Full Text
MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA March 1, 2005 Time Description 9:06 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Introductions Public Presentations: For Non-Timed Agenda Items including Attention, Information, and Consent Agenda, and for Items Not on the Agenda – none. Board Information Supervisor Fritz advised that she and Supervisor Turpin attended the second session of the New Supervisors Institute/CSAC in Sacramento last week. Supervisor Stetson advised that he attended a Bureau of Land Management (BLM) meeting that was held at the Government Center on Friday. Supervisor Bibby advised that she will not be able to attend the Chamber of Commerce recognition dinner for service clubs and organizations as there is a recreation sports complex meeting at the same time. She reminded everyone of the annual Hornitos Enchilada dinner sponsored by the Patron’s Club to be held on Saturday, and she advised that the proceeds from the benefit are used to improve the Stagg Hall. She advised that the Indian Health Clinic held its grand opening on Saturday, and she encouraged people to contact the clinic as the requirements have changed and they want to see the public use it for health services. She complimented the Sheriff’s Department and the trainers on the concealed weapons permit training that was held on Saturday. She also advised that on Sunday she attended the conservation dedication, which Supervisor Stetson also attended, and there was recognition given to the Long Ranch for the 3,000 acres that went into the Mariposa-Sierra Conservancy. She noted that this is instrumental to this community because it is located along Highway 140 and preserves open space for the future generations to see what the County used to look like. Supervisor Turpin commented on the New Supervisors Institute/CSAC session that he attended. He commented on the good water year we are having, and he noted the opportunity to launch boats at Bagby and Horseshoe Bend. He also advised that he scheduled his first District meeting on March 3, 2005, at 7:00 p.m. at the Coulterville Community Center. Supervisor Pickard advised that he attended the County Medical Services Program (CMSP) Governing Board meeting on Thursday, and discussion was held relative to mental health services, and a series of public meetings will be held. He announced that the State Association of Resource Conservation Development Councils is bringing the Pacific Rim Conference to California, and the Yosemite/Sequoia Resource Conservation and Development Area will be the hosting representative for the conference. Approval of Minutes 1-18-05, Regular Meeting BOARD ACTION: (M)Fritz, (S)Stetson, the minutes were approved with a correction to show Supervisor Turpin as an alternate representative to RCRC/Ayes: Unanimous. Approval of Minutes 1-25-05, Regular Meeting BOARD ACTION: (M)Stetson, (S)Fritz, the minutes were approved with a correction to reflect the awards the Board members received at the Chili Cook-off event/Ayes: Unanimous. ---PAGE BREAK--- 3-1-05 2 Approval of Consent Agenda (See End of Minutes) BOARD ACTION: Supervisor Pickard pulled item 3. Supervisor Bibby pulled items 8 and 9. (M)Fritz, (S)Turpin, the balance of the items was approved/Ayes: Unanimous. Consent Agenda item 3 – Supervisor Pickard initiated discussion relative to options to preparing individual recognitions, as some of the organizations could be missed and may not be able to attend the event; and he suggested that consideration be given to issuing a proclamation for these types of events. Discussion was held. Supervisor Bibby suggested that we work with the Chamber in planning for next year’s event relative to the recognition of clubs and organizations. (M)Fritz, (S)Stetson, item 3 was approved/Ayes: Unanimous. Consent Agenda item 8 – Supervisor Bibby initiated discussion relative to the agreement with Fred Youngren, including concerns as to whether the language allows for supervision of County staff and all activities and use of equipment, and relative to the term of the contract. Dana Hertfelder, Public Works Director, responded to the questions and advised that Public Works has supervision over the contractor. Tom Guarino, County Counsel, also responded to the questions relative to the contract language, and he clarified that this contract is a part of the interim emergency operation of the landfill. He suggested that a provision could be added to the contract that it is administered under the direction of the Public Works Director, and that the schedule of services would be as directed by Public Works, and the Board concurred. Discussion was held as to whether there could be subcontracts to this contract. Rich Inman, County Administrative Officer, suggested that the language in Exhibit could be amended, and the Board concurred with Tom’s suggestion that wording be added to reflect that hiring would be done with the approval of the Public Works Director. (M)Stetson, (S)Bibby, Res. 05-68 was adopted approving item 8, with the changes in the contract as suggested by County Counsel and the County Administrative Officer/Ayes: Unanimous. Consent Agenda item 9 – Supervisor Bibby initiated discussion relative to the increase in costs for the services, and she noted that this could be an increase in County costs, as the costs are not always recovered. (M)Bibby, (S)Fritz, item 9 was approved/Ayes: Unanimous. Marjorie Wass, Treasurer; A) Investment Report by Fiduciary Trust, Investment Consultants BOARD ACTION: Eric Reynolds, Fiduciary Trust, presented the annual report of the status of the County’s portfolio. Discussion was held. B) Approve and Adopt Changes to the Mariposa County Investment Policy BOARD ACTION: Discussion was held with Marjorie Wass. (M)Bibby, (S)Stetson, Res. 05-70 was adopted approving the changes to the policy/Ayes: Unanimous. Chairman Pickard called for public comment on the Treasurer’s agenda items, and none was received. 10:30 a.m. Recess 10:44 a.m. Rich Inman, County Administrative Officer; Approve Mid-Year Budget Adjustments Reducing General Contingency by $78,925 and Approve Re- Classification Requests BOARD ACTION: Rich Inman thanked Mary Hodson, Deputy County Administrative Officer, for her work on the mid-year budget; and he presented the staff report on the mid-year budget. He also advised that he will be recommending a new position in the Technical Services Department. Chairman Pickard asked that the Board consider the mid-year budget adjustments and then the reclassification requests. Supervisor Bibby asked about the status of the Sund-Pelosso budget and the vehicle storage costs. Bob Brown, District Attorney, responded to the questions, and he advised that the Stayner case is on appeal and the vehicles need to be stored until the appellate issues are resolved. Supervisor Bibby commented on the increase in costs for fire and dispatch services; and she asked about the impact on the Blanchard Station contract. Mary Hodson advised that she has not received any budget requests to increase the funding for the contract for this year. ---PAGE BREAK--- 3-1-05 3 Supervisor Bibby asked about the audit exception in the Probation Department. Gail Neal, Chief Probation Officer, explained the circumstance and the request for the budget action to cover the audit exception. Supervisor Bibby asked whether all outstanding revenues have been received for the Road budget for this fiscal year; and she asked about the map checking services. Carl Casey/PWD-Fiscal Officer, advised that they are current with the revenues, and he explained the map checking services and how it relates to the roads. Dana Hertfelder also provided input and responded to the questions relative to the map checking process and fees. Staff advised that an item will be brought back to review the fee structure. Supervisor Bibby asked about the Planning’s budget request, and the status of employees working out of class. Kris Schenk, Planning Director, advised that the employees are working out of class until the senior planner position is filled. Supervisor Bibby asked about the status of receipt of payment from Merced Irrigation District. Mary Hodson advised that the money is received annually about this time of the year. Supervisor Bibby noted the importance of monitoring grants and the projected revenues, and encouraged everyone to be watchful of this. Rich Inman advised of his visit to Tuolumne County and their Department of Revenue and Recovery for processing revenues and fee collections. He stated he has spoken with the Treasurer/Tax Collector and he will continue to investigate this option. Supervisor Bibby noted that it will need to be researched as to whether the money is there to collect with respect to the Courts. Input from the public was provided by the following: Yvonne Bennett stated she feels the Don Pedro 1M Fund is not meant for fire protection for the County; that it was meant for garbage. Supervisor Turpin noted that there is a need to review the Amador Plan and the rising costs. Chairman Pickard noted the need for repairs at the History Center due to water leaks. Supervisor Bibby asked for an update on the repairs at the Amphitheater. Dana Hertfelder advised that the repairs have been evaluated by two contractors and they will be opening bids today for a general services contractor to help with the project. They are trying to finalize the estimates for the repairs at the History Center and will come back with an item. (M)Stetson, (S)Fritz, Res. 05-71 was adopted approving the mid-year budget adjustments as recommended/Ayes: Unanimous. Chairman Pickard commented on the need to work on getting the Vehicle License Fee funding reinstated to the three counties that do not have cities. Rich Inman presented the staff report for the reclassification requests, and he noted that the requests were made during the budget cycle of the previous year. He also noted during the discussion that the departments recommended a higher salary range than what is being recommended, and the personnel staff recommended a lower range than what he is recommending. Tom Guarino, County Counsel, presented justification for his request to reclassify the Executive Secretary to an Executive Assistant; and he reviewed the changes in the function of the position. Discussion was held. Supervisor Bibby asked whether the request was reviewed as a part of HCD’s class and comp review, and she asked about comparison of the job duties with other job descriptions in the County. Rich Inman advised that the request was not a part of the study, and he noted that there is a confidential relationship between this position and the Board and that is unique to this position; and he advised of his recommendation for the reclassification. Bob Lowrimore, Assessor-Recorder, presented justification for his request to reclassify the Property Mapper to a Cadastral Mapper. He noted that with the new GIS base map that this position will be responsible for maintaining the map. Supervisor Bibby noted that a text correction needs to be made on page four of the job description for this position. Ken Hawkins, Auditor, presented justification for his request to reclassify an Accounting Technician III to a Payroll Manager, and he noted the significant changes in the job over the last twenty years. Rich Inman commented on the process with the HCD equity study, and he noted that there is a delay to wait for SEIU negotiations. He also reviewed the reclassification requests that were not recommended: Account Clerk III in Public Works to Accounting Technician III; Equipment Mechanic in Public Works to Equipment Mechanic Supervisor; and Executive Secretary in Public Works to a confidential position. Discussion was held. Supervisor Turpin asked about the status of reorganization of Public Works, and Rich advised that he hopes to bring that matter to the Board within the next thirty days. ---PAGE BREAK--- 3-1-05 4 Input from the public was provided by the following: Kristy Waskiewicz, MCMCO-AFSME Bargaining Unit, noted that there are three positions that need to be addressed that are not included in this item. They are as follows: changing the Victim Services Supervisor and the Administrative Assistant in the District Attorney’s Office from the SEIU bargaining unit to MCMCO, and she advised that both Unions, the department head and the incumbents in the positions are supportive of the change; and the Assistant Assessor-Recorder needs a salary adjustment and she reviewed the history of this position. She stated she would like to know why these positions are not being addressed and made a formal request for a meeting to be set to discuss these issues. Rich Inman advised that the reassignment of bargaining units for the two positions will be on the agenda for March 15th; and he stated he does not remember seeing anything to review for the Assistant Assessor-Recorder position, and he agreeable with meeting on that issue. Supervisor Bibby initiated discussion relative to the request to reclassify the Deputy Clerk to the Board position to be tied to the Executive Secretary classification; and she asked how the recommended salary range was reached and whether the position went through the comp study. Rich Inman advised that the request did not go through the comp study, and he noted that the comp study has not been done yet; however, it did go through the classification study and was changed to the Deputy Clerk to the Board. He advised that the request was received from the Clerk of the Board; and he commented on the change in the Clerk of the Board’s job description; however, he noted that this is a function with a great deal of independence. He also responded to Supervisor Bibby’s question, and he advised of the other existing allocations of Executive Secretary for the County Counsel’s Office and for the front desk position in the Administration Office. Supervisor Bibby provided input on the reclassification process and previous actions taken by the Board, and she noted the importance of maintaining the integrity of the system. (M)Stetson, (S)Fritz, Res. 05-72 was adopted approving the recommendations of staff to reclassify the following positions: Accounting Technician III in the Auditor’s Office to Payroll Specialist; Deputy Clerk to the Board in the Board’s Office to tie it to the Executive Secretary classification; Executive Secretary in the County Counsel’s office to Executive Assistant; and Property Mapper in the Assessor-Recorder’s office to Cadastral Drafting Technician I/II, and assigning the incumbent to the level II; and denying the three requests in the Public Works Department for reclassification/Ayes: Stetson, Turpin, Fritz, Pickard; Noes: Bibby. Mary Hodson advised paperwork needs to be prepared and that action needs to be taken to transfer funds for the reclassifications. (M)Stetson, (S)Fritz, Res. 05-73 was adopted transferring $12,600 from General Fund Contingency for the reclassifications/Ayes: Stetson, Turpin, Fritz, Pickard; Noes: Bibby. Tom Guarino, County Counsel; Waive First Reading and Introduce an Ordinance Amending Section 16.36.030 of Chapter 16.36 Entitled “Indemnification Agreements” to the Mariposa County Code BOARD ACTION: Discussion was held with Tom Guarino. Supervisor Pickard stated he does not feel that the indemnification agreements should be required for the more routine-type projects. Supervisor Bibby asked about the statute of limitations for protecting the County. (M)Bibby, (S)Fritz, the first reading was waived and the Ordinance was introduced. The Clerk of the Board read the title of the Ordinance into the record. Ayes: Stetson, Turpin, Bibby, Fritz; Noes: Pickard. Ken Hawkins, Auditor; Authorize 9/80 Flex Schedule for All Employees in the Auditor’s Office for Ten Months Each Year, Excluding the Months of November and December BOARD ACTION: Discussion was held with Ken Hawkins. Supervisor Bibby clarified that this schedule is for all of the employees in the Department and that they will be able to adjust to the new schedule. Ken advised that the Union was not contacted; however, he doesn’t see a problem and he can make that contact. Tom Guarino, County Counsel, advised that if this is a meet-and-confer obligation, that the Union should be contacted by the County’s Personnel Manager prior to implementation. He further advised that the Board could take action to approve the request, pending the meet-and-confer ---PAGE BREAK--- 3-1-05 5 process or verifying that it does not require that process. (M)Stetson, (S)Bibby, Res. 05-74 was adopted approving the request, with direction to staff as suggested by County Counsel. Chairman Pickard called for public input and none was received. Ayes: Unanimous. Kris Schenk, Planning Director; Approve the Second Amendment to the Contract with Parsons for Completion of the General Plan and Environmental Impact Report (EIR) Re-Circulation; and Approve Budget Action Transferring Funds from General Contingency to General Plan Professional Services ($38,000) (4/5ths Vote Required) BOARD ACTION: Discussion was held with Kris Schenk. (M)Fritz, (S)Turpin, Res. 05-75 was adopted approving the contract amendment and budget action as recommended. Chairman Pickard called for input from the public and none was received. Ayes: Unanimous. Discussion, Direction, and Action Regarding Overpayment of Supplemental Medical Insurance Payment (SMIP) (County Administrative Officer and County Counsel) BOARD ACTION: Discussion was held with Tom Guarino, County Counsel. Ken Hawkins, Auditor, advised of changes in the payroll staff during this process; and he advised that after a thorough review, there is no doubt in his mind and he feels that the payments were made appropriately. Ken also advised that he concurred with the recommended action. (M)Stetson, (S)Turpin, Res. 05-76 was adopted ratifying the prior payments of SMIP to protect employees from any potential claim that such amounts were not paid according to the Board’s prior instructions/Ayes: Unanimous. 12:56 p.m. – Lunch 2:02 p.m. Tom Guarino, County Counsel; Discussion and Direction Relative to a Resolution Establishing an Amnesty Program for Yosemite West (Continued from 2-15-05) BOARD ACTION: Tom Guarino reviewed the situation; and he advised that a response to the County’s letter concerning the moratorium has not been received as of this date from the Regional Water Quality Control Board. Discussion was held as to whether the amnesty program should be applicable to all or just to those with issues pending at the time of the moratorium in Yosemite West. Discussion was held with Dana Hertfelder, Public Works Director, relative to the status of the waste water treatment project and the legal issues with the contractor. Discussion was held relative to the amnesty program proposal. Supervisor Bibby asked about the collection of transient occupancy taxes if amnesty is granted; and she asked whether the Yosemite West Advisory Committee has reviewed the proposal, and requested that the Committee make a formal recommendation to the Board. Supervisor Pickard asked about the Committee’s recommendation. Tom Guarino noted that enforcement will need to be done following the amnesty program. Supervisor Bibby asked about fees and processing for the amnesty permits. Supervisor Stetson stated he feels that there needs to be more work on the draft proposal and that the issues that have been raised need to be addressed. Dana Hertfelder and Sarah Williams Deputy Planning Director, responded to questions relative to the number of violations that are in existence that staff is aware of. Input from the public was provided by the following: Don Pitts stated he does not feel that the Board should take input at this time if the proposal is going to be revised. He also stated he feels that the proposal is too inclusive and does not penalize anyone. Don Starchman, Starchman and Bryant Law Offices, on behalf of Ken LeBlanc, stated he believes his client’s case was the focus of this proposal coming forward. He stated he feels that the Board agreed to address those uses that were in place at the time of the effect of the moratorium. He referred to the letter to the Water Board and approval of those uses that will not increase the flow; and he stated the moratorium is for those uses that would add to the flow. He thanked staff and the Board, especially County Counsel, for their efforts on this matter. He stated he would be okay with broadening this and hopes that the Board will move forward on this matter. ---PAGE BREAK--- 3-1-05 6 Further discussion was held. Supervisor Stetson noted the concerns he has received that people feel that a blanket amnesty act could determine the character of the area. Dana Hertfelder responded to questions from the Board as to how soon the moratorium could be lifted after the plant is operating. (M)Stetson, (S)Fritz, direction was given to County Counsel to come back with an agenda item to take care of the violations that were in effect at the time the moratorium took effect. Discussion was held relative to consideration of imposing penalties. Tom Guarino asked for clarification of the motion relative to allowing structures and uses versus just structures that existed prior to the moratorium. The motion was clarified to state that the ordinance would be revised to reflect that you had to have an existing structure and existing use prior to the moratorium going into effect to qualify for the amnesty program. Supervisor Stetson asked about the status of the continued LeBlanc appeal with this action. Tom Guarino advised that it would be up to Mr. LeBlanc as to whether he would agree with another continuance of his appeal. Dana Hertfelder responded to a question from the Board relative to verifying the flow issues in relation to the establishment of the uses. Tom advised that he will work with Supervisor Stetson to circulate the revised proposal through the Advisory Committee before it comes back to the Board. Ayes: Stetson, Turpin, Fritz, Pickard; Noes: Bibby. CLOSED SESSION: Conference with County Labor Negotiator: Name of Employee Organization: SEIU Local 250, Health Care Workers Union; Name of County Designated Representative: Jeff Green (County Administrative Officer); and CLOSED SESSION: Conference with Legal Counsel Relative to Anticipated Litigation/Initiating of Litigation for a Case Pursuant to Subdivision of Government Code Section 54956.9 (Continued from 2-22-05) (County Counsel) BOARD ACTION: Staff advised that these closed session were not necessary. 3:22 p.m. CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: SEIU Local 535; Name of County Designated Representative: Rich Inman (County Administrative Officer); and CLOSED SESSION: Conference with Legal Counsel; Anticipated Litigation/Significant Exposure to Litigation Pursuant to Subdivision of Government Code section 54956.9 Relative to a Workers’ Compensation Case (County Administrative Officer); and BOARD ACTION: (M)Bibby, (S)Turpin, the closed sessions were held with Sandi Laird/Administration-Administrative Analyst, to be present/Ayes: Unanimous. 5:14 p.m. Chairman Pickard announced that direction was given to staff as a result of the closed sessions. 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. 05-63 CA-2 Accept the Resignation of David Marks from the Historic Sites and Records Preservation Commission (Supervisor Pickard) CA-3 Approve Certificates of Appreciation to Local Organizations for Their Service to the Community for Presentation at the Chamber of Commerce’s Appreciation Dinner Recognizing Clubs and Organizations (Supervisor Fritz); and direction was given for further review for next year’s event. CA-4 Authorize the Sheriff’s Department to Accept a Bid and Authorize the Chairman of the Board of Supervisors to Sign a Professional Service Contract with Design ---PAGE BREAK--- 3-1-05 7 Concepts for the Construction of a Heavy Aluminum Patrol Boat through a Grant Provided by the California Department of Boating (Sheriff); Res. 05-64 CA-5 Authorize the Chairman of the Board of Supervisors to Sign a Contract between 35-A District Agricultural Association and Mariposa County for the Mariposa County Sheriff’s Community Organized Policing Effort (S.C.O.P.E.) Personnel to Provide Security and Other Related Acts During the Mariposa County Fair September 2nd through 5th, 2005 (Sheriff); Res. 05-65 CA-6 Authorize the Chairman of the Board of Supervisors to Sign a Professional Service Agreement with Daniel Michael to Test and Rebuild Self-Contained Breathing Apparatuses (SCBA) (Fire Chief); Res. 05-66 CA-7 Authorize the Chairman of the Board of Supervisors to Sign a Professional Services Agreement with Captain Larry Muenster, California Department of Forestry (CDF) Retired, to Teach Two Wildfire Operations and Safety Courses (Fire Chief); Res. 05-67 CA-8 Authorize the Chairman of the Board of Supervisors to Sign a Professional Service Agreement with Fred Youngren to Assist in the Operation of All Activities at the Mariposa County Landfill (Public Works Director); Res. 05-68, with direction for changes in the agreement CA-9 Approve Memorandum of Understanding (MOU) between the District Attorney’s Office and John C. Fremont Healthcare District for Services to Draw Blood on Suspected Driving Under the Influence (DUI) and Drug Cases, Effective September 2004 (District Attorney); Res. 05-69 CA-10 Re-Appoint Sue Peterson, Jack Smith, Paul Theiss, and Holly Warner to the Mental Health Board for an Additional Three Years (Human Services Director) 5:15 p.m. Adjournment in memory of Elwood “Woody” Carroll, Irven “Rock” C. Lawson, Leonard H. Gabrielson, Clarice Rader, and former Sheriff Norm Garrett. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board