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Time Description 9:11 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Introductions Lee Stetson, Chair; Proclaim the Week of October 1 through 7, 2006 as “National 4-H Week” and Presentation on the 4-H Program BOARD ACTION: (M)Bibby, (S)Pickard, the Proclamation was approved/Ayes: Unanimous. Supervisor Bibby presented the Proclamation to Karen Robb, Farm Advisor, and Donna Wice, 4-H Coordinator. Donna Wice introduced the following 4-H leaders that were present: Tina Burch, Becky Crafts, and Carol Suggs; and she thanked Supervisor Pickard and Ruth Catalan for helping with the record book judging. Karen Robb and Donna Wice thanked the Board for its on-going support. Dianne Fritz, Supervisor District IV Proclaim the Month of October, 2006 as “Domestic Violence Awareness Month” BOARD ACTION: (M)Fritz, (S)Bibby, the Proclamation was approved/Ayes: Unanimous. Supervisor Fritz presented the Proclamation to Chevon Kothari, Executive Director of Mountain Crisis Services. Chevon Kothari thanked the community and service groups for their support of the new safe- house; and she invited everyone to attend the Chamber of Commerce mixer on October 24th at Alpine Builders to dedicate the new safe-house. Public Presentation: For Non-Timed Agenda Items including Attention, Information, and Consent Agenda, and for Items Not on the Agenda Dick Hutchinson presented posters that were done by the school children to celebrate the 200-year anniversary of the naming of Mariposa, and he asked the Board members to display them. He advised of the activities held on September 17th in Fresno for their Sesquicentennial Celebration; and Charles Phillips shared photographs of the celebration. Ken Gosting, TIE (Transportation Involves Everyone), presented a copy of the news memo from the Mariposa County Butterfly Bicentennial Coalition which advised of their activities in Fresno and Mariposa. He acknowledged the Board for being aware of the proper procedures on September 26th with respect to the Open Meeting Laws and for not taking action to approve a resolution for Fresno since it was not on the agenda. He also presented a copy of the letter of October 2nd that TIE submitted to YARTS concerning various issues. He presented a copy of the letter of October 2nd from Tuolumne County Visitors Bureau Board of Directors questioning the presence of the Amtrak buses in Tuolumne County to provide service into Yosemite due to the rock slide on Highway 140; and he suggested that Mariposa County take action on this matter. Supervisor Pickard offered his assistance to work with the Chair to prepare an agenda item for the next meeting for the Board to consider the Amtrak/YARTS bus service issues. Supervisor Turpin noted that he has observed VIA buses going through Coulterville and is pleased with having that bus service. Paul Chapman referred to Consent Agenda item 2, and questioned why the Sheriff is not included in the designation for OES for the rock slide. He further stated that he feels that Mariposa County is the only County where the Sheriff is not the Office of Emergency Services. MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA October 3, 2006 ---PAGE BREAK--- 2 10-3-06 Eleanor Keuning referred to her previous public presentations to the Board and questioned the status of CERT (Community Emergency Response Team) for the County. Thomas P. Guarino, County Counsel, advised that the County does have in place an organization to deal with emergency services and that the Sheriff is designated as one of the officials, and the Chair of the Board serves as an official. He advised that Consent Agenda item 2 is simply for purposes of signing the necessary filing to get reimbursement and access to funding and the Public Works Director and the Fire Chief were involved in this particular case. Kris Schenk, Planning Director, provided an update on the availability of the General Plan Update documents and requests received from the public for an extension of the workshop scheduled for October 11th. Discussion was held. Thomas P. Guarino, County Counsel, recommended that the Board not take action this date to continue the workshop, but that Planning could put an item on the next agenda for the Board to consider this matter. Eleanor Keuning requested that more information be available relative to the recycling program, and she suggested that refrigerator magnets that contain the information be considered. Supervisor Pickard noted that there was a booth at the County Fair with informational brochures, and that information is available at the recycling center at the landfill. Ruth Sellers advised that she received an email from Knute Kirkeberg relative to the plasma gasification plant and a recent article in the LA Times concerning problems the Los Angeles Public Works Department is experiencing with recent emissions legislation for their facilities; and advising that his offer to build a plasma gasification plant is still open to anyone in the state that is interested. Board Information Supervisor Fritz advised that she attended the Fresno Sesquicentennial event on Wednesday, and she feels that we should be more aware and participatory in the events with the counties that broke off from Mariposa County. She advised that she plans to attend a Juvenile Justice Committee meeting on Wednesday; the Home and Garden Show is scheduled for Saturday; she has a District IV meeting scheduled for October 10th in the Government Center; and she attended Connie Stetson’s closing performance last week and it contained great history. Supervisor Bibby advised that she plans to attend a Mental Health Board meeting at noon this date; on Thursday, she plans to attend the pandemic influenza table top drill; to attend the First 5 meeting on Monday; and to attend the Contractors’ Fair and Fly-in on Saturday. Supervisor Turpin noted that he passed three loads of Sugar Pine logs on his way to Mariposa this morning. He advised that he attended a meeting in Coulterville on Thursday with Leroy Radanovich relative to business development. On Wednesday, he plans to attend the Forest Service meeting relative to the OHV trails; and in the evening the North County History Center Board of Directors meeting; and on Thursday, he plans to attend the Health Department pandemic influenza drill. Dana Hertfelder, Public Works Director; Authorize a Resolution Setting a Time, Date and Place of Hearing on the Proposal to Amend the Common Boundary Line between Mariposa County and Tuolumne County Situated in Portions of Sections 11, 12, 13 and 14, Township 3 South, Range 14 East, Mount Diablo Base & Meridian, Mariposa County, State of California BOARD ACTION: Discussion was held with Dana Hertfelder relative to this matter. Supervisor Bibby clarified that the costs will be covered by the applicant. Thomas P. Guarino, County Counsel, advised that Tuolumne County Counsel requested this process as he did not agree with the first process that was used for this matter; and he feels that this will resolve any issues. It was noted that the map for the project cannot be recorded until the boundary line issue is resolved. (M)Turpin, (S)Pickard, Res. 06-459 was adopted setting the hearing for November 14th at 10:00 a.m./Ayes: Unanimous. Approval of Consent Agenda (See End of Minutes) BOARD ACTION: Chairman Stetson noted the addendum to the agenda which added Consent Agenda item 2. (M)Pickard, (S)Fritz, items 1 and 2 were approved/Ayes: Unanimous. 10:09 a.m. Recess ---PAGE BREAK--- 3 10-3-06 10:25 a.m. Chair Stetson, Interim County Administrative Officer; Update on Status of Impact Fee Study and Discussion and Direction to Daniel C. Smith and Associates Regarding Staffing Projections for the Impact Fee Study BOARD ACTION: Daniel Smith provided input on the status of their work and their review of materials for preparation of a Capital Improvements Program and Impact Fee Ordinance. Discussion was held. Daniel Smith asked for guidance from the Board in terms of the population number to be used as a benchmark and in terms of staffing projections that they have been provided so that they can go forward with projected space needs and capital improvement requirements and locations. Supervisor Turpin noted that some of the staffing needs will change with mandated requirements; and he asked whether the contracted ambulance service was reviewed. Daniel Smith noted they will need to review the ambulance service issue. Kris Schenk, Planning Director, responded to questions from the Board relative to the difference in the projected population figures for the General Plan Update and the Department of Finance. Supervisor Stetson asked about the evaluation of the facilities, and he was advised that there was a minimum level of evaluation by walk-through and the next report will include that information. The Board concurred with using the projected 25,000 population figure. Input from the public was provided by the following: Dick Hutchinson referred to Table 7 – list of County-owned facilities, and he stated he thought the Mineral Exhibit was owned by the State. He also stated he felt the Mariposa Museum and History Center should be added to the list, and the Board concurred. Paul Chapman stated the Tourism building is owned by the VFW; and he questioned how the Mariposa Museum and History Center is owned by the County as he thought it was built with donations. Daniel Smith advised that he needs any corrections to the information provided within a week or so. Supervisor Pickard noted that the land the County purchased for the recreational sports complex needs to be added to the list. Mary Hodson, Deputy County Administrative Officer, will work with the departments for any changes that need to be made to the information that was provided. 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: Chairman Stetson advised that there is a continued effort to get the team together to address the long-term solution to restoring full access to Highway 140; and the team will include a County representative. Blaine Shultz, Fire Chief, responded to a question from the Board relative to the status of the appeal to FEMA, and he advised that the appeal was denied on September 7th. However, the County did not receive any information until September 20th. The State has asked for a damage assessment and that was completed and resubmitted to the State on Friday. Blaine Shultz provided input on the difference between having a State and a Federal declaration for the disaster – the State provides for 75% reimbursement; and the Federal declaration provides for 75% from Federal funds and the State picks up 75% of the remaining 25%. He also noted that Priest-Coulterville Road is included in this damage assessment. Discussion was held relative to the status of legislation that may provide 100% reimbursement. Blaine Shultz noted that it is important to continue the local emergency because the disaster is on-going. Supervisor Turpin thanked all staff that has been involved in this matter. (M)Turpin, (S)Bibby, Res. 06-462 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. Approval of Minutes of September 12, 2006, Regular Meeting (Clerk of the Board) BOARD ACTION: (M)Pickard, (S)Bibby, the minutes were approved/Ayes: Unanimous. 11:40 a.m. Recess 11:45 a.m. Select the California State Association of Counties (CSAC) Director and Alternate(s) for 2007 (Supervisor Fritz) ---PAGE BREAK--- 4 10-3-06 BOARD ACTION: (M)Pickard, (S)Turpin, Supervisor Fritz was selected to represent the County as a Director to CSAC, with the remaining Board members as alternates/Ayes: Unanimous. Adopt a Resolution Authorizing the County Counsel’s Office to Destroy Certain Records and Documents (County Counsel) BOARD ACTION: Discussion was held with Thomas P. Guarino, County Counsel. Supervisor Pickard asked about the documents in the file for Yosemite National Park. Supervisor Turpin asked about the documents in the Special Districts file. County Counsel advised that he would review the documents in these files with Supervisors Pickard and Turpin and if they feel that any of the documents need to be retained, he will do so. (M)Pickard, (S)Turpin, Res. 06-463 was adopted authorizing the destruction of the records, with further review of the two files as noted/Ayes: Unanimous. Approve Letter of Support for Proposition 1A, Transportation Funding Protection, for the November 2006 Ballot (Supervisor Pickard); and Approve Letter of Support for Proposition 1B, Highway Safety, Traffic Reduction, Air Quality and Port Security Bond Act of 2006 (Supervisor Pickard) BOARD ACTION: (M)Pickard, (S)Fritz, Res. 06-464 was adopted approving the letter for Proposition 1A; and Res. 06-465 was adopted approving the letter for Proposition 1B/Ayes: Unanimous. 11:55 a.m. CLOSED SESSION: Conference with County Labor Negotiator: Name of Employee Organization: SEIU (Services Employees International Union); Name of County Designated Representative: Rick Bolanos (Interim Budget/Personnel Manager); CLOSED SESSION: Conference with County Labor Negotiator: Name of Employee Organization: MCMCO (Mariposa County Managerial/Confidential Organization); Name of County Designated Representative: Rick Bolanos (Interim Budget/Personnel Manager); CLOSED SESSION: Conference with Real Property Negotiator; Description of Real Property: Property Located at 11th & Bullion; Agency Negotiator: Thomas P. Guarino; Closed Session will Concern Price and Terms of Purchase (County Counsel); and CLOSED SESSION: Conference with Legal Counsel: Existing Litigation: California Government Code Section 94956.9(a); Name of Claimant or Case Number and Name of Adverse parties: County of Mariposa v. Wayne Case. No. 8890 (County Counsel) BOARD ACTION: (M)Bibby, (S)Turpin, the closed sessions are to be held at 2:00 p.m. with Rick Bolanos/labor negotiator, Mike Coffield/Interim Budget/Personnel Manager, and Sandi Laird/Administration-Administrative Analyst, to be present for a portion of the sessions/Ayes: Unanimous. 11:56 a.m. Lunch 2:12 p.m. The Board convened in closed session. 4:18 p.m. Chairman Stetson announced that direction was given to staff as a result of the closed session matters. CONSENT AGENDA: CA-1 Approve Agreement with Sunset Magazine/California Travel and Tourism Publication and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Interim County Administrative Officer); Res. 06-460 ---PAGE BREAK--- 5 10-3-06 CA-2 Add Dana Hertfelder, Public Works Director and Blaine Shultz, Fire Chief to Office of Emergency Services (OES) Designation of Applicant’s Agent Resolution; Res. 06-461 4:19 p.m. Adjournment in memory of Steven Wayne Simms and Velma Lillian Roush. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board