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Time Description 9:10 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: Input from the public was provided by the following: Paul Chapman objected to item 3. Supervisor Aborn pulled item 3 and action was taken later this date. (M)Turpin, (S)Pickard, the balance of the items was approved/Ayes: Unanimous. Chair Bibby; A) Resolution and Tile Plaque Recognizing Cheryle Rutherford-Kelly Upon her Retirement as Human Services Director BOARD ACTION: (M)Fritz, (S)Aborn, Res. 07-420 was adopted and presented to Cheryle Rutherford-Kelly, along with a tile plaque/Ayes: Unanimous. B) Present Certificate of Recognition to Dale Hansell in Recognition of being the First Mariposan to Complete the 50-miler in the Mariposa Run for the Gold 2007 Event BOARD ACTION: (M)Pickard, (S)Aborn, the Certificate was approved/Ayes: Unanimous. Rich and Mary Darlene Theodore and Carol Suggs received the Certificate on behalf of Dale Hansell, and they provided input on the history of the ride event. 9:32 a.m. Recess 9:48 a.m. Chair Bibby advised of an addendum to the agenda and that the use determination item for the Old Masonic Lodge would be taken after the Board information item. Public Presentation: For Items within the Jurisdiction of the Board and not on Today’s Agenda. Theresa Castaldi, Coyote Springs Ranch, reported on their Super Summer Roping event held at the ranch over the weekend; and she advised that they plan to participate in the Weekend in the Country event in September. She advised that the permits for the cabins have been held up, not by the Building Department, and she asked for assistance. Cathy Young, on behalf of Coyote Springs Ranch, advised that they were a vendor for the weekend event and she commended everyone and stated they were very pleased with the facilities. Eleanor Keuning provided input on her opposition to drive-throughs in Mariposa. MARIPOSA COUNTY BOARD OF SUPERVISORS SUMMARY OF PROCEEDINGS August 28, 2007 ---PAGE BREAK--- 2 8-28-07 Board Information Supervisor Fritz advised that the High Speed Rail meeting is scheduled in Merced on August 30th; she plans to attend the Juvenile Justice Committee meeting on September 5th, the County Fair is scheduled for this weekend, and she will not hold a District IV meeting on September 3rd – the next meeting is scheduled for October 1st at 6:00 p.m. at the Government Center. Supervisor Aborn advised of the extension of hours for the El Portal swimming pool; he noted the High Speed Rail meeting is scheduled for August 30th; and he commented on school busing issues. 10:00 a.m. The hearing to consider Zoning Amendment 2006-223 amending Title 17, regarding “temporary camping” was opened and continued until after the following items. Continued Board Information: Supervisor Turpin noted that as he traveled I-5 last week that there was a lot of road work occurring in Washington, some in Oregon, and very little in California. He advised that he attended the meeting on the Don Pedro waste water project on Monday; and he referred to a story in the Western Cowman magazine and the future of the spotted owl. Supervisor Bibby advised that the Mental Health Board and the Alcohol and Drug Advisory Board will have a booth at the County Fair, and the Sheriff’s Department will have a fingerprinting booth for children. She read a portion of a letter received from the San Mateo Superior Court relative to the High Speed Rail. Supervisor Fritz noted that another meeting has been scheduled to discuss the High Speed Rail routes for September 18th in Stockton. Supervisor Bibby advised that CalTrans has released its report as a result of the pre-scoping meetings on options for the permanent fix for the Ferguson Rockslide. Supervisors Pickard and Fritz; Discussion and Possible Action Regarding Use Determination of the Old Masonic Lodge (No Folder) BOARD ACTION: Supervisor Pickard initiated discussion relative to the status of use of the Old Masonic Lodge. Thomas P. Guarino, County Counsel, provided information on the chronology of events and the process. Supervisor Bibby read her July 25, 2007, memorandum to MPUD, Fire Chief and the Building Department Director, into the record relative to safety issues with the use and condition of the building. Supervisor Pickard read the August 27th letter from the Building Director and the Deputy Fire Marshal into the record which resolves the issue of the use determination. Supervisor Fritz provided input on the process. Input from the public was provided by the following. Tony Radanovich clarified that he does not own the building. Barry Brouillette commented on the process and his support for the 6th Street Cinema. Alex Crespi expressed support for the 6th Street Cinema and the Rural Arts Council; and he suggested that a letter and chronology would help with the grant funding requests. Wendy Davis, President of the Acorn Cooperative Pre-School, expressed support for the theater. Marilyn Saunders noted for the record that the building is owned by the Rural Media Arts and Education Project. Les Marsden expressed support for the program and for the building which he feels is an architectural gem for the County. Glen Congliger stated he was the contractor that supervised the destruction of the Trabucco warehouse after the building fell; and he commended Tony Radanovich for his efforts to help preserve the Old Masonic Lodge. Heather Bernikoff expressed support for the Cinema. Gary Walker expressed support for the Cinema. McKenna Johnson and Natasha Johnson, High School students, advised that they are volunteer greeters at the Cinema and expressed their support for the program. Ralph Mendershausen expressed his support for the program. ---PAGE BREAK--- 3 8-28-07 Candy O’Donel-Browne, President of the Arts Council, expressed their support for the program; and asked that the Board find a way to let potential funding sources know that this is a safe building. Lee Stetson expressed his support for the program and commented on the importance of arts in this community. Tony Radanovich thanked everyone for their assistance and support through this process. He urged the Board to create a different distinction for historic structures. He advised that they had a site visit from the USDA on Monday relative to their grant application to help preserve the building. Supervisor Bibby noted that the Building Department Director provided the Board members with information on an incentive program. Eleanor Keuning, Chair of the Historic Sites and Records Preservation Commission, provided input on the Certified Local Government Program. Paul Chapman stated he does not support taxpayers’ money being used for this program; however, he agrees with restoring the building. Allison Coldwell expressed support for the 6th Street Cinema. Supervisor Pickard requested that the previous grant request from the Rural Media Arts and Education Project in the Amount of $25,000 be scheduled on the agenda. John Davis, Building Department Director, provided input on information he researched relative to fire safety issues for the downtown structures. 11:14 a.m. Recess 11:24 a.m. John Davis, Building Director; Discussion and Recommendation to Schedule a Public Hearing to Consider Increased Building Department Fees for Grading Permits BOARD ACTION: Discussion was held with John Davis and Jerry Progner/Resource Conservation District, relative to the request. Input from the public was provided by the following: Ralph Mendershausen expressed support for the request and the grading permit program; however, he stated he feels there is a problem with the complaint process for un-permitted grading. (M)Turpin, (S)Fritz, the public hearing was set for October 2, 2007, at 10:00 a.m. Supervisor Pickard asked the Building Director to look at the complaint component with the public hearing process. Ayes: Unanimous. Mariposa County Resource Conservation District’s Board Chair, Len McKenzie; Yosemite Sequoia Resource Conservation & Development Council’s Coordinator, Robyn Smith; and Mariposa County Resource Conservation District’s Education Outreach Coordinator Kris Randal; to Present “Welcome to the Foothills”, Brochure BOARD ACTION: Kris Randal presented the brochure; and she thanked Robyn Smith and the Board of Supervisors for their support with this project. Input from the public was provided by the following: Dick Hutchinson asked for copies of the brochure to include with the package of materials that the title companies distribute to new homeowners. Supervisor Aborn suggested that the brochure be made available to UC Merced. Dana Hertfelder, Public Works Director; Approve the Plans and Specifications for the Greeley Hill Library Project, Authorize Public Works to Advertise the Project and Authorize the Public Works Director to Award the Contract to the Lowest Responsible Bidder BOARD ACTION: Discussion was held with Dana Hertfelder. Supervisor Turpin recognized the presence of members of the Friends of the Red Cloud Library and he thanked the Public Works Director for his work on this project. Input from the public was provided by the following: ---PAGE BREAK--- 4 8-28-07 Chet French, immediate past President of the Friends of the Red Cloud Library, thanked County Counsel and Public Works Director for presenting the plans at their meeting; and he provided information on the history of the project. He advised that they are willing to help financially if there is a small cost overrun. Pat Bradbury, member of the Friends of the Red Cloud Library, noted that the library serves all of the communities in the North County. (M)Turpin, (S)Pickard, Res. 07-422 was adopted approving the recommended actions/Ayes: Unanimous. Consider Items Removed from the Consent Agenda Item 3 – Following discussion with Dana Hertfelder, (M)Turpin, (S)Pickard, item 3 was approved/Ayes: Unanimous. 11:56 a.m. LOCAL TRANSPORTATION COMMISSION (Chair – Commissioner Lyle Turpin, Vice-Chair – Commissioner Dianne Fritz) A) Public Presentation – none C) Adopt a Resolution Allocating the Transportation Development Act (TDA) Funds for Fiscal Year 2006-2007 (Public Works Director) COMMISSION ACTION: Following discussion, (M)Bibby, (S)Fritz, LTC Res. 07-9 was adopted/Ayes: Unanimous. B) Adopt a Resolution Allocating $156,261 in State Transit Assistance (STA) Funds for Fiscal Year 2006-2007 COMMISSION ACTION: Following discussion, (M)Pickard, (S)Fritz, LTC Res. 07-10 was adopted. Input from the public was provided by the following: Ruth Catalan asked for clarification of whether this allocation is for FY 07-07 or 07-08; and she was advised that it is for FY 07-08. Ayes: Unanimous. 12:03 p.m. Kris Schenk, Planning Director; PUBLIC HEARING: to Consider Zoning Amendment 2006-223. Action Includes Adopting a Resolution Approving the Project, Adopting a Notice of Exemption, Waiving the First Reading and Introducing an Ordinance Amending Zoning Ordinance Text. The Project Proposes to Amend the Mariposa Zoning Ordinance, Title 17, Regarding “Temporary Camping” for Projects Affecting all Town Planning Areas (TPA), Rural Residential (RR), Mountain Home (MH), Mountain Transition (MT), Mountain General (MG), General Forest (GF), Mountain Preserve (MP), and Agricultural Exclusive (AE) Zones. Mariposa County, Project Proponent BOARD ACTION: Larry Enrico, Senior Planner, presented the staff report. Larry Enrico, Thomas P. Guarino, John Davis, Kris Schenk, and Dr. Mosher Staff responded to questions from the Board relative to the proposed amendment and whether various types of uses would be exempt. The public portion of the hearing was opened and there was no input. The public portion of the hearing was closed and the Board commenced with deliberations. (M)Pickard, (S)Aborn, Res. 07-424 was adopted approving Zoning Amendment No. 2006-223, and adopting a Notice of Exemption for environmental review purposes. The motion was amended, agreeable with the maker and second, to include direction for the Planning Director to report back in a year on how this amendment is working/Ayes: Aborn, Bibby, Fritz, Pickard; Noes: Turpin. (M)Pickard, (S)Fritz, the first reading was waived and the Ordinance introduced amending Title 17 regarding “temporary camping.” The Clerk of the Board read the title of the Ordinance into the record. Ayes: Aborn, Bibby, Fritz, Pickard; Noes: Turpin. Thomas P. Guarino, County Counsel; A) Waive the First Reading and Introduce Ordinance Amending Section 13.08.010 and Creating Section 13.08.115 of the Mariposa County Code Clarifying that Recreational Vehicles are Prohibited from being used as Permanent Residence ---PAGE BREAK--- 5 8-28-07 BOARD ACTION: Following discussion, (M)Fritz, (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) Waive the First Reading and Introduce Ordinance Creating Section 15.1.070 of Chapter 15.10 of the Mariposa County Code Clarifying that Recreational Vehicles are Prohibited from being used as Permanent Residence BOARD ACTION: Following discussion, (M)Fritz, (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. Chair Bibby advised of a request received from the Fire Chief for a photo opportunity and Fire Department press release for the new patrol units scheduled at 1:30 p.m. in front of the Courthouse. C) Present a Demonstration of the County Code On-line Services that will be Available in the Near Future BOARD ACTION: Discussion was held Thomas P. Guarino and Rick Peresan/Technical Services Director, who gave the demonstration. It was noted that budget information is now included in the Administration website. Rick Peresan will bring back an item on overall web design for the County. Approval of Summary of Proceedings of August 21, 2007, Regular Meeting (Clerk of the Board) BOARD ACTION: (M)Aborn, (S)Fritz, the minutes were approved/Ayes: Aborn, Bibby, Fritz, Pickard; Abstained: Turpin. 1:10 p.m. Lunch 2:06 p.m. Jim Wilson, Fire Chief; Discussion and Power Point Presentation Updating the Current Status of the Fire Department BOARD ACTION: Jim Wilson gave the presentation reviewing the status of volunteer members, fire apparatus, fire stations, and the Fire Marshal program. Discussion was held relative to the report and financing options. Joe Halencak, PWD-Fleet Superintendent, responded to questions relative to maintenance of the equipment. Supervisor Pickard suggested that the County Administrative Officer and the Fire Chief work on funding details and bring an item back to the Board. Supervisor Aborn suggested that consideration be given to putting together a committee to help speed up the process. Input from the public was provided by the following: Don Weston commented on the history of the Fire Department, and he advised that he agrees with a lease/purchase concept for the equipment. He offered his assistance to help educate the public on the needs of the Fire Department. Paul Chapman stated he feels the Board should make budget cuts to fund the needs of the Fire Department. Supervisor Bibby commended the work of the volunteers and their fundraising efforts. 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: Supervisor Bibby reported on the meeting that she and Supervisor Aborn and the Sheriff attended with Congressman Radanovich and advised of the status of qualifying for emergency relief which should help move the project along. Discussion was held. Supervisor Fritz advised that Dick Whittington/YARTS attended a meeting where it was announced that the removal of the slide option was deleted from the list of options for the permanent fix. (M)Pickard, (S)Turpin, Res. 07-425 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. ---PAGE BREAK--- 6 8-28-07 Approve an Extra Help Employment Agreement with Cheryle Rutherford-Kelly for Human Services Director Services at the Rate of $65.00 an Hour Effective September 1, 2007 and Authorize the Board of Supervisors Chair to Sign the Agreement (County Administrative Officer/Personnel/Risk Manager) BOARD ACTION: Discussion was held. Input from the public was provided by the following: Paul Chapman stated he feels the Deputy Director should do the job in the interim of hiring a Director. (M)Pickard, (S)Aborn, Res. 07-426 was adopted approving the agreement/Ayes: Unanimous. 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; Name of Case to be Discussed: County of Mariposa v. Robert McMillen (County Counsel) BOARD ACTION: At County Counsel’s request, the matter was continued to September 4th. Richard J. Benson, County Administrative Officer/Personnel/Risk Manager; A) CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: DSA (Deputy Sheriff’s Association); Name of County Designated Representative: Richard Bolanos; and B) CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: SMA (Sheriff’s Management Association); Name of County Designated Representative: Richard Bolanos BOARD ACTION: Supervisor Bibby advised that she has a cousin who is a member of the DSA bargaining unit and they have a financial interest in estate property; and her husband is a member of SMA, and there is a direct financial tie. Discussion was held. Supervisor Bibby suggested that she send a letter to the four bargaining units to make sure that they do not have any conflicts if she participates in the labor negotiation process. County Counsel provided input and advised of his review of the FPPC’s response to Supervisor Bibby on whether this is a potential conflict of interest. The other four Board members advised that they would like to have the full Board participate. County Counsel advised that the closed sessions were scheduled today for the Board to receive background information on the labor negotiation process, and he suggested that the sessions relative to DSA and SMA not be held today; and the Board concurred. 4:50 p.m. C) CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: SEIU (Service Employees International Union); Name of County Designated Representative: Richard Bolanos; D) CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: MCMCO (Mariposa County Managerial/Confidential Organization); Name of County Designated Representative: Richard Bolanos ; CLOSED SESSION: Conference with Legal Counsel: Existing Litigation: Significant Exposure to Litigation Pursuant to Subdivision of Government Code Section 54956.9; Number of Cases to be Discussed: 1 (County Counsel); and CLOSED SESSION: Public Employee Performance Evaluation; Position of Employee Under Review: County Administrative Officer (Government Code Section 54954.5) (County Counsel) BOARD ACTION: (M)Pickard, (S)Fritz, the closed sessions were held/Ayes: Unanimous. 9:03 p.m. RESULTS OF CLOSED SESSIONS: Chair Bibby announced that information was received as a result of the Closed Session items. CONSENT AGENDA: CA-1 Approval of Summary of Proceedings of August 14, 2007, Regular Meeting (Clerk of the Board) ---PAGE BREAK--- 7 8-28-07 CA-2 Re-appoint Jerry Progner and Tony Toso to the Agricultural Advisory Committee for a Term Expiring February 28, 2009 (Planning Director) CA-3 Approve an Amendment to Agreement with Fred Solomon to Extend the Agreement Term for Two Additional Months and for Additional Compensation in the Amount of $6,000 per Month and Authorize the Board of Supervisors Chair to Sign the Amendment for the Don Pedro Wastewater Treatment Facility Project (Public Works Director); Res. 07-423 CA-4 Approve an Agreement with Cooperative Personnel Services (CPS) for Executive Recruitment Services in an Amount not to Exceed $21,000 and Authorize the Board of Supervisors Chair to Sign the Agreement (County Administrative Officer/Personnel/Risk Manager); Res. 07-421 9:04 p.m. Adjournment in memory of Edward “Ted” Louis Tetzlaff, Dwain Arthur Keller, Eula G. (Huie) Rhoades, and Wesley Burdick. Respectfully submitted, MARGIE WILLIAMS, Clerk of the Board JANET BIBBY, Chair, Board of Supervisors