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Time Description 9:06 a.m. Meeting Called to Order at the Mariposa County Government Center Chair Bibby led in the Pledge of Allegiance and called for a moment of silence in memory of those who lost their lives in the 9-11 tragedy and for their families. Introductions Jim Wilson/Fire Chief, Jim Middleton/Deputy Fire Chief, Art Laursen/Division Chief, and Hal Nolan/Division Chief, performed the “bell” ceremony in memory of the 2,795 persons who lost their lives as a result of the 9-11-01 attacks. 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: Input from the public was provided by the following: Paul Chapman stated he felt the original agreement for the work in item 3 was with Connor Pacific and he asked if Golder Associates is the same company. Supervisor Bibby pulled item 3 for a text change and action later this date. (M)Fritz, (S)Turpin, the balance of the items was approved/Ayes: Unanimous. Chair Bibby; Proclaim the Week of September 17-23, 2007 as “Constitution Week” BOARD ACTION: (M)Aborn, (S)Fritz, the Proclamation was approved and Connie Waldron accepted it on behalf of the Merced River Chapter of the Daughters of the American Revolution/Ayes: Unanimous. Public Presentation: For Items within the Jurisdiction of the Board and not on Today’s Agenda. Lucille Apcar provided input on the Master Gardener program and questioned the request for a budget subsidy from the County as she feels this is a program funded by the University of California. Theresa Castaldi requested the Board’s assistance with Planning with her request to process building permits for cabins for the Coyote Springs Ranch and with the agri-tourism use determination. Supervisor Bibby advised of her meeting with Theresa Castaldi and of her request for the Planning Director to provide a status report. Board Information Supervisor Turpin advised that he plans to attend Coulterville Volunteer Fire Station’s candlelight watch ceremony; and he noted that with this being 9-11, we need to keep the young men and women that are serving our country in our prayers. He advised that his youngest son, Jason, is landing in Kuwait today as a part of his military service. MARIPOSA COUNTY BOARD OF SUPERVISORS SUMMARY OF PROCEEDINGS September 11, 2007 ---PAGE BREAK--- 2 9-11-07 Supervisor Bibby advised of a letter the Board received from the Mariposa County Farm Bureau dated August 28, 2007, thanking the Board for its support in maintaining the subvention for the Williamson Act contracts; and she thanked the Farm Bureau for their efforts and support. She noted that she recently received an inquiry relative to the extension of 2nd, 3rd and 4th Streets, and she advised that the work is being done under an applicant’s encroachment permit. She plans to attend the Mental Health Board meeting at noon today if the Board’s meeting schedule allows. She has been invited to be a judge for the “Blazin’ Hog” BBQ event. Karen Robb, Farm Advisor/4-H; Present 2006-2007 Mariposa County 4-H Youth Development Program Update- 4-H Program, Camp Tweety and Ag in the Classroom BOARD ACTION: Donna Wice/4-H Coordinator presented the report. No action was necessary. Consider Items Removed from the Consent Agenda Discussion was held with Dana Hertfelder relative to item 3, and he advised that the original contract was with Connor Pacific and they were purchased by Golder, and the same individual is working on this project. Supervisor Bibby advised of a text correction on the first page of the contract. (M)Fritz, (S)Pickard, item 3 was approved/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: Supervisor Bibby advised of her contact with CalTrans and the update of the notification list for meetings. Rick Benson advised that the Planning and Development Team for CalTrans continues to meet and is working on this project. Input from the public was provided by the following: Eleanor Keuning commented on travel habits that people form – the longer the traffic is restricted on Highway 140, the more likely it is that they will continue to use alternative routes in the future. Paul Chapman commented on a recent experience in Fresno with a businessman who asked if Highway 140 was open to traffic. Supervisor Turpin commented on the recent radio advertising he heard that was funded with a PG&E grant. (M)Aborn, (S)Fritz, Res. 07-438 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. Waive the Second Reading and Adopt an Ordinance Amending Zoning Ordinance Text. The Project Proposes to Amend the Mariposa Zoning Ordinance, Title 17, Regarding “Temporary Camping” for Projects Affecting all Town Planning Areas (TPA), Rural Residential (RR), Mountain Home (MH), Mountain Transition (MT), Mountain General (MG), General Forest (GF), Mountain Preserve (MP), and Agricultural Exclusive (AE) Zones. Mariposa County, Project Proponent (Planning Director) BOARD ACTION: Discussion was held with Kris Schenk, Planning Director, relative to the amendment and use of recreational vehicles for care takers of property, and as to whether this would apply if there is hook-up to a septic system. (M)Pickard, (S)Aborn, the second reading was waived and Ordinance No. 1038 was adopted. The Clerk of the Board read the title of the Ordinance into the record. Ayes: Aborn, Bibby, Fritz, Pickard; Noes: Turpin. Waive the Second Reading and Adopt an Ordinance Amending Section 13.08.010 and Creating Section 13.08.115 of the Mariposa County Code Clarifying that Recreational Vehicles are Prohibited from being used as Permanent Residence (County Counsel) BOARD ACTION: Following discussion, (M)Pickard, (S)Aborn, the second reading was waived and Ordinance No. 1039 was adopted. The Clerk of the Board read the title of the Ordinance into the record. Ayes: Unanimous. ---PAGE BREAK--- 3 9-11-07 Waive the Second Reading and Adopt an Ordinance Creating Section 15.1.070 of Chapter 15.10 of the Mariposa County Code Clarifying that Recreational Vehicles are Prohibited from being used as Permanent Residence (County Counsel) BOARD ACTION: Following discussion, (M)Pickard, (S)Aborn, the second reading was waived and Ordinance No. 1040 was adopted. The Clerk of the Board read the title of the Ordinance into the record. Ayes: Unanimous. 9:56 a.m. Recess 10:06 a.m. Dana Hertfelder, Public Works Director; PUBLIC HEARING Continued from June 26, 2007, to Consider a Requested Franchise Rate Increase of 25.53% for Mariposa County Total Waste Systems, Inc. (TWS) Based Upon the 10% Profit Provision in the County of Mariposa Franchise Agreement; Approve the Requested Increase BOARD ACTION: Dana Hertfelder presented the staff report and he and Carl Casey/Public Works Administrator responded to questions from the Board relative to the request and the financial information that was provided. Supervisor Pickard asked that Public Works review the franchise agreement for Wawona relative to the process for a rate increase, and he asked whether it is necessary to sustain a franchise for Wawona. The public portion of the hearing was opened and input was provided by the following: John Warren, Accountant for Mariposa County Total Waste Systems, Inc., advised that he was present to respond to questions, and he advised that he feels that Public Works presented a thorough analysis. Ruth Sellers asked about the status of looking into a recycling program, and she asked whether this rate increase will impact the tipping fee. Staff responded to a question from the Board and advised that this does not impact the tipping fee. Supervisor Pickard noted that there is a vacancy on the Solid Waste Task Force, and recycling is a topic that needs to be reviewed with all of the stakeholders. The hearing was continued for the following hearing to be opened. 10:33 a.m. The public hearing to consider an amendment to the minimum Residential Road Standards was opened and continued until after the conclusion of the hearing on the franchise rate increase. Rebuttal: Fred Youngren, Managing Mariposa County Total Waste Systems, Inc., provided input on their recycling efforts; and he noted that the residents in Wawona are provided with bear-proof containers and that is an added expense. He responded to questions from the Board relative to recycling at the transfer stations. The public portion of the hearing was closed and the Board commenced with deliberations. (M)Fritz, (S)Pickard, Res. 07-439 was adopted approving the franchise rate increase as recommended/Ayes: Unanimous. The hearing was closed. Kris Schenk, Planning Director; PUBLIC HEARING to Adopt a Resolution Approving an Amendment to the Minimum Residential Road Standards Contained in the Mariposa County Road Improvement and Circulation Policy; Project No. 2007-124 and Adopt a Negative Declaration for the Project BOARD ACTION: Kris Schenk advised that there will be a more extensive review of the road standards this fall with the contract with Andy Hauge. Skip Strathearn/Senior Planner, presented the staff report and he advised of the Planning Commission’s recommended revisions to the chart for the Minimum Residential Road Standards. Kris Schenk, Dana Hertfelder/Public Works Director, and Thomas P. Guarino/County Counsel, responded to questions from the Board relative to an applicant being able to propose mitigation measures and road safety issues. 11:25 a.m. Recess ---PAGE BREAK--- 4 9-11-07 11:46 a.m. County Counsel advised that staff has been listening to the Board’s concerns and suggests that language be added to the chart that for existing County roads, as an interim measure, until the County has adopted a comprehensive impact fee program and/or a road mitigation program, project applicants may submit mitigating measures, along with the necessary environmental documentation. This will allow on an interim basis the processing of the projects that are in the pipeline. Discussion was held. The public portion of the hearing was opened and input was provided by the following: Anita Starchman Bryant, Starchman & Bryant Law Offices, advised that she is representing several developers in the County, stated she feels it is appropriate to add the proposed language to the bottom of the chart so that the public realizes that there is an alternative of being able to propose mitigation measures. She reviewed her email of September 6th to the Board. Tim Miller, Miller Planning – Merced, states he supports the language that staff developed for existing roads as an interim policy. Tolley Gorham asked if the Planning Department would immediately begin processing the projects that have been held pending the resolution of this standard. Kris Schenk advised that if this is adopted, that Planning would send out a letter for those projects that received an earlier letter advising that they did not meet current standards, letting the applicants know that if their project meets this standard, that public hearings will be scheduled. Tolley Gorham asked whether projects that can meet a nine-foot road width, but not a ten-foot, could go forward with mitigation measures. Ken Baker, represents several properties in the County, referred to the General Plan process, and he stated he does not feel that narrow roads cause a problem – he feels that people are complaining more about road repairs versus width. He further commented on the proposed language and stated he feels that Public Works should play a lead role for the streets. Jim Brannan, agent for John Boggs on a parcel that is located at the intersection of Yosemite Oaks Road and Oaks Road, advised of issues that they have been dealing with on this project; and he stated he would like to see “common sense” brought back into the process. Ken Melton recommended that the Rural Class I road for 0-40 Average Daily Traffic (ADT) be changed to 0-120. Theresa Castaldi stated she concurs with Attorney Bryant, and she urged the Board to keep the road decisions and process with Public Works. Staff responded to questions from the Board relative to recommendations for the road standards. Anita Starchman Bryant provided additional input relative to road width issues; and she asked how staff will address the applicants that received letters denying their projects and withdrew their applications based on that information. Kris Schenk stated he thought there were only two applicants who withdrew their applications and received refunds; and they could reapply for their projects – start over with their applications. Staff responded to questions that were raised on the road standards for the Rural Class I road. Rod Timmons provided input on road width issues and with environmental impacts and cumulative dust impacts. The public portion of the hearing was closed and the Board commenced with deliberations. Staff responded to questions from the Board relative to dealing with mitigation measures and the suggested language change. (M)Pickard, (S)Turpin, Res. 07-440 was adopted approving an amendment to the Minimum Residential Road Standards contained in the Mariposa County Road Improvement and Circulation Policy; Project No. 2007-124, with the changes as recommended by the Planning Commission and with the additional language recommended by staff during this hearing for chart adopting a Negative Declaration for the project; and directing staff to evaluate the impact of changing a Rural Class I road to 0-100 ADT. Supervisor Turpin asked that the motion be amended to include a change to nineteen-foot width for a Rural Class II road; and the motion was amended, agreeable with the maker, to include direction for staff to evaluate this. Further discussion was held relative to the road standards. Ayes: Turpin, Fritz, Pickard; Noes: Aborn, Bibby. The hearing was closed. ---PAGE BREAK--- 5 9-11-07 Richard J. Benson, County Administrative Officer/Personnel/Risk Manager; A) CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: DSA (Deputy Sheriff’s Association); Name of County Designated Representative: Richard Bolanos B) CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: SMA (Sheriff’s Management Association); Name of County Designated Representative: Richard Bolanos C) CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: SEIU (Service Employees International Union); Name of County Designated Representative: Richard Bolanos D) CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: MCMCO (Mariposa County Managerial/Confidential Organization); Name of County Designated Representative: Richard Bolanos BOARD ACTION: At 1:24 p.m., Chair Bibby advised that the closed sessions for items C and D were not necessary; and she excused herself from the room due to a potential conflict of interest as stated at the previous meeting. Vice-Chair Turpin advised that the closed sessions for items A and B were not necessary. 1:26 p.m. Chair Bibby announced that she would open the public hearing on the final budget at 1:30 p.m. and continue it to 1:45 p.m. 1:27 p.m. – LUNCH 1:30 p.m. Chair Bibby opened the public hearing on the final budget and continued it to 1:45 p.m. 1:52 p.m. Richard J. Benson, County Administrative Officer/Personnel/Risk Manager; Continued PUBLIC HEARING (Continued from September 10, 2007) to Consider the Final Budget for Fiscal Year 2007-2008, and Continue the Hearing and Meeting to September 12, 13 and 14th, as Necessary to Conclude the Hearing and for the Adoption of the Final Budget (A Tentative Budget Hearing Schedule is Available at the Administration Office, and is Subject to Change.) BOARD ACTION: Chris Ebie/Auditor, Debbie Isaacs/Assistant Auditor, and Mary Hodson/Deputy County Administrative Officer, were present to respond to questions and to track the budget changes. Public Comment – None. Rick Benson provided a budget overview for each of the budget units and the Board reviewed the following budget units: Grand Jury and Law Library – Rick Benson advised of revisions to the Law Library budget unit, and the Board concurred with these budget units as revised. Witt Hawkins, member of the Grand Jury, stated they could always use an increase in their budget unit. Indigent Defense – The Board concurred with this budget unit. Child Support Services and Child Support Advance – Rick Benson advised of the request for a reclassification of two positions. Debbie Walton, Child Support Services Director, provided input on the requests. The Board concurred with these budget units as recommended. Sheriff-Coroner-Public Administrator, Boating Safety, Jail, Asset Forfeiture, Sheriff Asset Forfeiture, COPS Grant, SLESF, Rural County Crime Prevention, DNA Identification, County Inmate Welfare, Fingerprint ID, Animal Control, Public Administrator, Criminalistics Lab, Standards & Training Corrections Program, ---PAGE BREAK--- 6 9-11-07 Automated Warrant System, and Civil Matters – Rick Benson reviewed the budgets units and advised of recommendation to fund a full-time bailiff for the courts. Discussion was held with Jim Allen, Sheriff-Coroner, relative to these budget units. Supervisor Bibby advised that an informal meeting is being scheduled with Merced Irrigation District (MID) to discuss the boating safety program and costs. Supervisor Pickard asked about using the Rural Crime Prevention Funds for future jail expansion, and discussion was held. Joel Bibby, Sheriff’s Captain, advised of an additional request to include grant revenue and expense of the 911 upgrade for console furniture upgrades in the amount of $25,487. Rick Benson recommended approval of this request, and the Board concurred. The Board concurred with these budget units as revised. Juvenile Detention, Probation, ADAPT Program, Juvenile Justice Crime Prevention Act, Domestic Violence, Probation – Drug Program, and Revenue & Recovery – Rick Benson advised that the recommendation on the reclassification request for the Office Assistant I/II position to a Senior Office Assistant will be presented to the Board at a later date. Gail Neal, Chief Probation Officer, provided input on the request for purchase of a Live Scan machine and on their lab testing and space needs. Supervisor Turpin asked about the full-time status of the Juvenile Supervisors, and Mary Hodson advised that these descriptions need to be updated in the budget. The Board concurred with these budget units as revised. 2:31 p.m. Recess 2:33 p.m. Agricultural Commissioner – Rick Benson advised of the request for an additional position of Agricultural & Standards Program Technician, and he recommended that this be held pending further analysis and a recommendation will be presented to the Board at a later date He advised that he plans to start bringing recommendations on the position requests in the budget back to the Board by mid-October. Discussion was held with Cathi Boze, Agricultural Commissioner, relative to the position request. The Board concurred with this budget unit as revised. Fish & Game – Rick Benson advised of a change to reflect the actual fund balance. The Board concurred with this budget unit as revised. Solid Waste – Supervisor Pickard noted that direction was given in the FY 2006-07 budget hearing to look at payment of the one million dollar loan from the General Fund for the Compost Facility. Mary Hodson noted that this could be added to the budget narrative. The final budget hearing was continued to Wednesday, September 12, 2007, at 9:00 a.m. Chair Bibby noted that the meeting would also be continued to Thursday, September 13, 2007, at 9:30 a.m. for Closed Session: Public Employee Appointment; Candidate Interviews for Human Services Director. CONSENT AGENDA: CA-1 Approve an Amendment to Agreement with Schaaf & Wheeler to Develop a Drainage Study for the Town of Coulterville and Authorize the Board of Supervisors Chair to Sign the Amendment (County Administrative Officer/Personnel/Risk Manager); Res. 07-435 CA-2 Authorize the Health Education Program Allocation for Three Consecutive Fiscal Years Beginning July 1, 2007 and Ending on June 30, 2010, Authorize the Board of Supervisors Chair to Sign the Acceptance of Allocation Agreement Form for Fiscal Year ---PAGE BREAK--- 7 9-11-07 2007-2008 and Authorize the Health Officer to Sign other Documents Required by the State to Maintain the Health Education Program in Mariposa County Throughout the Multi-Year Agreement Period (Health Officer); Res. 07-436 CA-3 Approve Third Amendment to the Agreement with Golder Associates to Extend the Term to June 30, 2008, Increase the Agreement by $30,000 and Authorize the Board of Supervisors Chair to Sign the Amendment (Public Works Director); Res. 07-437 CA-4 Approve Agreements for Fiscal Year 2007-2008 with Area 12 Agency on Aging for Congregate Meals, Home Delivered Meals, Restaurant Meals and Transportation Services and Authorize the Board of Supervisors Chair to Sign the Agreement and Sign the Designation Form Authorizing the Department Head to be the Designee for Mariposa County Community Services (Community Services Director); Res. 07-434 CA-5 Approval of Summary of Proceedings of September 4, 2007, Regular Meeting (Clerk of the Board) 2:45 p.m. (M)Aborn, (S)Turpin, the Board recessed and continued the meeting and final budget hearing to September 12, 2007, at 9:00 a.m./Ayes: Unanimous. Respectfully submitted, MARGIE WILLIAMS, Clerk of the Board JANET BIBBY, Chair, Board of Supervisors