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Time Description 9:06 a.m. Meeting Called to Order at the Mariposa County Government Center, with Supervisor Bibby excused. Students from Mariposa Elementary School led in the Pledge of Allegiance. Introductions Chair Turpin; A) Proclaim May 6th, 2008 as “World Asthma Day” and May, 2008 as “World Asthma Month” BOARD ACTION: (M)Pickard, (S)Aborn, the Proclamation was approved and presented to Kathy Adamcik, representing the Merced-Mariposa County Asthma Coalition/Ayes: Aborn, Turpin, Fritz, Pickard; Excused: Bibby. B) Proclaim the Month of May, 2008 as National Military Appreciation Month BOARD ACTION: (M)Fritz, (S)Aborn, the Proclamation was approved and presented to Connie Waldron representing the Merced River Chapter of the Daughters of the American Revolution and the Mariposa VFW/Ayes: Aborn, Turpin, Fritz, Pickard; Excused: Bibby. Connie Waldron commented on the importance of remembering our veterans and those in the service. C) Proclaim the Week of May 12th -18th, 2008 as “Mariposa County Relay for Life Week” BOARD ACTION: (M)Fritz, (S)Pickard, the Proclamation was approved and presented to Dennis Baker/Team Development Chair/Ayes: Aborn, Turpin, Fritz, Pickard; Excused: Bibby. 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. BOARD ACTION: Input from the public was provided by the following: Paul Chapman referred to item 9 and the previous request and expressed concern with purchasing light-duty air conditioners. Supervisor Aborn pulled item 6. Supervisor Turpin pulled item 8. (M)Pickard, (S)Fritz, the balance of the items was approved/Ayes: Aborn, Turpin, Fritz, Pickard; Excused: Bibby. Item 6 – Supervisor Aborn initiated discussion relative to including a bus connection for UC Merced. (M)Aborn to give direction to staff to bring this matter back for discussion with YARTS on including a connection for UC Merced, was seconded by Fritz, with including approval of the agreement. Thomas P. Guarino, County Counsel, advised that the request is for renewal of the annual agreement and that it could be continued to May 13th for discussion with Dick Whittington/MCAG. The second to the motion was withdrawn, and the motion was withdrawn. The matter was continued to May 13th. MARIPOSA COUNTY BOARD OF SUPERVISORS SUMMARY OF PROCEEDINGS May 6, 2008 ---PAGE BREAK--- 2 5-6-08 Item 8 – Tina Buirch/Agricultural Commissioner Department, responded to questions relative to the unanticipated revenue. (M)Aborn, (S)Fritz, item 8 was approved/Ayes: Aborn, Turpin, Fritz, Pickard; Excused: Bibby. 9:32 a.m. Carrie Guarino, Teacher; Mariposa Elementary School Sixth Grade Students’ Presentation on the Ferguson Rockslide BOARD ACTION: Carrie Guarino provided input on the class work the students did on the Ferguson Rockslide. The following students gave presentations: Bill Aborn gave a demonstration of the slide and a speech. Jessica Guarino (7th grade) and Victoria Thorpe gave a power point presentation. K.C. Nabors and Cole Higton gave a power point presentation. Babul Das, Faith McCoy, and Brittany Snell gave a power point presentation. Chair Turpin thanked the students for the presentations and gave them each a Courthouse pin; and he advised that work is being done now to improve the access – the installation of two new temporary bridges that will allow for full-length vehicle access. 9:50 a.m. Recess 9:58 a.m. Public Presentation: For Items within the Jurisdiction of the Board and not on Today’s Agenda. Kenneth Gosting, TIE (Transportation Involves Everyone), expressed concern with the lack of coordination with YARTS for the bus stop changes when parades occur; and advised of their efforts to correct a news story that ran relative to infrastructure problems in National Parks and included the ventilation system for the Wawona Tunnel which was fixed a year and one-half ago. Supervisor Turpin commented on a Modesto Bee story he saw; and Supervisor Pickard thanked TIE and Ken for their efforts. Ruth Catalan asked about the status of filing the Williamson Act Compliance Officer position. Chair Turpin responded that there is a qualified individual who may be on board soon. Dick Hutchinson suggested that the Board consider implementing an employee recognition program. Board Information Supervisor Fritz advised that the Civil War Reenactment and Butterfly Days and the related events were very successful. She expressed appreciation to Dell Knell and the downtown merchants for the Butterfly Days events. She noted that Pow Wow is scheduled for this weekend. CalTrans has scheduled an Essential Access Celebration on Friday for the new temporary bridges at the Ferguson Rockslide that will allow full-length vehicle access. Supervisor Pickard advised that he attended the California Bio-Diversity Council meeting and he reported on field trips they took to three ranches that are being preserved and on the issues that were discussed. He advised that there was a dedication of the McCready Ranch into a Conservation Easement on Saturday. Supervisor Aborn advised of his discussion with CHP Lt. Price and noted that July 3rd is the target date for opening of the new temporary bridges at the Ferguson Rockslide, and he noted that a ceremony is scheduled for Friday for this project. He advised of preliminary discussions with the Vice- Chancellor of UC Merced relative to opportunities to bring high-tech businesses to the County. Supervisor Turpin advised that he attended the High Speed Internet meeting in Sonora, and he requested to be on the Executive and the Facilities Committee. He attended the VFW Loyalty Day presentation in Coulterville. He attended the North Mariposa County Ambulance Association meeting on Monday. He noted that the CalTrans new temporary bridge celebration is scheduled for Friday. Thomas P. Guarino, County Counsel & Dana Hertfelder, Public Works Director; Review, Discuss and Adopt a Policy Regarding Encroachments on the Don Pedro Equestrian/Pedestrian Trails and Appropriate Necessary Funding to Implement Policy BOARD ACTION: Discussion was held with Tom Guarino and Dana Hertfelder. ---PAGE BREAK--- 3 5-6-08 Input from the public was provided by the following: Paul Chapman referred to the history of the trails and stated they were originally used to drive cattle. David Taylor referred to information he provided to the Board on April 22nd relative to his concerns about the location of an equestrian/pedestrian easement in front of his property and of his follow-up with Public Works staff. He stated he feels that all aspects of riders and the horses and capabilities need to be considered. Further discussion was held. (M)Pickard, (S)Aborn, Res. 08-176 was adopted approving the policy as recommended/Ayes: Aborn, Turpin, Fritz, Pickard; Excused: Bibby. 10:55 a.m. Recess 11:07 a.m. Dana Hertfelder, Public Works Director; Waive First Reading and Introduce Ordinance Creating Chapter 12.30 Entitled “Landscape and Sidewalk Requirements” of the Mariposa County Code BOARD ACTION: County Counsel advised of a request received from counsel for Rite-Aid requesting on behalf of Halferty Development Company to continue this matter to June 10 to allow time for further discussion with CalTrans. Discussion was held with Dana Hertfelder relative to the status of the Rite-Aid project and the request. The matter was continued to June 10th at the applicant’s request. 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: Rick Benson recommended that the local emergency be continued; and he advised of the Essential Access Celebration that CalTrans scheduled for this Friday for the new temporary bridge project and that the work started last week on this project. He advised that he will be participating with CalTrans with their weekly meetings. Input from the public was provided by the following: Dick Hutchinson stated it has taken two years for this new interim project; however, this is not solving the problem and he feels it is another bandage. He feels the traffic lights and pull-outs need to be addressed for emergency access; and he feels that we need to keep the pressure on for a permanent fix. Rick Benson advised that CalTrans has scheduled a public workshop on the permanent fix for May 21st at the Government Center and May 22nd in El Portal, from 4 to 7 p.m. (M)Aborn, (S)Fritz, Res. 08-177 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, Fritz, Pickard; Excused: Bibby. Adopt a Resolution Accepting the Administrative Law Judge’s Proposed Decision to Deny Former Fire Chief Blaine Shultz’s Industrial Disability Retirement Application (County Administrative Officer/Personnel/Risk Manager) BOARD ACTION: Rick Benson provided input and advised of a request received from Blaine Shultz for a new hearing; and he recommended that the Board accept the Administrative Law Judge’s proposed decision. (M)Pickard, (S)Aborn, Res. 08-178 was adopted as recommended/Ayes: Aborn, Turpin, Fritz, Pickard; Excused: Bibby. Approve the Final Set of 2007-2008 Reclassification Requests as Recommended, to be Effective January 1, 2008 (County Administrative Officer/Personnel/Risk Manager) BOARD ACTION: Rick Benson presented the staff report. (M)Aborn, (S)Fritz, Res. 08-179 was adopted denying reclassification request for Accounting Technician I position in HSD/Social Services and Information Systems Specialist in Technical Services; and approving modified reclassification request for Account Clerk II position to Account Clerk III in HSD/Behavioral Health/Ayes: Aborn, Turpin, Fritz, Pickard; Excused: Bibby. ---PAGE BREAK--- 4 5-6-08 Adopt a Resolution Modifying the Operational Time Limits of Conditional Use Permit (CUP) No. 206 for Outback Materials for the Construction of Replacement Temporary Bridges to Make El Portal and Yosemite Valley More Fully Accessible to Essential Traffic from Highway 140 and the Communities of Midpines and Mariposa (County Administrative Officer/Personnel/Risk Manager) BOARD ACTION: Rick Benson presented request. Input from the public was provided by the following: Ruth Sellers thanked Rick Benson for sending her a letter advising of this matter; and she advised that she has no problem with this emergency request. She noted that there is a plant in town and asked how the bid process works for this matter. Chair Turpin responded relative to the CalTrans and contractor’s process. (M)Fritz, (S)Aborn, Res. 08-180 was adopted approving the recommended action/Ayes: Aborn, Turpin, Fritz, Pickard; Excused: Bibby. 11:37 a.m. CLOSED SESSION: Conference with Legal Counsel: Existing Litigation: California Government Code Section 54956.9 Name of Claimant or Case Number and Name of Adverse Parties: Hazel Green Ranch, LLC v. United States Department of the Interior, et al., Case No. 1:07-CV- 00414-OWW-SMS (County Counsel); CLOSED SESSION: Conference with Legal Counsel: Anticipated Litigation; Initiating of Litigation Pursuant to Subdivision of Government Code Section 54956.9; Name of Case to be Discussed: County of Mariposa v. Bartlett Petroleum (County Counsel); and CLOSED SESSION: Conference with Legal Counsel: Anticipated Litigation: Initiating of Litigation Pursuant to Subdivision of Government Code Section 54956.9; Number of Cases to be Discussed: 1 (County Counsel) BOARD ACTION: (M)Fritz, (S)Aborn, the closed sessions were held/Ayes: Aborn, Turpin, Fritz, Pickard; Excused: Bibby. 12:12 p.m. Chair Turpin announced the following as a result of the closed session matters: information was received from staff on the Hazel Green Ranch matter; direction was given to staff on the Bartlett Petroleum matter; and action was taken to authorize staff to initiate litigation against Mr. and Mrs. Dean Potter on a code violation by the following vote: Ayes: Aborn, Turpin, Fritz, Pickard; Excused: Bibby. CONSENT AGENDA CA-1 Re-appoint Janet Bibby as Representative of the Board of Supervisors to the First 5 Commission for a Term Expiring May 6, 2011 (Human Services Director) CA-2 Approve the Termination of Tisa Ruport’s Appointment to the Alcohol and Drug Advisory Board (Human Services Director) CA-3 Approve a Lease Agreement with Richard Roesch Located at 5026 Broadway, Coulterville, for Behavioral Health and Authorize the Board of Supervisors Chair to Sign the Agreement (Human Services Director); Res. 08-163 CA-4 Approve the Amended Alcohol and Drug Board By-laws (Human Services Director); Res. 08-164 CA-5 Approve Budget Action Transferring Funds within the Child Support Department Budget to Cover Anticipated Office Supplies for the Remainder of the Fiscal Year ($3,900) (Child Support Director); Res. 08-165 ---PAGE BREAK--- 5 5-6-08 CA-6 Approve an Agreement with Yosemite Area Regional Transportation System (YARTS) Joint Powers Authority (JPA) to Continue Providing Round Trip Transit Services from Mariposa County to Merced Junior College (County Counsel); Matter was continued to May 13, 2008 CA-7 Approval of Summary of Proceedings of April 19, 2008, Continued Meeting, Approval of Summary of Proceedings of April 22, 2008, Regular Meeting (Clerk of the Board) CA-8 Approve Budget Action Accepting Unanticipated Revenues of ($3,675) Due to Unanticipated Increase in Pesticide Mill Assessment Subvention for Fiscal Year 2007-2008 (4/5ths Vote Required) (Agricultural Commissioner); Res. 08-175 CA-9 Authorize the Technical Services Director to Purchase a New Data Center Air Conditioner in the Amount of $3,644, Including Permit Fee, and Waive the Three Bid Requirement for Purchases in Excess of $3,000 (Technical Services Director); Res. 08-166 CA-10 Approve Budget Action Transferring Funds within the Sheriff’s Department Budget to Cover Unanticipated Extra-help Expenses ($8,000) (Sheriff); Res. 08-167 CA-11 Approve Budget Action Transferring Funds within the Jail Budget to Cover a Change in Account Billing ($5,000) (Sheriff); Res. 08-168 CA-12 Approve Budget Action Transferring Funds within the Jail to Cover an Error in Overtime Compensation ($4,000) (Sheriff); Res. 08-169 CA-13 Approve a Lease Agreement with Ralph Swenson for the Greeley Hill Sheriff Station One, Located at 10549 Fiske Road, and Authorize the Board of Supervisors Chair to Sign the Agreement (Sheriff); Res. 08-170 CA-14 Authorize the Public Works Director to Close Broadway Street in Coulterville from Cemetery Road to Park Lane on October 18, 2008 from 10:00 a.m. to 5:00 p.m. to Hold a Soap Box Derby (Public Works Director); Res. 08-171 CA-15 Approve an Agreement with Area 12 Agency on Aging for In-kind Legal Services in the Amount of ($26,873) for Fiscal Year 2008-2009, Ratifying Administrative Match Agreement for Fiscal Year 2007-2008 and Authorize the Board of Supervisors Chair to Sign the Agreement (Supervisor Pickard); Res. 08-172 CA-16 Approve Budget Action Transferring Funds within the Library Budget to Allow for Payment of Rental for the Red Cloud Branch Library until New Library Building is Complete (Librarian); Res. 08-173 CA-17 Approve Budget Action Transferring Funding within the Grand Jury Budget to Accommodate Unexpected Expenditures in Office Supplies ($700) (County Administrative Officer/Personnel/Risk Manager); Res. 08-174 ---PAGE BREAK--- 6 5-6-08 12:13 p.m. Adjournment in memory of James Lee Putman, Edith Ellen Cox, Agnes Gunther, Janie (Pryor) Severns, Mae A. Sell, and Katherine “Kitty” Negrin. Respectfully submitted, MARGIE WILLIAMS, Clerk of the Board LYLE TURPIN, Chair, Board of Supervisors