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Folder Time Description 9:05 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Introductions Chair Bibby; Resolution and Tile Plaque Recognizing Jim Allen Upon his Retirement as Mariposa County Sheriff/Coroner/Public Administrator BOARD ACTION: Turpin Aborn, Res. 08-1 was adopted and presented to Jim Allen along with a tile plaque/Ayes: Unanimous. Chair Bibby also presented a “Statement by the Honorable George Radanovich before The House of Representatives”, dated December 30, 2007, honoring James Allen. Jim Allen thanked everyone including his family and staff. 9:20 a.m. Recess 9:35 a.m. Selection of Chair for 2008 BOARD ACTION: Pickard, Fritz, Supervisor Turpin was selected as Chair/Ayes: Unanimous. Selection of Vice-chair for 2008 BOARD ACTION: Pickard, Turpin, Supervisor Fritz selected as Vice-Chair/Ayes: Unanimous. Presentation of Gavel Plaque to Supervisor Bibby for Serving as Chair for 2007 BOARD ACTION: Chair Turpin presented the Gavel Plaque to Supervisor Bibby. Approval of Consent Agenda (See End of Agenda) 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: Supervisor Bibby pulled item CA-1 to note the Board of Supervisor’s support of UC Merced’s efforts to plan and establish a School of Medicine in the San Joaquin Valley. Bibby, Fritz, item CA-1 was approved/Ayes: Unanimous. Supervisor Turpin pulled CA-8, following discussion with Fire Chief Jim Wilson regarding a $740,000 grant award to Mariposa County Fire Department. Pickard, Fritz, item CA-8 was approved/Ayes: Unanimous. Fritz, Bibby, the balance of the items was approved/Ayes: Unanimous. Public Presentation: For Items within the Jurisdiction of the Board and not on Today’s Agenda. Ruth Sellers addressed the Board regarding the status of the High Speed Rail issue of the Altamont vs. Pacheco Pass route and the Environmental Impact Report. MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA January 8, 2008 ---PAGE BREAK--- Page 2 1-8-08 Rick Uebner, member of the Catheys Valley Planning Advisory Committee, addressed the Board regarding his concerns of the long range intent of Coyote Springs Ranch and the General Plan. Cathie Pierce of Catheys Valley, commented on a recent newspaper article regarding a meeting of Coyote Springs Ranch, in which she spoke to Supervisor Turpin who stated the article is not accurate. She felt that Supervisor Bibby should have been invited as well as a representative from the Planning Department, and she stated that if the newspaper has not printed what actually happened, the newspaper should retract it and print the correct information. Paul Chapman addressed the Board regarding the Coyote Springs Ranch Public Hearing, the Brown Act and the Maddy Act. Lou Cordero addressed the Board regarding his concerns of the lack of water on his property and requested the Board look at the water and road situations prior to issuing anymore permits or approving anymore projects. Joe Simon of Catheys Valley presented a letter from Carolyn Wenger Korn expressing her concerns about a meeting recently reported in the Gazette in regards to Coyote Springs Ranch. He then presented a letter expressing his concerns regarding meetings conducted without the Supervisor of that particular district. Linda Meyer, member of the Agriculture Advisory Committee, addressed the Board with her concerns of decisions being made regarding Coyote Springs Ranch. She then stated that Cathi Boze and herself had requested to meet with the owners of Coyote Springs Ranch and were turned down. Board Information Supervisor Bibby extended an apology to her constituents regarding not attending the meeting held by Coyote Springs Ranch, advising that she had no knowledge of the meeting until she read the paper. She spoke to Kris Schenk, Planning Director whose understanding was that it was a meeting of approximately six months ago. She contacted Supervisor Turpin who informed there was a meeting a week before the appeal, the people present were County Counsel, himself, Ken Baker and Theresa Castaldi and was merely clarifying the third letter written by Kris Schenk. She advised that she met with Theresa Castaldi prior to her filing an appeal. She stated she likes to see the full appeal process with public input and staff presentation. She advised that she would be touring UC Merced this Thursday, if there is any public comment to present to the Chancellor please let her know and she will present it at that time. The First Five of Mariposa County meeting will be held on Monday on discussion of a grant being submitted that will fund three preschools if it is awarded. Supervisor Turpin advised that the 10:00 a.m. public hearing will be continued until after Board Information. Thomas P. Guarino, County Counsel responded regarding Coyote Springs Ranch comments, advising of a possible misunderstanding caused by the reporting in this case as to what actually occurred. The Planning Director issued three determinations, the first determination Coyote Springs Ranch appealed, after the Board of Supervisors met and provided policy direction on a Permitted Use for guest ranches. The Planning Director issued a second determination requesting additional information from Coyote Springs Ranch. After that information came in, Kris Schenk, the Planning Director, issued a third determination superceding the prior two determinations, which at that time were both on appeal. After that, Coyote Springs Ranch apparently requested a meeting with Supervisor Turpin. He concurred with Supervisor Bibby that it does occur that another Supervisor is sought out after not receiving the desired response. It happens and we meet at their request. He clarified that during these meetings, no decision can be made. Coyote Springs Ranch was told they would have to appeal the new decision because it superceded the previous two. At that time Coyote Springs Ranch elected to withdraw the appeals. He spoke of what was told at the meeting, then clarified what the Planning Director’s determination was and stated this information was conveyed to Coyote Springs Ranch. Kris Schenk was declined when he offered to be at the Coyote Springs Ranch meeting with County Counsel and Supervisor Turpin. Supervisor Bibby clarified that any meeting she has had with County Counsel was for discussion only and that she has not met with Frank Long regarding the pending appeal. Supervisor Aborn stated that the General Plan gives an overview that is not to be ignored. We have and rely upon the Williamson Act in which we almost lost recently. The Williamson Act is a great benefit to the ranchers. He stated that as for Kris Schenk not attending the meeting, this input came from ---PAGE BREAK--- Page 3 1-8-08 Coyote Springs Ranch and he is disappointed in the Gazette and feels it is showing bias. He advised that he met with Ken Baker and saw the plot plan showing phase I on his desk. He feels that the dude ranch concept done properly is good for Mariposa County. He advised that they should proceed one step at a time and protect the Williamson Act and the General Plan in regards to Agri-Tourism. Supervisor Fritz will be unable to attend a forum Gateway Partners meeting in Yosemite; she will be attending the High Speed Rail Committee meeting on Friday and will also be attending the YARTS meeting the Monday, the 14th. She is looking forward to a great calendar year. Supervisor Pickard, echoed Supervisor Fritz in looking forward to a great calendar year; hoping everyone had a good holiday and wished everyone a great 2008. He advised of the legislature that started work yesterday in Sacramento with the budget deficit and other issues that will affect many counties. They will balance a $3 billion deficit and after July 1st another deficit of approximately $10 billion. He advised that we will need to be vigilant in protecting those revenues and are going to have to ask our own legislature to look at their own budget and try to come to terms with balancing without putting undue stress on local government. Supervisor Turpin says he is aware of the concerns of those funds. He wished everyone a Happy New Year. He advised that the winter brings other issues. He thanked Public Works and all the volunteers for their hard work regarding road issues. He also thanked PG&E for a good job keeping the power going in the North County during the last storm. He advised that the Off Highway Vehicle Route comment period ends on the 18th and Norm Ross, retired Planning Commissioner, will attend the meeting with him and document the concerns which he will bring to the Board next week. We have great support staff and we have some major things to look at this year in all parts of the county. Supervisor Fritz commented that Charlie Phillips, a local photographer got his photos into the news which helps in keeping Mariposa in public view. Supervisor Turpin advised that a contract could be ready as early as mid summer for the Ferguson Rock Slide. Supervisor Aborn advised that yesterday and last night there were rock slides at Briceberg; the road was closed for a short period but is reopened at this time. The Ferguson Rock Slide was moving about a ¼ inch a day. 10:40 a.m. Dana Hertfelder, Public Works Director; PUBLIC HEARING Regarding Fees Charged in the Coulterville Service Area for Water and Sewer Service; Approval of Option #1 of the Proposed Fee Schedule BOARD ACTION: Dana Hertfelder advised that Public Works is recommending Option 1, and reviewed the fee schedule in regards to the property tax. Supervisor Bibby requested clarification regarding the Water Agency possibly forgiving the loan, commenting that it was the Water Agency that said the loan should not be forgiven. Dana Hertfelder stated the difference of forgiving or not forgiving the $129,000 loan is $7.00 a month. Supervisor Bibby questioned the 3% consumer index increase. Carl Casey advised this is a common rate increase. Supervisor Bibby asked if this would be brought back. Carl Casey stated this could be brought back to the Board for review if this fee increase ends up being an overcharge to the public. PUBLIC HEARING WAS CONTINUED TO COULTERVILLE AT 2:00 p.m. Supervisor Bibby advised that she has a Mental Health Board meeting at noon and will meet the Board in Coulterville for the 2:00 p.m. Public Hearing. 10:50 a.m. Keith Williams, County Clerk; PUBLIC HEARING to Request Approval and Adoption of the County Clerk’s Fee Schedule Increasing Fees for Marriage Licenses and Fictitious Business Name Statements and Increase and Implement Fees for Other County Clerk Services. BOARD ACTION: Keith Williams advised that the fees have not been raised in a long time and he is here to take questions. Supervisor Pickard asked if these are all of the fees that the County Clerk has jurisdiction over and can be reviewed by the Board. Keith Williams stated he has outlined the fees that could be increased in page one of the staff report. Supervisor Aborn requested clarification of a ---PAGE BREAK--- Page 4 1-8-08 Confidential Marriage License. Keith Williams responded. Supervisor Bibby asked if he has received any input from the public. Keith Williams responded no. He also stated that there is new software that they are hoping to obtain with these fees. Supervisor Pickard asked what the basis was in coming up with these fees increases. Keith Williams advised that he looked at software needs, paper, salaries, overhead, supplies, time and equipment cost. He stated that the computers will have to be replaced with their own funds. Supervisor Turpin requested clarification regarding other County Clerk fees. Keith responded, it is people from other countries that are receiving pensions. There was no public input. Supervisor Bibby asked why cash only for a Confidential Marriage License. Keith Williams responded that there are a lot of out of state and foreign country requests which would cause an increase in returned checks and in using this procedure it keeps everything consistent. Supervisor Fritz asked if there are a lot of after hour’s requests. Keith Williams responded no, these fees are set up to cover all bases in the event that someone would request a wedding on a weekend or after hours. Fritz, Bibby, Res. 08- 9 was adopted approving the fee schedule increasing fees for Marriage Licenses and Fictitious Business Name Statements and increasing and implementing fees for other County Clerk services/Ayes: Unanimous. Discussion and Possible Further Action Regarding Continuation of the Local Emergency Due to Landslides on Highway 140 Enroute to Yosemite National Park (County Administrative Officer) BOARD ACTION: Rick Benson advised that Caltrans has closed the comment period regarding suggested fixes for Highway 140 and that we are now in the second phase. Supervisor Bibby advised that she spoke to Kome Ajise who said there was a lot of water taken in during the last storm and it has to dry out before they can assess any possible further damage. Kome Ajise also advised Supervisor Bibby that Caltrans is going through the individual comments and will address them. Supervisor Bibby stated that the Board has received a letter from National Park Service and it is available to the public if they would like a copy. She then read the letter into the record. Supervisor Pickard asked Rick Benson and Tom Guarino what the authority provides relative to county right of way, and would like to see how the county can be more instrumental to possibly move ahead with minor fixes. He asked that they bring this information back to the Board next week. Supervisor Bibby advised that the news was reporting Highway 41 closed due to stormy weather and were advising people to use the all weather access which is 140. We need to protect access to Yosemite National Park so people can get in and out. Supervisor Turpin reiterated the importance of Highway 140. Supervisor Pickard requested that staff also research a declaration in a State of Emergency in regards to a possible bold way to get the Highway fixed. Also perhaps pull all of the emergency services and see what the impact has been over the past 18 months, it would be important to provide this information to legislature regarding possible public health and safety impacts. Supervisor Turpin would like to see documentation of the correspondence between Caltrans and the Government. Fritz, Pickard, Res. 08-10 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. Discussion and Approval of the County’s 2008 Legislative Platform (County Administrative Officer/Personnel/Risk Manager) BOARD ACTION: Rick Benson advised that the Board’s primary concern during the upcoming legislative session is to support and encourage legislation and State and Federal intervention to enable rapid repairs to State Highway 140 in order to allow full access to all vehicles in and out of Yosemite National Park. Supervisor Bibby commented that the Williamson Act is also included in this platform. Further discussion was held. Fritz, Aborn, Res. 08-11 was adopted approving the County’s 2008 Legislative Platform/Ayes: Unanimous. Adopt a Resolution Assigning Responsibility for Annual Audits and Annual Statistical Financial Reports to the County Auditor (County Administrative Officer/Personnel/Risk Manager) BOARD ACTION: Rick Benson provided input on Government Code Section 25250 and 25253 giving the Board of Supervisors responsibility for seeing that audits and annual financial reports are produced. He advised that over the years the Auditor has been assigned these responsibilities as Legislature has allowed. The Board has the option to take this responsibility back at any time. The Auditor concurs with this recommendation. Under discussion Supervisor Bibby asked if there are any changes as to how we ---PAGE BREAK--- Page 5 1-8-08 will receive the report from the Auditor. Rick Benson responded that the only change he would propose for next year’s budget is to move the Budget Unit under the Auditor. He then described the process that will occur. Aborn, Bibby, Res. 08-12 was adopted assigning responsibility for annual audits and annual statistical financial reports to the County Auditor/Ayes: Unanimous. 11:45 a.m. CLOSED SESSION: Conference with Legal Counsel: Existing Litigation: California Government Code Section 54956.9(a); Name of Claimant or Case Number and Name of Adverse Parties: Citizens for the Protection and Preservation of Wawona v. Mariposa County Board of Supervisors (County Counsel); and 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 Administrative Officer/Personnel/Risk Manager and County Counsel) BOARD ACTION: Pickard, Fritz, the closed session was held/Ayes: Unanimous. 12:10: p.m. Chair Turpin announced that information was received as a result of the closed session. INFORMATION: – No action was necessary on the following: Judgment has been Entered in the Case of County of Mariposa v. All Persons Interested in the Matter of the Issuance and Sale of Bonds for the Purpose of Refunding Certain Obligations Owed by the County of Mariposa to the California Public Employees’ Retirement System Under the Public Employees’ Retirement Law (County Counsel) 12:12 p.m. Lunch 2:00 p.m. The Board reconvened at the Coulterville Community Hall at 10327 Cemetery Street. Chair Turpin led the pledge, introduced the Board, staff and the new Sheriff, Brian Muller. Public Presentation: For Items within the Jurisdiction of the Board and not on Today’s Agenda. Concerns were provided by a member of the public regarding junk yards. Jim Upperman, resident of Coulterville, expressed his concerns regarding bio fuel and advised that he has donated 2 trucks for this purpose. He then spoke of the future of Coulterville youth in allowing them to convert vehicles to bio fuel and hopes the Board will consider this. 2:10 p.m. The Board met in continued meeting from 10:00 a.m. today for PUBLIC HEARING regarding fees charged in the Coulterville Service Area for water and sewer service and approval of Option #1 of the proposed fee schedule BOARD ACTION: Dana Hertfelder presented background information regarding the need and the cost analysis of the proposed fee increase for sewer and water. In addition, he advised that there is a hook up fee that was not included in the original packet prepared for the Board. Dana Hertfelder discussed the previous meetings and issues and discussed all charges involved in this project and of the bond debt owed to the Water Agency. He described the options on the table. Discussion was held with regarding the sewer hook up and the stand by fees. Following discussion, it was clarified that the losses have been covered by budget action transferring funds from the Utility Fund. Public input was received from the following A member of the audience opposed Option 1. Chris Morrey Opposed Option 1, stating he finds nothing in the staff report prior to 2002. Ann Stewart opposed Option 1, and suggested the Board hire someone in Coulterville to read the meters. Jim Upperman opposed Option 1, and advised that he and a friend have volunteered to read the meters in Coulterville. Mary Pike opposed Option 1 saying that people can’t afford the rates to double. Mike Ward opposed Option 1 Magnum Godfrey opposed Option 1, and suggested increasing the fees slowly. Scott Godfrey opposed Option 1. ---PAGE BREAK--- Page 6 1-8-08 A member of the audience opposed Option 1, suggesting the possibility of using solar panels and composting toilets. Gale Titon opposed Option 1, but supports Option 4. Peter Shimmelfennig, owner of Hotel Jeffery, provided input. Steven Huff, Brewsky building owner, opposed Option 1, suggesting that because the area is struggling the fees should come from the General Fund. A member of the audience opposed Option 1 and asked for clarification of the forgiveness process. Carl Casey responded. Magnum Godfrey spoke regarding the selling of water to Merced. Jim Upperman asked if the off-season could offset the fee based on transient rental fees. Wayne Bullis opposed Option 1, commenting that part of the Merced River belongs to the North County. Member of the audience opposed Option 1, suggesting the Board take a look at the sewer pond and asked if the Board would come to Coulterville at night once a month due to people that work during the day. Steve Huff stated that he would like to have the Board back maybe a couple of times a year. He thanked the Board for coming today. Carl Casey read a letter into the record from James Johnson opposing Option 1. Gordon Casha opposed Option 1 but supports a slow rate increase. Further discussion was held relative to implications of phasing in the increases and other options, Water Agency grants and loans, bonds, interest, future costs of equipment and the current staff report being based on a three year projection that is just enough to make this a self sufficient community and no more. Pickard Aborn, Res. 08-13 was adopted approving the fee schedule with a three year phasing and direction to bring the item back to the Water Agency to request a $43,000 grant to cover the estimated deficit/Ayes: Aborn, Turpin, Fritz, Pickard; Noes: Bibby. Following discussion, motion was amended to begin fee increase starting February 1, 2008, with subsequent increases on July 1, 2008 and July 1, 2009, motion approved as amended by maker. Under further discussion, this issue will be reviewed annually in the future. CONSENT AGENDA CA-1 Adopt a Resolution Encouraging the University of California, Board of Regents to Support UC Merced’s Efforts to Plan and Establish a School of Medicine in the San Joaquin Valley (Supervisor Fritz); Res. 08-3 CA-2 Approval of Summary of Proceedings of December 18, 2007, Regular Meeting (Clerk of the Board) CA-3 Approve the Annual Membership Certification for the Local Child Care Planning Council and Authorize the Board of Supervisors Chair to Sign the Certification (Human Services Director); Res. 08-4 CA-4 Re-appoint Art Mimler to Continue Serving as a Member of the Mariposa County Coordinating Council for the Developmentally Disabled for a Term of Three Years, Expiring on January 8, 2011 (Human Services Director) CA-5 Accept the Resignation of Judy Freitas, Parent Representative to the Mariposa County First 5 Commission (Human Services Director) CA-6 Appoint Jill Harry as the Parent Representative to the Mariposa County First 5 Commission for a Term of Three Years, Expiring January 8, 2011 (Human Services Director) ---PAGE BREAK--- Page 7 1-8-08 CA-7 Approve an Amendment to Agreement with Abbott & Kindermann, LLP, to Provide Specialized Services for the Legal Defense of the Camp Wawona Redevelopment Project and Authorize the Board of Supervisors Chair to Sign the Amendment (Planning Director); Res. 08-5 CA-8 Authorize the Fire Chief to Sign the 2007 FEMA Assistance to Firefighters Grant (AFG) Increasing Revenue and Appropriations by $183,670 and Transferring Funding from the Fire Budget to the Fire Grant Budget $8,837 to Offset the Match Requirements (4/5ths Vote Required) (Fire Chief); Res. 08-2 CA-9 Approve a Resolution Authorizing Submission of the Youthful Offenders Block Grant (YOBG) and Approving Budget Action Increasing Revenue and Appropriations in the Amount of ($58,500) for the YOBG from the Corrections Standard Authority for a Juvenile Intensive Supervision Program (4/5ths Vote Required) (Chief Probation Officer); Res. 08-6 CA-10 Re-appoint Kathleen Pfeffer for District I to the Building Department Advisory and Appeals Board for a Term Coinciding with the Supervisor of District I (Building Director) CA-11 Approve Apple Moth (LBAM) Trapping Agreement No. 06-0830 for the Period of March 1 – June 30, 2007 with California Department of Food and Agriculture (CDFA) and Authorize the Board of Supervisors Chair to Sign the Agreement (Agricultural Commissioner); Res. 08-7 CA-12 Approve a Budget Action Transferring Funds within the Tax Collectors Cost Fund to Cover Unanticipated Publication and Professional Services Costs ($5,531) (Tax Collector); Res. 08-8 4:40 p.m. Bibby Fritz, the Board adjourned in memory of Alvin Pliny Bean, Arthur Lee Red, Jr., John Calvin Barton, Lillian Wagner, James “Jimmy” Russell Wass and Rosalyn Savage/Ayes: Unanimous. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board BY: TRACY GAUTHIER Deputy Clerk to the Board LYLE TURPIN Chair, Board of Supervisors