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MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA February 8, 2005 Time Description 9:03 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Introductions Rich Inman, County Administrative Officer; Presentation by Laura Whitehouse of National Parks Conservation Association and Adopt a Resolution Entitled, “Mariposa County Board of Supervisors Resolution in Support of Americans for National Parks” BOARD ACTION: Laura Whitehouse gave a presentation of her organization and the projects that they are working on; and she advised of the request for the Board to adopt a resolution in support of efforts to increase funding for the National Parks. She provided information on the status of the Federal budget for the National Parks. Discussion was held relative to the request; including issues relative to the legislation to support the schools in Yosemite National Park, and access and camping in the Park; and finances for the organization, including the Centennial Act. Discussion was held relative to changes that occur as a result of Park improvements and addressing accommodation for motor homes, and access and visitor accommodations. Supervisor Bibby requested that the resolution include wording that the National Parks should be accessible to all and for future generations; and that reference to the Centennial Act be deleted. (M)Bibby, (S)Stetson, Res. 05-37 was adopted supporting the Americans for National Parks, with changes as suggested. Chairman Pickard called for input from the public prior to calling for the vote. Mary Darlene Theodore asked that the horse community not be forgotten; and she noted that there needs to be access for the trailers to bring the horses into the Parks. Further discussion was held, and the Board concurred that the “accessible to all” language covers equestrian use. Ayes: Unanimous. Public Presentations: For Non-Timed Agenda Items including Attention, Information, and Consent Agenda, and for Items Not on the Agenda Rich Theodore advised that they have been working on a land division application for over two years, and they are having problems getting it through the Public Works Department. Mary Darlene Theodore provided input on the history of their land division application (No. 1543) and their contacts with County staff. They expressed frustration with the process and delays. Chairman Pickard asked that the Public Works Director evaluate and provide the Theodore’s with a resolution of the issues and a timeframe and status of the conditions. He also requested an opportunity to meet with the Theodore’s and Public Works to work on resolving the issues. Paul Chapman stated he feels there are a number of things on this agenda that citizens should look at. He stated he opposes spending funds on the Civil War Reenactment, and he stated he does not feel that this use conforms to the Williamson Act contract provisions for the land. He questioned the request to hire another consultant for tourism – he stated he doesn’t feel there is anything to draw visitors to the area, nor that we get a return on the money spent for tourism; and he feels the positions should be eliminated. ---PAGE BREAK--- 2-8-05 2 Board Information Supervisor Fritz announced that Congressman Radanovich nominated her to attend the Professional Business Women’s Conference in May in Washington, D.C. Supervisor Stetson advised that the El Portal Planning Advisory Committee is scheduled to meet this evening. He also advised that he plans to attend the Mountain Valley-Emergency Medical Services Agency meeting in Lake Tulloch on Wednesday. Supervisor Bibby encouraged the public to attend the Airport Advisory Committee meeting scheduled for Wednesday. She also advised that she plans to attend the Mother Lode Job Training Board meeting in Sonora on Thursday. Supervisor Turpin announced that the Hunters Valley Fire Department will hold its annual rib dinner in Hornitos on the 19th. Supervisor Pickard advised that information has been received that the Governor cut the Vehicle License Fee funding for counties with no incorporated cities from the State budget for this year and is proposing to cut it from the next budget as well. He noted that this funding loss is approximately $80,000 for Mariposa County, and that this funding has been going to the Road budget. He advised that he has asked the County’s lobbyist to look into this matter. Approval of Minutes 12-15-04, Continued Meeting from December 14, 2004 BOARD ACTION: Chairman Pickard noted that Supervisors Turpin and Fritz were not on the Board for this meeting. (M)Stetson, (S)Bibby, the minutes of 12/15/04 were approved/Ayes: Stetson, Bibby, Pickard; Abstained: Turpin, Fritz. Approval of Consent Agenda (See End of Minutes) BOARD ACTION: Supervisor Bibby pulled item 4. (M)Fritz, (S)Bibby, the balance of the items was approved/Ayes: Unanimous. Consent Agenda item 4 – Supervisor Bibby initiated discussion relative to the remodel of the Planning Department, and she advised that she would like to see a work schedule for the project that will not interfere with the staff. Dana Hertfelder, Public Works Director, responded to questions. Supervisor Bibby asked that staff make sure that the drop-down doors operate properly and safely. (M)Stetson, (S)Turpin, item 4 was approved/Ayes: Stetson, Turpin, Fritz, Pickard; Noes: Bibby. Rich Inman, County Administrative Officer; Approve Proposal to Modify the Tourism Advisory Council’s Revision of Its Authority and Membership BOARD ACTION: Rich Inman initiated discussion relative to the proposal. Donna Brownell, Tourism Advisory Council member, gave a presentation on the Council’s recommendation. Discussion was held relative to the number of members – whether ten or eleven is being recommended and relative to the number required for a quorum; relative to representation from the Highway 41 corridor versus Tenaya Lodge, as DNC owns Tenaya Lodge and has a membership position. Susan Crain, Administration- Visitor’s Bureau Coordinator, advised that Tenaya Lodge has its sales and marketing separate from DNC. (M)Fritz, (S)Turpin, Res. 05-41 was adopted modifying the Tourism Advisory Council’s authority and membership as recommended. Further discussion was held. The motion was amended, agreeable with the maker and second, to require at least six members to be present to constitute a quorum. Discussion was held relative to consideration of allowing designated alternate members; and it was agreed that the language would be changed to reflect that a designee could not be sent to the meetings to vote for the member. It was also clarified that the total number of members is eleven. Rich Inman advised of a correction to reflect County Administrative Officer. Ayes: Stetson, Turpin, Fritz, Pickard; Noes: Bibby. 10:32 a.m. Recess 10:53 a.m. Public hearing relative to consideration of a proposed Mitigated Negative Declaration for the construction of the Don Pedro Sewer Zone 1M Wastewater Treatment Facility was opened and continued until after the following matter. ---PAGE BREAK--- 2-8-05 3 Rich Inman, County Administrative Officer; Presentation by Edelman Company to Provide Consulting Services for Marketing and Media Relations for Visitor Bureau and Approve Entering a Contract with the Edelman Company to Provide Public Relations Services for the County (Public Relations Proposal; Mariposa County Visitors’ Bureau Request for Qualifications; and Response to Request for Qualifications- Mariposa County Visitors’ Bureau are Available for Review at the Clerk of the Board’s Office) BOARD ACTION: Rich Inman advised that three responses were received to the request for proposals to help with the promotional strategy and public relations, and he advised of the recommended action. He introduced Adam Silber, Vice President, and Christine Pierson of Edelman Company. Adam and Christine gave a presentation on their proposal. Discussion was held relative to the proposal, being able to gauge the County’s return on the investment in this program, and increasing visitation during the shoulder season. Supervisor Turpin noted that Lake McClure and the wildflowers should be a big draw this year with the heavy rainfall. He also suggested that the history centers and communities in the County be promoted, and that there are no traffic restrictions on Highway 132 and J132 for buses. Discussion was held relative to the familiarization trips. Discussion was held relative to staffing from Edelman that would be involved in this project; and Adam noted that they just received word that their General Manager had given notice of resignation and will be transitioning out; however, the rest of the team will remain as stated in the proposal. (M)Fritz, (S)Stetson, direction was given to the County Administrative Officer to develop a contract with Edelman Company to bring back for the Board’s approval. Chairman Pickard asked for input from the public prior to calling for the vote. Richard Hutcheson, Mariposa Museum and History Center, advised of their statistics for visitation. Supervisor Turpin advised that the Northside History Center has visitation statistics that may assist with this matter. Supervisor Bibby clarified that this proposal is in conformance with the plans for economic development. Ayes: Unanimous. 11:32 a.m. Dana Hertfelder, Public Works Director; A) PUBLIC HEARING Relative to Consideration of a Proposed Mitigated Negative Declaration for the Construction of the Don Pedro Sewer Zone 1M Wastewater Treatment Facility BOARD ACTION: Dana Hertfelder presented the staff report. He advised that an Initial Study was prepared by Michael Skenfield, consultant that conducted the environmental review of the proposed Don Pedro Sewer Zone 1M wastewater treatment facility. The Study concluded that with the implementation of mitigation measures, the project will not have a significant effect on the environment. He advised of distribution of the Initial Study and of the comments that were received, including recent comments by Kalvin and Shirley Gile, and he advised that they are a part of the record for this project. He advised that the noticing requirements were met. He also reviewed the recommended action, and advised that Fred Solomon, project manager, for the project was present to answer any questions. Dana and Fred responded to questions from the Board relative to meeting the noticing and Williamson Act cancellation requirements. They also clarified that the current proposal does not call for spraying effluent on the golf course. A holding pond will be located on the land that the County purchased; however, the environmental review covered irrigation and disposal on the golf course as an option. Any change to consider this option would come back to the Board. The public portion of the hearing was opened and input was provided by the following: Tom Porter, Deerwood Corporation, advised of his commitment to the area; and he stated he supports this project. The public portion of the hearing was closed and the Board commenced with deliberations. Staff responded to questions from the Board relative to water quality control issues and the treatment level; and the future possibility of upgrading the project to allow for exportation of the water from the site. Staff advised that an upgrade would require tertiary treatment of the wastewater and a pipeline to the golf course. (M)Turpin, (S)Fritz, Res. 05-42 was adopted accepting into the record the letters from the State Clearinghouse, the comments of responding agencies, the comments of Kalvin and Shirley Gile, and the responses to those documents; determining that the project will not have a significant effect on the environment, that mitigation measures were made a condition of approval of the project, and finding that ---PAGE BREAK--- 2-8-05 4 findings were made pursuant to the provisions of CEQA; adopting the Mitigated Negative Declaration; and authorizing the Director of Public Works to execute and file a Notice of Determination in compliance with the Public Resources Code/Ayes: Unanimous. The hearing was closed. B) Adopt a Resolution Adopting the County-Wide Injury and Illness Prevention Program as Policy and Direct Each Department Head or Appointed Department Safety Representative (DSR) to Monitor the Health and Safety Policy for Their Respective Department with Assistance from the County Safety Officer BOARD ACTION: Discussion was held with Dana Hertfelder, Public Works Director, and Marty Allan, PWD-Safety Officer, relative to the Policy. Chairman Pickard clarified that all departments have reviewed the Policy and are okay with it. Supervisor Stetson asked about the Safety Committee, and Marty advised that this is called for in the MOU’s with the employee bargaining units. Supervisor Stetson asked that the language in the Policy relative to employees not having any fear of reprisal be included in the Notice. Supervisor Bibby asked that an annual update be provided to the Board, and she requested copies of the minutes from the Committee meetings. Following further discussion, (M)Stetson, (S)Bibby, Res. 05-44 was adopted, with the change in the language in the Notice as requested/Ayes: Unanimous. C) Authorize Public Works to Hire Two Extra-Help Engineering Technicians at Range 222 Step BOARD ACTION: Discussion was held relative to the request. (M)Fritz, (S)Bibby, Res. 05-45 was adopted approving the request/Ayes: Unanimous. 12:04 p.m. MARIPOSA COUNTY WATER AGENCY (Chair-Director Bibby; Vice-Chair-Director Turpin) B) Discussion and Direction to Staff Relative to the Sale of Real Property Known as APN 12-110003, on Agua Fria Road (County Counsel) BOARD ACTION: Tom Guarino, County Counsel, initiated discussion relative to this matter; and he advised of the receipt of a document located by Public Works that addresses refunding the grant money. He advised that he could further research this matter and bring something back for any necessary notification. He advised that the matter before the Board today is to determine whether to proceed with the disposition of the property. Dana Hertfelder, Public Works Director, advised that staff has reviewed the parcel and the files relative to the purchase of this parcel; and he advised that his only concern is obtaining a right-of-way/easement of twenty feet at the property line for possible future project(s). Chair Bibby called for input from the public on this matter and none was received. Following further discussion, (M)Pickard, (S)Turpin, direction was given to County Counsel to bring back a Resolution of Intention to Sell the property. The motion was amended, agreeable with the maker and second, to include a minimum price of $4,000/Ayes: Unanimous. A) Public Presentations - none 12:14 p.m. The Board of Supervisors reconvened. Discussion and Direction Regarding the Possible Amendment of Chapter 16.36 of the Mariposa County Code Entitled, “Indemnification Agreements” (County Counsel) BOARD ACTION: Tom Guarino, County Counsel, initiated discussion relative to the possible amendment to the County Code concerning the indemnification agreement requirements. (M)Fritz, (S)Bibby, direction was given to County Counsel to bring back an Ordinance containing the recommended amendment to the County Code/Ayes: Stetson, Bibby, Fritz; Abstained: Turpin, Pickard. Adopt a Resolution Authorizing the Chairman of the Board of Supervisors to Sign Final Amendment and Reconciliation of Agreement for Preparation of Silvertip Resort Village Project Environmental Impact Report (County Counsel) ---PAGE BREAK--- 2-8-05 5 BOARD ACTION: Discussion was held, and Board members thanked staff for their efforts with this matter. (M)Bibby, (S)Stetson, Res. 05-46 was adopted authorizing the Chairman to sign the Final Amendment to the contract with Quad Knopf as recommended/Ayes: Unanimous. Authorize the Chairman of the Board of Supervisors to Sign the Special Event Agreement with Frank Long to Use his Facilities “Frank Long Ranch” at Old Highway and Yaqui Gulch Road for a Civil War Reenactment on April 16 and 17, 2005 (Tourism); and Authorize the Chairman of the Board of Supervisors to Sign the Special Event Agreement with the National Civil War Association to Perform a Civil War Reenactment on April 16 and 17, 2005, at the Frank Long Ranch on Old Highway and Yaqui Gulch Road and Approve Budget Action Transferring Appropriations for Civil War Expenses ($20,000) (Tourism) BOARD ACTION: Rich Inman, County Administrative Officer, advised that it is the consensus of the committee that has been meeting to plan this event, that there is insufficient time to prepare for this event for this year; thus, the Civil War Reenactment will not occur this year. Rich noted that looking at next year would allow more time for better planning and allow for working with Edelman Company. Chairman Pickard encouraged the County Administrative Officer and the Tourism Coordinator to pursue this event for next year. CLOSED SESSION: Conference with County Labor Negotiator: Name of Employee Organization: SEIU Local 250, Health Care Workers Union; Name of County Designated Representative: Jeff Green (County Administrative Officer); CLOSED SESSION: Conference with Legal Counsel; Existing Litigation: California Government Code Section 54956.9(a); Dean v. County of Mariposa (County Counsel); and CLOSED SESSION: Conference with Legal Counsel Relative to Anticipated Litigation/Significant Exposure to Litigation for a Case Pursuant to Subdivision of Government Code Section 54956.9 (County Counsel) BOARD ACTION: Rich Inman, County Administrative Officer, and Tom Guarino, County Counsel, advised that it is not necessary to hold these closed sessions. 12:55 p.m. CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: SEIU Local 535; Name of County Designated Representative: Rich Inman (County Administrative Officer); CLOSED SESSION: Conference with Legal Counsel Relative to Anticipated Litigation/Significant Exposure to Litigation for a Case Pursuant to Subdivision of Government Code Section 54956.9 (County Counsel); and CLOSED SESSION: Conference with Legal Counsel Relative to Anticipated Litigation/Initiating of Litigation for a Case Pursuant to Subdivision of Government Code Section 54956.9 (County Counsel) BOARD ACTION: (M)Bibby, (S)Stetson, the closed sessions were held/Ayes: Unanimous. 1:32 p.m. Chairman Pickard announced that direction was given to staff as a result of the closed session matters. CONSENT AGENDA: CA-1 Approve the County Exhibits Entry Form for the 2005 California State Fair and Authorize the Chairman of the Board of Supervisors to Sign the Form (Tourism); Res. 05-38 CA-2 Re-Appoint Don Pucilowski to the Assessment Appeals Board, Representing District II (Supervisor Turpin) CA-3 Re-Appoint Don Pucilowski to the Mariposa County Commission on Aging, Representing District II (Supervisor Turpin) ---PAGE BREAK--- 2-8-05 6 CA-4 Approve Plans and Specifications for the Planning Department Remodel; Authorize Public Works to Award the Contract for Services to Hiepe Cabinets; and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Public Works Director) (Plans and Specifications and Project Plans for Construction of Government Center Remodel are Available for Review at the Clerk of the Board’s Office); Res. 05-40 CA-5 Authorize the County Librarian to Accept Computer Donations from the Friends of the Library of Mariposa, Red Cloud, and Wawona (Librarian); Res. 05-39 CA-6 Action to Continue Emergency Findings of the Interim Operation of the Mariposa County Landfill by County Staff is Necessary to Continue an Essential Public Service Until the Bidding Process is Completed (Public Works Director); Res. 05- 43 1:33 p.m. Adjournment Respectfully submitted, MARGIE WILLIAMS Clerk of the Board