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Time Description 9:05 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 Lee Stetson, Board of Supervisors, Chairman; Resolution and Tile Plaque Recognizing Bob Lowrimore Upon his Retirement from Mariposa County Fire Department BOARD ACTION: (M)Bibby, (S)Pickard, Res. 06-531 was adopted and presented to Bob Lowrimore, along with a tile plaque/Ayes: Stetson, Turpin, Bibby, Pickard; Excused: Fritz. Bob Lowrimore thanked the Board and his office staff for their support. Recess: 9:12 a.m. Reconvene 9:31 a.m. Public Presentation: For Non-Timed Agenda Items including Attention, Information, and Consent Agenda, and for Items Not on the Agenda Sheriff Jim Allen reported that Merced Pathology will discontinue doing autopsies for Mariposa County on Thursday. He advised that the Undersheriff was in Stockton yesterday working with Delta Pathology Group who is willing to do Mariposa’s autopsies starting Friday, but are only willing to do them in Stanislaus County. Merced County Sheriff/Coroner is in the same predicament. There is a shortage of Forensic Pathologists in Merced County. Mariposa County is currently paying $895 for a basic autopsy with the second level of autopsy approximately $1,500 and the Forensic, most complex autopsy approximately $2,090. Mariposa averages about 35 to 40 autopsies per year. Sheriff Allen informed the Board that currently we pay Merced County $20,000 a year. He sent them a 30 day notice yesterday which will leave a $10,000 balance in the budget until mid year budget. Sheriff Allen advised they will continue looking for a less expensive route, possibly a doctor willing to move to Merced to perform autopsies. Stanislaus County is planning on building a new coroner facility; their County Administrative Officer sent Sheriff Allen a letter regarding scheduling a meeting in January of 2007 to discuss a multiple county facility. Supervisor Bibby thanked Sheriff Allen for getting on this and asked that the Board of Supervisors be kept up to date. Sheriff Allen advised that there are 2 deputies returning to Mariposa County Sheriff’s Department and on Friday he will be swearing in a new deputy that has recently graduated from the academy. Introductions Chair Stetson introduced Bill Moore the new Safety Officer for Yosemite National Park. Board Information Supervisor Bibby advised that she would be traveling to Sonora for the Mother Lode Job Training Committee meeting and mentioned that Mariposa County has 2 vacancies, if anyone is interested they are looking for business representatives in the public sector to volunteer. She briefly explained the agenda discussions regarding employment for the communities in Tuolumne, Amador and Calaveras on this Committee. MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA November 28, 2006 ---PAGE BREAK--- 11-28-06 2 Supervisor Pickard advised that he had attended a Strategic Planning meeting with National Resource Conservation Service in Davis to work on the California and National Strategic Plan. He advised that he brought to their attention and would like to focus on soil conservation, water and species for fuel load reduction. He then advised they discussed air quality, water quality and quantity issues and feels one of the focus’s missing from NRCS, at least in California is the heavy fuel loading. He had a planning meeting in the form of a conference call regarding legislation that has come as a result of the California Resource Conservation Development Council’s strategic plan to look at alternative energy. The issues discussed were wind, hydro and biomass alternative energy. On Wednesday Supervisor Pickard will be meeting with the Department of Finance and the Business, Transportation and Housing Secretary, which involves CalTrans. Items to be discussed will be AB473 funding, the funding for the Ferguson rock slide and our county as a result of the San Joaquin Conference in regards to being a self help county and noxious weed issues. Supervisor Turpin advised that on December 8th and 9th the Friends of the Red Cloud Library will be sponsoring a Christmas Home Tour in Greeley Hill and Coulterville. Approval of Consent Agenda (See End of Minutes) BOARD ACTION: Supervisor Turpin pulled items 3 and 4. (M)Pickard, (S)Bibby, the balance of the agenda was approved/Ayes: Stetson, Turpin, Bibby, Pickard; Excused: Fritz. Consent Agenda item 4 – Supervisor Turpin would like to accept the resignation of Robert Jensen prior to appointing Keith Keenom in item 3. Turpin thanked Jenson for his service. (M)Turpin, Pickard, items 3 and 4 were approved/Ayes: Stetson, Turpin, Bibby, Pickard; Excused: Fritz. 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: Thomas P. Guarino advised that this item is clean up on the Membership Identification. Chairman Stetson called for input from the public and none was received. Bibby, Turpin, the first reading was waived and the Ordinance introduced amending Section 2.104.050 of Chapter 2.104 of the Mariposa County Code entitled “First 5 Mariposa County”. The Deputy Clerk of the Board read the title of the Ordinance into the record. Ayes: Stetson, Turpin, Bibby, Pickard; Excused: Fritz. Dana Hertfelder, Public Works Director; Waive Second Reading and Adopt Ordinance Amending Section 12.20.010 of Chapter 12.20 of the County Code Entitled “Signs Prohibited on County Property” BOARD ACTION: Dana Hertfelder provided information relative to the current ordinance not allowing signs to be placed under, over or on county roads or right of ways and requested that this be modified to permit this with prior Board approval. Supervisor Turpin requested clarification regarding the paragraph including “any signs of any nature without prior Board approval”, referencing signs such as advertisement for “Pancake Breakfast” etc., asking if these will require an encroachment permit and be required to come before the Board of Supervisors. Dana Hertfelder responded that currently these temporary signs are not allowed within the county right of way, but the county doesn’t have the ability to address all of these types of signs. At this point and time where organizations have had interest in obtaining a permit to put up signs, he would prefer them to come to the Board. If this becomes too difficult we could look at coming up with some policies of what would and would not be acceptable. Further discussion was held with Supervisor Bibby relative signs that just surface and reviewing an encroachment process. Chair Stetson concurred with Supervisors Bibby and Turpin advising that at the moment this does give the county the tool to take care of the problem and if it becomes an issue we can bring it back to the board. Pickard, Turpin, the first reading was waived and the Ordinance introduced amending Section 12.20.010 of Chapter 12.20 of the County Code entitled “Signs Prohibited on County Property”. Supervisor Turpin asked what the procedure is going to be at this time for temporary signs. Dana Hertfelder advised that the organization should find private property just off the county right of ---PAGE BREAK--- 11-28-06 3 way and place it there. He expressed his concern relative to the prompt removal of temporary signs and advised that it would be difficult to decide what signs would need to go to Board for approval relative to volunteer or non-profit organizations. He then explained the fees and process required for obtaining an encroachment permit. Supervisor Turpin asked for additional clarification for temporary signs in Coulterville. Dana Hertfelder responded that for signs placed in Coulterville chances are that if it’s off the paved section of the road it’s not in the county right of way. Dana Hertfelder suggested that if temporary signs are used annually an organization could come to the Board for approval to place the sign annually. Supervisor Bibby suggested this be done in the same manner as other annual events that come to the Board, in addition, the Board could approve multiple agencies. Further discussion relative to insurance requirements of events scheduled at a county facility with explanation of the process of obtaining Board approval. Dana Hertfelder suggested a drawing be prepared and submitted for review by Public Works to ensure the sign will not be placed in a county right of way; this could also assist in determining if an organization is required to go through this process. Supervisor Turpin expressed concern relative to creating additional paper work for staff. Input from the public was provided by the following: Paul Chapman suggested adding a paragraph saying “no person or persons shall place signs on county property exceeding 48 hours” to address the Coulterville issue. Dana Hertfelder reiterated his concerns of safety issues and the need for review of the site for correct site distance if signs are allowed to be placed on county property. The Deputy Clerk of the Board read the title of the Ordinance into the record. Ayes: Stetson, Turpin, Bibby, Pickard; Excused: Fritz. Dana Hertfelder, Public Works Director; Waive First Reading and Introduce Ordinance Approving Minor County Boundary Line Change Between Mariposa County and Tuolumne County BOARD ACTION: Supervisor Pickard asked for clarification relative to this item requiring a 3/5ths or 4/5ths vote and asked if this was a unanimous decision the previous time it came up. Thomas P. Guarino advised that he would research this; he recalled the last vote was 4 to 1 for moving forward. Dana Hertfelder confirmed it was a 4 to 1 vote directing Public Works to return to the Board with this item. Held for research by County Counsel until later on this date. Cheryle Rutherford-Kelly, Human Services Director; Review the Information Contained in the 2005-2006 Fiscal Year Annual Report BOARD ACTION: Cheryle Rutherford-Kelly advised that Marilyn Corral is now the President of the Mental Health Board and is present for any questions, Supervisor Bibby sits on the board as well. Supervisor Bibby complimented staff and volunteers for their work. Supervisor Pickard, in identifying what he considered a goal of a System of Care asked if the Board had addressed following up with a patient that had been treated. He asked if once a patient leaves do they take their medication as needed or is it an issue in Mariposa County that they continue to return for assistance. Cheryle Rutherford- Kelly responded that they do have a case manager that goes to the home to talk to patients about the importance of taking their medication, but unless the person is on conservatorship they can not force them to take medications. There have also been people that haven’t had to take medication to be stable and live a healthy life. She advised that there is massive statistical reporting that will allow them to track very carefully who is on medications and how this new system works compared to what they have had in the past. Marilyn Corral added that another part of the Adult System of Care being put in place is the Friendly Visitors Program to allow them to do outreach with the people that are hidden away. This is a group of volunteers that will observe and report any issues they may see. Further discussion was held by Marilyn Corral. Supervisor Bibby stated that the goal of the System of Care Program is to provide an all inclusive program “The care doesn’t stop here because you’re no longer a child”. Chairman Stetson called for input from the public and none was received. Supervisor Bibby, to accept this report; was withdrawn as it was an information item only and no action was necessary. ---PAGE BREAK--- 11-28-06 4 Further discussion was held relative to introducing an Ordinance approving a minor county boundary line change between Mariposa County and Tuolumne County. County Counsel referred to a portion of the Government Code advising that not later than 30 days after the conclusion of the hearing the Board of Supervisors of each affected county shall adopt similar ordinances approving the proposed boundary change and under a subsection of the code, the ordinances shall be adopted by majority vote of each Board of Supervisors. Chairman Stetson called for input from the public and none was received. Pickard Turpin, the first reading was waived and the Ordinance was introduced approving minor county boundary line change between Mariposa County and Tuolumne County. The Deputy Clerk of the Board read the title of the Ordinance into the record. Under discussion Supervisor Bibby expressed her concerns regarding the complete application. She also suggested a condition for the approval of the map be added. Ayes: Stetson, Turpin, Pickard; Opposed: Bibby; Excused: Fritz. Dana Hertfelder, Public Works Director; PUBLIC HEARING – Approve the Request from Total Waste Systems of Mariposa, Inc. for a Consumer Price Index Increase of 3.6% to be Effective November 1, 2006 for the Mariposa Franchise Area BOARD ACTION: Dana Hertfelder presented the staff report, he responded to questions of the Board. He addressed the Board recommending that they approve the request from Total Waste Systems of Mariposa for consumer price index increase of 3.6% to be effective November 1, 2005 (2006) for the Mariposa Franchise area. Input from the public was provided by the following: Ruth Catalan requested clarification regarding the date being stated by Dana Hertfelder as 2005 and not 2006. Dana Hertfelder made a correction to reflect the date of 2006. The public portion of the hearing was closed and the Board commenced with deliberations. Pickard, Turpin, Res. 06-544 was adopted approving the consumer price index increase of 3.6% for Total Waste Systems. Ayes: Stetson, Turpin, Bibby, Pickard; Excused: Fritz. The hearing was closed. Dana Hertfelder, Public Works Director; PUBLIC HEARING - Approve the Request from Fiske Sanitary Disposal Service for a Rate Increase of the Consumer Price Index 2005-2006 of 3.6% to be Effective November 1, 2006 for the Fiske Franchise Area BOARD ACTION: Dana Hertfelder presented the staff report. He addressed the Board recommending that they approve the request from Fiske Sanitary Disposal for consumer price index increase of 3.6% to be effective November 1, 2006 for the Fiske Franchise Area. The public portion of the hearing was opened and there was no input. The public portion of the hearing was closed and the Board commenced with deliberations. Dana Hertfelder and Steve Engfer responded to questions of the Board. Turpin, Pickard, Res. 06-545 was adopted approving the consumer price index increase of 3.6% for Fiske Sanitary Disposal. Ayes: Stetson, Turpin, Bibby, Pickard; Excused: Fritz. The hearing was closed. Kris Schenk, Planning Director; PUBLIC HEARING - Approve Land Conservation Act Contract Application No. 2006-255, Approving the Creation of a New Agricultural Preserve and Executing a New Land Conservation (Williamson) Act Contract with David Brown for a 600-Acre Property Located on Mount Gaines Road in Hornitos; APN 007-130-026 BOARD ACTION: Megan Tennermann, Associate Planner, presented the staff report and advised that staff and the Agricultural Advisory Committee support this application and the Planning Commission has recommended the Board approve this action. Megan Tennermann responded to questions from the Board relative to the contract effective date, correcting the date to January 1, 2007. She also responded to questions relative to subdivision language used in the contract and viable Agricultural land. Supervisor Bibby requested clarification in regards to a possible discussion with the Agricultural Advisory Committee relative to change in land use and was there any public input in the form of letters. She also inquired if the applicant is fully aware of the 20 year commitment of this contract. Megan Tennermann responded that the only input she received was one phone call from a neighbor of the applicant inquiring how this would affect the easement for Mt. Gaines Road, and since Mt. Gaines ---PAGE BREAK--- 11-28-06 5 Road is a public easement it would not be affected by the contract. She concluded that she spoke to the applicant and he is fully aware of the commitment. Supervisor Bibby commended the applicant for his commitment to the preservation of agricultural industry. Supervisor Turpin requested clarification relative to permitted uses of the Williamson Act Contract. Megan Tennermann responded that it is the resolution that specifies permitted and accessory uses, not the contract. County Counsel advised that the contracting party is in violation of the contract if it becomes a non-permitted use and that is something the County would have a right to enforce. The public portion of the hearing was opened and there was no public input. The public portion of the hearing was closed and the Board commenced with deliberations. Further discussion was held relative to land use and the language in the Certificate of Non-Compliance. Bibby, Turpin, Res. 06-546 was adopted approving Land Conservation Act Contract Application No. 2006-255, and approving the creation of a new agricultural preserve and executing a new Land Conservation (Williamson) Act Contract with David Brown for a 600-acre property located on Mount Gaines Road in Hornitos. Under discussion of Supervisor Pickard relative to the Department of Conservation stepping up their enforcement visibility to the point of aerial photos, he asked if the applicant is still prepared to complete the contract process. Megan Tennermann responded that the applicant is prepared. Ayes: Stetson, Turpin, Bibby, Pickard; Excused: Fritz. The hearing was closed. Rick Benson, County Administrative Officer / Dana Hertfelder, Public Works Director; PUBLIC HEARING – For an Application Submittal for a Community Development Block Grant (CDBG) / Planning and Technical Assistance Grant (General Allocation) in the Amount of $70,000 in Fiscal Year 2006 to Develop a Drainage Study for the Town of Mariposa and an Environmental Review for the Town of Mariposa and Coulterville; Approve the Application for Funding and Authorize the Chairman of the Board of Supervisors to Sign the Grant Agreement and any Amendments BOARD ACTION: Marilyn Lidyoff, Administration/Business Development Coordinator, presented the proposed activity in the form of an application along with the amount of funding being requested and information about the nine percent cash match. She described the location of the activity and how it will meet the National Objective, which is to benefit the Targeted Income Group (TIG). She provided information on the Scope of Work, and time schedule to complete the project. Marilyn Lidyoff then responded to questions of the Board relative to each allocation being a non specific planning activity and project specific planning activity. The Non Specific planning study does not further the development of a specific project. However, the Project specific planning study is defined as a study necessary to begin the process of actually developing a specific project in the community. She also responded to questions relative to this item coming back to the Board to request a cash match from within the Water Agency Funds. Dana Hertfelder responded to questions relative to the cash match qualifying to come from within the Water Agency Funds. The public portion of the hearing was opened with no public input. The public portion of the hearing was closed and the Board commenced with deliberations. Turpin, Pickard, Res. 06-547 was adopted approving the application submittal for a Community Development Block Grant/Planning and Technical Assistance Grant in the amount of $70,000 in Fiscal Year 2006 to develop a Drainage Study for the town of Mariposa and an Environmental Review for the town of Mariposa and Coulterville and approve the application for funding and authorize the Chairman of the Board of Supervisors to sign the Grant Agreement and any Amendments. Motion was amended and agreeable with the maker to add direction to include the Public Works Director to look at the cash match at the appropriate time, and he would like to have that evaluated through the Water Advisory Committee and have it come before the local advisory agency for consideration. Ayes: Stetson, Turpin, Bibby, Pickard; Excused: Fritz. The hearing was closed. Rick Benson, County Administrative Officer; Make a Determination that Public Convenience or Necessity Would be Served by the Transfer of an Off Sale Beer and Wine License to the Greeley Hill Market and Authorize the Chairman of the Board of Supervisors to Sign the Department of Alcoholic Beverage Control Application BOARD ACTION: Rick Benson advised that because there are already more than the prescribed number of beer and wine licenses within the census tract it is required that the Board review for possible determination that public convenience or necessity would be served by the issuance of the ---PAGE BREAK--- 11-28-06 6 license. He then advised that the Board can take 1 of 3 different actions. Actions being they could transfer the license, do not transfer the license or no action and in 90 days the new owner could apply for their license from the State Board. Rick Benson responded to questions relative to this being routed to law enforcement, is there a guarantee that the new owner would get the license after 90 days if no action was taken, and does the transfer occur locally. Jessie Figueroa, co-owner of the Market responded to the Board advising that they are not applying for a new license; they only wish to transfer the off-sale permit, he did speak to Sheriff Allen who had no opposition to this request. Jesse Figueroa also advised that Alcohol Beverage Control (ABC) has required them to do public notification in the Newspaper and place signs on the property. Chair Stetson called for input from the public and none was received. Turpin, Pickard, Res. 06-548 was adopted finding that public convenience or necessity would be served by the transfer of an off-sale Beer and Wine License to the Greeley Hill Market and authorizing the Chairman of the Board of Supervisors to sign the Department of Alcoholic Beverage Control Application. 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/County Administrative Officer) BOARD ACTION: Chair Stetson advised that he had made a few phone calls recently but has not been able to reach anyone due to the holidays. Discussion was held relative to moving forward as quickly as possible and keeping in contact with CalTrans, also relative to safety issues. Chair Stetson advised of a meeting scheduled for the second Monday of January. (M)Bibby, Pickard, Res. 06-549 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: Stetson, Turpin, Bibby, Pickard; Excused: Fritz. Approve the Replacement Vehicles and Heavy Equipment for Fiscal Year 2006-2007; Approve Items to be Purchased in the Fleet Fund from the Equipment Line Item that are over $3,000 (County Administrative Officer) BOARD ACTION: Rick Benson advised that a list of replacement vehicles and heavy equipment items was inadvertently left out of the recommended Budget for Fiscal Year 2006-2007. Carl Casey Public Works Administration, responded to questions of the Board relative to 4-wheel drive vehicles and specific makes of vehicles being replaced by like vehicles and the possibility of replacing some vehicles with a different make of the same value. Further discussion was held relative to criteria necessary to determine replacement values based on mileage and age. Pickard, Turpin, Res. 06-550 was adopted approving the replacement vehicles and heavy equipment for Fiscal year 2006- 2007 and approving items to be purchased in the Fleet fund from the equipment line item that are over $3,000. Ayes: Stetson, Turpin, Bibby, Pickard; Excused: Fritz 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. Total Waste Systems, Inc. (County Counsel); BOARD ACTION: This closed session continued to December 5, 2006. CLOSED SESSION: Conference with Legal Counsel: Anticipated Litigation; Significant Exposure to Litigation Pursuant to Subdivision of Government Code Section 54956.9 Relative to a Workers’ Compensation Case. Number of W/C Cases to be Discussed: 1 (County Administrative Officer); and CLOSED SESSION: Public Employee Appointment; Position: Fire Chief (County Administrative Officer); and 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) ---PAGE BREAK--- 11-28-06 7 BOARD ACTION: (M)Bibby, (S)Turpin, the Closed Sessions were held with Sandi Laird/Administration-Administrative Analyst present. Ayes: Stetson, Turpin, Bibby, Pickard; Excused: Fritz. 11:45 a.m. The Board convened in closed session. 12:30 p.m. Direction was given to staff as a result of closed session. INFORMATION: - No action was necessary on the following: List of Contracts Entered Into by the County Administrative Officer Pursuant to Ordinance 3.08 for the Months of June, July, August and October 2006 (County Administrative Officer) CONSENT AGENDA: CA-1 Approve Budget Action Increasing Revenue and Corresponding Appropriations in the Standards and Training for Corrections (STC) Fund ($5,720) (4/5ths Vote Required) (Chief Probation Officer); Res. 06-532 CA-2 Approve Request to Disband the Temporary Aid for Needy Families (TANF) Local Planning Council (Chief Probation Officer); Res. 06-533 CA-3 Appoint Keith Keenom, Representing District II, to the Building Department Advisory and Appeals Board for a Term Commensurating with the Term of District II Supervisor (Building Department Director); Res. 06-542 CA-4 Accept the Resignation of Robert Jensen, District II Advisory and Appeals Board Member Effective November 2, 2006 (Building Department Director); Res. 06- 543 CA-5 Approve a Certificate of Recognition and Congratulations to Winifred and Nelson Gauthier on Celebrating their 60th Wedding Anniversary on December 7, 2006, Presentation will be done during the Celebration on December 2nd (Supervisor Bibby); Res. 06-534 CA-6 Approve the Reciprocal Fire Protection Agreement with the United States Department of Interior National Park Service and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Fire Chief); Res. 06-535 CA-7 Appoint Richard Benson, County Administrative Officer as the County’s Representative to the California State Association of Counties (CSAC) Excess Insurance Authority (EIA) and Direct Staff to Notify the EIA of the Appointment (County Administrative Officer); Res. 06-536 CA-8 Approve the Amendments to the Excess Workers’ Compensation and Excess Liability (GLI) Program Memorandums of Understanding (MOU) and Authorize the County Administrative Officer to Sign the MOU’s (County Administrative Officer) ;Res. 06-537 CA-9 Approve an Agreement for a Backup Mariposa County Foster Family Receiving Home and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Human Services Director); Res. 06-538 ---PAGE BREAK--- 11-28-06 8 CA-10 Approve Second Amendment with Freeman and Seaman Land Surveyors for the Purpose of Providing Construction Surveying for Various Projects in Mariposa County (Public Works Director); Res. 06-539 CA-11 Adopt a Resolution Authorizing the Chairman of the Board of Supervisors to Sign Certification for Funding Under Health and Safety Code 123945 for the State- Mandated Children’s Medical Services (CMS) Program (Health Officer); Res. 06- 540 CA-12 Approve Budget Action Transferring Funds Within the County Counsel Budget to Cover the Cost of Extra Help Personnel ($500) (County Counsel); Res. 06-541 2:20 p.m. Adjournment in memory of Beverly Karen Smithgall and Leah Rosenfeld. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board BY: TRACY GAUTHIER Deputy Clerk to the Board