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Time Description 9:05 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Introductions Supervisor Pickard; Present Certificate of Recognition and Congratulations to A. A. “Bud” Waldron on Celebrating his 96th Birthday BOARD ACTION: (M)Pickard, (S)Bibby, the Certificate was approved and presented to Bud Waldron/Ayes: Unanimous. Chair Turpin; Proclaim the Month of February, 2008, as “National Parent Leadership Month”; Announcement of Outstanding Parent Leader Awards by Kathy Delaney, Executive Director, Mariposa Safe Families BOARD ACTION: (M)Fritz, (S)Aborn, the Proclamation was approved and presented to Kathy Delaney and the following members of the Shared Leadership Committee: Harold Wildt, Cathy Lara, Tisa Ruport, and Wayne Koher/Ayes: Unanimous. Kathy Delaney introduced the Mariposa Safe Families Board members that were present: Harold Wildt, Cindi Park, Angie Steele, and Dave Goger. She presented certificates to the following parent leader nominees: Beth Tomsick, Penny Long, Cheryle Wright, Leslie Davis (was unable to be present), Andrea Rogerson, and Shannon LeDuc; and the outstanding leader award for 2008 to Toni Southwood. (M)Fritz, (S)Pickard, the Board recessed at 9:23 a.m./Ayes: Unanimous. 9:31 a.m. Public Presentation: For Items within the Jurisdiction of the Board and not on Today’s Agenda. Dana Hertfelder, Public Works Director, advised of a discharge of 60,000 gallons of treated effluent from the new Don Pedro wastewater facility. Dr. Mosher, Health Officer, provided input on the communications relative to the incident and of their review. 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 referred to item 7 and stated he does not feel funds should be given to the Yosemite Renaissance; especially when the Sheriff and Fire Department needs funds. Supervisor Bibby pulled items 1 and 7. Supervisor Turpin pulled item 4. (M)Fritz, (S)Aborn, the balance of the items was approved/Ayes: Unanimous. MARIPOSA COUNTY BOARD OF SUPERVISORS SUMMARY OF PROCEEDINGS February 19, 2008 ---PAGE BREAK--- 2 2-19-08 Continued Public Presentation: For Items within the Jurisdiction of the Board and not on Today’s Agenda – None. Board Information Supervisor Fritz advised that she attended a lunch on Friday at Behavioral; and she advised that she asked the Department to give a presentation to the Board on the services that are provided. She plans to attend the Intercity Rail meeting in Sacramento on the 21st; and she is setting up an appointment with the Friends of the River/Ronald Stork for a meeting on Thursday. She advised that the merchants had a good Presidents’ Day weekend in town. Supervisor Bibby advised that she plans to tour the Don Pedro Wastewater facility with Public Works and members of the Grand Jury on Thursday. She advised that Supervisor Aborn was correct when he suggested recently that those who get the flu that is going around should seek medical attention. She noted that the Enchilada Feed is scheduled for March 1st in Hornitos, and commented on the Patron Club’s contributions as a result of the fundraiser. The Storytelling Festival is scheduled to start on March 7th. Supervisor Aborn commented on the Ferguson Rockslide and the need to discuss issues to obtain full access. He also commented on the recent flu outbreak and its potential for turning into pneumonia. Supervisor Pickard advised that he is planning to attend the 9th National Invasive Weed Awareness Week in Washington, D.C. on February 25-28, and he provided input on the legislation they are working on. He plans to attend the CMSP (County Medical Services Program) Governing Board meeting on Thursday. Supervisor Turpin advised that he attended the SWIFT meeting at Moccasin and discussion was held relative to fire breaks and water supply. He also attended the Red Cloud Library meeting and the Tuolumne County Ambulance Association meeting. On Thursday, he attended the installation for the new Postmaster, Isa Rodrigues, in Coulterville. He attended the Don Pedro Homeowners’ Association meeting, and he attended the Hunters Valley rib dinner in Hornitos. He plans to tour Bower Cave and Bull Creek with the new Stanislaus Forest District Ranger/Maggie Dowle on Wednesday. On Thursday, he plans to attend a meeting relative to reviewing additional improvements for the Red Cloud Park; and attend a meeting with the Don Pedro Community Services District with Planning staff. Rick Peresan, Technical Services Director; Presentation on the Status of the Mariposa County Government Website and Approve Agreement with the Content Management Vendor, Civic Plus and Authorize the Board of Supervisors Chair to Sign the Agreement BOARD ACTION: Rick Peresan gave a presentation on the status of the County’s website and options for improvement, and he advised of constraints with the existing system. Discussion was held relative to the recommendation and costs. Input from the public was provided by the following: Kris Schenk, Planning Director, provided input relative to his department’s use of the web and stated he supports this kind of system. Jim Rydingsword, Human Services Director, provided input on his personal experience with Content Management Software and advised that he is excited about this. It will allow his department to do more online. Ruth Catalan stated she likes the idea of a new website, but questioned the cost and how many citizens have computer access; and she asked for information on the existing costs versus the proposal; and asked whether the website is for County personnel or the public. Keith Williams, Treasurer/Tax Collector/County Clerk, advised of a March 1st requirement for ballot tracking information to be available. He noted that there are other things they would like to add to the web. Becky Crafts, Assessor-Recorder, provided input on their use of the County’s website, and she noted that they get requests for information from many out-of-the area people that could be handled with improvements to the website. She feels that the improvement is for better public service. Paul Chapman noted that publication of legals in the local newspaper will still be required; and he advised that he does not feel that the GIS map is accurate; and he feels that the agenda materials for the Board meetings should be available online. ---PAGE BREAK--- 3 2-19-08 Brian Muller, Sheriff-Coroner, stated he agrees with the other departments relative to the usefulness of the website and the need for consistency. He provided input on their use of the website and stated he feels the benefits outweigh the costs. Eleanor Keuning asked if the site could be expanded to include a calendar of community events and be integrated with the website for the Visitors Bureau. Further discussion was held. Rick Benson provided input on the proposal and advised that the website is a way to get information delivered to the public. He advised that the costs for this proposal is included in the budget and recommended that the agreement be approved. 10:52 a.m. Recess 11:02 a.m. Thomas P. Guarino, County Counsel, advised of three recommended changes to the contract. Further discussion was held relative to the costs. Supervisor Turpin noted the need for countywide high-speed internet access. Chris Ebie, Auditor, responded to questions relative to the cost allocation plan. (M)Fritz, (S)Aborn, Res. 08-62 was adopted approving the recommended actions, with the changes to the agreement as suggested by County Counsel/Ayes: Unanimous. Consider Items Removed from the Consent Agenda Consent Agenda item 1 – Discussion was held with Rick Peresan, Technical Services Director, relative to the proposed policy; and County Counsel provided input. (M)Bibby, (S)Aborn, item 1 was approved/Ayes: Unanimous. Supervisor Pickard referred to the earlier matter relative to the new website proposal and asked that progress reports be brought back to the Board, including approval of the final content and display of the site before it goes live; and Rick Peresan advised that he would bring the matter back as requested. 11:35 a.m. LOCAL TRANSPORTATION COMMISSION (Chair – Commissioner Lyle Turpin, Vice-Chair – Commissioner Dianne Fritz) A) Public Presentation Ruth Sellers stated she wants to speak on the Ferguson Rockslide item when it is addressed later in the meeting. Paul Chapman provided input on the item regarding the Proposition 1B projects and questioned where some of the roads are located. B) Discussion, Direction and Action Regarding Proposition 1B Local Streets and Roads Funds Projects COMMISSION ACTION: Discussion was held with Dana Hertfelder relative to the proposed projects and status of the funding, especially with the State budget shortfall. Commissioner Pickard asked that consideration be given to including White Chief Road in Fish Camp in the next funding cycle. Commissioner Bibby listed several roads that she asked staff to review to determine if they would be eligible for this funding. Commissioner Turpin asked that consideration be given to exchanging a portion of Dogtown Road (from the intersection of Dogtown Road to Ernst Road toward the intersection of Dogtown Road and Texas Hill) for the Texas Hill project. Discussion was held. Input from the public was provided by the following: Ruth Sellers stated she will say “thanks” for the Mykleoaks Road” project when it happens. (M)Pickard, (S)Fritz, LTC Res. 08-4 was adopting approving the recommended road projects with the change as requested by Commissioner Turpin for Dogtown Road; staff was requested to bring back a list of road projects that would meet the criteria for this funding for the next cycle; direction was given to the County Administrative Officer and the Public Works Director to keep the Commission apprised of the possible suspension of Proposition 1B funds to meet the projected State budget cash flow shortage. Commissioner Bibby asked that information on the criteria used to recommend the projects be included for future discussions. Commissioner Turpin initiated discussion relative to funding for “self-help” counties and asked the County Administrative Officer to review. Ayes: Unanimous. ---PAGE BREAK--- 4 2-19-08 C) Adoption of the 2008 Regional Transportation Improvement Program (RTIP) and Direct Staff to Submit the RTIP to the California Transportation Commission (CTC) and CalTrans (Public Works Director) COMMISSION ACTION: Discussion was held with Dana Hertfelder and he advised that Option 1 includes 1.8 million dollars to finish the design and pay for the acquisition of right-of-way for the Old Highway bridge project, and that about five million dollars would be needed for the construction. He provided input on an alternative project that is being explored to work with the existing bridge location. He also noted that this is a State bridge. He recommended the projects listed in Option 2. Discussion was held. (M)Bibby, (S)Aborn, LTC Res. 08-5 was adopted adopting the RTIP with the Option 2 list of projects, with submittal to the CTC and CalTrans as recommended/Ayes: Unanimous. Consider Items Removed from the Consent Agenda Consent Agenda item 4 – Following discussion with Dana Hertfelder, item 4 was approved/Ayes: Unanimous. 12:54 p.m. Lunch 2:03 p.m. MARIPOSA COUNTY PUBLIC FINANCING CORPORATION Conduct Annual Meeting and Select Officers for 2008 (County Administrative Officer) Agenda BOARD ACTION: Rick Benson advised that this is the annual meeting of the Corporation. 1. Call to Order (Supervisor Bibby) 2. Election of Officers (M)Pickard, (S)Fritz, Supervisor Turpin was selected as President and Supervisor Fritz was selected as Vice-President/Ayes: Unanimous. 3. Public Comment – none. 4. Approval of Minutes (1-9-07) (M)Fritz, (S)Pickard, the minutes were approved/Ayes: Unanimous. 5. Report of Activities Rick Benson reviewed the status of the Certificates of Participation for the projects for FY 2006-07. (M)Bibby, (S)Aborn, the report was accepted as presented/Ayes: Unanimous. 6. Other Business – Supervisor Turpin noted that this could be an option for consideration for financing the new fire trucks. 7. Adjourn (M)Fritz, (S)Aborn, the meeting was adjourned at 2:12 p.m./Ayes: Unanimous. 2:13 p.m. Tony Radanovich, President - 6th Street Cinema; Approve a Letter Supporting the Rural Media Arts and Education Project’s (RMAEP) Efforts in Applying for a Grant through Senator Feinstein’s Office in the Amount of $300,000 from the Department of Interior and Environment and the National Trust for Historic Preservation to Assist in the Renovation of the Old Masonic Hall and Authorize the Board of Supervisors Chair to Sign the Letter BOARD ACTION: Rick Benson reviewed the request. Discussion was held relative to the draft letter. Input from the public was provided by the following: Tony Radanovich advised that he was present to answer any questions and that he was agreeable with modifications to the draft letter. Paul Chapman commented on the processing of the renovation and stated he felt that there are other historic buildings in the County that need renovation. (M)Aborn, (S)Fritz, Res. 08-65 was adopted approving the letter with changes as discussed/Ayes: Unanimous. Consider Items Removed from the Consent Agenda Consent Agenda item 7 – Following discussion, (M)Aborn, (S)Bibby, item 7 was approved/Ayes: Unanimous. ---PAGE BREAK--- 5 2-19-08 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: Rick Benson advised of his meeting with Kurt Vander Weide, new representative for Congressman Radanovich – Kurt will be able to attend the staff meeting on February 27th with the agencies and representatives of the elected officials, and he offered to invite a representative of the Governor’s office and will touch base with Senator Boxer’s office. Rick Benson advised that the meeting next week will be to discuss the environmental, fiscal, and any concerns about what can be done to change the temporary bridges to allow for full unrestricted traffic access; and he recommended that the Board continue the emergency. Supervisor Fritz advised that she has a meeting with the Friends of the River on Thursday in Sacramento. Supervisor Turpin noted the safety issues with the restricted access. Supervisor Aborn asked about Board members attending the February 27th meeting. Rick Benson noted that the Board agreed that this would be a staff level meeting, and he suggested that the Board members could attend to welcome everyone to kick off the meeting. The Board concurred with Supervisor Aborn and Chair Turpin attending at the beginning to welcome everyone to the meeting. Input from the public was provided by the following: Ruth Sellers advised of Kevin Cann’s comments on the meeting at the Lincoln Day dinner, and she questioned whether the public is invited to attend the meeting on February 27th. She also commented on the environmental assessment and procedures and stated she was disappointed with Congressman Radanovich’s recent comments. It was clarified that this is a staff level meeting and is not open to the public. (M)Aborn, (S)Bibby, Res. 08-67 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. 2:57 p.m. 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: 1 (County Counsel); and CLOSED SESSION: Conference with Legal Counsel: Anticipated Litigation: Significant Exposure to Litigation Pursuant to Subdivision of Government Code Section 54956.9; Name of Case to be Discussed: Hazel Green Ranch, LLC v. United States Department of the Interior, et al., Case No. 1:07- CV-00414-OWW-SWS (County Counsel) BOARD ACTION: (M)Fritz, (S)Aborn, the closed sessions were held/Ayes: Aborn, Turpin, Fritz, Pickard; Abstained: Bibby. 2:59 p.m. MARIPOSA COUNTY WATER AGENCY (Chair – Director Aborn; Vice-Chair – Director Turpin) A) Public Presentation – none. B) CLOSED SESSION: Conference with Legal Counsel: Anticipated Litigation: Significant Exposure to Litigation Pursuant to Subdivision of Government Code Section 54946.9; Number of Cases to be Discussed: 1 (County Counsel) AGENCY ACTION: (M)Bibby, (S)Turpin, the closed session was held/Unanimous. 4:22 p.m. Water Agency Chair Aborn announced that direction was given to staff as a result of the Water Agency closed session item. Chair Turpin announced that direction was received from counsel relative to the closed session matter concerning anticipated litigation; and he asked County Counsel to report the actions as a result of the closed session for the Hazel Green Ranch, LLC v. United States Department of the Interior; and Thomas P. Guarino advised that the following actions were taken in closed session: 1) adopt a position consistent with the defense of the Old Coulterville Road/Old Yosemite Turnpike as being a County road; and 2) authorization to execute the standard legal services agreement to retain the law firm of ---PAGE BREAK--- 6 2-19-08 Abbott & Kindermann to defend the County in the action. The Clerk of the Board announced that the vote on each of these actions was four ayes, with Supervisor Bibby voting no. CONSENT AGENDA CA-1 Approve the Mariposa County Data Backup/Recovery and Electronically Stored Information Policy (Technical Services Director); Res. 08-63 CA-2 Re-appoint Chuck Jones, Gale Banks, Roger Soulanille and Susan Baker to the Wawona Planning Advisory Committee for Terms Expiring February 28, 2010 (Supervisor Pickard) CA-3 Approve the Plan and Specifications for Bidding Purposes on Colorado Road, Project #07-13, and Authorize the Public Works Director to Award to the Lowest Responsible (Public Works Director); Res. 08-60 CA-4 Approve Budget Action Transferring Prop 40 Revenue from the Regional Recreation Complex Fund to Park Improvements Fund for the Catheys Valley Park Proposition 40 Project ($30,000) (4/5ths Vote Required) (Public Works Director); Res. 08-64 CA-5 Adopt a Resolution and Approve Tile Plaque Recognizing Gwendolyn Jean Foster on Her Retirement from Mariposa County Department of Public Works (Public Works Director); Res. 08-61 CA-6 Approve Certificates of Recognition to TDS Telecom and the Hornitos Patrons Club for their Assistance in Enhancing the Mariposa County Fire Department’s Emergency Medical Response in the Hornitos Community (Supervisor Bibby) CA-7 Approve a Grant Agreement with Yosemite Renaissance, Inc. in the Amount of $15,000 and Authorize the Board of Supervisors Chair to Sign the Agreement (County Administrative Officer/Personnel/Risk Manager); Res. 08-66 4:26 p.m. Adjournment in memory of Richard I. Cutter. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board LYLE TURPIN, Chair, Board of Supervisors