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Time Description 9:07 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Introductions Lee Stetson, Chairman; Proclaim September 17-23, 2006 as “Constitution Week” BOARD ACTION: (M)Pickard, (S)Bibby, the Proclamation was approved and presented to Andrea Waldron on behalf of the Merced River Chapter of the Daughters of the American Revolution/Ayes: Unanimous. Andrea Waldron presented the Board with a Certificate and poster. Lee Stetson, Chairman; Proclaim September 16, 2006 as “Scottish Society of Central California Day” BOARD ACTION: (M)Fritz, (S)Turpin, the Proclamation was approved and presented to Dick and Gwen Foster/Ayes: Unanimous. Dick Foster invited everyone to attend the games on Saturday in Fresno. Public Presentation: For Non-Timed Agenda Items including Attention, Information, and Consent Agenda, and for Items Not on the Agenda MaryAnn Huff, Moonshine Collectibles in Coulterville, noted that she is a member of several organizations and committees. She thanked the Board and Supervisor Turpin for efforts with projects in the North County. She urged the Board’s support for the agenda item requesting that CalTrans improve Highway 132 and provide better signage. She noted that when Highways 120 and 140 were closed, Highway 132 was open. Jim Kellerman invited everyone to attend a meeting on Thursday at 6:30 p.m. at the Government Center, and he advised that they are forming a local Habitat for Humanity group to build or renovate homes in the County. Officer Arredondo, CHP referred to Supervisor Turpin’s discussion on September 5th of a medical incident that occurred at Bagby relative to the Tuolumne and Mariposa CHP units not being able to respond to the incident. Sergeant Ed Greene, CHP, advised that he was on duty during the incident and he advised that the units from Sonora were busy with other incidents. So when the Sheriff’s Department requested a medi-vac helicopter and CHP assistance, he was prepared to dispatch an officer from Mariposa. But then he heard the Sheriff’s Deputy cancel the CHP response because the person involved in the medical incident decided he wanted ground transportation. He advised that there is not turf war between the two areas, and the units are available to respond to cover for each other. Supervisor Turpin advised that apparently not all of the discussions were transmitted over the scanner, and there was a misunderstanding that the CHP response had been cancelled by those listening to the scanner. Len McKenzie, speaking on behalf of the “Name4Carl” committee presented information on their committee and its proposal to formally name a peak in the High Sierra for Dr. Carl W. Sharsmith, a legendary Yosemite ranger-naturalist whose career in the Park spanned 64 years. He provided information on the proposal and on Dr. Sharsmith’s background; and he asked for the Board’s support of this proposal. More information is available at www.name4carl.org. Supervisor Pickard suggested MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA September 12, 2006 ---PAGE BREAK--- 2 9-12-06 that Supervisor Stetson work with the committee and bring back an agenda item for the Board’s consideration, along with information on the process for formally naming a peak. Paul Chapman referred to Consent Agenda items 12 – advertising agreement with AAA, and he stated he feels the costs are too high; and 8 – resolution upholding appeal No. 2006-69, and he questioned the reference to the recordation of the non-renewal and asked how this could occur if it hasn’t happened. Chairman Stetson apologized for pre-maturely cutting off Kenneth Gosting, TIE, during his presentation to the Board on September 5th. Leroy Radanovich, Tourism Coordinator, advised that he was present to respond to questions relative to Consent Agenda item 12. Approval of Consent Agenda (See End of Minutes) BOARD ACTION: Supervisor Turpin pulled items 3 and 5. Supervisor Bibby pulled items 6, 8, and 12. (M)Pickard, (S)Turpin, the balance of the items was approved. Supervisor Pickard referred to item 11 and advised that as of Monday, the Governor had not signed AB 1634 regarding reimbursement of 2005 special election costs. Ayes: Unanimous. Consent Agenda item 3 – grant through the Alzheimer’s Foundation of America. Brian Muller, Undersheriff, and John Maloy, SCOPE member, provided input relative to the grant funds and the equipment. (M)Turpin, (S)Fritz, item 3 was approved/Ayes: Unanimous. Consent Agenda item 5 – agreement with ECS Engineering for the Don Pedro wastewater facility. Dana Hertfelder, Public Works Director, responded to questions relative to the costs for the work being a part of the overall project. (M)Turpin, (S)Bibby, item 5 was approved/Ayes: Unanimous. Consent Agenda item 6 – agreement with Kleinfelder, Inc. for the Don Pedro wastewater facility. Supervisor Bibby asked for clarification that no building will occur for the project until the cancellation of the Williamson Act contract is resolved. Dana Hertfelder, Public Works Director, advised that they have submitted a petition to have the portion of the property that would be impacted by the treatment facility removed from the Williamson Act contract. (M)Bibby, (S)Turpin, item 6 was approved/Ayes: Unanimous. Consent Agenda item 8 – formal resolution for Redington Ranch appeal. Supervisor Bibby clarified that Planning was okay with the requested amendments to the formal resolution. Kris Schenk, Planning Director, stated he feels that the requested changes were for clarification and they are in agreement. Supervisor Bibby suggested that language be added to reflect that the County makes no assurance of other permits or entitlements to the sentence that reflects that the County makes no guarantee a house can be constructed on this parcel. Kris Schenk advised that he is okay with the language. Supervisor Pickard asked about the public presentation earlier this date relative to the issue concerning the recordation of the notice of non-renewal for the Williamson Act contract. Sarah Williams, Deputy Planning Director, advised that the notice of non-renewal is not an issue related to the appeal; and she advised that it was received and was recorded and the “whereas” statement in the resolution reflects that. (M)Pickard, (S)Fritz, item 8 was approved with the recommended amendments and additional language as suggested by Supervisor Bibby/Ayes: Unanimous. Consent Agenda item 12 – agreement with AAA. Leroy Radanovich, Interim Tourism Coordinator, responded to questions relative to the request and the deadline for the advertising. (M)Pickard, (S)Turpin, item 12 was approved/Ayes: Unanimous. Lyle Turpin, Supervisor District II/Thomas P. Guarino, County Counsel Discussion, Direction, and Action Regarding the Mariposa County Unified School District’s Donation of Land for the Red Cloud Library Site and Approval of the Agreement for Purchase and Sale of the Property and the Library Use Agreement (Supervisor Turpin and County Counsel) BOARD ACTION: Discussion was held with Thomas P. Guarino, County Counsel, relative to this matter. Supervisor Turpin thanked staff for their efforts and the School District and everyone involved in the project. Chester French, President of the Friends of the Red Cloud Library, advised of their fundraising efforts – they have raised about $17,000 that they would like to use for landscaping. He provided information on the history of the project. ---PAGE BREAK--- 3 9-12-06 Discussion was held relative to funding for the project. Jacque Meriam, Librarian, provided input on the project, and she noted that this has been a cooperative effort with the departments and the School District, and there is great community support. Supervisor Turpin noted that the request today is not for financing for the project; and he noted that the new facility will save the current rent costs. County Counsel advised that if the Board approves these agreements, they will be sent to the School District for approval; there will be an escrow process; and when funding is available the project can move forward. Dana Hertfelder, Public Works Director, provided input relative to the cost estimates for the project and options. (M)Turpin, (S)Pickard, Res. 06-428 was adopted approving the agreements as recommended/Ayes: Unanimous. Lee Stetson, Chairman Approve and Present Letter of Appreciation to CalTrans for the Work Done on Highway 140 due to the Ferguson Rockslide BOARD ACTION: (M)Fritz, (S)Turpin, Res. 06-429 was adopted approving the letter of appreciation to CalTrans/Ayes: Unanimous. The letter was presented to Kome Ajise, District 10 Director for CalTrans and Julie Dunning, Deputy Director for Public Affairs. 10:22 a.m. Recess 10:39 a.m. Discussion and Possible Further Action Regarding Continuation of the Local Emergency Due to Landslides on Highway 140 Enroute to Yosemite National Park (County Counsel/Interim County Administrative Officer) BOARD ACTION: Kome Ajise, District 10 Director for CalTrans, thanked the Board for the letter of appreciation. He advised that they are working to restore full mobility on Highway 140 and the costs could reach 50 to 100 million dollars. He advised that the next step is to form a project team development committee and they plan to include County staff representation and will keep the Board informed of the status of their work for permanent restoration. Supervisor Pickard asked about the September 5th letter that CalTrans sent to the Board relative to the outline of their plans for the permanent restoration of Highway 140 through the Ferguson Slide area and the estimated timeframe of 36 month to reach the final design phase. Discussion was held, and Kome Ajise provided input on the environmental review requirements. Supervisor Bibby asked about the status of monitoring of the slide activity, and discussion was held. Further discussion was continued for the LAFCo meeting to be opened. 11:00 a.m. Chairman Stetson advised that LAFCo would convene after the following items. Further discussion was held relative to the Ferguson Slide. Input from the public was provided by the following: Harvey Holland stated he lives in the Merced River Canyon and he thanked CalTrans for getting the Highway open. He referred to a geologist report and suggestions that the mountain may slide and create a dam that could close the road for two years. He advised of his concerns and of efforts to obtain flood insurance; and he requested clarification from the Board on why the County does not participate in the Flood Insurance Program. Chairman Stetson advised that he will work with Mr. Holland on this matter. Supervisor Pickard asked what precautions were being taken to plan for the coming winter weather if increased slide activity occurs. Kome Ajise advised that they have a person monitoring the slide and plan to do so through the winter, as well as a radar monitoring system. Julie Dunning advised that more information on the slide has been gathered since the earlier geologist report that Mr. Holland referred to. Supervisor Bibby asked about the status of funding, and was advised that CalTrans has funding for maintenance. Supervisor Turpin asked Dave Martin, US Forest Service Sierra National Forest District Ranger, for his input on the status of planning for a catastrophic event. Dave Martin advised that if there is a catastrophic event, they will call the Army Corps of Engineers; however, they feel that this possibility ---PAGE BREAK--- 4 9-12-06 is diminishing. He advised that the U. S. G. S. will be placing a monitoring system for the upper portion of the slide and this should help to better anticipate what the mountain will do. Chairman Stetson noted that he has a weekly conference call with the Forest Service, Delaware North, the Park Service, and YARTS, and he will keep the Board informed of the status of issues. (M)Pickard, (S)Turpin, Res. 06-430 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. Further discussion was held. Ayes: Unanimous. 11:34 a.m. LOCAL TRANSPORTATION COMMISSION (Chair – Lyle Turpin, Vice-Chair – Dianne Fritz) A) Public Presentation Mary Pike, Coulterville, urged the Board to keep up its efforts to have Highway 132 promoted as an alternate route to Yosemite. Stephen Huff, President of the Coulterville Community Club and business owner on Highway 132, referred to agri-tourism and the “jewel” of Yosemite, and he urged the Board to support the opening of Highway 132 to commercial traffic. Cherylann Schimmelfennig, owner of the Hotel Jeffery, referred to changes in the tourist traffic with the recent closures of Highways 120 and 140; and she encouraged the Board to look at all areas and promote alternative routes through the County. B) Approval of Letter to CalTrans Requesting that State Highways 132 and 59 be brought up to CalTrans Standards to Accommodate Commercial Traffic Including 45-foot Buses, and Requesting Additional Signage (Commissioner Turpin) BOARD ACTION: Supervisor Turpin initiated discussion relative the letter to CalTrans. Supervisor Bibby suggested a change in the draft letter. (M)Pickard, (S)Fritz, LTC Res. 06-5 was adopted approving the letter, as changed/Ayes: Unanimous. 11:48 a.m. Chairman Stetson advised that the Board would recess for LAFCo to convene, and the Board would reconvene after lunch at 1:30 p.m. 11:58 a.m. Kris Schenk, Planning Director; LOCAL AGENCY FORMATION COMMISSION (LAFCo) Meeting (See Separate Minutes) 1:45 p.m. Dana Hertfelder, Public Works Director; Presentation, Discussion, and Possible Direction Regarding the Safe Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) Funding for Improving Sixteen Roads, a Bridge and Bike Path in Mariposa County BOARD ACTION: Discussion was held with Dana Hertfelder relative to the status of funding and required match for the program and recommendation for using the funding to improve portions of the following six roads: Ben Hur, Triangle, East Whitlock, Cole, Coakley Circle, and Piney Creek. Supervisor Pickard asked about combining these projects with STIP projects. Dana advised that the first three are STIP projects, and that he would bring back current cost estimates for these three projects for the final budget hearing. Chairman Stetson called for input from the public. Eleanor Keuning noted that Leonard Road was graded in April and she feels it is time to grade it again. She also noted that its priority is low on this list for improvement, and she thanked the Board for that. She referred to her previous input to the Board relative to the need to improve Ben Hur Road for use as an alternate route when Highway 41 between Coarsegold and Oakhurst is closed due to snow. She asked about the high cost estimate for the Mariposa Creek Parkway project, and was advised that it is because of the length of the project. Further discussion was held. (M)Pickard, (S)Fritz, Res. 06-431 was adopted, with direction to staff to prioritize the six identified projects – Public Works to come back in the final budget hearing process with information on the estimated costs and the amount of matching funds for Coakley Circle, Cole, and Piney Creek; and staff is to come back with an analysis for the other three road projects with ---PAGE BREAK--- 5 9-12-06 combining the projects with the pre-existing STIP projects. Supervisor Turpin expressed concern with the condition of Priest-Coulterville Road and whether FEMA would cover the repairs due to the increased traffic as a result of the closure of Highway 120. Ayes: Unanimous. Board Information Supervisor Bibby thanked County Fire and the emergency medical responders for the quick response her family received recently; and she commended John C. Fremont Health Care for the subsequent services that were received. Supervisor Fritz advised that she attended the dinner to recognize the public safety officials on Saturday, and she noted that Supervisor Turpin presented the Proclamation on behalf of the Board. She also noted that Jim Middleton, Deputy Fire Chief, did a moving tribute at the dinner. The District IV meeting is scheduled for this evening at the Government Center. Supervisor Turpin advised that he attended the dinner to recognize the public safety officials and he applauded everyone for their work. He thanked CHP for their input earlier this date to clarify the medical incident at Bagby. He advised that he plans to meet with the Forest Service on Wednesday relative to the OHV mapping for the Stanislaus National Forest. On Monday, a business development meeting is scheduled to be held in Greeley Hill. Supervisor Pickard noted that the High Speed Rail Commission meeting is scheduled for Thursday and he noted that Board members plan to attend, and he suggested that consideration be given to requesting Board member representation on the Commission. He asked that Supervisor Stetson, as the Board member representing the County on the YARTS JPA, schedule a discussion about the status of the YARTS service and Amtrak service and how the 28-foot vehicle limit is being addressed for Highway 140, by October 15th. And, he asked that the discussion include information on how we want to support/maintain the corridor for transportation service into the Park. Supervisor Turpin thanked CalTrans for their discussion this morning. Supervisor Stetson advised that he plans to attend the Midpines Community Advisory Committee meeting this evening. CLOSED SESSION: Liability Claims; Claimant name: George Udvary; Claim Number: C06-7; Name of Agency Sued: Mariposa County (Interim Personnel/Risk Manager) BOARD ACTION: Thomas P. Guarino, County Counsel, advised that if no Board member has an interest in this item, then it is not necessary. 2:51 p.m. CLOSED SESSION: Conference with Real Property Negotiator; Description of Real Property: Property Located at 11th & Bullion; Agency Negotiator: Thomas P. Guarino; Name of Party who will Negotiate with County (Not Party’s Agent); Closed Session will Concern Price and Terms of Purchase (County Counsel); and CLOSED SESSION: Public Employee Appointment; Title or Position to be Filled: Fire Chief (Interim County Personnel/Risk Manager) BOARD ACTION: (M)Pickard, (S)Bibby, the closed sessions were held/Ayes: Unanimous. Chairman Stetson advised that the meeting would be continued to Monday for Final Budget Hearing after the conclusion of the closed session matters. 4:06 p.m. Chairman Stetson announced that direction was given to the Interim County Personnel/Risk Manager to prepare confidential questions for interview with applicants for the Fire Chief position; and direction was given to staff on the other closed session matter. CONSENT AGENDA: CA-1 Approve Trapping Agreement No. 06-0406 with California Department of Food and Agriculture (CDFA) for Fiscal Year 2006-2007 and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Agricultural Commissioner); Res. 06-417 ---PAGE BREAK--- 6 9-12-06 CA-2 Approve Nursery Inspection Agreement No. 06-0342 with California Department of Food and Agriculture (CDFA) for Fiscal Year 2006-2007 and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Agricultural Commission); Res. 06-418 CA-3 Approval to Apply for a Grant Offered through the Alzheimer’s Foundation of America to Assist the Mariposa County Sheriff’s Office Search and Rescue Team (Sheriff); Res. 06-423 CA-4 Authorize the Child Support Services Director to Purchase Three Replacement Computers from HP Public Sector Sales with Funds Provided by the State (Child Support Services Director); Res. 06-419 CA-5 Approve a Professional Services Agreement with ECS Engineering for Electrical Construction Support Services for the Don Pedro Reservoir Wastewater Facility in the Not to Exceed Amount of $10,000 and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Public Works Director); Res. 06- 424 CA-6 Approve a Professional Services Agreement with Kleinfelder, Inc. to Prepare Construction Quality Assurance Plan (CQAP) for the Proposed Construction of a Wastewater Storage Pond for the Don Pedro Wastewater Treatment Facility and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Public Works Director); Res. 06-425 CA-7 Approve Amendment One to the 2005-2006 Agreement with Mother Lode Job Training to Provide Assessment Services for Individuals in the CalWORKs Program and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Human Services Director); Res. 06-420 CA-8 Adopt a Resolution Upholding Appeal No. 2006-69 and Reversing the Planning Director’s Determination Regarding Processing nine Certificate of Compliance Applications for Redington Ranch LLC; Application Nos. 2006-04, 2006-05, 2006-06, 2006-07, 2006-08, 2006-09, 2006-10, 2006-11 and 2006-12 (Planning Director); Res. 06-426 with changes as directed CA-9 Approve the Appointment of Richard “Rick” J. Benson to the County Administrative Officer Position Effective November 6, 2006 at an Annual Salary of $105,060 (Interim Personnel/Risk Manager) CA-10 Recommend the Rejection of Claim No. C06-7 Filed by George Udvary in the Amount of $638.30 and Authorize the Chairman of the Board of Supervisors to Sign a Notice of the Rejection (Interim Personnel/Risk Manager); Res. 06-421 CA-11 Approve a Letter to Governor Schwarzenegger Supporting AB 1634 (McCarthy) regarding Reimbursement for the 2005 Special Election Costs (Supervisor Pickard); Res. 06-422 CA-12 Ratify an Agreement with AAA/American Automobile Association, Inc. and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Chairman Stetson/Interim County Administrative Officer); Res. 06-427 ---PAGE BREAK--- 7 9-12-06 4:07 p.m. The Board continued the meeting to Monday, September 18, 2006, at 9:00 a.m. for the Final Budget Hearing, and recessed in memory of James Frungillo, Laverne “Der” Greeley, Clint Mentzer, and Jack G. Kimbro. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board