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Time Description 9:06 a.m. Meeting Called to Order at the Mariposa County Government Center Sarah Hebern, Girl Scout, led in the Pledge of Allegiance Introductions Approval of Consent Agenda (See End of Minutes) 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: There was no public input. Supervisor Aborn pulled item 10. Supervisor Pickard pulled item 8. Supervisor Bibby pulled items 9 and 10. Action was taken on the pulled items later in the meeting. (M)Aborn, (S)Turpin, the balance of the items was approved/Ayes: Unanimous. Chair Bibby; There was no public input on the following items: A) Present a Congratulatory Letter of Recognition to Sarah Hebern for Achieving the Girl Scout Gold Award BOARD ACTION: (M)Fritz, (S)Aborn, a certificate of recognition was presented to Sarah Hebern; with the letter of recognition to be presented at the awards ceremony/Ayes: Unanimous. B) Proclaim the Month of April 2007, as “Sexual Assault Awareness Month” and April 25, 2007 as “Denim Day” BOARD ACTION: (M)Fritz, (S)Aborn, the Proclamation was presented to Denise Conway, representing Mountain Crisis Services/Ayes: Unanimous. C) Proclaim the Week of April 22 – 28, 2007 as “Week of the Young Child” BOARD ACTION: (M)Fritz, (S)Turpin, the Proclamation was presented to Angie Steele, Infant/Child Enrichment Services, and several of the students from the Head Start program/Ayes: Unanimous. D) Proclaim Earth Day, April 22nd to Memorial Day, May 28th, 2007 as Mariposa “Clean and Proud” Observance BOARD ACTION: (M)Turpin, (S)Pickard, the Proclamation was approved/Ayes: Unanimous. Chair Bibby noted the extension of the timeframe for the proclamation and she advised that Chris Todd was unable to be present. She recognized Chris Todd’s efforts with the Clean and Proud event, as well as the SCOPE, Sheriff’s Department, and the other committee members. Public Presentation: For Items within the Jurisdiction of the Board and not on Today’s Agenda – none. MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA April 24, 2007 ---PAGE BREAK--- 2 4-24-07 Board Information Supervisor Turpin advised that he attended the quarterly agriculture/noxious weed meeting and he will be drafting comments on the off-highway vehicle proposal and its potential impact on the noxious weeds. On Friday, the Community Services Director held a senior resource information event in the North County. He advised of information provided regarding a program through the Hospital to assist seniors with weed eating and cleaning up leaves. Supervisor Fritz advised that she attended the San Joaquin Valley Regional Association of California Counties conference in Sequoia National Park; and their fall conference will be held at Bass Lake. She noted that the Civil War Reenactment event is scheduled for this weekend and about 980 students from the County will be attending on Friday; and she advised of the scheduled activities. She plans to attend the Teacher Appreciation dinner hosted by the Chamber of Commerce on May 2nd. Supervisor Aborn advised of issues discussed at the Yosemite West Advisory Committee meeting held the previous week. He complimented the employees in the Auditor’s Office for decorating the break room and their offices in the Hall of Records. Supervisor Pickard advised that he attended the San Joaquin Valley Regional Association of California Counties conference. He plans to attend the Resource Conservation and Development Council meeting this week; and he commented on the farm energy audit program and their continued efforts to pursue bio-mass fuel utilization. Supervisor Bibby commented on the March statistics for the volunteer fire activities. She advised that she attended a community meeting on Thursday at the Airport, and the proposed development of the Princeton Ranch was discussed. She attended the Mother Lode Job Training meeting last week, and she advised that our unemployment rate actually dropped by one percent. Thomas P. Guarino, County Counsel; Opening of Sealed Proposals for the Lease of Grazing Property Located in the Lake Don Pedro 1-M Area Described as Parcels 1 and 2 in Area 1M of Lake Don Pedro and for Parcels 11-190-009 and 11- 183-001 (Approximately 18.65 Acres) Located in Hornitos BOARD ACTION: The Clerk of the Board advised that one proposal was received for the property located in the Lake Don Pedro 1-M area; and opened the proposal from Robert Cree with a bid of $2,037.50. Thomas P. Guarino, County Counsel, advised that the proposal was responsive. (M)Turpin, (S)Aborn, Res. 07-154 was adopted accepting the proposal from Robert Cree and offering a three-year grazing lease for the property in Lake Don Pedro 1-M/Ayes: Unanimous. County Counsel advised that he will prepare the lease agreement for signature. Input from the public was provided by the following: Paul Chapman referred to Government Code Section 25531 and stated he feels that this calls for oral bids to be accepted. County Counsel noted that the Board’s prior action specified that bids would need to be presented by a certain time. Chair Bibby asked about withdrawing the Board’s previous action to consider public input. (M)Turpin, (S)Aborn, the previous action was withdrawn to consider public input. Chair Bibby called for additional public input, and the following was provided. Paul Chapman presented a copy of Government Code Section 25531 for County Counsel to review. 9:43 a.m. Recess for County Counsel to review the Government Code that was cited. 9:57 a.m. County Counsel advised of his review of the process and the process specified in the Board’s action. Chair Bibby suggested that oral bids be called for. Supervisor Turpin expressed concern that oral bids be called for after the sealed proposal was opened. Oral bids were called for and none were received. County Counsel responded to a question from Chair Bibby as to whether the sealed proposal met all of the requirements; and he advised that he would like to speak with the bidder and look at the Board’s prior practice. He advised that the Board could ratify its prior vote to proceed; and if there is a problem with the proposal, he will bring the matter back. (M)Turpin, (S)Aborn, the motion to ---PAGE BREAK--- 3 4-24-07 withdraw the previous action was restated to ratify the motion and vote to accept the proposal from Robert Cree/Ayes: Unanimous. 10:00 a.m. Dana Hertfelder, Public Works Director; A) PUBLIC HEARING – to Consider a Revision of the Fees for Water and Sewer Service for the Condominiums (only) in the Yosemite West Maintenance District and Approve the Proposed Fee Schedule BOARD ACTION: Dana Hertfelder presented the staff report. Dana Hertfelder and Carl Casey, Public Works Administrator, responded to questions from the Board relative to how the 192,000 gallons usage was arrived at for the first tier; whether all of the condos are the same size with the same number of bathrooms and whether they pay a fee whether they are inhabited or not; relative to the billing statements and the formula for the condos; and whether the Yosemite West Advisory Committee reviewed the proposed revision of the fees. The public portion of the hearing was opened and there was no public input. The public portion of the hearing was closed and the Board commenced with deliberations. (M)Fritz, (S)Aborn, Res. 07-155 was adopted approving the fee revisions as recommended. Staff clarified that the revised rates are effective on May 1, 2007. Ayes: Unanimous. B) Approve Increases for the Rates charged by Fleet Services as Follows: 1) A 15% Across the Board Increase in the Basic Per-mile Operations and Maintenance Charge for County Vehicle/Equipment Use; 2) An Increase in the Shop Labor Rate from $58.00 per Hour to $72.00 per Hour; and 3) An Increase in the Rate for the Low Bed Tractor/Trailer from $65.00 per Hour to $90.00 per Hour BOARD ACTION: Discussion was held with Dana Hertfelder and Carl Casey relative to the request; and they advised that the revised rates would be effective for the next budget year. Input from the public was provided by the following: Paul Chapman stated he feels the 15 percent increase is reasonable; but he feels it would be cheaper to hire out the shop work versus the $72/hour proposed shop labor rate. He commented on his recent observation of the low bed tractor being used for hauling a pickup truck and stated he feels it would be cheaper to use two pickup trucks. He also questioned the use of the low bed tractor for hauling rubber-tire equipment; and he suggested an audit to see if this is needed. Dana Hertfelder responded to the input and advised of their comparison of shop rates with local vendors and commented on the use of the low bed tractor. (M)Fritz, (S)Aborn, Res. 07-156 was adopted approving the recommended increase in rates effective July 1, 2007/Ayes: Unanimous. C) Resolution Approving the “Clean and Proud” Program From April 22 through May 28, 2007, for Trash Cleanup Efforts Along County Roadways and State Highways; Including Waiver of the Disposal Fee at the Landfill BOARD ACTION: Discussion was held with Dana Hertfelder relative to the program. Supervisors Bibby and Pickard provided input on the program and consideration of possibly establishing a perpetual trophy. Supervisor Turpin clarified that the bags would be accepted at the transfer stations as well. Input from the public was provided by the following: Dick Hutchinson commended the Seely’s and others for their ongoing efforts to clean Darrah Road. Supervisor Pickard noted that Norm Murrell and Chris Todd came up with the Clean and Proud idea. (M)Fritz, (S)Aborn, Res. 07-157 was adopted approving the program as recommended; including the waiver of the disposal fee at the landfill as outlined; direction was given to pursue an awards program and to involve the community service groups and organizations; and approving the brochure for the event. Supervisor Turpin noted that the requirement to stay off of the shoulders of the roads should be deleted; and the motion was amended, agreeable with the maker and second, to include this change. It was noted that the Chamber of Commerce and Public Works have videos from CalTrans on litter clean-up safety. Ayes: Unanimous. ---PAGE BREAK--- 4 4-24-07 D) Approve the Proposed Department of Public Works Earth Day Program and Authorize the Waiver of Fees Associated with the Proposed Program BOARD ACTION: Discussion was held with Dana Hertfelder. There was no public input. (M)Pickard, (S)Aborn, Res. 07-158 was adopted ratifying the program and the waiver of fees/Ayes: Unanimous. Consider Items Removed from the Consent Agenda Consent Agenda item 8 – Mariposa Creek Parking Lot completion. Supervisor Pickard complimented Public Works for the completion of this project (Womack lot). Dana Hertfelder advised that they are planning to have a ribbon cutting ceremony on May 1st. (M)Pickard, (S)Turpin, item 8 was approved/Ayes: Unanimous. Consent Agenda item 9 – placement of plaques and flagpoles at Catheys Valley and Woodland Parks. Supervisor Bibby initiated discussion relative to the review of the location of the pole at the Catheys Valley Park. Dana Hertfelder provided input of the options for location of the pole and suggested relocating the dumpster. (M)Turpin, (S)Pickard, item 9 was approved with the change in location of the pole at the Catheys Valley Park/Ayes: Unanimous. Dana Hertfelder commended the Lions Club for their work with the lighting at the ballfields. The remaining item that was pulled from the Consent Agenda was continued to later in the meeting. 11:02 a.m. Recess 11:12 a.m. Richard J. Benson, County Administrative Officer; Discussion and Direction Regarding the County’s Retirement Unfunded Liability BOARD ACTION: Rick Benson gave a power point presentation regarding the County’s retirement unfunded liability and he reviewed the history of how this situation occurred. He advised that the current amount of the unfunded liability is $11,301,827. He provided information on his recommendation to pursue pension obligation bonds to refinance the current debt at a lower interest rate. He reviewed the steps involved with pension obligation bonds. He advised of his discussions of this matter with the Auditor and the Treasurer; and he advised that they were present to answer questions. Chris Ebie, Auditor, provided input relative to the percentages of the retirement contributions for the miscellaneous and safety employees. Discussion was held concerning the recommendation for the two million dollars that was set aside in this budget for this debt. Input from the public was provided by the following: Ruth Sellers stated she feels that the former Auditor’s (Ken Hawkins) prediction came true concerning the Board’s decision to increase the retirement benefits for employees. She noted that no one has mentioned correcting the situation, and she feels a second tier retirement system should be considered. She stated she feels there should be a public hearing on pursuing the pension obligation bonds; and she feels that changes should be discussed with the debt. She does not feel that employees should receive an entitlement, just a reasonable retirement. She noted that the taxpayers pay for other services such as roads, and not just retirement benefits. Ruth Catalan asked whether the bonds will require a vote by the public, and she was advised that they do not. She questioned the agenda title wording and stated she feels there should have been more public notice of this discussion. She feels that the Board should try to pay this debt from the budget. Paul Chapman stated he agrees with Ruth Sellers and Ruth Catalan. This should come before the public and the public should be informed. He stated he feels that the past raises have been lavish and should be rescinded. Rick Benson advised that his request for approval to move forward does not authorize issuance of the bonds – that will take a separate action. Chris Ebie clarified that PERS has advised that nearly 80 percent of the cost of the unfunded liability is due to the poor investment performance through PERS. Rick Benson advised of another unfunded liability that is on the horizon with the OPEB (other post employment benefits). Supervisor Bibby stated she would like to see a public hearing incorporated into this process. Supervisor Pickard agreed with holding a public hearing before a decision is made; and he ---PAGE BREAK--- 5 4-24-07 suggested that the Board members take this presentation into their districts. (M)Turpin, (S)Aborn, direction was given for the County Administrative Officer to pursue the pension obligation bonds. Discussion was held concerning having this presentation in different locations throughout the County; and Supervisor Bibby encouraged the Auditor and the Treasurer to attend the presentations. 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: Rick Benson advised that on Monday he received a proposal from the firm working with the Park Service on the socioeconomic study; and he wants to discuss participation with the Park Service. He commented on the CalTrans’ socioeconomic study. It was noted that CalTrans has scheduled an open house on May 23rd at the Government Center to present the alternatives for the permanent restoration; and discussion was held relative to scheduling the matter after the open house for the Board to take action on the targeted alternative. Chair Bibby reminded the public that it is important to submit information on the impacts being experienced as a result of the rockslide. There was no public input. (M)Pickard, (S)Fritz, Res. 07-161 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. Consider the Remaining Item Removed from the Consent Agenda Consent Agenda item 10 – agreement with Best Best & Krieger or continuation of counsel services. Supervisor Aborn initiated discussion relative to the services being provided, and Rick Benson responded. (M)Aborn, (S)Pickard, item 10 was approved/Ayes: Unanimous. Discussion and Possible Action to Cancel the Regularly Scheduled Board Meeting for July 3, 2007 (Chair Bibby) BOARD ACTION: Following discussion, (M)Fritz, (S)Aborn, Res. 07-163 was adopted canceling the meeting for July 3rd. There was no public input. Ayes: Unanimous. Adopt a Resolution Opposing Senate Bill 893 by Senator Dave Cox which Seeks to Shift all Proposition 10 Revenue away from Local First 5 Commissions to a Statewide California Families and Children’s Commission (Chair Bibby) BOARD ACTION: Supervisor Bibby initiated discussion and advised that this could affect grants in the County. Input from the public was provided by the following: Dick Hutchinson, representing the Manna House, provided input on their use of this funding and of the need for children to receive proper food. (M)Fritz, (S)Aborn, Res. 07-164 was adopted opposing SB 893/Ayes: Unanimous. 1:02 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: PG&E v. State Board of Equalization, et al., Case No. 05CEG00003MWS (County Counsel) BOARD ACTION: There was no public input. (M)Aborn, (S)Fritz, the closed session was held/Ayes: Unanimous. 1:14 p.m. Chair Bibby announced that information was received as a result of the closed session and no action was taken. She noted that LAFCo will convene at 2:00 p.m. 2:00 p.m. Kris Schenk, Planning Director; LOCAL AGENCY FORMATION COMMISSION (LAFCo) Meeting (See Separate Minutes) ---PAGE BREAK--- 6 4-24-07 INFORMATION – No action was necessary on the following: List of Contracts Entered into by the County Administrative Officer Pursuant to Ordinance 3.08 for the Months of February and March 2007 (County Administrative Officer/Personnel/Risk Manager) CONSENT AGENDA: CA-1 Approve Budget Action Transferring Funds within the Public Works Administration Budget to Cover Salary Expense for the Senior Office Assistant for March through June 2007 ($8,640) (Public Works Director); Res. 07-147 CA-2 Approve Budget Action for the Road Division Increasing Appropriations for Professional Services to Allow for Continued Use of Outside Engineering Firms for Map Checking Services and Increase Revenue for Review Fees by an Equal Amount ($12,000) (4/5ths Vote Required) (Public Works Director); Res. 07-148 CA-3 Accept Resignation of Jeanette DeWorken from the Mental Health Board (Human Services Director) CA-4 Authorize Mariposa County Employees to Donate Vacation and/or Compensatory Time to a Co-worker in the Health Department (Health Officer); Res. 07-149 CA-5 Approve Summer Hours for Bassett Wawona Library Effective May 26, 2007, Monday – Friday 12:00 a.m. to 5:00 p.m. and Saturday – 10: a.m. to 2:00 p.m. (Interim Librarian); Res. 07-150 CA-6 Approve a Lease Agreement with Kenneth and Lamerna Mari for Office Space Occupied by the Grand Jury (County Counsel); Res. 07-151 CA-7 Approve Budget Action Transferring Funds within the Probation Budget for the New Software Program ($1,000) (Chief Probation Officer); Res. 07-152 CA-8 Accept the Mariposa Creek Parking Lot Project as Complete and Authorize the Public Works Department to Release the Retention for the Project (Public Works Director); Res. 07-159 CA-9 Approve the Placement of Plaques and Flagpoles at Catheys Valley and Woodland Parks by the Lions Club Acknowledging the Efforts put into the Lighting Projects (Public Works Director); Res. 07-160, including change in location of the Catheys Valley pole CA-10 Approve an Agreement with Best, Best & Krieger for Continuation of Counsel Services for Personnel-related Matters in an Amount Not to Exceed $25,000 and Authorize the Board of Supervisors Chair to Sign the Agreement (County Administrative Officer/Personnel/Risk Manger); Res. 07-162 CA-11 Approve Budget Action Increasing Revenue and Appropriations for SB90 Claim Processing ($7,500) (4/5ths Vote Required) (County Administrative Officer/Personnel/Risk Manger); Res. 07-153 CA-12 Approval of Minutes of April 10, 2007, Regular Meeting (Clerk of the Board) ---PAGE BREAK--- 7 4-24-07 1:15 p.m. Adjournment in memory of Freda Hagopian, Arthayda Helen Quick, Carole Merry (Hogan) Conard, and Michael Pohle. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board