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Time Description 9:10 a.m. Meeting Called to Order at the Mariposa County Government Center, with Supervisor Fritz excused due to jury duty and arriving later in the meeting. Pledge of Allegiance Introductions Public Presentation: For Non-Timed Agenda Items including Attention, Information, and Consent Agenda, and for Items Not on the Agenda Dr. Mosher, Health Officer, reported on the pandemic influenza drill that the Health Department hosted the previous week over a three-day period. He thanked everyone for their assistance and participation and noted that the students participated. Supervisors Turpin and Bibby commented on the drill and the cooperation between the departments that participated. Thomas P. Guarino, County Counsel; Waive First Reading and Introduce Ordinance Amending Section 2.104.050 of Chapter 2.104 of the Mariposa County Code Entitled “First 5 Mariposa County” BOARD ACTION: Chairman Stetson advised that this item was pulled from the agenda. Continued Public Presentations: Jim Upperman advised that he is working with his friend, Wayne to build a hot- rod shop in Coulterville. He presented photographs of the subject property taken before and after the current fences were installed, and he advised that the fences provide privacy and contain three dogs. He referred to other fences in the area and a petition that was circulated by the residents relative to this matter. Chairman Stetson noted that these issues have been to County Counsel, the Board, and to the Court. Jim Upperman advised that the fence issue is being appealed as they feel they need to screen their work area. He requested that the Board dismiss the three-foot fence requirement and allow his six-foot privacy fence; and have a panel of people read the zoning ordinances to resolve conflicting issues. Ken Gosting, TIE (Transportation Involves Everyone), provided information on the County’s request for representation on the San Joaquin Valley Rail Commission; and he presented a copy of the Commission’s by-laws and brochures. He also noted that Amtrak National is looking at ways to promote different parts of the nation and TIE is working with them to promote Yosemite. Eleanor Keuning suggested that the County place a recording on the telephones when the offices and the Landfill and Recycling Center are closed. She commented on the pandemic influenza drill and stated she feels the CERT program needs to be looked into. She also stated she feels that Ben Hur and Old Highway need to be improved for alternative ingress and egress to the County. She commented on a recent incident where a local downtown business threatened to have her friend’s vehicle towed for parking in front of it, and she stated she feels the parking should be more clearly marked in town. Supervisor Bibby asked the Sheriff to respond relative to the CERT program. Paul Chapman noted that the agenda for this meeting was not available for review on Wednesday, and he feels the deadlines need to be adhered to. Jim Allen, Sheriff, advised that the CERT program was adopted by the Board and this is for an emergency response team that comes in after the disaster to put things back together. MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA October 10, 2006 ---PAGE BREAK--- 2 10-10-06 Discussion and Action to Support the Amtrak YARTS Highway 140 Service (Supervisor Pickard and Supervisor Stetson) BOARD ACTION: Chairman advised that Curtis Riggs/YARTS and Dick Whittington, MCAG (Merced County Association of Governments) were present for this discussion. Curtis Riggs advised of the impacts the Ferguson Rock Slide has had on the Highway 140 bus service; and of their coordination with Amtrak and Greyline. Discussion was held. Supervisor Turpin encouraged the use of the Coulterville route with 40-foot or smaller buses. Supervisor Bibby asked that ridership statistics be provided – Dick Whittington will provide the statistics. It was clarified that YARTS has no contractual relation with Amtrak; Amtrak contracts with VIA. Dick Whittington advised that it cost $109/hour for the large buses and $104/hour for the small buses; and Supervisor Pickard requested that a breakdown of those costs be provided to the Board – Curtis Riggs will provide this information. Supervisor Bibby asked for information on the particulate matter. Input from the public was provided by the following: Ken Gosting, Executive Director for TIE, commended YARTS, MCAG and Amtrak for restoring service to the Highway 140 corridor. He questioned the Amtrak service from Modesto to Yosemite. He commented on the need to have consistent lettering on the buses and suggested that the buses show their route destination to avoid confusion for the passengers. He advised that they endorse the charters coming out of Modesto in the absence of being able to put the larger buses over the bridges on Highway 140. He noted that they have a problem with a bus that comes from the Park and covers Yosemite Motels, as the larger tour buses leave visitors and their luggage in the Valley for the YARTS bus to transport. He feels that this “passenger dumping” should be stopped as he feels it is confusing the system. Supervisor Pickard asked Ken Gosting to provide information to the Board on TIE, its membership, etc. Board Information - none Jacque Meriam, Librarian; Authorize the County Librarian to Apply for and Accept the Regrant Project for Historical Records BOARD ACTION: Discussion was held with Jacque Meriam. (M)Turpin, (S)Pickard, Res. 06-466 was adopted/Ayes: Stetson, Turpin, Bibby, Pickard; Excused: Fritz. Approval of Consent Agenda (See End of Minutes) BOARD ACTION: Supervisor Turpin pulled item 2. Supervisor Pickard noted that the draft letters were distributed for items 7 and 8 with corrections. (M)Pickard, (S)Bibby, the balance of the agenda was approved/Ayes: Stetson, Turpin, Bibby, Pickard; Excused: Fritz. Consent Agenda item 2 – agreement with Volunteer Fire Assistance Program Award. Supervisor Turpin commented on the changes in the size of the fire hose; however, he noted that the fitting size will remain the same. (M)Turpin, (S)Pickard, item 2 was approved/Ayes: Stetson, Turpin, Bibby, Pickard; Excused: Fritz. Discussion and Possible Further Action Regarding Continuation of the Local Emergency Due to Landslides on Highway 140 Enroute to Yosemite National Park (County Counsel/Interim County Administrative Officer) BOARD ACTION: The high cost of the monitoring system for the slide was noted. Supervisor Turpin advised of his communication with Congressman Radanovich’s office concerning the denial of the appeal of the Federal disaster declaration, and he advised that the appeal was supposed to be very specific and that issue is being worked on. Input from the public was provided by the following: Dick Hutchinson asked about the status of CalTrans’ statement that they would have a method selected by the end of September for restoring full access to Highway 140. He stated he was surprised to see information in the Gazette relative to the monitoring system and he feels that CalTrans needs to communicate better with the County. Chairman Stetson noted that he feels that he didn’t ask the right question of CalTrans relative to the cost information for the monitoring system. ---PAGE BREAK--- 3 10-10-06 (M)Bibby, (S)Pickard, Res. 06-476 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. Supervisor Pickard requested that the Chairman ask CalTrans and the U. S. Forest Service to provide an update on the slide project. Chairman Stetson advised that he will ask them about the status of the team assembly and invite them to the Board if they have additional input. Ayes: Stetson, Turpin, Bibby, Pickard; Excused: Fritz. 10:31 a.m. Supervisor Fritz was present. Approve Budget Action Reducing General Contingency to Pay Fiscal Year 2005-2006 Administrative Match to the Area 12 on Aging Joint Powers Agreement (4/5ths Vote Required) ($14,223) (Chair/Interim CAO) BOARD ACTION: Supervisor Pickard initiated discussion relative to this matter. (M)Pickard, (S)Bibby, Res. 06-477 was adopted approving the budget action. Supervisor Bibby stated she feels that these items should be budgeted in the future, even if only as estimates. Supervisor Pickard noted that if the Board wants to pursue this, direction could be given to the Community Services Director to include this in future budgets. Ayes: Unanimous. Approve Recommendation to Schedule a Continued Public Workshop on October 17, 2006 to Allow Additional Time for Public Review and Comments on the October 2006 General Plan Update and Approve Budget Action Transferring Funds from Salary Savings of Senior Planner to General Plan Professional Services ($1,500) (Planning Director) BOARD ACTION: Discussion was held with Kris Schenk, Planning Director. Kris Schenk advised of requests that were received and of his recommendation to continue the workshop after tomorrow’s meeting to October 17 at 2:00 p.m. before giving final direction to the consultant. He requested that comments be submitted in writing by this Friday for the continued workshop. Supervisor Pickard suggested that comments be accepted through the October 17th workshop. Kris Schenk clarified that people can provide comments at any time prior to the conclusion of the public portion of the public hearings before the Planning Commission and the Board of Supervisors respectively. Supervisor Turpin asked that information be provided on the outstanding issues from the last workshop. Supervisor Pickard asked that the Clerk of the Board be copied on all information that is received. (M)Pickard, (S)Turpin Res. 06-478 was adopted approving the budget action; and being sensitive to the request for additional time and to stay on track with the processing for the General Plan Update, the Board agreed with the recommendation to continue the workshop after the October 11th meeting to October 17th at 2:00 p.m. and at 6:00 p.m./Ayes: Unanimous. Supervisor Bibby asked that the website be updated to reflect this action and with a note so that people clearly understand that they can continue to submit comments. 10:56 a.m. Recess 10:59 a.m. CLOSED SESSION: Conference with County Labor Negotiator: Name of Employee Organization: SEIU (Services Employees International Union); Name of County Designated Representative: Rick Bolanos (Interim Budget/Personnel Manager); and CLOSED SESSION: Conference with Legal Counsel; Anticipated Litigation: Initiating of Litigation Pursuant to Subdivision of Government Code Section 54956.9. Case to be Discussed: County of Mariposa v. Shannon Johnson (County Counsel) BOARD ACTION: (M)Pickard, Bibby, the closed sessions were held with Mike Coffield/Interim Budget-Personnel Manager to be present for a portion of the session/Ayes: Unanimous. Chairman Stetson noted that at the conclusion of the closed sessions, the Board meeting would be continued to Wednesday, October 11th. 11:29 a.m. Chairman Stetson announced that authorization was given for County Counsel to file civil suit in the case of County of Mariposa v. Shannon Johnson as a result of the closed session. ---PAGE BREAK--- 4 10-10-06 CONSENT AGENDA: CA-1 Approve the Response of the Board of Supervisors to the Mariposa County Grand Jury Final Report and Direct County Administration to Transmit the Response to the Presiding Judge of the Mariposa County Superior Court (Chair Stetson/Interim County Administrator); Res. 06-467 CA-2 Approve an Agreement with the Volunteer Fire Assistance Program Award and Authorize the Chairman of the Board of Supervisors to Sign and Accept the Grant Award (Fire Chief); Res. 06-475 CA-3 Approve an Agreement with Merced Mobile Communication for Radio Equipment Maintenance and Repair Services and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Sheriff); Res. 06-468 CA-4 Authorize Sheriff Allen to Sign a Memorandum of Understanding with Pacific Gas and Electric Company (Sheriff); Res. 06-469 CA-5 Approve Agreement with Kleinfelder, Inc. for Testing and Observation Services for the Don Pedro Wastewater Treatment Facility and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Public Works); Res. 06-470 CA-6 Adopt a Resolution Amending the Contribution, Under the Public Employees’ Medical and Hospital Care Act (PEMHCA) for the Retirees of the Mariposa County Managerial and Confidential Organization (MCMCO), Sheriffs’ Management Association (SMA), Court Management, as Well as Retired Appointed and Elected Officials and Authorize the Chairman of the Board of Supervisors to Sign the Amendment (Interim Budget/Personnel/Risk Manager); Res. 06-471 CA-7 Approve a Letter of Appreciation to Nava for Authoring AB 2735, Disaster Relief (Supervisor Pickard); Res. 06-472 CA-8 Approve a Letter of Appreciation to Governor Schwarzenegger for Signing AB 2735, Disaster Relief, into Law (Supervisor Pickard); Res. 06-473 CA-9 Approve a Letter of Appreciation to the Federal Highway Administration and the National Park Service for their Dedication and Hard Work which Led to the Re- opening of the South Fork of the Merced River Bridge in Wawona (Supervisor Pickard); Res. 06-474 11:30 a.m. The Board recessed in memory of Norma Jean Moreno, Attorney John O’Neal Jamison, Bryan O’Neal Jamison, Sean O’Neal Jamison, and Steve Medley; and continued the meeting to Wednesday, October 11, 2006, at 9:00 a.m. for the public workshop to consider the revisions contained in the October 2006 Draft General Plan and Environmental Impact Report (EIR), accept and evaluate written comments and oral testimony from the public and provide direction for the final versions of the General Plan and EIR Volumes. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board