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Time Description 9:02 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Introductions Chair Bibby clarified that the 1:30 p.m. agenda item for conference with legal counsel concerning anticipated litigation is a closed session matter. 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 2, and questioned whether South Shore is paying for the boundary line adjustment costs. He referred to item 6 and asked if the vacancies were advertised. Nancy Carroll advised that she is representing the minors in the case for item 7 (as a Court Appointed Special Advocate – CASA) and she encouraged the Board to support the children in this case. She commented on the case and advised that she is available if needed to provide additional information. Supervisor Fritz pulled item 9 for separate action as she has a potential conflict of interest since she is a member of the Board of Directors for the Chamber of Commerce. Supervisor Turpin pulled item 2. Supervisor Bibby pulled item 7 at the request of the public; and item 6 to clarify that the vacancies were advertised. She also pulled items 2 and 4. (M)Turpin, (S)Fritz, the balance of the items was approved/Ayes: Unanimous. The pulled items were taken up later in the meeting. Public Presentation: For Items within the Jurisdiction of the Board and not on Today’s Agenda. None. Board Information Supervisor Turpin advised of the Highway 132 business meeting; and he commented on the picturesque drive along Highway 49 North with the spring blooms. Supervisor Aborn noted that they had about two inches of snow in Midpines on Monday evening; and he had a meeting in the Park on Monday. Supervisor Pickard advised that the Senate Local Government Committee unanimously approved SB 277, gas tax legislation for the three counties without incorporated cities; and the next step is the Appropriations Committee. Supervisor Fritz advised that she will be leaving for Sacramento this afternoon for the CSAC (California State Association of Counties) Conference. Saturday is the Soroptimist Gold Rush Dinner Dance fundraising event. She plans to attend the YARTS meeting on Monday to be held at the MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA March 27, 2007 ---PAGE BREAK--- 2 3-27-07 Government Center. On April 7th, there will be a dedication of the Mariposa Museum and History Center’s 50th anniversary monument erected by the Matuca Chapter 1849 of E. Clampus Vitus. Supervisor Bibby complimented the Clampers for their work on the monument at the History Center. She advised that she plans to attend the Mental Health Board meeting on April 3rd, and she advised that she serves as a member pursuant to Welfare and Institutions Code 5604(a)(1). She advised that some information has been received from EnerPower relative to their audit of PG&E bills. She provided information on the statistics of attendees for the Storytelling Festival. Chair Bibby advised that an off-agenda request was received from the Probation Department for the purchase of a case management software program to replace an existing system. Rick Benson, County Administrative Officer, and Thomas P. Guarino, County Counsel, advised of the process for handling an off-agenda request. Gail Neal, Chief Probation Officer, clarified that the software system was not operating on Monday when she asked for this item to be considered today; however, it is operating this morning, but she does not know how long it will run. Rick Benson advised that this matter was brought to his attention on Monday afternoon and the agenda was posted last Thursday. Chair Bibby noted that she received the information this morning at 8:45 a.m., and she will ask for a recess to review the materials that were submitted for the request. There was no public input. (M)Fritz, (S)Aborn, the Board took action waiving the requirement for 72 hours agenda noticing and placing the request for the software purchase on this agenda, finding that this request was not known about at the time the agenda was posted and it is a matter of urgency for the operation of the Probation Department/Ayes: Unanimous. 9:21 a.m. Recess for the Board members to review the material that was submitted for the request. 9:52 a.m. Discussion was held relative to the request for the purchase of a software program to replace the existing system in the Probation Department. Chair Bibby noted that a budget action form was distributed, and that the information on the request is available in the public review agenda binder. Gail Neal presented her request and reviewed the history of the case management program for the department; and she advised of the systems that are currently available. Rick Peresan, Technical Services Director, provided technical information on the status of the operation of the current system and the history of failures; and he advised that he feels that it will fail again today or tomorrow and he will recommend that the system be turned off at that point; and he advised of the risk of not being able to recover the information when the system fails. It was noted that the recommendation is to transfer the data manually versus the additional purchase of software for the transfer. Discussion was held relative to the purchase of the recommended systems and options for financing. Rick Benson recommended that direction be given to staff to look at financing options. It was noted that repairs to the existing system are not viable – the company went bankrupt and is not longer in business and there is no one to maintain the software. Rick Peresan added that parts are not available from the manufacturer and the source codes for the programming are not available. Supervisor Bibby asked for clarification concerning the status of salary savings in the department; and she noted that there needs to be a finding for waiver of the formal bid process. There was no public input. County Counsel advised of his preliminary review of the contract; and he noted that there are provisions that he would normally recommend be negotiated out of the contract such as interest on late payments and travel outside of the per diem. However, this is an urgency item. He reviewed the contracting provisions and bid requirements and findings that need to be made to waive the formal bid process, including the finding that the emergency is such that the normal bid process could not be followed. (M)Fritz, (S)Turpin, Res. 07-108a was adopted waiving the formal bid process for the purchase of the case management system software from New Dawn Technologies, with the findings as stated by County Counsel; approving the budget action for $75,213; and authorizing the Chair to sign the contract for the purchase, with the option of looking at a payment plan. Further discussion was held. Ayes: Unanimous. Thomas P. Guarino, County Counsel; Adopt a Resolution Declaring the Board of Supervisors’ Intention to Purchase Real Property Located at 11th and Bullion Streets and 10th Street in Mariposa County ---PAGE BREAK--- 3 3-27-07 BOARD ACTION: Discussion was held with Thomas P. Guarino relative to the request. Input from the public was provided by the following: Paul Chapman stated he feels that a lot of money has already been spent in the negotiation process and there are a lot of “what ifs” and he does not feel that we need this property for a Courthouse. Discussion was held. Supervisor Bibby expressed concern with neighborhood protection issues and what can be built on the property and consideration of the best location for a Courthouse; and she expressed concern with the language in the formal resolution that this property is suited for a Courthouse. Supervisor Aborn stated he agrees with the need to maintain a Courthouse operation in the historic Courthouse. Supervisor Bibby expressed concern with there being no guarantee of what type of architecture will be used for the structure; with future expansion space; and with being able to provide secure parking for the Court personnel; with having adequate parking in the area for jurors; and she expressed concern with this type of use in a residential area. (M)Pickard, (S)Fritz, Res. 07-108 was adopted declaring the Board of Supervisors’ intention to purchase real property located at 11th and Bullion Streets and 10th Street in Mariposa County utilizing Courthouse Construction Funds; authorizing the Chair to sign the Land Purchase Agreement; and scheduling a public meeting regarding the intention to purchase the property on May 8, 2007 at 10:00 a.m. for final approval of the purchase/Ayes: Turpin, Fritz, Pickard; Noes: Aborn, Bibby. Supervisor Turpin; Tom Quinn and John Swanson of US Forest Service, Stanislaus National Forest will Provide an Update on Current Projects BOARD ACTION: Supervisor Turpin introduced Tom Quinn, Forest Supervisor for the Stanislaus National Forest. Tom Quinn reviewed issues being addressed by the Forest Service, including vegetation management and timber sales. Supervisor Turpin initiated discussion concerning the status of the Secure Rural Schools funding and the development of off-highway vehicle (OHV) routes and trails. Supervisor Pickard noted that the OHV issues will be discussed at the next Bio-Diversity Council meeting, and he encouraged attendance from the Forest Service. Tom Quinn advised of a policy being developed that would prohibit vehicles of more than one-car length being allowed to pull off of the road unless the area is designated as a dispersed camping site; and he urged that input be provided. Tom Quinn introduced the new Deputy Forest Supervisor, Cathy Hardy. Cathy Hardy provided information on her background and projects they are working on – they are under a Congressional mandate to evaluate the grazing allotments; and a recreation facility master plan is being completed by the Forest. John Swanson, Groveland District Ranger, provided an update on their fire fighting preparedness for this summer; and he provided a status report on the Larsen reforestation project. Supervisor Pickard asked that a status report on the Bower Cave project be provided. Supervisor Aborn suggested that the Forest Service give this presentation at a Gateway Community meeting. There was no public input, and no action was necessary. 11:45 a.m. Recess 11:53 a.m. Dana Hertfelder, Public Works Director; Update, Discussion and Possible Direction Regarding the “Safe Accountable, Flexible, Efficient Transportation Equity Act” A Legacy for Users (SAFETEA-LU) Funding for Improving 16 Roads, a Bridge and a Bike Path in Mariposa County BOARD ACTION: Discussion was held with Dana Hertfelder relative to the status of SAFETEA-LU funding and projects, and matching fund requirements. He advised that they would like to accomplish the Coakley Circle, Cole Road, and Piney Creek Road projects this year and asked for authorization to program these projects, with more information to come back on identifying the matching funds. Input from the public was provided by the following: Ruth Sellers disputed the traffic counts for Cole Road and asked how the determination is made as to which roads are paved. She stated she feels that the roads in the Mykleoaks subdivision need more maintenance. Dana Hertfelder responded as to the process for determining the road projects. ---PAGE BREAK--- 4 3-27-07 Following discussion, (M)Pickard, (S)Turpin, Res. 07-109 was adopted authorizing Public Works to proceed with programming the projects as discussed/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: Chair Bibby noted that the Fire Chief advised that the Office of Emergency Services says we are in our right to continue the local emergency declaration until it is resolved. Input from the public was provided by the following: Dick Hutchinson asked about the status of collecting data on the impacts of the rockslide, and he asked whether any personnel or outside support is needed. Rick Benson, County Administrative Officer, advised that he is still receiving information; and he provided input on working on the socio- economic study that will include the data. (M)Turpin, (S)Aborn, Res. 07-110 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 Items Removed from the Consent Agenda Consent Agenda item 2 – Road Division budget action. Supervisor Turpin asked whether the developer has been billed for the costs for the County boundary adjustment. Dana Hertfelder, Public Works Director, advised that the costs will be paid by the developer. Thomas P. Guarino, County Counsel, noted that the upfront payment by the developer was for the legal costs. (M)Turpin, (S)Pickard, item 2 was approved/Ayes: Unanimous. Consent Agenda item 4 – Coulterville Park Improvements project. Supervisor Bibby noted that a portion of the project involves covering a portion of a tennis court for a picnic area. Supervisor Pickard asked whether the Parks and Recreation Commission reviewed the project. (M)Turpin, (S)Pickard, item 4 was approved/Ayes: Unanimous. Consent Agenda item 6 – appointments to Airport Advisory Committee. Dana Hertfelder, Public Works Director, clarified that the vacancies were posted in accordance with the Maddy Act. (M)Turpin, (S)Fritz, item 6 was approved/Ayes: Unanimous. Consent Agenda item 7 – rejection of Claim Nos. C07-3 and C07-4. Rick Benson, County Administrative Officer, noted the request made earlier this date by Nancy Carroll; and he advised of his recommendation for denial of the claims. He advised that because of the sensitive nature of the cases as they involve minors, that if the Board wishes to discuss the details of the claim, it should be done in closed session. (M)Pickard, (S)Turpin, item 7 was approved as recommended/Ayes: Unanimous. Consent Agenda item 9 – amendment to the agreement with the Mariposa County Chamber of Commerce. Supervisor Fritz excused herself from the meeting at 12:38 p.m. for this item due to a potential conflict of interest as stated earlier in the meeting. (M)Pickard, (S)Turpin, item 9 was approved/Ayes: Aborn, Turpin, Bibby, Pickard; Excused: Fritz. Supervisor Fritz returned to the meeting at 12:39 p.m. Approval of Minutes of February 27, 2007, Regular Meeting (Clerk of the Board) BOARD ACTION: There was no public input. (M)Fritz, (S)Aborn, the minutes were approved/Ayes: Aborn, Turpin, Bibby, Fritz; Excused: Pickard, as he was absent from the meeting. Adopt a Resolution Certifying that Former Fire Chief Blaine Shultz is not Disabled within the Meaning of the Public Employees’ Retirement (PERS) Law (County Administrative Officer/Personnel Manager) BOARD ACTION: Chair Bibby advised of the receipt of a letter from Blaine Shultz dated March 26, 2007. Rick Benson, County Administrative Officer, presented the staff report. Input from the public was provided by the following: Ruth Catalan asked for clarification of the request. Rick Benson advised that Blaine Shultz submitted his retirement in December 2006 and applied for a disability retirement and that application has been pending. An opinion has been received from outside legal resources and that is what he is basing his recommendation on. (M)Pickard, (S)Aborn, Res. 07-115 was adopted certifying that Blaine Shultz is not disabled within the meaning of PERS law/Ayes: Aborn, Turpin, Bibby, Pickard; Noes: Fritz. ---PAGE BREAK--- 5 3-27-07 Selection of Board Member to Represent Mariposa County as an Alternate to the Sierra Nevada Conservancy and as a Representative to the Sub-region for Mariposa County (Supervisor Pickard) BOARD ACTION: Supervisor Pickard initiated discussion and recommended that Supervisor Turpin be selected. There was no public input. (M)Pickard, (S)Fritz, Supervisor Turpin was selected to represent the County/Ayes: Unanimous. CLOSED SESSION: Conference with Real Property Negotiator; Description of Real Property: Juanita Moore/SPCA Property on Bullion Street; Agency Negotiator: Thomas P. Guarino; Name of Party who will Negotiate with County (Not Party’s Agent): SPCA; Closed Session will Concern Price and Terms of Lease/Purchase (County Counsel) BOARD ACTION: County Counsel advised that this closed session was not needed. CLOSED SESSION: Liability Claims; Claimant Name: Freda Bales on Behalf of Two Minor Children; Claim Number: C07-3 and C07-4; Name of Agency Sued: County of Mariposa (County Administrative Officer) BOARD ACTION: The County Administrative Officer advised that this closed session was not needed. 12:50 p.m. CLOSED SESSION (folder 10): Public Employee Performance Evaluation; Position Under Review: County Fire Chief/Emergency Planning Coordinator (County Administrative Officer/Personnel Director/Risk Manager); CLOSED SESSION (folder 11): Conference with Legal Counsel: Anticipated Litigation: Significant Exposure to Litigation Pursuant to Subdivision of Government Code Section 54956.9. Number of Cases to be Discussed: 1 (County Administrative Officer/Personnel/Risk Manager); and CLOSED SESSION (folder Richard J. Benson, County Administrative Officer/Personnel Director/Risk Manager; Conference with Legal Counsel: Anticipated Litigation; Significant Exposure to Litigation Pursuant to Subdivision of Government Code Section 54956.9; Number of Cases to be Discussed: 1 BOARD ACTION: There was no public input. (M)Pickard, (S)Fritz, the closed sessions were held, with the last closed session to be held at 1:30 p.m./Ayes: Unanimous. 1:16 p.m. Lunch 1:35 p.m. The Board reconvened in closed session. 2:06 p.m. Recess 2:28 p.m. Chair Bibby announced the following actions as a result of the closed session matters: information was received and no action taken on folders 4 and 10; and direction was provided to staff on folder 11. CONSENT AGENDA: CA-1 Approve Budget Action Transferring Funds within the Transportation Planning Budget and Decreasing Planning Contingency to Fund Additional Private Vehicle Use for Training Session with CalTrans (4/5ths Vote Required) ($2,000) (Public Works Director); Res. 07-103 CA-2 Approve Budget Action Transferring Funds for the Road Division Increasing Appropriations for CDF/CDC Services by ($10,000) and Publications/Advertising by ($2,000) and Decreasing Road Contingency by $12,000 to Cover these Costs (4/5ths Vote Required) (Public Works Director); Res. 07-111 ---PAGE BREAK--- 6 3-27-07 CA-3 Approve an Agreement with Roger Stephens to Perform Map Checking, Legal Description Checking and General Surveying Document Checking and Executing Documents as the County Surveyor Under the Direction of the Public Works Director in the Not to Exceed Amount of $25,000 and Authorize the Chair of the Board of Supervisors to Sign the Agreement (Public Works Director); Res. 07-104 CA-4 Approve the Plans and Specifications for the Coulterville Park Improvements and Authorize the Public Works Director to Bid the Project and Award to the Lowest Responsible Bidder; (to Review Plans and Specifications See Clerk of the Board) (Public Works Director); Res. 07-112 CA-5 Authorize the Chair of the Board of Supervisors to Sign a Letter to CalTrans Approving the Detour of Traffic from State Routes to Mariposa County Roadways for the Duration of the “Mariposa Butterfly Festival Parade” on Saturday, May 5, 2007 (County Administrative Officer); Res. 07-105 CA-6 Appoint Patrick Tierney and Joe O’Neal to Fill two Vacancies on the Mariposa County Airport Advisory Committee, Terms Expiring January 3, 2011 (Supervisor Turpin) CA-7 Recommend the Rejection of Claim Nos. C07-3 and C07-4 Filed by Freda Bales on Behalf of Two Minor Children for $7,228.00 and $7,746.00 and Authorize the Chair of the Board of Supervisors to Sign the Notices of the Rejection (County Administrative Officer/Personnel/Risk Manager); Res. 07-113 CA-8 Approve the Appointment of Janet Chase-Williams as Interim County Librarian with a 10% Increase in Salary for Out-of-class Pay Effective March 7, 2007 (County Administrative Officer/Personnel/Risk Manager); Res. 07-106 CA-9 Approve Amendment with Mariposa County Chamber of Commerce Reducing the Compensation to $135,000 and Authorize the Chair of the Board of Supervisors to Sign the Amendment (County Administration Officer/Personnel/Risk Manager); Res. 07-114 CA-10 Approve an Agreement with William A. Freeman for the Property Located at 5012 Fairgrounds Drive, Mariposa County for Animal Control to House Abandoned, Lost and Owner Released Animals (Sheriff); Res. 07-107 2:29 p.m. Adjournment in memory of Rita Vanderburgh, Russell “Dude” Rhoan, Patricia Rickert, and Daniel A. Lazar. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board