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Time Description 9:00 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Introductions – Chair Bibby welcomed and introduced Jim Wilson, the new Fire Chief. Chair Bibby; Approve and Present Certificates of Recognition to the Mariposa County Future Farmers of America (FFA) Students who Participated in the 2006-2007 Merced/Mariposa Section FFA Project Competition BOARD ACTION: (M)Fritz, (S)Turpin, the Certificates were approved and presented to the students by Supervisor Fritz/Ayes: Unanimous. Buz Arnold, High School Ag Teacher, provided information on the Project Competition and the students provided input on their projects. Public Presentation: For Non-Timed Agenda Items including Attention, Information, and Consent Agenda, and for Items Not on the Agenda Mikel Martin, CDF Unit Chief, advised that California Department of Forestry and Fire Protection has been renamed to CAL FIRE. Dick Hutchinson advised that 2007 is the 50th anniversary of the Mariposa Museum and History Center. Board Information Supervisor Fritz advised that she attended the FFA Project Competition awards dinner, and she attended the CSAC Health Care Reform Policy committee meeting by conference call. She advised that the Chamber of Commerce is sponsoring the following grand openings and ribbon cutting ceremonies this evening: China Station Restaurant (grand reopening of their remodeling), Gold Country Souvenirs, and Mariposa Shipping; and the January business of the month celebration will be held at Pizza Plus. She advised that the Chamber of Commerce and the CHP are hosting a L.E.A.D. (Licensee Education on Alcohol and Drugs) training on February 7th. She is planning to attend the Gateway meeting on Saturday in Yosemite; the Technical Advisory Committee meeting for the San Joaquin Valley Rail Committee on Friday; and the Juvenile Justice Commission/Juvenile Delinquency Prevention committee meeting on Wednesday. Supervisor Pickard attended the RCRC meeting and annual dinner the previous week. He attended the Bio-Diversity Council Executive Committee meeting and they are planning an OHV (off- highway vehicle) field trip. He provided a status report on work on the noxious weed issues. Supervisor Aborn advised of a review of the YARTS proposal for a bus stop next to the Post Office in Midpines and safety concerns. He advised that they are working on developing a plan and a questionnaire to enlarge the planning area for Midpines. Supervisor Turpin noted that this has been a very dry winter thus far and there is concern with the watershed. He advised that he discussed this concern with the Agricultural Commissioner and they will gather data so that assistance can be available if the rainfall is under 30 percent of normal. He attended the Mariposa County Weed Alliance meeting the previous week and he advised of changes in weed management. A meeting was held in Coulterville and discussion was held relative to the master plan for park improvements. On Thursday, the Highway 132 Marketing meeting will be held. MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA February 6, 2007 ---PAGE BREAK--- 2 2-6-07 Supervisor Bibby advised of the addendum to the agenda to replace folder item 11. She advised that she plans to attend the Mental Health Board meeting at noon. On Monday, she toured the landfill and the compost facility with Public Works, and she advised that they are working through some obstacles and there will be an item before the Board at the end of the month relative to the Compost facility. She noted that this community depends on the volunteers and that SCOPE logged over 10,000 hours of volunteer service for 2006. Supervisor Pickard advised that he has received a few complaints relative to Map Quest’s choice of routes in the County and he asked the Board members to let him know of any concerns they have received where visitors are directed to roads that are inappropriate; and he will prepare an item for the agenda to work on correcting these problems. Approval of Consent Agenda (See End of Minutes) BOARD ACTION: Supervisor Turpin pulled items 3, 11 and 14. Supervisor Bibby pulled item 9. (M)Fritz, (S)Turpin, the balance of the items was approved/Ayes: Unanimous. Consent Agenda item 3 – budget action for Community Services. Supervisor Turpin commended the volunteers and those that donate funds to the program. Mary Williams, Community Services Director, provided additional information on the donor program; and she noted that the Coles help every year with the Thanksgiving meal, Trent’s Styling for His and Hers is always supportive; and the family of Evelyn Fiske requested that donations be made to the senior programs in her memory. Board members thanked Mary Williams for her work and noted appreciation for the donors. (M)Turpin, (S)Pickard, item 3 was approved/Ayes: Unanimous. Consent Agenda item 9 – amendment to agreement with Mead and Hunt for consulting services for the Airport. Supervisor Bibby asked for clarification that this only affects County-owned property; and Dana Hertfelder, Public Works Director, responded in the affirmative. (M)Turpin, (S)Pickard, item 9 was approved/Ayes: Unanimous. Consent Agenda item 11 – agreement with CDF for medical and dispatch services. Jim Middleton, Deputy Fire Chief, responded to questions from Supervisor Turpin relative to the history of this contract. Mikel Martin, CAL FIRE Unit Chief, responded to questions relative to the overtime budget line item and advised that these funds are used if necessary to maintain the service level, and he noted that the contract is $8,000 less than the previous year. (M)Turpin, (S)Fritz, item 11 was approved/Ayes: Unanimous. Consent Agenda item 14 – resolution changing the Lake Don Pedro Community Services District directors’ election date. Supervisor Turpin commented on the request and advised that he would not be receptive to changing this again in four years. Keith Williams, County Clerk, provided input on the request. Chair Bibby noted that additional information was received from Emery Ross and copied to the Board and the County Clerk. (M)Turpin, (S)Aborn, item 14 was approved/Ayes: Unanimous. Jacque Meriam, Librarian; A) Approve the Mariposa County Public Wireless Network Access (WiFi) Policy BOARD ACTION: Discussion was held with Jacque Meriam. No input was received from the public. (M)Pickard, (S)Turpin, Res. 07-31 was adopted approving the policy/Ayes: Unanimous. B) Approve an Amendment to the Agreement with Yosemite National Park Service to Share Responsibilities Relative to the Bassett Memorial Library at Wawona and Authorize the Chair of the Board of Supervisors to Sign the Agreement BOARD ACTION: Jacque Meriam thanked Dana Hertfelder/Public Works Director, and Supervisor Pickard for their work on this agreement. No input was received from the public. (M)Pickard, (S)Fritz, Res. 07-47 was adopted approving the agreement. Supervisor Turpin noted that this would provide good information for the Friends of the Red Cloud Library as they develop the new library in North County, and he advised that they toured the Wawona Library. Supervisor Pickard and Supervisor Bibby thanked Jacque Meriam and Dana Hertfelder for their work on this agreement/Ayes: Unanimous. ---PAGE BREAK--- 3 2-6-07 Supervisor Fritz; Discussion and Possible Direction to Staff Regarding Developing a County Ordinance to Help Reduce Underage Drinking BOARD ACTION: Supervisor Fritz initiated discussion relative to consideration of developing a County ordinance to help reduce underage drinking and she provided input on the Ordinance adopted by Marin County. Supervisor Bibby suggested that feedback be obtained from Marin County’s District Attorney, Sheriff and Probation Officer on how the Ordinance is working; and she asked for information on who would be responsible for enforcement and how the fees would be handled. Supervisor Turpin stated he feels that consideration should be given to expanding the scope of the Ordinance to include more than just alcohol; i.e., drugs. Gail Neal, Chief Probation Officer, provided input on the request and concerns here; and she advised of the award of a grant for an “ADAPT” program and noted that she will be bringing an item to the Board on this. There was no input from the public. Further discussion was held relative to handling situations where the parents do not have any knowledge of the underage drinking at their residence; and relative to handling situations on private property without a residence. Supervisor Aborn asked that feedback be obtained from other counties that have an ordinance like this. (M)Fritz, (S)Aborn, the Board concurred with Supervisor Fritz working with staff to further investigate developing a County Ordinance/Ayes: Unanimous. 10:30 a.m. Recess 10:41 a.m. John Davis, Building Director; Waive First Reading and Introduce Ordinance Amending 15.28.100 and 15.28.200 of Chapter 15.28 of the County Code to Reflect Building Code Revisions to Required Setbacks from Permit Area Boundary BOARD ACTION: Discussion was held with John Davis relative to the amendment. It was noted that in Table No. 1 needs to have two asterisks after it. Supervisor Turpin asked for clarification of the required setbacks and suggested that five feet be used versus two and one-half feet. Thomas P. Guarino, County Counsel, advised that the chart reflects what is in the Code that was adopted and a revision to the setbacks would need to be reviewed. He also noted that there is a cost for publication of the ordinances and that direction could be given to bring this matter back if there is an interest in revising the setbacks so that the actions could be combined in one ordinance. There was no input from the public. 10:57 a.m. Recess 10:59 a.m. John Davis recommended proceeding with the amendment as presented and with the correction of the asterisk. Supervisor Turpin noted that it was clarified that there is discretion with the setbacks, that the two and one-half feet is the minimum. Chair Bibby again called for public input and none was received. (M)Turpin, (S)Pickard, the first reading was waived and the Ordinance introduced as presented with the correction of the asterisk. The Clerk of the Board read the title of the Ordinance into the record. Ayes: Unanimous. Dr. Mosher, Health Officer; Present Information Regarding Prescription Drug Discount Program for Mariposa County Residents BOARD ACTION: Dr. Mosher provided information on the implementation of the prescription drug discount program, and he noted that this is available for anyone who does not have prescription insurance coverage. There was no public input. No action was necessary. Rick Benson, County Administrative Officer; Discussion and Possible Action Regarding Salary Adjustments for Elected and Appointed County Officials BOARD ACTION: Rick Benson presented the staff report; and he advised of a change in his recommendation for the Health Officer to receive 91 percent of the County Administrative ---PAGE BREAK--- 4 2-6-07 Officer’s (CAO) salary. He recommended that the adjustments become effective on January 1, 2007. Supervisor Aborn requested that the Board consider increasing the Sheriff’s salary for a total increase of ten percent over the Undersheriff’s total salary. Discussion was held relative to the matter and a list of salary options for the Sheriff. Input from the public was provided by the following: Paul Chapman stated he does not feel that the Board is adjusting the salaries for the employees, the people who do the work. He stated he does not support a raise for the CAO. He also stated he feels that the previous raises were given in violation of the law as he doesn’t feel that there was an opportunity for the public to provide input; and he feels that County Counsel has a responsibility to inform the Board of the requirements. Chair Bibby asked if County Counsel had a response. Thomas P. Guarino, County Counsel, advised that the Board acted publicly when it made the last revisions to the department head salaries; this year’s session is today and is a public session and the matter is noticed appropriately on the agenda. Brian Muller, Undersheriff, commented on his concern that if the Sheriff is not recommended for an increase, it would create further salary compaction problems in that the Sheriff’s Management Association will be back in labor negotiations this fall. He stated he supports the salary option of an 8.2 percent increase, but believes there should be a ten percent spread. He feels that other counties have a separation of ten percent or more. He also stated that he feels that if the Board wants to approve the recommendation to not grant the increase until after the incumbent has served in that position for twelve months; that the Board should establish a policy so that it provides a clear understanding for everyone. (M)Pickard, (S)Aborn, Res. 07-48 was adopted increasing the salary for the Health Officer to 91% of the CAO’s salary; increasing the salary for the Sheriff to 89% of the CAO’s salary; increasing the salary for all other elected and appointed officials to four percent; with direction that all increases become effective retroactive to January 1, 2007, including those incumbents that have not served in their respective position for 12 months. Further discussion was held. Ayes: Unanimous. Dana Hertfelder, Public Works Director; A) Award Bid to Allison Sierra, Inc. for the Mariposa Yosemite Airport Fire Fighting System & Electrical Upgrade Project #03-08, Approve Budget Action Transferring Funds from General Contingency for 5% County Match ($15,790) (4/5ths Vote Required) and from Federal Aviation Administration (FAA) ($300,000) Increasing Funding (4/5ths Vote Required) BOARD ACTION: Discussion was held with Dana Hertfelder, and he responded to Supervisor Bibby’s question and clarified that this only involves County-owned property. There was no public input. (M)Turpin, (S)Pickard, Res. 07-49 was adopted approving the request/Ayes: Unanimous. B) Approve the Allocation of Two Full Time Permanent Maintenance Worker I/II Positions to the Solid Waste and Recycling Division Effective February 1, 2007 and Approve Budget Action Transferring Funds within the Solid Waste and Recycling Budget due to Unanticipated Revenue ($29,668) (4/5ths Vote Required) BOARD ACTION: Discussion was held with Dana Hertfelder relative to the request and regarding the status of revenues and projections. There was no public input. (M)Pickard, (S)Aborn, Res. 07-50 was adopted approving the allocation of the positions and the budget action/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 Counsel/County Administrative Officer) BOARD ACTION: Supervisor Pickard advised that a conference call is scheduled for February 14th. Supervisor Fritz advised that CHP Commander Price asked to be included in the conference call and the National Park Service will include him. Supervisor Turpin initiated discussion relative to the need to improve the radius at the end of the lower bridge; and relative to the need to have a system to resolve any delay and vehicle length issues for emergency vehicles. Rick Benson, County Administrative Officer, advised that the CHP Commander has concerns relative to this matter as well. Supervisor ---PAGE BREAK--- 5 2-6-07 Pickard suggested that the Board take a position to request that CalTrans provide information on what it will take to allow for longer vehicles and to better facilitate emergency vehicle access; and he suggested that the County Administrative Officer convey to CalTrans the Board’s request for more detailed information on these matters. Supervisor Fritz advised that the Socio-economic group is meeting and the National Park Service is urging CalTrans to place this situation back on the emergency list. (M)Pickard, (S)Fritz, Res. 07-51 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; and direction was given for the County Administrative Officer, and Supervisors Aborn and Pickard to bring back a plan with CalTrans to deal with the interim period for the vehicle length and emergency vehicle access issues/Ayes: Unanimous. CLOSED SESSION: Liability Claims; Claimant Name: Gerald W. Jay; Claim Number: C06-19; Name of Agency Sued: County of Mariposa (County Administrative Officer) BOARD ACTION: This closed session was not held. 12:03 p.m. CLOSED SESSION: Anticipated Litigation; Initiating of Litigation Pursuant to Subdivision of Government Code Section 54956.9; Case to be Discussed: County of Mariposa v. Baer (County Counsel); and CLOSED SESSION: Conference with Legal Counsel: Anticipated Litigation: Significant Exposure to Litigation Pursuant to Subdivision of Government Code Section 54956.9. Number of Cases to be Discussed: 1 (County Counsel) BOARD ACTION: Chair Bibby noted that an addendum to the agenda was prepared to correct the language for the Closed Session for the matter relative to significant exposure to litigation. (M)Fritz, (S)Turpin, the closed sessions were held at 2:00 p.m./Ayes: Unanimous. 12:04 p.m. Lunch 2:01 p.m. The Board convened in closed session. 2:30 p.m. Chair Bibby announced the following as a result of the closed session matters: - action was taken by motion of Supervisor Fritz, seconded by Supervisor Turpin, to authorize suit against Baer for code enforcement by unanimous vote; and - information was received from staff and no action was taken on the matter relative to significant exposure to litigation. INFORMATION – No action was necessary on the following: Provide Information to the Board of Supervisors Regarding Medical Transportation Van VT22 being Involved in an Accident on January 16, 2007 (Community Services Director) CONSENT AGENDA: CA-1 Proclaim the Month of January 2007 as “National Glaucoma Awareness Month” in Support of the Glaucoma Research Foundation and Affecting more than 3 Million Americans (Supervisor Pickard) CA-2 Approve an Agreement with San Diego Reference Laboratory for Laboratory Services up to the Annual Budgeted Amount of $42,763 and Authorize the Chair of the Board of Supervisors to Sign the Agreement (Chief Probation Officer); Res. 07-32 CA-3 Approve Budget Action Accepting Unanticipated Revenue and Increasing Appropriations from Donor Contributions to the Home Delivered Meal Program from the Following: PERS Retired Public Employees Association of California/Mariposa ---PAGE BREAK--- 6 2-6-07 Chapter for $150.00, Cole Realty for $630.00 and Trent’s Styling for His and Hers for $500.00 ($1,280) (4/5ths Vote Required) (Community Services Director); Res. 07-43 CA-4 Approve an Amendment to the Junior Engineer Job Description by Updating the Qualification relating to the Required Certification (County Administrative Officer/Personnel Director); Res. 07-33 CA-5 Approve the Elimination of one Full-time Planning Technician Allocation in the Planning Department, Add two 50% Permanent Part-time Allocations, and Approve an Amendment to the Planning Technician Job Description Certification (County Administrative Officer/Personnel Director); Res. 07-34 CA-6 Approve the Rejection of Claim No. C06-19 Filed by Gerald W. Jay for $101.71 and Authorize the Chair of the Board of Supervisors to Sign the Notice of Rejection (County Administrative Officer/Risk Manager); Res. 07-35 CA-7 Adopt a Resolution Authorizing Employees of Mariposa County Facilities Division of Public Works to Donate Vacation and/or Compensatory Time to a Co-worker (Public Works Director); Res. 07-36 CA-8 Authorize Staff to Issue a Request for Proposal (RFP) to Retain a Transportation Consultant to Update the County Regional Transportation Plan (RTP) (Public Works Director); Res. 07-37 CA-9 Approve an Amendment with Mead and Hunt for Engineering Consulting Services During Construction Design Services for the Mariposa-Yosemite Airport Fire Protection System and Apron Improvements (Public Works Director); Res. 07-44 CA-10 Approve an Amendment with Provost & Pritchard Engineering Group to Produce Feasibility Study and Concept Plans for Public Water and Wastewater Services for the Mariposa Town Planning Area (Public Works Director); Res. 07-38 CA-11 Approve an Agreement with California Department of Forestry and Fire Protection for Medical and Fire Dispatch Services for Fiscal Year 2006-2007 (Deputy Fire Chief); Res. 07-45 CA-12 Approve the Events Occurring in the Mariposa Arts Park, the Mariposa Creek Parkway, and 7th Street on May 4-5, 2007, as Part of the Annual Mariposa’s Butterfly Festival as a County Sponsored Event for Insurance Purposes (Supervisor Fritz); Res. 07-39 CA-13 Authorize an Additional 350 Hours each (Beyond the 999 Hour Limit) for Two Maintenance Worker I Extra Help Staff Working in the Solid Waste Division (Public Works Director); Res. 07-40 CA-14 Approve and Adopt a Resolution Pursuant to Election Code 10404 Changing the Lake Don Pedro Community Services District Directors Election Date to Correspond with the Statewide General Election Held in Even Numbered Years (County Clerk/Treasurer/Tax Collector); Res. 07-46 CA-15 Appoint Bonnie Berg to Serve as a Member-at-large on the Mental Health Board with a 3 Year Term Expiring February 6, 2010 (Human Services Director) CA-16 Waive Formal Bid Requirement and Approve the Purchase of a Replacement Van and Approve Budget Action Transferring Funds within the Transit Budget for the Purchase of the Replacement Van ($29,922) (Community Services Director); Res. 07-41 ---PAGE BREAK--- 7 2-6-07 CA-17 Authorize the Chair of the Board of Supervisors to Sign a Letter Requesting the Governor to Include Equalization Funding in the May Revise for Counties with no Incorporated Cities (County Administrative Officer); Res. 07-42 2:32 p.m. Adjournment in memory of Leslie Bare Weaver, Brian Earl Turley, Richard Warring Kunstman, Spencer D. Downing, Michael G. Barnard, Jack Kirk, and Harry P. Schmidt. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board