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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 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 noted that additional and replacement pages were provided for item 11. Input from the public was provided by the following: Paul Chapman referred to item 3 and questioned the need for more rented office space and the increase in staff in the Human Services Department. Supervisor Turpin pulled items 10, 11, and 12. Supervisor Bibby pulled item 3. (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. Eleanor Keuning thanked the Road crew for grading Leonard Road. She referred to a presentation made to the Board on December 4th relative to the development of the economic vitality strategy and implementation plan and previous presentations on this subject, and she commented on the work being done by the Sierra Business Council, and she stated she feels that other local ideas should be incorporated into the report and that local talent should be used, including the completion of the wayfinding sign project. Chair Bibby noted that the Mariposa Task Force worked on the wayfinding signs and that project is still on the list of things to be completed. Mary Ann Huff, President of the Mariposa County Chamber of Commerce, advised of the success of the 10th annual Merry Mountain Christmas event and she provided information on the holiday activities scheduled for this coming weekend with the Lion’s Club at the Courthouse and the Winter Wonderland in the North County. Board Information Thomas P. Guarino, County Counsel, reported that the Court of Appeal ruled in the case of Bird v. the County of Mariposa relative to charges that the Board had not held its meetings appropriately. The ruling was in favor of the County, including costs. Supervisor Fritz advised that she attended the Chamber of Commerce’s Merry Mountain Christmas events. She attended the High Speed Rail committee meeting in Merced and discussion was held relative to the Altamont versus Pacheco Pass route. She plans to attend the Merced River Plan meeting in Yosemite on Wednesday. She congratulated Leroy Radanovich and Dell Knell for be selected as the Grand Marshals for the Merry Mountain Christmas parade. Supervisor Turpin advised that the Arts Council worked to bring the Air National Guard of the West Coast Christmas program to Mariposa and to the Hacienda in Don Pedro on Friday, and that he MARIPOSA COUNTY BOARD OF SUPERVISORS SUMMARY OF PROCEEDINGS December 11, 2007 ---PAGE BREAK--- 2 12-11-07 attended the event. He attended the Merry Mountain Christmas parade on Saturday and the Red Cloud Friends of the Library home tour was held over the weekend. He provided information on the Christmas in Coulterville events scheduled for this coming weekend. Supervisor Pickard provided information on recycling and relative to the California Product Stewardship on behalf of Supervisor Turpin and himself representing the Solid Waste Task Force. He advised that he plans to attend the Regional Council of Rural Counties meeting on Wednesday in Sacramento and the Yosemite/Sequoia Resource Conservation and Development Council meeting on Thursday in Tulare. Supervisor Aborn advised that he attended the Mountain Riders annual Christmas party on Saturday; and he participated in the High Speed Rail committee meeting on Thursday by telephone conference call. He advised that repair work is beginning on the Highway 120/140 corridor and noted the need to get the information on the schedule of the road closures out to the public. Supervisor Bibby thanked the Planning staff for their assistance with the Catheys Valley Advisory Community meeting on Thursday. She advised that she was in Trinity County over the weekend and they are really watching their water situation. She plans to attend the Community Action Agency meeting with Supervisor Turpin on Wednesday and will not be able to attend the Foreign Trade Zone meeting scheduled for the same day. She provided input on the First 5 meeting and their grant application request for the school readiness program for continuance of the preschools. Richard J. Benson, County Administrative Officer; Receive Report from CalTrans Regarding the Ferguson Rock Slide Permanent Restoration Project Options, Discuss Options and Authorize The Board of Supervisors Chairman to Sign a Letter to CalTrans Communicating the Board’s Preferred Alternative BOARD ACTION: Kome Ajise, CalTrans District 10 Director, provided information on the public hearings they held on November 28th and 29th and relative to their plans and goals to reopen the Highway to full service as soon as possible – they have set an aggressive schedule and hope to be able to start construction in the summer of 2008. Discussion was held. Kome Ajise, Julie Dunning/CalTrans Deputy Director, and Christine Cox/CalTrans Office Manager for Environmental Studies, responded to questions relative to the project and the temporary third bridge that is proposed to keep traffic flowing during construction; and relative to the permitting process with the Forest Service and the federal agencies. Chair Bibby thanked CalTrans for being so accessible to the Board and the public during this process. Following discussion, (M)Turpin, (S)Aborn, Res. 07-565 was adopted approving the letter to CalTrans/Ayes: Unanimous. 10:25 a.m. Recess 10:30 a.m. Supervisor Aborn; Adopt a Resolution Supporting the Altamont Alignment for the Bay Area to Central Valley High Speed Train and Supporting Recirculation of the Draft EIR/EIS BOARD ACTION: Supervisor Aborn initiated discussion and advised of suggested language changes in the draft resolution. Input from the public was provided by the following: Kenneth Mostern, TIE (Transportation Involves Everyone), thanked the Board for its leadership to oppose the draft EIR and supporting its recirculation. He provided input on the problems with the Pacheco Pass route and the benefits of the Altamont Pass route. Ruth Sellers further commented on the inadequacies that she feels exist in the EIR. Eleanor Keuning stated she supports the Altamont Pass route; and she stated she feels that Sacramento should be included in the route. (M)Aborn, (S)Fritz, Res. 07-566 was adopted with the changes as requested. Discussion was held relative to the distribution of the resolution, and it was agreed to copy the counties in the San Joaquin Rail area and the High Speed Rail Committee. Supervisor Pickard noted that Supervisor Fritz is also on the Committee; and he asked that future Board agenda items include both Board members that are representing a particular committee. The motion was amended, agreeable with the maker and second, to include further language changes as recommended by County Counsel/Ayes: Unanimous. ---PAGE BREAK--- 3 12-11-07 10:42 a.m. Leroy Radanovich, Tourism Director for Yosemite/Mariposa County Tourism Bureau; Tourism Progress Report BOARD ACTION: Leroy Radanovich presented the report, he introduced the Tourism Bureau Board members that were present, he commended Mary Ann Huff for her work with the Chamber of Commerce and for being the first President from the North County, advised of their work on the business improvement district – he will be bringing an item to the Board probably in late January 2008, and he urged everyone to view their website – www.homeofyosemite.com. Discussion was held relative to the status of tour buses coming through the County with the Ferguson Rockslide, impacts on tourism with the gaming casinos, and the status of staffing for the Bureau. Input from the public was provided by the following: Paul Chapman stated he feels that the County needs to stop the export of water to the Chukchansi Casino and he commented on the make-up of the directors of the Tourism Bureau and the need to advertise something that is different for the County from other areas. Mary Ann Huff, President of the Chamber of Commerce and North County resident, commented on her attendance at the merchants meetings in Mariposa and she commended the Tourism Bureau for its promotion efforts. She noted that the Highway 132 corridor needs to be promoted as a route to Yosemite, and she recommended that J-32 be changed to a State highway to help with economic growth. She noted that the Chamber is upgrading its web page to work with the Tourism Bureau’s website. She also noted the importance of the Altamont Pass route to the North County. Supervisor Bibby commented on discussions with Merced Irrigation District relative to offsetting the costs impacts that the County has with providing services to the area. Leroy Radanovich responded to her questions relative to the airing times for the radio advertising and relative to the membership of the Tourism Bureau and their meetings. Richard J. Benson, County Administrative Officer; Conduct Strategic Planning Forum to Develop a Combination Grant to the State Community Development Block Grant Program for a Housing, Jobs Training and Fire Component; and to Provide Direction to Staff BOARD ACTION: Discussion was held with Rick Benson and Marilyn Lidyoff/Administration- Business Development Coordinator. Jim Rydingsword, Human Services Director, and Janet Gass/HSD-Contract Administrator, provided input on the housing component and recommendation for projects including the Whispering Pines apartment complex water project. Supervisor Bibby stated she would like to see what other housing projects in the County need assistance and would like more information on the proposed project. Input from the public was provided by the following: Paul Chapman stated he agrees with the request for a fire truck, but questioned the other projects. He stated he feels the projects should benefit the County. Gwen Nitta, Mother Lode Job Training, provided input on the success of the job training services they have provided. Ruth Catalan questioned whether the Health Department is involved in the water problem with the apartment complex that was discussed; and she questioned why the County is subsidizing rent with the Voucher Program for this complex given the water problems. Bill Flaherty, Victim Services Supervisor, provided input on the experience the District Attorney’s Office has had with Mother Lode Job Training and stated they appreciate being able to work with them with staffing and training. (M)Fritz, (S)Pickard, direction was given to staff to try to obtain the CDBG funds as recommended, with the stipulation that other housing projects in the County be reviewed for needing assistance. Supervisor Pickard commented on the efforts of the Affordable Housing Committee’s work and the need for them to proceed. He also stated he feels the County should continue working on the Public Works type-projects that have been started with these funds. Supervisor Bibby stated she is not supportive of proceeding with the apartment complex project, but supports the job training and fire component. Ayes: Aborn, Turpin, Fritz, Pickard; Noes: Bibby. ---PAGE BREAK--- 4 12-11-07 Consider Items Removed from the Consent Agenda Item 3 – Supervisor Bibby initiated discussion relative to the lease agreement for additional office space for Human Services and the limited parking spaces. Jim Rydingsword, Human Services Director, advised that they are reviewing alternatives for parking and provided input on their need for office space. Rick Benson clarified that the building permits have been finaled. (M)Fritz, (S)Pickard, item 3 was approved/Ayes: Unanimous. Karen Robb, Farm Advisor/Anne Lombardo, Program Representative - University of California; Present Information Regarding New Project on Wildfire Management and Forest Stewardship being Conducted by the University of California and Other Agencies in the Sierra Nevada BOARD ACTION: Anne Lombardo presented information on the seven-year project located in the Fish Camp/Nelder Grove/Sugar Pine area and advised that they are developing an educational component for the students. Discussion was held. 12:44 p.m. Recess 12:53 p.m. Consider the Remaining Items Removed from the Consent Agenda Items 10 and 11 – At Supervisor Turpin’s request, Rick Benson reviewed the MOUs. Input from the public was provided by the following: Bill Flaherty, as a member of the MCMCO bargaining unit, stated it was a pleasure to work with Rick Bolanos in the labor negotiation process. Rick Benson commended Rick Bolanos, Sandi Laird, and the negotiators from the bargaining units for their work with the labor negotiations. Supervisor Bibby asked for clarification of whether the language that is in the MOU with MCMCO relative to participation in a management/labor committee to review and discuss the County’s pension plan unfunded liability and to evaluate options for addressing that liability is included in the MOU with SEIU. The Board recessed at 1:02 p.m. for the County Administrative Officer to research this question. The Board reconvened at 1:04 p.m. and Rick Benson advised that SEIU agreed to this matter; however, the language is being formulated in a side letter. Discussion was held and Sandi Laird/Administrative Analyst-Administration responded to questions relative to this matter. (M)Fritz, (S)Pickard, item 10/MOU with MCMCO was approved; and direction was given for the MOU with SEIU to come back on the agenda for December 18, 2008, with the side letter/Ayes: Unanimous. Further discussion was held, and County Counsel advised that the side letter would be behind the MOU when it is brought back. Item 12 – Supervisor Turpin initiated discussion relative to the letter to BLM, and he asked that copies be distributed to our state and federal legislators, Tom Quinn/Stanislaus National Forest Supervisor, CSAC, and RCRC. Input from the public was provided by the following: Keith Williams suggested that a copy also be sent to the State Parks and Recreation OHV Division, and the Board concurred. Supervisor Pickard asked that a copy also be sent to Ed Cole/Sierra National Forest Supervisor, and the Board concurred. (M)Turpin, (S)Fritz, item 12 was approved and direction was given for distribution as discussed/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 Administrative Officer) BOARD ACTION: (M)Turpin, (S)Aborn, Res. 07-570 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. A) CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: DSA (Deputy Sheriff’s Association); Name of County Designated Representative: Richard Bolanos; and ---PAGE BREAK--- 5 12-11-07 B) CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: SMA (Sheriff’s Management Association); Name of County Designated Representative: Richard Bolanos (Richard J. Benson, County Administrative Officer/Personnel/Risk Manager BOARD ACTION: Rick Benson withdrew these items from the agenda. 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: Citizens for the Protection and Preservation of Wawona v. Mariposa County Board of Supervisors (County Counsel) BOARD ACTION: (M)Fritz, (S)Aborn, the closed session was held/Ayes: Unanimous. 1:35 p.m. Chair Bibby announced that information was received as a result of the closed session. CONSENT AGENDA CA-1 Appoint Susan Peterson to Serve as a Member of the In Home Supportive Service Advisory Committee (Human Services Director) CA-2 Approve an Agreement with Community Regional Medical Center for Inpatient Services and Authorize the Board of Supervisors Chair to Sign the Agreement (Human Services Director); Res. 07-558 CA-3 Approve a Lease Agreement with Tolley and/or Sherry Gorham for Additional Office Space for Social Services, Located at 5174 Highway 140 North and Authorize the Board of Supervisors Chair to Sign the Agreement (Human Services Director); Res. 07-567 CA-4 Authorize the Human Services Director to Submit a Request to the State Department of Mental Health for $75,000 in Planning Funds that are Set Aside for Mariposa County, to be Used to Create a Mental Health Prevention and Early Intervention Plan that will Serve Mariposa County Residents (Human Services Director); Res. 07-559 CA-5 Approve the Detection Trapping Contract No. 07- 0635 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. 07-560 CA-6 Approve Pierce’s Disease Control Program/Glassy-winged Sharpshooter Contract No. 07-0107-1, Amendment 1 for Fiscal Year 2007-2008 Thru 2009-2010 with California Department of Food and Agriculture (CDFA) and Authorize the Board of Supervisors Chair to Sign the Amendment (Agricultural Commissioner); Res. 07-561 CA-7 Approve an Agreement with 35-A District Agricultural Association for Use of the Fairgrounds Facility for Calendar Year 2008 for Trainings, Meetings and other Similar Events and/or Activities and Authorize the Board of Supervisors Chair to Sign the Agreement (Sheriff); Res. 07-562 CA-8 Approve the Sheriff’s Office Staff to Donate Accrued Vacation Time to the Sick Leave Account of a Sheriff’s Office Employee (Sheriff); Res. 07-563 CA-9 Approve Additional Pages of an Agreement Previously Approved by Resolution No. 07- 512, with Total Merchant Services for Acceptance of Credit Card Payment of Fines, Fees, Restitution and Other Financial Obligation Ordered by Mariposa County Superior Court and Authorize the Board of Supervisors Chair to Sign the Additional Pages of the Agreement (Chief Probation Officer); Res. 07-564 ---PAGE BREAK--- 6 12-11-07 CA-10 Approve a Three Year Memorandum of Understanding (MOU) with the Mariposa County Managerial and Confidential Organization (MCMCO) Effective November 1, 2007 and Authorize the Board of Supervisors Chair to Sign the MOU and Authorize Auditor to Transfer Appropriations to Each Affected Budget Unit in Order to Implement Provisions of the MOU (County Administrative Officer/Personnel/Risk Manager); Res. 07-568 CA-11 Approve a Three Year Memorandum of Understanding (MOU) with the Service Employees International Union, Local 521 (SEIU) Effective November 1, 2007 and Authorize the Board of Supervisors Chair to Sign the MOU and Authorize Auditor to Transfer Appropriations to Each Affected Budget Unit in Order to Implement Provisions of the MOU (County Administrative Officer/Personnel/Risk Manager); This item was continued to December 18, 2008, for the side letter to be included as discussed. CA-12 Approve a Letter in Reference to the BLM Sierra Resource Management Plan/Environmental Impact Statement of August 2006 (Supervisor Turpin); Res. 07-569 1:36 p.m. Adjournment in memory of Mark Evans and Dorothy “Dot” Dryden (Greenamyer). Respectfully submitted, MARGIE WILLIAMS, Clerk of the Board JANET BIBBY, Chair, Board of Supervisors