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Time Description 9:10 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Introductions Chair Bibby advised of the addendum to the agenda to add a closed session relative to labor negotiations with SEIU; she advised that it is her understanding that the appeals may have been withdrawn for the 3:30 p.m. public hearing; and she advised that there was a replacement page for the letter of recognition for Judy Hertfelder. 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: Supervisor Bibby pulled item 9 for separate action due to a potential conflict of interest as she has a remaining interest in a piece of property that is close to the Old Toll bridge; and she asked the Vice-Chair to handle this item. Input from the public was provided by the following: Paul Chapman questioned the need to extend the agreement for item 10. Rick Benson, County Administrative Officer, pulled item 16 to discuss later in the afternoon. Supervisor Turpin pulled item 1 for a correction to the December 4th minutes. Supervisor Bibby pulled item 13. Supervisor Aborn pulled item 10. (M)Fritz, (S)Aborn, the balance of the items was approved/Ayes: Unanimous. Item 1 – Supervisor Turpin advised of a correction to the minutes for December 4th to reflect that Station 26 Fire Brigade had the tree lighting ceremony in Coulterville. (M)Turpin, (S)Fritz, item 1 was approved with the correction/Ayes: Unanimous. Supervisor Fritz; Present Judy Hertfelder Letter of Recognition for Being the First Mariposa Resident to Attend UC Merced BOARD ACTION: (M)Fritz, (S)Aborn, the letter was approved and presented to Judy Hertfelder recognizing her as the first Mariposa resident to register as a freshman to attend UC Merced/Ayes: Unanimous. Judy introduced her parents, Dana and Katie Hertfelder. Public Presentation: For Items within the Jurisdiction of the Board and not on Today’s Agenda. Elnora George, Chief Executive Officer of the John C. Fremont Health Care District, announced the opening of the North County health care clinic; and she thanked those who helped to make this clinic possible. She also advised that they plan to give a presentation to the Board in later January or February 2008, relative to the changes at the hospital for the community. Supervisor Turpin commended Elnora for her work with the clinic. MARIPOSA COUNTY BOARD OF SUPERVISORS SUMMARY OF PROCEEDINGS December 18, 2007 ---PAGE BREAK--- 2 12-18-07 Kenneth Gosting, TIE (Transportation Involves Everyone), thanked the Board for its action on December 11th on the High Speed Rail, and he advised of an oversight hearing scheduled by the Senate. He advised of discussions with CalTrans officials and legislators and others relative to notching bridge number one at the Ferguson Rockslide. He commented on the work schedule over the holidays for the road reconstruction project on Highways 120/140. 9:32 a.m. Recess 9:41 a.m. Board Information Supervisor Aborn advised that he attended the 4-H club dinner held in Bootjack; and he wished everyone a very Merry Christmas and a Happy New Year. Supervisor Pickard provided information on the status of the health care reform proposal; and he advised of the need for clarification of issues that will affect the local government with this. He advised that Congress voted on the energy bill and the PILT funding and Rural Schools funding were removed. Supervisor Turpin wished everyone a Merry Christmas and a joyous holiday. He advised that he attended the Christmas events in Coulterville on Saturday. He thanked the Board for sending a letter to BLM commenting on the Management Plan, and he noted that BLM realizes that they need to communicate with the Forest Service on issues of mutual concern. Supervisor Fritz advised that she attended the Merced River Wild and Scenic Plan meeting the previous week and she commented on the Highway 120/140 repairs. She attended the tree lighting ceremony at the Courthouse on Saturday sponsored by the Lion’s Club. She rang the bells for Salvation Army on Monday for the Soroptimists at Pioneer Market, and she congratulated the community for being so giving. She advised the Supervisorial District IV meeting will be held on January 7th. She plans to attend the San Joaquin Valley Rail meeting in Merced on January 10th, and she plans to attend the YARTS JPA meeting in Merced on January 14th. She wished everyone a safe and happy holiday season and encouraged everyone to shop locally. Supervisor Bibby commented on the shortfall in the State’s budget and the need to closely watch what the impacts will be to the County. She commented on the impact to First 5 and the local programs if funding is cut. She also commented on shopping locally. She attended the Lion’s Club tree lighting event at the Courthouse and commended the volunteers that make these events happen. She attended the Sheriff’s Department year-end get together and noted that Sheriff Allen received his 30-year pin for service, and recognized the SCOPE volunteers for their work. She noted that the next Board meeting is scheduled for January 8, 2008, and she wished everyone a happy holiday and a prosperous 2008. She thanked the community, County staff, and the Board members for their assistance during the year while she served as Chair; and she wished the new Chair and Vice-Chair a fantastic 2008. She noted that she is looking forward to seeing the Ferguson Rockslide project start in 2008. Supervisor Turpin further commented on the holiday activities held in Coulterville and he thanked Mary Ann Huff and the volunteers for the fundraising event held in the Cedar room at the Jeffrey Hotel. He thanked Chair Bibby for leading the Board this past year. Chair Bibby extended a special wish to the County employees and departments, and thanked everyone for going the extra step to provide service. Cathi Boze, Agricultural Commissioner; Adopt a Resolution Re-affirming the USDA Primary Disaster Declaration Request for Mariposa County Rangeland/Livestock Operations Due to Drought Conditions that Began October 15, 2006 and are Continuing; and Introduction of Laura Westerfield, USDA Merced-Mariposa Farm Service Agency Office and Dawn Afman, USDA NRCS – Relative to USDA Disaster Program and Resource Development Assistance Resources BOARD ACTION: Cathi Boze provided input on the Board’s previous action to declare a disaster due to the drought conditions. Laura Westerfield and Dawn Afman explained the programs that they have available. Input from the public was provided by the following: Paul Chapman urged the Board to adopt the resolution re-affirming the disaster; and he urged the Board to stop the exportation of water from the County. ---PAGE BREAK--- 3 12-18-07 (M)Turpin, (S)Fritz, Res. 07-578 was adopted re-affirming the drought/Ayes: Unanimous. MARIPOSA COUNTY BOARD OF SUPERVISORS/MARIPOSA PARKING DISTRICT Thomas P. Guarino, County Counsel Discussion, Direction and Action Authorizing the Board of Supervisors Chair to Sign Parking District Leases BOARD ACTION: Thomas P. Guarino advised of the responses received from the property owners to continue the lease agreements. He advised that in order for the lease to continue on each of the lots, all of the property owners for each lot must agree to continue with the lease agreement. If all of the property owners agree for one lot and not for the other lot, then only the one lot that has agreement will continue with the lease. Following discussion, it was clarified that the only lease agreement that has not been returned is from Mr. Freitas and that is being pursued. (M)Aborn, (S)Fritz, Board Res. 07-579 and Mariposa Parking District Res. 07-1 were adopted authorizing the Chair to sign the lease agreements for each of the parking lots, contingent on receipt of signed lease agreements from all of the property owners for each of the parking lots as recommended by County Counsel/Ayes: Unanimous. MARIPOSA COUNTY WATER AGENCY (Chair – Director Turpin; Vice-Chair – Director Bibby) A) Public Presentation – none. B) Dana Hertfelder, Public Works Director; Approve Budget Action Transferring $3,000 within the Water Agency Budget from Projects to the MPUD Feasibility Study to Allow for Payment of the Final Invoice from Provost & Pritchard for Preparing the Study AGENCY ACTION: Following discussion with Dana Hertfelder, (M)Pickard, (S)Fritz, Water Agency Res. 07-1 was adopted approving the budget action/Ayes: Unanimous. Supervisor Pickard advised that he and Supervisor Turpin attended a meeting with a water consultant as a follow-up to the Water Agency Advisory Committee meeting, and he asked that the Chair schedule an item on a future agenda for the Water Agency to discuss the feasibility study concept that was presented to the subcommittee of the Advisory Committee. Dana Hertfelder provided input. Chair Turpin advised that this matter would be scheduled for the Water Agency. 10:40 a.m. Dana Hertfelder, Public Works Director; Update by CalTrans on the Status of Projects in the County BOARD ACTION: Dana Hertfelder introduced Ken Baxtor, CalTrans Deputy District Director for Planning; and he introduced Jane Perez/CalTrans Assistant Division Chief for Program Project Management, and Mark Ward, CalTrans/Office Chief for Traffic Engineering. Ken Baxtor advised of the availability of transportation planning grant funds that are available, reviewed their mission statement, reviewed the STIP allocations, and the status of projects in the County. Discussion was held with Ken Baxtor, Jane Perez, and Mark Ward, as to whether the Ferguson Rockslide project would impact the STIP funding; and relative to the status of projects in the County. Supervisor Pickard complimented CalTrans on the left-turn lane project at Darrah Road and the chip seal/recessed markers project. 11:12 a.m. Vice-Chair Turpin; 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: 2 BOARD ACTION: (M)Turpin, (S)Aborn, the closed session was held/Ayes: Aborn, Turpin, Fritz, Pickard; Abstained: Bibby. 12:44 p.m. The Board reconvened in open session, and Vice-Chair Turpin announced that direction was given to staff as a result of the closed session. ---PAGE BREAK--- 4 12-18-07 Consider Items Removed from the Consent Agenda Item 9 – Supervisor Bibby excused herself from the meeting at 12:45 p.m. due to a potential conflict of interest as stated previously, for the following item. Input from the public was provided by the following: Paul Chapman questioned why the Old Toll bridge was included in this item. Dana Hertfelder provided input on the request. Following discussion, (M)Pickard, (S)Fritz, Res. 07-580 was adopted approving item 9/Ayes: Aborn, Turpin, Fritz, Pickard; Excused: Bibby. Supervisor Bibby returned at 12:53 p.m. Item 10 – Following discussion with Dana Hertfelder, (M)Aborn, (S)Pickard, item 10 was approved/Ayes: Unanimous. Item 13 – Discussion was held with Kris Schenk, Planning Director. Supervisor Bibby asked about the consultant being present to give a presentation to the Board following the public workshops. (M)Pickard, (S)Fritz, item 13 was approved, with changes as discussed to add the Agricultural Commissioner and to change RCD staff to Yosemite/Sequoia Resource Conservation and Development Council staff/Ayes: Unanimous. Item 16 – Chair Bibby advised that this item will be considered after the closed session relative to labor negotiations with SEIU. Richard J. Benson, County Administrative Officer/Personnel/Risk Manager; C) CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: SEIU (Service Employees International Union); Name of County Designated Representative: Richard Bolanos (Richard J. Benson, County Administrative Officer/Personnel/Risk Manager) BOARD ACTION: (M)Fritz, (S)Pickard, the closed session will be held at 2:00 p.m./Ayes: Unanimous. Supervisor Bibby excused herself from the meeting at 1:04 p.m. for the following action, due to a potential conflict of interest as she has family members involved in the SMA and SDA bargaining units. A) CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: DSA (Deputy Sheriff’s Association); Name of County Designated Representative: Richard Bolanos; and B) CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: SMA (Sheriff’s Management Association); Name of County Designated Representative: Richard Bolanos BOARD ACTION: (M)Fritz, (S)Aborn, the closed sessions will be held following the closed session relative to labor negotiations with SEIU at 2:00 p.m./Ayes: Aborn, Turpin, Fritz, Pickard; Excused: Bibby. 1:05 p.m. Lunch 2:10 p.m. The Board convened in closed session. 2:54 p.m. The Board reconvened in open session. Chair Bibby advised that information was received as a result of the closed session relative to labor negotiations with SEIU. Vice-Chair Turpin announced that direction was given to staff as a result of the closed session relative to labor negotiations with DSA and SMA. 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 advised of inquiries that were received as a result of an earlier letter from the Park Service asking CalTrans to tweak the temporary bridge; and he recommended that the emergency be continued. Supervisor Bibby commented on getting additional information from the downtown businesses and the gas stations relative to the impacts the rockslide is having on their ---PAGE BREAK--- 5 12-18-07 business. (M)Fritz, (S)Aborn, Res. 07-583 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. Approval of Summary of Proceedings of December 5, 2007, Continued Meeting from December 4, 2007 (Clerk of the Board) BOARD ACTION: Supervisor Bibby excused herself from the meeting at 2:59 p.m. for this matter because these minutes are for the continued meeting for labor negotiations with DSA and SMA. (M)Fritz, (S)Pickard, the minutes were approved/Ayes: Aborn, Turpin, Fritz, Pickard; Excused: Bibby. 3:02 p.m. Karen Robb, Farm Advisor; Approve Support of the Master Gardener Program BOARD ACTION: Discussion was held with Karen Robb relative to the request. Rick Benson advised that if the Board wishes to proceed with this program, the agreement and budget action will be brought back. Input from the public was provided by the following: Paul Chapman referred to the Governor’s proposal to cut the State’s budget; and he questioned why the County should pay for this program versus the University of California. Ruth Catalan stated she feels the program is important, but questioned why the Master Gardeners couldn’t volunteer the hours to take care of the program. Further discussion was held. (M)Pickard, (S)Fritz, the Board approved supporting the Master Gardener Program and directed staff to bring back an agreement and budget action for the remainder of the fiscal year/Ayes: Unanimous. Consent Agenda item 16 – Rick Benson provided input on the MOU and advised of the addition of a paragraph that is to be inserted in the MOU that was overlooked due to a clerical error, and he advised of a side letter agreement to the MOU relative to the management labor committee. (M)Fritz, (S)Turpin, item 16 was approved, with the correction and side letter as discussed/Ayes: Unanimous. Declare Monday, December 24, 2007, a County Holiday (County Administrative Officer/Personnel/ Risk Manager) BOARD ACTION: Following discussion with Rick Benson, (M)Aborn, (S)Fritz, Res. 07-585 was adopted declaring December 24th as a County holiday/Ayes: Unanimous. 3:30 p.m. Kris Schenk, Planning Director; PUBLIC HEARING – to Consider Appeal No. 2007-169, an Appeal of the Planning Director’s September 12, 2007, Determination Regarding the Processing Requirements for an Agritourism/Guest Ranch/Farm Stay Use at Coyote Springs Ranch and Appeal No. 2007-176; an Appeal of the Planning Director’s October 25, 2007, Revised Determination Regarding the Processing Requirements for the Coyote Springs Ranch projects. Coyote Springs Ranch is Located at 2100 Old Highway, Catheys Valley; APNs 016-220-008, 016-160-082, 016-160-023, 016-160-071, 016-170-091, 016-170-093, 016- 170-094, 016-160-074, 016-180-008, 016-180-009. (Appellant: Theresa Castaldi) BOARD ACTION; Kris Schenk advised a letter was received from Theresa Castaldi withdrawing the appeals. County Counsel agreed that the appeals have been withdrawn. Supervisor Bibby asked for a copy of the correspondence that was received withdrawing the appeals. Approve Contract with Granicus, Inc., to Provide Audio Internet Streaming Services for Board of Supervisor’s Meetings and Authorize the Chair of the Board of Supervisors to Sign the Contract (County Administrative Officer/Personnel/Risk Manager) BOARD ACTION: Discussion was held with Rick Benson, and he advised of a revised amount of $32,100 versus $37,000. Board members expressed concern with being able to fund the fire protection services and asked that this matter be held. Input from the public was provided by the following: ---PAGE BREAK--- 6 12-18-07 Ruth Catalan questioned how many people will listen to the internet streaming. Paul Chapman stated he agrees with Ruth Catalan, and he questioned whether there will be additional needs with the system. (M)Aborn, (S)Turpin, the Board postponed consideration of this matter for sixty days to consider the fire protection presentation in January 2008. Further discussion was held. Ayes: Aborn, Turpin, Bibby, Fritz; Noes: Pickard. Resolution Granting an Exception to Policy Regarding Vacation Payoff when Assuming a Department Head Position (County Administrative Officer/Personnel/Risk Manager) BOARD ACTION: Discussion was held with Rick Benson, and he advised that there are some questions as to whether this conforms to the IRS regulations; and a legal opinion is being sought. County Counsel stated he agrees with moving forward with this item; but there are two concerns: 1) the IRS implication; and 2) he does not want to allow any use of the 457 program (deferred compensation) to be in violation of PERS regulations. He recommended that the Board adopt a finding if this is approved, that it is being done on the basis that it is a benefit to the County due to the large sum that is involved. Chris Ebie, Auditor, provided input on his research and his concerns with this matter and whether the action could be justified in an audit. County Counsel concurred with the comments from the Auditor and advised that is the reason for his recommended findings. County Counsel further advised that this action would give an opportunity to review whether an exception to the policy could be granted. Input from the public was provided by the following: Ruth Catalan questioned whether income averaging is still available to a taxpayer and commented on other options. Paul Chapman suggested that the Auditor write three different checks. Doug Binnewies, Sheriff’s Captain, advised that Undersheriff Muller was unable to be present as something came up at the last minute; and he advised that this request came about as a way to help the County and the interest is not self-motivating. Further discussion was held. Chris Ebie noted that he is trying to protect the County and Undersheriff Muller. (M)Pickard, (S)Aborn, Res. 07-586 was adopted, with the inclusion of a finding that this is being done on the basis that it is a benefit to the County as discussed/Ayes: Aborn, Turpin, Fritz, Pickard; Noes: Bibby. INFORMATION – No action was necessary on the following: Provide Information on Dates and Plans for Upcoming Public Workshops on Agri-Nature Tourism and Related Uses in Mariposa County; Workshops will be Held Saturday, January 26, 2008 and Saturday, March 1, 2008 (Farm Advisor) 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: Citizens for the Protection and Preservation of Wawona v. Mariposa County Board of Supervisors (County Counsel) BOARD ACTION: County Counsel asked that this matter be continued to January 8, 2008. CONSENT AGENDA CA-1 Approval of Summary of Proceedings of December 4, 2007 Regular Meeting; and Approval of Summary of Proceedings of December 11, 2007, Regular Meeting (Clerk of the Board) CA-2 Approve an Amendment to the Agreement with California Department of Forestry and Fire Protection Schedule Dispatch Contract # 4CA66709 for Dispatch Services for Fiscal Year 2007-2008 in the Amount of $156,076 for the Second Year of the Three Year Contract (Fire Chief); Res. 07-571 ---PAGE BREAK--- 7 12-18-07 CA-3 Approve a Cooperative Fire Protection Mutual Aid Agreement to Provide Assistance to One Another, Between Mariposa County and the California Department of Forestry and Fire Protection CAL-FIRE and Authorize The Board of Supervisors Chair to Sign the Agreement (Fire Chief); Res. 07-572 CA-4 Approve Budget Action Transferring Funds from Board Salaries (District II) to Enhance the Red Cloud Library Project (5,622) (4/5ths Vote Required) (Supervisor Turpin); Res. 07-573 CA-5 Accept the Resignation of Lee Eddy from the Greeley Hill Planning Advisory Committee (Supervisor Turpin) CA-6 Approve Budget Action Reducing General Fund Contingency to Pay off the Mariposa Public Utility District (MPUD) Assessment on APN 013-186-009, Which is Part of the Arts Park ($3,268) (4/5ths Vote Required) (Public Works Director); Res. 07-574 CA-7 Approve the Appointment of Barbara Milazzo to the Mariposa County Unified School District Seat of the Mariposa County Solid Waste AB 939 Local Task Force (Public Works Director) CA-8 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. 07-575 CA-9 Approve an Amendment to an Agreement with CH2MHill Extending the Date of Completion to June 30, 2008, for the Replacement or Rehabilitation of Five Bridges that the County Currently has Programmed for Funding through the Highway Bridge Replacement and Rehabilitation Program (HBRR) and Authorize the Board of Supervisors Chair to Sign the Amendment (Public Works Director); Res. 07-580 CA-10 Approve an Amendment to the Agreement with Provost and Pritchard for the MPUD Feasibility study Extending the Date to June 30, 2008 and Authorize the Board of Supervisors Chair to Sign the Amendment (Public Works Director); Res. 07-581 CA-11 Accept the Resignation of Lee Shackleton from the Historic Sites and Records Preservation Commission (Chair Bibby) CA-12 Appoint Tom Phillips to the Historic Sites and Records Preservation Commission as a Member Representing the Mariposa Museum and History Center and Appoint Al Ranson to the Historic Sites and Records Preservation Commission as an Alternate Representing the Mariposa Museum and History Center (Chair Bibby) CA-13 Approve an Agreement with Hauge Brueck Associates, LLC to Implement the Mariposa County General Plan by Developing Standards and Guidelines for Agri-Nature Tourism and Related Uses and Authorize the Board of Supervisors Chair to Sign the Agreement (Planning Director); Res. 07-582 with changes as discussed CA-14 Adopt a Resolution Amending the Contribution Under the Public Employees’ Medical and Hospital Care Act (PEMHCA) for the Retirees of the Mariposa County Managerial and Confidential Organization (MCMCO), Sheriffs’ Management Association (SMA), Court Management, as Well as Retired Appointed and Elected Officials (County Administrative Officer/Personnel/Risk Manager); Res. 07-576 ---PAGE BREAK--- 8 12-18-07 CA-15 Approve Budget Action Accepting One Time Only Funds From Area 12 Agency on Aging for Purchases for the Congregate and Home Delivered Meal Programs ($2,034) (4/5ths Vote Required) (Community Services Director); Res. 07-577 CA-16 Approve a Three Year Memorandum of Understanding (MOU) with the Service Employees International Union (SEIU) Effective November 1, 2007 and Side Letter and Authorize the Board of Supervisors Chair to Sign the MOU and Authorize Auditor to Transfer Appropriations to Each Affected Budget Unit in Order to Implement Provisions of the MOU (County Administrative Officer/Personnel/Risk Manager); Res. 07-584 4:55 p.m. (M)Fritz, (S)Aborn, the Board adjourned in memory of Robert “Bob” Daniels and Genetta A. (Von Escher) Gonder/Ayes: Unanimous. Respectfully submitted, MARGIE WILLIAMS, Clerk of the Board JANET BIBBY, Chair, Board of Supervisors