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Time Description 9:09 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Introductions Approval of Consent Agenda (See End of Summary of Proceedings) 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 6 and questioned the additional authorization of funds to Best Best & Krieger. Supervisor Bibby pulled items 4, 5 and 6. (M)Pickard, (S)Aborn, the balance of the agenda was approved/Ayes: Unanimous. Items 4 and 5 – Discussion was held with Keith Williams, Treasurer/Tax Collector, relative to the recommendations. (M)Aborn, (S)Fritz, items 4 and 5 were approved/Ayes: Unanimous. Item 6 – Supervisor Bibby asked whether there is any public information available on what case this involves, and whether there is any conflict of interest for her to participate as this law firm had been involved with labor negotiations. Rick Benson, County Administrative Officer, advised that this contract is for an ongoing personnel legal matter and it is not related to labor negotiations so there is no conflict. Supervisor Bibby asked that information be provided on how much has been spent for this case, and Rick Benson advised that he would obtain the information. (M)Aborn, (S)Fritz, item 6 was approved/Ayes: Aborn, Turpin, Fritz, Pickard; Noes: Bibby. Public Presentation: For Items within the Jurisdiction of the Board and not on Today’s Agenda. Robert Kroon, Yosemite West, presented and asked the Board members and County Counsel to review a video tape of the Yosemite West Planning Advisory meeting before the April 19th Board hearing; and he advised that he has concerns with the proposed Special Plan for Yosemite West and its potential impacts to the transient occupancy revenues and businesses. Eleanor Keuning, speaking as an individual, referred to the California Product Stewardship Council and their upcoming workshop and stated she hoped there would be attendance from the County. She advised that the Gem and Mineral Show is this weekend at the Fairgrounds; and that the Habitat for Humanity is meeting on Sunday at the Best Western. She commented on the parking issues at the Rest Area and the need for enforcement. Chair Turpin advised that this information will be forwarded to Public Works and the Sheriff. Ruth Sellers commented on the parking issues at the Rest Area and problems with the parking spaces designated for the buses by taken by the vendors, and she noted that employees of the dentist office are using the parking spaces in front of the Museum. She feels the “food court” (street vendors) should be addressed. MARIPOSA COUNTY BOARD OF SUPERVISORS SUMMARY OF PROCEEDINGS April 8, 2008 ---PAGE BREAK--- 2 4-8-08 Ruth Catalan asked about the status of the preparation of the job description for the compliance officer for the Williamson Act contracts, and she asked whether anyone is working on the ordinance to address the deportation of water from the County. Board Information Supervisor Bibby referred to the public presentation by Ruth Catalan and advised that the Water Agency was going to address the water issue; and information can be obtained on the status of the job description for the Williamson Act compliance officer. She advised of concerns she has received on code compliance, violation issues and assemblage permits, and she commented on her efforts to get agencies together to get a consistent process for handling issues such as “red tags.” She advised that she has a list of violations, which is not inclusive, and she presented the list to County Counsel and asked that he distribute it to the Board and applicable agencies as the law permits. Supervisor Aborn advised that he attended the YARTS meeting in Merced on Monday and that Supervisor Fritz was selected as Chair. On Saturday, the Clampers were in Midpines at the Mountain View Grocery store and placed a monument pertaining to the old mining district. Supervisor Fritz advised that she attended the YARTS meeting on Monday and commented on the issues that were discussed. She advised of the upcoming Civil War Reenactment event and the activities and educational opportunity for the students. She commented on the artwork in the Board Chambers from students relative to the Ferguson Rockslide and from the young children for the upcoming “Week of the Young Child.” She advised that a Town Hall meeting will be held on Thursday at the Best Western relative to underage drinking, sponsored by Friday Night Live. She plans to attend the San Joaquin Valley Regional Association of California Counties conference in Modesto next week. Supervisor Turpin advised that he attended the Red Cross Everyday Heroes meeting Merced; and on Friday he attended the groundbreaking ceremony for the Red Cloud Library in Greeley Hill. He attended an economic development working group meeting in North County on Monday and he advised of the status of improvements to McClure Point. He advised that the North County History Center will be sponsoring a history talk on Saturday in Greeley Hill. Dr. Mosher introduced Pat Murphy, the new Emergency Medical Services Coordinator for the County; and Mr. Murphy commented that he is pleased to be here. Dr. Mosher introduced Janette Gamble/Chair of the Mariposa County Unified School District Board and Dr. Lowry/Interim Superintendent of the School District and Bob Morse/Transportation and Maintenance Manager for the School District, who were present for the following matters. Dr. Mosher, Air Pollution Control Officer; A) Authorize the Air Pollution Control Officer to Apply for Year 10 Moyer Funding in the Amount of $200,000 and Direct the Revenue to the Rural Assistance Program AIR POLLUTION CONTROL BOARD ACTION: Following discussion, (M)Fritz, (S)Pickard, APCD Res. 08-1 was adopted approving the recommended actions/Ayes: Unanimous. B) Authorize the Air Pollution Control Officer to Enter into an Agreement with the San Joaquin Unified Air Pollution Control District to Administer School Bus Retrofit Funds in Mariposa County for the Next Two Fiscal Years AIR POLLUTION CONTROL BOARD ACTION: Discussion was held with Dr. Mosher. Bob Morse clarified that the funds need to be committed within the eighteen months. (M)Fritz, (S)Aborn, APCD Res. 08-2 was adopted approving the recommended action/Ayes: Unanimous. 10:00 a.m. The public hearing to consider Conditional Use Permit No. 2007-13 and Williamson Act Compatibility Determination, a proposed church on property in the Agriculture Exclusive Zone was opened and continued until after the following matter. ---PAGE BREAK--- 3 4-8-08 Jim Wilson, Fire Chief; Discussion and Possible Direction and Presentation to Update the Board and the Public on Progress in drafting Specifications for Mariposa County Fire Department’s Proposed Fleet of Fire Engines BOARD ACTION: Jim Wilson gave an overview of the draft specifications. Jim and Joe Halencak/PWD-Fleet Superintendent responded to questions from the Board. Rick Benson provided input relative to the process. Supervisor Turpin asked that information be submitted with the bids relative to projected maintenance and costs. Input from the public was provided by the following: Paul Chapman provided input on the proposed specifications relative to having a retarder for the Allison transmission and the Jake Brake; and he questioned whether the specifications are for County versus city engines and the benefit to the lower portion of the County. Donald Weston noted that there has been work on fire issues for many years and he feels we need to move forward. He commented on the specifications and maintenance. Dan Smith, President of the Chief Officers Association, provided input relative to the recommendation to not spend the funds on the compressed air foam units. He referred to a recent incident where other engines responded to his Hunters Valley Station area before he could get there because of the old engine; and he stated the new engines are needed. Steve Kitchen, Station 25 in Mt. Bullion, provided input relative to the specifications and the need for the equipment. Discussion was held relative to the specifications and the process. Rick Benson provided input on the process for approving the final specifications; reviewing how the equipment will be funded and advised that they are looking at financing arrangements; and relative to the County Service Area process for funding the purchase. Supervisor Aborn commented on the need to consider actions taken by Midpines and North County to fund the purchase of equipment and fire protection. He and Supervisor Bibby expressed concern with proceeding to purchase the equipment without having the funding available. (M)Fritz, (S)Pickard, direction was given to the Fire Chief and Public Works to bring back the final specifications and formal procedure for going out to bid for the equipment. Supervisor Aborn asked that cost information be brought back for adding 4-wheel drive to the engines; and Supervisor Bibby noted that there should be consideration to having some 4 x 4 engines for strategic placement in the County. Ayes: Unanimous. 11:02 a.m. Recess 11:15 a.m. Kris Schenk, Deputy Planning Director; PUBLIC HEARING to Consider Conditional Use Permit No. 2007-13 and Williamson Act Compatibility Determination, a Proposed Church on Property in the Agriculture Exclusive Zone. Because the Parcel is also in a Williamson Act (LCA) Contract, the Applicant Proposes the County Find the Church is a “Compatible Use” in this Contract. The Project Site is Located off of Highway 140, Just East of Spring Hill High School; APN 012-180-032. Applicant: Mariposa Revival Center Inc. /Henry Falany. Property Owner: Frank and Francis Long NOTE: STAFF WILL BE REQUESTING A CONTINUANCE OF THE PUBLIC HEARING. BOARD ACTION: Thomas P. Guarino, County Counsel, advised that it is his request for a continuance of the hearing due to several projects that have recently required his legal review. He advised that he contacted Attorney Starchman and Attorney Breemer’s office on Thursday; and Attorney Breemer asked to meet with him and he would like to have that opportunity. He asked that the hearing be continued to April 22nd to allow him an opportunity to provide the Board with a full review of options that it may wish to take. Following discussion, (M)Pickard, (S)Aborn, the public hearing was continued to April 22, 2008 at 3:30 p.m./Ayes: Unanimous. Richard J. Benson, County Administrative Officer/Personnel/Risk Manager; Approve the 2007/2008 Reclassification Requests as Recommended to be Effective January 1, 2008; Approve Budget Actions Reducing the General Contingency by ($3,119) to Fund the Recommended Reclassifications (4/5ths Vote Required) BOARD ACTION: Rick Benson reviewed the reclassification requests and recommendations. ---PAGE BREAK--- 4 4-8-08 Chair Turpin asked that the following two recommended reclassification requests be considered first: an Office Assistant II to Senior Office Assistant in the Probation Department and in the District Attorney’s Office. Input on these two requests was provided by the following: Bob Brown, District Attorney, provided input on the process and relative to the request. (M)Aborn, (S)Bibby, Res. 08-138 was adopted approving the recommended reclassification request from the Office Assistant II to the Senior Office Assistant in the Probation Department and in the District Attorney’s Office; with an effective date of January 1, 2008; and approving the budget action/Ayes: Unanimous. Discussion was held relative to the reclassification requests for the Office Assistant II and the Fire Services Assistant within the Fire Department. Sandi Laird/Administration-Administrative Analyst provided input relative to the request. Discussion was held relative to the reclassification request for the 4-H Coordinator in the Farm Advisor’s Office; and input on this request was provided by the following: Karen Robb, Farm Advisor, provided input on the history of the position and the request for reclassification. Sandi Laird provided input relative to the history of the classification and compensation study and relative to this request. Discussion was held relative to the department looking at extra help to alleviate some of the workload of the position and relative to looking at merit/equity issues for the position. Ruth Catalan commented on this position’s work with the Ag in the Classroom program; and she questioned why a stipend or equity adjustment couldn’t be done. Paul Chapman agreed with Ruth Catalan and stated he feels the job description for the position has changed. Karen Robb read a letter from Codie Hart/4-H Council President in support of the reclassification. Donna Wice, 4-H Coordinator, presented information in support of the reclassification request for her position. Cathi Boze, Agricultural Commissioner, stated she is supportive of agriculture and the reclassification request; and she commented on salary and job duty comparisons between the Master Gardener Program Coordinator position and the 4-H Coordinator. She also presented information showing the duties for the 4-H Coordinator position when Wain Johnson was Farm Advisor and commented on the changes since then. Dan Wice, husband to Donna Wice, provided input relative to the questions raised about the job description and comparison of duties with other counties; and he commented on the shift in responsibility for the 4-H program from the County Director to the 4-H Coordinator. Discussion was held. (M)Aborn, to approve the reclassification as requested for the 4-H Coordinator, was held pending further discussion. Rick Benson noted that the request is for a new position and the salary for the position has not been addressed. Further discussion was held relative to the request; considering a merit/equity adjustment, and the workload. Donna Wice provided additional input relative to the new training requirements from the University of California for the 4-H leaders. Supervisor Aborn restated his motion, (S)Fritz, to request that the County Administrative Officer look at the job description for the 4-H Coordinator position to see if it needs to be modified to address the new duties being taken on, and to address the equity issue; and further direction was given for this matter to be brought back to the Board as soon as possible. Further discussion was held relative to the workload issue and Chair Turpin referred this issue to the Farm Advisor to address. Further discussion was held relative to the change in duties for the Farm Advisor/County Director with respect to the 4-H program; and Karen Robb provided input. Rick Benson responded to a question from the Board relative to the process for an equity adjustment. Sandi Laird noted that the market and internal salary structure would also be reviewed and advised that this is a meet and consult item. Ayes: Unanimous. Rick Benson commented on the reclassification process and commended Sandi Laird for her work with these requests. ---PAGE BREAK--- 5 4-8-08 Discussion and Possible Further Action Regarding Continuation of the Local Emergency Due to Landslides on Highway 140 Enroute to Yosemite National Park (County Administrative Officer) BOARD ACTION: Rick Benson reported on his attendance at the CalTrans program team meeting in Stockton and efforts to address the issues involved with the permanent fix and possible solutions to tweaking the temporary bridges. He advised that CalTrans will provide a report to the Board on April 22nd on the status of the project. There have been no changes in the slide and he recommended that the local emergency be continued. (M)Bibby, (S)Aborn, Res. 08-139 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. CONSENT AGENDA CA-1 Approve an Agreement with 35-A District Agricultural Association for Utilization of Fair Property to Provide Mosquito Fish to Owners of Ponds on May 3, 2008 and Authorize the Board of Supervisors Chair to Sign the Agreement (Health Officer); Res. 08-132 CA-2 Approve an Agreement with the 35-A District Agricultural Association for Public Health Emergency Exercise on May 21, 2008 and Authorize the Board of Supervisors Chair to Sign the Agreement (Health Officer); Res. 08-133 CA-3 Approve Budget Action Increasing Revenue and Appropriations and Transferring Funds within the Child Support Fund and Operating Budget for Training on the New Statewide System and to Accommodate Training Expenses for the Remainder of the Fiscal Year ($4,300) (4/5ths Vote Required) (Child Support Director); Res. 08-134 CA-4 Adopt a Resolution Dissolving the Treasury Oversight Committee Established in 1996 Pursuant to SB66 (Treasurer/County Clerk/Tax Collector); Res. 08-135 CA-5 Approve and Adopt Changes to the Investment Policy and Guidelines for Mariposa County (Treasurer/County Clerk/Tax Collector); Res. 08-136 CA-6 Approve a Professional Services Agreement with Best, Best and Krieger, LLP for Continuation of Counsel Services for a Personnel-related Matter in an Amount Not to Exceed $25,000 (County Administrative Officer/Personnel/Risk Manager); Res. 08-137 (M)Pickard, (S)Fritz, the meeting was adjourned at 1:18 p.m. in memory of Beulah Bernice Westfall (Boo) Douglas, Etta Belle Baker, and Rodney “Red” James Sgambellone/Ayes: Unanimous. Respectfully submitted, MARGIE WILLIAMS, Clerk of the Board LYLE TURPIN, Chair, Board of Supervisors