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Time Description 9:09 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Introductions Supervisor Fritz was wished a Happy Birthday. Chair Bibby advised that she received a request to take the CDBG grant for the Coulterville drainage study public hearing before the CDBG grant for the Economic Vitality and Implementation Plan public hearing at 10:00 a.m. She advised of the planned lunch break from 12 noon to 2:00 p.m.; and she advised that this meeting would be continued to Wednesday for closed sessions for labor negotiations with SDA and SMA. She further advised that because of a financial tie with family members involved in these bargaining units and compaction issues that could arise with these labor negotiations, she has been excusing herself and she will not be participating in these items. 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: (M)Fritz, (S)Turpin, all items were approved/Ayes: Unanimous. Public Presentation: For Items within the Jurisdiction of the Board and not on Today’s Agenda. James Upperman referred to the Coulterville Water and Sewer Advisory Committee meeting that was held, and he advised that he and his friend would like to donate their time to read the meters to save costs and they are looking into insurance requirements. Chair Bibby advised that this offer would be forwarded to the appropriate department. Helen Kwalwasser assured the Board that the Gold Coin building is stable and she has an engineer working on the building. Jim Allen, Sheriff, advised that everything is being moved today for the updated 9-1-1 dispatch center; and he invited the Board members and the public to see the new center, which is in the same building. Mary Ann Huff, President of the Mariposa County Chamber of Commerce, complimented the Yosemite/Mariposa County Tourism Bureau for its promotion of the County with the radio advertising; and she advised of the upcoming Merry Mountain Christmas activities and of the holiday lighting in the North County. Eleanor Keuning invited everyone to attend the Community Chorus Christmas Concert on December 10th and the Mariposa on December 15th. Board Information MARIPOSA COUNTY BOARD OF SUPERVISORS SUMMARY OF PROCEEDINGS December 4, 2007 ---PAGE BREAK--- 2 12-4-07 Supervisor Fritz advised that she helped with the Soroptimist Craft Fair over the weekend. She plans to attend a meeting in Merced on Wednesday relative to high speed rail route issues. She advised that the Civil War planning meeting will be held here on Friday. She plans to attend the Merced River Plan meeting in Yosemite. She wished every a safe and happy holiday season. Supervisor Pickard advised of the pending relocation of the A12AAA facilities in Sonora. He plans to attend the CMSP (County Medical Services Program) meeting on Thursday, and he advised of the status of the health care reform. Supervisor Aborn advised that the Midpines Boosters sponsored a farewell party for retiring Sheriff Allen. He plans to attend the swearing-in ceremony at 1:00 p.m. today for the new Postmaster in Midpines. He also noted that his daughter has a birthday this date. Supervisor Turpin advised that the Station 26 Fire Brigade had a tree lighting ceremony in Coulterville on Saturday, and that the first event was held in 1939. On Friday, the Air National Guard and the Marine Band will be performing at the Hacienda in Don Pedro. The Red Cloud Library will hold its home tour fundraising event this coming weekend. He attended the Solid Waste Local Task Force meeting on Wednesday. He met with Agricultural Commissioner Cathi Boze and the Forest Ranger for the Groveland Ranger District relative to a fuel reduction project. He attended a meeting on Wednesday in Greeley Hill relative to the OHV (off-road vehicle) routes and the comment period ends on January 18, 2008 for this. Supervisor Bibby advised that she plans to attend the Mental Health Board meeting at noon today. She advised that the Agricultural Commissioner will be bringing an item to the Board on December 18th relative to the draught, possible emergency declaration and programs that are available. CalTrans will be giving a presentation on the Ferguson Rockslide on December 11th, and she extended her appreciation to everyone who participated in the public hearings held by CalTrans. Supervisor Turpin referred to the Coulterville Water and Sewer Advisory Committee meeting; and he advised that unless there is an objection, the Board’s public hearing on the fees will be scheduled for January 8, 2008, at 2:00 p.m. in Coulterville. Rick Benson, County Administrative Officer, recommended that the presentation relative to the future plans and addressing the needs of the Fire Department be scheduled for January 15, 2008, at 2:00 p.m. versus the tentative date of December 18th as that agenda is filling up. Keith M. Williams, County Clerk/Treasurer/Tax Collector; Set Public Hearing for January 8, 2008 at 11:00 a.m. to Approve Fee Increases for Marriage Licenses and Fictitious Business Name Statements and Increase and Implement Fees for Other County Clerk Services BOARD ACTION: Discussion was held with Keith Williams. It was noted that due to the scheduling of the public hearing for the Coulterville water and sewer fees at 2:00 p.m. in Coulterville on January 8, 2008, that this hearing would be scheduled at 10:00 a.m. versus 11:00 a.m. Input from the public was provided by the following: James Upperman questioned the maintenance costs for the marriage license program. (M)Fritz, (S)Aborn, Res. 07-553 was adopted setting the public hearing for January 8, 2008, at 10:00 a.m./Ayes: Unanimous. John Davis, Building Director and Matthew Watson, Fire Captain – Cal Fire; Presentation Regarding the New Requirements to the California Building Codes going into Effect January 1, 2008 BOARD ACTION: John Davis and Matt Watson provided information on the new requirements. Discussion was continued for the following hearing to be opened. 10:00 a.m. The public hearings on the CDBG grant for the Coulterville drainage study and the CDBG grant for the Economic Vitality and Implementation Plan were opened and continued until after the following matter. Discussion was held relative to the Building Code requirement changes, and John Davis advised that permits filed before January 1, 2008, will not need to follow the new requirements. ---PAGE BREAK--- 3 12-4-07 Input from the public was provided by the following: Eleanor Keuning asked for clarification of the requirement for water storage for the high fire hazard areas. Matt Watson responded and provided input on the requirements. Richard J. Benson, County Administrative Officer, and Dana Hertfelder, Public Works Director; PUBLIC HEARING to Notify the General Public of the Accomplishments of the Drainage Study for the Town of Coulterville Funded by the State of California Department of Housing and Community Development CDBG/Planning and Technical Assistance Program; and for the Board of Supervisors to Accept the Final Report BOARD ACTION: Marilyn Lidyoff, Administration-Business Development Coordinator, and Rick Benson presented the staff report; and they responded to questions from the Board relative to being able to obtain color maps of the area, and relative to future updates to the study to reflect any development that may occur. The public portion of the hearing was opened and input was provided by the following: Eleanor Keuning, Historical Sites and Records Preservation Commission, questioned whether a future project would include any consideration of disturbance of any historic path or walk, or roads or any Native American artifacts. Dana Hertfelder, Public Works Director, advised that most of the work would occur in the existing roadway; however, the environmental study would determine if there are any impacts. Mary Ann Huff, resident of Coulterville, stated she supports this grant and she feels the work would help to protect the historic buildings. The public portion of the hearing was closed and the Board commenced with deliberations. (M)Turpin, (S)Aborn, Res. 07-554 was adopted accepting the final report/Ayes: Unanimous. The hearing was closed. 10:32 a.m. Recess 10:44 a.m. Richard J. Benson, County Administrative Officer; PUBLIC HEARING to Notify the General Public of the Accomplishments of a Grant to Develop an Economic Vitality Strategy and Implementation Plan Funded by the State of California Department of Housing and Community Development CDBG/Planning and Technical Assistance Program; and for the Board of Supervisors to Accept the Final Report BOARD ACTION: Marilyn Lidyoff presented the staff report; and Leroy Radanovich, Tourism Director for the Yosemite/Mariposa County Tourism Bureau, and Roger Biery, Economic Development Corporation, assisted with the presentation. They responded to questions from the Board relative to the reference to a convention center, relative to potential opportunities with UC Merced, relative to the next steps in this process, whether there are any commitments with accepting the report, whether there was a targeted sales tax goal, relative to the services provided by the consultant for this report, comparison of this report with the General Plan, and whether there was any public input on where the businesses should be located. The public portion of the hearing was opened and input was provided by the following: Paul Chapman stated he does not feel that there is anything new in the report and he feels we need something different that the other areas to draw the tourists. Ken Pulvino, Northside Community Coalition, praised Marilyn Lidyoff and those involved for their work on this and he stated he feels the issue is keeping the rural character of the County; and he referred to infrastructure matters. Mary Ann Huff, President of the Chamber of Commerce and North County citizen, praised the efforts of the process and the report, and she commented on the need for “green” industry. Ken Baker complimented those involved in the process, and he stated he feels that this will be one of the most important documents presented to this Board – he feels it is almost a business plan for this County. Odella Knell, antique shop owner in town, stated she really appreciates what has been done and she feels the plan is a strategy and it is not set in stone. ---PAGE BREAK--- 4 12-4-07 Dick Hutchinson, speaking for himself, referred to the financial problems with the School District and the need for a better economy in the County. Candy O’Donel-Browne, former tourism industry business owner and as a member of the Economic Development Corporation and Visitor’s Bureau and as President of the Mariposa Arts Council, stated the greater income in the County comes from investments and not earning an income and she feels that this plan will turn that around; and she stated she doesn’t feel that it is very realistic that big box stores will want to locate here. She commended Marilyn Lidyoff for her work, and she stated she is supportive of having a performing arts center on the “wish list.” Supervisor Bibby asked whether there is anything in this report that conflicts with the General Plan; she clarified that this report is just a strategy and that it is consistent with the General Plan; she expressed concern that the consultant did not stay with the report through this presentation; she clarified that this document will not be used to undermine the General Plan, but to enhance it; and she thanked everyone for all of the work they put into this report. The public portion of the hearing was closed and the Board commenced with deliberations. (M)Fritz, (S)Aborn, Res. 07-555 was adopted adopting the final report. Supervisor Pickard asked for clarification from the Planning Director that this is a task in the General Plan. The motion was amended, agreeable with the maker and second, to clarify that the Board is accepting this report and not adopting it. Chair Bibby asked County Counsel whether additional questions to staff could be taken at this time; and Supervisor Pickard advised that he was satisfied by the nod of agreement that he received from the Planning Director. Ayes: Unanimous. The hearing was closed. 12:53 p.m. Lunch 2:05 p.m. 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 advised that CalTrans will be present for the next meeting to provide input on the public hearings it held on the Ferguson Rockslide and to discuss where they are in the process, and he will prepare a draft letter for the Board to reaffirm its support for getting the project done quickly. Chair Bibby urged the public to submit their comments to CalTrans. Following discussion, (M)Aborn, (S)Turpin, Res. 07-556 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. Approve the 2008 Civil War Re-Enactment as an Annual County Sponsored Event for Liability Insurance Purposes (County Administrative Officer/Personnel/Risk Manager) BOARD ACTION: Discussion was held. Input from the public was provided by the following: Paul Chapman stated the Long property is under Williamson Act contract and he does not feel that this event is allowed under the contract. (M)Fritz, (S)Pickard, Res. 07-557 was adopted approving the Civil War Re-enactment as an annual County sponsored event for liability insurance purposes on the Long ranch for the three day event to be held in April; with direction that insurance for any other activities that are held (such as the dances in town) will be handled separately. Supervisor Fritz advised that no alcohol will be served on the Long ranch. Supervisor Aborn questioned whether any input has been received from the Agricultural Commissioner on this request; and he noted that there are other issues that the Board will be asked to decide that pertain to this property. Further discussion was held. The motion was amended, agreeable with the maker and second, to include direction that a determination be obtained from the Planning Department that this event is compliant with the Williamson Act contract; that there will be a designated contact person for the event; and that no alcohol will be served on the Long’s ranch/Ayes: Turpin, Bibby, Fritz, Pickard; Noes: Aborn. ---PAGE BREAK--- 5 12-4-07 CLOSED SESSION: Liability Claims; Claimant Name: Kenneth Alan Gosting: Claim Number: C07- 21; Name of Agency Sued: County of Mariposa (County Administrative Officer/Personnel/Risk Manager) BOARD ACTION: Rick Benson withdrew this item from the agenda. INFORMATION – No action was necessary on the following: Information Report of Liability Claims Rejected by the County Administrative Officer/Risk Manager for the Month of November 2007 (County Administrative Officer/Personnel/Risk Manger) 2:42 p.m. 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: SBE v. All Persons Interested in the Validity, etc., Sacramento County Superior Court Case No. 07AS04798 (County Counsel); and CLOSED SESSION: Conference with Real Property Negotiator; Description of Real Property: 5080 Bullion Street, Mariposa CA; Agency Negotiator: Richard J. Benson; Name of Party who will Negotiate with County (not Party’s Agent): Robert Bondshu; Closed Session will Concern Price and Terms of Lease/Purchase (County Administrative Officer/Personnel/Risk Manager) BOARD ACTION: (M)Fritz, (S)Turpin, the closed sessions were held/Ayes: Unanimous. 3:02 p.m. Chair Bibby announced that as a result of the closed session matters that information was received from staff on the Sacramento County Superior Court Case No. 07AS04798; and that action was taken by unanimous vote to designate the County Administrative Officer as the real property negotiator for the property at 5080 Bullion Street. CONSENT AGENDA CA-1 Approval of Summary of Proceedings of November 27, 2007, Regular Meeting (Clerk of the Board) CA-2 Approve an Agreement with SouthTech Systems for the Lease and Maintenance of the New Marriage License Module for the Existing CATS County Clerk Software and Approve the Budget Action Decreasing General Contingency to Cover the Cost of County Clerk Software ($2,155) (4/5ths Vote Required) (County Clerk/Treasurer/Tax Collector); Res. 07-551 CA-3 Approve the Rejection of Claim No. C07-21 Filed by Kenneth Alan Gosting for $400,500 and Authorize the Board of Supervisors Chair to Sign the Notice of Rejection (County Administrative Officer/Personnel/Risk Manager); Res. 07-552 3:03 p.m. Chair Bibby recessed the Board meeting in memory of Wendy Lee Wilson-Eastwood; and the meeting was continued to Wednesday, December 5, 2007, at 9:00 a.m. for closed sessions to be held relative to labor negotiations with DSA and SMA. Chair Bibby also provided a reminder that she is recusing herself from these labor negotiations. Respectfully submitted, MARGIE WILLIAMS, Clerk of the Board JANET BIBBY, Chair, Board of Supervisors