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Time Description 9:03 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Introductions Presentation of Las Mariposas Map to the Presiding Mariposa County Superior Court Judge Parrish BOARD ACTION: Chairman Stetson advised that this matter will be rescheduled, at Judge Parrish’s request. John Davis, Building Director; Public Hearing to Approve an Increase in the Grading Permit Fee to Offset the Cost of Providing this Service to the Community. Approve an Increase in the Fine for Grading Without a Permit NOTE: THIS ITEM IS CONTINUED TO FEBRUARY 7th, 2006 at 2:00 p.m. BOARD ACTION: Chairman Stetson advised that this hearing which was scheduled for 2:00 p.m. this date has been continued to February 7, 2006, at 2:00 p.m. Lee Stetson, Board of Supervisors, Chairman; Adopt a Resolution and Approve a Tile Plaque Recognizing Susan Davis Upon her Retirement from Mariposa County Sheriff’s Department BOARD ACTION: (M)Pickard, (S)Bibby, Res. 06-28 was adopted and presented to Susan Davis, along with the tile plaque/Ayes: Unanimous. Jim Allen, Sheriff, presented Susan with her retirement badge and with a plaque from the Sheriff’s Department and the Union. Public Presentation: For Non-Timed Agenda Items including Attention, Information, and consent Agenda, and for Items Not on the Agenda - Edward Mee, Wawona resident, commended Supervisor Pickard and County staff for assistance the Wawona area received as a result of the recent fourteen inches of rain and flooding; and for assistance with issues with snow plowing and trash. Supervisor Stetson noted that the response to Foresta was excellent as a result of the recent storm. Supervisor Pickard commented on the difficulty of providing services to Wawona due to the distance from the County yard. - Eleanor Keuning presented the information that she received from Amador County that is used in their tourist promotion. She referenced a recent Kiwanis meeting where Marilyn Lidyoff spoke about the Mariposa Creek Parkway project; and she expressed concern with parking issues. - Scott Fornaciari, landscape architect, expressed concern with the status of renovation/maintenance of the Darrah Schoolhouse; and he pointed out specific issues, including some that he feels create a safety hazard. He noted that his wife is a part of the Kiwanis Club and that they made improvements to the facility. He also advised of vandalism that occurred to the playground equipment, and of the need for the facility to be completed for the pre-school to use it. Chair Stetson advised that he will ask staff to look into this matter. - Chair Stetson commended the Sheriff’s Department and Merced County law enforcement for their response to the incident in Midpines over the weekend. MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA January 24, 2006 ---PAGE BREAK--- 2 1-24-06 Board Information Supervisor Fritz reported that the annual Chili Cook-Off event that was held on Saturday was a success; and she advised of the awards. She advised that they will try to get other departments involved in the event next year, and that the proceeds were donated to the Mtn. Crisis Services. She noted that the Chamber of Commerce is holding its Business After Hours this evening at the Sixth Street Cinema. The Chamber will hold a lunch on Thursday at the Happy Burger Diner; and their installation of officer and business recognition dinner is scheduled for January 28th. She also stated that her thoughts go out to the Kuhnel family with their recent tragedy. Supervisor Turpin advised that he attended the Stockton Ag Show on Friday; and he commented on the products made from recycled materials in efforts to reach zero waste for the State that were exhibited. Supervisor Bibby provided a reminder that if anyone is experiencing difficulty with the TDS telephone system, that they send a letter to the Board or to Technical Services. She clarified that consideration of a conditional use permit for the Williamson Act is just a proposal, and she asked that the citizens provide input on this matter. Supervisor Pickard commented on the bond being proposed by the Governor for infrastructure for roads, and he advised that it does not include funding for roads in Mariposa County or other rural counties. He suggested that the County work with CSAC and RCRC to include projects such as the bridge at the Old Highway. He also advised that he is working on reauthorization of AB473 for funding for the three counties that do not have incorporated cities, for the gas tax and the Vehicle License Fee funding. Supervisor Stetson advised that there will be a community meeting in Midpines on February 16, 2006. Rich Inman, County Administrative Officer; Presentation and Discussion by Daniel Smith of Daniel C. Smith and Associates Concerning Development of Capital Improvement Program and Impact Fee Ordinance BOARD ACTION: Rich Inman introduced Dan Smith of Daniel C. Smith and Associates, and Victor Irzyk with Goodwin Consulting Group. Dan Smith provided background information on the company, and he advised that they are a facility planning firm. They work to develop a long-term needs assessment of what is needed for infrastructure and facilities. Victor Irzyk provided information on his company, and he advised that they are a public financing consultant firm. The two companies proposed to work together on this project. Dan reviewed their proposed process for this project. Discussion was held, and it was noted that this is a way to try to meet the needs of the growth that is occurring in the County. Supervisor Pickard stated he would like to see input from the building industry. Chairman Stetson called for input from the public, and none was received. Discussion was held relative to the timeframes for scheduling the presentation by the other firm, and Rich Inman advised that they are trying for mid-February. 9:59 a.m. MARIPOSA PARKING DISTRICT Thomas P. Guarino, County Counsel; Discussion, Direction, and Action Regarding Retention of Best, Best, and Krieger to Represent the Parking District in the Proposition 218 Process; and Authorize a Loan of $50,000 for the Proposition 218 Process to be Repaid with Interest as Determined by the Auditor, Based on the Rate the County receives on Investments DISTRICT ACTION: Tom Guarino initiated discussion; and he clarified the engineering services and cost. Supervisor Bibby noted that information is being reviewed relative to the walkway issue. Supervisor Pickard asked who would be monitoring the progress of this work. Rich Inman, County Administrative Officer, advised that County Counsel would watch for adherence to the contract; and that he and the Board, with involvement of Public Works, would monitor the progress. Chairman Stetson called for input from the public, and none was received. Tom Guarino recommended that the Board take separate actions to authorize the retention of counsel and to authorize the loan. (M)Pickard, (S)Bibby, Res. 06-29 and Mariposa Parking District Res. 06-1 were adopted approving and authorizing ---PAGE BREAK--- 3 1-24-06 the Chairman to sign the Professional Service Agreement with Best Best and Krieger as recommended/Ayes: Unanimous. (M)Bibby, (S)Pickard, a loan of $50,000 was authorized from General Fund Contingency for the Proposition 218 process/Ayes: Unanimous. Approval of Consent Agenda (See End of Minutes) BOARD ACTION: (M)Turpin, (S)Fritz, all items were approved/Ayes: Unanimous. Approval of Minutes of December 13, 2005, Regular Meeting (Clerk of the Board) BOARD ACTION: (M)Bibby, (S)Fritz, the minutes were approved with a typographical correction/Ayes: Unanimous. 10:10 a.m. Recess 10:34 a.m. Kris Schenk, Planning Director; PUBLIC HEARING – Resolution Adopting a Mitigated Negative Declaration and Approve General Plan Zoning Amendment No. 2005-101 together with Land Division No. 2005-102; Waive First Reading and Introduce Ordinance Approving Amendment to Mariposa County Land Use and Zoning Map Pursuant to General Plan Zoning Amendment No. 2005-101; Mariposa County Unified School District, Applicant. Project Site is Located at 4166 Lakeview Drive in the Bridgeport area between Lakeview Drive and Yaqui Gulch Road, APN 017-540-010 BOARD ACTION: Megan Tennermann, Associate Planner, presented the staff report. Staff responded to questions from the Board as to whether a lease agreement exists. Supervisor Bibby clarified that the County Administrative Officer and County departments have been working with the School District to explore options to transfer the property other than a lease agreement, and that the School District has their legal counsel exploring this matter. She suggested that the private road association be included in the findings. Staff responded to questions from the Board as to whether the County is involved in any other private road maintenance association; relative to the process of approving the land division before an agreement is in place; and whether any objections have been received from the School District. Planning indicated that no objections have been received to date. The public portion of the hearing was opened and input was provided by the following: Laurel Siebecker stated she has lived next door to the property since 1996. She has no objections to having a fire station there, but she would like to know what the School District is planning to do with the remaining portion of the parcel. She also feels that it would be better to have access directly to Yaqui Gulch Road. She stated she hates to see small parcels due to potential problems with having individual wells and septic systems. She noted that her husband is a volunteer firefighter, and she commented on the fire activity in the area and of the importance of having a station in Bridgeport. Megan Tennermann responded to Mrs. Siebecker’s questions and concerns. She advised that staff shares the concern relative to the parcel size and they asked Public Works to prepare a site development plan for the project to make sure that the facility could be developed on the parcel; and she noted that the plan is included in the staff report. Staff is not aware of any plans for development of the remaining portion of the parcel, but it is currently zoned Mountain Home. Rich Inman, County Administrative Officer, noted that staff met with the School District staff relative to the Yaqui Gulch access issue, acquiring additional land, and there was no support from the School staff for this. Laurel Siebecker asked if there is any possibility of obtaining an easement on the North side of the parcel that would connect to Yaqui Gulch. Megan Tennermann advised that could be a possibility. The public portion of the hearing was closed and the Board commenced with deliberations. Supervisor Pickard suggested that direction be given to staff, the negotiator and District III Supervisor to work more closely with the School District to develop a use agreement or option that would allow the County to use the site for a fire station, with access to be off of Yaqui Gulch Road. He initiated discussion relative to impacting a private road; having clear title to the parcel before proceeding with the zoning amendment; and the possibility of looking for an alternative site. Supervisor Bibby commented on the history of this matter and the previous actions by the Board, including a lease agreement previously voted on and approved by the Board that was forwarded to the School District some time ago, and she suggested that this matter be continued for additional information to be brought ---PAGE BREAK--- 4 1-24-06 to the Board and for clarification as to the transfer of the property. Staff responded to questions from the Board relative to the County’s responsibility to participate in the Lake View Drive road maintenance association; and relative to road improvement requirements. Blaine Shultz, Fire Chief, provided information on the history of this project, which he stated goes back sixteen years, and how the parcel was selected. He advised that the drainage on the parcel created a natural split and that costs to construct a bridge to span the drainage would be too high. He also commented on issues relative to moving the well to the East side of the drainage. He stated the access issue is in the hands of Public Works. He also commented on the problems the homeowners are experiencing with the ISO ratings in the area for insurance. Discussion was continued for the LAFCo meeting to be continued. 11:00 a.m. Chairman Stetson advised that the LAFCo meeting would be held after the public hearing is finished for General Plan Zoning Amendment No. 2005-101 and Land Division Application No. 2005-102. The Board continued with deliberations for General Plan Zoning Amendment No. 2005-101 and Land Division Application No. 2005-102. Staff responded to questions from the Board relative to traffic circulation in the area; and estimates for improving the road and constructing a bridge. Dana Hertfelder, Public Works Director, responded to questions from the Board relative to the private road maintenance association and relative to being able to place the fire station facility on the proposed site. Supervisor Pickard asked that staff include the previous history for a project in future staff reports. Staff responded to questions from the Board relative to the distance from the proposed encroachment to Yaqui Gulch Road; relative to determining the level of road improvements that would be required and the cost estimates; cost estimates for participating in the private road association; and whether a bridge would be required to cross the drainage if access was from Yaqui Gulch and not from Lake View Drive. Further discussion was held relative to continuing the hearing. Megan Tennermann advised that staff would need about six weeks to obtain the additional information on the issues that have been discussed. (M)Bibby, (S)Fritz, the hearing was continued to March 7, 2006, at 10:30 a.m. for staff to bring back additional information on the issues that were raised. Separate from the motion, Supervisor Pickard asked that direction be given to staff to explore whether this is the best site and to bring back a lease agreement or donation of the parcel before the Board approves the zoning change. Ayes: Unanimous. Megan Tennermann reviewed the list of issues that staff will research. Further discussion was held. (M)Pickard, (S)Turpin, direction was given to staff to bring back an agreement for consideration for a future site for the Bridgeport Fire Station. Supervisor Bibby excused herself from participation in this discussion (second motion) at 11:31 a.m., as the lease agreement was not listed as a part of the public hearing agenda item before the Board and that a separate Board item could be prepared later if the Board wanted, versus taking a secondary action that was not included in the notice of public hearing or agenda package. Tom Guarino advised that there is no lease agreement for the Board to take action on today, that the action is to provide direction to staff to bring back something for consideration, and he feels that this is permissible. Ayes: Stetson, Turpin, Fritz, Pickard; Excused: Bibby. The hearing was continued as previously acted on. 11:33 a.m. Recess 11:39 a.m. Kris Schenk, Planning Director; LOCAL AGENCY FORMATION COMMISSION (LAFCo) Meeting (See Separate Minutes) Selection of Board Member Representation on Agencies (Clerk of the Board) BOARD ACTION: Discussion was held. Supervisor Stetson advised that Louis Boitano of Amador County has been appointed to represent the group of counties on the Sierra Nevada Conservancy Governing Board. Supervisor Pickard requested that Supervisor Stetson continue to represent Mariposa County on the Conservancy. Supervisor Bibby referred to the Board’s previous action to withdraw from the San Joaquin Valley-Wide Air Pollution Basin Study Agency; and she asked that the Health Officer follow-up with a letter on this action; and that he continue to stay apprised of the Agency’s activities. Supervisor Pickard suggested that Dr. Mosher continue to receive the agenda packages for ---PAGE BREAK--- 5 1-24-06 the Agency, or at least the agenda itself. Supervisor Bibby noted that packages are expensive to produce, and that the agenda is available on their website. (M)Bibby, (S)Fritz, direction was given to delete the San Joaquin Valley-Wide Air Pollution Basin Study Agency from the Agency representation list/Ayes: Unanimous. Supervisor Turpin asked about switching the representative and alternate on the Mountain Counties Water Resources Association; and the Board concurred with the change. No other changes were made. (M)Fritz, (S)Bibby, the Board approved the Board member representation on agencies, with the changes as discussed/Ayes: Unanimous. 12:22 p.m. MARIPOSA COUNTY WATER AGENCY (Chair – Director Bibby; Vice-Chair – Director Turpin) A) Public Presentations - none B) Selection of Chair and Vice-Chair (Clerk of the Board) AGENCY ACTION: (M)Stetson to select Director Bibby as Chair and Director Turpin as Vice-Chair, was withdrawn. Discussion was held. (M)Pickard, (S)Stetson, Director Turpin was selected as Chair, and Director Bibby was selected as Vice-Chair/Ayes: Unanimous. 12:25 p.m. LOCAL TRANSPORTATION COMMISSION (Chair – Commissioner Stetson; Vice Chair – Commissioner Fritz A) Public Presentations – none B) Selection of Chair and Vice-Chair (Clerk of the Board) COMMISSION ACTION: (M)Bibby, (S)Fritz, Commissioner Stetson was selected as Chair, and Commissioner Fritz was selected as Vice-Chair. Discussion was held. The motion was amended, agreeable with the maker and second, to select Commissioner Turpin as Chair, and Commissioner Fritz was selected as Vice-Chair/Ayes: Unanimous. 12:29 p.m. Discussion and Selection of a Representative from the Board to Serve as President of the San Joaquin Valley Regional Association of California Counties (SJVRACC) for 2006 (Supervisor Pickard) BOARD ACTION: Supervisor Pickard noted that Mariposa is the host County for the conferences this year for the Association; and that the spring conference is scheduled for April 19th at the Tenaya Lodge. (M)Pickard, (S)Bibby, Supervisor Fritz was selected to serve as President/Ayes: Unanimous. Supervisor Pickard initiated discussion relative to the presentation given earlier this date by Daniel C. Smith; and he stated he would like the Board to consider giving direction to staff to bring back an agreement to initiate this contract and process. Discussion was held relative to allowing the other company an opportunity to give a presentation to the Board before proceeding. It was agreed that the County Administrative Officer would try to get the other firm scheduled as soon as possible for a presentation; and that an agenda item would be scheduled following the presentation to provide direction for proceeding with this process. 12:36 p.m. CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: Mariposa County Managerial/Confidential Organization (MCMCO); Name of County Designated Representative: Rich Inman, County Administrative Officer (County Administrative Officer); and CLOSED SESSION: Conference with Legal Counsel; Initiating of Litigation for one Case Pursuant to Subdivision of Government Code Section 54956.9 (County Counsel) BOARD ACTION: (M)Bibby, (S)Pickard, the closed sessions were held/Ayes: Unanimous. 12:37 p.m. Supervisor Bibby excused herself from the following matters due to a potential conflict of interest as her spouse is employed by the Sheriff’s Department. ---PAGE BREAK--- 6 1-24-06 CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: Sheriffs’ Management Association (SMA); Name of County Designated Representative: Rich Inman, County Administrative Officer (County Administrative Officer) and CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: Deputy Sheriffs’ Association (DSA); Name of Designated Representative: Rich Inman, County Administrative Officer (County Administrative Officer) BOARD ACTION: (M)Fritz, (S)Pickard, the closed sessions were held/Ayes: Stetson, Turpin, Fritz, Pickard; Excused: Bibby. 1:11 p.m. Chairman Stetson announced that direction was given to staff as a result of the closed session items. CONSENT AGENDA: CA-1 Designate the Annual Hunters Valley Fire Auxiliary’s Rib Dinner as a County Sponsored Event at the Hornitos Park/Stagg Hall (Supervisor Turpin and Supervisor Bibby); Res. 06-30 CA-2 Adopt a Resolution Approving the Funding for Fiscal Year 2005-2006 for the Juvenile Probation and Camps Funding (JPCF) Program in the Amount of $22,394 (Chief Probation Officer); Res. 06-31 CA-3 Approve Agreement and Authorize the Board of Supervisors Chairman to Sign an Interim Rental Agreement with 35-A District Agricultural Association for Use of the Fairgrounds Facility for Calendar Year 2006 (Sheriff); Res. 06-32 CA-4 Approve Budget Action Transferring Funds within the Board of Supervisors Budget for the Replacement of Two Computers and for the Purchase of One New Computer and Cabling for Access to the County’s Intranet ($3,745) (County Administrative Officer); Res. 06-33 CA-5 Adopt a Resolution to Continue to allow the Behavioral Health Department Access to Fingerprinting Service from the Department of Justice and the F.B.I. (Human Services Director); Res. 06-34 CA-6 Approve Budget Action Transferring Funds within the Elections Budget for Final Classes in Election Administration ($460) (County Clerk); Res. 06-35 CA-7 Adopt a Resolution to Approve the Plans and Specifications and Authorize Public Works to Solicit Bids for the Don Pedro Wastewater Treatment Facility (Public Works Director); Res. 06-36 CA-8 Authorize the Board of Supervisors Chairman to Sign a Letter in Support of Great Valley Center’s Efforts to Bring High Speed Internet and Improved Telephone Service in Various Areas in the County (County Administrative Officer); Res. 06- 37 ---PAGE BREAK--- 7 1-24-06 1:12 p.m. Adjournment in memory of Beverly Joyce Dye, Ronald Dean and Anthony Earnest Kuhnel. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board