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Time Description 9:03 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Introductions Jim Wilson, Fire Chief; Adopt a Resolution Recognizing and Commending all Agency Personnel Involved in the live Rescue and Suppression of a Local Structure Fire on March 15, 2008 from Mariposa County Fire Department; Mariposa County Sheriff’s Department; M.P.U.D. Fire District; CAL-FIRE and Mercy Medical Transportation; and Presentation of Medals of Valor to: Jeff Totten, Jim Middleton and John Faleski BOARD ACTION: (M)Pickard, (S)Aborn, Res. 08-250 was adopted recognizing the agency personnel/Ayes: Unanimous. Supervisor Bibby read the resolution into the record and the resolution was presented to Chief Wilson/Mariposa County Fire, Sheriff Muller/Mariposa County Sheriff’s Department, Mariposa Public Utility District Fire District, CAL FIRE, and Merced Medical Transportation, Inc. Sheriff Muller presented a Medal of Valor to Sheriff Sergeant Jeff Totten, and he commended the volunteer firefighters for their service. Jim Wilson presented a Medal of Valor to Battalion Chief John Faleski and to Deputy Chief Jim Middleton of Mariposa County Fire. Certificates of Recognition were presented to the following for their participation in the event: Mariposa County Fire: Deputy Chief Jim Middleton, Battalion Chief John Faleski, firefighter Kevin Jackson, Captain Richard Shelton, firefighter Mark Jones, Captain Marcella Good, firefighter Daniel Goulet, firefighter Ron Setterberg, and firefighter John Lilley; and the following were unable to be present: Captain Harve Dearing, Captain Steve Kitchen, firefighter David Sizemore, firefighter Richard Hulbert, firefighter Jerry Jay, Division Chief Hal Nolen, firefighter Cliff Tolstrup, firefighter Steve Sabol, firefighter Enrique Mendez, and firefighter Dana Felix; Mariposa County Sheriff’s Department: Sergeant Jeff Totten, Deputy Chris Boehm, and Deputy Jeff Weaver; Mariposa Public Utility District Fire District: the following were unable to be present: Captain Dennis Buck and firefighter Mark Lingenfelter; CAL FIRE: the following were unable to be present: Battalion Chief Bernard Quinn, Captain Troy Cheek, Captain Eugene Potkey, and Engineer Jeff Newman; and Merced Medical Transportation, Inc.: the following were unable to be present: paramedic Jonathan Knauf and EMT Jennifer Knauf. 9:30 a.m. Recess 9:42 a.m. Approval of Consent Agenda (See End of Summary of Proceedings) NOTE: The Consent Agenda consists of items that are generally viewed as non-controversial and routine by the department. If the Board wishes to discuss an item, it will be removed from the Consent Agenda and moved to the end of the timed agenda; or at the Chair’s discretion, may be taken in conjunction with another item scheduled by the respective department. Otherwise, the Consent Agenda items are generally approved in one single motion. This is the appropriate time for the public to advise the Chair of any comments to the Consent Agenda or request to have an item removed from the Consent Agenda. MARIPOSA COUNTY BOARD OF SUPERVISORS SUMMARY OF PROCEEDINGS June 17, 2008 ---PAGE BREAK--- 2 6-17-08 BOARD ACTION: Input from the public was provided by the following: Paul Chapman questioned the multi-year contracts for items 2 and 4; and he referred to items 15 and 16 and provided input and stated he feels a position should be dedicated for each function. Supervisors Aborn and Turpin pulled items 15 and 16. Supervisor Bibby pulled items 2 and 3. (M)Fritz, (S)Aborn, the balance of the items was approved/Ayes: Unanimous. Item 2 – Following discussion with Rick Benson, County Administrative Officer, (M)Bibby, (S)Aborn, item 2 was approved/Ayes: Unanimous. Item 3 – Supervisor Bibby noted that she was only present for a portion of the meeting. (M)Fritz, (S)Pickard, item 3 was approved/Ayes: Aborn, Turpin, Fritz, Pickard; Abstained: Bibby. Item 15 – Following discussion with Kris Schenk, Planning Director, (M)Aborn, (S)Fritz, item 15 was approved/Ayes: Unanimous. Item 16 – Following discussion with Kris Schenk and Rick Benson, (M)Aborn, (S)Fritz, item 16 was approved/Ayes: Unanimous. Public Presentation: For Items within the Jurisdiction of the Board and not on Today’s Agenda. Dick Hutchinson asked whether there is any resolution to the sidewalk issue that was discussed on June 10th so that Rite Aid can open; and he provided input on the encroachment permit and noted that any delay in the opening will impact employee salaries and the sales tax revenue. Chair Turpin advised that ordinance for the sidewalk issue will be coming back to the Board tentatively next week. Board Information Supervisor Bibby reported on the First 5 meeting she attended and advised of the award of $400,000 for the School Readiness Program. She provided input on the statistics for the Storytelling Festival. She extended a special thanks to CHP for providing traffic control and assistance during the March 15, 2008 fire incident. She thanked everyone for the get well wishes she has received. She advised that the new pavement at the Catheys Valley Park/McCay Hall is funded by the Proposition 40 dollars; and she thanked Public Works for the park improvements and playground equipment. She clarified that the encroachment permit for Rite Aid was required by CalTrans versus a County department as stated in the public presentation. She asked that the following items be scheduled on the Board’s agenda: a status report of the life of the landfill; an update on the impact fee project; and an update on the FERC re-licensing. She referred to SB 1617 (Kehoe) relative to the establishment of a fire prevention fee of $50 per structure; and she asked the County Administrative Officer to prepare a letter explaining the County’s position with Proposition 218 process for structural fire protection. Supervisor Aborn advised that he attended the open house for the Fire Station at the Airport, and he commented on the need to support the ballot measure for the County Service Area No. 3 for fire protection. He noted that a plan is forthcoming for the Airport. He noted that the new temporary bridges have been delivered to the Ferguson Rockslide. He presented a recent Modesto Bee news story relative to high-speed rail issues. He referred to the sidewalk along Highway 49 North that was required to be installed for Rite Aid and stated he feels that it should be the State’s responsibility. Supervisor Fritz advised that she is still recovering from surgery and thanked the community for the support she has received. She agrees that the sidewalk should not be solely the responsibility of Rite Aid as it doesn’t just serve their business. Supervisor Pickard advised that he attended the Yosemite/Sequoia Resource Conservation and Development meeting in Clovis and advised of the issues that were discussed. He referred to SB 1617 (Kehoe) and advised that there are efforts to find alternatives. He plans to attend the RCRC meeting in Del Norte County on Thursday. Supervisor Turpin advised that he attended the Solid Waste Committee meeting on Wednesday and the Equestrian and Pedestrian Trails Committee meeting in Don Pedro. He held a District II meeting in Greeley Hill on Thursday relative to the Proposition 218 process for the County Service Area No. 3 for fire protection. He attended the Mariposa Calaveras Community Action Agency meeting in Coulterville on Friday and the Friends of the Red Cloud Library fundraiser in Greeley Hill on Saturday. On Monday he attended the Lake Don Pedro Community Services District meeting; and he plans to attend the Red Cloud Library meeting on Wednesday. He commented on work being done ---PAGE BREAK--- 3 6-17-08 on the rockslide on Highway 49 N north of the Bagby Bridge; and he advised of logging trucks hauling logs on Highway 132. Jim Wilson, Fire Chief; A) Approve the Yosemite West Community Wildfire Protection Plan (CWPP) as Required Prior to Application for Federal Grant Funding for Fuel Reduction Projects and Authorize the Board of Supervisors Chair to Sign the Plan BOARD ACTION: Discussion was held with Jim Wilson and Dr. John Mock/Chair of the Fire Safety Committee in Yosemite West relative to the Plan, its circulation, status of funding and work on the projects. (M)Aborn, (S)Pickard, Res. 08-262 was adopted approving the Plan/Ayes: Unanimous. B) Presentation on the Mariposa County Community Wildfire Protection Plan BOARD ACTION: Kimberly Bullock, Mariposa Fire Safe Council, provided a status report on the Plan. She reviewed requirements for developing a plan; and Chair Turpin requested that this information be provided to the Board. She presented information on their funding, grants they have obtained and pending grant applications. Supervisor Bibby asked whether the Fire Safe Council provides input on projects submitted to Planning, and discussion was held. Mr. Beasley/Yosemite National Park, provided input on working together for the protection of the community. 11:00 a.m. Recess 11:09 a.m. Richard J. Benson, County Administrative Officer/Personnel/Risk Manager; Discuss and Provide Direction to Staff Regarding the Use of Secure Rural Schools and Community Self-Determination Act of 2000 (HR 2389) Funds for Continued Funding of the Mariposa County Fire Safe Council from July1, 2008 through June 30, 2011, in the Amount of $159,048 BOARD ACTION: Discussion was held with Rick Benson. Input from the public was provided by the following: Paul Chapman questioned the multi-year agreement and stated he feels that the funds are used mostly for subdivision areas. Kimberly Bullock provided input on the request for funding for the Fire Safe Council. Dick Hutchinson commended the Fire Safe Council for the “Welcome to the Foothills” booklet they published. Following discussion, (M)Pickard, (S)Aborn, direction was given to staff to begin the 45-day comment period for pursuing the proposal. Supervisor Bibby expressed concern with the multi-year proposal. Ayes: Aborn, Turpin, Fritz, Pickard; Noes: Bibby. 11:32 a.m. James A. Rydingsword, Human Services Director; Approve the Concept of Developing a Joint Proposal Under the Provisions of California Public Contract Code 20133 to Design, Develop and Build a Single Leased Back Facility for the Human Services Department and a Juvenile Treatment and Detention Facility for the Probation Department BOARD ACTION: Discussion was held with Jim Rydingsword and Gail Neal/Chief Probation Officer, relative to the request and consideration of including other departments. Input from the public was provided by the following: Witt Hawkins stated he agrees with the proposal in concept and he feels there needs to be planning for the future. Ruth Catalan stated she agrees with the proposal and she feels the facility should include space for the offices that are currently renting their space. Following discussion, (M)Fritz, (S)Aborn, the concept was approved as proposed/Ayes: Unanimous. ---PAGE BREAK--- 4 6-17-08 Dana Hertfelder, Public Works Director; A) Waive First Reading and Introduce Ordinance Amending Section 10.08.020 of the County Code Establishing a “No Parking” Area at the Don Pedro Elementary School BOARD ACTION: Following discussion with Dana Hertfelder, (M)Bibby, (S)Aborn, the first reading was waived and the Ordinance was introduced. The Clerk of the Board read the title of the Ordinance into the record. Ayes: Unanimous. B) Discussion and Direction Regarding Acceptance of Out-of-County Waste at the Mariposa County Landfill BOARD ACTION: Discussion was held with Dana Hertfelder. Input from the public was provided by the following: Paul Chapman stated he was the one that brought this issue to the County’s attention; and he does not feel that we have room in our landfill for the materials. Gretchen Olson, Solid Waste Manager for Tuolumne County, provided input on coordinating regional and cooperative planning efforts. Discussion was held concerning the matter and how this would affect meeting the diversion requirements. Supervisor Turpin noted that they are finding that there are areas around Buck Meadows, in Mariposa County, where the trash is being hauled to Tuolumne County. Supervisor Aborn requested that information be presented on the fee structure for Tuolumne and Mariposa Counties and that more information be brought back on the impact of accepting out-of-county waste. Supervisor Bibby commented on the identification cards that are issued in Trinity County and suggested that this type of system be reviewed for use here to track the source of the waste. (M)Pickard, (S)Fritz, direction was given to staff to bring back a revised ordinance for accepting solid waste from the Lake Don Pedro area that is outside of Mariposa County as recommended by the Solid Waste Task Force; and direction was given for staff to look at a reporting system so the source of the waste could be tracked; and further direction was given that this be a priority and come back to the Board as soon as possible. Further discussion was held, and Supervisor Bibby asked that the information on the status of the landfill be brought back before the revised ordinance. Ayes: Unanimous. 12:50 p.m. Lunch 2:09 p.m. The Board reconvened with Supervisor Fritz excused for the rest of the meeting. Kris Schenk, Planning Director; A) PUBLIC HEARING to Consider General Plan Amendment No. 2008-86, an Amendment to the Land use Classification of an Approximately 411-acre Portion of a 1,561.22-acre Parcel from the Agriculture/Working Landscape Land Use to the Natural Resources Land Use; The Project Site is North of the Bear Valley Planning Area, on the East and West Sides of State Highway 49 North; Address is 7585 Highway 49 North; Portion of APN 008-060-003. County of Mariposa Project Proponent; Michael Mondo, Property Owner BOARD ACTION: Sarah Williams, Deputy Planning Director, presented the staff report and clarified that this is an amendment to the General Plan and not to the zoning ordinance. Staff responded to questions from the Board and advised that no objections were received from the Agricultural Advisory Committee members and that the Fish and Game fees are not waived for a County application. The public portion of the hearing was opened and input was provided by the following: Anita Starchman Bryant, Starchman & Bryant Law Offices – agent for the applicant, commended Sarah Williams for her staff report and efforts to correct this mapping error that occurred during the General Plan hearing process; and she provided input on the project. Ruth Sellers asked if this is the site of the old Goldenbell Mining Company. Sarah Williams responded that this parcel is a part of the site that included four different parcels. Ruth Catalan asked what would be allowed in the land use classification. Sarah Williams responded with the list of Extent of Uses for the Natural Resources and the Agricultural/Working Landscape land use classifications. ---PAGE BREAK--- 5 6-17-08 The public portion of the hearing was closed and the Board commenced with deliberations. (M)Pickard, (S)Bibby, Res. 08-266 was adopted adopting a Negative Declaration and approving General Plan Amendment No. 2008-86 with findings as recommended by the Planning Commission/Ayes: Aborn, Turpin, Bibby, Pickard; Excused: Fritz. The hearing was closed. B) Schedule a Public Workshop for Further Consideration of the Draft Catheys Valley Community Plan; and C) Schedule a Public Workshop for Further Consideration of the Yosemite West Special Plan BOARD ACTION: Discussion was held with Kris Schenk relative to scheduling, and he presented the Board with the draft Catheys Valley Community Plan. Supervisor Bibby asked that an explanation be distributed with the Plan so that the public would know that the yellow high lights are portions from the General Plan, etc. Input from the public was provided by the following: Anita Starchman Bryant advised that she represents several individuals in Yosemite West and provided input on the suggested dates for scheduling the workshop. (M)Aborn, (S)Bibby, the Board scheduled the following: A joint workshop with the Planning Commission on the draft Catheys Valley Community Plan for Tuesday, July 15, 2008 at 6:30 p.m.; A workshop on the draft Yosemite West Special Plan for Saturday, August 16, 2008, at 10:00 a.m./Ayes: Aborn, Turpin, Bibby, Pickard; Excused: Fritz. 2:58 p.m. LOCAL TRANSPORTATION COMMISSION (Chair – Commissioner Lyle Turpin, Vice-Chair – Commissioner Dianne Fritz) A) Public Presentation – None B) Adopt a Resolution Allocating the Transportation Development Act (TDA) Funds for Fiscal Year 2007-2008 COMMISSION ACTION: Following discussion with Dana Hertfelder, (M)Bibby, (S)Aborn, LTC Res. 08-11 was adopted allocating the TDA Funds/Ayes: Aborn, Turpin, Bibby, Pickard; Excused: Fritz. C) Adopt a Resolution Allocating the State Transit Assistance (STA) Funds for Fiscal Year 2007- 2008 (Dana Hertfelder, Public Works Director) COMMISSION ACTION: Following discussion with Dana Hertfelder, (M)Bibby, (S)Aborn, LTC Res. 08-12 was adopted allocating the STA Funds/Ayes: Aborn, Turpin, Bibby, Pickard; Excused: Fritz. Discussion and Possible Further Action Regarding Continuation of the Local Emergency Due to Landslides on Highway 140 Enroute to Yosemite National Park (County Administrative Officer) BOARD ACTION: Discussion was held with Rick Benson. It was noted that the CalTrans informational sign on Highway 140 is not functioning properly. (M)Bibby, (S)Pickard, Res. 08-265 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: Aborn, Turpin, Bibby, Pickard; Excused: Fritz. Recommend the Rejection of Claim No. C08-2 Filed by James H. Allen for $16,440 and Authorize the Board of Supervisors Chair to Sign the Notice of Rejection (County Administrative Officer/Personnel/Risk Manager) BOARD ACTION: Supervisor Bibby advised that because this matter has to do with a claim relative to sick time, she has a potential conflict as a previous employee in the MCMCO and SEIU bargaining units; and there is a chance that she may be called as a witness if this proceeds any further; so she recused herself from the meeting at 3:04 p.m. Discussion was held with Rick Benson. Input from the public was provided by the following: ---PAGE BREAK--- 6 6-17-08 Ruth Catalan questioned whether there has been any effort to recoup the funds from those who were paid and should not have been; and whether this sick leave policy is included in a policy manual that employees can read. Rick Benson responded relative to the review of this matter and advised that the statute of limitation has expired for two of the employees that were paid in error; and that one individual received a rather small amount and it would cost more to collect than the amount that was paid. Paul Chapman questioned the resolution (previous Board action n 1993) disappearing and reappearing. Dick Hutchinson stated he feels the Board’s resolution (1993) was discriminatory and he feels it was taking away something from employees that were promoted. He stated he feels that the Board should change the policy. Further discussion was held. (M)Aborn, (S)Pickard, Res. 08-263 was adopted rejecting the claim as recommended. Supervisor Pickard provided input on the Constitutional restrictions in this matter; and amended the motion, agreeable with the maker, to include direction for the County Administrative Officer to bring back a resolution to rescind the policy that was established in1993. He clarified that this can not be done retroactively. Ayes: Aborn, Turpin, Pickard; Excused: Fritz; Recused: Bibby. Supervisor Bibby returned to the meeting at 3:25 p.m. Approve Budget Action Reducing General Contingency and Increasing Appropriations in the Administration Budget to Pay for the Costs Associated with the Voting Process on the Formation of County Service Area (CSA) #3 ($17,000) (4/5ths Vote Required) (County Administrative Officer/Personnel/Risk Manager) BOARD ACTION: Discussion was held with Rick Benson and he amended the budget amount to $18,000. Input from the public was provided by the following: Ruth Sellers stated she feels that this matter was handled poorly and questioned the process moving forward before this action was taken. Paul Chapman agreed and provided input on the budget and expense procedures. (M)Pickard, (S)Aborn, Res. 08-264 was adopted approving the budget action as amended in the amount of $18,000/Ayes: Aborn, Turpin, Bibby, Pickard; Excused: Fritz. CONSENT AGENDA CA-1 Adopt a Resolution Approving the Fiscal Year 2007-2008 Adjusted Budget as Mariposa County’s Operating Budget Until the Adoption of the Fiscal Year 2008-2009 Final Budget in September 2008 (County Administration Officer/Personnel/Risk Manager); Res. 08-251 CA-2 Approve an Agreement with Smith & Newell to Perform the Countywide Audit for the Fiscal Years Ending June 30, 2008 through June 30, 2011 with one Modification Due to Requirement from the Department of Mass Transportation (CalTrans) (Auditor); Res. 08-259 CA-3 Approval of Summary of Proceedings of June 10, 2008, Regular Meeting (Clerk of the Board) CA-4 Approve a Memorandum of Understanding from July 1, 2008 through June 30, 2011, with the Mariposa County Office of Education which will Transfer Federal Individuals with Disabilities Education Act (IDEA) Funds for Specified Mental Health Services Provided for Eligible Students in the School Districts and Authorize the Board of Supervisors Chair to Sign the Memorandum (Human Services Director); Res. 08-252 ---PAGE BREAK--- 7 6-17-08 CA-5 Accept the Resignation of Joan Conlan and Carl Loeffler from the Mental Health Board (Human Services Director) CA-6 Accept the Resignation of Richard Gibson from the Mental Health Board (Human Services Director) CA-7 Accept the Resignation of Lisa Carisio from the Mental Health Board (Human Services Director) CA-8 Approve the 2008-2009 Community Services Block Grant (CSBG) # 08F-4907, Amendment One on Behalf of the Calaveras-Mariposa Community Action Agency; Accept an Advance of $60,764 in Anticipated Revenue from CSBG Agreement and Authorize the Human Services Director to Amend Existing Sub-contract Agreements with Service Providers (Human Services Director); Res. 08-253 CA-9 Approve Budget Action Increasing Revenue and Appropriations in the Social Service Department for Incentives in the Amount of ($1,200) (4/5ths Vote Required) (Human Services Director); Res. 08-254 CA-10 Approve the Plan of Cooperation Between Mariposa County Department of Child Support Services and Mariposa County Superior Court and Authorize the Board of Supervisors Chair to Sign the Agreement (Child Support Services Director); Res. 08-255 CA-11 Approve an Agreement with Richard Shelton for General Maintenance at the Mariposa County Detention Facility for Fiscal Year 2008-2009 and Authorize the Board of Supervisors Chair to Sign the Agreement (Sheriff); Res. 08-256 CA-12 Approve Budget Action Transferring Funds within the Sheriff’s Department Budget to Cover Fuel Costs through the End of the Fiscal Year ($15,000) (Sheriff); Res. 08-257 CA-13 Appoint Michael Bilodeau to the El Portal Town Planning Advisory Committee for a Term Expiring February 28, 2009 (Supervisor Aborn) CA-14 Approve Agreement Extensions for Fiscal Year 2008-2009 with Area 12 Agency on Aging for Congregate C-1 Funding ($24,545), Congregate Restaurant C-1 Funding ($9,894), Home Delivered C-2 Funding ($11,705) and IIIB Transportation Funding ($8,100) (Community Services Director); Res. 08-258 CA-15 Approve an Agreement with David J. Guy to Prepare a Comprehensive Update of the Mariposa County Policies for Implementation of the Williamson Act and Authorize the Board of Supervisors Chair to Sign the Agreement (Planning Director); Res. 08-260 CA-16 Approve an Amendment to the Planning Technician Job Description by Incorporating Language within the Job Description Relating to Working with Williamson Act Contracts and Geographic Information Systems (GIS) (County Administrative Officer/Personnel/Risk Manager); Res. 08-261 ---PAGE BREAK--- 8 6-17-08 (M)Bibby, (S)Aborn, the Board adjourned at 3:36 p.m. in memory of Gerald Leroy Pirtle, Jr./Ayes: Aborn, Turpin, Bibby, Pickard; Excused: Fritz. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board LYLE TURPIN Chair, Board of Supervisors