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Time Description 9:08 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Introductions – Chair Bibby introduced the new CHP Commander, Dave Price, and he advised that he is looking forward to being here. Public Presentation: For Non-Timed Agenda Items including Attention, Information, and Consent Agenda, and for Items Not on the Agenda Jacque Meriam, Librarian, advised of a leak with the fire sprinkler system at the Library due to the freezing weather, and she thanked Public Works and Jericho Fire Sprinkler Service for their assistance. Jim Middleton, Deputy Fire Chief, provided a status report on the damages to facilities (Catheys Valley Fire station, MPUD station, and Masonic Lodge) as a result of the freezing weather, and he thanked CDF for their assistance. Dana Hertfelder, Public Works Director, provided a status report on damages to the County facilities as a result of the freezing weather. He thanked the Sheriff’s Office for assistance. He advised that all of the park bathrooms were closed except for the one at Catheys Valley Park due to damage or potential damage as a result of the freezing weather. Chair Bibby thanked Public Works, law enforcement, Fire and CDF and the volunteers for their assistance. Chair Bibby; Kome Ajise, CalTrans District 10 Director and Dave Martin, National Forest Service - District Ranger; Discussion Regarding the Status of the Ferguson Rock Slide BOARD ACTION: Kome Ajise briefly reviewed the history of the slide and the work that has been done; and he advised of the four permanent fix alternatives that they are reviewing: 1) remove the slide material; 2) construct a rock shed; 3) realign the Highway to the North East; and 4) realign the Highway with a tunnel. As an estimate of timeframes, he advised that they hope to have a draft environmental document by September 2007, with a final document in March 2008, and to start construction in January 2009, based on the alternative of realigning the Highway to the North East. Discussion was held. It was noted that CalTrans is the lead agency for CEQA, and the Federal Highway Administration is the lead agency for the NEPA process; and there are several permitting requirements and agencies involved. Supervisor Turpin asked about addressing the future potential of the slide blocking the River; and he was advised that the Highway would be designed at a higher level. Supervisor Turpin asked about increasing the turning radius for the temporary bridges to accommodate longer vehicles. Kome Ajise advised of CalTrans’ review of this matter, and they feel it could take a year or more and cost one to two million dollars to accommodate up to a 36-foot vehicle length. Chair Bibby called for input from the public and none was received. Further discussion was held. Dave Martin provided input relative to the Forest Service review of Section 7 of the Wild and Scenic Rivers Act concerning this project; and he provided a status report on their monitoring systems for the slide. Discussion was held. Jerry DeGraff, Forest Geologist, provided a status report on the activity of the slide and relative to their monitoring of the flow of the Merced River. He advised that status reports are posted to the web at: www.fs.fed.us/r5/sierra/conditions. Chair Bibby called for input MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA January 16, 2007 ---PAGE BREAK--- 2 1-16-07 from the public, and none was received. She invited both agencies to come back and provide periodic status reports. Linda Dahl, Chief Planner, and Jen Nersesian, Planner, appeared on behalf of Mike Tollefson, Yosemite National Park Service Superintendent; Discussion Regarding the Status of Planning and Schedules of Projects in the Park BOARD ACTION: Linda Dahl and Jen Nersesian provided an update on the Merced Wild and Scenic River Comprehensive Management Plan/Environmental Impact Statement and the status of the court orders on this Plan. They also provided input on the Plan for the Tuolumne River; and advised that they have been served with a lawsuit on the Yosemite Valley Plan. Discussion was held relative to the potential of failure of the El Portal Road (Pohono Bridge area) as a result of the 1997 flood and the lawsuit. The Board was assured that the Park Service is doing everything it can on this project, and emergency measures can be taken if necessary. Discussion was held relative to the cost of re-doing the Merced River Plan. Input from the public was provided by the following: Dick Hutchinson asked for clarification of whether there is a potential if a worst case catastrophic failure of the El Portal Road occurred that it could sever the main sewer line that serves Yosemite Valley and that would mean shutting down the Park. That Park planners advised that they would not let that occur. Supervisor Pickard asked whether the Superintendent has any emergency authority in this matter, and was advised that he does, if needed. Shirley Schmelzer stated she does not feel that the environmental lawsuit interferes with any emergency repairs. Linda Dahl stated she feels that in the last round of the lawsuits on the Merced River, they were asked to stop emergency repairs by the plaintiffs. No action was necessary. Board Information – none. Approval of Consent Agenda (See End of Minutes) BOARD ACTION: Supervisor Turpin pulled items 4 and 6. Supervisor Aborn pulled item 8. Supervisor Bibby pulled items 2 and 4. (M)Fritz, (S)Pickard, the balance of the items was approved/Ayes: Unanimous. Consent Agenda item 2 – disband the Deferred Compensation Advisory Committee. Supervisor Bibby asked for clarification that this does not affect the MOU’s with the bargaining units. Rick Benson, County Administrative Officer, stated he would review this matter, and the item was continued to January 23, 2007. Consent Agenda item 4 – agreement with Richard Hill Trucking for removal of illegally stored materials from a property. Supervisor Turpin asked about the list of things to be addressed. Mach Myovich, Code Compliance Technician, and Kris Schenk, Planning Director, responded to questions from the Board. (M)Turpin, (S)Fritz, item 4 was approved/Ayes: Unanimous. Consent Agenda item 6 – amendment to the agreement with Central Valley Opportunity Center to provide weatherization services. Janet Gass, HDS/Contract Administrator, responded to questions from the Board and advised that this program does not provide assistance for damages to water lines and pumps as a result of the recent freezing weather. She is looking at other programs for this. Supervisor Turpin asked that she keep the Board informed of the status. (M)Turpin, (S)Pickard, item 6 was approved/Ayes: Unanimous. Consent Agenda item 8 – budget action for the development of a drainage study for Coulterville. (M)Fritz, (S)Turpin, item 8 was approved/Ayes: Unanimous. Rick Benson, County Administrative Officer; Approve the 2007 Civil War Re-Enactment on Frank Long’s Property as a County Sponsored Event for Liability Insurance Purposes BOARD ACTION: Rick Benson advised that the National Civil War Association is planning to hold a re-enactment in the County in April 2007 (April 28-29). Leroy Radanovich, Interim Tourism ---PAGE BREAK--- 3 1-16-07 Coordinator, and Frank Long, property owner, provided input relative to the event and coordination with the agencies. Supervisor Bibby asked that progress reports be provided to the Board and asked for assurance that the Assemblage Permit would be obtained. She asked whether this is a permissible event on Williamson Act contracted land. Kris Schenk, Planning Director, advised that there would be no planning permits required, and since there are no permanent structures for the event, they do not see any conflicts. Supervisor Fritz noted that there will be no alcohol served at the event, and they are working with the schools with an additional day of activities. Input from the public was provided by the following: Paul Chapman stated that this is Williamson Act contracted land and he does not feel that this is an ag activity. He does not feel that the County should be a part of something that could bring more litigation, and he expressed concern with costs and nuisance impacts. Frank Long provided input on the history of the Williamson Act and its purpose; and he provided input on the event, and advised of the needs for volunteers to help. (M)Fritz, (S)Turpin, Res. 07-15 was adopted approving the 2007 Civil War Re-Enactment on Frank Long’s property as a County sponsored event for liability insurance purposes. Supervisor Bibby clarified that approval is contingent on all of the proper permits being obtained. Ayes: Unanimous. 11:18 a.m. Recess 11:30 a.m. Rick Benson, County Administrative Officer; Presentation by Daniel C. Smith and Associates on the Capital Improvement Program and Impact Fee Ordinance, Department Data Summaries Space Requirements Analysis and an Update on the Next Step of the Study BOARD ACTION: Daniel C. Smith gave a presentation on the department data summaries space requirements analysis, and he advised that he would like to have all comments or questions from the departments be the end of this month. Discussion was held. Chair Bibby called for input from the public and none was received. Daniel Smith advised that he will include specific dollar amounts in the analysis. Gail Neal, Chief Probation Officer; Establish a Revenue and Recovery Department under the Auspices of the Probation Department for the Collection of Fines, Fees, Restitution and other Financial Obligations from Criminal Offenders Pursuant to the Comprehensive Collections Program BOARD ACTION: Discussion was held with Gail Neal, and she noted that the Revenue and Recovery function will be a division versus a department; and she reviewed the program. Superior Court Judge Walton provided input relative to the program, and he advised that the grant funding is to provide start-up costs for the program and then it will be self-supporting. Supervisor Pickard clarified that the General Fund will not sustain this program. Chair Bibby called for input from the public and none was received. (M)Pickard, (S)Fritz, Res. 07-16 was adopted establishing the Revenue and Recovery Division for the collection program as requested; accepting funding in the amount of $60,000 to begin the program; and direction was provided for a separate account to be established. Supervisor Bibby expressed concern with the proposal. Discussion was held relative to the account tracking system; and it was clarified that if the program is not self-supporting, the position(s) assigned to the program would go away. Ayes: Aborn, Turpin, Fritz, Pickard; Noes: Bibby. 12:42 p.m. – LUNCH 1:38 p.m. Jacque Meriam, Librarian; Approve Budget Action Accepting Unanticipated Additional Revenue from the State Public Library Fund and Increasing Appropriations in the Library Budget, Reinstatement of the Saturday Library Hours Beginning January 28, 2007 ($4,173) (4/5ths Vote Required) BOARD ACTION: Jacque Meriam advised that the sprinkler system in the Library is leaking again, and Public Works is working to resolve the problems. Discussion was held with Jacque Meriam ---PAGE BREAK--- 4 1-16-07 relative to her request. Chair Bibby called for input from the public and none was received. (M)Pickard, (S)Aborn, Res. 07-17 was adopted approving the requested actions/Ayes: Unanimous. Rick Benson, County Administrative Officer/Dana Hertfelder, Public Works Director; Approve the State of California Resources Agency Grant Agreement #R81606-0 in the Amount of $300,000 for the Mariposa Creek Parkway Acquisition and Authorize the County Administrative Officer to Sign the Agreement and Approve Budget Action Accepting Grant Revenue and Increasing Appropriations ($300,000) (4/5ths Vote Required) BOARD ACTION: Discussion was held with Marilyn Lidyoff, Administration-Business Development Coordinator, relative to the project. Dana Hertfelder provided input relative to the grant for the environmental design work and construction, and he advised that there are no matching funds required. Chair Bibby called for input from the public and none was received. (M)Pickard, (S)Fritz, Res. 07-18 was adopted approving the request/Ayes: Unanimous. Dana Hertfelder, Public Works Director; Discussion and Direction to Staff Concerning Fee Increases for Water and Sewer Service in the Coulterville Service Area BOARD ACTION: Discussion was held with Dana Hertfelder, and he advised that Coulterville is the only district that does not receive any property tax revenue and it is repaying a loan to the Water Agency for construction of the facility. Carl Casey, Public Works Administrator, reviewed the status of the fees and the budget for the District, and what would be necessary to reach their goal for the District to be self-supporting. Dana Hertfelder noted that they plan to start looking at CPI increases in the fee structure. Rick Benson, County Administrative Officer, provided input on the Proposition 13 process. Supervisor Pickard suggested that consideration could be given to holding a special meeting in Coulterville to obtain input from the community on this matter, and that the Advisory Committee be involved in this process first. Supervisor Turpin stated he feels that other options need to be explored, such as trying to designate a percentage of the property tax for the District; and he expressed concern with service calls that are charged to the District that turn out not to be District issues. Dana Hertfelder advised that there is no mechanism to charge the calls that turn out to not be a District problem. Rick Benson stated he could research the property tax issue. Input from the public was provided by the following: Ruth Catalan stated she would like information on the average costs for the commercial and residential uses. Carl Casey responded with the information on the average costs. Supervisor Turpin stated he feels that the hook-up fees need to be addressed. The Board concurred with Supervisor Turpin working with staff and with bringing the membership current on the Advisory Committee for the Committee to review and provide input on this matter; and with direction for a recommendation to be brought back to the Board for moving forward. Discussion and Possible Further Action Regarding Continuation of the Local Emergency Due to Landslides on Highway 140 Enroute to Yosemite National Park (County Counsel/County Administrative Officer) BOARD ACTION: Rick Benson, County Administrative Officer, advised of a conference call held on January 11th relative to this project. He advised of discussion of the issue that former Supervisor Stetson brought up relative to safety for the bicycle riders, and CalTrans is willing to look at signage reminding the motorists to share the road with the cyclists. (M)Pickard, (S)Turpin, Res. 07-19 was adopted finding the local emergency due to the landslides on Highway 140 enroute to Yosemite National Park continues to exist, and continuing the local emergency based on the findings/Ayes: Unanimous. Authorize the Chairman of the Board of Supervisors to Sign a Letter Requesting Participation of a Mariposa County Board of Supervisor on the San Joaquin Valley Rail Committee (Supervisor Aborn/Supervisor Fritz) BOARD ACTION: Supervisor Fritz advised that she attended the San Joaquin Valley Rail Committee meeting with Supervisor Aborn. She initiated discussion relative to the draft letter requesting ---PAGE BREAK--- 5 1-16-07 representation for the County on the San Joaquin Valley Rail Committee, and she requested a change to reflect a request for two voting members from the County to be on the Committee. (M)Pickard, (S)Aborn, Res. 07-20 was adopted approving the letter with the change/Ayes: Unanimous. Discussion and Possible Selection of a Board Member and/or County Representative(s) to Participate in the Yosemite Gateway Socioeconomics Workshops (Chair Bibby) BOARD ACTION: Supervisor Fritz advised that she and Supervisor Aborn have been attending the Gateway meetings. (M)Turpin, (S)Pickard, Supervisors Aborn and Fritz were selected to represent the County at the workshops/Ayes: Unanimous. Discussion and Approval of the County’s 2007 Legislative Platform (County Administrative Officer) BOARD ACTION: Rick Benson, County Administrative Officer, reviewed the request. (M)Pickard, (S)Turpin, Res. 07-21 was adopted approving the Platform/Ayes: Unanimous. CLOSED SESSION: Liability Claims; Claimant Name: Michael McCutchen; Claim Number: C06-17; Name of Agency Sued: County of Mariposa (County Administrative Officer) BOARD ACTION: This closed session was not held. CLOSED SESSION: Conference with Real Property Negotiator; Description of Real Property: Juanita Moore/SPCA Property Located on Corner of Bullion Street; Agency Negotiator: Thomas P. Guarino (County Counsel); and BOARD ACTION: This closed session was continued to January 23, 2007. 2:39 p.m. CLOSED SESSION: Conference with Legal Counsel: Existing Litigation: California Government Code Section 54956.9(a); Name of Claimant or Case Number and Name of Adverse Parties: WCAB No.: FRE 0227960 Bryce Johnson v. County of Mariposa (County Administrative Officer/Personnel Director) BOARD ACTION: (M)Pickard, (S)Aborn, the closed session was held/Ayes: Unanimous. 2:51 p.m. Chair Bibby announced that information was received and that no action was taken as a result of the closed session. CONSENT AGENDA: CA-1 Approve Amendment to the Medical Malpractice Program Memorandum of Understanding (MOU) with the California State Association of Counties (CSAC) Excess Insurance Authority (EIA) and Authorize the County Administrative Officer to Sign the MOU (County Administrative Officer); Res. 07-9 CA-2 Disband the Deferred Compensation Advisory Committee due to Great Western Savings Merging with Nationwide and the CalPERS 457 Program Becoming Available (County Administrative Officer); Matter was continued to January 23, 2007, for additional information. CA-3 Adopt a Resolution Rejecting Claim No. C06-17 filed by Michael McCutchen for $545.03 and Authorize the Chairman of the Board of Supervisors to Sign a Notice of Rejection (County Administrative Officer/Risk Manager); Res. 07-10 CA-4 Approve an Agreement with Richard Hill Trucking for Removal of Illegally Stored Materials from a Property in Coulterville and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Planning Director); Res. 07-12 ---PAGE BREAK--- 6 1-16-07 CA-5 Approve the Membership Certification for the Mariposa Local Child Care Planning Council and Authorize the Chairman of the Board of Supervisors to Sign the Membership of Certification (Human Services Director) CA-6 Approve an Amendment with Central Valley Opportunity Center (CVOC) to Provide Weatherization Services in the Homes of Low Income Residents and Authorize the Chairman of the Board of Supervisors to Sign the Amendment (Human Services Director); Res. 07-13 CA-7 Approve the 2007 Low Income Home Energy Assistance Program (LIHEAP) Agreement 07B-5423 and Authorize the Human Services Director to Sign the Agreement; 2) Accept an Advance of $40,000 in Anticipated Revenue from LIHEAP Agreement 07B-5423 and 3) Authorize Human Services to Continue to Coordinate the Weatherization Portion of the Program with the Central Valley Opportunity Center (CVOC) (Human Services Director); Res. 07-11 CA-8 Approve Budget Action Accepting Grant Revenue of $35,000 and Reducing General Contingency by $2,800 and Increasing Appropriations in the Amount of $37,800, Regarding the Development of a Drainage Study for the Town of Coulterville (4/5ths Vote Required) (County Administrative Officer/Public Works Director); Res. 07-14 CA-9 Re-appoint Bob Rudzick as the District III Representative to the Mariposa County Planning Commission, with a Term Expiring on December 31, 2010 (Chair Bibby) 2:52 p.m. Adjournment in memory of Marianna Johnson Lauritzen, Alan R. Wilson, and Fred Foster. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board