Full Text
Time Description 9:12 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Introductions Chair Bibby introduced Diane Vereschagin with the Mining and Mineral Museum and the new curator, Darci Moore. 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: Input from the public was provided by the following: Paul Chapman referred to item 15 and advised that he did not see that the staff was busy when he went to the landfill on Friday afternoon; so he questioned the need for extra help. Chair Bibby noted that item 3 has a retroactive date of May 3rd, and that item 4 is for a one-month contract. Supervisor Aborn pulled items 16 and 17 for discussion later this date with the Public Works Director. (M)Fritz, (S)Aborn, the balance of the items was approved/Ayes: Unanimous. Public Presentation: For Items within the Jurisdiction of the Board and not on Today’s Agenda – none. Board Information Supervisor Turpin noted there was a problem with service from the telephone booth in Bear Valley; and there have been many reports of bear activity in Greeley Hill. He advised that he attended the California Transportation Commission meeting in Sacramento with the Public Works Director on Wednesday; and he did not have to address the Commission on behalf of the Local Transportation Commission as the County’s request was accepted. On Friday, a new granddaughter was born. He attended the Wagon Train event and commended Public Works for the improvements at Darrah School. On Saturday evening, he attended the meeting in Don Pedro with the County Administrative Officer to address the future of the Amador Plan for fire protection. Supervisor Aborn advised that he participated in the Wagon Train event, and he commented on the bus traffic on Highway 41. He advised that CalTrans is holding its open house in El Portal this evening to discuss alternatives for the permanent fix for the Ferguson rockslide. Supervisor Pickard commended Wes Lujan/Advocation, Inc., and Senator Cogdill for their work with SB 277, gas tax legislation for the three counties without incorporated cities. Supervisor Fritz advised that she attended the Juvenile Justice and Domestic Violence meeting; and she plans to attend the CSAC (California State Association of Counties) meeting this week; and she noted that the Board is meeting on Wednesday for a tour of the SDA Camp Wawona redevelopment project site. Supervisor Bibby advised that she attended the First 5 meeting on Monday and they considered one more grant application for the Darrah Pre-school. She attended the Foreign Trade Zone meeting on MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA June 12, 2007 ---PAGE BREAK--- 2 6-12-07 Wednesday. She advised that she has a meeting scheduled for June 25th relative to basic telephone and 9-1-1 service, including TDS, and she has invited the Sheriff, County Fire, and Cal Fire. She noted that this Board meeting will be continued to Wednesday at 10:30 a.m. for a special workshop tour of the SDA Camp Wawona redevelopment project site; that no action will be taken; and that the public is invited to attend. Supervisor Turpin advised that the Air Resource Control Board is scheduled to meet at the Government Center on Wednesday afternoon; and he advised of his concern with restricting old equipment in the rural areas that is not used very much; and with prescribed burns being restricted to 250-acres and how that will affect the future ability to address reducing fuel loads and air quality. Supervisor Fritz advised that she plans to attend the YARTS meeting in Merced on Friday. Kathy Delaney, Executive Director Mariposa Safe Families, Inc. Presentation on “Community Link” BOARD ACTION: Kathy Delaney gave a presentation on the “Community Link” and advised of their office location and contact information. She invited everyone to their open house scheduled for June 21st. She introduced their Resource Specialist – Cindy Iudice; and Cindy provided a tour of their website: www.mariposalink.org. Discussion was held. There was no public input, and no action was requested. 9:54 a.m. Recess 10:02 a.m. Chair Bibby advised that Tony Radanovich requested that the presentation and request of $25,000 funds for the 6th Street Cinema/Rural Media Arts & Education Project be scheduled on the June 19th agenda. Kris Schenk, Planning Director; Reschedule Board of Supervisors’ Public Hearing Date for the Seventh Day Adventist (SDA) Camp Wawona Redevelopment Project BOARD ACTION: Discussion was held with Kris Schenk relative to rescheduling the public hearing. There was no public input. (M)Pickard, (S)Aborn, the Board cancelled the June 19th date for the public hearing for the SDA Camp Wawona redevelopment project. The motion was amended, agreeable with the maker and second, to include direction to staff to bring this item back on June 19th for setting a new hearing date/Ayes: Unanimous. Dana Hertfelder, Public Works Director; Discussion and Authorization for Submittal of an Application for the CSAC 2007 Challenge Awards BOARD ACTION: Discussion was held with Dana Hertfelder relative to the request and operation of the compost facility. Input from the public was provided by the following: Ruth Sellers questioned whether Supervisor Pickard would be comfortable living next to this landfill. She asked how much waste goes to the compost facility and how much into the landfill. She stated she does not feel that the compost facility is acceptable and that it is not working; and she expressed concern that the neighbors are dealing with the odor. She feels the County could have taken the alternative to not meet the diversion until there was a better way. She feels the Board should be putting its energy into relocating the dump; and she questioned what the citizens are receiving for their tax dollars. Paul Chapman stated he does not feel the compost facility will work because we do not have enough green waste; and he questioned why the Solid Waste Manager was not present for this discussion. Lyn Maccarone questioned the process for the application for the Challenge Award; and she stated she does not feel that the compost facility is a “trophy.” Further discussion was held. Supervisor Pickard advised that they worked with the top leaders in the solid waste field as a part of the strategy for this project; and he is proud of what was accomplished with this project. He advised that he takes responsibility for this item being on the ---PAGE BREAK--- 3 6-12-07 agenda. Motion by Pickard to approve submitting the application died for lack of a second. (M)Fritz, (S)Turpin, staff was requested to bring the application back to the Board for consideration after the odor problems are resolved, perhaps in the next year’s application cycle. Supervisor Turpin stated he would like to see information come back relative to the complete operation of the landfill, including recycling and how the compost facility compliments the operation, Supervisor Bibby expressed concern with the workload of the department and asked that it not be a priority to submit this application. Supervisor Fritz stated she would like more background information and for the facility to be monitored before an application is prepared for submittal. Supervisor Aborn stated he feels the crew at the facility is doing the best that they can with the program. Ayes: Turpin, Aborn, Fritz; Noes: Bibby; Abstained: Pickard. Consider Items Removed from the Consent Agenda Consent Agenda item 16 – Solid Waste budget action for recycling. Supervisor Aborn asked about the need for the budget adjustment at the end of the fiscal year. Carl Casey, Public Works Administrator, advised that the budget action is to cover the increased revenue and expense for the recycling program as more people are bringing recyclables to the landfill than anticipated with the budget. (M)Pickard, (S)Aborn, item 16 was approved. Consent Agenda item 17 – Solid Waste budget action for professional services. Supervisor Aborn requested more detailed information on the request; and Carl Casey responded. (M)Turpin, (S)Aborn, item 17 was approved/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 recommended that the local emergency be continued. He advised that Congressman Radanovich is working in Washington, D.C., to help secure funding for the slide project to be ready for when CalTrans makes a decision on the options; and he may request that local representative(s) join him in meeting with the Transportation and Planning Committee, etc. on this matter. He noted that Supervisors Aborn and Pickard have designated as the Board liaison committee for this project; and he thought that one or two members of the Board should be authorized to go to Washington, D.C. with him if requested. Input from the public was provided by the following: Dick Hutchinson advised of his promotion for submitting comments to CalTrans on the preferred alternative fix by June 22nd; and he expressed concern with conflicting information being received from the District 10 Director for CalTrans and the engineers relative to the bridges for Alternative S/viaduct. He feels the quickest method needs to be pursued. Rick Benson advised that no new information has been received from CalTrans since the May 29th meeting; and he suggested that there would be an opportunity at the open house in El Portal this evening to ask those questions. Supervisor Aborn suggest that a list of questions be prepared that he could take to the open house to discuss with the District 10 Director for CalTrans. Rick Benson advised that he could speak with the Board members and attend the open house to address the questions with the Director. Supervisor Pickard noted that the Chair of the Board is the spokesperson for the Board, and he suggested that consideration be given to having the Chair replace him on the Board liaison committee for the rockslide. Supervisor Bibby suggested that we reach out to Senator Cogdill and Berryhill to join the County, at their expense, to convey their wishes to Congressman Radanovich and the committee on this matter. (M)Fritz, (S)Pickard, authorization was given for the Chair of the Board and the County Administrative Officer to attend a meeting in Washington, D.C. at the request of Congressman Radanovich; and if a member of the Board liaison committee wishes to attend, that the member be authorized with this action; and Res. 07-269 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. Rick Benson advised that he plans to bring to the Board on June 19th the response to CalTrans on their options for the permanent fix. ---PAGE BREAK--- 4 6-12-07 11:14 a.m. LOCAL TRANSPORTATION COMMISSION (Chair – Commissioner Lyle Turpin, Vice-Chair – Commissioner Dianne Fritz) A) Public Presentation Chair Turpin thanked Dana Hertfelder for his work and influence he had on the California Transportation Commission (CTC) staff in resolving the issues with the RTIP. Dana Hertfelder provided input on the CTC’s approval of the RTIP; and he advised that he feels that the issue with the Old Highway Bridge project funding will come up again in the STIP process. Discussion was held. B) Adopt a Resolution Allocating the Transportation Development Act (TDA) Funds for Fiscal Year 2006-2007; and C) Adopt a Resolution Allocating $156,261 in State Transit Assistance (STA) Funds for Fiscal Year 2006-2007 (Public Works Director) COMMISSION ACTION: These items were pulled at the request of the Public Works’ Director to be rescheduled. 11:25 a.m. The Board of Supervisors reconvened. Approval of Minutes of May 8, 2007, Regular Meeting (Clerk of the Board) BOARD ACTION: There was no public input. (M)Aborn, (S)Pickard, the minutes were approved/Ayes: Turpin, Aborn, Bibby, Pickard; Abstained: Fritz as she was excused from this meeting. Approve the Appointment of Janet Chase-Williams as Interim County Librarian until March 31, 2010 or until She Completes the On-line Executive Master of Library & Information Science Program, Whichever Comes First; Increase Her Out-of-Class Pay to 20% Above the Base Pay of the Senior Library Assistant Effective June 1, 2007; Provide an Additional 20% Out-of-Class Pay Increase Effective January 1, 2008. Further, Approve an Overfill of the Senior Library Assistant Position Effective June 1, 2007 through March 31, 2010 or until Ms. Chase-Williams Completes the Executive MLIS Program (County Administrative Officer/Personnel/Risk Manager) BOARD ACTION: Rick Benson reviewed the recommended actions. There was no public input. (M)Aborn, (S)Pickard, Res. 07-270 was adopted approving the recommended actions/Ayes: Unanimous. Approve Recommended 4% Cost-of-Living Adjustment (COLA) for the Staff Services Manager and Victim/Witness Services Supervisor Classifications Effective November 1, 2006. Further Approve Recommended Salary Adjustment to the Deputy District Attorney I and Deputy District Attorney II Classifications to Resolve the Compaction Issue Program (County Administrative Officer/Personnel/Risk Manager) BOARD ACTION: Rick Benson reviewed the staff report and recommended actions; and he advised that the Deputy District Attorney I and II classification positions are vacant. Supervisor Aborn suggested that a Deputy District Attorney IV level be established. Bob Brown, District Attorney, provided input on the suggestion to create a level IV position and he asked that this be addressed soon; and he provided input on the compaction issue and salary structure of the Department. He advised of his concerns with recruitment and retention. He reviewed the history of his request on the compaction issue, and he provided input on his research of comparable data from other counties. Supervisor Pickard clarified that he is not asking for additional staff, and Bob Brown advised that he was not and that he could maintain the same staffing level as long as the deputies were at the higher level. Supervisor Bibby asked Bill Flaherty, Victim/Witness Services Supervisor, about his review of the salary survey for his position; and he provided input. Input from the public was provided by the following: Kristy Waskiewicz, MCMCO Union representative, provided input relative to the review of the Victim-Witness Supervisor position. She advised that she feels there were two separate issues in ---PAGE BREAK--- 5 6-12-07 the negotiations: 1) proposal for an across the board wage increase; and 2) Deputy District Attorney III's, and she noted that the Assistant Assessor received an eight percent salary increase. She advised that they are in support of the recommendation for the four percent adjustment for the Staff Services Manager and the Victim/Witness Services Supervisor. They are concerned with the compaction issue with the Deputy District Attorneys, and she feels that that was always a separate issue. She provided input on her understanding of the negotiation process and her concerns. She agrees that Supervisor Aborn’s suggestion to establish a IV level will help to resolve this issue. She asked that this issue be continued to try and resolve the compaction issue; and Supervisor Pickard clarified that she does not want the Board to take action on the Deputy District Attorney I and II classifications today. Rick Benson referred to the language in the MOU relative to the compaction and salary survey issues. Brian Muller, Undersheriff, representing the Sheriff’s Management Association, stated he concurs with the District Attorney relative to the compaction issue and he feels that this exists in other County departments. He feels that the Board’s willingness to acknowledge and address this is positive and he hopes that it will be addressed for other departments. He advised that he and two other members of the Management Association met with the County Administrative Officer last week concerning what they see as an inequity for their Jail Manager; and their Association is asking that when the County Administrative Officer comes to the Board members with their concerns, that the same consideration will be given to them as is being given today to these positions. Rick Benson stated he feels the proposal to look at the Deputy District Attorney IV level is separate from what is being recommended today; and he noted that direction could be given to him to look at this request. He advised that he is not to the District Attorney relative to the issues of recruitment and retention and being competitive; however, he feels that these same issues exist in other departments. He advised that he based his recommendation on the information received from the negotiator and the people that were involved in the process. He presented information on the salary survey and comparisons for the Deputy District Attorney classifications. (M)Pickard, (S)Turpin, Res. 07-271 was adopted approving the recommended four percent COLA for the Staff Services Manager and the Victim/Witness Services Supervisor classifications effective November 1, 2006/Ayes: Unanimous. Further discussion was held with Bob Brown relative to his request to move funds from the Deputy District Attorney I and II classifications to the III classification to alleviate the compaction issue; and that this is a separate issue from the agenda item today. Bob Brown stated he agrees that the County Administrative Officer’s proposal solves a compaction issue, but he also has a goal to increase the salary for the top deputies. He noted that there is a level IV position in the Human Services Department for the social workers. Kristy Waskiewicz referred to the information that Rick Benson presented on the salary survey and comparisons, and she stated she formally objects to being given information from the County Administrative Officer in a public meeting versus at the bargaining table. She stated she feels that the chart has limited value as it does not show other positions that received equity adjustments. She feels the compaction issue was set out in the MOU to be addressed and that is appropriate. Thomas P. Guarino, County Counsel, speaking as the County’s negotiator for these issues with the MOU, advised that he was at the table when these issues were negotiated. He advised that there was a whole process and a methodology was adopted for the salary survey and it was applied in negotiations with all of the agreements. He feels these last two issues are separate; and that the department is trying to address recruitment and retention needs and there is a process for Personnel to evaluate the job duties. The Board could instruct the County Administrative Officer to proceed with that process. He further advised that the County Administrative Officer has only taken the public numbers that have already been shared with the Union and put them in a bar graph form. He referred to the language in the MOU and advised that he had a part in writing the language. He advised that as negotiator for this, he agrees with the County Administrative Officer, and he provided input on the process and intent. Supervisor Pickard stated he agrees with the County Administrative Officer’s recommendation and with the history of this process as presented by County Counsel. He also agrees with trying to accomplish the retention and recruitment goals for the District Attorney’s office. ---PAGE BREAK--- 6 6-12-07 (M)Pickard, (S)Aborn, Res. 07-272 was adopted approving the County Administrative Officer’s recommendation to adjust the Deputy District Attorney I and II classifications downward to relieve the compaction issue; and direction was given for the County Administrative Officer/Personnel Officer to work with the District Attorney in finding out what would be the best way to solve the retention and recruitment goal for his office and to bring back a recommendation. Further discussion was held. Supervisor Bibby stated she feels that this should include a countywide review. Ayes: Aborn, Turpin, Fritz, Pickard; Noes: Bibby. Discussion and Appointment of Two Representatives from Mariposa County to the San Joaquin Valley Rail Committee (Supervisor Aborn) BOARD ACTION: Supervisor Aborn initiated discussion relative to this matter; and he advised of his concern with the Thruway Bus Services Contract between the National Railroad Passenger Corporation (AMTRAK) and YARTS for bus service on the Highway 41 and 120 corridors if there are over twenty people in a group versus using the Highway 140 connection. He advised that he is trying to find out more information on this. Supervisor Fritz advised that there is a YARTS meeting in Merced on Friday and this proposed contract is on the agenda. She also advised that she is interested in having a seat on the Rail Committee and thanked Supervisor Pickard and Leroy Radanovich for their efforts in obtaining membership on the Rail Committee. Input from the public was provided by the following: Marsh Pitman, TIE (Transportation Involves Everyone) presented the Board with a copy of the proposed AMTRAK/YARTS agreement for bus service. He also referred to a study that CalTrans is planning on the bus system with a focus on the route to Yosemite. He urged appointment of the two Supervisors (Supervisors Aborn and Fritz) to continue their work with the Rail Committee. (M)Pickard, (S)Turpin, Supervisors Aborn and Fritz were appointed to the Rail Committee. Supervisor Turpin questioned whether the District 10 Director for CalTrans was notified of the proposed AMTRAK/YARTS agreement in the context of impacts of the rockslide; and he suggested that it be made very clear that if this moves forward, that it is only temporary. Supervisor Fritz suggested that Supervisor Aborn could pass this information along to the Director at the CalTrans open house this evening. Ayes: Unanimous. CLOSED SESSION: Anticipated Litigation; Initiating of Litigation Pursuant to Subdivision of Government Code Section 54956.9; Number of Cases to be Discussed: 1; Names of Cases to be Discussed: County of Mariposa v. M.D. Don Endress, (Code Enforcement/Un-permitted Structures) (County Counsel) BOARD ACTION: County Counsel advised that this closed session was not needed. 2:00 p.m. Kris Schenk, Planning Director; LOCAL AGENCY FORMATION COMMISSION (LAFCo) Meeting (See Separate Minutes) CONSENT AGENDA: CA-1 Approve Agreement with Richard Shelton for General Maintenance Services at the Mariposa County Adult Detention Facility and Authorize the Board of Supervisors Chair to Sign the Agreement (Sheriff); Res. 07-251 CA-2 Approve Rental Agreements with 35-A District Agricultural Association for Mariposa Air Pollution Control District and for a Breast Feeding Center and Authorize the Board of Supervisors Chair to Sign the Agreements (Health Officer); Res. 07-252 CA-3 Approve an Amendment for Fiscal Year 2006-2007 with Area 12 Agency on Aging for the C-1, Congregate Nutrition and C-2, Home Delivered Meal Services and Authorize ---PAGE BREAK--- 7 6-12-07 the Board of Supervisors Chair to Sign the Amendment (Community Services Director); Res. 07-253 CA-4 Authorize the Board of Supervisors Chair to Sign a Letter of Intent to Award Funds for Services Rendered for the Following Programs: Congregate Nutrition, Congregate Restaurant Nutrition, Home Delivered Nutrition and IIIB Transportation to the Area 12 Agency on Aging for Fiscal Year 2007-2008 (Community Services Director); Res. 07- 254 CA-5 Approve Agreement with the Coulter Café to Provide Senior Citizens on the North Side of the County with Hot Meals and Authorize the Board of Supervisors to Sign the Agreement (Community Services Director); Res. 07-255 CA-6 Approve Agreement for Internet Access to SafeMeasures with National Council on Crime and Delinquency (NCCD) for Internet Access for Reporting Services Regarding the Child Welfare Services Program and Authorize the Board of Supervisors Chair to Sign the Agreement (Human Services Director); Res. 07-256 CA-7 Approve Budget Action Transferring Funds within Child Support Services Budget to Cover Anticipated Expenses for the Remainder of the Fiscal Year ($1,500) (Child Support Services Director); Res. 07-257 CA-8 Approve Budget Action Transferring Funds within the Agricultural Commissioner’s Budget to Cover the End of the Year Projected Expenses of the Noxious Weed Control Program ($4,600) (Agricultural Commissioner); Res. 07-258 CA-9 Authorize Award of the Coulterville Park Improvements # 06-15 to Carter Construction (Public Works Director); Res. 07-259 CA-10 Approve the Plan of Cooperation Between Mariposa County Department of Child Support Services and Mariposa County Superior Court and Authorize the Board of Supervisors Chair to Sign the Plan (Child Support Services); Res. 07-260 CA-11 Approval of Minutes of May 1, 2007, Regular Meeting (Clerk of the Board) CA-12 Approve a Two-Year Lease Agreement with the 35-A District Agricultural Association from July 1, 2007 through June 30, 2009, for the California State Mining and Mineral Museum and Authorize the Board of Supervisors Chair to Sign the Agreement (County Administrative Officer); Res. 07-261 CA-13 Approve First Amendment to the Grant Agreement with the Mariposa County Fire Safe Council for the Chipping Educational Program Concurrent with Assistance with Hazard/Fuel Reduction, Extending the Term of the Agreement to April 30, 2008 and Authorize the Board of Supervisors Chair to Sign the Agreement (County Administrative Officer); Res. 07-262 CA-14 Approve Budget Action Transferring Funds Between Yosemite West Maintenance District Fund and Yosemite West Utility Capital Fund to Cover Anticipated Expenditures through June 30, 2007 (19,200) (4/5ths Vote Required) (Public Works Director); Res. 07-263 CA-15 Authorize an Additional 100 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. 07-264 ---PAGE BREAK--- 8 6-12-07 CA-16 Approve Budget Action Increasing Both Revenue and Expense for Recycling in the Solid Waste Division Budget to Cover Anticipated Costs through June 30, 2007 ($22,000) (4/5ths Vote Required) (Public Works Director); Res. 07-267 CA-17 Approve Budget Action Recognizing Unanticipated Revenue, Reducing Solid Waste Contingency and Transferring Funds within the Solid Waste Budget to Cover Anticipated Expenditures in the Professional Services Line Item through June 30, 2007 ($8,500) (4/5ths Vote Required) (Public Works Director); Res. 07-268 CA-18 Approve Budget Action Recognizing Unanticipated Revenue and Transferring Funds within the Facilities Maintenance Budget to Cover Anticipated Costs through June 30, 2007 ($15,000) (4/5ths Vote Required) (Public Works Director); Res. 07-265 CA-19 Increase the Current Suggested Donation of $2.50 for Both Congregate Meals C-1 and Home Delivered Meals C-2 to a Suggested Donation of $3.00 for Fiscal Year 2007-2008 (Community Services Director); Res. 07-266 1:24 p.m. The meeting was continued to Wednesday, June 13, 2007, at 10:30 a.m. for a Special “Workshop Tour” of SDA Camp Wawona Redevelopment Project Site at 8110 Forest Drive in Wawona. The Public is Welcome to Attend and Participate in the Tour. The Purpose of the Tour is for Information only and no Deliberation May Occur During the Tour. No Action Will be Taken at this Workshop Respectfully submitted, MARGIE WILLIAMS Clerk of the Board