for public employee performance evaluation as requested by a Board member, and Supervisor Pickard advised that he was not opposed to holding this closed session. (M)Aborn, (S)Bibby (who passed the gavel to the Vice-Chair), closed sessions for labor negotiations with SEIU and MCMCO and for public employee appointment were held. Discussion was held relative to holding the public employee performance evaluation closed session. The motion was amended by the maker, agreeable with the second, to include pulling the public employee performance ---PAGE BREAK--- 5 9-18-07 evaluation closed session item from the agenda. Supervisor Pickard clarified for the record that it was not his request to pull this item. Ayes: Unanimous. At 4:40 p.m., Supervisor Bibby excused herself from the meeting for the following action to be taken, as she has a potential conflict of interest with her cousin and husband being in SDA and SMA. Rick Benson advised that the closed sessions are not needed for labor negotiations with DSA and SMA. 4:45 p.m. The Board convened in closed session. 5:54 p.m. RESULTS OF CLOSED SESSION: Chair Bibby advised that information was provided and direction given to the negotiator and staff relative to labor negotiations with SEIU and MCMCO; and direction was provided to staff relative to the public employee appointment item. CONSENT AGENDA: CA-1 Adopt a Resolution Designating the Method by which the Appropriation Limits will be Calculated for the 2006-2007 Fiscal Year (Auditor); Res. 07-441 CA-2 Adopt a Resolution Establishing and Adopting Appropriation Limits for the 2006-2007 Fiscal Year (Auditor); Res. 07-442 CA-3 Authorize the Board of Supervisors Chair to Apply for Certified Unified Program Agency (CUPA) Reimbursement Funds and Sign Disbursement Worksheet for Rural CUPA Reimbursement Funds for Fiscal Year 2007-2008 and Authorize the Health Officer to Submit and Sign Additional Documents to Secure Funding as Necessary (Health Officer); Res. 07-443 CA-4 Authorize an Amendment to Agreement with Roger Stephens Engineering Increasing the Agreement for Map Checking, Legal Description Checking and General Surveying Services, in the Amount of $10,000 and Authorize the Board of Supervisors Chair to Sign the Amendment (Public Works Director); Res. 07-446 CA-5 Approve an Amendment to Agreement with MuniFinancial to Update the Development Fees for Planning, Public Works and Environmental Health and Authorize the Board of Supervisors to Sign the Amendment (Planning Director); Res. 07-447 CA-6 Approve Human Services Staff to Donate Accrued Vacation and/or Compensatory Time to the Sick Leave Account of a Human Services Employee (Human Services Director); Res. 07-444 CA-7 Approve a Resolution Adopting the Fiscal Year 2007-2008 Final Budget as Reviewed and Amended, and Authorize Certain Actions to Implement the Budget (County Administrative Officer/Personnel/Risk Manager); Res. 07-448 CA-8 Approve a Resolution Supporting the Metropolitan Transportation Commission’s Mandate for the Completion of the Bay Area Regional Rail Plan (Supervisor Fritz); Res. 07-445 ---PAGE BREAK--- 6 9-18-07 5:55 p.m. Adjournment in memory of Hazel Eickworth, Larry L. Christie, Nancy “Nan” Martinez, and Ashley Marie Sala. Respectfully submitted, MARGIE WILLIAMS, Clerk of the Board JANET BIBBY, Chair, Board of Supervisors