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Time Description 9:04 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Introductions Chairman Stetson introduced the following newspaper reporters that were present: Monica Fouts for the Mariposa Gazette and Laura Cook of the Merced Sun Star. Public Presentation: For Non-Timed Agenda Items including Attention, Information, and Consent Agenda, and for Items Not on the Agenda Kenneth Gosting, Transportation Involves Everyone (TIE) Executive Director, advised that the purpose of their organization is for excellence in transportation. He advised of inaccurate information that is given on the YATI signs and the telephone message line (1-800-gas-road) for road conditions. He played a recent recording from the telephone message line that advised of chain controls, when they had been lifted days earlier. He stated he feels that this impacts the safety of travelers and results in the loss of tourist traffic. He asked the Board to write a letter to CalTrans on these issues. He also noted that Ruth Sellers has been helping them with monitoring the messages. Chairman Stetson stated he would work with Ken Gosting on addressing these issues. Paul Chapman stated he agrees that CalTrans’ has serious problems. He referred to several expenditures for art/tourism related activities; and he stated he feels the dollars would be better spent on salary increases for the deputies and for road maintenance. Ruth Sellers verified the information that Ken Gosting presented. She thanked the Board for looking into this matter. Jacque Meriam, Librarian, presented the starting a small business general guide book that was developed with grant funds; and she thanked Marilyn Lidyoff/Business Development Coordinator, for her assistance. Copies of the guide book are available at the library branches. Jacque also presented the Board with a copy of the quarterly newsletter from the Library/Friends of the Library. Supervisor Bibby noted that a grant writing workshop training session is scheduled for April and that the Library and Marilyn Lidyoff have information. Board Information Supervisor Bibby presented a photograph that Coach Hobby sent to the Board acknowledging support of the “Yes on Sports – No on Tobacco” campaign. She recognized the Hornitos Patrons Club for a successful Enchilada Dinner. She noted that the Storytelling Festival begins this Friday. She advised that she plans to attend the Mental Health Board meeting today at noon. She stated she is willing to work with Supervisor Stetson on the CalTrans issues, and noted that there are also problems with reflective paint maintenance, and that the reflectors were plowed off during the recent storm. Supervisor Fritz advised that she held her District IV meeting last week; and she met with a couple of ladies that are interested in bringing back the bluegrass festival. She advised that the Chamber of Commerce is holding the clubs and organizations recognition dinner on Friday, March 10th, to honor the volunteers in the County. Her next District IV meeting is scheduled for April 5th at 6:30 p.m. at the Government Center. MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA March 7, 2006 ---PAGE BREAK--- 2 3-7-06 Supervisor Pickard advised that Villines introduced AB 2479, funding for the eradication of noxious and invasive weeds. He advised that he will be in Sacramento on Wednesday for “Weed Day” at the Capital as a part of the Weed Coalition. Supervisor Turpin advised that he attended the meeting with the Stanislaus National Forest representatives on Wednesday, and they are working on renewing the MOU with Bower Cave. He read a letter that was signed by several Coulterville residents requesting assistance in addressing a junkyard that is growing in the town of Coulterville. Chairman Stetson asked that the letter be forwarded to Planning, and he noted that the Board would be addressing enforcement as a part of the staffing issues for Planning later this date. Supervisor Stetson advised that the Planning Commission met on Saturday to consider the Yosemite West Special Plan, and he commended Planning staff for their efforts, especially Skip Strathearn/planner. He noted that the Draft General Plan Update is scheduled on the Board’s agenda for March 21st. and that public input is encouraged. On March 14th, the El Portal Advisory Committee is scheduled to meet; and on March 21st, the Midpines Advisory Committee is scheduled to meet. He also noted that the Storytelling Festival is this weekend. Kris Schenk, Planning Director; Direct the Planning Department to Undertake Steps Necessary to Resolve Severe Problems Created by Staffing Shortages and Increasing Workloads. BOARD ACTION: Kris Schenk presented information on the increase in their workload with zoning enforcement issues, permit processing, and advanced planning projects; and he advised of time constraints for processing permits. He presented recommendations to help the Department with the workload, especially during the shortage of planning staff. Discussion was held, and he advised that the recommendation to close a day a week to the public would also apply to Environmental Health and Building. The matter was continued for the following hearing to be opened. 10:02 a.m. The public hearing for General Plan Zoning Amendment No. 2005-101 together with Land Division No. 2005-102, was opened and continued until after the following items. Continued discussion was held relative to the Planning Department staffing shortages and increasing workloads and requested actions. Rich Inman, County Administrative Officer, stated he agrees with the request to hire a financial planning consultant to prepare a comprehensive revision to the Planning Department’s fee schedule (which has not been updated since 1992); and he suggested that this be considered on a countywide basis. Supervisor Pickard expressed concern with the request to close a day a week to the public. Kris Schenk advised that they would provide public notice of the closure and still work with applicants that travel a distance or need to meet deadlines with their projects; and he recommended that it be approved on a six month to one-year trial basis. Chairman Stetson requested that the Board receive a status report in six months. Supervisor Bibby asked whether the Building and Environmental Health departments concurred with this request. (M)Pickard, (S)Bibby, Res. 06-76 was adopted approving the allocation of an additional Planning Technician position/Ayes: Unanimous. (M)Pickard, (S)Turpin, direction was given to staff to develop procedures to out-source the preparation of staff reports for certain types of projects to qualified, independent planning consultants/Ayes: Unanimous. (M)Fritz, (S)Bibby, authorization was given for the development services departments (Planning, Building and Environmental Health) to close to the public on Mondays, in order to provide uninterrupted hours for the review and processing of backlogged applications. Kris advised that he does not plan to begin the closures until April 1st to allow adequate time to coordinate with the departments and to provide notice to the public. The motion was amended, agreeable with the maker and second, to include direction that this be re-evaluated in six months. Supervisor Bibby asked County Counsel to review the County Code relative to office hours to see if an adjustment needs to be made. Ayes: Unanimous. ---PAGE BREAK--- 3 3-7-06 (M)Pickard, (S)Fritz, authorization was given for staff, including the County Administrative Officer, to work on developing a request for proposal to solicit a financial planning consultant to prepare a comprehensive schedule of fees for the County/Ayes: Unanimous. 10:34 a.m. Recess 10:54 a.m. Kris Schenk, Planning Director; PUBLIC HEARING – Resolution Adopting a Mitigated Negative Declaration and Approve General Plan Zoning Amendment No. 2005-101 together with Land Division No. 2005-102; Waive First Reading and Introduce Ordinance Approving Amendment to Mariposa County Land Use and Zoning Map Pursuant to General Plan Zoning Amendment No. 2005-101; Mariposa County Unified School District, Applicant. Project Site is Located at 4166 Lakeview Drive in the Bridgeport area between Lakeview Drive and Yaqui Gulch Road, APN 017-540-010 (Continued from January 24, 2006) BOARD ACTION: Supervisor Bibby advised that there is a new proposal for property that has been presented for consideration, and she plans to bring back information on this new proposal and information on the options. Supervisor Pickard mentioned looking at the County-owned site. Supervisor Bibby advised that information will be brought back on three alternatives for the location of the fire station. Tom Guarino, County Counsel, advised that he received a copy of a letter from the School District Superintendent relative to the outstanding lease agreement with the District and the existing lease offer. Megan Tennermann, Associate Planner, advised that the title report to the subject property was obtained and provided to County Counsel, along with information on the transfer of the property from the School District. She noted that the School District is working directly with County Counsel and the County Administrative Officer, and she has not received any information from the School District. She noted that if other properties are going to be considered, that staff will need to review those, as this review and process has been for this specific parcel. The public portion of the hearing was opened, and there was no public input. The public portion of the hearing was closed. Tom Guarino advised that the Board could hold this project in abeyance pending further direction. Discussion was held. Supervisor Pickard suggested that Supervisor Bibby work with staff and bring back the alternatives for location of the fire station. Supervisor Bibby moved to communicate to the School District that we have new options for the location of the fire station that are being reviewed, and to refer this matter back to staff to bring back the three property options for consideration by the Board and direction. Megan Tennermann recommended that the Board place the project on hold indefinitely, and she noted that the applicant is the County. The motion was restated, and seconded by Supervisor Pickard, to place General Plan Zoning Amendment No. 2005-101 and Land Division Application No. 2005-102 on hold pending review of all of the options/Ayes: Unanimous. The hearing was closed. 11:10 a.m. MARIPOSA COUNTY WATER AGENCY (Chair – Director Turpin; Vice-Chair – Director Bibby) A. Public Presentation – none. B. Introduction of Edward J. Tiedemann Retained by the Water Agency to advise the County Regarding the FERC Licensing Process and the Agreement Between the Merced Irrigation District (MID) and the County of Mariposa Regarding Water Rights Dispute and Discussion Regarding Process. (County Counsel) AGENCY ACTION: Tom Guarino, County Counsel, introduced Ed Tiedemann. Attorney Tiedemann presented information on his background and the background of his firm, Kronick, Moskovitz and Tiedemann, and their work on the agreement with MID for the County. He also advised of the status of their work on other re-licensing projects with other agencies. He stated they are planning to hold a meeting with MID and he hopes that they can obtain assurance from MID that they will continue the contract with Mariposa County; and he noted that the Board of Supervisors may be involved with other issues such as law enforcement, etc. Discussion was held. Director Bibby asked ---PAGE BREAK--- 4 3-7-06 that an update be provided after the meeting is held with MID. Tom Guarino advised that he will be participating in the meeting with MID and that updates will be provided. Input from the public was provided by the following: Leroy Radanovich, Water Agency Advisory Board member, commented on his work with this law firm in the 1980’s for the Saxon Creek project. He advised that Mariposa County is not a “County of origin.” He provided input on the agreement with MID, and he noted that the County does not have any water rights, just rights to build projects on Bean and Maxwell Creeks and limited rights on the South Fork of the Merced River. He commented on the change in the FERC licensing process, and he feels that there will be competition in this process. He asked that the contract be reviewed, because if MID does not receive the license, he feels that the contract may end with no benefits for the County. He stated he is pleased to continue to help with these matters as a Water Agency Advisory Board member. Mark Rowney, MPUD, commented on looking at this re-licensing process as a partnership in support of working with MID. He suggested that the Advisory Board and the Board of Directors each read the existing agreement with MID. He also commented on looking at the issue of possessory interest tax being paid by PG&E on generating plants. Tom Guarino noted that PG&E filed a lawsuit against this County and other counties relative to the possessory tax issue, and has requested that their assessment be changed. He noted that MID is a key player in this lawsuit. Discussion was held. Director Bibby asked that staff work closely with the County Administrative Officer through the process relative to budget issues. 11:30 a.m. Rich Inman, County Administrative Officer; A) Approve Mid-Year Budget Requests Increasing the General Contingency by $17,805 (4/5ths vote); Allocate an Additional Development Services Technician Position, a Hazardous Materials Specialist Position, a Public Health Emergency Coordinator Position, Increase a .80 Registered Environmental Health Specialist Position to Full Time, and Delete one Allocation of a Public Health Nurse Position from the Health Department Effective Immediately; Approve Revisions to Job Descriptions for Substitution Clauses; Approve the Addition of a Vehicle to the Vehicle Replacement List for the Building Department; and Authorize the District Attorney to Sign an Amended Grant Award Agreement for the SRVP Grant; and B) Rich Inman, County Administrative Officer, Marjorie Wass, Tax Collector; Discussion on New Elections Positions BOARD ACTION: Rich Inman thanked Mary Hodson, Deputy County Administrative Officer, for her work on this report. Mary Hodson presented the staff report for the mid-year budget; and she asked that the following be included in the recommended actions: increase the allocation of the Registered Nurse from a .60 to a .80 permanent part-time position, and authorization to purchase two hybrid vehicles for the Health Department. Discussion was held. Supervisor Bibby asked about the status of the audit exceptions for the Sund-Pelosso budget and whether the water damage repairs at the Mariposa Museum and History Center have been included in the mid-year. Supervisor Pickard initiated discussion relative to the request to replace vehicles in the Health Department with hybrid vehicles and he questioned their efficiency for driving in the mountains. Mary Hodson advised that the new positions being requested by the Health Officer for the Hazardous Materials Specialist and the Public Health Emergency Coordinator will need to come back to the Board to approve the job descriptions and salary ranges. She suggested that the issue of purchasing the hybrid vehicles could come back at the same time. (M)Fritz, (S)Pickard, Res. 06-77 was adopted approving the mid-year budget requests increasing the General Contingency by $17,805; allocating an additional Development Services Technician position, a Hazardous Materials Specialist position, a Public Health Emergency Coordinator position, increase a .80 Registered Environmental Health Specialist position to full time, and delete one allocation of a Public Health Nurse position from the Health Department effective immediately; approve revisions to job descriptions for substitution clauses of work experience for college education; approve the addition of a vehicle to the Vehicle Replacement List for the Building Department; authorize the District Attorney to sign an Amended Grant Award Agreement for the SRVP Grant; ---PAGE BREAK--- 5 3-7-06 increase the allocation of a Registered Nurse from a .60 to a .80 permanent part-time position; and direct that more information be brought back on the Health Officer’s request to purchase two hybrid vehicles. The vote was held for the following discussion. Chairman Stetson called for input from the public. Marjorie Wass, Treasurer/Tax Collector/County Clerk, provided information on election issues. She advised that they will need to purchase two optical ballot scanning machines and that she can transfer funds in the Elections budget. She noted that Sequoia is offering to dispose of the old equipment that may involve hazardous materials issues. She also advised that she has a staff person that is planning to retire on May 1st, and she feels she will need an additional position to provide technical assistance with the elections. She advised that she will be bringing agenda items back for these requests. Rich Inman noted that the recommended action to approve the mid-year budget includes the recommendation to substitute work experience for educational requirements. The Clerk of the Board read back the motion to approve the mid-year budget requests. Ayes: Unanimous. 11:59 a.m. Rich Inman, County Administrative Officer; Discussion and Action Concerning County’s Response to Audit Report of California State Controller Concerning Criminal Homicide Trial Costs (Sund-Pelosso) February 16, 1999 through September 30, 2003 BOARD ACTION: Rich Inman presented a revised draft letter to the State Controller’s Office relative to the audit report. Discussion was held. Bob Brown, District Attorney, responded to questions relative to the on-going expense for storing vehicles. He also advised of his communication with our legislators relative to the use of the “rock house” and the trial costs and the processes. He stated he feels that there needs to be a review of the Homicide Manual. Supervisor Bibby encouraged the departments and the Auditor to maintain all records in accordance with the Homicide Manual. (M)Pickard, (S)Fritz, Res. 06-78 was adopted approving the letter to be sent to the State Controller’s Office/Ayes: Unanimous. Approval of Minutes of February 21, 2006, Regular Meeting (Clerk of the Board) BOARD ACTION: (M)Fritz, (S)Turpin, the minutes were approved/Ayes: Unanimous. Approval of Consent Agenda (See End of Minutes) BOARD ACTION: (M)Fritz, (S)Turpin, all items were approved/Ayes: Unanimous. Rescind Board of Supervisors Action of October 22, 1996 Dealing with Department Heads Ability to Hire Volunteers and Authorize Department Heads to use Volunteers when Deemed Appropriate (County Administrative Officer) BOARD ACTION: Discussion was held with Rich Inman, County Administrative Officer. Supervisor Bibby clarified that this would be reviewed by personnel and risk management. She also noted that she had given information on an issue with using volunteers and the prevailing wage to County Counsel for review, and that she wants to make sure that we are compliant with the rules. Supervisor Fritz stated she feels that we should use “utilize” versus “hire” the volunteers. (M)Pickard, (S)Fritz, Res. 06-82 was adopted authorizing department heads to use volunteers as recommended/Ayes: Unanimous. Discussion and Direction Regarding Attending the “Emerging Technologies Forum” in Sacramento on April 17-18, 2006 (Supervisors Pickard and Turpin) BOARD ACTION: Supervisor Pickard initiated discussion relative to the upcoming forum. (M)Fritz, (S)Bibby, Res. 06-83 was adopted approving the attendance of County personnel as recommended at the forum. Supervisor Pickard asked that the attendees be kept flexible as this is in the planning stages. Supervisor Stetson suggested that someone from Planning be included. The motion was amended, agreeable with the maker and second, to include all interested departments that this new technology would affect. Rich Inman advised that he will bring this forum up at the department head meeting. Discussion was held relative to funding for the attendance costs, and Rich Inman advised that he will ---PAGE BREAK--- 6 3-7-06 look at the department budget and bring something back if necessary. The vote was held until after the recess. 12:28 p.m. Recess 12:32 p.m. The vote was called for on attending the “Emerging Technologies Forum”/Ayes: Unanimous. Authorize the Planning Director to Allow Donald Chambers, an Unpaid Volunteer, to Work 1 or More Days per Week in the Planning Department (Planning Director) BOARD ACTION: Kris Schenk, Planning Director, presented information on Donald Chambers’ offer to assist the department. No action was necessary as the prior action taken this date authorized department heads to utilize volunteers. CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: Sheriffs’ Management Association (SMA); Name of County Designated Representative: Rich Inman, County Administrative Officer (County Administrative Officer); CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: Deputy Sheriffs’ Association (DSA); Name of Designated Representative: Rich Inman, County Administrative Officer (County Administrative Officer); and CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: Mariposa County Managerial/Confidential Organization (MCMCO); Name of County Designated Representative: Rich Inman, County Administrative Officer (County Administrative Officer) BOARD ACTION: Rich Inman, County Administrative Officer, advised that it was not necessary to hold these closed sessions. 12:34 p.m. 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: David Mecchi, et al. v. County of Mariposa; Case No. 8772 (County Counsel) BOARD ACTION: (M)Fritz, (S)Turpin, the closed session was held/Ayes: Unanimous. 12:46 p.m. Chairman Stetson announced that the Board was advised in closed session that a dismissal was filed in the Mecchi v. Moberly case and it ended favorably for the County. CONSENT AGENDA: CA-1 Adopt a Resolution Approving the Proposed Road Names “Poppy Ranch Road” and “Guenthart Way” (Planning Director); Res. 06-79 CA-2 Appoint Randy Brower as a New Member at-Large of the First Five Commission (Human Services Director) CA-3 Adopt a Resolution Approving the Chairman of the Board of Supervisors to Sign the Area 12 Agency on Aging Amended Agreement, Reducing Congregate Meals from 11,500 to 10,500 and the Home-Delivered Meals from 5,702 to 5,000 (Community Services Director); Res. 06-80 CA-4 Approval and Authorization for the Chairman of the Board of Supervisors to Sign Interim Rental Agreement with the 35-A District Agricultural Association for the Annual Senior Expo and Health Fair Scheduled for May 5, 2005. Funding is in the 05-06 Budget (Community Services Director); Res. 06-81 ---PAGE BREAK--- 7 3-7-06 CA-5 Re-appoint Carmen S. Mecleary to the Midpines Planning Advisory Committee for a term expiring February 28, 2007 (Supervisor Stetson) 12:47 p.m. Adjournment in memory of Roger E. Meade and John Jonas Clark. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board