Full Text
Time Description 9:06 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Introductions 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: Supervisor Bibby advised of a correction to the June 26th minutes in item 11 to reflect “Parker Drive” versus “Park Drive” and she pulled item 9 for action later this date. (M)Turpin, (S)Aborn, the balance of the items was approved/Ayes: Unanimous. Public Presentation: For Items within the Jurisdiction of the Board and not on Today’s Agenda – none. Rick Benson, County Administrative Officer, referred to a story in the Gazette the previous week relative to the budget, and he clarified the status of the budget process. Board Information Supervisor Turpin reported on the situation with the failure of a water pump in Coulterville on Friday. On Wednesday, he attended the local noxious weed meeting with departments. On Thursday, he attended a meeting with CalFire on a road issue. He advised of an incident with a fire on Greeley Hill Road and concern relative to response by the Forest Service, and he advised that he will follow-up. Supervisor Aborn attended a community meeting in Midpines on Thursday and cell towers were discussed. He advised that a letter was received from the San Joaquin Valley Rail Committee relative to their budget status and the High Speed Rail budget. He clarified what he said in regard to a recent quote in the newspaper concerning the use of guns. Supervisor Pickard attended a meeting in Wawona on Monday with the Park Service concerning water conservation measures for the area. He plans to attend the County Medical Services Program (CMSP) meeting on Thursday. Supervisor Fritz attended the YARTS meeting on Monday, and she advised that they are running some of the new 32-passenger buses, and they are planning for the use of larger buses with transfers to smaller buses due to the rockslide. She referred to a report from the Park Service that shows that visitation to Yosemite is up. She advised of the receipt of a letter from the Department of Interior advising that the Yosemite Valley Plan has been changed to not limit private vehicles in the Park. She plans to attend the Juvenile Justice Committee meeting on August 1st, and the Gateway meeting on August 2nd in Yosemite. Supervisor Bibby thanked Public Works, County Fire, and the Sheriff’s Department for keeping the water flowing in Coulterville when their water pump failed. She attended the Mother Lode Job MARIPOSA COUNTY BOARD OF SUPERVISORS SUMMARY OF PROCEEDINGS July 24, 2007 ---PAGE BREAK--- 2 7-24-07 Training Board meeting on Thursday. She thanked the emergency personnel for their quick response to the fires at Allred and Ashworth Roads on Highway 49. On Wednesday, she plans to meet with Dr. Mosher and with the Hospital staff on health care issues. She has a call in to CalTrans asking about the status of holding the next meeting on the Ferguson Rockslide. She commented on water issues in other communities as a result of the draught. Supervisor Fritz noted that the Park Service reported at the YARTS meeting that this is the 4th driest year in the last 90 years. Chair Bibby noted that the public hearing is scheduled for 6:00 p.m. for the County Service Area 1-M, Lake Don Pedro area, fire protection assessment; and she noted the Information item on the agenda for the contracts entered into by the County Administrative Officer. Supervisor Turpin commented on the water issues with the draught. 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 advised that he received a copy of the minutes of the Technical Team that is working with CalTrans, and they are continuing with planning for repairs. (M)Fritz, (S)Aborn, Res. 07-359 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. Consider Items Removed from the Consent Agenda Item 9 – application to the RTCA for the Mariposa Creek Parkway. Following discussion with Marilyn Lidyoff, Administration-Economic Development Coordinator, concerning the length of the overall project, (M)Pickard, (S)Aborn, item 9 was approved/Ayes: Unanimous. Discussion Regarding the Hearing Process on the “Draft Bay” Area to Central Valley High Speed Transportation Program Environmental Review/Environmental Impact Statement and Authorize the Board of Supervisors Chair to Sign a Letter Requesting that Hearings be Scheduled in More Locations (Supervisor Aborn) BOARD ACTION: Discussion was held. Input from the public was provided by the following: Tom Grave, member of TIE (Transportation Involves Everyone), provided input and stated he supports the letter. Marvin Wells provided input and stated he feels it is important for the County to be involved in this project. (M)Aborn, (S)Fritz, Res. 07-361 was adopted approving the letter. The motion was amended, agreeable with the maker and second to include direction for the following to be sent a copy of the letter: Merced County, San Joaquin Valley Rail Committee, counties involved in the Rail Committee and those listed in the letter, Governor Schwarzenegger, and out legislative representatives/Ayes: Unanimous. Authorize the Chair of the Board of Supervisors to Sign a Letter Commenting on the Proposed Regulatory Action – Title 14, Chapter 7 – Fire Protection, Subchapter 3, Fire Hazard, Article 1 Regarding Fire Hazard Severity Zone (FHSZ) Maps (County Administrative Officer) BOARD ACTION: Discussion was held with Rick Benson and Jim Wilson, Fire Chief. Input from the public was provided by the following: Paul Chapman provided input and stated he supports the letter. Dick Hutchinson provided input on fuel reduction efforts. (M)Pickard, (S)Turpin, Res. 07-362 was adopted approving the letter, with a copy to be sent to CSAC. The motion was amended by the second, agreeable with the maker, to include direction for a copy of the letter to be sent to SWIFT/Ayes: Unanimous. ---PAGE BREAK--- 3 7-24-07 10:34 a.m. CLOSED SESSION: Anticipated Litigation: Initiating of Litigation Pursuant to Subdivision of Government Code Section 54956.9. Number of Cases to be Discussed: 1; Name of Case to be Discussed: County of Mariposa v. Al Clawson (Code Enforcement/Un-permitted Structures) (County Counsel); and CLOSED SESSION: Liability Claims; Claimant Name: GEICO General Insurance Company; Claim Number: C07-5; Name of Agency Sued: County of Mariposa (County Administrative Officer/Personnel/Risk Manager) BOARD ACTION: (M)Aborn, (S)Fritz, the closed sessions were held/Ayes: Unanimous. 10:51 a.m. RESULTS OF CLOSED SESSION: Chair Bibby announced that unanimous action was taken to authorize initiation of litigation on the code enforcement case, and direction was given to staff on Claim No. C07-5. 6:04 p.m. The Board reconvened. Richard J. Benson, County Administrative Officer; PUBLIC HEARING to Tabulate Ballots Received from Property Owners within the County Service Area 1-M, Lake Don Pedro Area; If the Majority of the Votes are in Favor of the Assessment Adopt a Resolution Confirming the County Administrative Officer’s Report to Establish Assessment; and Waive First Reading and Introduce an Ordinance Enacting an Assessment with County Service Area 1- M, Lake Don Pedro BOARD ACTION: Chair Bibby advised of a request that was received from the public to continue the hearing; and she advised that the Board would recess until 6:30 p.m. 6:38 p.m. Chair Bibby advised that the Board would continue in recess until 6:50 p.m. 7:00 p.m. The Board reconvened. Rick Benson presented the staff report and responded to questions from the Board. The public portion of the hearing was opened and input was provided by the following: Alice Riess provided input and asked questions. Rick Benson and Board members responded to the questions. The public portion of the hearing was closed. Rick Benson explained the tabulation process. Chair Bibby called for any additional ballots to be submitted or for changes. One ballot was submitted. Rick Benson provided the ballot tabulation results – the majority of the ballots submitted were in favor of the assessment. (M)Turpin, (S)Aborn, Res. 07-363 was adopted confirming the County Administrative Officer’s report to establish assessment; finding the project is exempt from the provisions of CEQA; confirming the Engineer’s report; and approving an annual per parcel assessment of not more than $125.00 for developed parcels and $25.00 for undeveloped parcels within County Service Area 1-M for enhanced fire protection and EMT services/Ayes: Unanimous. (M)Turpin, (S)Aborn, the first reading was waived and an Ordinance introduced establishing an assessment of $80.00 for developed and $16.00 for undeveloped parcels. Ayes: Aborn, Turpin, Bibby, Fritz; Noes: Pickard. INFORMATION – No action was necessary on the following: List of Contracts Entered into by the County Administrative Officer Pursuant to Ordinance 3.08 for the Months of May, June, and July 2007 (County Administrative Officer/Personnel/Risk Manager) CONSENT AGENDA: CA-1 Appoint Jennifer T. Nersesian to the Midpines Planning Advisory Committee for a Term Expiring February 28, 2008 (Planning Director) ---PAGE BREAK--- 4 7-24-07 CA-2 Approve Budget Action for FY 2006-07 Transferring Funds within the County Fire Department Budget ($10,700) and Transferring Funds from the Fire Budget to the Fire Vehicle Replacement Fund ($700) to Cover Increased Costs (4/5ths Vote Required) (Fire Chief); Res. 07-352 CA-3 Approve Budget Action for FY 2006-07 Transferring Funds within the Sheriff Department Budget to Cover Increase in the Annual Uniform Allowance as Negotiated with the Deputy Sheriff’s Association ($3,572) (Sheriff); Res. 07-353 CA-4 Approve Budget Action for FY 2006-07 Transferring Funds within the Sheriff Department Budget to Cover Increase in the Incentive Pay as Negotiated with the Deputy Sheriff’s Association and with the Sheriff’s Management Association and to Cover Longevity Pay Costs ($8,605) (Sheriff); Res. 07-354 CA-5 Approve Budget Action for FY 2006-07 Transferring Funds within the Sheriff Department Budget to Cover Unexpected Increase in Fuel Expenses ($11,320) (Sheriff); Res. 07-355 CA-6 Approve Budget Action for FY 2006-07 Transferring Funds within the Sheriff Department Budget to Cover Clothing Costs for Uniforms ($488) (Sheriff); Res. 07-356 CA-7 Approve Budget Action for FY 2006-07 Transferring Funds within the Sheriff Department Budget to Cover Safety Equipment Costs ($1,128) (Sheriff); Res. 07-357 CA-8 Approve Budget Action for FY 2006-07 Transferring Funds within the Sheriff Department Budget to Cover Unexpected Increase in Medical and Laboratory Expenses ($8,000) (Sheriff); Res. 07-358 CA-9 Approve an Application to the Rivers, Trails and Conservation Program (RTCA) for Conceptual and Master Planning Technical Assistance of a 0.4-mile Trail Section Along the Mariposa Creek Parkway (County Administrative Officer); Res. 07-360 CA-10 Approve a Certificate of Recognition for Cecil and Helen Uglow on Celebrating their 70th Wedding Anniversary (Supervisor Turpin) CA-11 Approval of Minutes of June 19, 2007, Regular Meeting; Minutes of June 26, 2007, Regular Meeting; and Summary of Proceedings of July 17, 2007, Regular Meeting (Clerk of the Board) 7:30 p.m. (M)Aborn, (S)Turpin, the Board adjourned in memory of Frank Edward Cole, Paula Alta Holan, and William “Bill” Jenkins/Ayes: Unanimous. Respectfully submitted, MARGIE WILLIAMS, Clerk of the Board JANET BIBBY, Chair, Board of Supervisors