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Time Description 9:09 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Introductions Dianne Fritz, Supervisor District VI; Present Letters of Recognition to Lee Ekland and John Derby for their Dedication in Supporting Mariposa County Businesses with Recent Advertising BOARD ACTION: (M)Fritz, (S)Pickard, the letters of recognition were approved and presented to Lee Ekland and John Derby/Ayes: Unanimous. Dick Hutcheson presented Lee and John with gift certificates for dinner on behalf of the downtown merchants. Public Presentation: For Non-Timed Agenda Items including Attention, Information, and Consent Agenda, and for Items Not on the Agenda Eleanor Keuning advised of her recent travel through the Greeley Hill/Coulterville area and noted that Coulterville seemed to be busy; and she referred to a recent letter in the Mariposa Gazette and the need to promote tourism. Bart Brown shared a letter from the MERG Committee for the Preservation of Catheys Valley and Hornitos advising of a schedule of speakers, and inviting Board members, advisory committee members and County staff to attend. Board Information Supervisor Bibby advised that she missed the last speaker sponsored by the MERG Committee as she had a scheduling conflict with the Parking District meeting on August 30th. She advised that she plans to attend the Mental Health Board meeting at noon. She congratulated the Fair and staff on a great event; and she recognized SCOPE for assisting and all of the participants. Supervisor Fritz advised that she attended the Parking District meeting on August 30th; attended the State Fair on August 25th to staff the County’s exhibit; and she attended the County Fair. She advised that she plans to attend the events committee meeting this evening at the Government Center; the Juvenile Justice meeting on Wednesday; the public safety officer recognition dinner on September 9th; and she plans to hold a District IV meeting on September 12th at the Government Center. Supervisor Turpin advised that he attended the County Fair, and he advised that the Board members purchased a turkey at the Jr. Livestock auction. He provided input on a medical incident that occurred on Monday at Bagby and problems with cooperation between the Tuolumne and Mariposa CHP officials with being able to cover to provide lane closure support during the incident; and he will work on this matter. Supervisor Pickard advised that he attended a State Association of Resource Conservation and Development Council meeting on Wednesday that was a follow-up to the April conference; and they discussed removal of barriers to using bio-mass. Supervisor Stetson advised that he attended the County Fair, and he noted that the fireworks were spectacular. Approval of Consent Agenda (See End of Minutes) MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA September 5, 2006 ---PAGE BREAK--- 2 9-5-06 BOARD ACTION: Supervisor Bibby pulled items 10, 11, and 12. (M)Pickard, (S)Fritz, the balance of the agenda was approved/Ayes: Unanimous. Consent Agenda item 10 – grant agreement with Yosemite Sequoia Resource Conservation and Development Council; and Consent Agenda item 11 – two grant agreements with the Mariposa County Fire Safe Council. Mary Hodson, Deputy County Administrative Officer, responded to questions from Supervisor Bibby relative to the fund balance for the Title III funding from the Secure Rural Schools and Self-Determination Act of 2000; and she advised that this is the last fiscal year that these funds will be received. (M)Bibby, (S)Turpin, item 10 was approved/Ayes: Unanimous. (M)Bibby, (S)Fritz, item 11 was approved/Ayes: Unanimous. Consent Agenda item 12 – resolution designating Secure Rural Schools and Community Self Determination Act funds to Title III projects. Supervisor Bibby asked for clarification relative to being able to use the funding for roads. She noted that the staff reports indicates that there are six categories of eligible services; however, the staff report only shows five; and she noted a correction on the formal resolution to reflect 2006. Mary Hodson, Deputy County Administrative Officer, responded to the questions. (M)Bibby, (S)Fritz, item 12 was approved/Ayes: Unanimous. MARIPOSA PARKING DISTRICT Thomas P. Guarino, County Counsel; Discussion, Direction and Action Regarding the Lease/Purchase of the Downtown Parking Lots BOARD ACTION: Thomas P. Guarino, County Counsel, advised that the property owners indicated a consensus at the meeting held on August 30th to form a private parking district and they were not interested in pursuing the Proposition 218 process or other options. He requested that the District provide him with direction with respect to the balance of the loan funds, and he recommended that it go back to the County and he could put together a payment program for the funds that were expended. He advised that he has put on hold the balance of the project, including the appraisals based on the Board’s previous direction. He provided input on the District’s existing costs for the Garber lot and maintenance and repayment of the loan. Supervisor Bibby referred to the response received from the Von der Ahe trust. She also noted that the property owners stated they wanted to look at how the parking district is structured in Oakhurst, and they asked whether the Board would consider an extension of time on their current leases if additional time is needed. She also advised of the request that County records/history of the Parking District be made available to them to help in this process. She noted that discussion was held at the meeting relative to the Garber lease. She further advised of the request for the Board to consider only charging the District the portion of the Best Best & Krieger’s costs for the Proposition 218 presentation that related specifically to the District as County staff received an overall education on the process as a result of the presentation. Supervisor Fritz advised that she agreed with pro-rating the costs for the District, and she thanked County Counsel for his work on this project. Discussion was held. Supervisor Bibby thanked the Board members and staff for their work on this matter. Input from the public was provided by the following: Dick Hutcheson asked whether the Garber lease is a part of the Parking District, and he was advised that it is. He stated he feels that the lot needs some maintenance. Further discussion was held by the Board. Supervisor Bibby noted that there are some encroachment issues that need to be worked on. The Board concurred with providing direction to County Counsel as discussed – to bring back a payment plan for the loan funds that were expended for the District and an item to transfer the balance of the loan funds back to the County; to end the Proposition 218 process for the District and to pro-rate the legal counsel costs for the presentation to the District on the Proposition 218 process; and to provide access to the County’s records/history of the District to the property owners for their efforts in forming a private association. Report to the Board on Appellate Case for Dean v. County of Mariposa, Mariposa Superior Court Case No. 8604 Case (County Counsel) BOARD ACTION: Thomas P. Guarino, County Counsel, advised that the Appellate Court’s decision was in favor of the County in the case of Dean v. the County of Mariposa concerning the ---PAGE BREAK--- 3 9-5-06 pedestrian/equestrian trails in Don Pedro. So the County can move forward with making its decision with respect to the trail system. Supervisor Turpin thanked County Counsel for his work in this matter. 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 he is very grateful that the Highway is open. Input from the public was provided by the following: Dick Hutcheson advised that the video presentation given by the Forestry at the County Fair relative to the slide activity needed to have the ending message updated to reflect the opening of the Highway. Supervisor Bibby noted that Channel 30 covered the opening of the Highway; however, there is still a 28-foot limit on the length of a vehicle that can cross the bridges. Supervisor Pickard commented on the need to proceed with a permanent solution; and he asked that CalTrans and the Forest Service give presentations to the Board and the public on the status and progress of what they see as a permanent solution. With winter coming, the rain may create another problem. It was noted that the Highway is open 24-hours a day now. Chairman Stetson advised of his discussions with Kome Ajise/CalTrans District Director; the Park Service; and with YARTS at a meeting on Thursday relative to consideration of a long-term solution, and he advised that CalTrans is assembling a team to work on this. He also advised that representatives of CalTrans will be at the next Board meeting, and he will contact the Forest Service. He noted that CalTrans has identified three possible solutions for the long- term, a tunnel, a rock ledge, and permanent bridges to route traffic to the other side of the River, and they hope to have a conclusion of which solution to pursue by the end of September. Supervisor Pickard asked that Chris Valdez, staff representative for Congressman Radanovich, be kept informed of the status, as well as Cogdill and Senator Poochigian. Discussion was held. Supervisor Turpin asked about the status of the appeal of the denial of Federal disaster declaration, and he asked that Congressman Radanovich’s office be kept informed. (M)Turpin, (S)Pickard, Res. 06-416 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. Supervisor Turpin, District II; Discussion and Direction Relative to Request that State Highway 132 Between La Grange and Coulterville be Brought up to CalTrans Standards to Accommodate Commercial Traffic Including 45- Foot Buses BOARD ACTION: Supervisor Turpin advised of his discussion with Dinah Bortner/CalTrans; and he initiated discussion relative to improvements that need to be made to Highway 132 to accommodate commercial traffic. He advised that Highway 120 was just improved to accommodate commercial traffic. He also requested that the historic and directional signage to Yosemite be improved in the North County. Discussion was held. Supervisor Pickard suggested that the request be brought to the Local Transportation Commission to discuss the whole picture and for consideration of sending a formal letter to CalTrans asking for evaluation of these requests. He advised that he is willing to work with Supervisor Turpin to bring back an agenda item on this matter, including a letter to CalTrans. Supervisor Pickard noted the importance of making Highway 140 a priority to restore access to all traffic. Chairman Stetson called for input from the public, and none was received. (M)Turpin, (S)Pickard, the Board agreed with having this matter come back with a draft letter to CalTrans asking for an evaluation of the Highway improvement and signage request/Ayes: Unanimous. Schedule a Public Workshop for October 11, 2006 at 9:00 a.m. to Accept Public Comments and Provide Direction on the Revised General Plan Update and Draft Environmental Impact Report (EIR); and Schedule a Public Hearing on December 6, 2006 at 9:00 a.m. to Consider Adoption of the General Plan Update and Final EIR (Planning Director) BOARD ACTION: Discussion was held with Kris Schenk, Planning Director, relative to scheduling the workshop and public hearing on the General Plan Update and Draft EIR. Kris advised that they ---PAGE BREAK--- 4 9-5-06 hope to have the document on September 25th for review; and the document will be available on the website, at the Library, on CD and in print. Discussion was held relative to requests to hold an evening meeting. Thomas P. Guarino, County Counsel, noted that the period for comments on the EIR is closed. He advised that the Board has the option to request that comments be provided in writing in advance of the Board’s meeting; and that the Board may want to have the daytime to work on the document and take public input in the evening. Discussion was held. (M)Pickard, (S)Turpin, the Board scheduled the workshop to begin at 9:00 a.m. on Wednesday, October 11, 2006, and directed that public input be allowed in the evening; and the Board scheduled the public hearing to begin at 2:00 p.m. on Wednesday, December 6, 2006, with the hearing to be continued into the evening with Andy Hauge to be present for the hearing. The motion was amended, agreeable with the maker and second, to include direction that advance written input be sought to help in this process/Ayes: Unanimous. Approval of Minutes of August 1, 2006, Regular Meeting (Clerk of the Board); Approval of Minutes of August 8, 2006, Regular Meeting (Clerk of the Board); and Approval of Minutes of August 15, 2006, Regular Meeting (Clerk of the Board) BOARD ACTION: (M)Bibby, (S)Fritz, the minutes were approved with a typographical correction in the minutes for August 15th/Ayes: Unanimous. 10:55 a.m. CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: Unrepresented; Name of County Designated Representative: Thomas P. Guarino; Title of Unrepresented Individuals with Whom Negotiations are being Conducted: County Administrative Officer Candidate (County Counsel); CLOSED SESSION: 1) Public Employee Appointment; Title or Position to be Filled: County Administrative Officer; 2) Public Employee Employment; Title or Position to be Filled: County Administrative Officer (Government Code Section 54957 (County Counsel); and CLOSED SESSION: Liability Claims; Claimant Name: Mike Starr and Jennifer Starr; Claim Number: C06-5; C06-6; C06-8 and C06-9; Name of Agency Sued: Mariposa County (Interim Personnel/Risk Manager) BOARD ACTION: (M)Fritz, (S)Bibby, the closed sessions were held/Ayes: Unanimous. Chairman Stetson advised that the Board would reconvene in open session after considering the closed session matters relative to filing the County Administrative Officer position. 11:07 a.m. The Board reconvened in open session. Chairman Stetson announced that the Board took action to appoint Richard “Rick” Benson as County Administrative Officer, with an anticipated start date of November 6, 2006. Rick Benson thanked the Board for the appointment and stated he is excited about coming to Mariposa County. 11:10 a.m. The Board reconvened in closed session. 11:16 a.m. Chairman Stetson advised that no action was taken on the liability claims matter as a result of the closed session. CONSENT AGENDA: CA-1 Recommend the Rejection of Claim Nos. C06-8 and C06-9 filed by Mike Starr and Jennifer Starr in the Amount of $80,000 and Authorize the Chairman of the Board of Supervisors to Sign Notices of the Rejection (Interim Personnel/Risk Manager); Res. 06-406 CA-2 Approve Amendment 2 of Agreement with the State Department of Alcohol and Drug Programs and Authorize the Chairman of the Board of Supervisors to Sign the Amendment (Human Services Director); Res. 06-407 ---PAGE BREAK--- 5 9-5-06 CA-3 Approve Amendment 1 to Lease Agreement with Mr. Klump for Social Services Division located at 5186 Highway 49 N. and Authorize the Chairman of the Board of Supervisors to Sign the Amendment (Human Services Director); Res. 06-408 CA-4 Proclaim September 9 through 15, 2006 as “Public Safety Officers Recognition Week” (Supervisor Fritz) CA-5 Appoint Gary Francisco to the Midpines Planning Advisory Committee, Term Expiring February 28, 2008 (Supervisor Stetson) CA-6 Adopt a Resolution Authorizing the Chairman of the Board of Supervisors to Apply for Certified Unified Program Agency (CUPA) Reimbursement Funds and Sign Disbursement Worksheet for Rural CUPA Reimbursement Funds for Fiscal Year 2006-2007 and Authorize the Health Officer to Submit and Sign Additional Documents to Secure Funding as Necessary (Health Officer); Res. 06-409 CA-7 Adopt a Resolution Authorizing the Health Officer to Apply for West Nile Virus Grant Funds for Fiscal Year 2006-2007 to Perform Mosquito Control Activities (Health Officer); Res. 06-410 CA-8 Adopt a Resolution Designating the Method by Which the Appropriation Limits will be Calculated for Fiscal Year 2005-2006 (Auditor); Res. 06-411 CA-9 Adopt a Resolution Establishing and Adopting Appropriation Limits for 2005- 2006 Fiscal Year (Auditor); Res. 06-412 CA-10 Approve a Grant Agreement with the Yosemite Sequoia Resource Conservation & Development Council for Title III Funding from the Secure Rural Schools and Community Self-Determination Act of 2000 (HR 2389) and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Chairman Stetson/Interim County Administrative Officer); Res. 06-413 CA-11 Approve two Grant Agreements with the Mariposa County Fire Safe Council for Title III Funding from the Secure Rural Schools and Community Self- Determination Act of 2000 (HR 2389) and Authorize the Chairman of the Board of Supervisors to Sign the Grant Agreements (Chairman Stetson/Interim County Administrative Officer); Res. 06-414 CA-12 Adopt a Resolution Designating 15-percent of the “Full” Payment the County Receives through Participation in the Secure Rural Schools and Community Self- Determination Act of 2000 (HR 2389) To Title III Projects (Chairman Stetson/Interim County Administrative Officer); Res. 06-415, with a correction in the formal resolution to reflect 2006 11:17 a.m. Adjournment in memory of Stanley “Stan” T. Albright, Christine Evelyn Jones, and Steven Ray McDaniel. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board