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MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA January 18, 2005 Time Description 9:04 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 Susan Crain, Administration/Tourism Coordinator, advised that the Chili Cook-off event that is scheduled for Saturday is being moved to the Courthouse. Dr. Mosher, Health Officer, provided a status report on the clean-up efforts at the landfill and with the refuse that left the site and with the leachate. He advised of remediation efforts and of precautions being taken to prevent future occurrences during heavy rains. He commended the Public Works Department for their efforts. Supervisor Stetson also commended the CDC crews for their assistance. Marilyn Lidyoff, Administration/Business Development Coordinator, advised that PG&E awarded a $2,500 grant to the County for economic development. She introduced the following people who will assist with implementation of the grant project: Dan Pope/PG&E; Donna Brownell/Arts Council Executive Director; Dorothy Kuhnel/Chamber of Commerce Executive Director; Jacque Meriam/Librarian; Candy O’Donel-Browne/Economic Development Corporation; and Gwen Nitta/Mother Lode Job Training. Chairman Pickard, on behalf of the Board, thanked PG&E for the grant; and he thanked staff for working with our partners on economic development. Board Information Supervisor Bibby congratulated SCOPE on its tenth anniversary, and she advised that a celebration is planned for Saturday. She also expressed her thoughts and prayers for the families of the two Tulare police officers that were shot over the weekend. Supervisor Turpin thanked the Public Works Director and his staff for the information that was provided relative to the landfill situation. Approval of Consent Agenda (See End of Minutes) BOARD ACTION: Supervisor Stetson pulled items 3, 6, 8 and 10. Supervisor Bibby pulled item 1. Supervisor Turpin pulled items 1 and 9. (M)Bibby, (S)Stetson, the balance of the items was approved/Ayes: Unanimous. Consent Agenda item 1 – Supervisor Bibby initiated discussion relative to the grant and impacts on staff time. Marilyn Lidyoff/Administration-Business Development Coordinator, provided input relative to the grant and who is responsible for each of the duties. Supervisor Bibby requested that the $500 not come from the Facility Maintenance budget, and she suggested that the Creek Parkway be considered as an optional funding source. Rich Inman, County Administrative Officer, advised that he would be okay with the change in funding sources and that sufficient funds are available. Supervisor Bibby asked about reference to the equestrian and pedestrian trail along Mariposa Creek, and she asked what is referenced in the Creek Parkway Plan. The Board concurred with referencing the trail as the pedestrian parkway. Supervisor Turpin requested that items like this be scheduled for discussion in the future versus on the Consent Agenda; and he expressed concern with the impacts on staff time. He also recommended that a letter be requested from the Natural Resources Conservation Service and the Agricultural Commissioner ---PAGE BREAK--- 2 1-18-05 to be submitted with the grant application. Supervisor Bibby suggested that an invitation be extended to the All-Tribes Council to participate and/or provide in-kind service. (M)Bibby, (S)Turpin, item 1 was approved, with direction for the change in funding of the $500 as discussed, with deletion of reference to equestrian trail, with assurance that there is staff available, and with the additional letters to be obtained as requested/Ayes: Unanimous. Consent Agenda item 3 – Supervisor Stetson initiated discussion relative to the road name request and whether the affected property owners are in agreement with the request. Kris Schenk, Planning Director, advised that all of the affected property owners were notified of the request and that no protests were received. Supervisor Stetson requested that this information be submitted with the requests in the future. (M)Stetson, (S)Fritz, item 3 was approved/Ayes: Unanimous. Consent Agenda item 6 – Supervisor Stetson initiated discussion relative to the request. Marjorie Wass, Treasurer/Tax Collector/County Clerk, responded to questions relative to their review process for selecting a contractor for this service. (M)Stetson, (S)Bibby, item 6 was approved. Marjorie Wass responded to additional questions from the Board relative to the fees. Ayes: Unanimous. Consent Agenda item 8 – Supervisor Stetson initiated discussion relative to the proposal. Dana Hertfelder, Public Works Director, responded to the questions relative to the contract. (M)Stetson, (S)Turpin, item 8 was approved/Ayes: Unanimous. Consent Agenda item 9 – Supervisor Turpin initiated discussion relative to the agreement. Dana Hertfelder responded to the questions relative to the agreement and whether re-testing is covered in the contract if it is required. (M)Turpin, (S)Stetson, item 9 was approved/Ayes: Unanimous. Consent Agenda item 10 – Supervisor Stetson initiated discussion relative to the agreement. Dana Hertfelder responded to the questions relative to the timeframes. (M)Stetson, (S)Bibby, item 10 was approved/Ayes: Unanimous. Rick Peresan, Technical Services Director; Presentation Relative to the Current Status of Mariposa County Technical Services BOARD ACTION: Rick Peresan gave a power point presentation on the status of technology in the County and suggestions for improvements. Marjorie Wass, Treasurer/Tax Collector/County Clerk, expressed her support for the suggestions for improvements, and she commented on the assistance her department has received especially with elections. Discussion was held. Supervisor Pickard commented on the possibility of looking at specialized outsourcing, and he commented on the e-waste program for disposing of PCs. He stated he would like to see a priority list, along with budget information, so that the Board can begin to address the issues. Supervisor Bibby encouraged the departments to give the new PCs, Thin Clients, a try. 11:19 a.m. Recess 11:41 a.m. Dana Hertfelder, Public Works Director; Approve the Allocation of Two New Permanent Full-Time Positions for the Facilities Division of Public Works to Staff the Landfill: One Maintenance Supervisor – Facilities (Range 210) and One Senior Maintenance Worker (Range 180); and Approve Budget Action Increasing Revenue and Increasing Salary and Benefit Expense in the Facilities Budget to Cover These Position from February 1, 2005 through June 30, 2005 ($42,283) (4/5ths Vote Required) BOARD ACTION: Discussion was held with Dana Hertfelder concerning the request. Chairman Pickard clarified that the request to waive requirements for the Maintenance Supervisor – Facilities position is just for filling this particular position for the landfill operations. Supervisor Bibby asked about addressing the temporary promotions and dealing with the vacancies that are created in the interim, and she asked that an acknowledgment be signed by the affected employees that this is an interim situation. Supervisor Turpin clarified that the matter will come back to the Board for further action after June 30, 2005. Input from the public was provided by the following: Ruth Sellers asked if the County is going into the garbage business, and she asked what is going to happen to the trash hauling. Chairman Pickard advised that the contractor is terminating its ---PAGE BREAK--- 3 1-18-05 contract with the County for the landfill operations, and the County will take over those operations on an interim basis until it is determined how to best handle the operations. The hauling agreement is still in force, along with agreements with other private contractors. (M)Stetson, (S)Turpin, Res. 05-24 was adopted approving the recommended actions/Ayes: Unanimous. 11:52 a.m. MARIPOSA COUNTY WATER AGENCY: Selection of Chairman and Vice-Chairman for the Mariposa County Water Agency (Clerk of the Board) AGENCY ACTION: (M)Fritz, (S)Turpin, Director Bibby was selected as Chair/Ayes: Unanimous. (M)Pickard, (S)Stetson, Director Turpin was selected as Vice-Chair/Ayes: Unanimous. 11:53 A.M. LOCAL TRANSPORTATION COMMISSION Local Transportation Commission (Clerk of the Board) COMMISSION ACTION: (M)Bibby, (S)Pickard, Commissioner Stetson was selected as Chair/Ayes: Unanimous. (M)Pickard, (S)Turpin, Commissioner Fritz was selected as Vice-Chair/Ayes: Unanimous. 11:54 a.m. The Board of Supervisors reconvened. Selection of Board Member Representation on Agencies (Clerk of the Board) BOARD ACTION: Discussion was held, and the Board reviewed its representation on the agencies. Supervisor Bibby noted that the Calaveras-Mariposa Community Action Agency usually meets at the same time as the San Joaquin Valley-Wide Air Pollution Basin Study Agency; and she clarified that the representation is for the Study Agency and not the governing board of the Air Basin. She advised that she will work with staff and bring back more information. Supervisor Stetson noted that the Sierra Nevada Conservancy should be added when an appointment is made. (M)Bibby, (S)Fritz, the Board approved the following selections for Board member representation on agencies: Area Agency on Aging/PSA 12: Representative – Supervisor Pickard; Alternate – Supervisor Stetson California State Association of Counties (CSAC): Director – Supervisor Turpin; Alternates – Supervisors Bibby, Stetson, Fritz and Pickard CSAC Advisory Committee on Court Facilities: Representative – Chair of the Board of Supervisors; Staff Support – County Administrative Officer and Public Works Director CSAC Excess Insurance Authority/(EIA) Liability Insurance: Representative – County Administrative Officer; Alternate – County Counsel Calaveras-Mariposa Community Action Agency: Representatives – Supervisors Turpin and Bibby County Medical Services Program (CMSP): Representative – Supervisor Pickard; Alternate – Supervisor Stetson Foreign Trade Zone Advisory: Member – Supervisor Bibby Job Connection Mariposa Governing Board (Mother Lode Job Training): Representative – Supervisor Bibby; Alternate – Supervisor Stetson Mountain Counties Air Basin: Representative – Supervisor Pickard; Alternate – Supervisor Fritz Mountain Counties Water Resources Association: Representative – Supervisor Bibby; Alternate – Supervisor Turpin Mountain Valley Emergency Medical Services Agency and Regional Advisory Board: Representative – Supervisor Stetson; Elected Alternate – Supervisor Fritz; Alternate/Chairman of EMCC National Association of Counties (NACO): Representative – Supervisor Stetson; Alternates – Supervisors Bibby, Turpin, Fritz and Pickard Regional Council of Rural Counties (RCRC): Representative – Supervisor Pickard; Alternates – Supervisors Bibby, Stetson, Fritz, and Turpin ---PAGE BREAK--- 4 1-18-05 RCRC – Environmental Services JPA’s for Solid Waste: Representative – Supervisor Pickard; Alternate – Public Works Director San Joaquin Valley-Wide Air Pollution Basin Study Agency: Representative – Supervisor Bibby; Alternate – Supervisor Pickard San Joaquin Valley Regional Association of California Counties: Representative – Supervisor Fritz Yosemite Area Regional Transportation System (YARTS) JPA: Representative – Supervisor Stetson; Alternate – Supervisor Fritz Yosemite/Sequoia Resource Conservation and Development Area: Representative – Supervisor Pickard; Alternate – Supervisor Turpin Ayes: Unanimous. 12:28 p.m. 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); CLOSED SESSION: Conference with Legal Counsel Relative to Anticipated Litigation/Significant Exposure for a Case Pursuant to Subdivision of Government Code Section 54956.9 (County Counsel); and CLOSED SESSION: Conference with Legal Counsel Relative to Anticipated Litigation/Significant Exposure for a Case Pursuant to Subdivision of Government Code Section 54956.9 and Initiating of Litigation for a Case Pursuant to Subdivision of Government Code Section 54956.9 (County Counsel) BOARD ACTION: (M)Fritz, (S)Bibby, the Board approved holding the closed sessions at 1:30 p.m. with the following persons to be present for portions of the sessions: Jeff Green/representative for labor negotiations; Administration-Administrative Analyst; Public Works Director; Planning Director; and Deputy Planning Director/Ayes: Unanimous. 12:29 p.m. Lunch 1:41 p.m. The Board convened in closed sessions. 4:28 p.m. Chairman Pickard announced that direction was given to staff as a result of the closed session matters. INFORMATION – No action was necessary on the following: Effective January through March 2005, Yosemite Library Branch Winter Hours will be Monday 1:00 p.m.-4:00 p.m.; Tuesday 10:00 a.m.-2:00 p.m.; Thursday 3:00 p.m. -6:00 p.m.; and Friday 10:00 a.m.- 2:00 p.m. (Librarian) CONSENT AGENDA: CA-1 Adopt a Resolution Approving the Urban Streams Restoration Program Grant Application to the State of California Department of Water Resources, Requesting $129,749 for the Mariposa Creek Project (County Administrative Officer); Res. 05-18, with changes CA-2 Approve an Expenditure of $5,000 to Rural Media Arts and Education Project (County Administrative Officer); Res. 05-13 CA-3 Adopt a Resolution Approving the Proposed Road Name, “Rocky Hollow Lane” (Planning Director); Res. 05-19 ---PAGE BREAK--- 5 1-18-05 CA-4 Authorize the Technical Services Director to Purchase Five Laptop Computers and Office Software for the Board of Supervisors to Replace Obsolete Equipment in an Amount Not to Exceed $8,000 (Technical Services Director); Res. 05-14 CA-5 Authorize Fleet Maintenance to Purchase and Equip Two Patrol Vehicles for the Sheriff’s Office and Approve Budget Action Transferring Funds from the Rural Law Enforcement Revenue Account to the Fleet Maintenance Vehicle Account to Cover the Cost of the Vehicles and Equipment ($64,142) (4/5ths Vote Required) (Sheriff); Res. 05-15 CA-6 Approve an Agreement for the Administration of the Assessment District Bonds Issued in Connection to the Yosemite West Maintenance Project; Authorize the Chair of the Board of Supervisors to Sign the Agreement with NBS Local Government Services; and Approve Budget Action Accepting Unanticipated Revenue to Cover County Administrative Costs Relative to the Maintenance of the Yosemite West Project through June 30, 2005 ($13,766) (4/5ths Vote Required) (Treasurer/Tax Collector); Res. 05-20 CA-7 Authorize the Public Works Director to Initiate the Process to Change the Hours of Operation at the Mariposa County Landfill as Directed (Public Works Director); Res. 05-16 CA-8 Approve a Contract with Concept Design (CD) to Prepare the Request for Proposal (RFP) for Operations of the Mixed Solid Waste (MSW) Compost Facility, Landfill, Recycling Center, and Transfer Stations; and to Participate in the RFP Process Including Contract Negotiations and Recommendations in the Amount Not to Exceed $84,940.00 (Public Works Director); Res. 05-21 CA-9 Adopt a Resolution Authorizing Public Works to Enter into an Agreement with Kleinfelder, Inc. to Conduct Special Inspection and Testing Services for the Compost Facility in an Amount Not to Exceed $20,000 (Public Works Director); Res. 05-22 CA-10 Adopt a Resolution Authorizing Public Works to Enter into an Agreement with David Kwalwasser to Perform Duties including Map Checking, Legal Description Checking, and General Surveying Document Checking in an Amount Not to Exceed $20,000 (Public Works Director); Res. 05-23 CA-11 Re-Appoint Art Mimler to a Three Year Term on the Sequoia Area VIII Board for Developmental Disabilities (Human Services Director) CA-12 Adopt a Resolution Authorizing the Chair of the Board of Supervisors to Enter into a Contract for Services with the Law Firm of Allen, Polgar, Proietti & Fagalde to Represent the County of Mariposa and Assist County Counsel in Landfill Issues (County Counsel); Res. 05-17 4:28 p.m. Adjournment in memory of Jean Harris-Deal and Milford Small. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board