Full Text
Time Description 9:02 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Introductions Chair Bibby advised that the special edition of Fresno Bee newspapers were available for the annual “Kid’s Day” fundraiser to benefit the Valley Children’s Hospital. Chair Bibby and Supervisor Pickard had newspapers available for the Board members. Approval of Consent Agenda (See End of Minutes) 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. BOARD ACTION: There was no public input. Chair Bibby commented on item 2 concerning matching costs. (M)Fritz, (S)Aborn, all items were approved/Ayes: Unanimous. Public Presentation: For items within the jurisdiction of the Board and not on today’s agenda. Chair Bibby asked that if the public has a request that will be in-depth and take more than a few minutes, that they present a written request to be scheduled on the timed agenda. There was no public input. Board Information Supervisor Turpin advised that he attended the Calaveras-Mariposa Community Action Agency (CAA) meeting in Coulterville on Wednesday, and he attended the community workshop regarding the draft Economic Vitality Strategy for Mariposa County at the Fire House. On Saturday, Fire Chief Jim Wilson and County Administrative Officer Rick Benson joined him for a meeting with Don Pedro homeowners and property owners for a presentation on the continuation of the Amador Plan and funding options. About 1,300 invites were sent out advising of the meeting, and about 30 people attended the meeting. On Monday he represented the History Center in Coulterville at the Historic Sites and Records Preservation Committee meeting for a sign request for the History Center. He advised of the Don Pedro Community Services District meeting. Supervisor Aborn advised that he attended the El Portal Town Planning Advisory Committee meeting on the previous Tuesday – discussion was held relative to speeding issues in town; and the Midpines Town Planning meeting – discussion was held relative to the boundary and the increase in wild turkeys; and he commented that an update would be given later in the meeting on the San Joaquin Valley Rail Committee meeting. Supervisor Pickard advised that he attended the “Day at the Capitol” last week for the Weed Awareness Week; and he provided a status report on legislation they are working on. He also advised of the status of SB 277, gas tax for counties without incorporated cities. He advised that he plans to MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA March 20, 2007 ---PAGE BREAK--- 2 3-20-07 attend the RCRC (Regional Council of Rural Counties) meeting on Wednesday in Sacramento – they plan to begin an effort to discuss community wildland protection planning with Fire and CAL FIRE; and he plans to attend the CMSP (County Medical Service Program) governing board meeting on Thursday in Sacramento. Supervisor Fritz advised that the CSAC (California State Association of Counties) Health Care Reform telephone conference meeting was cancelled. She attended the Sierra Nevada Conservancy meeting on Thursday, and she noted that Supervisors Turpin and Pickard were also in attendance; and it looks like there will be grant funding available for communities. She plans to attend the CSAC Legislative Conference on March 27th; and the Soroptimist fundraiser event – Gold Rush Dinner Dance is scheduled for March 31st. Supervisor Bibby advised that she attended the Calaveras-Mariposa CAA meeting on Friday, and they are trying to get back an assessment from the community on low income needs, and their next meeting will be held in May. On Monday she toured the Coyote Springs Ranch – location for the upcoming Catheys Valley Fair scheduled for Mar 19-20, with other County staff. She has been asked to be a judge for the 4-H Favorite Foods/Presentation Day on Saturday. She commented on the volunteer activity sheet that was recently received from the Fire Chief, and commended the volunteers for their continued service. Jim Allen, Sheriff; A) Discussion and Direction to Staff to begin the Process to Increase the Fee for Dog Licenses under Mariposa County Ordinance 6.08.040 BOARD ACTION: Discussion was held with Joel Bibby, Sheriff’s Captain, relative to the request, and he reviewed the fees for neighboring counties. Supervisor Fritz asked about the timing for rabies vaccination, and was advised that the vaccination can be given at one and three year intervals. Supervisor Pickard initiated discussion relative to consideration of changing the license structure to include “chipping” – the placement of a chip in the dogs. Captain Bibby advised that the Ordinance that requires tags would need to be amended to allow for the chips. There was no public input. (M)Pickard, (S)Turpin, direction was given for staff to begin the process and to schedule a public hearing to increase the fees and to amend the Ordinance to allow for chips/Ayes: Unanimous. B) Discussion and Direction to Staff to begin the Process to Establish a Fee to Euthanize Owner Released Unwanted Domestic Pets BOARD ACTION: Discussion was held with Captain Joel Bibby relative to the request. Supervisor Aborn suggested that this be evaluated in a year. There was no public input. (M)Fritz, (S)Aborn, direction was given to staff to begin the process and to schedule a public hearing to establish a fee; with an evaluation to occur in a year/Ayes: Unanimous. Dana Hertfelder, Public Works Director; Authorize Public Works to Apply for $40,000 in Proposition 40 Funding for the Rehabilitation of the Mariposa County Park Pool using $30,000 from the Proposition 40 Funds Set Aside for the Mariposa Park and $10,000 of the Proposition 40 Funds Set Aside for the Regional Recreation Complex; Approve Budget Action Adjusting Revenue and Appropriations in the Parks and Recreation Fund and the Proposition 40 Projects Fund ($10,000); Approve an Agreement with Apex Composite Technology for Resurfacing and Renovating the Mariposa Pool and Authorize the Board of Supervisors Chair to Sign the Agreement (Continued from 3-13-07) (4/5ths Vote Required) BOARD ACTION: Discussion was held with Dana Hertfelder relative to the request. Supervisor Pickard asked about the status of the heater for the pool, and he asked that it be pursued. Dana Hertfelder advised that they are working on the heater and need to review the impacts on staffing; however, that can be done as a separate project. There was no public input. (M)Turpin, (S)Pickard, Res. 07-96 was adopted approving the requested actions/Ayes: Unanimous. ---PAGE BREAK--- 3 3-20-07 Supervisor Turpin; Review Approved Secure Rural Schools and Community Self-Determination Act of 2000 Title III Projects and Remaining Funding Available; Discussion and Possible Direction to Staff Regarding Future Funding Requests for Title III Projects BOARD ACTION: Supervisor Turpin initiated discussion relative to the status of the Title III projects and funding. He noted that SWIFT and the Fire Safe Council will need to pursue funds for administration of their programs. He requested that consideration be given for additional funding for the fuel reduction programs. Supervisor Pickard requested a recess to obtain information on how the unallocated funds will be handled if the program goes away. 10:01 a.m. Recess 10:14 a.m. Further discussion was held relative to the regulations concerning the unallocated funding if the program goes away. Mary Hodson, Deputy County Administrative Officer, provided input relative to the regulations and program requirements. There was no public input. (M)Turpin, (S)Aborn, direction was given to staff to begin the 45-day comment period for allocating an additional $20,000 into the fuel reduction program utilized by California Department of Corrections (CDC) crews/Ayes: Unanimous. Supervisors Aborn and Fritz; Update and Information on the San Joaquin Valley Rail Committee BOARD ACTION: Supervisor Aborn reported on the Committee meeting and he advised that the Yosemite Bug provided bus transportation to the Merced Amtrak station for the community and business leaders, and they took the Amtrak train to Fresno for the meeting. He advised that there were posters and signs and media coverage, and he thanked Ken Gosting for his efforts in putting everything together. He advised of the status of the County’s request for two voting memberships on the Committee, and he thanked everyone for their participation. Supervisor Fritz added to the report, and she advised that there is a Technical Advisory Committee meeting on April 13th in Oakland and she plans to attend. The next Committee meeting is scheduled for May; and there will be an item to amend their by-laws to allow for the membership. Input from the public was provided by the following: Ken Gosting, TIE (Transportation Involves Everyone), stated he believes that there will be people from the community attending the Technical Advisory Committee meeting, but with less of a presence. He also advised that Amtrak will pay for the fares for the people attending the meeting. He presented a news memo to the Board from TIE. He thanked Supervisor Pickard for getting the ball rolling with his initial letter requesting that the County be granted membership on the Committee. He thanked the following: Yosemite Bug for providing pine cones, Jeanetta Phillips for helping to arrange the transportation to the meeting, Charles Phillips for the photographs, and VIA Adventures for standing by with a larger bus if needed. Supervisor Pickard acknowledged Supervisors Fritz and Aborn for their work on this matter; and to Ken Gosting and the other community and business persons that have participated. Chair Bibby echoed the acknowledgement. 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 that the conference call was cancelled for last Friday due to a conflict with CalTrans’ staff. He advised that he spoke with Kevin Cann of Yosemite National Park relative to coordinating the socio-economic study with them. He is still receiving information from individuals and businesses relative to the impacts of the Ferguson rockslide; and he recommended that the emergency be continued. Chair Bibby advised of her phone conversation with District 10 CalTrans Director Kome Ajise on Monday. She noted that it is important that everyone recognize that CalTrans continues to work as fast as they can – they are going through the process to achieve a permanent fix and they are in contact with the State Department of Transportation ---PAGE BREAK--- 4 3-20-07 and the Federal Highways Administration; and the Governor’s office and the legislators are involved. Kome Ajise will come back before the Board in May or earlier as soon as they have recommendations for moving forward with the project. She noted that Kome Ajise commented on Julie Dunning’s report from the workshop, and he advised that ten years is not a CalTrans estimate to complete the permanent fix. There have been some rocks coming down, but no unusual incidences. CalTrans is looking for solutions that will not detract from the visual experience of the River Canyon. Chair Bibby also noted that she has asked the Fire Chief to review whether there is any statute of limitations on how long the emergency can be continued. There was no public input. (M)Fritz, (S)Aborn, Res. 07-97 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. Approval of Minutes of February 20, 2007, Regular Meeting (Clerk of the Board) BOARD ACTION: There was no public input. (M)Fritz, (S)Turpin, the minutes were approved/Ayes: Unanimous. Adopt a Resolution Declaring the Board’s Intention to Lease Grazing Property Located in the Hornitos Area (County Counsel) BOARD ACTION: Thomas P. Guarino, County Counsel, initiated discussion relative to consideration of leasing property located in Hornitos for grazing. Input from the public was provided by the following: Paul Chapman provided input on the matter; and he asked why the 153 plus or minus acres that are owned by the County were not included in this process. Further discussion was held. (M)Turpin, (S)Pickard, Res. 07-98 was adopted setting the minimum bid at $12.50 an acre annually for a three-year lease, plus costs not to exceed $500. Supervisor Turpin asked that clarification be obtained from the Agricultural Commissioner that her information was based on an annual versus rate. Ayes: Unanimous. Adopt a Resolution Declaring the Board’s Intent to Lease Real Property Located in the Lake Don Pedro 1-M Area (County Counsel) BOARD ACTION: Thomas P. Guarino, County Counsel, initiated discussion relative to consideration of continuing the leasing of property located in Lake Don Pedro for grazing. Input from the public was provided by the following: Paul Chapman stated he feels that $12.50 per acre is a fair price. Further discussion was held. Supervisor Bibby asked why the Assessor could not place an APN number on the parcel, and she advised that she will follow-up with the Assessor on this. (M)Turpin, (S)Fritz, Board Res. 07-99 was adopted and County Service Area 1M (Lake Don Pedro) Res. 07-1 was adopted setting the minimum bid at $12.50 an acre annually for a three-year lease, plus costs not to exceed $500/Ayes: Unanimous. 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: Case No. ANA0378100 Michael Standen v. County of Mariposa (County Administrative Officer/Personnel Director/Risk Manager); and CLOSED SESSION: Conference with Real Property Negotiator; Description of Real Property: Juanita Moore/SPCA Property on Bullion Street; Agency Negotiator: Thomas P. Guarino; Name of Party who will Negotiate with County (Not Party’s Agent): SPCA; Closed Session will Concern Price and Terms of Lease/Purchase (County Counsel) BOARD ACTION: There was no public input. (M)Turpin, (S)Pickard, the closed sessions were held at 1:30 p.m./Ayes: Unanimous. 11:33 a.m. Lunch 1:37 p.m. The Board convened in closed session. ---PAGE BREAK--- 5 3-20-07 1:55 p.m. Recess 2:00 p.m. Chair Bibby announced that direction was given to staff in the case of Standen v. the County as a result of the closed session; and information was received and no action taken on the real property matter. Kris Schenk, Planning Director; A) PUBLIC HEARING to Consider Specific Plan/Zoning Amendment 2006-295; Adopt a Resolution Approving the Project; Adopting a Negative Declaration; Waive the First Reading and Introduce an Ordinance Amending Zoning Ordinance Text. The Project Proposes to Amend the Mariposa Town Planning Area Town Plan and Zoning Ordinance Regarding Drive-Thru’s and Affects all General Commercial Zoned Properties in the Mariposa Town Planning Area; Halferty Development Co. LLC, Project Proponent BOARD ACTION: Larry Enrico, Senior Planner, presented the staff report. Staff responded to questions from the Board relative to the effective date of the Ordinance; and as to why the traffic study and air pollution study were omitted from the Planning Commission’s recommendation to the Board. The public portion of the hearing was opened and input was provided by the following: Jim Halferty, Halferty Development Company – a developer for Rite Aid, noted that he is not here to discuss Rite Aid. He is here for the amendment to the Town Plan to allow drive-thru’s and to answer any questions. He thanked staff for their hard work and for their presentation on this matter, and the community for working with them. He responded to questions from the Board as to whether there are any designs for Rite Aid in California that do not have drive-thru’s and whether they have run across other areas with “no drive-thru” policies. He advised that the drive-thru is mandatory by their corporate office and they have worked with other “no drive-thru” policies to resolve the issue. There was no other input. The public portion was closed and the Board commenced with deliberations. Larry Enrico reviewed the recommended actions. (M)Fritz, (S)Pickard, Res. 07-100 was adopted adopting a Negative Declaration, with the recommended findings, and approving the amendments to the Mariposa Town Plan and the Mariposa County Zoning Ordinance, Title 17/Ayes: Unanimous. (M)Fritz, (S)Aborn, the first reading was waived and an Ordinance introduced approving the amendment to the Mariposa County Zoning Ordinance, Title 17, pursuant to Specific Plan/Zoning Amendment 2006-295 regarding drive-thru’s. The Clerk of the Board read the title of the Ordinance into the record. Ayes: Unanimous. The hearing was closed. 2:33 p.m. Recess 2:37 p.m. B) Adopt a Resolution Establishing a Schedule of Dates Expected for Public Hearings to Consider 2007 Amendments to the Mariposa County General Plan BOARD ACTION: Discussion was held with Kris Schenk. There was no public input. (M)Pickard, (S)Turpin, Res. 07-101 was adopted approving the proposed schedule/Ayes: Unanimous. C) Adopt a Resolution Correcting Certain Persisting Errors in the Adopted General Plan BOARD ACTION: Discussion was held with Kris Schenk. Supervisor Turpin commented on a problem with a map for the Mondo property. Input from the public was provided by the following: Don Starchman, Starchman-Bryant Law Offices, noted that they referred to the Mondo property issue in their letter to the Board dated October 16, 2006; and he advised of their subsequent meeting with Supervisor Turpin and the Planning Director and assurance they received that the problem had been resolved. (M)Pickard, (S)Turpin, Res. 07-102 was adopted correcting the four errors in the adopted General Plan as recommended; and with direction for staff to bring back any further map corrections to the Board for approval. Kris Schenk apologized for the Mondo property issue, and he advised that they plan to further review the maps and bring back any other corrections. Ayes: Unanimous. ---PAGE BREAK--- 6 3-20-07 CONSENT AGENDA: CA-1 Approve Probation Office Staff to Donate Accrued Vacation and/or Compensatory Time to the Sick Leave Account of a Probation Office Employee (Chief Probation Officer); Res. 07-91 CA-2 Adopt a Resolution Authorizing the Chief Probation Officer to Sign and Submit the Corrections Standards Authority for the Period of April 2007 through June 2008 for the Title II, ADAPT Program (Chief Probation Officer); Res. 07-92 CA-3 Approve 5-Year Tax Defaulted Parcels Scheduled for Auction on August 24, 2007 (County Clerk/Treasurer/Tax Collector); Res. 07-93 CA-4 Approve Budget Action Transferring Funds within the District Attorney’s Budget to Cover Unexpected Expenses for the Branson and Spigner Trials ($6,000) (District Attorney); Res. 07-94 CA-5 Re-appoint Dr. Charles Mosher, Public Health Officer to the First 5 Commission, Term Expiring March 2010 and Janet Bibby, Representative of the Board of Supervisors to the First 5 Commission, Term Expiring January 2008 (Human Services Director) CA-6 Appoint Tisa Ruport to the Alcohol and Drug Advisory Board, Term Expiring March 20, 2010 (Human Services Director) CA-7 Ratify Approval of Letter to Senator Cogdill Supporting Senate Bill 277 Which Attempts to Secure Vehicle License Fees, Gas Taxes and Diesel Fuel Taxes Funding for Alpine, Mariposa and Trinity Counties (County Administrative Officer); Res. 07-95 2:57 p.m. (M)Turpin, (S)Aborn, the Board adjourned in memory of Nelson M. Otis and Jacqueline Ketterle/Ayes: Unanimous. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board