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Time Description 9:11 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: Chair Bibby clarified that item 7 is just to add the School District position to the Solid Waste AB939 Local Task Force, and the position will be posted before an appointment is made. She asked that a separate action be taken on item 6 due to a potential conflict of interest as the Airport Master Plan may involve property that she has a remaining interest in. Input from the public was provided by the following: Paul Chapman thanked Supervisor Bibby for her integrity; and he provided input on item 9 relative to operation and maintenance of the equipment; and on item 12 relative to the cost of providing a tile plaque. Jill Harry urged support of item 5, and she asked that the playground equipment be installed first and that it be relocated closer to the ballfields. Supervisor Bibby advised that the petition and correspondence that has been received for item 5 has been copied for the Board members. Supervisor Fritz referred to item 8 and congratulated Public Works for completing the Darrah Road project. Supervisor Turpin pulled item 9 and Supervisor Aborn pulled item 4, and action was taken on these items later this date. (M)Pickard, (S)Aborn, the balance of the items was approved/Ayes: Unanimous. Supervisor Bibby was excused at 9:21 a.m. for action on item 6. Input from the public was provided by the following: Paul Chapman questioned the need for the additional funding. (M)Pickard, (S)Fritz, item 6 was approved/Ayes: Aborn, Turpin, Fritz, Pickard; Excused: Bibby. 9:24 a.m. Public Presentation: For Items within the Jurisdiction of the Board and not on Today’s Agenda. Steve Donahue thanked the Board and Public Works for the work done on Stout Lane. Paul Chapman questioned how the road work expense could be justified on Silver Bar Road. Mary Williams, Community Services Director, advised that Senior Activity Center open house is scheduled for this Saturday, and they are on the Friends of the Library tour. They will be selling See’s candy and the Hospital boutique will be held. She advised that they had a good turnout for Thanksgiving lunch. Todd Leyton expressed concern with illegal parking on 5th Street and advised of problems with youth in the area. Chair Bibby advised that this concern will be forwarded to the Sheriff, Public Works and to the CHP. MARIPOSA COUNTY BOARD OF SUPERVISORS SUMMARY OF PROCEEDINGS November 27, 2007 ---PAGE BREAK--- 2 11-27-07 Dick Hutchinson asked that immediate action be taken to restrict access to the back of the Gold Coin building as he noticed that the building is sagging and he feels it will collapse if corrective action isn’t taken. He also expressed concern with fire danger and trespassing with the building. Chair Bibby advised that the concern will be forwarded to the Building Department, and she noted that County Counsel was present and heard the concern. Eleanor Keuning advised that the Historical Sites and Records Preservation Commission met on Monday and the property owner of the Gold Coin was at the meeting and is trying to address the concerns. She referred to the agreements on the Consent Agenda for Human Services for the services they provide, and she commented on a situation she is aware of with an elderly neighbor that she feels needs adult protective services. Chair Bibby asked that she provide information on the situation to the Human Services Director as these are confidential matters. Dr. Mosher, Health Officer, provided information on MRSA (Methicillin Resistant Staphylococcus Aureus) – staph. Supervisor Fritz; Approve and Present a Letter of Appreciation to Chris Ebie, Mariposa County Auditor and his Staff for earning the California State Controller’s “Award for Achieving Excellence in Financial Reporting” BOARD ACTION: (M)Fritz, (S)Turpin, letter of appreciation was approved and presented to Chris Ebie and his staff: Debbie Greenhalgh, Jane Shackelton, Kathy Payton, Debbie Isaacs, Anne Middleton, Debbie Cumings, Karla Berg, and Carol Azevedo/Ayes: Unanimous. Consider Items Removed from the Consent Agenda Item 4 – Jim Rydingsword, Human Services Director, provided input on the contract. (M)Aborn, (S)Fritz, item 4 was approved/Ayes: Unanimous. Item 9 – Dana Hertfelder, Public Works Director, provided input on the request and maintenance. (M)Turpin, (S)Pickard, item 9 was approved/Ayes: Unanimous. Board Information Supervisor Turpin invited everyone to the Christmas Tree Lighting Ceremony to be held in Coulterville on Saturday evening; and he stated he hoped everyone had a fulfilling Thanksgiving. He plans to attend the Solid Waste Task Force meeting in the morning, the pre-planning meeting with the Stanislaus Forest Service in the afternoon relative to a fuel reduction project and noxious weed issues, and the meeting with the Stanislaus Forest Service in the evening relative to the off-road vehicle routes on Wednesday. Supervisor Aborn stated he hoped everyone had a great Thanksgiving. He noted that CalTrans is holding the public hearings on the alternatives for the Ferguson Rockslide permanent fixes on Wednesday at the Government Center and on Thursday in El Portal. Supervisor Pickard provided input on the Governor’s Health Initiative that the legislature has been working on; and he advised that he plans to schedule a more informative update on this matter with the Health Officer and the Human Services Director. Supervisor Fritz stated she hopes that everyone had a good Thanksgiving. She advised of her attendance at the CSAC (California State Association of Counties) conference. She noted that the Soroptimist craft fair is scheduled for this weekend. She plans to attend the Broadband meeting in Sonora on Wednesday – they are working with other counties to bring high-speed internet services to the entire County. She plans to attend a meeting with neighboring counties relative to the High Speed Rail to promote the Altamont Pass route. She encouraged everyone to attend the public hearings being held by CalTrans on the Ferguson Rockslide. She advised that she is working on the Merced River Plan. Supervisor Bibby commented on the Governor’s request for State departments to reduce their budgets by ten percent and asked the County departments to watch for impacts. She advised of her discussion with the Agricultural Commissioner relative to possibly declaring a draught emergency. She advised that she is thinking of the families that lost homes and property in the recent Malibu fires and noted the narrow roads have been an issue. She also noted the CalTrans public hearings are scheduled for the Ferguson Rockslide this week, and she advised that CalTrans will accept comments until ---PAGE BREAK--- 3 11-27-07 January 3, 2008. She advised of a request from Senator Feinstein asking for County input on funding that may have been earmarked for the County and she is trying to get additional information, and noted that there should be funding for the Ferguson Rockslide. Supervisor Pickard; A) Presentation by Glenn Franklin Regarding the Envirothon Program BOARD ACTION: Glenn Franklin, Mariposa Resource Conservation District and Envirothon member, provided information on the Envirothon program and of their work with UC Merced to bring their international event here in 2010. He asked for the Board’s support with this event. He introduced Robyn Smith, an Envirothon committee member. Input from the public was provided by the following: Paul Chapman commended on the appointment process for the directors of the Resource Conservation District. Robyn Smith stated they are looking for any sponsors for the Envirothon. Glenn Franklin noted that all of the committee members are volunteers. Discussion was held. B) Adopt a Resolution Supporting the Naming for a High Sierra Peak for Dr. Carl W. Sharsmith BOARD ACTION: Supervisor Pickard introduced former Supervisor Lee Stetson and Len McKenzie, who is also a director of the Mariposa Resource Conservation District. Speaking on behalf of the Name4Carl Committee, they presented the request for support for naming a high Sierra peak for Dr. Sharsmith and provided information on the process. Lee Stetson noted that Ron Mackie was also present in support of this request. Discussion was held. Input from the public was provided by the following: Ron Mackie stated he was a trail crew wilderness ranger for about 37 years in Yosemite; and he provided input on the naming process with the Domestic Names Committee of the U. S. Board on Geographic Names. Lee Stetson provided input on the legislative process that is also available. (M)Pickard, (S)Aborn, Res. 07-548 was adopted supporting the request, with direction for County Counsel to review that everything is grammatically correct; and with direction that a cover letter accompany the resolution to the U. S. Board of Geographic Names, with a copy to be sent to the following: Tuolumne County, Madera County, Mono County and any other surrounding counties of Yosemite, Senator Boxer, Senator Feinstein, and Congressman Radanovich/Ayes: Unanimous. 10:42 a.m. Recess 11:02 a.m. Chair Bibby noted that she was advised that the 11:30 a.m. closed session item has been moved to 1:30 p.m. Supervisor Pickard; Presentation Relative to Ag/Nature Tourism by the Following with Discussion and Possible Direction from the Board with the Next Steps Needed to Address Ag/Nature Tourism: Yosemite/Sequoia Resource Conservation and Development; Kris Casto, Chair of the Ag Tourism Weekend in the Country Committee; and Karen Robb, Farm Advisor BOARD ACTION: Supervisor Pickard commented on the presentation. Chair Bibby invited the audience to take the seats in the front rows to see the power point presentation. Supervisor Aborn asked that people attending the meeting remove their hats. Hazel Lavender, Ameri-Corp volunteer and VISTA (Volunteer in Service to America), presented information on agri-nature tourism in general terms, its history and information from Tennessee on a definition. Robyn Smith, Yosemite/Sequoia Resource Conservation and Development Coordinator, provided information on their purpose and involvement with the agri-nature tourism. Kris Casto, representing the Agri-Nature Trail Association, and Len McKenzie, representing the nature portion, provided information on their Weekend in the Country events. ---PAGE BREAK--- 4 11-27-07 Karen Robb, Farm Advisor, provided information, including what other counties are doing and on the goals to promote and maintain local agriculture. Discussion was held. Cathi Boze, Agricultural Commissioner, referred to the laws and regulations for agriculture, and she noted the need to address bio-security issues to preserve our agriculture and to protect the ranchers and producers. She stated she agrees with the agri-nature tourism program, but it is important for everyone to be good neighbors. Input from the public was provided by the following: Cathie Pierce, cattle rancher in Catheys Valley and immediate past President of the Mariposa County Farm Bureau, stated she feels that when everything is worked out, agri-nature tourism will be a good asset to the County. However, she feels that we should proceed with caution and protect both sides. She stated she would like to see the University of California’s definition used. Ken Pulvino, resident of Greeley Hill and a member of the Northside Community Coalition, provided input on his interest in agri-nature tourism and his efforts with his farm. He referred to language in the Home Stay Bill. Steve Saunders, resident of Catheys Valley, stated he appreciates that the presentation was broad; and he does not feel that we should be narrow in our interpretation of agricultural and its use. Mary Ann Huff, President of the Mariposa County Chamber of Commerce and landowner in the North County, offered her and the Chamber’s assistance to help with moving this process forward. Ruth Sellers stated she feels agri-nature tourism should be easy to define as the zoning allows for specific uses, and she feels that agri-nature tourism is an outgrowth of your business, i.e., a rural home industry. Rita Kidd stated she is anxious to have the definition completed and she referred to the definition for agri-nature tourism that exists in today’s law. She suggested that there be a step-by-step statement put out by the Board of what is required for implementation of the General Plan as she feels that there is very little understanding of the process and the public should be educated on this. She also noted the need to update Title 17 overall. Further discussion was held. Kris Schenk, Planning Director, provided input and referred to the previous direction for a consultant to assist with this process. He advised that the scope of work needs to be defined for the consultant so that a contract can be prepared pursuant to the direction given on October 2nd. (M)Pickard, (S)Turpin, direction was given to staff to coordinate and bring back a schedule for holding workshops to proceed with defining and addressing agri-nature tourism. The motion was amended, agreeable with the maker and second, to include further direction that the schedule be brought back to the Board by the end of this year; and if that is not possible, then information is to come back to the Board be the end of the this year/Ayes: Unanimous. 12:47 p.m. Recess 1:04 p.m. Chair Bibby continued the Mariposa Parking District item to after the following item. Mary Williams, Community Services Director; Approve the Purchase of a Tranzsporter Van in the Transit Fund; Approve Budget Action Transferring Funds within the Transit Fund to Allow for the Purchase of the Van ($65,000) BOARD ACTION: Following discussion with Mary Williams, (M)Fritz, (S)Aborn, Res. 07-549 was adopted approving the request/Ayes: Unanimous. MARIPOSA COUNTY BOARD OF SUPERVISORS/MARIPOSA PARKING DISTRICT Thomas P. Guarino, County Counsel; Discussion, Direction and Action Regarding the Lease of the Downtown Parking Lots BOARD ACTION: Discussion was held with Thomas P. Guarino, and he advised that all of the property owners are in agreement with extending the lease agreement for one more year for the lower parking lot; however, for the upper parking lot, Vaughns and Carters only want to sell. Discussion was held relative to the status of the parking lots in town. County Counsel clarified that once a lease expires, the land is not under agreement and becomes the responsibility of the ---PAGE BREAK--- 5 11-27-07 property owners. (M)Fritz, (S)Aborn, direction was given to County Counsel to send a letter to all of the property owners currently in the Parking District to continue the lease for one more year. The motion was amended by the maker, to include the recommendation from County Counsel that the letter include information that if all of the property owners do not participate in the lease for the upper parking lot, it will be the intent of the Parking District to lease the lower lot only/Ayes: Unanimous. 1:33 p.m. Supervisor Turpin, Vice-Chair; CLOSED SESSION: Conference with Legal Counsel: Anticipated Litigation: Significant Exposure to Litigation Pursuant to Subdivision of Government Code Section 54956.9; Number of Cases to be Discussed: 1 BOARD ACTION: (M)Turpin, (S)Fritz, the closed session was held/Ayes: Aborn, Turpin, Fritz, Pickard; Abstained: Bibby. 2:26 p.m. Vice-Chair Turpin announced that direction was given as a result of the closed session. 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, County Administrative Officer, noted the public hearings that CalTrans is holding this week. Chair Bibby advised that the third bridge that CalTrans is planning to install is for the construction phase for staging of the construction equipment to avoid interruption of the flow of traffic. She noted that after the public hearings, CalTrans will come back to the Board and give an overall update on the public hearings and on the next steps in the process and on their targeted timeline. Discussion was held, and it was agreed that the Board would update its previous letter to CalTrans after the comments are received from the hearings. Input from the public was provided by the following: Witt Hawkins asked whether there is any reason that the construction staging bridge couldn’t remain permanently; and he provided input on his discussion with CalTrans Director Kome Ajise relative to the third bridge. Supervisor Aborn advised of a delay on the Highway 120/140 construction project due to permit processing. Following discussion, (M)Turpin, (S)Aborn, Res. 07-550 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. Waive Second Reading and Adopt Ordinance Adding a New Chapter to the County Code Entitled “Social Host Accountability” (Supervisor Fritz) BOARD ACTION: Following discussion, (M)Fritz, (S)Turpin, the second reading was waived and Ordinance No. 1042 was adopted. The Clerk of the Board read the title of the Ordinance into the record. Ayes: Unanimous. Approval of Summary of Proceedings of November 13, 2007, Regular Meeting, (Clerk of the Board) BOARD ACTION: (M)Turpin, (S)Aborn, the Summary of Proceedings were approved/Ayes: Aborn, Turpin, Bibby, Pickard; Abstained: Fritz, as she was excused from the meeting. 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: SBE v. All Persons Interested in the Validity, etc., Sacramento County Superior Court Case No. 07AS04798 (County Counsel) BOARD ACTION: This matter was rescheduled on the December 4th agenda at County Counsel’s request. 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 ---PAGE BREAK--- 6 11-27-07 B) CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: SMA (Sheriff’s Management Association); Name of County Designated Representative: Richard Bolanos (Richard J. Benson, County Administrative Officer/Personnel/Risk Manager BOARD ACTION: Rick Benson withdrew these items from the agenda. CONSENT AGENDA CA-1 Appoint Vicky Mansperg to the Mental Health Board for a Three Year Term Expiring November 27, 2010 (Human Services Director) CA-2 Approve an Agreement with Doctors Medical Center in Modesto for Inpatient Services and Authorize the Board of Supervisors Chair to Sign the Agreement (Human Services Director); Res. 07-536 CA-3 Approve Budget Action Transferring Funds within the Human Services Administration Budget Unit, Increase the Allocation of a Half Time Permanent Part Time Senior Office Assistant to Full Time and to Fund the Promotion of an Office Technician I to Office Technician II (Human Services Director); Res. 07-537 CA-4 Approve an Agreement with the State Department of Mental Health to Provide Mental Health Services Under the Mental Health Services Act and Authorize the Human Services Director to Sign the Agreement (Human Services Director); Res. 07-546 CA-5 Authorize the Director of Public Works to Forward the Proposition 40 Application for the Catheys Valley Park Proposition 40 Project to the State Department of Parks and Recreation for Approval of Funding and Approve the Plans and Specifications for the Project and Authorize the Award to the Lowest Responsible Bidder Contingent on Funding Approval from the State (Public Works Director); Res. 07-538 CA-6 Approve a Second Amendment with Mead Hunt for Mariposa-Yosemite Airport Master Plan Update to Extend the Term to June 30, 2008 and Authorize the Board of Supervisors Chair to Sign the Amendment (Public Works Director); Res. 07-545 CA-7 Approve the School District Representative and Add the School District Seat to the Mariposa County Solid Waste AB939 Local Task Force (Public Works Director); It was clarified that the action is just to add the position at this time – Res. 07-539 CA-8 Approve the Notice of Completion for the Darrah Road, Project #00-24 and Authorize the Public Works Director to Issue Said Notice of Completion (Public Works Director); Res. 07-540 CA-9 Approve Budget Action Reducing Solid Waste Contingency to Allow for Additional Equipment Maintenance Needs ($16,462) (4/5ths Vote Required) (Public Works Director); Res. 07-547 CA-10 Approve the Placement of a Welcome to Coulterville Sign on County Property, Assessors Parcel Number 020-050-001 (Public Works Director); Res. 07-541 CA-11 Appoint Dana Finney and William Bondshu as Members of the Mariposa Public Utility Districts Board of Directors and Appoint Richard Ryon as a Director of Yosemite Alpine Community Services District (County Clerk/Treasurer/Tax Collector); Res. 07-542 ---PAGE BREAK--- 7 11-27-07 CA-12 Approve a Tile Plaque for Wes Lujan for Providing Legislative Lobbying Services to the County (Supervisor Pickard) CA-13 Authorize the Health Department to Overfill one Development Service Technician Position until the Incumbent Development Service Technician who is on Extended Leave, Either Returns to Work or a Final Determination is Made Regarding Work Status (Health Officer); Res. 07-543 CA-14 Approval of Summary of Proceedings of November 6, 2007, Regular Meeting (Clerk of the Board) CA-15 Adopt a Resolution and Authorize Board of Supervisors Chair to Sign a Letter to Berryhill Supporting AB 151, Relating to Peace Officers, 830.1 P.C. (County Counsel); Res. 07-544 2:53 p.m. (M)Fritz, (S)Aborn, the Board adjourned in memory of Johnnie Andrew Callison, Roy Edward “Eddie” Chapman, Jr., and Al Deardorff/Ayes: Unanimous. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board JANET BIBBY Chair, Board of Supervisors