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MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA July 12, 2005 Time Description 9:07 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Introductions Public Presentations: For Non-Timed Agenda Items including Attention, Information, and Consent Agenda, and for Items Not on the Agenda Paul Chapman advised that six months earlier he came before the Board to say that we needed something for the tourists to do and see when they come to the County. On today’s agenda is a request from the Tourism Coordinator to hire a consulting firm. He stated he feels that we need to clean up town and fix the streets to get people here, and the shops need to sell things that people want to buy. Board Information Supervisor Fritz commented on the July 4th celebration, and she advised of a letter that was received from visitors from Hawaii congratulating the Kiwanis on the successful event. The visitors also noted a concern as to whether there was adequate insurance on photos that are displayed in the Courthouse. Supervisor Stetson advised that he attended the YARTS meeting on Monday, and there is funding for another season. He also noted that the ridership was up by 12% in June. He advised that there is a Town Planning meeting in El Portal this evening, and Steve Engfer/PWD-Solid Waste and Recycling Manager, will explain the new recycling program. He provided a report on the Sierra Nevada Conservancy meeting he attended a couple of weeks earlier, and the sub-region meetings that were held in Bishop and Susanville. The sub-region meeting for our area will occur on July 28th in Sonora at the Elks Lodge at 6 p.m. He advised that there is a Gateway meeting on Thursday in Yosemite. Supervisor Bibby advised that she attended the Mental Health Board Association meeting in Modesto on Friday and Saturday, along with Undersheriff Muller and members of the Mental Health Board. She advised that First 5 will hold an information meeting on July 13th in the afternoon to review the grant process. She read a portion of a letter that was received from landowners commending the Sheriff and his Department for the successful eradication of a marijuana garden, and offering the use of their ranch for training purposes. She advised that a meeting is scheduled for Thursday with Dinah Bortner/CalTrans to discuss the crosswalk issues, and they would welcome any letters of support. She also advised that at its meeting on Monday, First 5 decided to pursue the development of a pre-school in town, and they are working with the School District. On Wednesday, she plans to attend the Mother Lode Job Training Board meeting. The Airport Advisory Committee meeting is scheduled for Wednesday at 5:00 p.m. Supervisor Turpin advised that they held a very successful barbeque in Coulterville Park on July 2nd for the Fire Brigade. In a week from Thursday, he will hold a District meeting in Greeley Hill, and the Sheriff will give a presentation on the property identification program. On Saturday, he attended the retirement party for Mike Bermingham from Merced Irrigation District at McSwain. He also noted that he passed five loaded logging trucks this morning. He advised that Lake McClure came within three feet of being full. Supervisor Pickard advised that he attended the Gateway Partners meeting. He also asked Supervisor Bibby to look at the Pedestrian Plan for the town relative to the crosswalk issue and long-term planning. Supervisor Turpin thanked the Sheriff’s Department for their work in the recent eradication of the marijuana garden. ---PAGE BREAK--- 7-12-05 2 Susan Crain, Tourism Coordinator; Presentation by Hospitality Marketing Associates (HMA) Relative to Services Outlined in the Marketing/Promotional Support Program Proposal; and Authorize the County Administrative Officer to Enter into Negotiations with HMA for those Services BOARD ACTION: Susan Crain introduced Michelle Heuer and Rick Heuer from HMA, and they gave a presentation on the services that they propose to provide. Discussion was held relative to the proposal, obtaining support from the businesses and impact on Visitor’s Bureau staff. Debbie Bryson-Mustapich, Marketing Manager for Tenaya Lodge and member of the Tourism Advisory Council, stated she feels this program will make the Visitors’ Bureau staff more efficient and will provide additional information. (M)Stetson, (S)Fritz, direction was give for the County Administrative Officer to take questions that individual Board members may have on this matter for inclusion in negotiations with HMA, and to bring a draft contract back for further consideration/Ayes: Unanimous. 10:29 a.m. Recess 10:52 a.m. Approval of Minutes 6-7-05, Regular Meeting BOARD ACTION: (M)Stetson, (S)Bibby, the minutes were approved/Ayes: Unanimous. Approval of Consent Agenda (See End of Minutes) BOARD ACTION: Chairman Pickard advised of the addendum to the agenda that added Consent Agenda item 15 - a contract with the Chamber of Commerce for operation of the visitor’s centers in Mariposa and Coulterville. Supervisor Bibby pulled item 15. (M)Stetson, (S)Bibby, the balance of the items was approved/Ayes: Unanimous. Consent Agenda item 15 – Supervisor Bibby initiated discussion, and she asked about the status of payments and monitoring the extended hours. Susan Crain, Tourism Coordinator, responded to the questions. Chairman Pickard and Supervisor Turpin asked that the statistical information on the visitors’ centers be provided to the Board. (M)Fritz, (S)Turpin, item 15 was approved/Ayes: Unanimous. 11:01 a.m. Public hearing to consider General Plan/Zoning Amendment No. 2005-23 and Commercial- Industrial-Manufacturing (CIM) Plan No. 2005-73; John Moore & Joseph McGrath, dba Yosemite Ridge Resort was opened and continued until after the following matters. Rich Inman, County Administrative Officer; Discussion and Direction Concerning Use of Safety Equipment at Skate Park BOARD ACTION: Rich Inman initiated discussion relative to the use of safety equipment at the skate park, and the option of closing the park if the skaters do not comply. Supervisor Bibby stated she feels that if the park is going to be closed, that it should come back to the Board for discussion. Dana Hertfelder, Public Works Director, provided input and he presented a draft flyer that was prepared for distribution relative to use of the park and safety gear requirements. Supervisor Bibby requested that staff see how other jurisdictions handle these issues. Tom Guarino, County Counsel, stated he would need to review issues if the Board moves toward a supervisorial role for the park. Supervisor Bibby requested that information be provided relative to the indemnity. (M)Stetson, (S)Fritz, direction was given for the County Administrative Officer and the Public Works Director to commence with an educational campaign concerning the use of safety equipment and the use of the skate park/Ayes: Unanimous. Kris Schenk, Planning Director; A) PUBLIC HEARING to Consider General Plan/Zoning Amendment No. 2005-23 and Commercial- Industrial-Manufacturing (CIM) Plan No. 2005-73; John Moore & Joseph McGrath, dba Yosemite Ridge Resort; Project includes Waiver of First Reading and Introduction of an Ordinance and Adoption of a Resolution to Change the Land Use Designation and Zoning District of 4.63 Acre Portion of a 43.65 Acre Parcel from Mountain Home (MH) to Resort Commercial (RC) and to Approve a CIM Plan to Bring into Conformance an Existing Restaurant, General Store, and Supporting Buildings (Which have Been in Existence 30+ Years) and Construct and Install an Above-Ground 10,000 Gallon Gasoline Storage Tank, a Two-Pump Gas Island, and a Swimming Pool; Subject Property Located at 7589 State Highway 120, Across from the Junction of this Highway with Hamilton Station Loop Road, in Buck Meadows; Assessors Parcel Number 004-020-010 BOARD ACTION: Sarah Williams, Deputy Planning Director, presented the staff report, and she reviewed the project. Staff responded to questions from the Board relative to the status of the parcel ---PAGE BREAK--- 7-12-05 3 being split between different zones and the process to correct this; whether the mobile home spaces are included in the area to be re-zoned; whether the removal of the underground tank has been done; and relative to the existing encroachment and requirements by CalTrans. Sarah Williams advised that it is her understanding that the underground tank has been removed; however, she will not schedule the adoption of the Ordinance until she has something from the Health Department verifying that the removal has occurred. The public portion of the hearing was opened. There was no input. The public portion of the hearing was closed and the Board commenced with deliberations. Staff responded to a question from the Board relative to written input that was received and the drainage issue. (M)Turpin, (S)Fritz, Res. 05-327 was adopted adopting a mitigated negative declaration and approving General Plan/Zoning Amendment No. 2005-23 and Commercial-Industrial-Manufacturing Plan No. 2005-73 with findings and conditions as recommended/Ayes: Unanimous. (M)Turpin, (S)Stetson, the first reading was waived and an Ordinance introduced approving an amendment to the Mariposa County Zoning Map pursuant to General Plan/Zoning Amendment No. 2005-23. The Clerk of the Board read the title of the Ordinance into the record. Ayes: Unanimous. The hearing was closed. B) Adopt a Resolution Approving the Proposed Road Name, “Gold Mine Place” BOARD ACTION: Following discussion with Meagan Tennermann, Planner, Res. 05-328 was adopted approving the request/Ayes: Unanimous. C) Adopt a Resolution Approving the Proposed Road Name, “Lopa Road” BOARD ACTION: Following discussion with Meagan Tennermann, Planner, Res. 05-329 was adopted approving the request/Ayes: Unanimous. Dianne Fritz, District IV Supervisor; Discussion and Direction Concerning the Field of Dreams and Alternative Proposals BOARD ACTION: Supervisor Fritz advised of her discussions with Dieter Dubberke and his offer to donate seven acres of land by the High School, and subsequent discussions relative to the “field of dreams” project and thoughts on what could be placed on each of the sites – the existing Parks and Recreation site with the swimming pool, the property by the High School, and the property purchased off of Highway 49 North. Dana Hertfelder, Public Works Director, provided input relative to the status of the consultant’s work for the property located off of Highway 49 North. Supervisor Bibby asked about grant requirements for the funding that was used to purchase the property and about the LAFCo and annexation issues. She also asked whether the Parks and Recreation Commission, stakeholders/steering committee, and field of dreams advisory committee have provided input on this matter. Supervisor Fritz advised that Dieter Dubberke is working on a formal presentation for the Board, and would be able to help with answering questions relative to the offer to donate the land. Chairman Pickard noted that Supervisors Bibby and Fritz serve on the ad hoc committee for the field of dreams project, and he referred to previous discussions and actions relative to pursuing heating of the swimming pool at the Park and retrofitting it. He stated he would like to see the ad hoc committee review these issues. Supervisor Turpin noted the need to keep up with the maintenance at existing facilities and not just focusing on the field of dreams project. Supervisor Bibby asked that the County Administrative Officer contact the School District to seek their approval in concept for coordinating the use of the donated land. Supervisor Stetson asked that it be determined whether there are any contingencies with the offer. Supervisor Bibby noted that this area was not available for consideration when sites were reviewed for the field of dreams project, and she requested that MPUD be involved in the process. (M)Stetson, (S)Bibby, direction was given to the County Administrative Officer and the Public Works Director to work with the ad hoc committee (Supervisors Bibby and Fritz) to identify issues for the land; to work with the School District, and to review the Parks Master Plan, and to come back to the Board with recommendations/Ayes: Unanimous. Discussion Regarding the Format and Current Practices Followed in Preparing Certificates of Recognition (Supervisor Bibby) BOARD ACTION: Supervisor Bibby initiated discussion relative to the format and current practices for handling certificates of recognition, including memorial certificates. Discussion was held relative to handling requests that arrive too late for inclusion on the agenda, and scheduling them retroactively. Discussion was also held relative to consideration of establishing alternative procedures that would not require Board action. The Board concurred with the following: formal resolutions need to have action taken by the Board prior to presentation; memorial certificates are to be signed by all Board members, ---PAGE BREAK--- 7-12-05 4 with the accompanying cover letter signed by the members that wish to do so; and all other certificates and documents being signed by the Board need to have approval by the Board, and in those cases when the matter is not known about to be scheduled timely, the matter shall be scheduled for action retroactively. Discussion and Possible Further Action Regarding the Local Emergency Due to the Flooding that Occurred throughout the County (County Counsel) BOARD ACTION: Tom Guarino, County Counsel, recommended that this matter be approved while we are working through the process for getting reimbursement. Dana Hertfelder, Public Works Director, advised of the status of their evaluation of Merced Falls, Old Toll, Hornitos and Bear Valley Roads to prepare plans and specifications for going out to bid for the repairs, and he advised that this matter will be brought back to the Board. Discussion was held relative to the timeframes. Supervisor Turpin asked about the status of staffing. Board members complimented the road crews for their continued efforts. (M)Bibby, (S)Turpin, Res. 05-330 was adopted continuing the local emergency due to the flooding that occurred/Ayes: Unanimous. 12:54 p.m. Rich Inman, County Administrative Officer; CLOSED SESSION: Conference with Legal Counsel: Anticipated Litigation/Significant Exposure to Litigation Pursuant to Subdivision of Government Code Section 54956.9 Relative to a Workers’ Compensation Case; and CLOSED SESSION: Conference with Legal Counsel: Anticipated Litigation/Significant Exposure to Litigation Pursuant to Subdivision of Government Code Section 54956.9 Relative to a Workers’ Compensation Case; CLOSED SESSION: Conference with Real Property Negotiator: Description of Real Property – 5101/5099 Bullion Street, Mariposa; Name of Party who will Negotiate with County: SPCA; Closed Session will Concern Price and Terms of Purchase (County Administrative Officer); CLOSED SESSION: Conference with Legal Counsel; Existing Litigation: California Government Code Section 54956.9(a); Dean v. County of Mariposa (Continued from -28-05) (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: (M)Bibby, (S)Stetson, the closed sessions were held, following a short recess, with Sandi Laird/Administration-Administrative Analyst, to be present for a portion of the session/Ayes: Unanimous. 1:04 p.m. The closed sessions were held. 2:27 p.m. Chairman Pickard announced that direction was given to staff as a result of the closed session matters. CONSENT AGENDA: CA-1 Action to Continue Emergency Findings for 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. 05-312 CA-2 Approve Change Order No. One to the Agreement with Intermountain Concrete, Increasing the Contract Amount by $1,500 for Additional Excavation and Concrete Needed for the Handicap Parking Project at the Amphitheater (Public Works Director); Res. 05-313 CA-3 Approve Budget Action for Fiscal Year 2004-2005, Transferring Funds from the Coulterville Utility Capital Fund to the Coulterville Service Area Budget to Cover ---PAGE BREAK--- 7-12-05 5 the Cost of Professional Services for the Water and Sewer Divisions through June 30, 2005 ($20,000) (4/5ths Vote Required) (Public Works Director); Res. 05-314 CA-4 Effective July 1, 2005, Delete the Allocation of One Maintenance Supervisor – Facilities Position and One Maintenance Worker III – Facilities Position from the Facilities Division and Allocate these Two Positions in Solid Waste (Public Works Director); Res. 05-315 CA-5 Authorize an Increase to the Petty Cash for the Building Department from $50 to $200 in Order to Assist the Public in Making Change for Payment of Building Fees when Paying with Cash (Building Director); Res. 05-316 CA-6 Approve Budget Action for Fiscal Year 2004-2005 Transferring Funds within the Fire Department Budget Unit to Adjust Line Items due to Unanticipated Expenses ($5,500) (Fire Chief); Res. 05-317 CA-7 Authorize the Human Services Department to Enter into a Professional Services Agreement with Allen, Polgar, Proietti and Fagalde for Continued Legal Services for the Child Welfare/Protection Unit (Human Services Director); Res. 05-318 CA-8 Approve an Application for a CalTrans Encroachment Permit in Support of Closing Highway 140 from 11:00 a.m. – 12:30 p.m., Saturday, September 3, 2005, between Coakley Circle and 3rd Street for the Labor Day Fair Parade and Authorize the Chairman of the Board of Supervisors to Sign a Letter to the Department of Transportation, Documenting the Board’s Support and Approval (Technical Services Director); Res. 05-319 CA-9 Approve the Mariposa County GIS Base Parcel Map Agreement between the County of Mariposa and Sierra Telephone Company, Inc. for the Exchange of County GIS Data and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Technical Services Director); Res. 05-320 CA-10 Approve Contract for Services with Clara Mossman for Janitorial Services at the Health Department and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Health Officer); Res. 05-321 CA-11 Approve Contract for Services with Ray Kapahi, dba Air Permitting Specialist, for Provision of Air Pollution Engineering Consultation and Plan Review and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Health Officer); Res. 05-322 CA-12 Approve Agreement for Special Services between Merced County and Mariposa County for the Storage of Human Remains and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Sheriff); Res. 05-323 CA-13 Approve Budget Action Transferring Funds for Fiscal Year 2004-2005 within the Sheriff’s Budget Unit due to the Increase in the Number of Arrests Associated with the Use of Illegal Drugs and Alcohol ($3,000) (Sheriff); Res. 05-324 CA-14 Approve Contract for Services with Norman Savage for General Maintenance Services at the Mariposa County Adult Detention Facility and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Sheriff); Res. 05- 325 ---PAGE BREAK--- 7-12-05 6 CA-15 Authorize the Chairman of the Board of Supervisors to Sign the Contract between the County of Mariposa and the Mariposa County Chamber of Commerce for the Operation of the Visitors Centers in the Towns of Mariposa and Coulterville, Effective July 1, 2005 – June 30, 2010 (Tourism Coordinator); Res. 05-326, with direction for the statistical information on the visitors centers to be provided to the Board 2:28 p.m. Adjournment in memory of Everett Hershell Anthony, Marge Blanke, John C. Seidlitz, Gertrude “Trudy” Christine Thompson, and Jack Neil Autrand. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board