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Time Description 9:10 a.m. Meeting Called to Order at the Mariposa County Government Center with Supervisor Aborn excused. Pledge of Allegiance Introductions Chair Bibby introduced James “Jim” Rydingsword, the new Human Services Director. Jim Rydingsword thanked the Board and the County Administrative Officer for the courtesy and professionalism displayed through the selection process for the position, and he stated he is happy to be here. Chair Bibby acknowledged Dick Hutchinson’s presence at the meeting. Approval of Consent Agenda (See 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 items 5 and 8 and stated he does not feel that the Arts Council should be funded, and those funds should be used to rebuild the Arts Park restrooms. Eleanor Keuning referred to items 9 and 10 and she thanked Ollie Slane for his service on the Historic Sites and Records Preservation Commission and she thanked the new members for their willingness to serve. Bob Brown referred to item 5 and advised that they are actively seeking restitution for the restroom through court proceedings. (M)Pickard, (S)Turpin, all items were approved/Ayes: Turpin, Bibby, Fritz, Pickard; Excused: Aborn. Chair Bibby; Proclaim the Week of October 23-31, 2007 as “Red Ribbon Week” (Sheriff) BOARD ACTION: (M)Turpin, (S)Fritz, Res. 07-485 was adopted proclaiming “Red Ribbon Week” and the Proclamation was presented to Undersheriff Brian Muller/Ayes: Turpin, Bibby, Fritz, Pickard; Excused: Aborn. Undersheriff Muller provided input on their activities and on the history of the event. Public Presentation: For Items within the Jurisdiction of the Board and not on Today’s Agenda. Paul Chapman provided input on the drug problem in the United States; and he stated he feels the Certified Local Government program needs to be pursued to protect the historic barns in the County. Eleanor Keuning stated she is thankful for the installation of the left-turn lane on Highway 49 South for Darrah Road; and she suggested that there should be left-turn arrows on the turn lane installed MARIPOSA COUNTY BOARD OF SUPERVISORS SUMMARY OF PROCEEDINGS October 16, 2007 ---PAGE BREAK--- 2 10-16-07 on Highway 140 for the Oaks and Hornitos Road. Supervisor Bibby advised that she will advise CalTrans of the concern; and she advised of an upcoming project for the lower bridge on Highway 140 West. Board Information Supervisor Turpin advised that he has been assured that work will be done on J132 to repair damages sustained when it was used as a detour route in 2006 when Highway 120 was closed. He attended the Friends of the Red Cloud Library meeting on Wednesday; and he gave the Grand Jury a tour of facilities in the North County on Thursday. He plans to attend the San Joaquin Valley Regional Association of California Counties conference this Thursday and Friday at Bass Lake. Supervisor Pickard advised that he attended the California Resource Conservation and Development Council fall conference the first week of October – discussion was held on the sustainability of organizations; and he was selected as President of the Association. He advised that the Yosemite/Sequoia Resource Conservation and Development Council will hold workshops in the coming year on sustainability, and they are working to expand the agritourism programs. He plans to attend the San Joaquin Valley Regional Association of California Counties conference and he will be making a report as a member of the Biodiversity Council at the conference. Supervisor Fritz acknowledged the passing of Joan Gloor this past week and advised of the memorial service that will be held. She attended the High Speed Rail meeting in Bakersfield on Thursday; the Natural Resource Summit on Friday – there was a presentation by CAL FIRE on the importance of brush clearance for fire protection; and the YARTS meeting on Monday. She plans to attend the San Joaquin Valley Regional Association of California Counties conference. She advised that one of Happy Burger’s employees was killed over the weekend, and she thanked the Sheriff’s Department and the Happy Burger employees for their assistance in the search for the bicyclist. Rick Benson advised of his conversation with Supervisor Aborn on Monday – he is at home and is beginning physical therapy and he is hoping to be able to come in next week. He is following the agenda during the Board meetings. Supervisor Bibby advised that she plans to attend the Mother Lode Job Training meeting in Sonora on Wednesday, and they are interested in obtaining CDBG grant funding for their programs. She advised that CalTrans is still targeting November 28th (Mariposa) and November 29th (El Portal) for their public meetings relative to the alternatives for the Ferguson rockslide. 9:43 a.m. LOCAL TRANSPORTATION COMMISSION (Chair – Commissioner Lyle Turpin, Vice-Chair – Commissioner Dianne Fritz) A) Public Presentation – None B) Approve the Appointment of Social Services Technical Advisory Council (SSTAC) Members (Public Works Director) COMMISSION ACTION: Discussion was held with Dana Hertfelder, and he advised that they will continue to recruit for the remaining vacancies. Input from the public was provided by the following: Eleanor Keuning asked whether the recruitment for the vacancies is for various areas of the County; and she asked about the status of previous discussion of including youth representation on the committee. Dana Hertfelder advised of the membership categories. (M)Fritz, (S)Bibby, Debbie Smith, Georgene Tarbox and Mary Williams were reappointed; and Karen Briese, Dick Whittington and Kurt Silva were appointed. Supervisor Pickard commented on the previous request for youth to be involved in the committees and advised that he would support seeing if there is an interest in this. Ayes: Turpin, Bibby, Fritz, Pickard; Excused: Aborn. ---PAGE BREAK--- 3 10-16-07 10:02 a.m. Dana Hertfelder, Public Works Director; PUBLIC HEARING to Adopt a Negative Declaration for the Proposed Extension of 2nd, 3rd, 4th and 5th Streets in the Town of Mariposa; Applicant: Manzanita Estates, LLC (Continued from October 2, 2007) BOARD ACTION: Dana Hertfelder presented the staff report, including the environmental review; and he advised that this also involves the construction of another street that connects these streets. He advised that the only comments received on this project were from Fish and Game and from the Planning Department; and he provided input on the encroachment permit process. He responded to questions from the Board relative to the requirement for a botanical study; costs for the project being born by the applicant; relative to the encroachment permit process; whether drainage concerns were addressed; whether these are existing road easements; and relative to the utility easements and impacts on existing roads. Dana Hertfelder noted that the extension of these roads have not been accepted by the County for maintenance. The public portion of the hearing was opened and input was provided by the following: Dieter Dubberke, applicant, commented on the processing of this project and the additional costs incurred because of the timeframes in trying to comply with all of the requirements. He stated he feels good about his experience in working with the County departments. Eleanor Keuning stated she is not opposed to the project, but has questions. As a member of the Historic Sites and Records Preservation Commission, she asked if the Native American group was consulted; and she asked about a previous proposal to connect Jones Street to Highway 49 South. Paul Chapman stated he thought that 2nd Street was supposed to connect to Highway 49 South and it never occurred. He does not remember these right-of-ways and they have not been used for over fifty years; and he feels that the State considers them to be abandoned after eighteen years of non-use. He expressed concern with addressing construction impacts and compliance with County Code Section 12.12; and he questioned whether the applicant has deposited funds with the County to cover project processing costs. Ruth Catalan questioned how many units will be constructed and whether impacts on fire, police, water and sewage have been addressed. Ruth Sellers stated she does not oppose the project, but has questions. She asked whether the easements were recorded as County property; she asked why County personnel and equipment is being used for this project; questioned whether previous mining activity impacts have been evaluated; and she questioned whether all of the environmental concerns have been addressed. She feels this project should require a full CEQA review. Dana Hertfelder responded to the questions – a cultural resources study was done for this project; there are no plans to connect the roads questioned with Highway 40 South; a title search of the easements show that they are existing County road easements; the County is not doing the construction – it will be performed by a private contract with the developer; the Mariposa Mine is located on another parcel; and he noted that these are existing lots and that is why this is not a subdivision project. He advised that Public Works did not collect a deposit for processing this application – it is being handled through their normal process where costs are billed after the processing is completed. Supervisor Bibby asked for clarification of involvement of MPUD. Thomas P. Guarino, County Counsel, advised that he supports the Public Works Director’s statements relative to the easements. Ruth Sellers asked again whether these easements were recorded as County property. Dana Hertfelder responded that he does not know. County Counsel advised that this would be a question for the Assessor. Dave Lawson, applicant, provided input on the Title Company’s research and their location of a grant deed from 1951 with a specific grant to the County from Mariposa Mining. Staff responded to a question from the Board and clarified that all of staff’s time on this project will be billed to the applicant. The public portion of the hearing was closed and the Board commenced with deliberations. Staff responded to additional questions from the Board relative to the recommended action and request for direction on processing the encroachment permit. Supervisor Pickard suggested that direction be given to Public Works to process the encroachment permit without bringing it back to the Board, contingent on County Counsel’s approval. Chair Bibby questioned whether the Board could include this direction in its action since it was not listed in the agenda item. County Counsel stated he feels that Public Works is looking for a sense of direction from the Board and the Board’s comments ---PAGE BREAK--- 4 10-16-07 could be taken into account in the processing. The action should be on the Negative Declaration. (M)Fritz, (S)Pickard, Res. 07-486 was adopted adopting a Negative Declaration and supporting environmental documentation as recommended/Ayes: Turpin, Bibby, Fritz, Pickard; Excused: Aborn. 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: Supervisor Turpin noted that the commercial traffic is using alternate routes through the North County and the impacts to those roads need to be considered. Following discussion, (M)Fritz, (S)Turpin, Res. 07-487 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: Turpin, Bibby, Fritz, Pickard; Excused: Aborn. Chair Bibby noted that staff is recommending that the 2:00 p.m. public hearing for the Seventh Day Adventist (SDA) Camp Wawona Redevelopment Project be continued to November 6th. Approve Letter to the Sierra National Forest Supervisor Requesting that the Response Period for Off Highway Motorized Vehicle Travel Management Plan and Recreation Facility Analysis Plan be Extended (Supervisor Pickard) BOARD ACTION: At Supervisor Pickard’s request, this matter was continued to October 23rd. Discussion and Possible Action Regarding Canceling the Board’s Regularly Scheduled Meeting of November 20, 2007 (Chair Bibby) BOARD ACTION: Following discussion, (M)Turpin, (S)Fritz, Res. 07-488 was adopted canceling the meeting for November 20th/Ayes: Turpin, Bibby, Fritz, Pickard; Excused: Aborn. 10:44 a.m. MARIPOSA COUNTY BOARD OF SUPERVISORS/MARIPOSA PARKING DISTRICT CLOSED SESSION: Conference with Real Property Negotiator; Description of Real Property: Mariposa Parking District Parking Lots; Agency Negotiator: Thomas P. Guarino; Closed Session will Concern Price and Terms of Lease/Purchase (County Counsel) BOARD ACTION: Input from the public was provided by the following: Dick Hutchinson asked whether this closed session matter includes the two parking lots in town; and he was advised that it does. (M)Fritz, (S)Pickard, the closed session was held/Ayes: Turpin, Bibby, Fritz, Pickard; Excused: Aborn. 11:33 a.m. RESULTS OF CLOSED SESSION: Chair Bibby announced that the Board authorized County Counsel to explore options with the landowners for leasing the parking lots. 11:34 a.m. 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; B) CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: SMA (Sheriff’s Management Association); Name of County Designated Representative: Richard Bolanos; C) CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: SEIU (Service Employees International Union); Name of County Designated Representative: Richard Bolanos; and 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 BOARD ACTION: (M)Fritz, (S)Turpin, the closed sessions were held for labor negotiations with SEIU and MCMCO/Ayes: Turpin, Bibby, Fritz, Pickard; Excused: Aborn. Supervisor Bibby excused ---PAGE BREAK--- 5 10-16-07 herself from the meeting at 11:35 for action to be taken on holding the closed sessions for labor negotiations with DSA and SMA due to a potential conflict of interest with her family members being in these bargaining units and she has a financial tie with these family members; and she excused herself from the closed session for these matters. (M)Fritz, (S)Pickard, the closed sessions were held for labor negotiations with DSA and SMA/Ayes: Turpin, Fritz, Pickard; Excused: Aborn and Bibby. 1:03 p.m. RESULTS OF CLOSED SESSION: Chair Bibby announced that the closed session items for labor negotiations with SEIU and MCMCO were not needed and were not held. Announcements from the other closed session matters will be made later in the meeting. 1:04 p.m. – LUNCH 2:04 p.m. Kris Schenk, Planning Director; PUBLIC HEARING for the Seventh Day Adventist (SDA) Camp Wawona Redevelopment Project (Continued from August 14, 2007) (Deliberation Phase) NOTE: STAFF RECOMMENDS THE PUBLIC HEARING BE CONTINUED TO TUESDAY, NOVEMBER 6, 2007 AT 2:00 p.m. The Project Consists of the Following: A) Specific Plan/Zoning Text Amendment No. 2002-345: A text amendment to change the Wawona Town Specific Plan, to create a new conditional use designation for “Organizational Recreation Camp”, a new conditional use in the Mountain Residential Land Use and Zone. The Board of Supervisors will also consider a recommended amendment to the Specific Plan lot coverage standards for the Mountain Residential Land Use and Zone to clarify applicability to this project. B) Conditional Use Permit No. 2002-246: A proposed permit to conditionally approve the proposed phased redevelopment plan for the Seventh Day Adventists’ organizational recreation camp, which includes demolition of existing camp buildings and facilities and construction of new buildings and facilities and associated site work on the camp’s existing property. C) Environmental Impact Report No. 2002-292: The Environmental Impact Report (EIR) must be certified with mitigation measures to approve the project as recommended. The project applicant is the Central California Conference of Seventh Day Adventists Camp Wawona, an existing camp facility, is located on two parcels of privately owned land in the southeastern corner of Section 35 of Township 4 South, Range 21 East Mount Diablo Base & Meridian, inside Yosemite National Park, within the community of Wawona in Mariposa County. APN 010-280-009, a 30.45 acre parcel is the last privately owned parcel at the southeastern end of Forest Drive (8110 Forest Drive) and the parcel on which the redevelopment activity is proposed. APN 010-280-010, a 1.768 acre parcel is located on the north side of Forest Drive, between Forest Drive and the South Fork of the Merced River. Access to the site is from Forest Drive. BOARD ACTION: Kris Schenk advised that the applicant is okay with the recommended November 6th continued date for the hearing; and it will take staff that long to have the materials available for the project. Chair Bibby asked whether public input needs to be taken on continuing the hearing; and County Counsel advised that it does not. (M)Pickard, (S)Fritz, the public hearing was continued to November 6, 2007, at 2:00 p.m. at the Government Center/Ayes: Turpin, Bibby, Fritz, Pickard; Excused: Aborn. 2:07 p.m. Supervisor Bibby excused herself from the meeting for the following announcement. RESULTS OF CLOSED SESSION: Vice-Chair Turpin announced that direction was given to staff relative to labor negotiations with DSA and SMA. ---PAGE BREAK--- 6 10-16-07 CONSENT AGENDA: CA-1 Approval of Summary of Proceedings of October 9, 2007, Regular Meeting (Clerk of the Board) CA-2 Approve the Sudden Oak Death (SOD) Program Agreement No. 07-0439 for Fiscal Year 2007-2008 with California Department of Food and Agriculture (CDFA) and Authorize the Board of Supervisors Chair to Sign the Agreement (Agricultural Commissioner); Res. 07-478 CA-3 Approve Budget Action Transferring Funds within the Public Works Administration Budget to Allow Conversion from Pervasive SQL Software to Microsoft SQL Software and to Purchase a New Desk for the Senior Office Assistant ($11,400) (Public Works Director); Res. 07-479 CA-4 Approve Budget Action for Fleet Services Increasing Revenue for Fire Equipment Repairs by ($144,961) and Increasing Various Expense Line Items to Cover the Cost of those Repairs (4/5ths Vote Required) (Public Works Director); Res. 07-480 CA-5 Approve Budget Action Decreasing General Contingency to Cover the Cost of Rebuilding the Arts Park Restroom ($35,000) (4/5ths Vote Required) (Public Works Director); Res. 07-481 CA-6 Approve Budget Action Increasing Revenue and Appropriations in the District Attorney’s Vertical Prosecution Elder Abuse Budget Extending the Grant Ending September 30, 2007 that were Inadvertently Omitted in the 2007-2008 Fiscal Year for the Extension ($2,009) (4/5ths Vote Required) (District Attorney); Res. 07-482 CA-7 Accept Household Hazardous Waste Grant 16th Cycle Countywide Coordination Grant; and Approve a Professional Services Agreement with R-3 Consulting in the Amount not to Exceed $7,000 to Assist in the Implementation of the Household Hazardous Waste Coordination Grant; and Authorize the Board of Supervisors Chair to Sign the Agreement (Public Works Director); Res. 07-483 CA-8 Approve an Agreement with Mariposa Arts Council and Authorize the Board of Supervisors Chair to Sign the Agreement (County Administrative Officer/Personnel/Risk Manager); Res. 07-484 CA-9 Accept the Resignation of Ollie Slane from the Historic Sites and Records Preservation Commission Representing the Northern Mariposa County History Center (Supervisor Turpin) CA-10 Appoint John Shimer to the Historic Sites and Records Preservation Commission and Charlotte Barrett-White as Alternate, to the Historic Sites and Records Preservation Commission, both Representing the Northern Mariposa County History Center (Supervisor Turpin) ---PAGE BREAK--- 7 10-16-07 2:09 p.m. (M)Turpin, (S)Fritz, the Board adjourned in memory of Corinne “Rene” Natalie Thompson, Willa Morrissey-Knox, Joan Gloor, and Norman Tablett/Ayes: Turpin, Bibby, Fritz, Pickard; Excused: Aborn. Respectfully submitted, MARGIE WILLIAMS, Clerk of the Board JANET BIBBY, Chair, Board of Supervisors