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Time Description 9:05 a.m. Meeting Called to Order at the Mariposa County Government Center Marjorie Wass, Treasurer, Tax Collector, County Clerk, led in the Pledge of Allegiance. Introductions Lee Stetson, Board of Supervisors, Chairman; Resolution and Tile Plaque Recognizing Marjorie J. Wass Upon her Retirement as Mariposa Treasurer/Tax Collector/County Clerk BOARD ACTION: (M)Bibby, (S)Turpin, Res. 06-562 was adopted and presented to Marjorie Wass along with a tile plaque/Ayes: Unanimous. Marjorie Wass thanked everyone and her staff; and read a poem, entitled “Tomorrow.” 9:26 a.m. Recess 9:48 a.m. Public Presentation: For Non-Timed Agenda Items including Attention, Information, and Consent Agenda, and for Items Not on the Agenda Mikel Martin, Unit Chief for CDF (California Department of Forestry), advised of staffing changes for their stations in the County to include permanent employees on a year-round basis. Discussion was held. Paul Chapman referred to Consent Agenda item 4 – agreement with John Hardaway and Custom Weed Control and item 12 – letter of support for a Leading Edge Yellow Star Thistle Control Grant application; and he requested support for eradicating the puncture vine on Ben Hur Road. He further stated he feels the noxious weed program is a waste of money and it would be better to let the native grasses grow. Barry Brouillette thanked the Board and staff for getting the General Plan Update to where it is today. He referred to the minimum lot size issue and his previous discussions with staff and stated he still has concerns on this issue. Approve a Letter to Yosemite National Park Superintendent Tollefson Supporting a Possible Acceleration of the Timeframe for Either a Short-Term Fix or for a Major Reconstruction of the One- Mile Segment of the El Portal Road from Big Oak Flat Road Intersection to the Pohono Bridge (Supervisors Stetson and Pickard) BOARD ACTION: (M)Pickard, (S)Bibby, Res. 06-563 was adopted approving the letter. Supervisor Bibby noted that there was a new draft letter provided to the Board. Chairman Stetson called for input from the public: Leroy Radanovich, Interim Tourism Coordinator, stated he feels the point is that the Park Service has declared this portion of road to be dangerous with eminent potential of failure and he asked who assumes the liability. He suggested that the request be for immediate repairs to ensure that the road is no longer dangerous in the interim of the permanent reconstruction. Dick Hutchinson referred to the mention at a meeting of the culverts on the road that are cracking; and he stated he feels that we need to keep pressure on this matter to get the road fixed. Supervisor Pickard advised of discussions with Superintendent Tollefson and Congressman Radanovich on this matter. The motion was amended, agreeable with the maker and second, to include MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA December 12, 2006 ---PAGE BREAK--- 2 12-12-06 in the letter that it is imperative that health and safety not be jeopardized throughout this process and for the letter to be distributed to our legislators/Ayes: Unanimous. Supervisor Bibby noted that individual comments are also allowed. Board Information Supervisor Bibby advised that she missed the First 5 meeting on Monday as she had the flu. She plans to attend the Foreign Trade Zone meeting in Fresno on Wednesday and the Community Action Agency meeting on Thursday at Lake Tulloch. Supervisor Fritz commented on the Merry Mountain Christmas event. She noted that she attended the Community Concert on Monday at the High School. She is expecting her seventh grandchild on Thursday. She advised that Don Haag is at a rehabilitation center in Fresno recovering from a stroke. Supervisor Turpin advised that the Red Cloud Library Christmas Home Tour was a success. He plans to attend the Community Action Agency meeting on Thursday, and the Forest Service OHV (off- highway vehicle) meeting in Groveland on Thursday evening. He noted that Coulterville will be holding Christmas events on Saturday. Supervisor Pickard advised that he plans to attend the RCRC (Regional Council of Rural Counties) meeting in Sacramento on Wednesday, and the Environmental Services JPA meeting and the Bio-Diversity Council meeting. Supervisor Stetson advised that he plans to attend the El Portal Advisory Committee meeting this evening. On Wednesday, he plans to attend the Mountain Valley Emergency Medical Services Agency meeting at Lake Tulloch. Approval of Consent Agenda (See End of Minutes) BOARD ACTION: Supervisor Bibby pulled item 4. Supervisor Pickard pulled item 3. (M)Bibby, (S)Fritz, the balance of the items was approved. Supervisor Pickard noted that the draft letter was added to the packages for item 12. Ayes: Unanimous. Consent Agenda item 3 – approval of the Wawona Town Planning Advisory Committee by-laws. Supervisor Pickard advised of a concern he received relative to including the secretary as an officer. Thomas P. Guarino, County Counsel, advised of his review of this issue; and he advised that the Ordinance that was previously adopted concerning town planning advisory committees does not preclude the secretary from being an officer. (M)Pickard, (S)Fritz, item 3 was approved as recommended by the Committee and reviewed by staff/Ayes: Unanimous. Consent Agenda item 4 – agreement with John Hardaway and Custom Weed Control for implementation of the noxious weed work plan. Supervisor Bibby clarified that this is separate from the Public Works weed spraying program; and she noted that the exhibits to the agreements need to be marked as Exhibit She initiated discussion relative to including in the Exhibit the requirement that the contractor provide information to Public Works on the spray application. Cathi Boze, Agricultural Commissioner, advised that the information is being provided on the program, and provided information on the program. Supervisor Bibby advised that she is okay with the current language as long as information is shared with Public Works. (M)Pickard, (S)Turpin, item 4 was approved/Ayes: Unanimous. Dana Hertfelder, Public Works Director; A) Waive First Reading and Introduce Ordinance Amending Section 14.05.050 of the County Code regarding the Fleet Services Policy Concerning Vehicles that need Major Repairs and Adding Section 14.05.060 to Chapter 14.05 of the County Code to Address Financial Responsibility for Vehicles Damaged in Accidents; and Deleting Section 14.11.010 of Chapter 14.11 of the County Code Regarding Determination of Damages BOARD ACTION: Discussion was held with Dana Hertfelder. Supervisor Bibby asked whether the departments included these changes in their budgets. Supervisor Pickard asked the County Administrative Officer to review whether these costs are included in the individual budgets and how the costs are tracked each year. Carl Casey/Public Works Administrator, advised that the Sheriff and Road Departments have line items in for major repairs and accidents. The Fire Department pays directly from its budget versus the fee structure used for the other departments. Chairman Stetson called for ---PAGE BREAK--- 3 12-12-06 input from the public and none was received. (M)Pickard, (S)Fritz, 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. Chairman Stetson noted that the LAFCo meeting would be held after the following items. B) Waive Second Reading and Adopt Ordinance Approving Minor County Boundary Change Between Mariposa County and Tuolumne County BOARD ACTION: (M)Pickard, (S)Turpin, the second reading was waived and Ordinance No. 1031 was adopted. The Clerk of the Board read the title of the Ordinance into the record. Chairman Stetson called for input from the public and none was received. Ayes: Unanimous. Thomas P. Guarino, County Counsel; Waive Second Reading and Adopt Ordinance Amending Section 2.104.050 of Chapter 2.104 of the Mariposa County Code Entitled “First 5 Mariposa County” BOARD ACTION: Thomas P. Guarino provided input on the request from the First 5 Committee for this ordinance change. (M)Pickard, (S)Bibby, the second reading was waived and Ordinance No. 1032 was adopted. The Clerk of the Board read the title of the Ordinance into the record. Chairman Stetson called for input from the public and none was received. Ayes: Unanimous. Adopt a Resolution Establishing a Health Benefit Vesting Requirement for Future Retirees under the Public Employees’ Medical and Hospital Care Act (PEMHCA), to be Effective January 1, 2007 (County Administrative Officer) BOARD ACTION: Rick Benson, County Administrative Officer, provided input on the request. (M)Fritz, (S)Pickard, Res. 06-573 was adopted establishing the health benefit vesting requirement. Supervisor Bibby asked for clarification that the bargaining units saw the language, and Rick Benson advised that no objections were received. Ayes: Unanimous. 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: Chairman Stetson advised of discussions with CalTrans relative to the permanent fix and relative to consideration of modifying the existing bridges to allow for longer vehicles. He advised that CalTrans needs to complete a series of surveys and is expecting another delay in this process to mid-February; followed by 2-3 weeks for final determination of which alternative to choose for the long-term fix. Since his term on the Board expires shortly, he recommended that Supervisor Pickard assist as the liaison in this matter. Discussion was held relative to the matter. (M)Bibby, (S)Fritz, Res. 06-574 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. 11:16 a.m. CLOSED SESSION: Conference with Real Property Negotiator; Description of Real Property: Juanita Moore/SPCA Property on Corner of Bullion Street; Agency Negotiator: Thomas P. Guarino; Name of Party who will Negotiate with County (Not Party’s Agent): SPCA; Closed Session will Concern Price and Terms of Lease/Purchase (County Counsel) BOARD ACTION: (M)Bibby, (S)Fritz, the closed session was held/Ayes: Unanimous. 11:22 a.m. Kris Schenk, Planning Director; LOCAL AGENCY FORMATION COMMISSION (LAFCo) Meeting (See Separate Minutes) 11:52 a.m. Lunch 2:11 p.m. The Board reconvened with Supervisor Bibby excused due to illness. Chairman Stetson announced that no action was taken as a result of the closed session. ---PAGE BREAK--- 4 12-12-06 Dana Hertfelder, Public Works Director; Presentation on the Draft Update of the Mariposa-Yosemite Airport Master Plan BOARD ACTION: Dana Hertfelder introduced David Dietz with Mead & Hunt; and he advised that Gwen Foster, engineer for the project, and Maria Liddle, Airport Manager, were present. David Dietz gave a presentation on the draft update of the Airport Master Plan; and he reviewed the next steps in the process. Discussion was held. Dana Hertfelder introduced the following Airport Advisory Committee members that were present: Jim Secrest, Char Wilson, Turk Turley, Jim Johnson, Joe Coho and Julie Richard; and he advised that Dave Gerken was unable to be present. Input from the public was provided by the following: Dick Hutchinson noted that the County depends on tourism and he stated he feels that the potential for small industry that can use the runway should be reviewed for the Airport in planning for the future. He also noted that the Airport can handle small 10-passenger planes to bring in tourists. Bob McHugh, Aircraft Owners and Pilot’s Association, asked that more details be provided on the safety zones. Turk Turley noted he was the Airport Manager in 1978, and that they have a 19-passenger aircraft that can use the Airport now. He does not feel that they need a longer runway and do not need to study this issue. No action was necessary. Adopt a Resolution to: 1) Certify the Mariposa County General Plan Environmental Impact Report; 2) Adopt the Mariposa County General Plan, with Findings of Fact, Mitigation Measures and Statement of Overriding Considerations; and 3) Repeal the 1981 General Plan (Planning Director) BOARD ACTION: Kris Schenk, Planning Director, advised that this matter was continued from December 6th and the purpose is to provide a formal resolution detailing the findings and statement of overriding considerations for the General Plan Update. He plans to have the formal resolution available by the end of this week for consideration on December 18th at 9:00 a.m. CONSENT AGENDA: CA-1 Adopt a Resolution Amending the Contribution, Under the Public Employees’ Medical and Hospital Care Act (PEMHCA) for the Retirees of Service Employees International Union (SEIU), Local 535 (County Administrative Officer); Res. 06- 564 CA-2 Appoint Cindy Medema to the El Portal Planning Advisory Committee, Term Expiring on February 28, 2009 (Supervisor Stetson) CA-3 Approve the Wawona Town Planning Advisory Committee By-Laws (Planning Director); Res. 06-571 CA-4 Approve Agreement with John Hardaway and Custom Weed Control for Implementation of the Mariposa County Noxious Weed Work Plan and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Agricultural Commissioner); Res. 06-572 CA-5 Approve Public Health Preparedness Comprehensive Agreement for Fiscal Year 2006-2007, Certificate Regarding Lobbying, Certificates Against Supplanting and Similar Documents Pertinent to Fiscal Year 2006-2007 and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Health Officer); Res. 06-565 ---PAGE BREAK--- 5 12-12-06 CA-6 Approve Budget Action Transferring Funds within the Seventh Day Adventist (SDA) Camp Environmental Impact Report Fund to Allow for Camp Wawona Community Public Meetings ($2,000) (Planning Director); Res. 06-566 CA-7 Approve Budget Action Transferring Funds within the Tourism Budget to Cover Staff Participation in the National Tourism Association Convention in Salt Lake City, Utah ($850) (County Administrative Officer); Res. 06-567 CA-8 Appoint Jessie Figueroa as a Regular Member and Jim Middleton, Deputy Fire Chief as an Alternate Member to the Regional Advisory Committee of the Mountain Valley Regional EMS Agency, for a Term of 3 Years Expiring December 12, 2009 (Health Officer) CA-9 Appoint John Mock to the Yosemite West District Maintenance Advisory Committee (Supervisor Stetson) CA-10 Approve Amendment Number Five to the Contract for Services with Hauge Brueck Associates, LLC for the Mariposa County General Plan Update, and Authorize the Chairman of the Board of Supervisors to Sign the Amendment; and Approve a Budget Action Transferring Funds within the Planning Department Budget for a Professional Services Agreement Associated with the General Plan Update ($1500) (Planning Director); Res. 06-568 CA-11 Authorize the Chairman of the Board of Supervisors to Sign a Letter to the Governor Requesting that Specific Funding be Restored in the State Budget for Small Counties with No Incorporated Cities (Supervisor Pickard); Res. 06-569 CA-12 Authorize the Chairman of the Board of Supervisors to Sign a Letter of Support for a Leading Edge Yellow Star Thistle Control Grant Application for Funding from the National Fish and Game Wildlife Foundation for this Region (Supervisor Pickard); Res. 06-570 3:07 p.m. The Board recessed in memory of Tammy Lynn Jarrett-Bergman, Patricia Muir Fox, Myron Ellwood Jaenecke, Larry R. Coolidge, and Michael Pollock; and the meeting was continued to Monday, December 18, 2006, at 9:00 a.m. to adopt a resolution to: 1) certify the Mariposa County General Plan Environmental Impact Report; 2) adopt the Mariposa County General Plan, with findings of fact, mitigation measures and Statement of Overriding Considerations; and 3) repeal the 1981 General Plan. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board