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Time Description 9:10 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Introductions Jim Wilson, Fire Chief, advised of a training burn the department held in Hunters Valley on Saturday; and of an incident that occurred later that afternoon with people discovered trapped inside a structure fire in the Ben Hur Road area. He commended Sheriff’s Sergeant Jeff Totten, Firefighter John Faleski, and Deputy Fire Chief Jim Middleton for rescuing the victims. He also thanked all of the other people and agencies that responded to this emergency. Board members thanked everyone involved. 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 Bibby pulled item 1 for the Fire Chief to provide input. Supervisor Fritz pulled item 5 for a comment. Item 1 – Jim Wilson, Fire Chief, provided input on the grant process and priority rating information they received; and he advised that the request for rescue units has been changed to an application for an engine/water tender. (M)Bibby, (S)Pickard, item 1 was approved, with the change/Ayes: Unanimous. Item 5 – Supervisor Fritz noted that the agenda did not reflect the correct spelling for Chevon Kothari’s name; and she commended Chevon for her assistance to the County with her grant writing skills. (M)Fritz, (S)Bibby, item 5 and the balance of the consent agenda items was approved/Ayes: Unanimous. Public Presentation: For Items within the Jurisdiction of the Board and not on Today’s Agenda. Ruth Sellers provided input on the progress of the High-Speed Rail Authority’s review of the routes; and she advised that no one is interested in the Pacheco Pass route. Dick Hutchinson referred to his earlier input to the Board on the need for strategic planning in the County and he read information on strategic planning; and he mentioned that Ken Pulvino, a North County resident, has experience with this and may be able to be of assistance to the County. Paul Chapman advised that he attended the Sierra Nevada Conservancy meeting in Bass Lake, and he suggested that a grant application be submitted for a water study. Eleanor Keuning referred to the Sierra Business Council and the Sierra Nevada Conservancy; and she feels that the County is being left out of their projects and that we should be more proactive. Curt referred to the March 6th meeting of the Catheys Valley Town Planning Area Advisory Committee; and he stated he does not feel that the draft Plan is ready for the Board to make decisions on April 1st as scheduled. He feels there are too many unsubstantiated statements and he MARIPOSA COUNTY BOARD OF SUPERVISORS SUMMARY OF PROCEEDINGS March 18, 2008 ---PAGE BREAK--- 2 3-18-08 would like a chance to address issues with the Committee before coming to the Board. He referred to his parcel and agricultural uses and he feels there are conflicts with the Plan. Rick Lobaugh stated he has property in Catheys Valley and he referred to his email that was sent on Monday expressing concerns with the draft Plan for Catheys Valley. He feels this plan should have public input at the Committee level before coming to the Board. He referred to a letter from Attorney Starchman relative to the General Plan Annual Report concerning area plans. He noted that the draft Catheys Valley Plan was dated March 4th – just two days before the Committee meeting, and he asked the Board to send the Plan back to the Committee. Manual Souza stated he is a resident in Catheys Valley and referred to his businesses that are located outside of the County; however, he supports this County and the community organizations. He stated he is not happy with the Catheys Valley Town Planning Area Advisory Committee as public comment was not allowed and he does not feel that there was respect for the people that had different opinions at the March 6th meeting. He feels a 36 square mile planning area is too large. He feels that jobs need to be developed and that we need an economic base in the County, and he feels that agri- tourism business is good for the area. He asked that the Board delay considering this Plan until people that are newer to Catheys Valley have a chance to review it. He stated he feels that we need to respect one another’s opinion; and he stated Ms. Castaldi did not yell and scream at the March 6th meeting as reported. Sheryl Leisure advised that she attended the March 6th meeting in Catheys Valley and she referred to an email she sent to Board members on Monday. She feels the draft Plan for Catheys Valley needs to have a longer review period and she expressed concerns with the Plan. She requested that the presentation of the Plan to the Board be postponed to allow proper input and answers to their concerns. Chair Turpin noted that there is an addendum to the agenda to add an item relative to a handicap parking stall on Highway 140. Eleanor Keuning quoted a definition of agri-tourism. Supervisor Bibby advised that the draft Catheys Valley Plan item on the April 1st agenda is scheduled for a joint meeting with the Planning Commission and the Board of Supervisors to make suggestions and changes to the draft Plan; and the agri-tourism item is a separate matter scheduled for April 2nd. She commented on the process for the draft Plan and noted that public hearings will be held by the Planning Commission and the Board, and that there is a still a process ahead with opportunity for public input. Board Information Supervisor Fritz advised that she attended the 4-H Presentation Day and she commended the 4-H members on their presentations. On Saturday, she attended the Chamber of Commerce dinner recognizing clubs and organizations. She plans to attend the CSAC Board of Directors meeting on Wednesday in Sacramento and the Rail Committee meeting in Fresno. She advised of the upcoming Soroptimist Gold Rush dinner. She advised that there is a YARTS meeting on April 7th in Merced. Chair Turpin noted that no action could be taken relative to the Public Presentation input on the draft Catheys Valley Plan because this matter was not on the agenda; but there will be an opportunity to provide further input as this Plan progresses. Supervisor Pickard advised of his attendance at the “Day at the Capitol” on Wednesday. He advised that the oversight committee that was created to seek SB1740, noxious weed funding, met on Thursday with the California Food and Agriculture relative to the disbursement formula for the funds. He plans to attend the RCRC meeting in Sacramento on Wednesday; and he provided a status report on the gas tax amendment in the State budget. He plans to attend the ESJPA meeting in Sacramento on Thursday. Supervisor Aborn advised that the San Joaquin Valley Rail Committee meeting is scheduled for March 27th in Fresno; and he commented on rail issues. He attended the FFA Donkey basketball game on Friday at the High School. Supervisor Bibby advised that she received numerous letters relative to the Sierra National Forest and the off road vehicle routes and that Supervisor Fritz is bringing an item to the Board on March 25th. She stated it would be beneficial to get input on specific trails and routes. She commented on the closing of a gas station in Catheys Valley and of the impacts of increased costs in operating a business. ---PAGE BREAK--- 3 3-18-08 She noted that the General Plan Annual Report is scheduled for April 1st; and she noted that each committee meeting is taped and minutes are kept; and she noted that it is important for citizens to participate in these issues. Supervisor Turpin advised that he attended the Merced River Alliance dinner on Tuesday; the Don Pedro Trails meeting on Wednesday; he held a District II meeting in Don Pedro on Thursday; and the Area 12 Agency on Aging meeting in Greeley Hill on Monday. He plans to attend the Red Cloud Library meeting on Wednesday. He plans to meet with Stanislaus National Forest District Ranger Dowle on Friday. He advised that there will be a meeting with BLM and Stanislaus National Forest relative to the off road vehicle routes on Tuesday. The Local Transportation Commission convened at 10:12 a.m. to open the public hearing relative to the Federal Transit Administration (FTA) Section 5311 Program (Operating Assistance) funds and continued the hearing until after the following items. Brian Muller, Sheriff; Authorize the Sheriff to Sign an Agreement with the United Stated Drug Enforcement Administration for Reimbursement for Marijuana/Drug Investigations BOARD ACTION: Sheriff Muller provided input on the agreement. Undersheriff Doug Binnewies provided input relative the illegal drug investigation and enforcement costs and relative to conflicts with the Marijuana Compassionate Act. Discussion was held. Input from the public was provided by the following: Bob Linneman asked whether there has ever been an effort to bring a medical marijuana dispensary to the County; and whether the Undersheriff could further clarify the “trickle down” that was referred to with the indoor marijuana gardens. (M)Fritz, (S)Aborn, Re. 08-101 was adopted approving the agreement/Ayes: Unanimous. 10:48 a.m. Recess 11:01 a.m. Dr. Mosher, Health Officer; Planned Public Health Emergency Exercise Using a Scenario of Pandemic Influenza on May 19, 2008 thru May 22, 2008 BOARD ACTION: Dr. Mosher presented information on the exercise they are planning; and he advised that Dana Tafoya/Health Department Emergency Medical Services Coordinator and Nanette Wardle/representing John C. Fremont Hospital are instrumental in planning this. They will involve the Fire Chief, Chair of the Board, the County Administrative Officer, and other agencies. Discussion was held. Input from the public was provided by the following: Eleanor Keuning asked whether the Red Cross would be included. MaryAnn Huff, resident of North County, referred to the “Public Safety Day” event she attended in the Silicon Valley, and she suggested that the North County Clinic be incorporated in this drill. Dr. Mosher responded to the input that was provided and further discussion was held. No action was necessary. John Davis, Building Director; Adopt a Resolution Stating the Need for and the Location of a Handicap Parking Stall Between 5105 and 5109 Along State Highway 140 (Building Director) BOARD ACTION: Discussion was held with John Davis relative to the request to meet CalTrans’ requirements for Sal’s Restaurant and other businesses in the area. (M)Aborn, (S)Fritz, Res. 08-102 was adopted as recommended/Ayes: Unanimous. 11:21 a.m. LOCAL TRANSPORTATION COMMISSION (Chair – Commissioner Lyle Turpin, Vice-Chair – Commissioner Dianne Fritz) A) Public Presentation – none. ---PAGE BREAK--- 4 3-18-08 B) PUBLIC HEARING to Recommend the Adoption of a Resolution Authorizing the Executive Director to Execute the Application and Other Necessary Documents Pertaining to Federal Transit Administration (FTA) Section 5311 Program (Operating Assistance) Funds for Fiscal Year 2007-2008 (Dana Hertfelder, Public Works Director) COMMISSION ACTION: Dana Hertfelder provided the staff report. The public portion of the hearing was opened and there was no input. The public portion of the hearing was closed and the Commission commenced with deliberations. Staff responded to a question from the Commission relative to the purchase of a van versus a bus. (M)Pickard, (S)Aborn, LTC Res. 08-6 was adopted approving the recommended action/Ayes: Unanimous. The hearing was closed. 11:26 a.m. The Board of Supervisors reconvened. Thomas P. Guarino, County Counsel, reported that, under Board Information, the California Supreme Court declined to hear Mr. Bird’s appeal in his case against the County. The County prevailed in this case and will pursue recovery of costs. He also reported that he received additional notice that Hazel Green is now seeking to bring Tuolumne County into the lawsuit. Richard J. Benson, County Administrative Officer/Personnel/Risk Manager; Adopt a Resolution Approving an Application to the Local Agency Formation Commission (LAFCO) for the Proposed Formation of County Service Area 3 for County Fire Protection BOARD ACTION: Discussion was held with Rick Benson relative to the request. Supervisor Bibby questioned whether the boundary description reflects the recent change with Tuolumne County for the South Shore project. Supervisor Pickard asked for clarification that there is no conflict with the Board taking action on this as three members of the Board serve on LAFCo; and County Counsel advised that there is no conflict. Supervisor Pickard asked whether LAFCo could meet to consider this before its next regularly scheduled meeting. Supervisor Turpin asked that the assessment line issues between Mariposa and Tuolumne County be reviewed with this. Rick Benson advised that he will follow-up on the issues that were raised. Input from the public was provided by the following: Paul Chapman stated he does not feel the legal description for the County’s boundary is correct. (M)Pickard, (S)Fritz, Res. 08-103 was adopted approving the application, with direction to the County Administrative Officer to try to expedite the meeting with LAFCo. The motion was amended, agreeable with the maker and second, to include direction for the County Administrative Officer to make any corrections to the description of the boundary of the service area that are needed to address the issues that were raised/Ayes: Unanimous. 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 there is no new information on the status of the landslides. He advised that CalTrans is planning to come to the Board on April 22nd at 10:00 a.m. to report on their efforts and what is happening with the permanent fix as well as any possible changes to the temporary bridges. He recommended that the local emergency be continued. Discussion was held. Supervisor Fritz advised of a call she received from Carrie Guarino relative to a presentation and display by the students of Mariposa Elementary School on the slide. Input from the public was provided by the following: MaryAnn Huff noted that on a recent trip to China, they were informed that the design for an elaborate bridge in Shanghai came from an eleven year old. (M)Fritz, (S)Aborn, Res. 08-104 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. ---PAGE BREAK--- 5 3-18-08 Chair Turpin advised that a request was received to continue the public hearing scheduled for 2:00 p.m. this date to consider Appeal No. 207-195, an appeal of the Planning Director’s November 28, 2007 Notice of Violation regarding a sign located at 9751 Merced Falls Road, APN 001-230-012; Appellant: Bob Kent, Lake Don Pedro Community Services District (Continued from March 11, 2008) BOARD ACTION: County Counsel provided input relative to continuing the hearing. (M)Aborn, (S)Pickard, the hearing was continued to April 15, 2008, at 10:00 a.m./Ayes: Unanimous. Authorize the Board of Supervisors Chair to Sign a Letter to the Sierra Nevada Conservancy Supporting the Yosemite Association (Chair Turpin) BOARD ACTION: Supervisor Turpin initiated discussion. Input from the public was provided by the following: Paul Chapman questioned why the Board’s support is being requested for this. He advised that at the Sierra Nevada Conservancy meeting he attended, they said they had a letter of support from the Board and he does not remember the Board taking action on this. (M)Pickard, (S)Aborn, Res. 08-105 was adopted approving the letter. The motion was amended, agreeable with the maker and second, to include direction to attach the sheet on the Outdoor Classroom Information to the letter/Ayes: Unanimous. 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 October, November, December 2007 and January, February, March of 2008 (County Administrative Officer/Personnel/Risk Manager) 11:56 a.m. CLOSED SESSION: Conference with Legal Counsel: Existing Litigation: California Government Code Section 54956.9 Name of Claimant or Case Number and Name of Adverse Parties: Hazel Green Ranch, LLC v. United States Department of the Interior, et al., Case No. 1:07-CV- 00414-OWW-SMS (County Counsel) BOARD ACTION: (M)Pickard, (S)Aborn, the closed session was held/Ayes: Unanimous. 12:48 p.m. Chair Turpin announced that direction was given to County Counsel and that action was taken to approve a statement from the Board of Supervisors on the Hazel Green matter, and that it will be posted on the Board’s website. The Clerk of the Board advised that the vote for approving the statement was four ayes, with Supervisor Bibby voting no. CONSENT AGENDA CA-1 Authorize the Fire Chief to Submit Four Grant Applications for the FEMA Assistance to Firefighters Grants (AFG) Program. The Grants will Require a 5% Cost Share and Expenditures Proposed in the Fiscal Year 2008-2009 Budget Would Meet the Match Requirements (Fire Chief); Res. 08-94, with the change in the application CA-2 Approve Budget Action Increasing Revenue and Appropriations in the Fire Budget for Unanticipated Revenue Reimbursement from the National Emergency Training Center for Training Expenses ($3,400) (4/5ths Vote Required) (Fire Chief); Res. 08-95 CA-3 Approve an Amendment to Agreement with Area 12 Agency on Aging for C-1, Congregate Restaurant Meals Services Decreasing the Maximum Amount of Funding to $7,945 for Fiscal Year 2007-2008 and Authorize the Board of Supervisors Chair to Sign the Amendment (Community Services Director); Res. 08-96 CA-4 Approve an Amendment to Agreement with Area 12 Agency on Aging for C-2, Home Delivered Meals Services, Increasing the Maximum Amount of Funding to $10,828 for ---PAGE BREAK--- 6 3-18-08 Fiscal Year 2007-2008 and Authorize the Board of Supervisors Chair to Sign the Amendment (Community Services Director); Res. 08-97 CA-5 Approve a Formal Service Agreement with Chevon Kothari to Provide Grant Research, Development and Application Services and Authorize the Board of Supervisors Chair to Sign the Agreement and Approve Budget Action Transfers Between Funds to Fund the Agreement ($6,000) (4/5ths Vote Required) (Human Services Director); Res. 08-98 CA-6 Authorize Fleet Services to Replace Vehicle Number SO-221, SO-703 and SO-707 Prior to the End of their Useful Life Due to the Need for Major Repairs to all of these Vehicles, and to Dispose of these Vehicles in Accordance with the County’s Contract with Roger Ernst & Associates (Public Works Director); Res. 08-99 CA-7 Approve Budget Action Transferring Funding within the Library Budget to Allow for Additional Extra Help Hours and Funding for the Out-of-class Pay for the Interim County Librarian (Librarian); Res. 08-100 12:49 p.m. (M)Bibby, (S)Aborn, the Board adjourned/Ayes: Aborn, Turpin, Bibby; Excused: Fritz, Pickard. Respectfully submitted, MARGIE WILLIAMS, Clerk of the Board LYLE TURPIN, Chair, Board of Supervisors