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MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA March 15, 2005 Time Description 9:07 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Bob Pickard, Chair; Proclaim the Month of March as “Women’s History Month” BOARD ACTION: (M)Bibby, (S)Fritz, the Proclamation was approved. Connie Waldon accepted the Proclamation and presented the Board with a poster commemorating the 25-year anniversary of Women’s History Month. Ayes: Unanimous. Lee Stetson, Vice-Chair; Approve Certificate of Recognition to Yosemite National Park Equal Opportunity Committee in Recognition of “Women’s History Month” and Recognizing Recent Firsts for Women in Yosemite National Park BOARD ACTION: (M)Stetson, (S)Bibby, the Certificate was approved, and will be presented at a special event on Thursday/Ayes: Unanimous. Introductions Public Presentations: For Non-Timed Agenda Items including Attention, Information, and Consent Agenda, and for Items Not on the Agenda – none. Board Information Supervisor Fritz advised that she received official confirmation for her attendance at the Women’s Business and Professional Summit in Washington, D.C. on May 16 and 17th. She advised that she will be attending the CSAC Legislative Conference in Sacramento this week. Supervisor Bibby complimented the Arts Council on the successful Storytelling Festival that was held over the weekend. Supervisor Turpin advised that the tickets are sold out for the Red Cloud/Friends of the Library dinner. He advised that he will also be attending the CSAC Legislative Conference this week. Supervisor Pickard advised that the California Weed Awareness Coalition Day at the Capital went very well. Rich Inman, County Administrative Officer, advised that he plans to attend the CSAC Conference on Thursday for the County Administrative Officer’s meeting. He advised that he went to Jackson for the weekend where the Mariposa High School Junior Varsity Softball Team placed third in the tournament out of fifteen teams. Approval of Minutes 2-22-05, Regular Meeting BOARD ACTION: (M)Fritz, (S)Stetson, the minutes were approved/Ayes: Unanimous. Approval of Consent Agenda (See End of Minutes) BOARD ACTION: Supervisor Stetson pulled item 4. Supervisor Turpin pulled items 1 and 3. (M)Bibby, (S)Turpin, the balance of the items was approved/Ayes: Unanimous. ---PAGE BREAK--- 3-15-05 2 Consent Agenda item 1 – Supervisor Turpin advised of his discussion with the Public Works Director relative to the status of rental of equipment for the landfill operations. Supervisor Stetson noted the favorable feedback that he has received from constituents concerning the changes that have been made at the landfill. (M)Turpin, (S)Fritz, item 1 was approved/Ayes: Unanimous. Consent Agenda item 3 – Supervisor Turpin initiated discussion relative to appointments to the Historic Sites and Records Preservation Commission, and he advised that he has people who are interested in serving on the Commission and he questioned whether there are requirements for members to live in the County. Supervisor Pickard commented on Mr. Miller’s interest in the County and its history and other affiliations, and Supervisor Stetson noted that Mr. Miller would bring representation of a broader area of the foothills to the Commission. Kris Schenk, Planning Director, responded to questions from the Board relative to the membership and function of the Commission. The Board recessed for staff to provide information on the Commission. 9:31 a.m. Recess 9:42 a.m. Staff provided information on the membership and duties of the Commission. Further discussion was held. (M)Turpin, (S)Fritz, the following appointments were made: Ruth Sellers to represent the Butterfly Garden Club; Leroy Radanovich and Kathleen Leavitt to represent the at-large member positions; and Steve Miller to represent the at-large alternate member position/Ayes: Unanimous. Consent Agenda item 4 – Supervisor Stetson initiated discussion and advised that he has received input from residents of Yosemite West relative to the recommended appointments to the Yosemite West Planning Advisory Committee. However, he feels it is necessary to have continuity of the Committee’s work, and he noted there will be opportunity for changes on the Committee in the future. (M)Stetson, (S)Bibby, item 4 was approved/Ayes: Unanimous. Adopt a Resolution Approving an Agreement for the State Board of Equalization to Prepare to Administer and Operate a Transactions and Use Tax Together with an Agreement for the State Board of Equalization to Perform all Functions Incident to the Administration and Operation of District Transactions and Use Taxes and an Indemnity Agreement with the John C. Fremont Healthcare District; and Authorize the Chairman of the Board of Supervisors to Sign Agreements with the State Board of Equalization and the John C. Fremont Healthcare District (County Counsel) BOARD ACTION: Discussion was held. (M)Fritz, (S)Turpin, Res. 05-88 was adopted approving the three agreements/Ayes: Unanimous. Rich Inman, County Administrative Officer; Discussion and Action Concerning Seeking Funding for Compost Facility through Congressman George Radanovich BOARD ACTION: Discussion was held. Supervisor Turpin suggested that the information on the compost facility be updated and that a formal request from the Board be made for support of additional funding. Discussion was held relative to the information. (M)Turpin, (S)Stetson, Res. 05-89 was adopted approving a letter to be sent to Congressman Radanovich, signed by the Chair, asking for additional funding for the compost facility/Ayes: Unanimous. Chairman Pickard called for input from the public on this matter, and none was received. Jacque Meriam, Librarian; Authorize the County Librarian to Apply for a Library Services and Technology Act (LSTA) Grant – “Local History Digital Resources” BOARD ACTION: Discussion was held with Jacque Meriam relative to the grant project. (M)Fritz, (S)Stetson, Res. 05-90 was adopted approving the request. Chairman Pickard called for input from the public in this matter, and none was received. Ayes: Unanimous. ---PAGE BREAK--- 3-15-05 3 10:00 a.m. Lyle Turpin, Supervisor District II; Presentation by the Bureau of Land Management (BLM) on the Planning Process of the Resource Management Plan BOARD ACTION: Deane Swickard/BLM Area Manager, gave an overview of BLM activities in the County, and along the Merced River, and he advised of issues that they are working on. He thanked the Sheriff and deputies for their assistance, especially along the Merced River, and he thanked the Fire Department for assistance that they provide. Rick Cooper, BLM Planner, provided information on the Land Use Resource Management Plan process. It was noted that fire and fuel reduction is generally the number one issue in every area, and that California does not receive enough Federal funding for this. Discussion was held. Deane noted that for Mariposa County, the issue of the study of the North Fork of the Merced River for inclusion in the wild and scenic designation is of the most interest. Rick noted that, due to the growth occurring in the foothills, that they are receiving a lot of comments about access issues. Supervisor Stetson asked about the transfer of the scattered lands held by BLM. Deane provided input relative to their efforts to trade small isolated parcels for lands that are adjacent to public lands or river corridors. It was also noted that the comment period on the Plan ends on April 15th. Supervisor Turpin referred to the thistle taking over the Bower Cave area, and he noted that we need to watch that we are not getting into more management because of neglect. Chairman Pickard called for input from the public, and none was received. Supervisor Stetson commented on the work in the Merced River corridor. Nancy McConnell, Upper Merced River Watershed, provided input on their work with BLM to control the yellow star thistle. Deane advised that if there is BLM land in the County that is needed for County use, it should be identified as a part of this process. Supervisor Bibby noted the interest in the property behind the Catheys Valley Park, and Deane advised that he will review the status of this. Discussion and Possible Action to Cancel the Board’s Regularly Scheduled Meeting for April 12, 2005 (Clerk of the Board) BOARD ACTION: Following discussion, (M)Fritz, (S)Turpin, Res. 05-91 was adopted canceling the April 12th meeting/Ayes: Unanimous. Waive Second Reading and Adopt an Ordinance Amending Section 16.36.030 of Chapter 16.36 entitled, “Indemnification Agreements” to the Mariposa County Code (County Counsel) BOARD ACTION: (M)Bibby, (S)Stetson, second reading was waived and Ordinance No. 1017 was adopted. The Clerk of the Board read the title of Ordinance No. 1017 into the record. Discussion was held. Ayes: Stetson, Bibby, Fritz; Noes: Turpin, Pickard. CLOSED SESSION: Conference with County Labor Negotiator: Name of Employee Organization: SEIU Local 250, Health Care Workers Union; Name of County Designated Representative: Jeff Green (County Administrative Officer); and CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: SEIU Local 535; Name of County Designated Representative: Rich Inman (County Administrative Officer) BOARD ACTION: Rich Inman, County Administrative Officer, advised that these closed sessions were not necessary. CLOSED SESSION: Conference with Legal Counsel Relative to Anticipated Litigation/Initiating of Litigation for a Case Pursuant to Subdivision of Government Code Section 54956.9 (Continued from 3-8-05) (County Counsel) BOARD ACTION: Tom Guarino, County Counsel, requested that this matter be continued to March 22, 2005. 11:15 a.m. CLOSED SESSION: Conference with Legal Counsel Relative to Anticipated Litigation/Initiating of Litigation for a Case Pursuant to Subdivision of Government Code Section 54956.9 (County Counsel); and BOARD ACTION: (M)Stetson, (S)Turpin, the Board approved holding the closed session at 1:30 p.m./Ayes: Unanimous. ---PAGE BREAK--- 3-15-05 4 Kris Schenk, Planning Director; PUBLIC HEARING for Appeal No. 2004-221; an Appeal of the Planning Commission’s Action to Deny Appeal No. 2004-40, Upholding the Planning Director’s Notice of Violation and Modifying the Required Resolution and Required Timeframe for Resolution for APN 006-080-017, a Parcel Located at 7281 Yosemite Parkway, Yosemite West; Ken LeBlanc, Property Owner and Appellant; Don Starchman, Agent BOARD ACTION: Chairman Pickard announced that this public hearing is continued to Tuesday, June 14, 2005 at 2:00 p.m. 11:17 a.m. The Board recessed. LOCAL AGENCY FORMATION COMMISSION (LAFCo) Meeting (Planning Director) (See Separate Minutes) 1:31 p.m. The Board convened in closed session. 1:49 p.m. Chairman Pickard announced that the Board voted unanimously to pursue litigation against Kosch for an enforcement matter, and direction was given to staff. CONSENT AGENDA: CA-1 Action to Continue Emergency Findings for the Interim Operation of the Mariposa County Landfill by County Staff is Necessary to Continue an Essential Public Service Until the Bidding Process is Completed (Public Works Director); Res. 05-87 CA-2 Re-Appoint Ralph Harder, Lawrence Williams, Tony Christianson, Eugene Spindler, and Ed Mee to the Wawona Town Planning Advisory Committee for Terms that Expire February 28, 2007 (Chairman Pickard) CA-3 Appoint Ruth Sellers to the Historic Sites and Records Preservation Commission Representing the Butterfly Garden Club; and Discussion and Action to Appoint Two New At-Large Members and an Alternate At-Large Member to Fill Vacancies on the Historic Sites and Records Preservation Commission (Chairman Pickard); Appointments were made as follows: Ruth Sellers/Butterfly Garden Club; Leroy Radanovich and Kathleen Leavitt/At-large positions; and Steve Miller/At-large alternate position CA-4 Re-Appoint Don Pitts, Harry Hagan, Pete Ulyatt, Patricia Montplaisir, and Jeff Hornacek to the Yosemite West Planning Advisory Committee for Terms that Expire February 28, 2007 (Supervisor Stetson) CA-5 Re-Appoint Laurel Anderson, Brian Grogan, Gail Dreifus, and Dennis Waheed to the El Portal Planning Advisory Committee for Terms that Expire February 28, 2007 (Supervisor Stetson) CA-6 Re-Appoint Bob Rudzik to the Mariposa County Planning Commission, Representing District III (Supervisor Bibby) CA-7 Authorize the Board of Supervisors Chairman to Sign an ESRI, Inc. Quotation for GIS Software (Technical Services); Res. 05-83 CA-8 Approve a Lease Agreement between Mariposa County Behavioral Health and Pitney Bowes Credit Corporation for a Pitney Bowes Postage System (Human Services Director); Res. 05-84 ---PAGE BREAK--- 3-15-05 5 CA-9 Authorize the Tax Collector to Sell 5-Year Tax Defaulted Parcels at Annual Tax Sale Scheduled for August 26, 2005 (Tax Collector); Res. 05-85 CA-10 Approve Plans and Specifications for the Handicap Parking at the Amphitheater and Allow Public Works to Bid the Project and Award the Contract to the Lowest Responsible Bidder (Project Plans for Construction are Available for Review at Clerk of the Board’s Office) (Public Works Director); Res. 05-86 1:50 p.m. Adjournment in memory of Mark Adams, Robert “Bob” Gibbons, and Leota “Lee” Schoch. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board