Document Mariposacounty_doc_cfccb76395

Time Description 9:06 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Introductions Approval of Consent Agenda (See End of Minutes) 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: There was no public input. (M)Turpin, (S)Aborn, the Consent Agenda was approved/Ayes: Unanimous. Janet Bibby, Board of Supervisors Chair; A) Adopt and Present Resolution and Tile Plaque Recognizing Jacqueline “Jacque” Dodd Meriam for her Service as Mariposa County Librarian BOARD ACTION: There was no public input. (M)Fritz, (S)Turpin, Res. 07-72 was adopted and presented to Jacque Meriam, along with a tile plaque/Ayes: Unanimous. B) Proclaim the Month of March, 2007 as “Women’s History Month” BOARD ACTION: There was no public input. (M)Fritz, (S)Pickard, the Proclamation was approved and presented to Connie Waldron/Ayes: Unanimous. Connie Waldron accepted the Proclamation on behalf of the Daughters of the American Revolution and on behalf of the Equal Opportunity Committee in Yosemite National Park. She presented the Board with “Rosie’s Daughters” book, which contains stories of American women serving in World War II. C) Proclaim the Week of March 11 – 17, 2007 as “Girl Scouts Make The World Better Place Week” BOARD ACTION: There was no public input. (M)Pickard, (S)Aborn, the Proclamation was approved/Ayes: Unanimous. Karen Robb, Farm Advisor; Present a Certificate of Recognition to Jim Johnson, a Master Gardener Volunteer, for Achieving Lifetime Master Gardener Status BOARD ACTION: There was no public input. (M)Pickard, (S)Fritz, the Certificate of Recognition was approved and presented to Jim Johnson/Ayes: Unanimous. Karen Robb commented on Jim Johnson’s service and thanked the Board for support of this program. Shelley Crist, President of the Master Gardeners, thanked Jim Johnson for his work with the program. 9:25 a.m. Recess MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA March 6, 2007 ---PAGE BREAK--- 2 3-6-07 9:38 a.m. Public Presentation: For items within the jurisdiction of the Board and not on today’s agenda. Rita Kidd, Chair of the MERG Committee for the Preservation of Catheys Valley and Hornitos, advised that they are working to prevent further parcelization of western lands in the County. She noted that the Board chose not to move forward on the petition they presented a year ago with their concerns on this matter. She advised that after a very hard and long discussion among their Board members, they chose not to file an appeal of the Planning Commission’s action taken on Friday to issue Certificates of Compliance for Redington Ranch. Their issue is how the County chooses to use its powers to recognize or not recognize the historic parcels. She advised of their Public Records Act survey during the course of the appeal to inventory, compute and compare the number of parcels recognized through certificates of compliance with the potential number of known underlying patents. She reviewed and provided her letter with their survey results, and reviewed their concerns with substandard parcelization. She urged the Board to adopt the required policies and ordinances that will prevent substandard parcelization in land use classifications with minimum parcel sizes over 40 acres. Bart Brown, Chairman of MERG, shared the concerns that Rita Kidd expressed with the issuance of certificates of compliance. He questioned whether the County should be issuing certificates of compliance on parcels that were merged. He stated he feels that unconditional certificates are encouraging pre-mature parcelization. He suggested that a solution could be to adopt a new policy for unconditional and conditional certificates of compliance to give the County consistency and a level playing field. He urged the Board to take action to resolve these issues. Dick Hutchinson thanked Public Works for the recycling staff and program. He also suggested that the County should be using paper products that can be recycled versus Styrofoam. He thanked Supervisors Bibby and Turpin for representing the Board and presenting him with the “Volunteer of the Year” recognition at the Chamber of Commerce event. Board Information Supervisor Fritz advised that she attended a fundraiser at the Bug Hostel for the Mountain Crisis Services over the weekend, and she commended the Bug Hostel for its support of this event. She advised that she plans to attend the Juvenile Justice Committee meeting on Wednesday. On Thursday, she plans to attend the San Joaquin Valley Rail Association meeting. She noted the live fire practice on Saturday in the Usona Station area. She urged attendance at the workshop scheduled for this evening to receive input on the impacts of the Ferguson Rockslide. Supervisor Pickard advised that his trip to Washington D. C. the previous week was productive and he feels good contacts were made for the State and for local weed management areas. He advised that he also had an opportunity to discuss the Ferguson Rockslide with the legislators. Supervisor Aborn advised that he had a surprise meeting the previous week with Lee Goldenberg from the San Joaquin Valley Rail Committee concerning the County’s application for voting membership on the Committee. He stated he feels that membership on this Committee is important, and that we need to address the vehicle length restrictions for the bridges on Highway 140, as well as a permanent fix on the rockslide. Supervisor Turpin advised that he met with the new California Highway Patrol, Lt. Price. He attended the Chamber of Commerce clubs and organizations recognition dinner on Friday. On Saturday, he attended the tribute to retiring Deputy Fred Paige in Greeley Hill. On Wednesday, he plans to attend a meeting with Public Works and the Parks Department concerning issues with the Red Cloud Park. He commented on the use of corn and wheat for bio-fuels and the need for forage for livestock. Supervisor Bibby advised that she plans to attend the Mental Health Board meeting at noon. She attended the Enchilada Feed in Hornitos on Saturday, and she noted that the Patron’s Club uses the proceeds to support the Stagg Hall. She advised that the Storytelling Festival is scheduled for this weekend and she will be doing the welcome portion. She advised that she attended the clubs and organizations dinner on Friday sponsored by the Chamber of Commerce, and she congratulated Dick Hutchinson on his award. She also provided a reminder of the workshop scheduled for 6:00 p.m. to ---PAGE BREAK--- 3 3-6-07 receive input on the impacts of the Ferguson Rockslide. She noted that representatives of CalTrans will be present as a resource; and she urged that comments be provided in writing for the record. Supervisor Turpin advised that the North County received the prizes for the best decorated tables at the clubs and organizations dinner. Richard J. Benson, County Administrative Officer; A) Discussion and Possible Action Regarding a Request by Total Waste Systems of Mariposa County to have the County Select a Third Party for the Purpose of Determining if a Rate Increase is Necessary BOARD ACTION: Rick Benson presented the staff report and advised of the Board’s consideration and denial of the request by Total Waste Systems of Mariposa County for a rate review on December 19, 2006. Gregory Chappel, Jamison & Chappel, representing Total Waste Systems of Mariposa County, stated they recognize the December 19, 2006 action. He cited Section 14B of the Franchise Agreement between the County and Total Waste relative to review by a third party; and he requested that direction be given to the Public Works Director to proceed with the third party process. Supervisor Turpin asked about handling the costs for this process. Attorney Chappel advised that the Agreement does not address costs, and he would assume that the costs would be shared as is customary. There was no public input. Supervisor Fritz asked about the site rent and the prior contract increase. Attorney Chappel advised that they just received the annual CPI increase. Dana Hertfelder, Public Works Director, provided input relative to the request for an increase in the site rent, and he advised that the only increases have been for the CPI. Supervisor Turpin clarified that the tipping fee increase is a pass-thru and that the CPI covers annual costs increases; and Attorney Chappel agreed. Supervisor Pickard asked for clarification of the request. Rick Benson advised that the request for a third party review is for the items that they suggest are uncontrollable circumstances; and the position of the County is that the CPI is there to cover increased costs. Dana Hertfelder provided information relative to the special rate review process. Discussion was held. Supervisor Pickard asked whether Total Waste is making their contracted profit amount of ten percent; and Attorney Chappel responded that they are not – that they are suffering at a loss now; and he advised that the issue before the Board is the application for a special rate increase. Thomas P. Guarino, County Counsel, advised that there are three mechanisms for a rate increase in the Agreement: 1) annual CPI; 2) uncontrollable circumstances; and 3) if Total Waste is not making the ten percent profit set under the Agreement. He advised that if Total Waste’s contention is that they are not making the ten percent profit, they need to file a request with Public Works Department to have that reviewed and that information can be taken under consideration with a rate request. He referred to the third party provision in the Agreement, and advised that you do not go to a third party to determine if there is an uncontrollable circumstance, just if you can not agree on the amount; and the third party decision on the amount is mandatory. He referred to the issue of the rent and whether or not an increase falls in the definition of an uncontrollable circumstance. He noted that the County has not employed any new or changed requirements for the franchise portion of the Agreement that he is aware of that required Total Waste to go and rent a new location for their equipment. It was Total Waste’s decision to rent another facility. Attorney Chappel stated he feels that County Counsel has adequately set forth what the dispute is. He stated it is their position that there is a difference of opinion as to whether or not certain facts give rise to the special rate increase, and that is one of the issues that can be referred to the third party. He stated it appears as though that is the crux; and it is not their opinion that the Board needs to set aside its action of December 19, 2006. It is their position that what is required under the Agreement at this time is the referral to the third party. Further discussion was held regarding the request and issues that were raised and the terms of the Agreement. (M)Aborn, (S)Pickard, to postpone the decision here and look at the ten percent profit issue, with Total Waste Systems to present information to show that they are operating at a loss or making less that the ten percent profit as set forth in the Agreement. Supervisor Pickard clarified that we are not moving forward with any mediation with this motion, but directing that Public Works will continue to work with Total Waste; and it is incumbent upon Total Waste to provide the justification for a special rate increase. Supervisor Aborn agreed that this is a part of his motion. Ayes: Unanimous. ---PAGE BREAK--- 4 3-6-07 B) Approve a Professional Services Agreement with abc 30 KFSN-TV/DT to Create 2 – 30- Second Commercials and Produce 81 Airtime Spots on abc 30 and Authorize the CAO to Act on the County’s Behalf in all Matters Pertaining to this Agreement BOARD ACTION: Discussion was held with Rick Benson and Marilyn Lidyoff, Administration/Business Development Coordinator. Input from the public was provided by the following: Paul Chapman referred to the Board’s action on January 23rd to privatize the Tourism Bureau, and stated he feels the Tourism Bureau should be responsible for these types of programs. He also questioned how a Supervisor could be involved in this program with owning a business. Rick Benson advised that it is his understanding that the list of people in the package including a Supervisor were those who participated in the selection of the TV station and not the content of the advertising. (M)Pickard, (S)Turpin, Res. 07-77 was adopted approving the recommended action/Ayes: Unanimous. 10:50 a.m. Recess 11:00 a.m. Brad Aborn, Supervisor District I; A) Update, Discussion and Possible Direction to Staff Regarding the Yosemite Area Regional Transportation System (YARTS) BOARD ACTION: Supervisor Aborn initiated discussion; noted that Channel 30 News was present; and he noted that there is no local telephone number for Mariposa for people to call if a bus doesn’t arrive. Dick Whittington, YARTS (Yosemite Area Regional Transportation System) Transit Manager, provided input relative to the YARTS program and its relationship with Amtrak and VIA Adventures, and relative to the services that are provided. YARTS does not have a direct contract with Amtrak, just though VIA. He commented on services provided by Greyline to Yosemite; and he advised that they have decided to do all of their tours on their own buses. He noted that Key Holidays out of Sacramento also provides bus service to Yosemite. He advised of changes with the routes when the rockslide occurred because of the Highway closure. He advised of his discussion with Lee Goldenberg of the San Joaquin Rail Committee. Supervisor Aborn asked about the Amtrak connection in Merced and whether there is a program to provide for a second bus if needed; and he expressed concern with the decline in ridership on the YARTS system. Dick Whittington advised that VIA had a second bus available if needed; and he provided input on the changes in the ridership on YARTS due to the rockslide. He advised that they have made application for funding for buses to provide early pickup for employees for Yosemite and for additional runs in the summer. He noted that the amount that the County is contributing to the program is the same as it was providing for a private contractor ten years earlier, and more runs are being provided by YARTS. He advised that the National Park Service contributes $250,000 for the program and participates in a commuter choice/voucher program. Delaware North has not participated because they cannot subsidize some employees, without providing the same service to all, because they are a Union Shop. Supervisor Pickard asked about the impact of the rockslide and not being able to use the longer buses, and Dick Whittington responded that being able to use longer buses would help their service. Supervisor Bibby asked that YARTS ridership statistics be provided to the Board, along with regular updates and reports on the service. Supervisor Aborn asked about the rumor that once YARTS begins providing service in the other corridors to Yosemite, that the Park will eliminate the private automobiles. Dick Whittington noted that the Valley Management Plan calls for the elimination of vehicles from the Valley; and he noted that YARTS is managed by Mariposa, Merced and Mono Counties. Supervisor Turpin asked about the possibility of using articulated buses. Dick Whittington advised of his discussions with CalTrans relative to possible options, and CalTrans has determined to stay with the 28-foot length restriction. Input from the public was provided by the following: Kenneth Gosting, TIE (Transportation Involves Everyone), stated he feels there is a long way for YARTS to go in terms of planning; and he noted that their telephone information line shuts ---PAGE BREAK--- 5 3-6-07 down at 5:00 p.m.; however, their bus service continues. He presented a blown up page of the section of the local telephone book and noted that YARTS is not listed. He stated he feels that the statistics should be carefully reviewed. He asked if YARTS is seeking to provide service for the Highway 41 and 108 corridors. He expressed concern with safety issues on the buses with having additional passengers on the peak runs, include drunk and disorderly passengers, and he cited a recent incident with a leaking roof on a bus during a rainstorm. He noted that there are no safety handrails when you enter/exit the bus. He cited a recent example of a special express run that was made to the Park to accommodate a group from the Amtrak connection, and he stated he feels that there needs to be more of this type of service. He commented on using Highway 120 as an alternate route and problems. He stated he feels that there are grant sources other than just federal that could be used; and he suggested that a special workshop be held to discuss these issues. Lou Aceto, of Oakhurst, commented on the ridership statistics and stated he feels that YARTS is still 160,000 riders short of what the Executive Director projected for the first year. He feels that YARTS is directly involved with Yosemite and the only way the service will work is if day use visitor parking is removed from the Valley, and he feels that support of YARTS is ultimately supporting the removal of day use visitor parking. He feels that YARTS is causing a perception that prevents visitors from driving to Yosemite and he feels that will be a real cost to the County. He feels that the information being provided by YARTS can be refuted, and that this is a good time to reevaluate the County’s position with YARTS. Dick Whittington responded to the input that was provided; and he advised that any concerns/complaints can be emailed or called in to YARTS or VIA; and he asked that any complaints or concerns be brought to his attention so that they have an opportunity to make improvements. He noted that the original intent was for this to be a regional service; and a meeting was held in Fresno and one will be held in Madera, and contact is being made with Tuolumne. It will depend on whether those counties want to participate as to whether consideration will be given to expanding the service. He advised that the bus drivers carry cell phones and they can contact law enforcement for problems that may arise with the passengers. Supervisor Aborn stated he would like to schedule a workshop to get input from the community and for the Board to review this program. There were no objections from the Board. Discussion was held relative to the agenda schedule. 12:00 p.m. Recess 12:04 p.m. Chair Bibby advised that she needs to attend the Mental Health Board meeting so that there is a quorum. The remaining agenda items were continued to the afternoon. 12:05 p.m. Lunch 2:06 p.m. The Board reconvened. B) Authorize the Chair of the Board of Supervisors to Sign a Letter Requesting two voting Memberships on the San Joaquin Valley Rail Committee or no Membership on the Committee BOARD ACTION: Supervisor Aborn advised of efforts to get full voting membership on the San Joaquin Valley Rail Committee; and he advised of his meeting with Lee Goldenberg from the Rail Committee and his recommendation to offer the County associate membership. Supervisor Aborn requested that the Board take action reiterating its request for two voting memberships on the Committee or the County would withdraw its application. The next meeting of the Committee is scheduled for Thursday. Discussion was held. Input from the public was provided by the following: Ruth Sellers commented on attending the Committee meeting on behalf of TIE (Transportation Involves Everyone) and agrees with not accepting anything less than full membership. She stated she feels that the Board should really take a hard look at the YARTS program and its record of service. ---PAGE BREAK--- 6 3-6-07 Jeanetta Phillips stated she agrees that the County needs to be a full voting member on the Committee, and she agrees that YARTS needs to be examined. Dick Hutchinson, as a representative of the Merchants Group of town, stated they sent a letter to the Rail Committee supporting the County’s request for membership. He commented on the importance of the route from Merced to Yosemite. He noted that there were three buses that spun out and blocked Highway 120 the previous week due to the snow, and that would not have happened on Highway 140 due to the lower elevation. He noted that he feels that there needs to be more support that the rockslide is an emergency. Leroy Radanovich, Tourism Director, commented on his attendance of meetings relative to the County’s request for membership on the Rail Committee. He noted that Highway 140 is considered to be the Amtrak corridor, and we have the only corridor of that nature. He advised of events that he is working on and coordinating with YARTS, Amtrak and VIA. He stated he does not feel that we should be shy about asking for what we want. He stated the legislature did not provide for an associate membership, and that would require a change. He feels the County has a right to voting membership on this Committee. Ken Gosting, TIE, presented information concerning the request and information relative to Amtrak services. He stated he felt that the Committee’s action on February 9th was not to prepare a position paper, but to check with counsel to see if there is anything that would prevent membership. He presented information on the formation of the Committee and addressed the differences between voting and associate membership. He stated he feels that if the corridor changes for the Amtrak connection to Yosemite, it could impact the financial support for YARTS. Discussion was held relative to an option to request one voting membership versus two; and consideration of rewording the draft letter. Thomas P. Guarino, County Counsel, provided input; and advised that he would be willing to review the formation documents for the Rail Committee. (M)Aborn, (S)Fritz, to approve the draft letter as written, with the correction of a typographical error; died after the second was withdrawn following further discussion. Supervisor Pickard offered his assistance to help reword the draft letter to substantiate the County’s request. Supervisor Fritz advised that she would be willing to work with the County Administrative Officer and Supervisor Aborn to bring back a revised draft letter for consideration later in this meeting; and the Board concurred. Ken Gosting provided additional input relative to the statutes that govern the Rail Committee. The matter was continued to later in the meeting. Dana Hertfelder, Public Works Director; Informational Item and Presentation Regarding the Mariposa County Solid Waste Composting Facility Start up Progress BOARD ACTION: Dana Hertfelder gave a presentation on the composting facility and the status of its operation. He advised of their efforts to address concerns, especially with odors, and their goals. He commended staff for their work. Discussion was held. Supervisor Aborn suggested that a handout be prepared to advise the public on how best to separate their trash. Dana Hertfelder advised that they have a draft brochure prepared and they are working on finalizing it. Steve Engfer, PWD/Solid Waste and Recycling Manager, responded to questions and provided input relative to recycling efforts and programs. Input from the public was provided by the following: Ruth Sellers stated she takes issue with the statement that “it is a dump” and she noted that odor was a concern in the environment review report (EIR). She stated she appreciates that the “dump” is neater than it used to be; but she is concerned with the odor problems. She does not feel that the by- product that she saw would qualify to be called compost. She stated she does not feel that this facility should have been built, and she does not feel that what was done meets the EIR. Dick Hutchinson stated he feels that the recycling process is good, but he suggested that the County needs to set the example by purchasing recyclable products and by having separate containers for paper products. He was advised that there are paper recycling bins in the County offices. ---PAGE BREAK--- 7 3-6-07 Paul Chapman stated he agrees that this is a dirty job, but he feels that the plastics and other non-biodegradable items need to be removed before the trash is processed. He commented on the design of the facility and expressed concern that the doors are always open. Discussion was held. Supervisor Bibby asked for a copy of the power point presentation. No action was necessary. Jim Wilson, Fire Chief; Authorize the Fire Chief to Submit Grant Applications to FEMA Assistance to Firefighters Grants (AFG) Program; this Requires a 5% ($2,546) Cost Share and Expenditures Proposed in the Fiscal Year 2007-2008 Budget would Meet the Match Requirements BOARD ACTION: Discussion was held with Jim Wilson, and he advised that the matching funds will be requested in the FY 2007-08 budget, with a maximum match of $58,546. There was no public input. (M)Pickard, (S)Turpin, Res. 07-78 was adopted approving the request/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 Counsel/County Administrative Officer) BOARD ACTION: Rick Benson recommended that action be taken to continue the emergency, and he noted that the workshop is scheduled for this evening to provide an opportunity for more input on the impacts. There was no public input. (M)Turpin, (S)Fritz, Res. 07-79 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 November 28, 2006, Regular Meeting, (Approval Continued from February 27, 2006) (Clerk of the Board) BOARD ACTION: (M)Pickard, (S)Turpin, the minutes were approved. There was no public input. Ayes: Turpin, Bibby, Pickard; Abstained: Aborn, Fritz, as Supervisor Fritz was not present at the meeting, and Supervisor Aborn was not on the Board at the time of the meeting. Approval of Minutes of February 13, 2007, Regular Meeting (Clerk of the Board) BOARD ACTION: (M)Fritz, (S)Pickard, the minutes were approved. There was no public input. Ayes: Unanimous. Waive the Second Reading and Adopt an Ordinance Approving Amendment to Mariposa County Zoning Map Pursuant to Zoning Amendment Application No. 2005-253; Bret and Teri Willis, Applicants (Project Site is Located at 5725 Colorado Road in Midpines, APN 008-350-066 and APN 008-240-065) (Planning Director) BOARD ACTION: Chair Bibby noted that the Action Form in the package was from the first reading of the Ordinance; however, the agenda title correctly reflects this action as being for the second reading and adoption of the Ordinance. There was no public input. (M)Pickard, (S)Fritz, the second reading was waived and Ordinance No. 1035 was adopted. The Clerk of the Board read the title of the Ordinance into the record. Ayes: Unanimous. 3:37 p.m. CLOSED SESSION: Conference with Legal Counsel: Anticipated Litigation: Significant Exposure to Litigation Pursuant to Subdivision of Government Code Section 54956.9 Relative to a Workers’ Compensation Case; Number of W/C Cases to be Discussed: 1 (County Administrative Officer/Personnel Manager); CLOSED SESSION: Public Employee Appointment: Interim Appointment of County Librarian (County Administrative Officer/Personnel Manager); CLOSED SESSION: Conference with Legal Counsel; Anticipated Litigation: Significant Exposure to Litigation Pursuant to Subdivision of Government Code Section 54956.9. Number of Cases to be Discussed: Total Waste Systems, Inc. v. County of Mariposa (County Counsel) (Continued from February 27, 2006); and CLOSED SESSION: Conference with Real Property Negotiator; Description of Real Property: Juanita Moore/SPCA Property on Bullion Street; Agency Negotiator: Thomas P. Guarino; Name ---PAGE BREAK--- 8 3-6-07 of Party who will Negotiate with County (Not Party’s Agent): SPCA; Closed Session will Concern Price and Terms of Lease/Purchase (County Counsel) BOARD ACTION: There was no public input. (M)Fritz, (S)Aborn, the closed sessions were held/Ayes: Unanimous. 4:27 p.m. Chair Bibby announced the following as a result of the closed session matters: - Direction was given to staff on the Workers’ Compensation case; - By motion of Turpin, seconded by Aborn, by unanimous vote authority was given to the County Administrative Officer to appoint Janet Chase-Williams as interim County Librarian, subject to approval by the State Library; - Information was received and no action was taken on the Total Waste Systems’ case; and - By motion of Pickard, seconded by Fritz, authorization was given for a counter proposal to be presented in negotiations for the Moore/SPCA property, by a vote of four ayes and Supervisor Bibby opposed. 4:29 p.m. Recess 5:43 p.m. The Board reconvened and further discussion was held relative to the revised draft letter to the San Joaquin Valley Rail Committee requesting two voting memberships on the Committee for the County. (M)Fritz, (S)Aborn, Res. 07-80 was adopted approving the letter as revised. There was no public input. Chair Bibby read the letter into the record. Dick Hutchinson noted that they are planning to attend the Rail Committee meeting on Thursday with posters to support the County. Supervisor Aborn requested that the Board’s vote on this action be included with the letter. Ayes: Unanimous. 5:47 p.m. Recess 6:05 p.m. Richard J. Benson, County Administrative Officer; Workshop to Meet with the Businesses and the Community to Gather Information on the Affects of the Ferguson Rockslide BOARD ACTION: The following legislators and representatives and CalTrans staff were introduced: Shelly Abajian representing Senator Dianne Feinstein, Chris Valadez representing Congressman George Radanovich, Julie Dunning and Zelie Nogueira representing CalTrans, and Senator Cogdill. Chair Bibby announced that Ameen Kahn representing Senator Barbara Boxer was unable to be present due to illness. (Other legislative representatives were introduced later in the workshop.) Chair Bibby advised that the letter of March 1, 2007, from CalTrans regarding the status of the Ferguson Slide project and its priority to CalTrans is available for the public. She thanked CalTrans for their cooperation with this project and advised that their representatives are here as a resource; and that the purpose of this workshop is to find out how the slide has impacted us. Rick Benson, County Administrative Officer, gave an overview of the history of the slide and the interim opening of Highway 140 with the temporary bridges. He advised that the purpose of this workshop is to listen and learn what is happening and what the impacts will be if we can not get the Highway open to longer vehicles quickly. He reviewed the options that CalTrans is exploring for a long-term fix, and he advised that any deviation from the current procedures will require input from the state and federal officials. He encouraged written information to be provided. Input from the governmental entities: Jim Allen, Sheriff, commented on the delay for emergency vehicles with having to wait for the signal lights to change. He advised that if and when the rocks come down and the River is blocked, El Portal will be isolated. He noted that Yosemite National Park has assured law enforcement coverage for El Portal, and he has a deputy that resides in El Portal. He is concerned with medical aid. A helicopter can’t land during a storm, and Highways 120 and 41 close during winter storms and that would land-lock El Portal. He feels that six years is a long time and he feels the odds are very good that the rocks will come down. He responded to a question from Supervisor Bibby and advised that the response time from Mariposa to El Portal via Highway 140 is about 45 minutes to one hour depending on the stop lights. Sheriff Allen further noted that El Portal has a lot of visitors with the hotel rooms and the visitors need to be protected as well as the residents. He reiterated that we need to have the ---PAGE BREAK--- 9 3-6-07 highway fixed much quicker than six years. He does not feel that it would take six years for a major highway in a major city. Chair Bibby introduced Bob Phelan, representing Tom Berryhill. Kevin Cann, Deputy Superintendent for Yosemite National Park, commented on their relationship with CalTrans. He suggested that if the Board is going to find six years unacceptable, that a socio-economic study should be done to substantiate the impacts. He referred to the Sierra Business Council and a wealth index study. He noted that consistently since 1991 the visitors are repeat visitors to the Park. He commented on the socio-economic impact study done after the flood disaster and that study concluded that vacation habits can sustain a two-year interruption, but not three years. He noted that the co-compost facility project moved along much more efficiently and timely once efforts by the County and the National Park Service were combined; and he believes the same cooperation will be needed with this matter. He advised that the Park Service is ready to help in any way possible. He noted that they are seeing increased costs with commodities such as concrete. He noted that the tour buses are going through 6,000-foot elevation passes to use Highways 120 and 41 and they have had fourteen substantial accidents in the last year and have issued a growing number of citations for violation of the chain requirements. The bus drivers do not have the experience for driving in these conditions. Highway 140 is an all-weather route to the Park. He advised that the Park experiences a 31 percent higher construction cost versus Fresno; however, with the Rock Slide they are seeing an additional 40 percent additional increase. He advised that he contacted the Federal Highway Administration earlier today and they are available and willing to work with CalTrans on this project. He also wants the Board to hear from Dan Jensen, Chief Operating Officer for Delaware North. (Mr. Jensen spoke later during the workshop.) Chair Bibby introduced Bob Wiedman, Deputy District Director, for Senator Cogdill. Dr. Charles Mosher, Health Officer, commented on the Board’s subsidy of ambulance service to El Portal and the first responder service in El Portal. He advised that being able to continue to provide service is an issue. He noted that when the stop lights turn red, it results in about an eight minute delay; and he is working with CalTrans to see if they can have a triggering device for the lights for emergency response. Lieutenant Dave Price, California Highway Patrol (CHP) Commander, stated he feels a problem is the approximate fifteen-minute delay for all emergency vehicle response, and trying to get through the traffic with lights and siren is not feasible due to the nature of the road. He advised that there have been three accidents with over-sized vehicles trying to access the bridges and that blocks the road for a long time. Bob Morse, Mariposa County Unified School District (MSUCD) Maintenance and Transportation Director, thanked CalTrans and the elected officials for their assistance with this matter. He advised that this is an inconvenience and there is a delay for the students getting to school and to class on time. To have this impact for six years would be a huge problem. He advised that they have taken resources that could be used for other departments in the District to purchase a short bus that meets the length restrictions on the Highway. He advised that now there is a requirement for seatbelts and that reduces the number of students that can ride the bus. They will need to look at having another bus because of the number of students. He responded to a question from the Board and advised that they would not have purchased this bus if the slide did not occur; however, they can use the bus in the future for special needs and that is their long-term goal. Dick Whittington, YARTS (Yosemite Area Regional Transportation System) Transit Manager, referred to his letter concerning impacts on the YARTS system. He provided statistical information on the changes in ridership for employees (down by 48.33 percent in the current fiscal year) and visitors (down by 20.1 percent in the current fiscal year) as a result of the slide and impacts with having to obtain passes that do not exceed the vehicle length restrictions. Dave Martin, District Ranger for the Sierra National Forest, provided input concerning their monitoring of the slide activity and their ability to make an appropriate response in case an evacuation is needed. He advised that he met with CalTrans and the Federal Highway Administration staff earlier this date to try and understand all of the nuances of the long-term fix. He advised that it is their collective intent to make sure that there is no bureaucracy in the way affecting the timeframes for this project. He responded to questions from the Board relative to the impacts on their staff and personnel ---PAGE BREAK--- 10 3-6-07 with this situation and relative to the costs for monitoring. He advised that they are updating their fire plan response and none of their equipment is too long for the bridges. He further advised of financial assistance that they have received from their federal office for this fiscal year, and that they are receiving excellent help from the US Geological folks. Chair Bibby read the letter received from the Merced County Board of Supervisors (dated March 1, 2007) into the record. They are in strong support of the State continuing to consider the Ferguson Rockslide area an “emergency” situation and urge the State to keep resources focused on this vital repair project. Dave Martin noted that they are working with BLM (Bureau of Land Management) relative to the rafting activities and feel they have something worked out to allow rafting past the bridges for this summer. Leroy Radanovich, speaking as an individual and as a merchant and as Tourism Director, stated he feels that there has been a winding down of the bus traffic over the last summer and now we are feeling the affects. He referred to a recent trade show that was held in Utah and efforts to attract tours to the area, and he noted that not as many buses have booked as in the past. He feels that some will continue to come this year, and next year they will bypass Yosemite as a destination. It will take years to reestablish the bus tours. He noted that the Chinese bus tours support a local restaurant (China Station) and those tours are not even going to Yosemite any more. Since 1998, we have had a steady decline in visitation to Yosemite and eventually this will impact the transient occupancy tax (TOT) revenue to the County. He noted that the President of the new non-profit Tourism Bureau is in Germany promoting the County and there is a huge competition for the recreation dollars in the State. He stated he feels that we need some diversification of the economy of the County, but that is a long way off and will take capital. He advised that he made contact with the new agency, Sierra Nevada Conservancy, and secured office space for them at the Fairgrounds and they are trying to get grants. He feels it is time for the County to get tough with this project. Comments from the delivery services businesses: Curtis Lovett, Outback Materials and ready mix supplier, thanked CalTrans for the excellent job in responding to the slide with the installation of the bridges. He noted that the short amount of time between when he was asked to supply concrete to the approval was unprecedented. He advised that he has had a drop of about one million dollars in revenue from his Mariposa County facility due to the slide – some of that shifted to Madera and Tuolumne Counties. He ran ten trucks before the slide and is down to seven, so three employees have lost their jobs. They had to increase their costs for supplying materials to the Park by about twenty percent because of the change in the route to Yosemite Valley. Plus, there are additional costs in the winter time due to delays with the road conditions and increased vehicle emissions and traffic impacts on the highways. He thanked the Board for this meeting and stated he feels that six years is a long time. He suggested that a flagman at the bridges could allow them access through the bridges. Chair Bibby advised that letters would be welcomed to help document the impacts. Curtis Riggs, VIA Adventures in Merced, noted that Dick Whittington spoke relative to the impacts on the YARTS program. He noted that as the operator of YARTS, this slide has had an impact on the Amtrak passenger ridership. He noted that ticket sales in 2005 totaled $306,000 and in 2006 they totaled $234,000. Some of the decrease was due to a decrease in sales from Greyline. He has four big motor coaches sitting idle and the carrying cost is about $50,000. He has direct expenses of about $50,000 to refurbish and put smaller buses into service that can access the bridges. An increase in the length restriction would be helpful. Dave Loftis, owner of Above All Towing, advised that the vehicle length restriction prevents them from being able to respond with their large towing truck as it is 40-feet long. To bring a bus back out of the Park is a real challenge especially if the other highway accesses are closed. He advised that he has suffered a financial impact and service impact as the large truck was giving law enforcement a greater response time and now he can not use it very much. The commercial traffic has also decreased resulting in less calls for the large truck. He responded to a question from the County Administrative Officer and advised that the large truck takes an experienced driver and it is difficult to keep an employee at that level when the truck is not in use and that is a cost for him. ---PAGE BREAK--- 11 3-6-07 Shawn Knell, with Above All Towing, noted that the length restriction only allows RVs that are 28-foot or less on Highway 140. If any RV breaks down, they can not bring it back out on Highway 140 with their tow trucks and they have to go around. He feels that generally tourist traffic has been impacted because people hear that the road is shut down. Jimmy Gado, Zephyr Whitewater Expeditions, stated he operates on the Merced River with five other outfitters and they will need to change their vehicles to comply with the length limits and that will be a significant expense. He thanked Dave Martin for getting the River access to be able to raft past the slide. He advised that their sales are down about fifty percent from last year. In 2005, their gross sales were $598,000 and in 2006, their gross sales were $314,000 on the River. He questioned why the lower bridge could not be adjusted to get a longer vehicle length. He also advised of information received from Bob at Mountain View Grocery in Midpines – they have 5-8 percent of their sales from the rafting people. He feels that people extend their stay in the County for the rafting and that increasing sales for the other businesses. Comments from the tourist industry – hotels and shops and restaurants: Dan Jensen, Chief Operating Officer for Delaware North, stated the impact from the road closure cost them about four million dollars. He advised that they have received transportation surcharges in the hundreds of thousands of dollars and increased costs for commodities. He advised that there is a decline in the tour buses as Highway 140 is the scenic corridor and going around reduces the visitor experience. He noted that last week, Highway 120 was closed and Highway 41 had chain restrictions due to the storms, and Highway 140 was clear. He noted that this situation is a disruption to the employees and there is an increased cost for the employees with signal delays and a fifteen minute longer commute. He advised of his discussion with California Parlour Car and noted that the impact this year may not be great for their operations, but it will result in a decrease of service next year. He stated the Highway needs to be able to accommodate at least 40-foot buses. Douglas Shaw, Yosemite Bug Rustic Mountain Resort, advised that they have a restaurant and accommodations and added tour events last year. They improved their meeting facilities, are putting in a health spa, and are still expanding. He commented on the impacts the slide is having with the timing of the expansion of their facility – it has been a real financial struggle and very stressful. They are feeling the affects of the decrease in the rafting and lost ten bus groups this year. At three to five thousand dollars per bus group, and if they have to endure six years of this impact, it will really add up for his small business. Having to work this hard and trying to make more business for themselves is very difficult and discouraging. He expressed concern with the cumulative affect; and he stated he appreciates the local support. Steve Knauf, Pizza Plus, stated he is more of a local versus tourist business. However, their business is down – January was down by 28 percent and February was down by 25 percent. He advised of information received from the China Station – they went from $80,000 a month to $30,000 a month average in business. He stated he agrees with Sheriff Allen that this would not take six years on a major highway in a major city; and he does not feel that it should take that long for this project. Jerry Fischer, Yosemite Management Group, stated they have lodges in El Portal and Mariposa so they see the affects from both sides of the slide. He noted that this month marks thirty years for him of doing business in the County and he has seen quite a few disasters. This is the first one where he feels there should be kudos to every agency involved in this project, and he feels it was a remarkable display of effort on the part of a lot of people. He noted that they have significant challenges as they move forward as mentioned; i.e., health and safety issues and transportation costs, etc. He referred to the impact the slide has had on the tour buses and on trying to replace those guests. They have contracts with seven or eight companies that supply up to 5,000 room nights. For him, building on a long term relationship is making ten or fifteen calls and keeping the companies happy for repeat business. To replace those buses, it will require 5,000 to 7,000 room nights from individual calls. He noted that their average stay is 1.3 nights and it takes ten telephone calls to book six rooms. He feels they will lose approximately fifteen percent of those rooms to cancellations and they will have to rebook those again. It takes a tremendous advertising effort to create the demand for those rooms and a tremendous amount of resources to take the reservations to book those rooms. A new customer base will need to be reinvented that they do not have right now. He noted that people have set travel patterns and the interruption will result in it taking a long time for them to rebuild that business. He ---PAGE BREAK--- 12 3-6-07 feels that they will see a drop of 40-45 percent in bus business this year and 70-75 percent next year. People will wonder why they are not staying in Oakhurst if the buses are driving them that way versus Highway 140 through Mariposa. He noted that with the change in routes, we are now competing with Modesto, Sonora, Clovis, and Fresno and it opens up a much wider group of competition for that bus business. He noted that when you spend the amount of time that they have in building the traffic pattern and it gets removed and relocated, it is difficult to rebuild as it not only affects the buses, but the tour operators. No matter how good his relation is with the tour operators in the foreign countries, they have to go on record as saying that there is an interruption on Highway 140 due to the consumer laws. He will put together the impact numbers for their properties for the Board. He advised that the impact goes beyond his operations as they have several tours that when they leave their properties in El Portal and drive through Mariposa, they stop at the Visitors’ Center and spend money in the shops. Now that business has been rerouted to Oakhurst and they are stopping at Raleys for a rest stop and that problem is being magnified over and over resulting in a financial impact to the County. Dick Hutchinson, representing the Mariposa Museum and History Center, advised that they had 40 some tours from a high class tour company in New York and since the rockslide, they cancelled 22 of those tours and that is a financial impact on the Museum. He advised of his discussion with Chief Dulcich, Mariposa County Public Utility District (MPUD) – their ladder truck can not go across the bridges if support is needed from their Fire Department, and CAL FIRE has equipment with their semi- trucks for hauling the bulldozers that could not cross the bridges. Miriam Costello, Miriam’s Place, advised that their customer count is down and that means the dollar is down; and there are not as many tourists from England and Germany as usual. She noted that the Merchants Association is trying to make Mariposa a destination to help the downtown businesses. In her eighteen years of business here, this is her worst February and if she has to wait six years, she will probably not be in business. She noted that a lot of people in town are sole proprietors and if they can’t make a living here, they will have to move out. She questioned if it took six years to build the Golden Gate Bridge. Herb Gloor, owner of Mariposa Lodge, stated business is dismal. He referred to the earthquake in Los Angeles and all the kudos given to the contractors for fixing the freeways almost overnight. He stated his busy season has not really started yet so it is hard to tell how much they are off, but they have four apartments that are usually rented to people doing contract work in the Park, and those are empty. Additional comments from the public: David Sizemore, representing Pioneer Market and Pioneer Gas, advised that Pioneer Gas went down fifty percent this last summer, and that particular station relies totally on tourist dollars in the summer time. Pioneer Market is a community-based store, but there is a trickle-down affect that if we don’t get the tourism, the people in the community can’t afford to spend money in the store. Candy O’Donel-Browne thanked the Board for having this workshop. She stated she is not a business owner and is commenting on the secondary affects versus the primary affects. She realizes that she is not as stressed as what she would have been when she owned the KOA Campground and she is sitting here hearing the stress in the people who have been testifying. There is a lot of secondary affect in this when dealing with disasters and they never had to look at six years of bad business. This much stress could ultimately end in physical problems. We are not a major metropolitan area, but we are the way people in the world think of California. When they think of California, this is their first stop and this is their first impression and she feels that we really need to go as quickly as we can to fix that first impression. Rick Benson advised of his review of the TOT (hotel tax) and sales tax revenues and the unemployment rate. For the first half of this fiscal year, the TOT is holding its own, but he is aware from the business community that it will not continue to hold. The sales tax is down, but not significantly; but it impacts this County’s ability to provide services. There is an increase in unemployment in the tourist industry and the rest of the businesses are holding their own, but that will have a ripple affect. He stated he feels that we need to make this point before we really get into trouble, and he is fearful of where we may be a year from now if something is not done. He advised that we will continue to need information from the community, and he noted that the Board has acted every week on the rockslide emergency. Discussion was held. ---PAGE BREAK--- 13 3-6-07 Supervisor Fritz noted that she owns a business in the community (Happy Burger Diner) with her husband and they had a 11 ½ percent increase last year in business; however, they are down by 12 percent this year. She has noticed the loss of RVs and tourist business. She commended CalTrans for the interim fix, but stated she feels that we need to get past the length restriction. She stated she feels that we can deal with the one-way traffic over the bridges for awhile. Chair Bibby referred to the March 1st letter from CalTrans regarding the status of the project and outlining what they are having to deal with. Dick Hutchinson, representing the business association in town, advised that business owners that could not be here have given him letters to present. He advised that they are working together; however, six years will be a struggle. He noted that there is a lady in the audience that has had to close here store. He advised that Alinda (Dolls by Alinda) has had to go to shows outside of Mariposa to sell her dolls to stay in business. Curtis Riggs advised that his earlier comment that any kind of increase would be helpful was on behalf of YARTS. He feels that if the length is not increased to at least 40-feet, it would not be helpful. It needs to be 45-feet to accommodate the bus companies. Supervisor Turpin commented on the catastrophic fires that have occurred in the County and the response from all of the agencies with equipment and the loss of the comfort level with this service being impacted by the restrictions on the Highway. He noted that this will put limitations on mutual aid support. Supervisor Pickard suggested that input be solicited from the new owners of the KOA on the impacts they are having. He commended CalTrans for their efforts. He stated he feels that six years is a long time for the businesses. He also commented on the challenges of going through the NEPA and CEQA processes. He stated he feels there should be an evaluation of trying to get a longer vehicle length access on the bridges and how that will affect the long-term fix. Senator Cogdill stated he is aware that this Highway is the life blood of the community. This timeframe is not acceptable and he feels a way will need to be found to shorten it. He wants to do everything he can to help, and he commended CalTrans for the work they did, but feels that we need to go further and focus all efforts on the state, federal and local levels. His hope/goal is to have a fix in place by the end of this season to allow for unrestricted traffic. He thanked the Board for holding this meeting and stated he is looking forward to receiving the written information that is to be provided, and he asked to be kept informed relative to the issues pertaining to this matter. Chair Bibby thanked Senator Cogdill for his assistance with County matters, especially this project. Supervisor Pickard acknowledged Congressman Radanovich and his office for assistance with this matter, and he advised of his meetings in Washington, D.C. with the legislative staff for Congressman Radanovich, Senator Feinstein and Senator Boxer on this matter. He also thanked the representatives for the legislators for being present. Supervisor Aborn, on behalf of District I, stated he hopes and he is looking forward to a quick fix on the bridges and a permanent fix for the slide. Supervisor Pickard commented on the recommended socio-economic study and its potential to be helpful with financial aid, etc., and he suggested that the County be proactive and start now to develop the study. Rick Benson advised that it is his intention to approach colleges and universities to see if there is an interest in their economic development to take this on as a project for the County. He advised that the Board could further discuss this at a later time if it wants to hire someone to do the study. Chair Bibby extended compliments to the community and everyone for participating in this workshop in a constructive manner. CONSENT AGENDA: CA-1 Approve the Fish Camp Town Planning Advisory Council By-Laws (Planning Director); Res. 07-73 ---PAGE BREAK--- 14 3-6-07 CA-2 Approve a Transfer of Funds within the Tourism Budget to Increase Professional Services, Copier Expense and Office Supply Budget Lines ($5,600) (County Administrative Officer); Res. 07-74 CA-3 Approve an Agreement with The SPHERE Institute to Assist Child Welfare Services in Implementing the Comprehensive Assessment Tool (CAT) Safety and Risk Assessment System and Authorize the Department to Enter into the Accompanying Data Use Agreement to Ensure Confidentiality and Security of Client Information (Human Services Director); Res. 07-75 CA-4 Re-Appoint Ken Davis, Tracy Guenthart and Judie Huffman to the Catheys Valley Town Planning Area Advisory Committee for Terms Expiring February 28, 2009 (Supervisor Bibby) CA-5 Approve Certificate of Recognition and Congratulations to Marguerite Hofflund on Celebrating her 90th Birthday on March 9, 2007 (Supervisor Bibby) CA-6 Accept the Mariposa Regional Recreation Complex Water Main Project (Project 02-08 / 06-10) as Complete and Authorize Final Payment to Richard Townsend Construction (Public Works Director); Res. 07-76 CA-7 Re-appoint Harvey Holland, Laurel Anderson and Gail Dreifus to the El Portal Town Planning Advisory Committee for Terms Expiring February 28, 2009 (Supervisor Aborn) (Continued from February 27, 2007) 7:58 p.m. Adjournment in memory of Howard William “Bud” Taber, Karla Kay Ashton, and Glenda Fitzpatrick. (M)Pickard, (S)Aborn, the meeting was adjourned/Ayes: Unanimous. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board