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Time Description 9:04 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Introductions Chairman Stetson announced that the presentation of Certificates to the FFA students has been delayed until 2:00 p.m.; and he clarified that the grading permit fee item that is scheduled for 2:00 p.m. is a public hearing. Presentation of Las Mariposas Map to the Presiding Mariposa County Superior Court Judge Parrish BOARD ACTION: Ron Iudice, Mariposa Mining and Mineral Museum Association, advised that the map is a replica of the first map that John C. Fremont had of the Las Mariposas grant, and that the original is at the Museum. Ron and Chairman Stetson presented the Las Mariposas Map to Judge Parrish for display in the Courthouse. A replica will also be displayed in the Government Center. Supervisor Bibby thanked Ron and the Association for the Mineral Exhibit tee-shirts. Peggy Ronning, Mineral Exhibit Curator, was present for the presentation. Public Presentation: For Non-Timed Agenda Items including Attention, Information, and consent Agenda, and for Items Not on the Agenda Paul Chapman stated he does not feel that water can be exported from MPUD without changing the boundaries through LAFCo, so he does not feel that there is any reason to award the contract for construction of the waterline project for the regional recreation complex. He referred to the item authorizing County Counsel to destroy certain records. He referred to the requested budget transfers in the Tourism budget, and stated he does not feel that there is anything for people to come here for, so he doesn’t see any reason to spend the funds. He referred to the item relative to the Behavioral Health facilities and questioned why the County would consider purchasing this facility. He reiterated a previous request that he made that the County appoint a committee to look at the budget. Kris Schenk, Planning Director; Appointment of One New Member At-Large to Fill the Vacancy on the Agricultural Advisory Committee BOARD ACTION: Chairman Stetson advised that in regard to the application received from Jerry Progner, it was determined that there is no conflict with appointing him to the Committee if the Board wishes to do so. (M)Turpin, (S)Pickard, Jerry Progner was appointed to fill the at-large vacancy on the Agricultural Advisory Committee/Ayes: Unanimous. Supervisor Bibby clarified that the noticing requirements of the Maddy Act were complied with. Sarah Williams, Deputy Planning Director, asked for clarification of the effective date of appointment – whether it is immediate, or after he retires from the USDA Natural Resources Conservation Service. It was determined that the appointment is effective immediately; and it was clarified that he is representing the at-large position on the Committee. Board Information Supervisor Turpin advised that the Pedestrian and Equestrian Trails Advisory Board is scheduled to have its first meeting on February 23rd. MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA February 7, 2006 ---PAGE BREAK--- 2 2-7-06 Supervisor Fritz advised that she attended the Regional Council of Rural Counties (RCRC) installation of officers’ dinner in Sacramento last week. She advised that her District IV meeting is scheduled for Wednesday at 6:30 p.m. at the Government Center. She advised that she attended the Chamber of Commerce dinner on Saturday, and she extended her congratulations to the honorees. She advised that a benefit dinner is scheduled for February 18th for the Kuhnel family at the Masonic Lodge. On February 15th, at 6:15 p.m., the downtown events committee will meet either at the Government Center or at the Chamber of Commerce. Supervisor Pickard advised that he attended the RCRC Board of Directors meeting last week, and he provided a report on the issues that were discussed, including transportation funding. Supervisor Bibby noted that it is important for the State to consider safety issues such as the Old Highway bridge, versus just resurfacing the roads. She plans to attend the Mental Health Board meeting at noon this date. She extended her condolences and sympathy to the George Gordo family, and she noted that he was a Supervisor representing District III from 1963 for one term. Supervisor Stetson advised that he attended the Gateway meeting in Yosemite last Thursday. Last Friday, he attended the FFA Sectional Project Competition awards event, and he was very impressed with the youth. He advised that there will be a District I meeting in Midpines on February 16th. On Wednesday, he plans to attend the Emergency Medical Services Agency Board meeting at Lake Tulloch. He advised that the Yosemite West Plan is being scheduled on the Planning Commission’s agenda for March 4th. Dana Hertfelder, Public Works Director; A) Authorize Award to Richard Townsend Construction for the Mariposa Regional Recreation Complex Waterline Project (project 02-08) and Approve Budget Action Transferring $259,000 from General Fund Contingency to the Sports Complex CIP Fund #569 to Fund the Project (4/5th Vote Required) BOARD ACTION: Discussion was held with Dana Hertfelder and Carl Casey/Public Works Administrator, relative to the request; funding options; and relative to the status and commitments of funds for the Water Agency budget, Proposition 40 funds, and the General Fund Contingency. Supervisor Bibby noted that there is a pending issue with audit exceptions for the Stayner murder trial that may require a commitment of funds. Rich Inman, County Administrative Officer, advised that he is meeting with the affected departments to review the audit. Supervisor Bibby suggested that the County Administrative Officer work with the Auditor and review all of the affected budgets and pending projects and funding commitments, and bring back an item to the Board, if necessary. Supervisor Turpin asked whether the payment from MID for this budget year is included in the Water Agency fund balance. Supervisor Pickard asked whether any other revenue is anticipated to be received by the Water Agency. Tom Guarino, County Counsel, noted that request for extension of services to the Baptist Church was approved on an interim five-year basis, with initiation of the process to go forward and funding being committed for that process. (M)Bibby, (S)Turpin, Res. 06-38 was adopted approving the recommended action; and direction was given to the County Administrative Officer to work closely with the Auditor on the status of the affected budgets/Ayes: Unanimous. B) Resolution Approving the Proposed Boundary Line Adjustment Between Mariposa County and Tuolumne County BOARD ACTION: Discussion was held with Dana Hertfelder, and he advised that Tuolumne County is waiting for Mariposa County to take action on this matter; however all parties have tentatively agreed to this adjustment. Supervisor Bibby stressed the need to look at all impacts that developments create when projects are being considered. (M)Turpin, (S)Pickard, Res. 06-39 was adopted approving the recommended action. Supervisor Bibby clarified that no objections have been received, and that there is no requirement for a public hearing to be held on this matter. Supervisor Stetson noted that Mariposa is the initiating County for this matter. Ayes: Unanimous. Approval of Consent Agenda (See End of Minutes) BOARD ACTION: Supervisor Bibby pulled items 10 and 13, and she noted that the County Administrative Officer has a correction on item 11. Supervisor Pickard pulled item 13. Supervisor ---PAGE BREAK--- 3 2-7-06 Turpin pulled items 9 and 11. (M)Fritz, (S)Pickard, the balance of the items was approved/Ayes: Unanimous. Consent Agenda item 9 – Agreement with Coast Surveying, Inc., to perform map checking services. Supervisor Turpin asked about protecting the original maps in this process. Dana Hertfelder, Public Works Director, provided input relative to the process; and he advised that this Company will be used to check the maps for the South Shore project. (M)Turpin, (S)Fritz, item 9 was approved/Ayes: Unanimous. 10:02 a.m. Consent Agenda item 10 – Submittal of Airport Capital Improvement Plan. Supervisor Bibby excused herself from this item due to a potential conflict of interest as her family has interest in property around the Airport. Dana Hertfelder, Public Works Director, advised that this is an annual requirement. (M)Turpin, (S)Pickard, item 10 was approved/Ayes: Stetson, Turpin, Fritz, Pickard; Excused: Bibby. 10:06 a.m. Consent Agenda item 11 – Extending the agreement with Roger Stephens Engineering for the Regional Recreation Complex. Dana Hertfelder, Public Works Director, responded to questions from Supervisor Turpin relative to the project. (M)Turpin, (S)Fritz, item 11 was approved/Ayes: Unanimous. Consent Agenda item 13 – Behavioral Health Budget and facilities. Supervisor Pickard initiated discussion relative to this request and previous consideration of looking at obtaining a facility to house all of the Human Services Department’s functions under one roof. Rich Inman, County Administrative Officer, stated the language in his memorandum in the package clarifies the recommendation – to have Human Services work with County Administration to analyze the cost of purchase compared to the cost of renting the facilities. If it is more advantageous to buy the building, the matter would be brought before the Board for consideration. He also noted that an appraisal would need to be done to determine the fair market value. He advised that realignment funds can’t be used to construct a facility; however, they can be used for a long-term lease. It was noted that the future caseload and changes of the Department are not known, and that could be reviewed by the capital improvement program process. Supervisor Bibby stated she would like Public Works to be involved to make sure that the facilities meet ADA requirements; and she expressed concern with parking in the area and with realignment funding issues. (M)Pickard, (S)Fritz, item 13 was approved; with direction, as clarified by the County Administrative Officer, for the cost of purchase as compared to renting the facilities to be analyzed/Ayes: Unanimous. Discussion and Possible Further Action Regarding the Local Emergency Due to the Flooding that Occurred throughout the County (County Counsel) BOARD ACTION: Tom Guarino, County Counsel, advised that after consulting with the Public Works Director and reviewing the matter with the State, he doesn’t see any need to continue the findings for the emergency; and he recommended that the Board take action to declare an end to the emergency. Discussion was held. Supervisor Turpin noted that there are still areas that need to be worked on, and suggested that the emergency be continued. It was noted that if the emergency declaration is ended, that any requirement for the County to provide funding would need to come from the existing budget and couldn’t be taken from the Reserve for Contingency. (M)Turpin, (S)Bibby, Res. 06-52 was adopted continuing the local emergency due to the flooding that occurred/Ayes: Unanimous. Resolution Authorizing the County Counsel’s Office to Destroy Certain Records and Documents (County Counsel) BOARD ACTION: Discussion was held with Tom Guarino, County Counsel, relative to the request. (M)Pickard, (S)Fritz, Res. 06-53 was adopted/Ayes: Unanimous. Approval of Minutes of December 20, 2005, Regular Meeting (Clerk of the Board); and Approval of Minutes of January 10, 2006, Regular Meeting (Clerk of the Board) BOARD ACTION: (M)Fritz, (S)Pickard, the minutes were approved/Ayes: Unanimous. ---PAGE BREAK--- 4 2-7-06 INFORMATION – Mental Health Board 2004-2005 Annual Report – Information Only; No Action Required (Human Services Director) Chairman Stetson stated he feels the recommendations of the Mental Health Board are commendable and that he would like to see the goals initiated. 10:24 a.m. Recess 10:39 a.m. The Board reconvened and Supervisor Bibby excused herself from the following matters due to a potential conflict of interest as her spouse is employed by the Sheriff’s Department CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: Sheriffs’ Management Association (SMA); Name of County Designated Representative: Rich Inman, County Administrative Officer (County Administrative Officer); and CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: Deputy Sheriffs’ Association (DSA); Name of Designated Representative: Rich Inman, County Administrative Officer (County Administrative Officer) BOARD ACTION: (M)Pickard, (S)Fritz, the closed sessions were held/Ayes: Stetson, Turpin, Fritz, Pickard; Excused: Bibby. 10:42 a.m. CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: Mariposa County Managerial/Confidential Organization (MCMCO); Name of County Designated Representative: Rich Inman, County Administrative Officer (County Administrative Officer); 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: Cooper/Swenson v. County of Mariposa (County Counsel); and MARIPOSA COUNTY BOARD OF SUPERVISORS/MARIPOSA PARKING DISTRICT CLOSED SESSION: Conference with Real Property Negotiator; Description of Real Property: Downtown Parking Lots: Name of Party who will Negotiate with County (Not Party’s Agent) Rich Inman; Closed Session will Concern: Price and Terms of Purchase (County Administrative Officer) BOARD ACTION: (M)Bibby, (S)Fritz, the closed sessions were held/Ayes: Unanimous. 11:24 a.m. Chairman Stetson announced that direction was given to staff as a result of two of the closed session matters, and that the remaining matters were continued to later this date. MARIPOSA PARKING DISTRICT Discussion, Direction, and Action Regarding the Mariposa Parking District, Ad Hoc Committee, and Update on Parking Issues (County Counsel) DISTRICT ACTION: Discussion was held with Tom Guarino and he asked that the District reaffirm the composition of the ad hoc committee. He provided a status report on Parking District issues, advising that they are moving forward with negotiations for acquisition of real property and the County Administrative Officer will be the negotiator. They are planning to schedule meetings in later February or early March with the downtown merchants and property owners. Supervisor Pickard noted that he and Supervisor Bibby were members of the ad hoc committee, and it is okay with Supervisor Fritz to replace him on the committee. The Board concurred with Supervisors Bibby and Fritz serving as the ad hoc committee. 11:28 a.m. – Lunch 12:41 p.m. The Board reconvened in continued closed session. 2:04 p.m. The Board reconvened in open session. ---PAGE BREAK--- 5 2-7-06 Lee Stetson, Supervisor District I; Janet Bibby, Supervisor District III; Approve Certificates of Recognition to the Mariposa County Future Farmers of America (FFA) Students who Participated in the 2005-2006 Merced/Mariposa Section FFA Project Competition BOARD ACTION: Deanna Stickles, Mariposa FFA Chapter President, introduced the following FFA students who were present: Bridget Carpenter, Layne Simon, Courtney Alex Gisler, Jessica Guenthart, Jacob Gisler, and Ben Mecchi. Jaret Fipps and Craig Allison were unable to be present. The students provided information on their projects. It was noted that all of the students received a Gold award and that the Chapter received the Outstanding Overall Chapter award. Supervisors Stetson and Bibby presented the students with the Certificates of Recognition. Wayne and Buz Arnold , FFA Advisors, were present, and Wayne commented on the size of the competition and commended the students for their achievements. John Davis, Building Director; PUBLIC HEARING to Approve an Increase in the Grading Permit Fee from the Current Cost of One Hundred Fifty Dollars ($150.00) to Two Hundred ($200.00) to Offset the Cost of Providing this Service to the Community. Approve an Increase in the Fine for Grading Without a Permit from the Present One Hundred Dollars ($100.00) to Five Thousand Dollars ($5,000) BOARD ACTION: Rich Inman, County Administrative Officer; Tom Guarino, County Counsel; and John Davis, Building Director, presented the staff report. Staff responded to questions from the Board relative to the establishment of a fee for service and contracting with the Resource Conservation District for administering the permit process; concerning the recommended change in the grading permit fee; and relative to the recommended fine structure. Jerry Progner, USDA Natural Resources Conservation Service, advised of a question he received as to whether brushing projects would be affected by this change; and he referred to the changes with administering the permit process. Staff and Jerry Progner responded to questions from the Board relative to the recommendation to delete the following item from Section D. Exceptions: “12. Grading in an isolated self contained area if there is no danger apparent to private or public property, and will not affect existing drainage patterns or create erosion hazards.” Supervisor Turpin stated he does not feel that the language in the draft ordinance reads smoothly, and that he would like to be able to have a meeting with those involved to draft better language. Supervisor Bibby stated there are areas in the draft ordinance where she feels definitions should be provided, and she agreed with the need for better language. Staff responded to questions from the Board as to what would happen if an applicant pulled a building permit and not a grading permit and what the process would be and how the lien process costs are covered; actions that could be implemented today if the draft ordinance isn’t acted on at this time; relative to revegetation standards and timeframes; relative to the differences in penalties depending on whether an individual or corporation is involved; and relative to implementation of the fine process. The public portion of the hearing was opened and input was provided by the following: Ken Melton stated he feels that a good job was done on the enforcement part of the draft ordinance; and he acknowledged that it is hard to read legal language. He strongly suggested that item 12 be left in the document; and stated that there are situations where this exception has been used, and it allows staff discretion. He stated he would like to see the October 15th date removed from the revegetation timeframe, and perhaps reduce the 180 days. He also suggested that consideration be given to scheduling a workshop with the contractors and people involved in this process to review the grading ordinance. Louie Edwards stated he is a general contractor and is new to the area. He asked about the inspection schedule for projects; whether maximum driveway sizes are addressed; and whether consideration was given to having Public Works take over the administration of the grading permits. He commented on options for addressing erosion control during a project. He suggested that applicants be advised of other agencies that may need to be involved in a project, such as Fish and Game or Water Resources. He also suggested that there be a way to verify in the office whether a permit was issued for a project versus having to make a site visit. He also questioned whether a percentage of the permit fee could be used for the fine versus the proposed $1,000 a day. He suggested that language be used to require that revegetation be done after the first rain versus the October 15th date. ---PAGE BREAK--- 6 2-7-06 The public portion of the hearing was closed. The Board commenced with deliberations. Staff responded to questions from the Board as to whether the fee increase covers the inspections costs; relative to the issues that were raised by the public; and relative to the proposed process with changing the administration of the permits to the Resource Conservation District. Supervisor Turpin suggested that a formula be developed for the fine structure. Further discussion was held relative to item 12 and whether the language should be left in the draft ordinance and the reason the language was in the existing Code – staff was not sure about the origination of this item. Supervisor Bibby asked that “refuse disposal sites” be clarified. (M)Pickard, (S)Turpin, Res. 06-54 was adopted approving the increase in the grading permit fee from $150 to $200/Ayes: Unanimous. Following discussion, (M)Pickard, (S)Fritz, to waive first reading and introduce the Ordinance amending Chapter 15.28 of the Mariposa County Code entitled “Grading and Excavation” with the following changes and corrections: item 12 is to be left in the document and the rest of the section is to be renumbered, including the removal of “Caveat” and numbering that item as 14; correction to add “Mariposa County Building Department or permitting agency” in Section F. Issuance, item 5; and by clarifying refuse disposal sites as the landfill and transfer stations only. Discussion was held and staff provided input relative to the October 15th revegetation timeframe; relative to the reason for leaving item 12 in the document; relative to addressing the revegetation differently for the winter and summer seasons; and relative to enforcement. Supervisor Bibby noted a typographical error in Section 15.28.170, item E, for “County’s” and she suggested that references to the term “he” be changed to a generic term. Tom Guarino noted that the Board could direct a policy relative to process to the Building Department in the future. Further discussion was held relative to the penalty portion and process and flexibility in interpretation. The Clerk of the Board read the title of the Ordinance into the record. Ayes: Fritz, Pickard; Noes: Stetson, Turpin, Bibby. The motion failed. (M)Fritz, (S)Bibby, the above motion was restated with the only change to be the removal of item 12 from the Ordinance. Staff responded to a question from the Board and advised that discretion would still remain with the Building Director on the fine. The Clerk of the Board read the title of the Ordinance into the record/Ayes: Stetson, Bibby, Fritz, Pickard; Abstained: Turpin. Supervisor Pickard changed his “aye” vote to a “no” and Supervisor Turpin changed his “abstained” vote to a “no.” The motion passed. The hearing was closed. Chairman Stetson announced that direction was given to staff on the rest of the closed session matters. CONSENT AGENDA: CA-1 Designate the Annual Hornitos Patron Club’s Enchilada Dinner as a County Sponsored Event held at the Hornitos Park/Stagg Hall (Supervisor Bibby); Res. 06-40 CA-2 Re-appoint William “Bill” Yaley to the Assessment Appeals Board (Supervisor Fritz) CA-3 Appoint Ollie Slane to the Historic Sites and Records Preservation Commission Representing the Northern Mariposa County History Center (Planning Director) CA-4 Approve the Memorandum of Understanding with John C. Fremont Healthcare District and the Mariposa County District Attorney’s Office, Regarding Services to Draw Blood on Suspected DUI and Drug Cases, for the Period of February 14, 2006, through February 13, 2007 (District Attorney); Res. 06-41 CA-5 Approve Budget Action Transferring Funds within the Tourism Budget to Fund Training and Seminar Expenses from the Promotional Line ($5,129) (County Administrative Officer); Res. 06-42 ---PAGE BREAK--- 7 2-7-06 CA-6 Approve Budget Action Transferring Funds within the Tourism Budget to Fund Travel-Trade Show Expenses from the Promotional Line ($11,277) (County Administrative Officer); Res. 06-43 CA-7 Approve Budget Action Transferring Funds within the Tourism Budget to Fund Membership Expenses from the Promotional Line ($2,115) (County Administrative Officer); Res. 06-44 CA-8 Approve Budget Action Transferring Funds within the Tourism Budget to Fund Boyer Temporary Services from the Promotional Line ($8,348) (County Administrative Officer); Res. 06-45 CA-9 Resolution Authorizing Public Works to Enter into a Professional Service Agreement with Coast Surveying, Inc. to Perform Map Checking, Legal Description Checking and General Surveying Document Checking and Execution Documents as the County Surveyor Under the Direction of the Public Works Director in the Not to Exceed Amount of $25,000 (Public Works Director); Res. 06-48 CA-10 Authorize Public Works Director to Submit Airport Capital Improvement Plan to the Federal Aviation Administration for 2007-2011 (Public Works Director); Res. 06-49 CA-11 Resolution Amending a Professional Services Agreement Between Mariposa County and Roger Stephens Engineering for the Purpose of Providing Utility Services for the Mariposa County Regional Recreation Complex by Extending the Contract to June 30, 2006 (Public Works Director); Res. 06-50 CA-12 Authorize an Amendment to the Contract with Chase’s Foothill Petroleum to Provide Oil and Miscellaneous fluids for the County’s Fleet (Public Works Director); Res. 06-46 CA-13 Approve an Increase in Appropriations of Realignment into the Behavioral Health Operating Budget to Cover increased Rents and Leases Expenditures; and Authorize the Department, in Conjunction with County Administration to Negotiate to Buy the Building Currently Being Rented for Behavioral Health Services ($35,000) (4/5th Vote Required) (Human Services Director); Res. 06-51, with direction to staff, as clarified by the County Administrative Officer, for the cost of purchase as compared to renting the facilities to be analyzed CA-14 Approve Budget Action Transferring Funds within the Behavioral Health Budget Unit Due to an Unanticipated Increase in Institutions for Mental Disorder (IMD) Contract Costs ($24,000) (Human Services Director); Res. 06-47 4:22 p.m. Adjournment in memory of Beatrice Vivian Gregg Flowers, Sarah Lynn Sanches, Alva Dale Coburn, and former Supervisor George Gordo. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board