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Time Description 9:06 a.m. Meeting Called to Order at the Mariposa County Government Center, with Supervisor Pickard excused. Pledge of Allegiance Introductions Supervisor Bibby; Approve and Present a Letter of Appreciation to Debbie Walton, Mariposa County Child Support Services Director and her Staff for being Awarded One of California’s “Top Ten Performing County Child Support Agencies” BOARD ACTION: (M)Bibby, (S)Aborn, the letter of appreciation was approved and presented to Debbie Walton/Ayes: Turpin, Aborn, Bibby, Fritz; Excused: Pickard. Debbie Walton introduced the staff members that were present, and noted that this is their 7th year of being in the top ten. Public Presentation: For Items within the Jurisdiction of the Board and not on Today’s Agenda. Bart Brown asked if the matter relative to Hazel Green and Old Coulterville Road would be taken at a specific time and whether public input would be accepted at that time. Chair Turpin responded and advised that input would be allowed at the time the matter is considered. Karl Harla referred to the recent increases in water and sewer fees for Coulterville and stated he feels that the Proposition 218 process should have been applied; and he advised of his experience with fee increases in El Dorado County; and he presented documents to the Board on this matter. Chair Turpin advised that information would be provided to Mr. Harla on his questions relative to the process. Approval of Consent Agenda (See End of 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: Supervisor Aborn commented on item 4, former Supervisor Stetson’s appointment to the Midpines Planning Advisory Committee. Supervisor Bibby pulled items 6 and 9. (M)Fritz, (S)Aborn, the balance of items was approved/Ayes: Aborn, Turpin, Bibby, Fritz; Excused: Pickard. Consider Items Removed from the Consent Agenda Item 6 – Supervisor Bibby stated she wants to make sure that there will be no backlog or delay and no complaints from the public that no one is available due to staffing changes as a result of the flex schedule. She asked whether this is a benefit to the public and whether overtime or County costs would be associated with this. Rick Benson advised that the matter could be brought back on March 4th to allow him to obtain the answers to her questions. (M)Bibby, (S)Aborn, item 6 was continued to March 4th for clarification/Ayes: Aborn, Turpin, Bibby, Fritz; Excused: Pickard. MARIPOSA COUNTY BOARD OF SUPERVISORS SUMMARY OF PROCEEDINGS February 26, 2008 ---PAGE BREAK--- 2 2-26-08 Item 9 – Dana Hertfelder responded to Supervisor Bibby’s questions relative to the funding process for this project and concerns relative to the State budget shortfall and relative to the environmental process for the project. He responded to questions from Supervisor Turpin relative to the bid/contract award process. Following discussion, (M)Bibby, (S)Aborn, item 9 was approved as recommended and clarified/Ayes: Aborn, Turpin, Bibby, Fritz; Excused: Pickard. Continued Public Presentation: For Items within the Jurisdiction of the Board and not on Today’s Agenda. Ken Gosting, Transportation Involves Everyone (TIE), called for a day of Mariposa County jubilation on the 27th with the release of the Mariposa Barbie™ doll and promotional items. Dick Hutchinson referred to the planning done by High School students; noted there is no strategic plan for Mariposa County; and he suggested that the Board direct each department to plan for the future, and that the community and schools be involved. Mary Ann Huff, President of the Chamber of Commerce, announced that the Business After Hours scheduled for this evening was cancelled due to the closing of the Red Fox Restaurant; and she announced that the March event will be held at the Don Pedro Golf and Country Club. She advised that she attended the 9th annual Winter Forum in Stanislaus County on Thursday relative to rural areas and tourism. Board Information Supervisor Fritz advised that she attended the Inter City Rail meeting in Sacramento on Thursday. She met with Ron Stork, Friends of the River, and they are interested in setting up a meeting in Merced with the Sierra Club to discuss the bridge issues with the Ferguson Rockslide. She announced that the Soroptimist International of Mariposa is offering a Women’s health day at the Senior Center this Saturday; and the Storytelling Festival is scheduled for the following weekend. Supervisor Bibby noted that tickets sell quickly for the Storytelling Festival; and she announced that the Patron Club’s Enchilada Feed and the Ag Tourism Workshop is scheduled for Saturday. On March 20th, she is planning to have a telephone conversation with the Public Works Director and Dinah Bortner/CalTrans relative to the Old Highway Bridge. She commented on the recent bond rates and inflation and the higher than anticipated State budget shortfall, including discussion of the State bringing back the per parcel charge for fire services. She referred to Mary Ann Huff’s public input and the articles on Oakdale and agri-tourism; and commented on our General Plan and balancing growth and services. Supervisor Aborn advised a meeting is scheduled to deal with icy road problems and the one-way fire road in Yosemite West. He noted that in El Portal, there is an issue relative to plowing additional Park property. The YARTS bus stop was discussed at the meeting on Thursday in Midpines. Supervisor Turpin advised that the meeting with the Forest Service for last Wednesday was cancelled because several participants had the flu. He noted that his son was home last weekend from a tour in Africa. He noted the agri-tourism workshop is scheduled for Saturday, and the opening of the bids for the Priest/Coulterville Road project is scheduled for this afternoon. He plans to attend the Mariposa-Calaveras Community Action Agency meeting in Coulterville this week; and he commented on the recent storms. Dr. Mosher, Health Officer; Approve a Letter of Intent to Contract with the State for Local Public Health Services and Authorize the Board of Supervisors Chair to Sign the Letter BOARD ACTION: Discussion was held with Dr. Mosher relative to the program and changes in the administrative charges that the State is planning to implement. (M)Bibby, (S)Fritz, Res. 08-75 was adopted approving the Letter of Intent as recommended/Ayes: Aborn, Turpin, Bibby, Fritz; Excused: Pickard. Karen Robb, Farm Advisor; Approve a Memorandum of Understanding (MOU) with University of California Regents to Support the Master Gardener Program and Authorize the Board of Supervisors Chair to Sign the MOU; ---PAGE BREAK--- 3 2-26-08 Approve Budget Action Reducing General Funds Contingency by $5,500 and Transferring $3,000 within the Cooperative Extension Budget to Fund the Program ($8,500) (4/5ths Vote Required) BOARD ACTION: Discussion was held with Karen Robb relative to the program and their activities. She also advised of the change of the MOU with an agreement for this matter. Input from the public was provided by the following: Ruth Sellers stated she feels the Master Gardener Program is excellent; however, she feels that Karen Robb is being paid to be the Farm Advisor and she feels it is wrong for the County to fund this. She noted that she belongs to a garden club and commented on their volunteer work. Kenneth Gosting, speaking as an individual, questioned the sufficiency of the agenda as it calls for approval of a MOU and what is now before the Board is an agreement. Thomas P. Guarino, County Counsel, advised that he feels that the agenda is sufficient for the Board to move forward on this item. Paul Chapman questioned why the garden clubs are not getting money from the County, and he feels that the University should fund this program and not the County. He commented on services the ranchers receive. Further discussion was held with Karen Robb relative to the differences between the Master Gardener Program and the garden clubs and the services provided by Farm Advisors. (M)Bibby, (S)Aborn, this matter was continued to March 4th to reflect the action as approving an agreement versus MOU/Ayes: Aborn, Turpin, Bibby, Fritz; Excused: Pickard. 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: Rick Benson provided input and recommended that the local emergency be continued. He advised that a staff level meeting is scheduled for Wednesday with representatives of the agencies that are involved and with representatives of the elected officials to discuss the alignment of the temporary bridges to see if they can be changed to get unrestricted access. Supervisor Bibby asked about participation in the April 4th PDT (Planned Development Team) meeting with CalTrans, and Rick Benson advised that he would like to attend if his calendar allows. Discussion was held. Input from the public was provided by the following: Kenneth Gosting, Executive Director of TIE, stated he is an independent politically and that TIE is not affiliated with the Sierra Club. He referred to a statement made by former Yosemite Superintendent BJ Griffith thanking God for the public or a huge mistake would have been made with Foresta; and he referred to the meeting scheduled for the 27th and his concerns that the public and the media is not being allowed to observe. He referred to the County Administrative Officer’s report on the landslide; and he stated he feels that the Sierra Club should have a place at the table to explain their position. He referred to documents relative to the landslide, and he asked whether the US Geological Survey has been informed of the meeting, and he submitted a copy of their 2007 report to the Board. Chair Turpin advised that he is not personally aware that they have been invited; and he clarified that there are two issues: the permanent fix and getting unrestricted access in the interim. Les Marsden stated he is not now a member of the Sierra Club, but he feels that Congressman Radanovich’s attack on the Sierra Club was unwarranted and not factual; and he expressed concern with a closed meeting and asked the County Administrative Officer to see if there is any way the meeting can be opened up. Ruth Catalan commented that no media, no elected officials and no public, and yet tax payer dollars are being used to pay for the room. She feels that is a secret meeting. Ruth Sellers, as a Republican, she has the right to criticize the Congressman and she feels he made a horrific mistake with the article and she commented on his promise to get everything through Congress. Dick Hutchinson stated he is disappointed with Congressman Radanovich over his comments in the paper. He referred to the traffic delay with the signal and he does not understand why something can’t be done now. Nancy Fagerstrom stated she is aware of a number of mechanical ways to set the traffic signals for emergency vehicle access, and she does not understand why this hasn’t been done. She does ---PAGE BREAK--- 4 2-26-08 not feel that private meetings should be taking place; the meetings should be open at least for people to listen. Paul Chapman questioned whether anyone has considered having the Attorney General provide input relative to this secret closed session. Skip Skyrud commented on the government process and questioned whether anyone has spoken directly with Will Kempton, CalTrans Director; and he feels it is important that he is involved in this. Discussion was held. It was again clarified that no decisions will be made at the meetings. Les Marsden stated everyone wants the road open, but he feels it is important to be able to listen to the opinions. Nancy Fagerstrom asked what it would hurt for people to hear what is being said in the meeting. Kenneth Gosting, TIE, stated he feels that having any meeting without having members of the Board of Supervisors is counter productive. He suggested that the meeting be rescheduled as a workshop session with the Board and everyone. Rick Benson clarified that this meeting is not to discuss the permanent solution and that no decisions will be made. The purpose of the meeting is to discuss what can be done to get full length vehicle access while the permanent solution is being worked on, and it is the Board’s direction that this is to be the number one priority. The meeting does not interfere or detract from the public process. He further advised that normally this type of meeting would be set up by the County Administrative Officer and the Board would not be involved; but because the Board is so concerned and involved, it is being discussed. Further discussion was held. Supervisor Fritz commented on her meeting with the Sierra Club and with the Friends of the River, and advised of her efforts to get them to meet together with CalTrans. Supervisor Bibby suggested that the attendees at tomorrow’s meeting be advised of the requests that have been received relative to the meeting so they could determine whether to proceed with the meeting and whether they want the door open to the public. Rick Benson noted that the agenda item today is for the continuation of the local emergency. (M)Bibby, (S)Fritz, Res. 08-76 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; and it was requested that a full report of the meeting be scheduled on the March 4th agenda/Ayes: Aborn, Turpin, Bibby, Fritz; Excused: Pickard. 11:18 a.m. Recess 11:30 a.m. Approve Indemnity Agreement with Hazel Green, LLC Regarding the Matter of Hazel Green Ranch, LLC v. Department of the Interior, et al and Authorize the Board of Supervisors Chair to Sign the Agreement; Authorize Issuance of an Encroachment Permit for the Old Coulterville Road and Find the Encroachment Permit is Exempt from CEQA (California Environmental Quality Act) (County Counsel and Public Works Director) BOARD ACTION: Thomas P. Guarino, County Counsel, reviewed the history of the Old Coulterville/Yosemite Road; reviewed communications with the National Park Service and their attorneys, and with Lew Geyser representing Hazel Green; he reviewed the status of the litigation on this matter; and he reviewed the recommended actions and options, including potential costs. He advised that the Encroachment Permit would be limited to those portions of the roads located in Mariposa County; and he advised of a minor correction to the identification of Crane Flat Road to reflect that it is also known as the Old Yosemite Road, designated as County Road 51. Discussion was held and County Counsel responded to questions from the Board relative to maintenance and the CEQA exemption. He reiterated that County staff has found no action vacating the County’s interest in this road. Dana Hertfelder, Public Works Director, responded to additional questions from the Board relative to traffic and maintenance records and the conditions of the roads, and relative to the Indemnity Agreement. Input from the public was provided by the following: Lew Geyser, President of Hazel Green Ranch, stated he would like an opportunity to speak again after he has heard the rest of the public input. He presented and reviewed a map showing the ---PAGE BREAK--- 5 2-26-08 roads being discussed to Hazel Green. He advised that he purchased this land at the National Park Service’s suggestion because they wanted to use a portion of it for “off the Valley floor” parking and run shuttle buses to Yosemite; and he noted that this was included in the 2001 Yosemite Plan, and that there was a promise of being able to obtain a shorter, 500 foot access from Highway 120 to the property. Subsequently, the Park Service decided not to offer the “off the Valley floor” parking, and they were unable to get the shorter access to the property. He advised of their efforts to work out something with the Park Service relative to access to the property, and of their filing of a lawsuit against the United States Department of the Interior. He advised that they have maps dating from 1874 to 2002 that show the .56 and 2.35 mile roads accessing the property from Highway 120. He referred to the recent litigation and the issue of bring the County into the lawsuit. Kevin Cann, Deputy Superintendent for Yosemite National Park, presented a map and documents relative to this matter. He referred to the comments from Department of Justice that County Counsel referenced and he said the gates have been up for fifty years. He questioned why the County would issue an Encroachment Permit now since it will not be acted on until the Court rules on this matter. He stated he does not feel that the County has done maintenance of the roads inside the Park boundary. He referred to the recent Court hearing and the issue of the County not being at the table. He read a prepared statement into the record representing Yosemite National Park and the National Park Service, expressing concern with the County moving forward on this matter. He referred to assistance the Park Service has provided to the County with projects. He stated that without the County, Mr. Geyser does not have standing to use RS2477 to force the rebuilding of long-ago abandoned roads across National Park land. He feels that if the County joins forces with Mr. Geyser that it will be dragged into a long-running court battle and the press will be relentless and unfavorable. He reviewed what they feel are critical flaws in Mr. Geyer’s case relative to the location of the Coulterville Road; Crane Flat Road is almost entirely in Tuolumne County; and that federal law does not allow Mr. Geyser to force the County to exert its claim over historic roads. He expressed concern with the litigation and reviewed the Yosemite Valley planning process, and he advised that in the 2001 appropriations bill, Congress prohibited developing “out-of-park” parking. Paul Chapman stated he is not in favor of more development around the Park; but he takes exception to Mr. Cann threatening the County and Board; and he feels press releases should be released. Bart Brown stated he is concerned with the publicity that would result from this action. He feels it might be better for the County be dragged into the lawsuit versus voluntarily joining in. Doug Balmain noted that as a former Supervisor, he can remember having to sit for long hours through meetings. On behalf of Hazel Green, he advised that he has walked the property and has been on the roads being discussed, and he referred to the proposal of ten years ago - he stated he views this as a good thing for the Park and the environment, visitors of the Park and for the County. He feels that what has been said is to promote an agenda versus being the facts; and he noted that the County has also worked with the Park on projects, including the compost facility. He feels we should be working together with the Park and not be adversaries. He noted that Mariposa County built the road and it has never been bought by the Federal government. Kevin Cann stated that to be very clear, the Park has zero interest in publication of this issue. They fight bad press constantly. They are concerned about the relation with the litigation. Lew Geyser referred to the Quiet Title Act and stated the purpose of the Encroachment Permit is to give enough title to make this lawsuit work. He referred to the litigation and the environmental groups. County Counsel clarified that the action today is not to file a lawsuit. He feels it is inevitable that the County will be sued based on what has been heard, and the recommended Indemnity Agreement provides for the funding for the County for not opposing the motion. He advised that this does not stop anyone else from protesting the County being brought into the lawsuit in this case. Further discussion was held. (M)Fritz, (S)Aborn, Res. 08-77 was adopted approving the Indemnity Agreement with Hazel Green, LLC regarding the matter of Hazel Green Ranch, LLC v. Department of the Interior, et al and authorizing the Board of Supervisors Chair to sign the Agreement; authorizing issuance of an Encroachment Permit for the Old Coulterville Road; and finding the Encroachment Permit is exempt ---PAGE BREAK--- 6 2-26-08 from CEQA and that a Notice of Exemption may be issued; with the modified language to the Encroachment Permit on Attachment that the Crane Flat Road, also known as Old Yosemite Road, designated as County Road 51. Further discussion was held. The motion was amended, agreeable with the maker and second, to include that the Encroachment Permit is only for those portions of road in Mariposa County. Supervisor Bibby stated she still has concerns about the exemption finding for CEQA. Ayes: Aborn, Turpin, Fritz; Noes: Bibby; Excused: Pickard. 1:33 p.m. Lunch 2:10 p.m. Dana Hertfelder, Public Works Director; PUBLIC HEARING to Consider a Proposed Increase in Fees for the Mariposa County Landfill and Transfer Station; Approval of the Proposed Fee Schedule BOARD ACTION: Dana Hertfelder presented the staff report, and Carl Casey/Public Works Administrator presented information on the details of the proposed increase in fees. Staff responded to questions from the Board relative to implementing a recycling education program with the schools and the public; ways to improve recycling including consideration of incentives; whether the transfer station disposal fees cover the costs for the extra hauling; whether there is a process for checking for out-of- county residents to know when to charge that rate; relative to the proposed fee changes; relative to the life expectancy of the landfill and planning for the future and how the costs will be covered; relative to factoring in all operational costs, including the salary increases that have been approved; whether the draining of Freon is done in house or by an outside vendor; whether there is a County ordinance that prohibits accepting out-of-county waste; relative to the hauling services provided by Total Waste Systems and runs being coordinated with other work; whether the transfer stations have also seen a 17 percent reduction in residential waste and whether an additional bin could be added to save hauling trips; and relative to the recyclables. Fred Youngren, currently managing Total Waste Systems, responded to the questions relative to their coordination of hauls in Fish Camp with pick ups from their private contracts in Wawona and Yosemite West. He advised that they are full on their trips and they are not seeing a reduction; and he noted that there are regulations that govern the size of the transfer station facilities. He responded to the questions relative to the recyclables. The public portion of the hearing was opened and input was provided by the following: Gary Francisco, Midpines, provided input on the discussion that was held at a recent Midpines Planning Advisory Committee meeting relative to this fee increase proposal and relative to the increased costs of operating the compost facility because people are not recycling. Dana Hertfelder provided input relative to a recent study of the material from a compost vessel and of the large amount of material that is being disposed of that is difficult to process. Gary Francisco continued with his input and stated he feels that we should be addressing how to control the high percentage of recyclable material that is going into the compost facility versus just raising the fees. He feels that the people that are recycling are paying higher fees to cover the costs for those that don’t recycle. He also commented that the trash from the service contractors is not sorted. He feels that as the population and waste increase we will always be chasing costs with fee increases. He suggested that the rates be higher for people bringing in mixed waste, with penalties if the people declare incorrectly that their trash is sorted; that trash service contractors be required to provide recycle containers and pick them up or pay a premium rate; and the County launch an “aggressive” publicity campaign for recycling, with a goal of significantly reducing the amount of recyclables in the waste stream. The public portion of the hearing was closed and the Board commenced with deliberations. Dana Hertfelder noted that the County has operated the compost facility since July 2006 and the landfill since 2005, and they are still learning a lot. (M)Aborn, (S)Fritz, Res. 08-78 was adopted approving the recommended fee increases for the landfill and transfer stations effective March 1, 2008. Supervisor Aborn stated he would like to see a recycling program in place before considering fee increases again. Supervisor Fritz commented on the importance of watching the packaging on items being purchased to reduce the waste. Ayes: Aborn, Turpin, Bibby, Fritz; Excused: Pickard. ---PAGE BREAK--- 7 2-26-08 Approval of Fiscal Year 2009 Appropriations Request to Senator Dianne Feinstein (County Administrative Officer) BOARD ACTION: Following discussion, (M)Aborn, (S)Fritz, Res. 08-79 was adopted approving the request as recommended for the Ferguson Rockslide/Ayes: Aborn, Turpin, Bibby, Fritz; Excused: Pickard. CONSENT AGENDA CA-1 Approval of Summary of Proceedings of February 12, 2008 and Approval of February 19, 2008 Summary of Proceedings, Regular Meetings (Clerk of the Board) CA-2 Approve an Agreement with John Progner for Implementation of Mariposa County Leading Edge Yellow Starthistle Management and Control Project, Yellow Starthistle Mapping and Authorize the Board of Supervisors Chair to Sign the Agreement (Agricultural Commissioner); Res. 08-69 CA-3 Approve Agreement No. 07-0726 with the California Department of Food and Agriculture (CDFA) for the Leading Edge Yellow Starthistle Control and Management Mapping Project and Approve Budget Action Accepting Unanticipated Revenue of ($4,950) for Fiscal Year 2007-2008 and Authorize the Board of Supervisors Chair to Sign the Agreement (4/5ths Vote Required) (Agricultural Commissioner); Res. 08-70 CA-4 Appoint Lee Stetson to the Midpines Planning Advisory Committee for a Term Expiring February 28, 2010 (Supervisor Aborn) CA-5 Approve an Agreement with Kenneth and Lamerna Mari, 1990 Trust, for Secure Storage of the Election Department’s Electronic Voting Machines and Authorize the Board of Supervisors Chair to Sign the Agreement (County Clerk/Treasurer/Tax Collector); Res. 08-71 CA-6 Authorize the Probation Department Staff to Work Alternate 9/80 Work Hours as Approved by the Chief Probation Officer (Chief Probation Officer); Matter was continued to March 4th for additional information CA-7 Approve Agreement No. EPO CDC 07-22 Amendment 1 with Public Health Emergency Preparedness Centers for Disease Control and Prevention (CDC) for Fiscal Year 2007- 2008 and Authorize the Board of Supervisors Chair to Sign the Amendment, the Certification Regarding Lobbying and the Non-Supplantation Certification Form (Health Officer); Res. 08-72 CA-8 Adopt a Resolution Authorizing Mariposa Planning Department to Hire Elizabeth Chattin as Extra-help, Associate Planner, Grade 210/Step 3, $22.5290 per Hour, for a Total of 860-hours Commencing February 26, 2008 and Authorize the Board of Supervisors Chair to Sign the Agreement (Planning Director); Res. 08-73 CA-9 Authorize the Public Works Director to Negotiate and Sign an Agreement for Construction of the Foresta Bridge Replacement, Project No. 07-02, and Issue a Purchase Order for the Acquisition of a Pre-manufactured Bridge Based on the Cooperative Agreement Established with the United Stated Department of the Interior (Public Works Director); Res. 08-74 ---PAGE BREAK--- 8 2-26-08 3:28 p.m. (M)Fritz, (S)Bibby, the Board adjourned in memory of George Melchior/Ayes: Aborn, Turpin, Bibby, Fritz; Excused: Pickard. Respectfully submitted, MARGIE WILLIAMS, Clerk of the Board LYLE TURPIN, Chair, Board of Supervisors