Gran Jurado del Condado de Mariposa
2014-2015
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Hallazgos & Recomendaciones
11 hallazgos
F1:
The 1969 Board of Supervisors accepted the responsibility and liability of the P&E Trail System in the Lake Don Pedro Sub-Division.
F2:
State laws and regulations do not favor long term operation of a landfill within Mariposa County.
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R4:
The Board of Supervisors should not delay in any negotiations with a regional landfill for waste exportation. To do so could lead to the County paying excessive costs which may be avoidable by timely decision making.
F3:
The Compost Facility is inadequate for the waste stream the County produces. Investment in equipment and upgrades at both the Landfill and Compost Facility is needed to meet state mandates and to better serve the County.
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R3:
The Board of Supervisors should seriously consider investing in the conversion of the Compost Facility to a much more efficient MRF system as well as in a proper baling system.
F4:
Current conditions favor Mariposa County in negotiations regarding waste exportation.
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R4:
The Board of Supervisors should not delay in any negotiations with a regional landfill for waste exportation. To do so could lead to the County paying excessive costs which may be avoidable by timely decision making.
F5:
The newly hired DPW Director and the current SWRD Manager are well aware of, and thoroughly understand, the issues discussed in this report. Both are highly knowledgeable, experienced, and forward thinking in the field of solid waste management.
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R5:
The Board of Supervisors should place a high value on the expertise, ideas, plans, and recommendations proposed by the DPW Director and the SWRD Manager regarding the Landfill and Compost Facility. UPDATE At its May 12, 2015 meeting the Board of Supervisors approved a resolution authorizing the Department of Public Works to enter into a Lease/Purchase Agreement for a Baler and Conveyor System for use at the landfill. We applaud the Board for its approval of the purchase. We also commend DPW and SWRD staff for their continued efforts to improve the facilities at the Landfill. RESPONSES The Grand Jury requests responses to this report from the Board of Supervisors.
F6:
The GIS program used by the Agriculture Department is also used by the Public Works, Building, IT, and Planning Departments. Each department pays $500 per year for its use.
F7:
The Department currently has three vehicles, none of which is capable of transporting pesticides.
F9:
Creating an annual financial statement.
F10:
Assisting the Environmental Health Department, as needed, where food is sold or fuel leaks have occurred.
F11:
Receiving and resolving citizen and consumer complaints.
F12:
Conducting a continual weed abatement program. The current focus is on the control of the yellow-star thistle. FINDINGS 1. The Commissioner is the longest serving County employee at 35 years.
Recomendaciones adicionales
3
No vinculadas a hallazgos específicos.
R1:
Support the Interim Fire Chief as he continues to re- organize the County Fire Department.
R2:
Mandate periodic physical examinations and physical fitness certification as recommended by the County Health Officer. RESPONSES We require the Mariposa County Board of Supervisors respond to all findings and recommendations. Report on the Status of the Mariposa County Landfill and Compost Facility
R7:
MAY/ 7/2015 Alternative Daily Cover after composting. Trommel is in the top left corner. Close-up of ADC after composting 16 . Finished product of ADC Close-up of finished product of ADC Active working face of the Landfill requiring daily cover material
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Hallazgos & Recomendaciones
3 hallazgos
F1:
Administration/Economic Development (ID # 3766) Board of Supervisors July 8, 2014 Discussion and Direction Regarding Submission of Grant Application to Pacific Gas and Electric Company in the Amount of $5,000 Rick Benson/County Administrative Officer made the staff presentation; recommended applying this year for a grant to repair the clock; noted that we have a repair estimate on file of $3,000 to $4,000; cautioned that there is other work that will need to be done first; and noted that Tara Schiff has been in contact with PG and E, and is the point person on the issue. Supervisor Stetson required clarification of whether there will be a problem with the funds for the clock repair sitting, pending other repairs being made to the courthouse. Mr. Benson responded that this would be for a repair to the clock and not the clock tower, and noted that the clock repairs should be fairly quick. Tara Schiff/Community Development - Grant Coordinator responded that holding the money until it can be used is not an issue as it was done with the amphitheater lights. Supervisor Stetson required clarification of whether the clock repair had been included in the plans for, and cost of, the courthouse repair. Mr. Benson responded that the repair of the clock tower was included in those plans, and not the repair of the mechanism of the clock. Supervisor Stetson remarked that this would be a worthy project, and inquired if there might not be a project that could be done more quickly and would still be visible and useful. Mr. Benson responded that this project is merely a staff recommendation, but that it does fit the program parameters. Supervisor Bibby noted that the repair of the clock would definitely be a fixed product that both visitors and residents could see; remarked that she thinks it is a viable project, and it would be nice to get the clock up and running; and thinks that this project is a good fit. Supervisor Jones noted that his understanding regarding the courthouse is that the clock repair is a minor fix; and he remarked that he would like to see this proposal move forward. Supervisor Cann remarked that, in view of the fact that the Board has given the order to go forward with the courthouse exterior envelope repairs, it would be nice for the clock to be working. Supervisor Bibby required clarification as to how much more is needed for the lights and sound at the amphitheater. Ms. Schiff responded that no additional money is needed, and that they are in the process of purchasing the lights. Mr. Rei remarked that because the Board's decision was to go forward with the exterior repairs and not do the interior reorganization, it is possible to do the clock repair now as the weights are in storage and it is just a matter of getting some new cables made. No public input. Supervisor Jones moved that a grant application be submitted to fund the clock repair, with the remainder of the money going to grant administration and the Great River Cleanup. Chair Cann advised that this item has been agendized for Discussion and Direction, and noted that it will need to come back to the Board for action if there is consensus on the direction. Supervisor Jones withdrew his motion. RESULT: DIRECTION GIVEN 2. Public Works (ID # 3714) Provide Staff Direction Concerning Award of the Triangle Road Paving Contract to George Reed Inc. Peter Rei/Public Works Director gave the staff report; gave the history of the bidding process; and discussed an anticipated shortfall in the federal highway trust fund, the potential effects on payments to the state, and the potential consequences at the local level relative to the contract in question. 10:25 AM The sound system went down and Chair Cann called for a recess to allow the clerk to troubleshoot the issue. 10:37 AM Chair Cann reconvened the meeting. Board of Supervisors July 8, 2014 Mr. Rei discussed timelines, noting that the first pay request from the contractor would most likely be received in the middle of August and probably won't be very large as not much work is anticipated to be accomplished at that point; noted that the September pay request is anticipated to be fairly significant as the paving will be underway; remarked that reimbursement will most likely take six to eight weeks; and cautiously recommended awarding the contract. Mr. Rei also noted that there is a time slot that they would like to meet as the contractor has held the price even though they were not obligated to do so beyond June 30th; and noted that the contractor has a window and a crew ready and can start working as long as the County can award it to them before July 21st, but that they have other commitments if the award is beyond the 21st. Supervisor Cann and Mr. Rei discussed expectations relative to a federal highway bill; and concluded that it is reasonable to assume that existing projects will eventually get paid. Supervisor Cann noted that this will be a huge topic at the National Association of Counties (NACo) Conference which he will be attending starting on Thursday. Mr. Rei remarked that he has looked at NACo's agenda; stated that he suspects that the issue will be resolved; noted that he will need direction on who will award the contract; and remarked that he doesn't think there will be much exposure until October 1st, but that he expects there to be a solution by then. Supervisor Jones concurred with going ahead with the contract, noting that he thinks the price of oil will be going up dramatically in the near future; and inquired if there have been any communications with George Reed. Gary Taylor/Assistant Director of Public Works-Public Works responded, noting that he spoke with George Reed this morning and was told that they have another window and could start earlier than they had previously told him. Supervisor Jones clarified that he was inquiring if Public Works had spoken to them about the payments to them. Mr. Rei responded, noting that they have not had that discussion because, under state law, there are strict rules and timelines regarding payments. Supervisor Bibby inquired if the CAO could provide a rough estimate of what the fund balance will be. Rick Benson responded, noting that the fund balance has not yet been determined, but that his assumption is that it will be approximately the same as last year. Supervisor Bibby inquired if there have been any discussions regarding a potential shortfall amount. Mr. Benson noted that at the present time the balance is not balanced and that he has to meet with some of the departments. Mr. Benson required clarification from Mr. Rei of the reimbursement percentages. Mr. Rei referred to the letter from Malcolm Dougherty, and read language regarding the amount of reimbursement for each state; stated that California will get a proportionate share based on what it would normally get; and remarked that there is an estimate of seventy percent for that share. Mr. Rei and Mr. Benson discussed state and federal parameters. Mr. Taylor noted that he has worked with George Reed on a number of projects and, generally, they bill once in a month near the end of the month, which would put the first bill at the end of August. Supervisor Bibby remarked that we may have to lobby to have the funds released as the amount for Mariposa is small in relation to other federal highway administration projects; and noted that the County has several contracts for which it must release funds incrementally which may cause us to be scrambling later, but urged proceeding with this contract especially when factoring in the oil prices and the fact that we are so close to getting it done. Mr. Rei noted that the alternative of not awarding it is problematic, as the contractor would not have to honor the bid, and the Cap and Trade tax, which will go into place on oil and fuel on January 1st, is expected to significantly increase costs. Mr. Rei noted that the other advantage of finishing this project is that we will be finishing that entire program. Supervisor Cann noted that the Rural County Representatives of California (RCRC) has been working on preventing cuts in 1B monies to counties with populations of less than 50,000. Mr. Benson noted that the most the County would be responsible for is $110,100, based upon thirty percent of $367,000. No public input. Chair Cann noted that there is board consensus with Mr. Rei awarding the bid. Board of Supervisors July 8, 2014 RESULT: DIRECTION GIVEN 3. Public Works RES-2014-336 Approve the Purchase of a New Updated Automated Weather Observing System (AWOS) for the Mariposa/Yosemite Airport Peter Rei gave the staff report. Supervisor Bibby required clarification that the Airport Advisory Board supports this item. Mr. Rei affirmed. No public input. RESULT: ADOPTED [UNANIMOUS] MOVER: Merlin Jones, District II Supervisor SECONDER: John Carrier, District V Supervisor AYES: Stetson, Jones, Bibby, Cann, Carrier 4. Public Works (ID # 3753) Discussion and Staff Direction Concerning the Use of Volunteers to Staff the Airport Terminal Peter Rei made the staff report noting that the Airport Advisory Committee (AAC) is recommending this action, but that staff is guarded and not providing a recommendation. Supervisor Cann required clarification of the risks of using volunteers, and the risks should a volunteer not show up on an assigned day. Mr. Rei responded that the risks vary depending on the individual and their perceived role; remarked that he thinks that the County will most likely have to have a significant involvement in the decision making; and noted that his concern is managing the County's liability. Supervisor Cann inquired if it would be better to consider a presentation after some of the logistics and liability issues have been worked out. Mr. Rei responded that it would be possible; and noted that there have not yet been discussions on that level with the AAC. Supervisor Bibby required clarification of whether there have been anymore discussions regarding having County Fire move to the airport. Mr. Rei noted that he is open to the idea, but is deferring to the CAO as it is more of a budget question; and noted that he thinks it is a viable solution Monday through Friday, from 9:00 AM to 5:00 PM. Supervisor Jones noted that his understanding is that the Fire Department's current lease has a termination clause. Steven W. Dahlem/County Counsel noted that there is an early termination clause, which he believes to be sixty days. Supervisor Jones urged the Board to consider that option. Mr. Rei noted that federal law requires charging the market rate. Supervisor Jones discussed problems with volunteers; and noted that he would like to see the AAC come back with an exact proposal for the board to consider. Supervisor Carrier remarked that there are too many life and safety risks for which the County can be held accountable; discussed his reservations relative to compliance and record keeping; noted that he envisions difficulty with consistency in two to three years; remarked that he thinks this may be a good short term solution, but that a long-term one is still needed; and stated that he is leaning cautiously away from this. Mr. Rei noted that he has been focused on the potential fixed base operators (FBOs,) but could bring back a discussion regarding moving County Fire out to the airport if it is the Board's desire. Supervisor Bibby discussed the need for in depth training for any volunteers; noted that stationing the county fire department out there allows the County to reinvest monies into the airport; and noted that if the item is brought back, she would like it to address the issues of training, scheduling, certification, etc. Supervisor Cann required clarification that Public Works is still moving forward with the FBO. Mr. Rei affirmed and discussed same, and noted that another option is the fire Board of Supervisors July 8, 2014 department; agreed that having someone already related to safety out there makes sense; and discussed the recent accident at the airport. Supervisor Cann inquired if an FBO is precluded should the fire department headquarters move to the airport. Mr. Rei responded, noting that it would depend on the FBO; and remarked that he doesn't think an FBO is economically viable there. Supervisor Jones noted that none of the potential FBOs object to the fire department being at the airport, and urged its move there. Mr. Rei noted that a small trailer might be needed. Supervisor Jones noted that a small office space might be sufficient. Public comment opened. Bob Woods/hangar owner discussed the history of the volunteers at the airport; recounted that a group of volunteers kept the airport open for the period between when the live-in manager retired and KMPI took over; noted that it was getting difficult to fill all of the open positions after six months; and remarked that thinks that it can work for a short time. Ruth Sellers noted that she has served on the AAC for 2 and a half years; remarked that she is glad Mr. Woods spoke because it had been her understanding that the volunteers had done a great job at the airport; and remarked that she thinks that the reason the volunteer option was discussed is because airport users have reported that things are not going well there. She also discussed the search for an FBO; noted that there are only three interested potential FBOs; and urged the Board to decide whether it wants any of them. Keith Williams/Registrar of Voters discussed his concerns relative to the airport's use as a polling location for the Mt. Bullion precinct, noting that they are not supposed to share the locations with anyone. Supervisor Cann noted that a number of the fire stations are polling places. Mr. Williams responded that there is not usually anyone at the fire stations when they use them, and this would be an issue of an office being there. Supervisor Carrier and Mr. Williams discussed use of other areas as potential polling places. Mr. Williams discussed ADA issues, and noted that he can go and re-measure. Supervisor Carrier inquired if accommodations can be made to work it out. Mr. Rei noted that his department can work with Elections on the issue. Kris Casto urged requesting a proposal and structure for the volunteers. Ruth Sellers noted that it was her understanding that if the fire department came out, they would be using only a part of the terminal. Public comment closed. Supervisor Bibby discussed past issues with the live-in manager and IRS reporting requirements regarding free rent. She also discussed issues and complaints the last time volunteers were used. Supervisor Jones noted that this has taken awhile, but that a decision can't be made until a final offer is received. Mr. Rei affirmed, and noted that is particularly true in regard to how fuel issues will be handled. Chair Cann inquired if it is the consensus of the Board that he move forward with talking to the AAC about a more structured volunteer proposal, while continuing with the FBO interactions. Mr. Rei responded that his intention, at this point, is to contact Mr. Darcy and request that they prepare such a proposal; that he will continue to work with the three parties interested in an FBO; and that he will work on the consideration of the fire department moving there. Supervisor Bibby noted that she wants to explore the fire department being stationed at the airport, but is concerned by the new information that it may pose a problem to it being used as a polling place. Mr. Rei noted that he can work with Mr. Williams on the polling place issue. Supervisor Bibby remarked that the fire station should be ADA compliant anyway. Supervisor Carrier noted that he would like Mr. Rei to clearly communicate to the potential FBO operators with a firm deadline, and then come back right after that with an agenda item that lists the four or five options that we have so that the Board can discuss it, make a decision, and move forward. RESULT: DIRECTION GIVEN 11:30 AM Tracy Gauthier/Deputy Clerk of the Board substituted in as the clerk. Board of Supervisors July 8, 2014 5. Board of Supervisors RES-2014-337 Approve the Separation of the Clerk of the Board, and Board Staff, from the County Administrative Office and Place Them Temporarily Under the Board of Supervisors; Provide Direction as to Long-Term Placement in the County Organization; and Direct Staff to Come Back with the Legislative Actions Necessary to Implement the Changes (Supervisors Bibby and Jones) Chair Cann noted Supervisors Bibby and Jones as the liaisons for this item. Supervisor Jones noted that this item was requested to be brought before the Board and commented about recently obtaining a more extensive knowledge on the Clerk of the Board’s (COB) responsibilities. He clarified that this issue raises financial risk to the County and referenced the County Administrative Officer (CAO) job description, and noted that over time some tasks have gradually changed and evolved to new and other departments. René LaRoche, COB, discussed her supporting memo and clarified the action and direction being requested also includes the discussion of acquiring all or most of the Office Assistant II (OAII) position or an allotment of another such position, under the Clerk of the Board. She stated that she brought this item to Supervisors Bibby and Jones, as the Government Liaisons, only after a year of research and consideration which was all prefaced on the question of why the state required her to file a Form 700. She provided the background of her research, noted public communications from Jim Allen and Ruth Catalan, and noted corrections to the CAO’s memo. She discussed her concerns of being personally liable, the County’s non-compliance with county, state and federal regulations, and the inequity of this solitary position, and provided 4 options and explained the pros and cons of each option. She requested the Board approve the separation of the Clerk of the Board and the Board staff, and as previously noted would include the OAII position, from the County Administrative Office and place them solely under the Board of Supervisors, provide direction as to long-term placement in the County organization, and direct the appropriate staff to come back with legislative actions necessary to implement the changes. Supervisor Jones noted the diligence of the Clerk of the Board in putting this item together and providing the education regarding the COB position. Supervisor Bibby noted that the option should be what is best for Mariposa County, and noted that a COB as a department head conveys that it stands alone and cannot be swayed by the Board, and referenced the recent separation of the Human Resources/Risk Management department for an independent decision making department due to liability of signing documents, and to have one dedicated person aware of all functions and responsibilities of that department. She noted the importance of having an independent COB to create checks and balances and as a neutral party. She remarked that the amount of responsibility of the COB position should not be left under the CAO position and that, for the overall operation, a stand-alone COB is necessary. Rick Benson, CAO, stated the Board was just presented with a whole lot of information, codes, etc., most of which are not relevant. He provided an overview of his memo to the BOS and stated there is possibly one item within the County’s ordinance that could be cleaned up with better language and keep the structure as it is now, and stated that it will create problems to separate the COB function. He noted that relative to HR, it is recognized that it is a time consuming operation and that it needed to be moved to independent status. He stated that he understands the operation of the COB and has been blessed twice with capable people in that position. He recommended that the Board take no action, as there are no problems and it doesn't need to be fixed. Steve Dahlem, County Counsel, spoke on the legal issues, advised that there is a fair argument that there is a legal impediment existing relevant to the current structure and in Board of Supervisors July 8, 2014 his opinion the COB is a County Officer. He then stated that under Government Code, when the Board does establish a separate office, the COB shall be appointed in the same manner as “other county officers.” He noted a discussion he had with the CAO, in that the County code that was referenced states that the CAO is not vested with any “right, duty, or responsibility which is statutorily conferred on any other officer,” and noted that this is a legal impediment; but that as the CAO indicates, the Board created that ordinance and, therefore, can also change it. He referenced Government Code 25303 that states the BOS “shall supervise the official conduct of county officers”, and advised that the Board needs to recognize this as it appears to be a problem. Supervisor Bibby stated the BOS does supervise the actions of all appointed department heads, and referenced problems regarding noticing, in which the COB researched and presented legal evidence to clarify the discrepancies. She stated that the COB position is needed as a checks and balance, and that this is also the position that will be held legally responsible. She discussed a smoother operation if separated, constant new laws to be researched, the importance of COB trainings, and referenced an item from 2004 in which she supported keeping the COB department independent. She also noted the new Deputy CAO will require a significant amount of time from the CAO to bring her up to speed. She spoke in favor of the separation and emphasized the COB duties, tasks, and responsibilities. She then noted Mariposa County should move forward as other counties have, discussed the inevitable growth of the COB department, and recommended making the COB a department head. Supervisor Carrier requested clarification of County Counsel as to what a possible solution would be, and asked if the County is currently compliant with federal, state, and county laws. County Counsel responded and advised that Mariposa County is not compliant, but that this could be remedied by amending county code to read that the CAO has the responsibility to supervise another county officer; and advised that a solution to Government Code 25303, which states that the Board will supervise the conduct of all county officers, would be to appoint the CAO as the COB, and have the COB as the Chief Clerk. Discussion was held relative to changing language that certain duties can be delegated. The CAO responded that nothing has changed in the hierarchy since 2004 other than new laws. The COB responded that nothing has changed, and stated that this was also an issue with the previous COB and contributed to her decision to retire. Discussion was held relative to personal liability being a specific problem, confidential information, how requested possible wrong doings were handled, and the suggested removal of ambiguity in respect to the previous COB’s interpretation. Supervisor Cann noted that for 3 1/2 years he was unaware that the COB worked for the CAO until she revealed that she wanted to retire, and advised that he believes that the COB operated independently approximately 98% of the time. He stated his support of the separation and that in his mind the position has been seriously abused with Saturday meetings and long meetings, and it is wrong not to compensate for it. Supervisor Bibby brought up additional concerns regarding the COB’s overtime being recommended to be taken in comp time due to budget constraints, CAO time spent on committees, calls received from the public stating they were uncomfortable voting on certain items such as the CSA because they were written by the CAO and he supervises the COB who counts the ballots, and the availability of the CAO with the additional workload if the positions are combined. Supervisor Carrier discussed possible fiscal savings if any, COB availability, and Personnel time needed to rewrite job descriptions. Supervisor Jones expressed concerns and provided incidents and examples in support of the separation. He noted his research of counties that combined the CAO and COB positions relative to information being filtered away from the Board, and having shorter and fewer meetings; He does not support combining the positions. He also discussed the necessity of knowledge of regulations and laws, and referred to the current COB and her willingness to gain more knowledge on her own. He stated that all of the Board of Supervisors July 8, 2014 officers are not being treated equally. He also stated he sees the CAO and COB working well together as separate departments. Public Comment Open. Ruth Catalan expressed concern regarding the County being out of compliance and stated that should be taken care of first. Marshall Long spoke in favor of the separation, noting that an independent COB provides a greater accountability. Public Comment Closed. The CAO stated that he is hearing a record of success, and noted an example where the COB came to the CAO and County Counsel and said they were both incorrect relative to the COB attendance in closed sessions. County Counsel clarified that it was the CAO who was incorrect, and that he had been in agreement with the COB. Supervisor Bibby noted another example of misguidance relative to a committee meeting that she didn’t attend because noticing was not done correctly. She stated there are other examples that go back to prior CAO’s. Supervisor Jones moved to approve the separation of the Clerk of the Board and the Board staff, and place them solely under the Board of Supervisors, provide direction as to long-term placement in the County organization, and direct the appropriate staff to come back with legislative actions necessary to implement the changes, the motion was seconded by Supervisor Bibby with clarification that the item would include discussion of moving the OAII position to the COB’s staff. Supervisor Jones affirmed. Chair Cann called for the vote, and the motion passed. RESULT: ADOPTED [3 TO 2] MOVER: Merlin Jones, District II Supervisor SECONDER: Janet Bibby, District III Supervisor AYES: Merlin Jones, Janet Bibby, Kevin Cann NAYS: Lee Stetson, John Carrier I. Lunch 1:00 PM Chair Cann announced that agenda item H6 will follow the TOT item, and then recessed for lunch. J. 2:00 PM Reconvene 2:07 PM Chair Cann reconvened the meeting, with René LaRoche as clerk.
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R1:
Human Resources/Risk Management (ID # 3982) CLOSED SESSION: Public Employee Employment Title or Position to be Filled: (Government Code Section 54957 (B) (1); Fire Chief No Board of public input. RESULT: CLOSED SESSION HELD J. Continue Meeting to August 27, 2014 at 9:00 AM 2:48 PM Chair Cann continued the budget hearing and the meeting to August 27, 2014, at 9:00 AM, in memory of Margaret Robinson. Respectfully submitted, RENÉ LaROCHE Clerk of the Board KEVIN CANN Chair, Board of Supervisors M C ARIPOSA OUNTY P.O. Box 784 Mariposa, CA 95338 (209) 966-3222 5100 Bullion Street http://www.mariposacounty.org/ KEVIN CANN, CHAIR DISTRICT IV MERLIN JONES, VICE-CHAIR DISTRICT II LEE STETSON DISTRICT I JANET BIBBY DISTRICT III JOHN CARRIER DISTRICT V MINUTES August 27, 2014 (Meeting Continued from August 26, 2014) A. Call to Order and Roll Call 9:03 AM Chair Cann called the continued meeting to order at the Mariposa County Government Center, noting that there was a quorum with all Board members present. Attendee Name Title Status Arrived Lee Stetson District I Supervisor Present 8:58 AM Merlin Jones District II Supervisor Present 8:58 AM Janet Bibby District III Supervisor Present 8:58 AM Kevin Cann District IV Supervisor Present 8:58 AM John Carrier District V Supervisor Present 8:58 AM B. Pledge of Allegiance 9:05 AM The Pledge was led by Supervisor Jones, followed by a moment of silence for our men and women in uniform across the world. Announcement 9:05 AM Chair Cann noted that County Counsel is absent from today's meeting, as he is attending to County business out of town. C. Regular Agenda Items
F2:
Public Works RES-2014-374 PUBLIC HEARING Regarding the Report of Delinquent Fees and Approval to Add Delinquent Fees to the Appropriate Property Tax Roll for Collection Peter Rei gave the staff presentation; gave an overview of the process; and recommended the requested action. Supervisor Jones inquired as to what happens if they do not pay after the five years, and whether the properties will go up for sale. CAO responded, noting that these amounts become part of the tax bill and are subject to all of the same rules and regulations, and would be subject to sale after five years. Supervisor Jones inquired if this is like the sewer bond issue in Don Pedro. Mr. Rei noted that it is not, but that there are some of the same properties. CAO noted that the difference is this does not have an accelerated covenant to foreclose, while the sewer assessment does. Supervisor Bibby inquired if anyone has challenged it. Mr. Rei noted that they received a number of responses back; that the number on this list is less than the initial amount of people; and that some people will pay and some don't. Supervisor Bibby noted a large charge for Coulterville Holdings, and requested background information. Supervisor Jones and Mr. Rei noted that they would get that information to her. Supervisor Carrier required clarification of today’s action. Mr. Rei responded that this is the public hearing to receive comments as required by law; and at the end of this Board of Supervisors July 22, 2014 hearing the Board would, if it so chooses, be directing this to be done. No public input. RESULT: ADOPTED [UNANIMOUS] MOVER: Merlin Jones, District II Supervisor SECONDER: Lee Stetson, District I Supervisor AYES: Stetson, Jones, Bibby, Cann, Carrier 3. Public Works RES-2014-375 Approve a Program Agreement for the Darrah Road Bridge Over the Chowchilla River Bridge Project No. BRLO 5940(004), and Authorize the Public Works Director to Sign the Agreement; Approve Budget Action Reducing General Fund Contingency by $66,000 for the County Match, and Increasing Revenue and Appropriations in the Bridge Replacement Fund to Account for the Federal Funding and County Match ($239,905) 4/5ths Vote Required Chair Cann noted that the action today is only to sign the agreement, and that Public Works has requested elimination of the language regarding approving the budget action as it won't be necessary. Peter Rei gave the staff report. He advised that this item was originally brought to the board on June 17, 2014, at which time board members expressed concern about the amount of county matching funds needed for this project, particularly the match for the construction phase; noted that staff has rethought the budget and that they are now proposing that the $66,000 be included in the Public Works 2014-2015 Fiscal Year Engineering budget submittal; and noted that the funds will come from salary savings from a couple of unexpected retirements that are coming up, with at least one of the positions not being rehired. He also noted that the construction phase match will require a separate action of the Local Transportation Commission to resolve; advised that there will be a $400,000 match, as calculated at twenty percent of a two million dollar project; and advised that we will also have to pay twenty percent towards the construction engineering and testing as well, which will bring the total amount to $432,000. Gary Taylor/Assistant Director of Public Works-Public Works noted that the project was first looked at as being a rehabilitation project, but that Caltrans granted a replacement as their chosen alternative after a feasibility study. Mr. Taylor then gave a PowerPoint overview of the process noting that they have a request for authorization for $315,000 plus another $15,000 for right-of- way; that this project is under a program from the early 1990s that required an 80/20 split; noted that, under this program, the project is supposed to be completed within twenty years but that it has not been completed; noted that, in response to a request from Public Works, Caltrans has granted an extension of the deadline to complete the plans, specifications, and estimates (PS&E) to September 1, 2017; has granted more money for the preliminary engineering; and advised that construction would occur in Fiscal Year 2017-2018, or beyond. Mr. Taylor presented a cash flow forecast, showing what the consultant is expected to charge; and discussed a funding and budget summary, noting that the $66,000 match for the PS&E phase will be coming from the Public Works Fiscal Year 2014-2015 budget with $264,000 coming from Caltrans as their 80% match. Mr. Taylor also noted that there currently is no approval for the E76 right-of-way services, and that Caltrans requested it not be added in with the preliminary engineering; but, that it will be requested in the next year once the design has proceeded far enough, and once the environmental has been completed. Mr. Taylor also advised that a lot of environmental Board of Supervisors July 22, 2014 work had previously been done, but that new studies need to be done to update the information on file; and that this contract includes all of the environmental services needed to get permitted. Mr. Rei explained that they will have to request the funding be moved at each phase; that so far they have requested money for the preliminary plans and specifications; explained that one slide shows funds that have been requested, while the other one shows requests that need to be made; noted that this totals $505,000 in additional county resources, with the $434,000 being proposed to come out of the RTIP. Mr. Rei also discussed that 1.678 million dollars has been programmed, but not requested; noted that it would most likely be approved on the state level; noted that a summary of accidents on the bridge, or within a quarter of a mile of it, shows that there were six accidents over the last 5 years, with 3 being injury accidents; remarked that an extension can be obtained if you have one thousand dollars that you can bill; discussed that there is an agenda item prepared for an agreement with CH2MHill but that it can't be brought forward until this is approved; and expressed his confidence that we can get this done. Supervisor Cann inquired if there was any data regarding the amount of traffic on this road relative to other county roads. Mr. Rei responded that he didn't bring that data, but that he would be surprised if it isn't one of the highest used segments of roadway in the county. Supervisor Carrier and Mr. Rei discussed whether there were posted speed limits approaching the bridge, what the different colors of sign indicate, and the effects of basic speed laws. Mr. Rei noted that he would need to do a traffic study to determine that the speeds of travel in that area are at least 55 mph before signs could be changed from the yellow advisory signs to white speed limits. Supervisor Carrier inquired if Mr. Rei informed anyone outside of Public Works when they were notified that the project was in jeopardy of not meeting its deadline; and expressed his concerns that Public Works is already overtasked. Mr. Rei responded that they did not notify anyone else because issues that arise on selected projects are typically handled within the department. He also noted that he became alarmed because of the twenty year requirement and that he felt it was his obligation, as the Public Works Director, to do what he could to salvage the project, which is what they did. Regarding the workload issue, Mr. Rei responded that a contract with CH2MHill is scheduled for the August 5th meeting and that, if approved, the consultant will take 99 percent of the workload from this point to the conclusion of the environmental document, and the plans and specifications; that very little staff time will be needed until such time as they need to speak to property owners about acquiring right-of-ways which is a good year and a half, to two years, out; noted that the real staff time will be needed when this goes out to bid; remarked that he thinks they are able to manage this project at this time; noted that he is comfortable with this funding source; and stated that he thinks this is a good way to get a huge amount of federal dollars back into the county. Supervisor Carrier remarked on the project needing to be started by September 1, 2017, and inquired when it would need to be completed. Mr. Rei responded that they did not provide a date but, typically, it goes out 10 years. Supervisor Carrier required clarification of whether the extension requested at the end of the twenty year timeline was for another 10 years. Mr. Rei responded that the extension was for 3 years to complete the design, to complete the right-of-way, and to put it out to bid. Supervisor Carrier inquired if another extension would be requested for the construction part. Mr. Rei explained that the construction has no date on it, and the only reason there would become a date is when you actually program the money. Mr. Rei also noted that if the LTC decides to use the RTIP money, and if the California Transportation Commission (CTC) approved it, it would put it into a particular fiscal year which would be the first time there was a restriction on when construction would have to happen. Mr. Rei further explained that he is proposing asking for that money in either the 2016-17, or 2017-18, fiscal year. Supervisor Carrier remarked on the need to go through a new environmental review and noted that if the CTC doesn't approve this in August, then we'll have to wait another year until December, 2015, to Board of Supervisors July 22, 2014 resubmit. Mr. Rei noted that, assuming an LTC action in early August, they would put it on the next available CTC agenda which would probably be September or October which then sets up the match; and that when the preliminary engineering was complete, trips to the CTC and Caltrans would be necessary to turn programming into hard dollars. Supervisor Cann required clarification of why staff would do the construction inspection rather than contract with a firm. Mr. Rei noted it could be done either way; that Bill McKenzie did one in Tuolumne but is retiring; and noted people expressing interest in providing those services. Supervisor Bibby required clarification that it has not been planned that Mr. McKenzie will retire and be rehired back. Mr. Rei noted that it is only an option being contemplated; but will comply with standard procedures. Supervisor Bibby inquired if this would jeopardize any other projects on the RTIP. Mr. Rei responded that it will not. Supervisor Bibby discussed with Mr. Rei that this project didn't follow the normal process because the Board never formally approved a replacement versus a rehab. Mr. Rei discussed that an advantage to a replacement is that Fish and Game will look at it favorably as it will remove a pier from the river. Supervisor Bibby reiterated that the Board the choice of a replacement bridge over rehabilitation. Mr. Rei noted that his goal for next year is to have a capital improvement program to show projects and timelines. Supervisor Bibby discussed problems with capital improvement funds, noting that they work fine when there is money; and stressed that anything that is going to commit additional money, or shift RTIP money, needs to go to the board in advance. Supervisor Bibby and Mr. Rei discussed approximate costs. Supervisor Bibby stressed the need for open competition for all projects and jobs. Supervisor Cann noted that every bridge he has ever done escalated in cost, and inquired if the RTIP can be modified if the amount grows. Mr. Rei responded affirmatively, providing that it is done in the fiscal year prior to the work being done. Supervisor Stetson inquired if it would have been extended if the $1,000 was expended. Mr. Rei responded that it possibly would have, but that they had already billed and there hasn't been enough done since then. Supervisor Cann remarked that we can live with the program that was proposed. Mr. Rei responded, noting that it needs to be approved, and that it will go inactive if it is not approved. Supervisor Bibby required clarification that the right-of-way amount is not going to be more than $5,000. Mr. Rei noted that, typically, that it is further out and gets defined as the project gets designed, but that he has had preliminary discussions with the landowner and there were no indications that there would be a problem. Supervisor Bibby discussed issues with the Mt. Bullion Road. Supervisor Jones inquired if there was anything budgeted for right-of-way. Mr. Rei responded that the federal process requires a preliminary design first, so we don't budget it. Supervisor Jones and Mr. Rei discussed the right-of-way acquisition process. Supervisor Carrier urged Mr. Rei to check with HR and County Counsel regarding hiring a retired annuitant, as offers cannot be made before retirement. Mr. Rei responded that it hasn't been discussed with him, and no deal has been made; that it was an example. Public comment opened. Marshall Long wondered how he knows the employee is interested in coming back without having discussed it; and urged following all laws and doing it right. Public comment closed. Supervisor Jones moved the item as presented. Supervisor Stetson seconded the motion and requested clarification that the budget action is not part of the action. Chair Cann affirmed, and inquired if that was also recognized by the motion maker. Supervisor Jones affirmed. Supervisor Bibby noted that she would be against this if Mr. Rei hadn't already gotten the extension; stressed the need for Board approval in the future when changing Board of Supervisors July 22, 2014 projects from a rehab to a replacement; and voiced her concerns with using retiring employees, noting that it has to come through County Counsel. Chair Cann called the vote. The Motion passed 4-1; Supervisor Carrier opposed. RESULT: ADOPTED [4 TO 1] MOVER: Merlin Jones, District II Supervisor SECONDER: Lee Stetson, District I Supervisor AYES: Lee Stetson, Merlin Jones, Janet Bibby, Kevin Cann NAYS: John Carrier 4. Administration RES-2014-376 Adopt a Resolution Repealing the 2008 County Service Area #3 Assessment and Providing Relief for Properties Not Charged Under the Prior Assessment Rick Benson gave the staff report, and recommended that the Board adopt the resolution. Supervisor Jones inquired if the firm that did the CSA3 has advised on this issue. Rick Benson responded that the engineering firm and legal advisors have discussed the matter, and that the legal firm wrote the resolution. Supervisor Jones required clarification that they have all come to the conclusion that these properties do not have to pay the back fees. Mr. Benson responded, noting that that decision is up to the Board, but that they are strongly recommending that it would be improper to penalize them since it was the County’s fault that they were missed in the past. Supervisor Bibby required clarification that this relief is only for those that did not pay because the County missed sending a bill to them, and that those who paid will get credit. Supervisor Cann added that he would also like to know how many were missed. Supervisor Stetson noted that he would also like to know if those who were missed in the past have all been notified that they were missed, that their fees have been forgiven, and that they will be charged the fee going forward. CAO responded, noting: that he believes the number of parcels missed was about 140; that the people who were missed in the past, did receive ballots during the last process which notified that if it passed they would be charged the $80 in the future; that we have not sent a specific letter that they were missed in the past and that they are going to be charged in the future; that we could send a follow up letter to them explaining that they will be charged; and that most of the properties that were missed were in a unique category where they have a possessory interest on land owned by the Federal Government. Supervisor Stetson inquired if this is El Portal, and the CAO affirmed. Supervisor Stetson noted that he would like that letter sent to each of the residents missed in the past, and would like to add that as Board direction. Supervisor Stetson also inquired if the lands in El Portal that are government housing, like Rancheria, are charged the CSA fee. CAO responded that he was not familiar with those properties so could not answer. Supervisor Cann remarked that the people who live in those houses pay the possessory use tax to the County as a property tax substitute. Public comment opened. Marshall Long noted that the 140 assessments that were not collected represent $11,200, and questioned if it would not be a gift of County funds to forgive them; and inquired if it is fair to those who have paid it. Public comment closed. Supervisor Bibby required clarification of how this would not be a gift of public funds. County Counsel responded that in order to be a gift of public funds there would have to be no public benefit; that in this case the resolution states that because the Board of Supervisors July 22, 2014 County was responsible for not billing these individuals since 2008, it would impose an undue hardship on them to receive a lump sum bill for the period of 2008 to 2014-15; and that he believes that it is a public benefit to recognize that it would be unduly hard on those individuals to receive a bill for past years for which they had no notice. Supervisor Bibby noted that most vendors, including CAL FIRE, say that just because you don't receive a bill doesn't mean that you don't owe it, and inquired if a payment plan could be set up; noted that some people didn't receive a ballot but were still billed; and remarked that she is not quite sure why you can't go back, especially since they got to vote this time. The CAO responded that it is his understanding that the County would only be able to go back three years; reiterated that they did not receive a ballot and remarked that he did not know what legal issues might present in such an instance; noted that the County didn't know they existed and didn't charge them, and that it is legally responsible to not charge them now, but that it is up to the Board; and noted that the budget was built without these parcels being part of the overall cost calculations. Supervisor Bibby discussed whether the overall $80 per parcel amount is affected since the previously unknown parcels were not factored in; noted that she doesn't believe that is the case since the consultants would have picked it up; and requested assurance that this has all been vetted through the consultants and that they recommended that the amounts be forgiven and that there was no way to collect. Supervisor Cann discussed the CSA process; and noted that the ability to back charge looks legally shaky to him. CAO noted that the cloudy legal issues are the foundation of the staff recommendation; that it also does not seem appropriate to charge people on something they were never notified of, nor allowed to vote upon; and that the recommendation was built upon discussions with outside counsel and the outside engineering firm. Supervisor Bibby inquired if they are paying the SRA fees since there appears to be a problem with the assessment roll. Supervisor Stetson responded that the El Portal residents are being assessed the SRA funds. Supervisor Bibby requested that the CAO verify that, because it needs to be corrected if it is wrong. Chair Cann noted that the SRA is not the issue today and is something that the CAO can check separately. Supervisor Jones noted that he hopes everyone has learned to hire professional firms to make sure things are done correctly, rather than do them in-house Supervisor Bibby inquired if there is a deadline. The CAO responded that the Board has already taken an action to put the new charge on the property tax rolls, and this is just a cleanup action. The action was moved by Supervisor Jones and seconded by Supervisor Stetson. Supervisor Bibby discussed the need to look at other possessory interests in the County to make sure that no one is missed in the future. Chair Cann called for the vote. The motion passed 4-1, with Supervisor Carrier opposed. RESULT: ADOPTED [4 TO 1] MOVER: Merlin Jones, District II Supervisor SECONDER: Lee Stetson, District I Supervisor AYES: Lee Stetson, Merlin Jones, Janet Bibby, Kevin Cann NAYS: John Carrier 5. Administration (ID # 3820) Approve New Compensation Schedule for Department Heads Effective July 1, 2014 Rick Benson gave the staff report; discussed some of the study figures; noted that he is recommending the salaries in the green column; discussed the drop of the Technical Services Director, and the adjustment up for the Treasurer/Tax Collector/Clerk and Ag Board of Supervisors July 22, 2014 Commissioner to 67%; and noted that the Community Services Director is an unusual position, and that comparable data for that position is not available. Mr. Benson noted: that he has deviated from some of recommendations based on some recent salary adjustments; that his recommendations are based on Board precedent and the Sheriff's recent salary as a base, and would take effect on July 1, 2014, and July 1, 2015; that he has received varied feedback from the department heads on the issue; that he feels this is reasonable and addresses the problem of attracting people to the County; that the Sheriff's figures are not included in the total cost as the Board has already taken that action, and that nothing done today will affect the action previously taken regarding the Sheriff; that the General Fund portion of the overall cost increase would be approximately $87,000; that this should address internal equitability issues; that they have been building the budget for the upcoming year with these figures taken into consideration, and that they are very close to having a balanced budget for the upcoming year using these numbers; and that it has been over five years since the department heads received a raise. Supervisor Bibby required clarification that the recommended figures have been built into the Fiscal Year 2014-2015 budget. CAO responded that the $87,000 increase in the General Fund was built in to the recommended budget which is very close to being balanced. Supervisor Bibby noted that this would be the source of the money for this year only; and expressed her concern with programming ongoing costs with one-time funding. CAO responded that this would become a basis of what the budget is built upon; and noted that department head salaries are a cost of doing business. Supervisor Bibby noted that they are, but that we usually identify the ongoing funding source. Supervisor Jones inquired if half of the department heads are happy with it. CAO responded, noting that he thinks a large majority of the department heads are in favor of moving forward and feel that compensation needs to be addressed at this time; and that some provided feedback that it should be more, some think it is alright as it is, and some feel that the timing is wrong. Supervisor Jones noted that the Building Department is an Enterprise Fund, and required clarification of potential effects on that department should its director be given a raise. CAO responded that it will have affect that budget as it also gets some General Fund monies; and noted that he received an email this morning from the Building Department Director expressing concern as to how such an increase would be covered within his budget. Supervisor Jones required clarification of how it would be covered. CAO responded that we would have to find another way within that budget, and that the General Fund contribution would have to go up; discussed that when he calculated the General Fund cost, he counted the Building Department as if the entire increase would be covered by the General Fund; and remarked that he hopes we would be able to recover some of that from the Enterprise Fund. Supervisor Jones remarked that department head salary increases will come up during union negotiations and will end up costing the County quite a bit more. CAO responded that there will be negotiations; noted that the Board has already given modest increases to the rank and file; noted that many of the department heads are more underpaid than the rank and file; and noted that some of the positions within the rank and file are above the norm, but none of the department heads are. Supervisor Jones inquired if consideration had been given to splitting increases equally over several years. CAO noted that he was trying to get this reset so that the internal equity was back in place in the first year, and then move forward from there. Supervisor Jones inquired if there was any problem with utilizing an equal amount each year. CAO responded that the Board can do anything that it wants. Supervisor Jones discussed equal increases over time, noting that the benefit would be that costs would be divided up equally as well. CAO noted that if you did it equally it would be $72,000 each year versus $79,600 right now; remarked that there are a lot of ways to achieve it; and noted that he was trying to address the internal equity as soon as possible. Supervisor Jones noted that the department heads that he spoke with would also entertain a three year plan; and that he would like to see everyone treated equally from the first to second years. Supervisor Bibby suggested just looking at a 2% increase to all of the department heads, then revisiting this at midyear next year when the new Board is in place and when more is known about the County's financial status. She also noted: that the Board just Board of Supervisors July 22, 2014 forgave $33,600 for the CSA; that there are replacement costs for the fire trucks; and that she had requested Fund Balances last week and that they were not available, yet they are now being built in to the budget for this item. Public comment opened. Ruth Catalan read into the record the email that she sent urging against the action. Public comment closed. Supervisor Cann noted: that the other counties in the salary survey area have a cost of living that is about 16% higher than ours; that the CAO says the funds for these increases are covered in the budget, but since a proposed budget is unavailable he doesn't know if something else has been cut to fund this; that he believes we have outstanding department heads; remarked that the proposed salaries still remain, on average, about ten percent below those other counties which seems to account for that cost of living difference; noted that he really does appreciate the work our department heads do for the County; and stated that he would be willing to consider this during or after the budget process, but is not willing to approve it before then. Supervisor Carrier discussed a 2006 policy that based salaries on percentages tiered off of the CAO's salary; noted that the 2009 Board deviated from that system to recruit for a Public Works Director, and that salaries have been addressed individually since then which has caused the current inequities; noted his understanding that the first year is the CAO's attempt to make those corrections; noted that salary will keep coming up every time a recruitment is necessary; remarked that they would be going into this blind without seeing the proposed budget, or knowing the Fund Balances; stated that he would be willing to discuss this during, or after, budgets; proposed alternate amounts and schedule for increases; and noted that we need to live within our means, and wait to see what our Fund Balances are before making any hard decisions. Supervisor Jones concurred with Supervisors Carrier and Cann; noted that he has heard the "cost of doing business" argument before, but that it still has to be balanced against available funds; and remarked that the issue does need to be addressed but, before anything is spent, the revenue needs to be identified. Supervisor Stetson remarked that there is no quicker road to mismanagement in this county than to not provide salaries that will actually attract good people; noted that he will wait for specific proposals; and stated that he would like to see some movement on correcting this serious problem. Supervisor Cann agreed that salary needs to be corrected. Supervisor Jones moved to table the matter, and bring it back during budget time. Chair Cann noted that he didn't know if a motion was needed, but that direction to the CAO to bring this back for Board consideration during budgets might suffice. Supervisor Jones withdrew his motion and made it his recommendation instead. The Board indicated concurrence with the recommendation. Supervisor Bibby remarked that a majority of the Board wants to wait; and noted that, even at budget hearings, she is leaning toward just a two percent increase until mid- year. Supervisor Cann required clarification that she would be comfortable doing that at budget time. Supervisor Bibby affirmed. Chair Cann noted that it is the consensus and direction of the Board that this issue be brought back for consideration during the week of budget discussions. RESULT: ITEM NOT CONSIDERED L. Items removed from Consent Agenda None. M. Closed Session No Board or public input on any of the closed session items. Board of Supervisors July 22, 2014 1. Board of Supervisors (ID # 3800) CLOSED SESSION: Public Employee Performance Evaluation; Position of Employee Under Review: County Administrative Officer (Government Code Section 54954.5) RESULT: CLOSED SESSION HELD 2. Board of Supervisors (ID # 3801) CLOSED SESSION: Public Employee Performance Evaluation; Position of Employee Under Review: Public Works Director (Government Code Section 54954.5) RESULT: CLOSED SESSION HELD 3. Administration (ID # 3799) CLOSED SESSION: Public Employee Performance Evaluation; Position of Employee Under Review: County Fire Chief (Government Code Section 54954.5) RESULT: CLOSED SESSION HELD Report Out 8:10 PM Chair Cann reported out that information was received and direction was given in all three Closed Sessions. N. Adjournment 8:10 PM Chair Cann adjourned the meeting in memory of Vicki Kardell, Richard Payton, and Donald McMenomy. Respectfully submitted, RENÉ LaROCHE Clerk of the Board KEVIN CANN Chair, Board of Supervisors M C ARIPOSA OUNTY P.O. Box 784 Mariposa, CA 95338 (209) 966-3222 5100 Bullion Street http://www.mariposacounty.org/ KEVIN CANN, CHAIR DISTRICT IV MERLIN JONES, VICE-CHAIR DISTRICT II LEE STETSON DISTRICT I JANET BIBBY DISTRICT III JOHN CARRIER DISTRICT V MINUTES August 5, 2014 A. Call to Order and Roll Call 9:03 AM Chair Cann called the meeting to order in the Mariposa County Government Center and noted that there was a quorum with all members present. Attendee Name Title Status Arrived Lee Stetson District I Supervisor Present 9:00 AM Merlin Jones District II Supervisor Present 9:00 AM Janet Bibby District III Supervisor Present 9:00 AM Kevin Cann District IV Supervisor Present 9:00 AM John Carrier District V Supervisor Present 9:00 AM B. Pledge of Allegiance The Pledge was led by Supervisor Stetson, followed by a moment of silence in support of a speedy resolution to the conflicts in the Middle East, and for our men and women in uniform across the globe and domestically. C. Introductions None. D. Approval of Consent Agenda (Items designated by "CA") 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. Public Comment Opened. Ruth Catalan urged approval of CA22. Public Comment Closed. Supervisor Jones discussed the SWIFT program and its importance, and urged the Board of Supervisors August 5, 2014 approval of CA4. Regarding CA5, Supervisor Cann announced that the Fire Safe Council received a quarter of a million dollar grant from PG & E, for which the Council will need to immediately mobilize as the funds need to be obligated by October. Regarding CA15, Supervisor Bibby noted that this is adding the adult portion of Systems of Care to the description, and she requested that it be filtered through the Class and Comp study to keep it current. Steven W. Dahlem/County Counsel and Interim Human Resources Director - Risk Manager agreed with the request. Supervisor Cann also discussed some old verbiage on agenda packet that he has already spoken with County Counsel about, and which is just clerical in nature so won’t require any special action. Regarding CA24, Supervisor Bibby noted that the Plans and Specs were never received, and she requested that they be run past Building, Planning and Environmental Health to make sure that there are no issues. Peter Rei/Public Works Director noted that it has already gone through those departments prior to getting the bid the first time, but that they will run them past the departments again. Supervisor Stetson required clarification regarding the additive alternate. Mr. Rei responded, noting that adding it in increased the cost. Regarding CA22, Chair Cann noted his understanding that timing is an issue with this item, and required clarification that it cannot be signed until CDBG approves the agreement. Tara Schiff/Community Development - Grant Coordinator affirmed that the document cannot be signed until CDBG clears the conditions otherwise we risk not being reimbursed. Supervisor Cann noted that there is an agreement date of June 10, 2014, on the first page of the agreement. Ms. Schiff noted that, per County Counsel's direction, that date will be changed to be effective the date the conditions are cleared. Supervisor Carrier inquired if there is a single point of contact on the matter. Mr. Rei responded by indicating Ms. Schiff. Supervisor Jones moved that the consent agenda be approved as presented. County Counsel clarified that the June 10, 2014, date in Paragraph 1.01 of the agreement in CA22 will be deleted and a new date will be inserted that's consistent with the date that the CDBG clearance arrives. Supervisor Jones agreed with the clarification. Supervisor Carrier seconded, and the clarified motion passed unanimously. RESULT: ADOPTED [UNANIMOUS] MOVER: Merlin Jones, District II Supervisor SECONDER: John Carrier, District V Supervisor AYES: Stetson, Jones, Bibby, Cann, Carrier CA1. Administration RES-2014-377 Resolution Continuing the Local Drought Emergency CA2. Administration RES-2014-378 Resolution Continuing the Local Emergency Due to the Wild Land Fire Known as the Rim Fire CA3. Administration RES-2014-379 Resolution Continuing the Local Emergency Due to Landslides on Highway 140 En Route to Yosemite National Park CA4. Administration RES-2014-380 Approve the Professional Services Agreement for Use of Title III Funding from the Secure Rural Schools and Community Self-Determination Act of 2000 for Board of Supervisors August 5, 2014 the Continued Funding of the South West Interface (SWIFT) Project Coordinator from July 1, 2014, through June 30, 2015, in the Amount of $13,000; Authorize the Board of Supervisors Chair to Sign the Agreement CA5. Administration RES-2014-381 Approve the Grant Agreement for the Use of Title III Funding from the Secure Rural Schools and Community Self-Determination Act of 2000 for the Continued Funding of the Mariposa County Fire Safe Council from July 1, 2014, through June 30, 2015, in the Amount of $59,380; Authorize the Board of Supervisors Chair to Sign the Agreement CA6. Administration 2014-72 Receive the List of Contracts Entered into by the County Administrative Officer (CAO) Pursuant to Ordinance 3.08 with Terms Commencing in July, August 2013, and January through August 2014 CA7. Agricultural Commissioner RES-2014-382 Approve Nursery Inspection Cooperative Agreement No. 14-0322-SA for Fiscal Year 2014/2015 with the California Department of Food and Agriculture (CDFA), and Authorize the Board of Supervisors Chair to Sign the Agreement CA8. Board of Supervisors Approve the Minutes of Tuesday, July 8, 2014 CA9. Board of Supervisors Approve the Minutes of Tuesday, July 15, 2014 CA10. Board of Supervisors Approve the Minutes of Friday, July 18, 2014 CA11. Board of Supervisors Approve the Minutes of Tuesday, July 22, 2014 CA12. Community Services RES-2014-383 Approve Budget Action for Fiscal Year 2013-14 Transferring Funding Within the Senior Nutrition Fund for End of Year Payments ($3,500) CA13. Health RES-2014-384 Authorize the Filling of a Senior Office Assistant Position in the Public Health Department Effective Immediately CA14. Human Resources/Risk Management RES-2014-385 Approve a First Amendment to the Professional Service Agreement with Gilmore Wood Vinnard & Magness for Investigative Services Increasing the Agreement by $15,000 to an Amount Not-To-Exceed $40,000, and Authorize the Board of Supervisors Chair to Sign the Agreement CA15. Human Resources/Risk Management RES-2014-386 Approve Amendments to the Deputy Director Behavioral Health Job Description by Adding the Performance of Essential Functions in Both the Adult and Board of Supervisors August 5, 2014 Children's System of Care Programs and Other Minor Modifications to the Job Description CA16. Human Services/Behavioral Health & Recovery Services RES- 2014-387 Approve the Recruitment and Hiring of a Deputy Director of Behavioral Health in the Human Services Department Effective Immediately CA17. Human Services RES-2014-388 Reduce the Allocation of a Currently Vacant Full Time Office Technician I Position in the Human Services Administration Budget to 80% Permanent Part- Time and Authorize the Promotion of an Employee into the 80% Permanent Part-Time Position Effective August 6, 2014 CA18. Human Services/Behavioral Health & Recovery Services RES- 2014-389 Approve the Recruitment and Filling of a Social Service Aide Position in Behavioral Health Budget Effective Immediately CA19. Human Services/Behavioral Health & Recovery Services RES- 2014-390 Approve the Recruitment and Filling of a Mental Health Aide Position in the Human Services Department Effective Immediately CA20. Probation 2014-73 Accept the Resignation of Michael Fagalde and Appoint Neal Douglass to the Mariposa County Community Corrections Partnership (CCP) Executive Committee CA21. Probation RES-2014-391 Change the Effective Date of Allocating and Filling the Administrative Assistant- Probation Position from September 15, 2014, to be Effective Immediately CA22. Public Works RES-2014-392 Approve a Professional Services Agreement with Nolte Associates in an Amount Not-To-Exceed of $178,044 for Engineering Services for the Design of West Whitlock Road, and Authorize the Board of Supervisors Chair to Sign the Agreement (Pending Obtaining Approval from CDBG) CA23. Public Works RES-2014-393 Approve a Program Agreement for the Tip Top Road Over MF Chowchilla River Bridge Project No. BRLO 5940(112), and Authorize the Public Works Director to Sign the Agreement CA24. Public Works RES-2014-394 Reject All Bids for the Midpines Restroom Upgrade, Authorize Public Works to Re-Bid the Project and Authorize the Public Works Director to Award the Project Subject to Available Grant Funding and Approval as to Form by County Counsel Board of Supervisors August 5, 2014 CA25. Public Works RES-2014-395 Approve the First Amendment with Mark Stephens Construction to Extend the Contract to September 30, 2014, and Authorize the Public Works Director to Sign the Amendment CA26. Public Works RES-2014-396 Approve the Recruitment and Filling of a Maintenance Worker III Position in the Public Works Road Division Effective Immediately CA27. Public Works RES-2014-397 Approve a Program Agreement for the Incline Road Over Moss Canyon Bridge Project No. BRLO 5940(114), and Authorize the Public Works Director to Sign the Agreement CA28. Public Works RES-2014-398 Approve a Program Agreement for the School House Road Over Owens Creek Bridge Project No. BRLO 5940(113), and Authorize the Public Works Director to Sign the Agreement CA29. Public Works RES-2014-399 Approve a Program Agreement for the Usona Road Over MF Chowchilla River Bridge Project No. BRLO 5940(115), and Authorize the Public Works Director to Sign the Agreement CA30. Sheriff's Office RES-2014-400 Approve a Professional Services Agreement with John C. Fremont Healthcare District to Provide Medical Services to the Mariposa Adult Detention Facility, and Authorize the Board of Supervisors Chair to Sign the Agreement E. Board Recognitions 1. Child Support Services 2014-74 Proclaim August, 2014, as "Child Support Awareness Month" and Receive a Video and Presentation by Debbie Walton, Child Support Director Debbie Walton/Child Support Services Director gave the presentation, with the assistance of Ginny Carpenter/Child Support Specialist. Ms. Walton discussed that the mission of the Child Support Services Department is to enhance the well-being of children and the self-sufficiency of families. She noted that: children who are actively engaged with their parents grow up to be better off socially, academically, and emotionally; their primary functions are to locate parents, establish parentage, establish support orders, and collect child support and distribute it to families; they collected 1.4 million dollars locally last year, and distributed to approximately 700 cases; they have a staff of 5 full time, and 3 part time, employees; and they are available Monday through Friday in the Human Services Building, and no appointment is necessary. No public input. Supervisor Bibby required clarification that anyone can come into the office, regardless of whether they reside in Mariposa County. Ms. Walton affirmed. Supervisors Bibby, Carrier, Cann and Jones extended thanks and compliments to the department for all of its efforts. Ms. Walton also recognized Ginny Carpenter who just celebrated her 15 year anniversary with the office. Chair Cann presented the Proclamation to Ms. Walton. Board of Supervisors August 5, 2014 RESULT: ADOPTED [UNANIMOUS] MOVER: Janet Bibby, District III Supervisor SECONDER: John Carrier, District V Supervisor AYES: Stetson, Jones, Bibby, Cann, Carrier F. Departmental Presentation For Items within the Jurisdiction of the Board and not on Today's Agenda Doug Binnewies/Mariposa County Sheriff reported on the El Portal Fire which started on July 26, 2014 and the implementation of NIXLE, their new notification system. He reported that the Sheriff's Office was responsible for the evacuation of 87 homes in the Old El Portal area, as well as the security of those residences until they were reoccupied; that the NIXLE system launched 174 telephonic notifications, primarily to El Portal and Foresta; and that there was one quirk as one resident of Yosemite West who was outside of the alert area received a rogue email, but that NIXLE headquarters is analyzing the data to try to determine the cause. He also noted that the advantage to NIXLE is that it allows them to input one message and have it distributed over various channels, i.e., faxes, emails, text messages, or telephone calls. Supervisor Stetson expressed his appreciation to the Sheriff's Office, the National Park System, and Richard Dye of PG & E for keeping him well informed. Len DeJoria/Mariposa County Fire Chief reported: that the El Portal Fire is 96% contained as of this morning with a total of 4,689 acres, one home, and one garage destroyed; and that Mariposa County committed one piece of apparatus to it through a Rainbow Strike Team that was requested through CAL FIRE starting Saturday night, and then exchanged members who had to leave the next day. Chief DeJoria also reported that the Dark Hole Fire is now 61% contained and covers 770 acres; that the French Fire, which is close to us and to which we have manpower committed, is 40% contained and is 13,267 acres; and that there was a small fire on Triangle Road that was quickly contained, as well as the Mormon Fire on Old Highway and Marshall Road which consumed 7 acres. He also reported that there was an injury on the Mormon Fire; that the firefighter is doing well now but has to go back for another procedure; and that he is expected to make a full recovery. G. Public Comment on Non-Agenda Items For Items within the Jurisdiction of the Board and not on Today's Agenda (Speakers Limited to Five Minutes) Karen Cutter/Ladybug Embroidery and Mariposa Chamber of Commerce Board member discussed her experiences while working in the Visitors Center last Saturday during the fire, noting how grateful people were for the information and assistance. Kathy McCorry/Chamber of Commerce Executive Director gave the July visitation statistics; reported that they reopened the Visitor Center from 9:00 PM to 11:00 PM on Saturday in response to a telephonic request from Heidi Dulcich, and also opened the Coulterville Visitor Center on Monday, when it would normally be closed. Ms. McCorry extended her thanks to everyone who helped during the emergency, and extended special thanks to Terri Selk, Julie Hadzega and Noel Morrison from the Tourism Bureau who came in and worked on Monday, as well as to Mary Bass, Karen Cutter, and Holly Combs who came in on multiple days. Supervisor Bibby inquired if Ms. McCorry could supply her report in a memo format so that the Board can present it with an emergency declaration. Ms. McCorry affirmed. Supervisor Cann extended his thanks to everyone who spent their time there. Marvin Wells reported on the death of Congressional Medal of Honor recipient Jon Cavaiani on July 29, 2014; gave an overview of his military career and time as a prisoner of war; and requested the Board honor him in some way. Board of Supervisors August 5, 2014 H. Board Information Supervisor Carrier reported: reviewing issues in the office on July 23rd and July 24th; attending a July 25th meeting with Supervisor Cann and Sheriff Binnewies to review some county operations; attending the Bootjack Fire Department pancake breakfast on July 26th; attending the UC Cooperative Extension centennial celebration at the Fairgrounds on the 26th; that he was scheduled to attend the YARTS JPA meeting in Mammoth Lakes on July 28th, but that he had to attend it via a video conference from Merced; that he attended a meeting in Lushmeadows on July 30th; meeting with some department heads and stakeholders on the 30th on homeless issues; and attending the Ag Advisory meeting on the 31st. Supervisor Carrier noted that this week is Farmers Market Week, and advised that on August 18th, Area 12 will have a meeting at the Senior Center with Dr. Patrick Aborn speaking on friendship lines and suicide prevention among the elderly. Supervisor Carrier also thanked: Marvin Wells for bringing up Mr. Cavaiani's passing; and Bob Bartholomew and the Fire Safe Council for being proactive and setting up projects ahead of time so that they can take advantage when opportunities that require quick turnaround arise. Supervisor Carrier also: thanked the Visitors Center for all of the help that they give; sent condolences to the family of Reid Marks; and reported that three benches were taken from the Mariposa Fairgrounds on July 28th and a reward is being offered for their return. Supervisor Bibby requested that additional wording be added to the Memorial Certificate for Jon Cavaiani to extend appreciation and thanks for the military service that he provided to our country. Supervisor Bibby reported attending the 4-H officer training yesterday, and she extended her thanks to Donna Wice for all of her efforts. She also advised that she will be attending the Mental Health Governing Board meeting this Thursday at Noon; extended special thanks to everyone for their courtesy and hospitality during the emergency; and noted that the County is currently receiving complaints about the Recovery, Opportunity, And Development (R.O.A.D.) House regarding computer usage, and she extended her thanks and appreciation to Chevon Kothari and Rick Peresan for their efforts on the issue, and noted that the complaints are not being taken lightly and are being reviewed and acted upon. Supervisor Stetson reported attending: a July 28th meeting with Caltrans, Planning and Advisory group members regarding the Ferguson Slide issue; the July 28th YARTS meeting in Merced with Supervisor Carrier, noting that they are moving toward an expansion of their services; a meeting in El Portal in the evening of July 28th regarding the El Portal fire; and a July 30th meeting of the Friends of Bear Creek at The Bug to follow up on the events in June at the Midpines Park, and to plan for future events. Supervisor Stetson advised that he will be meeting with Brian Foucht and Gary Francisco tomorrow morning to prepare for the Midpines planning group meeting tomorrow evening at 6:00 PM at the Midpines Community Hall. Supervisor Jones discussed the dry conditions and thanked emergency personnel for their efforts; discussed hiking in the back country, seeing the smoke, and not knowing exactly what was going on; and noted that the Pack Stations are still feeling the effects of the Rim Fire and are still only seeing about half of the normal business. Supervisor Jones reported attending: the Greeley Hill Breakfast on the 3rd; and a meeting with Planning and the Compliance Officer on the 4th, and commended Josh Soares for the job that he is doing. Supervisor Jones thanked Rick Peresan, and staff, for help with his computer which went down on Friday. He also discussed the DRI project relative to Dogtown Road; and noted that it will take 66,000 gallons of water per day to work on that project and that they are having difficulty finding the water and, consequently, it will probably end up costing more as they will need to haul in water. Supervisor Jones advised that he will be attending the Coulterville Community Club meeting tonight. Supervisor Cann reported attending a Rural County Representatives of California (RCRC) Executive Committee meeting on July 23rd, noting that the main issue of which was the Secure Rural Schools funding which is how the County pays for the Fire Safe Council and SWIFT project; noted that the funding is currently being lobbied for; and noted that there seems to be a lot of Congressional support on the matter and looks like it will end up being approved. Supervisor Cann thanked Supervisor Carrier for going to the UC Celebration in his place, noting that he had committed to go but had to help his Board of Supervisors August 5, 2014 daughter move in San Diego. Supervisor Cann also reported attending: a meeting with a few of the fire captains on July 25th; a July 25th meeting with a designer, developer, and a number of department heads regarding the subsidized senior living proposal to advise on necessary steps as they move forward, noting that there is a current proposal to build an 80 unit subsidized senior facility; a meeting with one of Congressman Radanovich's former chiefs of staff on the 30th; a meeting with department heads, Planning and everyone in the county who interacts with the homeless and emergency shelter issues; a meeting on the 31st with Planning staff regarding the item that will be heard next under the LTC; the Reid Marks memorial on the 2nd, noting some of Reid's background; a meeting with Tourism Bureau Board members yesterday regarding their plans relative to whether the Transient Occupancy Tax (T.O.T.) passes or fails, noting that if they move to increase the TBID it is a 4 or 5 month process which they will begin before November; and a meeting yesterday with a couple of ministers regarding church and state questions. Supervisor Cann advised that he will be judging the Fair Rodeo Queen competition on Saturday; and that he will try to attend the Mental Health Board meeting on Thursday because of the overlap on homeless issues. Recess Board of Supervisors 10:05 AM Chair Cann recessed the Board of Supervisors meeting, and read the following announcement: In accordance with Government Code 54952.3, it is hereby announced that the Mariposa County Board of Supervisors will be sitting either simultaneously, or serially, as the Local Transportation Commission and that they receive no additional compensation for same. I. LOCAL TRANSPORTATION COMMISSION (Chair - Commissioner Lee Stetson, Vice-Chair - Commissioner Merlin Jones) Public Comment Period For Items within the Jurisdiction of the Local Transportation Commission and not on Today's Agenda (Speakers Limited to Five Minutes) None. LTC Regular Agenda 1. Planning LTC-2014-14 Adopt a Resolution Approving Amendments to the Scope of Work, Budget and Timeline to the Caltrans Fiscal Year 2014-2015 Transit Planning for Rural Communities Grant: Transportation Center Feasibility Study - Phase 1; Authorize the Executive Director to Transmit the Amended Scope of Work, Timeline and Budget to the California Department of Transportation Brian Foucht/Deputy Planning Director gave the staff report, with Sarah Williams/Planning Director in attendance. Commissioner Bibby noted that the scope discusses the advisory committee members and inquired if the School District, Airport Advisory and Veterans Services could be added as those are key to transportation issues. She also advised Mr. Foucht that the Mariposa Task Force adopted a report, which addressed wayfinding, location and other signs, and she would like to see that information incorporated, as well. Commissioner Bibby also discussed the pedestrian walkways and trails, and stressed that the sooner notice is given the better, especially to those along Antone Way and Joe Howard Circle, as there have been concerns regarding security along the walkway. She also inquired if the match is built into Planning's budget. Barbara Carrier/Public Works Assistant Director - Support Board of Supervisors August 5, 2014 Services responded, noting that once the new scope of work is approved by Caltrans, she will be preparing an amendment to the scope of work. Commissioner Cann thanked Mr. Foucht and Ms. Williams for their diligence on this issue; noted that the Parking District was a good idea when it was put together but that it has been struggling; noted his agreement with adding the School District and the others; and discussed the need for this planning. No public input. Commissioner Stetson inquired if the Planning Department had any problems adding the advisory members suggested by Commissioner Bibby. Mr. Foucht responded that they did not. Commissioner Cann began making a motion, but then stopped to allow the Planning Director to speak. Ms. Williams required clarification of the recommendation to add the School District, inquiring if the members to be added were to be board members or administrative staff. Commissioner Bibby recommended leaving the school district designee to the discretion of the school district. Chair Stetson noted that there appeared to be concurrence from the Commission members. Commissioner Cann continued with his motion and moved to approve the item as presented with the recommended additions to the makeup of the advisory committee, and noting the changes in the milestones as presented on of the staff report. The motion was seconded by Commissioner Jones, and passed unanimously. RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Cann, District IV Supervisor SECONDER: Merlin Jones, District II Supervisor AYES: Stetson, Jones, Bibby, Cann, Carrier Adjourn LTC 10:23 AM Chair Stetson adjourned the Local Transportation Commission meeting. J. Reconvene as Board of Supervisors 10:23 AM Chair Stetson passed the gavel back to Supervisor Cann. K. Regular Agenda Items 1. Public Works RES-2014-401 PUBLIC HEARING to Adopt the Current Fee Structure for County Service Area No. 1 (Road Maintenance Zones of Benefit) and County Service Area No. 1-M (Lake Don Pedro Off-Season Fire Protection) and Authorize the Fees to be Placed on the Property Tax Roll for Fiscal Year 2014-15 Barbara Carrier gave the staff report noting that this is an annual item requesting that the Zones of Benefits be placed on the tax roll, and that it includes the Lake Don Pedro Off-Season Fire Protection. Ms. Carrier noted that when the original item was placed before the Board it included the County Service Area but, since then, the County Service Area 3 has been addressed; that the Lake Don Pedro Fire Protection fee will be reduced by 25%; that they are adding the Granite Springs Estates to the tax roll for the first time; that the only increase will be to Royal Oaks; and that all of the budgets have sufficient balances. Supervisor Jones noted his appreciation for the reduction of fees. Supervisor Bibby required clarification, for the record, that there is sufficient funding Board of Supervisors August 5, 2014 within that assessment and no general funds are needed. Ms. Carrier affirmed. No public input. RESULT: ADOPTED [UNANIMOUS] MOVER: Merlin Jones, District II Supervisor SECONDER: Janet Bibby, District III Supervisor AYES: Stetson, Jones, Bibby, Cann, Carrier 2. Human Resources/Risk Management RES-2014-402 Increase the Allocation of a 70% Permanent Part-Time Office Assistant II in County Administration Budget to a Limited Term Full-Time Office Assistant II Position Effective Immediately; Authorize the Office Assistant II to Work the Additional 12 Hours Per Week in the Human Resources/Risk Management Department Until a Human Resources Director/Risk Manager is Appointed and On-The-Job for One Month Steven W. Dahlem acting as Interim Human Resources (HR) Director-Risk Manager gave the staff report noting that the resignation of the HR Director in June has caused the remaining two HR staff members to experience significant workload issues; that having the Office Assistant II (OAII) assist for twelve hours will help to relieve some of the clerical functions; that the incumbent OAII is familiar with the duties, having performed them when Human Resources/Risk Management was housed in the Administration building; and that the funding will come from salary savings. Supervisor Bibby required clarification that this is only for a limited term, and that the individual will be working out of the HR office. Mr. Dahlem affirmed that is only for a limited term; and noted that the OAII will be working out of the HR Office for those twelve hours per week. Supervisor Bibby noted that because the position is a limited term and a different budget unit, requirements for open recruitment should not apply. Mr. Dahlem affirmed. Supervisor Jones noted that the position is greatly needed and urged approval. No public input. RESULT: ADOPTED [UNANIMOUS] MOVER: Merlin Jones, District II Supervisor SECONDER: Lee Stetson, District I Supervisor AYES: Stetson, Jones, Bibby, Cann, Carrier 3. Fire RES-2014-403 Select a Name for Mariposa County Fire Station #28 Len DeJoria gave the staff report. He noted that the members and the Mariposa County Fire Captains Association unanimously voted to keep the name Bridgeport. Supervisor Bibby stated that she doesn't care what the station is named and doesn't want it held up on the naming; noted that she asked the volunteers to weigh in on the issue because they will be manning the station; asked people to keep in mind that the name "Bridgeport" is mentioned throughout things like the Hazard Mitigation Plans so there would be a cost associated with changing everything that currently references Bridgeport; and remarked that her preference is to go with what the volunteers desire. Supervisor Cann remarked that whatever name is chosen should not include the word "district," as that starts alluding to a special district. Board of Supervisors August 5, 2014 Public comment opened. Marshall Long stated that he cares about the history of the county; discussed suggestions of Guadalupe Valley and Buckeye, noting that the Buckeye Schoolhouse used to be there but that there is no longer anything left of it and no recognition of that name; remarked that the fire house is in the Buckeye Drainage; and requested that the station be named the Buckeye Firehouse. Public comment closed. Supervisor Cann remarked that he has no preference. Supervisor Jones noted that it has been called Bridgeport since he came into office, and he moved that the station be named the Bridgeport Fire Station. Supervisor Carrier seconded the motion. Supervisor Bibby noted that they tried to hold off naming as long as possible to allow as much input as possible, so she hopes that people don't get caught up in the name. Chair Cann called the vote, and the motion passed unanimously. RESULT: ADOPTED [UNANIMOUS] MOVER: Merlin Jones, District II Supervisor SECONDER: John Carrier, District V Supervisor AYES: Stetson, Jones, Bibby, Cann, Carrier 4. Administration/Economic Development RES-2014-404 Authorize the Foreclosure of Property (APN 002-040-0190) Per the Terms & Conditions of an Economic Development Business Assistance Loan Currently in Default Tara Schiff gave the staff report and requested the Board authorize foreclosure on this APN. Supervisor Bibby noted her understanding of the difficulty in processing this type of action, complimented staff on complying with all of the rules and regulations, and extended her thanks to Ms. Schiff for her efforts in this matter. Supervisor Jones extended his compliments to Ms. Schiff. Supervisor Cann inquired as to the number of remaining microenterprise grants. Ms. Schiff responded, noting that there are six that are current, one that was past due but which is now making double payments, and this one that is in default. Supervisor Cann discussed how important it is to meet every aspect of CDBG regulations. No public input. RESULT: ADOPTED [UNANIMOUS] MOVER: Janet Bibby, District III Supervisor SECONDER: Merlin Jones, District II Supervisor AYES: Stetson, Jones, Bibby, Cann, Carrier L. 11:00 AM Closed Session No Board or public comment.
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Board of Supervisors 2014-81 Proclaim September 17 - 23, 2014, as "Constitution Week" (Judith Huffman, Merced River Chapter, National Society of the Daughters of the American Revolution) Chair Cann encouraged the public to visit the Arts Park to view the 9-11 Memorial. RESULT: ADOPTED [UNANIMOUS] MOVER: Merlin Jones, District II Supervisor SECONDER: Lee Stetson, District I Supervisor AYES: Stetson, Jones, Bibby, Cann, Carrier F. Departmental Presentation For Items within the Jurisdiction of the Board and not on Today's Agenda Chair Cann announced that this will be Rick Benson's last meeting. He thanked Rick for his dedicated service. Rick Benson made note to the wonderful team of department heads and dedicated staff he has worked with and commented that Mary Hodson, Interim County Administrative Officer, is very competent. Chair Cann announced that after the safety report on the Bridge Fire the Board will vote on ratifying the Declaration of Emergency. He then noted that he attended the briefing and commented that people were amazed that the fire was stopped and how it was stopped. Doug Binnewies, Sheriff/Interim Fire Chief, introduced Kevin Smith/CAL FIRE Deputy Chief - Madera, Mariposa, Merced units, who then reported: at 12:39 PM dispatch received the first report of the Bridge Fire, and at that time had a standard high level of dispatch that went out which is typical for this time of year, and the fire was established under the William Sell Bridge. He reviewed the history of previous fires such as the Harlow and Stumpfield and noted that there is not an area in Mariposa or Madera County that has more potential for a fire. Command was established on the vista near Campbell Road; at approximately 3:00 PM it was established that the fire was approximately 200 hundred acres, and evacuation orders affected approximately 700 residents. Based on the road closures and the amount of people and animals being moved during the evacuation whey requested a CAL FIRE incident management team for assistance. They had the maximum amount of aircraft, and had requested the DC10 air tankers. He noted that he Board of Supervisors September 9, 2014 wanted to recognize the use of DC10’s just since 2006 and commented that the DC10’s assistance in the recent Junction Fire in Oakhurst was the key tactic in that fire. He also noted that it was the air attack of the DC10’s that bought them time and commended law enforcement in moving that amount of people and animals. The next morning there were no structures or vehicles burned, the electrical hazards were handled, and they worked to get the evacuees back in their residents. Doug Binnewies, Sheriff/Interim Fire Chief, reported: he couldn’t be more pleased with the community and County Government for their response. There had been approximately 600 homes under target, and 354 under immediate evacuation order. The Nixel alert notification was very accurate and membership increased by approximately 300 clients requesting to be notified by email and texts during an emergency. He was pleased with the phased reentry and the fire crews. The Red Cross evacuation center was the New Life Christian Fellowship which saw about 50 evacuees at the evacuation center and an area was established for small animals. Sheriff Facility Animal Control at the fairgrounds handled large animals. Kevin Smith reported: on the first day there were 93 fire engines, 24 bulldozers, 24 hand crews, County Fire staff and water tenders in addition to the max we could fly in that air space. He mentioned there is a process called the Fire Management Assistance Grant in the event there is a fire imminently threatening structures, water resources and high voltage, etc., that they applied for and were immediately approved, this grant is for reimbursement of support costs for the fire. Supervisor Bibby commented that several of the agencies include staff that knew the terrain because they were previously Mariposa County High School volunteer kids and graduates and have come back together; she commended them. Doug Binnewies advised that as the Bridge Fire calmed down there were other fires including the Meadow Fire in Yosemite National Park which also caused evacuations. The Red Cross established a center for evacuees of this fire but didn't receive anyone. The Montgomery Fire, triggered by the Meadow Fire is 70 - 100 acres and 70% contained at this time. The Meadow fire was 700 acres and grew to 2,582 acres the next day and is now over 4000 acres with 5% containment. Kevin Smith advised that the Montgomery Fire is now 100% contained. Doug Binnewies commended the Health Department and Human Services Department in their response in assisting the Red Cross evacuees. Supervisor Bibby and Kevin Smith discussed the air craft flown in from Castle Air Force Base and Supervisor Bibby gave special thanks for keeping that part of the air base open for this purpose. Kevin Smith thanked all agencies involved. Doug Binnewies invited the Board to attend the 9-11 Memorial that will be held at 6:30 PM at the Arts Park and noted that they will as they have done each year since the tragedy, coordinate with the North County for a moment of silence. G. Emergency Declaration
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Administration (ID # 3796) Approve Proposal to Increase the Transient Occupancy Tax and Adopt Resolution Submitting the Proposal to the Electorate on November 4, 2014 Supervisor Cann discussed the action taken by the Board in this regard last week; stated that this item was put on as a placeholder pending a special Tourism Board meeting; noted that it is not agendized properly to allow any action today but that something could be scheduled for Friday’s special meeting if the Board wishes. County Counsel noted that he does not believe the item is properly agendized for action today as it does not adequately inform the public that the Board is possibly reconsidering an action. He also noted that the Chair has the authority to allow public comment at any time during a board meeting under section VI.B.3.c of Resolution 90-231, the “Rules of Procedures for Meetings of the Board of Supervisors.” Public comment opened. Supervisor Cann thanked the Tourism Bureau for their partnership and requested a briefing of the Tourism Bureau Board's action last week. Terry Selk/Yosemite-Mariposa County Tourism Bureau Executive Director briefed the Board, with the assistance of Roger Biery. Mr. Selk noted that his board of directors discussed the Board of Supervisor’s action, and that the Tourism Bureau cannot support the currently proposed 1.25% increase in the transient occupancy tax (TOT); that the Tourism Bureau maintains its position of no increase; and that they would request the supervisors to reconsider the 1%- 1% split if they do increase it. Mr. Biery gave a PowerPoint presentation which broke down net effects of proposed alternatives; noted that there is a perception that marketing doesn't work but that a rule of thumb is that for every dollar spent on marketing you will receive 4 dollars back in top line revenues; and noted that there is no sunset involved in their proposal. Mr. Selk discussed marketing, noting examples of how it has worked. Supervisor Cann remarked that it seems that Mariposa is at an economic crossroads; noted that the Board determined it needed a TOT revenue increase, and that the percentage evolved from a 2% increase to a 1.25% increase which has been rejected by the Tourism Bureau Board; remarked that a problem inherent with that action is that the Tourism Bureau never committed to take over the visitors centers; noted that what is being proposed today by the Tourism Bureau is a 1% increase; and remarked that the options are to stick with the 1.25% increase and potentially have to pay for the visitors centers, face opposition and possibly lose the vote, or work for a true partnership of 1% Board of Supervisors July 15, 2014 and 1%, with the Tourism Bureau taking over the visitors center. Chair Cann noted that the action last week was a 4/5ths vote, and would require a 4/5ths vote to reconsider it, but that it could be added to the special meeting this Friday if the Board decides to pursue it. Supervisor Jones required clarification of whether the Tourism Bureau would be pursuing a one percent increase in the TBID if the Board of Supervisors did limit the TOT increase to one percent. Mr. Selk responded that the issue of whether the Tourism Bureau would pursue an increase in the TBID was not determined at their meeting. Mr. Biery noted that it was considered at yesterday’s Tourism Bureau meeting, but that the Tourism Bureau is standing behind its original proposal of a one percent increase in the county TOT, and a one percent increase in the TBID rate; remarked that the consensus of the group seems to be that conditional support of the 1.25% increase is not going to work; and noted that the matter was not voted on by the Tourism Bureau Board as there was no motion. Supervisor Jones noted that a total increase of two percent is the most the lodgings in the north county could tolerate. Mr. Selk remarked that the lodging industry is not supportive of any increase. Chair Cann noted that County Counsel has advised that, because of the way this item has been agendized, any deliberation needs to be held for a subsequent meeting. County Counsel reminded the board that this is a public comment period and advised that the Board should hold comments until deliberation; and noted that other public members should be given the opportunity to comment. Chair Cann required clarification as to the acceptability of questions regarding their position. County Counsel responded that obtaining information is acceptable. Ruth Catalan read an email that she sent to the Board into the record. Mary Bass/Chamber of Commerce remarked that she hopes that the visitor centers don't slip through the cracks. Ruth Sellers noted her agreement with Ruth Catalan; remarked that she feels that the Tourism Board is no different than any other entity in the county and, therefore, should be given equal opportunity to speak on the matter and should not be given any preference; stated that she doesn't think that the Tourism Bureau should be calling the shots; and noted that it is up to the Board of Supervisors to determine the amount, and then up to the public to determine whether they wish to accept it. Marshall Long noted that the Board has already approved a 1.25 percent increase in the TOT, but that the citizens still have to vote on it; and that, with nothing in writing and no vote being taken, the Tourism Bureau has not offered anything substantial. Robert Kroon/Yosemite West Cottages discussed ways that the Tourism Bureau has helped his business; noted that he feels it is important for the Tourism Bureau to have the support of the Board; remarked that he doesn't know what an increase of TOT will go to; and noted that tourism is Mariposa's only real industry. Public comment closed. Chair Cann required clarification of the Board members as to their desires; and noted that if there is to be any action, it would need to be done by next Tuesday at the latest. Keith Williams/Treasurer - Tax Collector - County Clerk affirmed that date from the audience. County Counsel clarified that no action can be taken today, but that consensus is being sought as to what to do. Supervisor Jones noted that he would like to revisit this issue. Supervisor Bibby noted that she wants to leave it as it is, and let the voters decide. Supervisor Carrier noted his agreement with Supervisor Bibby; stated that the Board needs to move on as it decided the matter last week; and remarked that the electorate are the ones who will ultimately decide this and, if it passes, it will come back to the Board for discussion, at which time they could decide to not raise it the whole 1.25 percent. Supervisor Cann noted that last week it was not clear to him who would be paying for the visitors centers. Supervisor Carrier stated that it wasn't discussed. Supervisor Cann remarked that it would be the County. Supervisor Carrier remarked that the issue would be determined during the budget hearings. Board of Supervisors July 15, 2014 Supervisor Jones required clarification as to whether the Board would have any flexibility in whether the TOT is raised to the full 1.25. CAO responded, noting that County Counsel is looking at the item but it appears that the Board would be raising the TOT to 11.25 percent, and would not be able to raise it to a lower amount. County Counsel affirmed, noting that the resolution approved last week indicates that the TOT rate shall be changed from 10 percent to 11.25 percent, and does not have the language “up to 11.25 percent.” Supervisor Bibby remarked that the voters may not pass the County's TOT initiative; noted that it sounds like the TBID is not all that happy about taking over the visitors centers anyway; and discussed her desire to not keep rehashing the matter. Chair Cann noted that there was no consensus regarding rescheduling the matter. He also noted that individual board members can schedule items if they desire. RESULT: ITEM NOT CONSIDERED 4. Public Works RES-2014-354 Approve an Agreement for the Purchase and Sale of Real Property (APN 012-120-044) Between Mariposa County (Buyer) and Dr. Robert Northway and Ms. Suzan Banchero (Sellers) in the Amount of $27,833, and Authorize the Board of Supervisors Chair to Sign the Agreement Peter Rei gave the staff report. He provided a brief history of the matter; noted that if the County acquires this property, they will be installing monitoring wells to meet Water Board requirements from 2003; and recommended approval. Supervisor Carrier required clarification regarding dates of Notices of Violation, and requested a copy of whatever was sent to the County on March 21, 2014. Mr. Rei responded, noting that the March 21st correspondence was a letter from the Water Board reiterating the fact that there is still an active Notice of Violation; and he noted that Greg Ollivier has a copy, but has requested that the Water Board send an original copy to the Board. Mr. Rei also noted that the Water Board did a site inspection within the last couple of months, and that the resulting report noted no new issues but did note that they were still waiting on the acquisition of the property in order to install monitoring wells per the prior Notice of Violation. Supervisor Bibby required clarification of whether an old concern regarding the owner’s access to two fields had been resolved. Mr. Rei noted that the issue was resolved by revising the shape of the property being acquired. Public comment opened. Ruth Catalan noted that she has sat on the Solid Waste Task Force for many years and urged approval of the item. Public comment closed. RESULT: ADOPTED [UNANIMOUS] MOVER: Merlin Jones, District II Supervisor SECONDER: Lee Stetson, District I Supervisor AYES: Stetson, Jones, Bibby, Cann, Carrier 5. Administration (ID # 3783) Approve New Compensation Schedule for Department Heads Effective July 1, 2014 Board of Supervisors July 15, 2014 RESULT: WITHDRAWN J. Items removed from Consent Agenda None. K. Adjournment 12:38 PM Chair Cann adjourned the meeting in memory of Nancy Wieland. Respectfully submitted, RENÉ LaROCHE Clerk of the Board KEVIN CANN Chair, Board of Supervisors M C ARIPOSA OUNTY P.O. Box 784 Mariposa, CA 95338 (209) 966-3222 5100 Bullion Street http://www.mariposacounty.org/ KEVIN CANN, CHAIR DISTRICT IV MERLIN JONES, VICE-CHAIR DISTRICT II LEE STETSON DISTRICT I JANET BIBBY DISTRICT III JOHN CARRIER DISTRICT V MINUTES July 18, 2014 A. Call to Order and Roll Call 8:00 AM Chair Cann called the meeting to order in the Mariposa County Government Center, noting that all members were present. Attendee Name Title Status Arrived Lee Stetson District I Supervisor Present Merlin Jones District II Supervisor Present Janet Bibby District III Supervisor Present Kevin Cann District IV Supervisor Present John Carrier District V Supervisor Present B. Pledge of Allegiance Supervisor Jones led the Pledge. C. Regular Agenda Items 1. Public Works RES-2014-355 Adopt a Resolution Approving the Integrated Regional Water Management 2014 Drought Solicitation Grant Application to the California Department of Water Resources, and Authorize the Board of Supervisors Chair to Sign the Grant Application Pete Rei, Public Works Director, gave the staff report. He commended Townsend Public Affairs, Glenn Franklin, and Gary Taylor for their work, and noted there are over 100 attachments now; and that it won’t be known until October if this will be funded. He also noted that a wet signature of the approved resolution and application will be hand delivered to Sacramento on Monday before 5 PM. Chair Cann and Pete Rei discussed the order of the projects noting that they are in no particular order; the content of the final draft of the application in regards to Fish Camp; and what will be included in the projects. Board of Supervisors July 18, 2014 Supervisor Bibby required clarification as to where funds for the 25% match would be coming from, if the residents being served by the improvements are funding this, and if so, are they aware of this. Pete Rei responded that he was assured that the intent is to move forward; and that he doesn’t have an answer at this time regarding funding the match, this would be addressed if the project is selected. Supervisors Bibby, Cann, Carrier and Pete Rei discussed the project list; funding the match; and prioritizing. Supervisors Bibby and Carrier noted for the record, if this grant application is approved, the 25% match for the Yosemite West projects would come from that community, as well as the other communities if they do not qualify as a disadvantaged community/no match required. Pete Rei clarified that the overall administrator of the grant application is the Resource Conservation District, with Public Works managing the implementation, and that the State views the application as one project. Supervisor Bibby, Pete Rei, and Glen Franklin, discussed the application requirements regarding agriculture. Supervisor Bibby commended all involved in pulling this together so quickly. Pat Garcia, Resource Conservation District, clarified for Supervisor Bibby, that the County is not obligated for any match until an agreement is signed. Supervisor Bibby suggested informing the Yosemite West community that this is coming up in the near future. Pete Rei noted that they are aware of a match requirement and also that the community is not eligible for the disadvantaged community deferment. Pat Garcia clarified for Supervisor Bibby, in regards to individual grants, it will depend on what is submitted; noted that it will be submitted as one package; and that the Department of Water Resources will not make the decision on what to exclude if they don’t fund the entire project, that would be our decision. Supervisor Carrier suggested, if this grant application is successful, that it be documented in writing in the form of an agreement with the Yosemite West community prior to an item coming back to the Board, that they will be responsible for the 25% match, and in regards to Coulterville and Fish Camp, if the match is not waived there should be a plan B for funding. He thanked Richard Harmon of Townsend Public Affairs and his staff. Supervisor Jones agreed with Supervisor Carrier, then asked how these amounts were derived and discussed specifics of the project. Pete Rei responded. Supervisor Carrier and Pete Rei discussed the Coulterville project regarding an accurate evaluation to ensure that degraded water mains won’t be discovered during the process increasing cost with no additional funding available to complete the project. Pete Rei stated the issue is the leaking joints between the main and the surfaces. Supervisor Cann, Pete Rei, and Pat Garcia discussed the descriptions included in the 12 page project information form and whether it is necessary to include them in the application. Supervisor Jones stated that he worked on those lines and they are not PVC, they are all iron pipes. Supervisor Bibby requested confirmation that there will be a plan on how the project will be implemented in regards to the 25% match if Coulterville and Fish Camp do not qualify as disadvantaged communities. Pete Rei responded. Supervisor Cann suggested language noting that the project is contingent upon the community qualifying as a disadvantage community with no requirement of a match of funds. Glen Franklin noted the process once the application is approved. Supervisor Bibby suggested sending notification to the residents of Coulterville and Fish Camp informing them that a grant application has been submitted contingent on qualifying for no match of funds. Pete Rei stated that a letter could be sent with monthly water bills. Supervisor Jones requested that in addition to the letter, Pete Rei attend an upcoming community meeting to announce this information. Supervisor Carrier and Pete Rei discussed notification to Fish Camp residents. No public input. Board of Supervisors July 18, 2014 Supervisor Jones moved to adopt a resolution as presented. Seconded by Supervisor Carrier, with clarification of County Counsel that staff has been directed to make a number of changes to be consistent within the document. The changes have been discussed by this Board, direction was given to make any other necessary changes to make the document internally consistent, and with correction to a clerical error in the resolution. Maker and Seconder agreed to modifications. Supervisor Bibby asked that the Board receive a copy of the final application. Chair Cann called for the vote, and the Motion passed. RESULT: ADOPTED [UNANIMOUS] MOVER: Merlin Jones, District II Supervisor SECONDER: John Carrier, District V Supervisor AYES: Stetson, Jones, Bibby, Cann, Carrier D. Adjournment 9:06 PM Chair Cann adjourned the meeting. Respectfully submitted, RENÉ LaROCHE Clerk of the Board By: Tracy Gauthier Deputy Clerk of the Board KEVIN CANN Chair, Board of Supervisors M C ARIPOSA OUNTY P.O. Box 784 Mariposa, CA 95338 (209) 966-3222 5100 Bullion Street http://www.mariposacounty.org/ KEVIN CANN, CHAIR DISTRICT IV MERLIN JONES, VICE-CHAIR DISTRICT II LEE STETSON DISTRICT I JANET BIBBY DISTRICT III JOHN CARRIER DISTRICT V MINUTES July 22, 2014 A. Call to Order and Roll Call 9:03 AM Chair Cann called the meeting to order in the Mariposa County Government Center, and noted that there was a quorum with all supervisors present. Attendee Name Title Status Arrived Lee Stetson District I Supervisor Present 9:03 AM Merlin Jones District II Supervisor Present 9:03 AM Janet Bibby District III Supervisor Present 9:03 AM Kevin Cann District IV Supervisor Present 9:03 AM John Carrier District V Supervisor Present 9:03 AM B. Pledge of Allegiance Supervisor Carrier led the Pledge, followed by a moment of silence for the victims of the plane crash in the Ukraine. C. Introductions None. D. Approval of Consent Agenda (Items designated by "CA") 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. Chair Cann noted that CA4 requires a 4/5th vote and should indicate that it is for the 2013-14 Fiscal Year, and that CA12 should indicate that it is for Fiscal Year 2013-14. Public comment opened. Ruth Catalan requested clarification of the dollar amount in CA5. Public comment closed. Board of Supervisors July 22, 2014 Regarding CA5, Supervisor Carrier noted that this is an action being undertaken by Keith Williams, the County Clerk/Treasurer/Tax Collector, to refinance the loan for the fire engines and water tenders and will amount to approximately $600,000 in savings to the County over a nine year period, and that the amount saved will stay with the CSA3. Supervisor Carrier also thanked Mr. Williams and the CAO for being pro-active in the matter. Supervisor Cann noted that the cost to process the change will be $28,500. Supervisor Bibby noted, for the record, that the $28,500 is not in the budget projections, but will be built in to the budget if approved today; that a benefit will not be seen until next year; and she requested confirmation that the County Clerk, CAO, and Auditor are all in agreement on the matter. Rick Benson/County Administrative Officer affirmed off mic. Supervisor Bibby also required clarification that this will not change the repayment timeline. Mr. Benson noted that today's action is just to hire a consultant; that the new contract will keep the same term; and that this will cut the interest rate by more than half. Supervisor Cann required clarification of the time frame for completion. Mr. Benson responded, noting that the contract should come back to the Board at either the August 5th or August 12th meeting. Supervisor Stetson required verification that the consultant's fee will not be paid unless the contract moves forward. Mr. Benson affirmed. Supervisor Bibby required verification that the total cost of $28,500 is only paid if this goes through. Mr. Benson affirmed. Supervisor Jones emphasized that all leases and agreements need to be looked at closer. He also commended Keith Williams and the CAO for their roles in this. Supervisor Bibby thanked all of those who participated in this. Regarding CA7, Supervisor Jones discussed people in the valley cheating on the organic program, and inquired if the same happens in Mariposa County. Cathi Boze/Agricultural Commissioner advised that there is only one organic producer in the county, and noted that this also covers the farmers market; advised that they will be doing more inspections; and noted that there have not been any issues so far. Ms. Boze also discussed the application of the word "organic." Supervisor Carrier required clarification that all of the departments have gone through Human Resources for recommendations and approval on items CA9, CA10, CA13, CA19, and CA21. Sandra Laird/Administrative Analyst affirmed. RESULT: ADOPTED [UNANIMOUS] MOVER: Lee Stetson, District I Supervisor SECONDER: John Carrier, District V Supervisor AYES: Stetson, Jones, Bibby, Cann, Carrier CA1. Administration RES-2014-356 Resolution Continuing the Local Emergency Due to Landslides on Highway 140 En Route to Yosemite National Park CA2. Administration RES-2014-357 Resolution Continuing the Local Drought Emergency CA3. Administration RES-2014-358 Resolution Continuing the Local Emergency Due to the Wild Land Fire Known as the Rim Fire CA4. Administration RES-2014-359 Approve Budget Action for Fiscal Year 2013-2014 Reducing General Fund Contingency and Increasing the Indigent Defense Budget to Account for Greater Than Anticipated Conflict Counsel and Child Defense Expenses ($27,750) 4/5ths Vote Required Board of Supervisors July 22, 2014 CA5. Administration RES-2014-360 Approve an Agreement with Joshua Cooperman for Financial Advisors Service in Connection with the Refinancing of the County Service Area #3 (CSA #3) Fire Apparatus Lease Agreements, and Authorize the Board of Supervisors Chair to Sign the Agreement CA6. Agricultural Commissioner RES-2014-361 Approve the Pierce's Disease Control Program/Glassy-Winged Sharpshooter Agreement No. 14-0187-SF for FY 2014/2015 through 2015/2016 with the California Department of Food and Agriculture (CDFA), and Authorize the Board of Supervisors Chair to Sign the Agreement CA7. Agricultural Commissioner RES-2014-362 Approve Organic Program Cooperative Agreement No. 14-0256-SA for Fiscal Year 2014/2015 with the California Department of Food and Agriculture (CDFA), and Authorize the Board of Supervisors Chair to Sign the Agreement CA8. Community Services RES-2014-363 Approve Certificates of Compliance for the Veterans Affairs Subvention Program & Medi-Cal Cost Avoidance Program for Fiscal Year 2014-2015, and Authorize the Board of Supervisors Chair to Sign the Certificates of Compliance CA9. District Attorney RES-2014-364 Approve the Immediate Filling of a Deputy District Attorney I, II, III Position Within the District Attorney's Office CA10. District Attorney RES-2014-365 Authorize an Hourly Rate Increase for the Current Extra-Help Victim Witness Advocate Position from the Hourly Rate of $13.3760 to the Step Two Hourly Rate for a Full-Time Advocate of $14.0460 Effective July 1, 2014; and Authorize the District Attorney to Hire Future Extra-Help Victim Witness Advocates at Either the Step One Hourly Rate Which is Currently $13.3760 or the Step Two Hourly Rate Which is Currently $14.0460 CA11. District Attorney RES-2014-366 Approve the 2014-2015 Victim Witness Assistance Program (VW) Grant Application Administered through the State of California Office of Emergency Services (Cal OES) in the Amount of $85,871, Commencing July 1, 2014, through June 30, 2015; and Authorize the Board of Supervisors Chair to Sign the Grant Application CA12. District Attorney RES-2014-367 Approve Budget Action for Fiscal Year 2012/13 Transferring Funds Within the Victim Witness Budget to Purchase Two Microsoft Surface Pro 3 Tablets and Two Desk Chairs ($4,299) CA13. Fire RES-2014-368 Board of Supervisors July 22, 2014 Authorize the Filling of One Office Assistant II Position in the Fire Budget Effective Immediately CA14. Health RES-2014-369 Approve an Agreement with Marie Moran, DDS, for the Health Department's Specialized Dental Services Supporting the Children's Dental Health Program ($20,000), and Authorize the Board of Supervisors Chair to Sign the Agreement CA15. Health RES-2014-370 Approve an Agreement with Burney Stephens for the Health Department Dental Hygienist Program (Not to Exceed $15,000), and Authorize the Board of Supervisors Chair to Sign the Contract CA16. Human Services 2014-68 Accept the Resignation of Julia Crespi from the Mental Health Board CA17. Human Services 2014-69 Appoint Miranda Adams, Linda Brown, and Ronald Schmidt to the Mental Health Board for Terms Expiring on July 22, 2017 CA18. Human Services/Behavioral Health & Recovery Services RES- 2014-371 Approve a Memorandum of Understanding (MOU) with California Health and Wellness Plan to Coordinate Patient Physical and Behavioral Health Care Services, and Authorize the Board of Supervisors Chair to Sign the MOU CA19. Human Services/Social Services RES-2014-372 Authorize the Human Services Department to Promote an Employee into a Vacant System Support Analyst Position in the Behavioral Health Department, Effective August 1, 2014 CA20. Planning 2014-70 Appoint Carol Coyle and Forrest Robertson to the Wawona Town Planning Advisory Committee with Terms Expiring February 28, 2016 (Supervisor Carrier) CA21. Public Works RES-2014-373 Approve Filling an Equipment Operator-Solid Waste Position Immediately and Approve Underfilling a Maintenance Worker III-Solid Waste Position with a Maintenance Worker I/II-Solid Waste in the Solid Waste Division Effective Immediately and Until December 31, 2015 E. Board Recognitions 1. Agricultural Commissioner 2014-71 Proclaim the Week of July 21 - 27, 2014, as "California Invasive Weed Awareness Week"; and Receive a PowerPoint Presentation by Cathi Boze, Agricultural Commissioner No public input. Board of Supervisors July 22, 2014 Supervisor Jones commended Ms. Boze on her diligence with the programs. Chair Cann presented the Proclamation to Cathi Boze. Ms. Boze extended her thanks to the public and the Board for everyone's support and cooperation; provided a flyer on “Arundo Donax;” and gave a PowerPoint presentation on the same, with the assistance of Tina Buirch/Ag & Standards Program Tech II. RESULT: ADOPTED [UNANIMOUS] MOVER: Merlin Jones, District II Supervisor SECONDER: Janet Bibby, District III Supervisor AYES: Stetson, Jones, Bibby, Cann, Carrier F. Departmental Presentation For Items within the Jurisdiction of the Board and not on Today's Agenda Peter Rei/Public Works Director reported participating in a conference call yesterday with the Department of Water Resources (DWR), and advised that the DWR has put in some emergency drought regulations that are forecast to go into effect statewide next Monday, the basic goal of which being to save as much water as possible; and that the regulations will affect individuals, as well as large and small water systems. He also discussed the effects on individuals, noting that the rules include: not causing any water to run off of an individual’s property, or on to other people's property; not washing one’s car with a hose that does not have a nozzle that shuts off; not washing driveways; and no fountains that don’t use recirculating water. Mr. Rei noted that the State is now going to regulate such activities; that they are supposed to be enforced on the local level; and that there are no state resources being allocated to the local level for that enforcement. He also discussed that to have these regulations enforced by anyone other than law enforcement would require authorization of someone by the Board; noted that with water systems with 3,000 connections or less, irrigation is limited to a maximum of two days per week; and noted that the Board will need to pass some form of action either informing people, or with mandatory conservation measures, and that he will be bringing an item for same before the Board. Mr. Rei also cautioned that these regulations will be subject to normal Water Board protocols, i.e., infractions, notices of violations, and eventually fines. Supervisor Cann required clarification of whether anything in writing is expected from the Water Board. Mr. Rei responded, noting that there is already a written policy and that he has supplied it to County Counsel for review, and that he will distribute it to the Board, as well. Mr. Rei also noted that it will take additional action as the board of directors of the different community systems to regulate people to not be able to water more than two days per week. Supervisor Cann inquired if this is focused on community systems. Mr. Rei responded, noting that it will affect both community systems and individuals. Supervisor Bibby requested that copies of the policy be supplied to individual departments and MPUD. Mr. Rei affirmed, noting that he thinks MPUD was also a participant of the conference call. G. Public Comment on Non-Agenda Items For Items within the Jurisdiction of the Board and not on Today's Agenda (Speakers Limited to Five Minutes) Vickie Eiland began speaking regarding an indemnification policy for the Pedestrian and Equestrian Trails. Supervisor Cann advised that the time for that item is later in the agenda, and noted that Ms. Eiland will be able to provide input then. Kathy McCorry announced that the Business Expo last Wednesday was sold out; reported that the Chamber has completed its new website at mariposachamber.org, noting that each business has its own page; and advised that the new phone app will go live Board of Supervisors July 22, 2014 within the next few weeks. H. Board Information Supervisor Stetson reported attending: a Wednesday afternoon meeting with Brian Focht, the Fire Chief, and Supervisor-Elect Smallcombe regarding fire issues in Midpines; and the special meeting of the board on Friday regarding the IRWMP grant process. He advised that he will be attending a meeting with Caltrans and Planning on Monday at 9:00 AM regarding the Ferguson Slide aesthetic committee; and he noted that he spoke with Grace Magsayo yesterday and the contract won't be finalized until September at the earliest, with rock removal not beginning until March or April of 2015, and completion not expected until 2018. Supervisor Stetson also advised that he will also be attending the YARTS meeting in Mono County on Monday at 1:00 PM. Supervisor Jones discussed the drought, noting that the black oaks are dropping leaves and acorns. He also noted speaking with the CSD chairman on Sunday, and reported that the level at Lake McClure continues to drop and is within 60 feet of the level that will exempt it from federal rules requiring water releases. Supervisor Jones reported attending: the Greeley Hill Community Club meeting on Tuesday; a Wednesday meeting with Terry Selk and some people in Coulterville regarding tourism and the visitors centers; a meeting on the 17th with Building regarding the courthouse and some of the repair issues; a meeting with the Chamber of Commerce, the Visitors Center, and Supervisor Cann; and the special board meeting on the 18th, and he discussed the ramifications should a grant be awarded. He also reported spending most of the day in Coulterville on the 19th learning about the history of the area. Supervisor Bibby reported attending: a meeting with Human Services on the 15th, noting that they are implementing some good changes; the special board meeting on the 18th; and the Mother Lodge Job Training meeting yesterday in Sonora, noting it is critical to find some private sector representatives for the Workforce Investment Board. Supervisor Bibby also provided an update that the restrooms in McCay Hall are closed again due to the silt in the water; noted that Public Works has been working on the issue, and urged patience with the matter. Supervisor Carrier reported: attending the Wednesday meeting in Lushmeadows; stopping by the Integrated Weed Management presentation in Catheys Valley on Wednesday; and attending the Wednesday Chamber of Commerce Business Expo. He also reported on his attendance at the Yosemite Sequoia Resource Conservation Development area meeting on Thursday, noting that he believes that Madera County is considering a moratorium on all new Ag wells; discussed a planned development around Valley Children's Hospital that has to prove the water balance and sustainability before the project can move forward; and reported that Bass Lake is down 17 feet and is at the lowest level it has ever been. He also reported that Madera County is working on its IRWM update plan so that they can also submit grant applications for the drought grant funds that are becoming available; reported that PG & E announced that they were putting some money aside for fuel breaks and fuel reductions to protect community and utility assets and that our Fire Safe Council has been tentatively notified that they will be receiving $60,000. Supervisor Carrier also reported: attending the special board meeting on the 18th regarding the IRMP grant application; attending the Fish Camp Planning Advisory meeting on Saturday, where the planning committee approved the expansion of the Timberloft pizzeria; attending the Fish Camp Fire Rescue meeting on Saturday; participating in the conference call with the Water Board yesterday; and attending a meeting with the Human Services Director and Supervisor Cann yesterday. Supervisor Carrier advised that he will be attending: the IRWM Plan meeting on Wednesday; the Bootjack Volunteer Fire Department pancake breakfast on Saturday; and the YARTS board meeting in Mono County on Monday. He also advised that the U.S. Ag Secretary has proclaimed August 3rd - 9th as National Farmers Market Week; and extended thanks to Jeff Davis, the USDA Board of Supervisors July 22, 2014 Trapper in our area for his work addressing skunk and raccoon problems in Ponderosa Basin. Supervisor Bibby extended her thanks to PG & E for their expediency in resolving a recent, large power outage in her area. Supervisor Cann discussed the housing development by Valley Children's Hospital. He reported attending: a final meeting with Public Works on the Regional Watershed Drought Plan, noting that the grant application which was the subject of the July 18th special meeting was handed to the Department of Water Resources yesterday; the Chamber Business Expo, noting that it was very successful; and a Wednesday night meeting with the Rotary Club District Governor, noting some of the projects that have occurred in the area, as well as extending thanks to all of the service groups in the area. He also reported attending: the Central Sierra Economic Development meeting on Thursday, and noted that Mono County is looking at joining; a Friday meeting with the Chamber of Commerce and Supervisor Jones, noting that it started off being about the north county visitor center but ended up being a good discussion regarding all things concerning the visitors centers; the Economic Development Corporation annual strategy planning meeting on Sunday, and reported that they had some representatives there from the UC Merced who reported that there are about 49 people from Mariposa working there, and that they use Mariposa in their recruitment process; and a Monday meeting with the Human Services Director and Supervisor Carrier regarding homeless issues and challenges. Supervisor Cann advised that he will be attending: a Rural County Representatives of California (RCRC) Executive Committee meeting tomorrow in Sacramento; a Friday meeting with a developer, a Housing and Urban Development (HUD) specialist, and numerous department heads regarding subsidized senior housing; and the 100th Anniversary Celebration of the UC Cooperative Extension on Saturday at the Fairgrounds. Recess Board of Supervisors I. WATER AGENCY BOARD (Chair - Commissioner Kevin Cann, Vice-Chair - Commissioner John Carrier) Water Agency Regular Agenda 1. County Counsel (ID # 3790) Approve a Contract for Services with Mariposa Public Utility District (MPUD) to Provide Consultation and Advisory Services to the Water Agency Regarding Merced Irrigation District (MID) Federal Energy Regulatory Commission (FERC) Re-Licensing and Related Water Issues, and Authorize the Water Agency Board Chair to Sign the Agreement County Counsel recommended that this item be withdrawn to allow the Water Agency time to review it. RESULT: WITHDRAWN Adjourn Water Agency Board J. Reconvene as Board of Supervisors Board of Supervisors July 22, 2014 K. Regular Agenda Items 1. Board of Supervisors (ID # 3770) Discussion and Possible Direction Regarding Request to Indemnify Property Owners in the Lake Don Pedro Subdivision with Pedestrian and Equestrian Trails on Their Property (Supervisor Jones) Supervisor Jones gave the staff report noting that this is not a new issue; clarified that today will only be discussion and direction; discussed the limitations to communications between the supervisors due to the Brown Act; and discussed limited funds on the County level. Public comment opened. Vickie Eiland noted her support of the indemnification of the Pedestrian and Equestrian easements; and read a letter from Terrie Booten of the Lake Don Pedro Trailblazers which discussed the Trailblazers’ support of this issue. Mary Anne Taylor/Lake Don Pedro resident urged consideration of indemnification; stated that counties enjoy legal immunity from liability and that there is virtually no risk exposure; stated that, according to the Attorney General, providing indemnification serves a public purpose; remarked that precedent has already been set by other counties and public entities; stated that the insurance and legal climates today are different from when the Lake Don Pedro subdivision was created; noted that insurance for Lake Don Pedro trails is complicated, costly, and frequently unavailable to property owners; remarked that California Civil Code Section 846 doesn't protect the property owner from upfront litigation costs; and discussed each point. Christina Hansen/Lake Don Pedro resident and Trailblazer corrected that she believes that, of the over 120 miles of trails, one hundred of them are located in Tuolumne County, with the remainder being in Mariposa County. David Taylor/Lake Don Pedro resident discussed the item's accompanying memo from the County Administrative Officer and County Counsel, acting as Interim Risk Manager, recommending not granting the request; read the background information from an agenda action item from May 6, 2008, which discussed that, over the years, people purchased lots without realizing the location of trails; showed a map from his property purchase in 1978 that didn't show any trails; discussed the liability of pools; noted that they need indemnity to be able to sell their properties; again referred to the accompanying memo from the CAO and County Counsel, and read language from an indemnity proposal. Public comment closed. The Clerk read a letter from Sally Schauf Punte into the record. Supervisor Jones noted that he does support the indemnification of the trails, but noted that there is a liability to the County; noted that he contacted realtors to see if the trails impact the value of the property and received conflicting responses; noted that he did not have any problems acquiring liability insurance; discussed Civil Code §846, noting that he has never been sued; discussed some of the financial constraints under which the County is currently operating; noted that comparisons can’t be made between Mariposa and Tuolumne counties, and referenced the Amador Plan which is paid for by Tuolumne County in that county, while the residents pay for it in Mariposa County; noted that information obtained last night causes him to want more time to investigate the matter; noted that the timing is not good right now; noted that he does support indemnification of the trails down there; remarked that he wants to get all of the past records; and stated that he would like to bring this back in the future. Supervisor Stetson required clarification from County Counsel as to whether indemnification will require maintenance of those trails. County Counsel noted that his recommendation as Risk Manager is that if the County wishes to provide indemnification, Board of Supervisors July 22, 2014 then it should be responsible for the maintenance, as well. Supervisor Bibby required clarification from County Counsel of how that works with encroachments for the trails. County Counsel responded that the County already has the responsibility, by board resolution, to deal with encroachments. Supervisor Bibby noted that she would like to see what the original agreement with Boise Cascade said, and have it reviewed by County Counsel. County Counsel responded that he has that document. Supervisor Bibby inquired if County Counsel had the document when he made his recommendation. County Counsel affirmed. Supervisor Bibby noted that she has to agree with County Counsel as the Risk Manager; discussed litigation costs; discussed her concerns that if things are indemnified, people may feel that they can lower their guard on maintenance; and suggested watching and reviewing information as it comes in. She also inquired of the name of the subdivision in Tuolumne County that was referenced. CAO responded that he didn't know the name. Supervisor Jones recommended that more research be conducted, and that the matter be brought back as an action item; remarked that he would like more background information; and remarked that if the County indemnifies for the trails, then it would be required to maintain them. County Counsel noted that such trail maintenance would not be a requirement but would be up to the Board to determine, but that it is a best practice to limit liability risk. Supervisor Jones remarked that it might cost more. Peter Rei affirmed from the audience. Supervisor Jones required clarification of whether the matter should be brought forward. Chair Cann responded that the Board will look to Supervisor Jones, who can initiate an item at any time. Supervisor Jones noted that he will bring an item back in the future. Supervisor Bibby noted that if homeowners have information, it would be beneficial if they could supply it. She also required clarification that the County is self-insured up to $100,000. CAO affirmed off mic. RESULT: DIRECTION GIVEN Recess 10:44 AM Chair Cann recessed the meeting, and reconvened at 10:54 AM.
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Board of Supervisors (ID # 3979) Court Appointed Special Advocates (CASA) of Mariposa County - Presentation Regarding CASA's Mission, Recent Transition and Partnership with the Alliance for Community Transformations, and Upcoming Fundraising and Community Awareness Event on October 4Th (Caroline Fruth) Caroline Fruth, Executive Director of CASA, gave a presentation, noted they recruit, train and support volunteers for foster youth, and stated their mission is to advocate for safe and permanent homes for foster children and to address their education and health care and other urgent needs while helping them develop permanent connections to their community. She discussed the volunteer advocates and the foster children and all the programs available to the children and young adults. She provided background and history of the Alliance for Community Transformations and encouraged anyone with questions to come to her office any time and she would be happy to share additional information and answer any questions. She informed the Board that on October 4th at the fairgrounds, they will be holding a fundraiser to build community awareness, recruit new advocates, and raise funds so they can continue to grow and eventually support all of Mariposa’s foster youth. She noted that the fundraiser will be catered by BB’s Catering, tickets are $40 each and she has some with her today if anyone is interested. Supervisor Bibby commended Caroline for her fantastic job and noted that she and Supervisor Stetson had the opportunity to meet with some of the foster care leaders, she looks forward to spreading the word, and is excited that legislation extended the age to 19.
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Administration RES-2014-472 Approve the Response of the Board of Supervisors to the 2013-2014 Mariposa County Grand Jury Final Report and Direct the County Administrative Officer to Transmit the Response to the Presiding Judge of the Mariposa County Superior Court Rick Benson, CAO, gave staff report and explained the process of the response. Public comment opened. Ron Iudice/Grand Jury Foreman, thanked the Board and departments for their time, recommended the Board approve this item, and clarified that the homeless situation was to bring it to the Board’s attention before it becomes an issue. Marshall Long, reported an issue in formatting and pagination in the packet. Rick Benson responded. Public comment closed. Supervisor Bibby thanked the Grand Jury for taking the time in identifying these issues and discussed the homeless issue, housing adequacy, fire safe structures, etc. and noted that it would be beneficial to the County to follow all of the rules and regulations. Supervisor Jones thanked the Grand Jury for their time and diligence. Supervisor Cann said that he agrees in regards to the homeless issue and believes the Grand Jury has cause for motivating the County to deal with the issue as a team and not one department at a time. RESULT: ADOPTED [UNANIMOUS] MOVER: Merlin Jones, District II Supervisor SECONDER: Janet Bibby, District III Supervisor AYES: Stetson, Jones, Bibby, Cann, Carrier
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Administration (ID # 3998)
R6:
Human Resources/Risk Management RES-2014-473 Approve a Contract for Services with Peckham & McKenney, Inc. to Conduct an Executive Search for the Positions of County Administrative Officer, Director of Public Works, County Health Officer and Human Resources Director/Risk Manager in an Amount Not to Exceed $88,000 and Authorize the Board of Supervisors Chair to Sign the Contract; Approve Budget Action Reducing General Contingency in Order to Fund the Contract ($88,000). 4/5ths Vote Required Steve Dahlem, County Counsel, gave a staff report and background on previous processes and recommended approving an agreement with Peckham & McKenney, Inc. to conduct an executive search for the positions of County Administrative Officer, Director of Public Works, County Health Officer and Human Resources Director/Risk Manager. Board of Supervisors September 9, 2014 Public input: None. Under discussion Supervisor Bibby expressed concern that the firm will most likely come back requesting pay increases, and noted that she is hopeful this will yield candidates. Supervisor Cann believes this is what we need. Supervisor Bibby noted that the Interim Public Works Director feels strongly about this and she recommended support. RESULT: ADOPTED [UNANIMOUS] MOVER: Merlin Jones, District II Supervisor SECONDER: Lee Stetson, District I Supervisor AYES: Stetson, Jones, Bibby, Cann, Carrier N. Items removed from Consent Agenda None. O. Closed Session No public or board comment on any items. 3:25 PM The Board recessed to closed session.
R16:
This Item was Considered Separate from the Consent Agenda CA17. Fire RES-2014-457 Adopt a Resolution Accepting the 2014 Homeland Security Grant Program (HSGP) through the California Office of Emergency Services (Cal OES); Approve Budget Action Increasing Revenue and Appropriations in the Fire Special Grants Budget to Recognize the Grant Funding ($93,484) 4/5ths Vote Required CA18. Health (ID # 3980) Information on Water System Failure Response Plan (Phase 2 of Drought Preparedness Plan Discussed July 15, 2014) Board of Supervisors September 9, 2014 CA19. Human Services 2014-77 Accept the Resignation of Kelsey Foraker from the Alcohol and Drug Abuse Advisory Board CA20. Human Services RES-2014-458 Authorize the Overfill of a Mental Health Assistant I Position in the Mental Health Services Act (MHSA) Fund by Promoting an Employee into This Position Effective Immediately CA21. Human Services RES-2014-459 Approve the Recruitment and Filling of a Vacant Office Assistant II Position in the Human Services Administration Budget Effective September 10, 2014 CA22. Human Services/Behavioral Health & Recovery Services RES- 2014-460 Approve an Agreement with Michael Bishop, Ph.D., LMFT to Provide Consulting and Program Review Services for Mariposa County Behavioral Health, and Authorize the Board of Supervisors Chair to Sign the Agreement CA23. Human Services/Behavioral Health & Recovery Services RES- 2014-461 Approve a First Amendment to the Professional Services Agreement with Sonja Kim Suderman, LCSW Increasing the Not to Exceed Amount to $20,000 and Adding Additional Consultation Areas to the Scope of Work, and Authorize the Board of Supervisors Chair to Sign the First Amendment CA24. Human Services/Behavioral Health & Recovery Services RES- 2014-462 Approve Agreement 14-90328 with the State Department of Health Care Services Authorizing Mariposa County Behavioral Health to Provide Community Mental Health Services and Setting Forth Conditions and Requirements that the County Must Meet in Providing Those Services, and Authorize the Human Services Director to Sign the Agreement and Any Subsequent Amendments (Subject to County Counsel Review and Approval as to Form) CA25. Planning 2014-78 Accept Resignation and Recognize Cindy Carson for Her Service to the Historic Sites and Records Preservation Commission CA26. Planning RES-2014-463 Authorize the Overfilling of One Secretary Position in the Planning Department Effective Immediately to Allow for Training as the Incumbent Secretary is Retiring Effective October 31, 2014 CA27. Probation RES-2014-464 Authorize the Board of Supervisors Chair to Sign a Letter of Intent to Accept State Grant Funding Pursuant to the Budget Act of 2014 (Chapter 25, Statues of 2014) Board of Supervisors September 9, 2014 CA28. Probation RES-2014-465 Authorize the Probation Department to Hire an Extra-Help Deputy Probation Officer II (Grade 507) at the Step 5 Hourly Pay Rate of $25.57 CA29. Public Works (ID # 3860) Request to Change the Regular Days of Operation for the Mariposa County Landfill from Thursday through Monday to Tuesday through Saturday Effective November 2, 2014, Change the Transfer Station Days of Operation to be Closed on Sundays; and Rescind Resolution 12-587, Holiday Schedule for the Solid Waste Division Personnel CA30. Public Works 2014-79 Accept the Resignations of Bill Kinsella and Jeanne Jenkins from the Pedestrian and Equestrian Trails Advisory Board CA31. Public Works RES-2014-467 Approve a Professional Services Agreement with CH2MHILL for Bridge Design Services for the Replacement of the Darrah Road Bridge (Bridge No. 40C0033) in the Not to Exceed Amount of $291,298.36 and Authorize the Board of Supervisors Chair to Sign the Agreement CA32. Public Works RES-2014-468 Abandon a Portion of the Public Utility Easements Within Lots 109 & 110 of Unit No. 2, Lushmeadows Mountain Estates and Accept Offer of Dedication of New Public Utility Easements Within Lots 109 & 110 Items Considered Separately District Attorney RES-2014-469 Approve the Immediate Recruitment and Filling of a Legal Secretary I/II Position in the District Attorney Prosecution Budget Regarding CA16, Steve Dahlem/County Counsel, provided additional information stating that originally the request was that the Board approve the recruitment and filling of vacant Legal Secretary I/II position in that office, however that department has decided to promote from within and has requested to revise that item to the following: approve the promotion of the Senior Office Assistant to fill the vacant Legal Secretary I/II position in the District Attorney’s budget. This is as requested by the DA’s office and approved by the Human Resources Department. RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Lee Stetson, District I Supervisor SECONDER: Merlin Jones, District II Supervisor AYES: Stetson, Jones, Bibby, Cann, Carrier E. Board Recognitions
* This report's PDF did not contain easily extractable text and required Optical Character Recognition (OCR) for analysis. There may be minor errors in the extracted findings and recommendations due to OCR limitations with scanned documents.