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Time Description 9:04 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)Fritz, all items were approved/Ayes: Unanimous. Chair Bibby; A) Present a Certificate of Appreciation to Phil Stepp for his Act of Heroism; and B) Proclaim the Week of April 16 – 20, 2007 as “Mariposa Clean and Proud” Week BOARD ACTION: There was no public input. Chair Bibby advised that the “Mariposa Clean and Proud” week proclamation will be rescheduled for April 24th for Chris Todd to be present and to extend the dates of observance for the proclamation. (M)Fritz, (S)Aborn, the Certificate of Appreciation was approved/Ayes: Unanimous. Frank Walker, who requested the recognition and wrote a recent story in the Mariposa Gazette, provided information on the details of the hang-gliding accident as relayed to him by Cliff Ransom. Mike Butler commented on the accident. The Certificate was presented to Phil Stepp. Public Presentation: For Items within the Jurisdiction of the Board and not on Today’s Agenda. Ruth Sellers complimented Supervisors Aborn and Fritz for their participation in the San Joaquin Valley Rail Committee meeting in Oakland. Board Information Supervisor Fritz advised that she attended the San Joaquin Valley Rail Committee meeting in Oakland on Friday with Supervisor Aborn and Leroy Radanovich, Tourism Director for the Yosemite/Mariposa County Tourism Bureau; and she advised that the luncheon was a taste-testing of tuna and chicken salads. The CalTrans’ attorney was directed to make the changes to the by-laws to allow Mariposa County to have membership on the Committee; and this will be on the next agenda for June 28, 2007, for the Committee’s meeting in Martinez. She advised that the Chamber of Commerce’s mixer will be held at Speedie Lube this evening. She attended the Gateway Communities meeting in Yosemite on Thursday with Supervisor Aborn and Rick Benson, County Administrative Officer. She plans to attend the San Joaquin Valley Regional Association of California Counties conference this week. She advised that they are looking for donations to provide lunch to the 783 students that plan to attend the Civil War Reenactment. MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA April 17, 2007 ---PAGE BREAK--- 2 4-17-07 Supervisor Pickard advised that SB 277, vehicle and gas tax legislation for the three counties without incorporated cities, was in Appropriations on Monday and placed in the suspense file; and they will continue their efforts to move this legislation forward. Earlier on Monday morning, there was discussion about SB 311, noxious weed funding. He attended the California Bio-Diversity Council meeting the previous week; and he advised of their discussion of OHV (off-highway vehicle) issues and visits to OHV parks. He also advised that they visited a historic vineyard that is on the San Andreas Fault. Supervisor Aborn advised that he attended the San Joaquin Valley Rail Committee meeting on Friday; and he advised that they met in an old metal building in Oakland. He advised that he had an emergency visit to John C. Fremont Hospital on Saturday and received stitches in his arm; and he complimented the staff for the treatment he received. He advised that he had a new foal born this morning. Supervisor Turpin advised that on Monday he attended the Don Pedro Community Services District meeting and the Station 26 Brigade meeting. On Wednesday he plans to attend a weed meeting at the Government Center; and he plans to attend a senior resource information meeting on Friday in Greeley Hill. Supervisor Fritz advised that the building for the San Joaquin Valley Rail Committee meeting was selected because the mock-up of the new galley, seating area, the elevator and the handicapped bathrooms that will be in the new trains could be displayed. Supervisor Bibby advised that she attended the First 5 meeting on Monday and they are gearing up for their grant awards through the Proposition 10 funding. She advised that she will be placing an item on the agenda relative to proposed legislation that would limit the Proposition 10 funding to health care versus the intent of the voters. On Wednesday, she plans to attend the Mother Lode Job Training Board meeting, and she wants to obtain more information on why they are showing the unemployment rate as being up by another percent. On Thursday, she plans to attend a citizens’ group meeting at the Airport. She also noted that unless she hears any objection, it is the intent to follow President Bush’s lead and fly the flags at half-mast until April 22nd in honor of the people that were killed at Virginia Tech on Monday. Supervisor Turpin advised that he and Norm Ross met with the Stanislaus National Forest Service last week concerning OHV issues. Kris Schenk, Planning Director; A) Adopt a Resolution Approving the Establishment of Mariposa County as a Certified Local Government as Provided in the National Historic Preservation Act of 1966 as Amended BOARD ACTION: Discussion was held with Kris Schenk, Megan Tennermann/Associate Planner, and Leroy Radanovich, representing the Historic Sites and Records Preservation Commission, relative to the request. Supervisor Bibby asked for a list of the regulations that have not been enforced, but would be affected by this proposal; and she asked what the staffing impacts would be. Supervisor Aborn asked about the status of the historic structures on the Moore/SPCA property. Further discussion was continued for the Local Transportation Commission to open its meeting. 10:22 a.m. The Local Transportation Commission meeting was convened by Chair Turpin; and it was continued until after the following item. Further discussion was held relative to the establishment of Mariposa County as a Certified Local Government. Input from the public was provided by the following: Ruth Sellers, member of the Historic Sites and Records Preservation Commission, advised of her tour through the structures on the Moore/SPCA property with Tom Phillips; and of his attempt to contact the Garber family to see of they had any interest in the structures. She also advised of a compliment that was recently received on the vault at the Mariposa Museum and History Center. Paul Chapman stated he feels this program is 30 years overdue and that a lot has been lost. He feels the locals will need to be involved. ---PAGE BREAK--- 3 4-17-07 Dick Hutchinson, representing the Mariposa Museum and History Center, advised that this program will help with their efforts to preserve the Counts house and its contents. Further discussion was held. It was noted that the program would make more opportunities available for restoration and could be of benefit to structures such as the 6th Street Cinema. (M)Pickard, (S)Turpin, direction was given to staff to move forward with developing the process for the establishment of the Certified Local Government Program in Mariposa County/Ayes: Unanimous. 10:34 a.m. Recess 10:44 a.m. LOCAL TRANSPORTATION COMMISSION (Chair – Commissioner Lyle Turpin, Vice-Chair – Commissioner Dianne Fritz) A) Public Presentation – none. B) PUBLIC HEARING Approve an Amendment to the 2002 Regional Transportation Improvement Program (RTIP) and Direct Staff to Submit the RTIP to the California Transportation Commission (CTC) and CalTrans (Public Works) COMMISSION ACTION: Dana Hertfelder, Public Works Director, presented the staff report and he reviewed the recommended road projects. He responded to a question from the Commission relative to the road projects for the Don Pedro subdivision. The public portion of the hearing was opened and input was provided by the following: Ruth Sellers asked for information on who makes and how the decisions are made to recommend the road projects; and whether there are any plans in the future to work on the roads in the Mykleoaks subdivision. Dana Hertfelder advised of their process; and he advised that when reviewing the status of the roads and making recommendations for projects, they take into consideration congestion mitigation, connectivity and traffic counts. The public portion of the hearing was closed and the Commission commenced with deliberations. Dana Hertfelder responded to questions from the Commission relative to consideration of speed and safety on the roads; and relative to other programs and funding and timeframes. Commissioner Turpin asked that staff work with each of the Commissioners on the roads for their respective districts and which projects would qualify for the various types of funding. (M)Bibby, (S)Fritz, LTC Res. 07-3 was adopted approving the amendment to the 2002 RTIP and authorizing its submittal as recommended/Ayes: Unanimous. The hearing was closed. 11:09 a.m. The Board of Supervisors reconvened. B) Consideration and Scheduling of Board of Supervisors’ Informational On-site Tour and Public Hearing Dates for the Seventh Day Adventist (SDA) Camp Wawona Redevelopment Project BOARD ACTION: Discussion was held with Kris Schenk. There was no public input. (M)Fritz, (S)Pickard, the Board agreed with scheduling an informational on-site tour on Wednesday, June 13, 2007, at 10:30 a.m.; and with scheduling the public hearing on Tuesday, June 19, 2007, at the Tenaya Lodge, for the SDA Camp Wawona redevelopment project. Thomas P. Guarino, County Counsel, advised that he would work with the Planning Director to put together a proposed schedule for the Board’s review and approval. Ayes: Unanimous. C) Approve a Professional Services Agreement with Patricia Nicholson to Prepare Senior-level Planning Staff Reports and Environmental Documents, LAFCo Studies and Other Planning Assignments on an “Outsourced” Basis to Assist Mariposa Planning Staff and Authorize the Board of Supervisors Chair to Sign the Agreement BOARD ACTION: Discussion was held with Kris Schenk. There was no public input. (M)Turpin, (S)Fritz, Res. 07-144 was adopted approving the agreement/Ayes: Unanimous. John Davis, Building Director; Discussion and Recommendation to Schedule a Hearing to Consider Increased Building Department Fees ---PAGE BREAK--- 4 4-17-07 BOARD ACTION: Discussion was held with John Davis relative to the request, and he advised of his meeting with the Building Contractors Association and of their support. There was no public input. (M)Fritz, (S)Aborn, the Board approved setting the public hearing to consider increasing the Building Department fees/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, County Administrative Officer, advised of the following: - he spoke with the road issues expert (Graham Hill) referred by Congressman Radanovich, and he will submit a proposal for helping with this matter; - he is contacting a person recommended by Supervisor Pickard from RCRC (Regional Council of Rural Counties) with extensive background with the State and road funding; - this morning he received a telephone call from Congressman Radanovich – he was checking to see how things are going with this project and he asked to be kept updated; - the Park Service is having a socio-economic study done for other road projects, and the firm has done a lot of the ground work that is necessary for this project, and they are preparing a proposal for the County; - he received information last week that people were in town surveying the businesses for a socio-economic study being done by Parsons under contract with CalTrans – he met with the surveyors and gave them a draft report of the impacts of the slide; - last Thursday on his way to Yosemite for the Gateway Communities meeting, he noticed that CalTrans had a large survey crew at the rockslide; and - he recommended that the local emergency be continued as there is still not a permanent solution in place. Discussion was held. Supervisor Turpin asked that CalTrans provide a flow chart for the work on this project. There was no public input. (M)Fritz, (S)Pickard, Res. 07-145 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. Supervisor Pickard advised that he would pass along the request for the flow chart to CalTrans in the next telephone conference call. Ayes: Unanimous. Adopt a Resolution Urging Congress to Amend Federal Law to Allow Federal Financial Participation in Providing Medical Benefits to Incarcerated Individuals Until Convicted and Sentenced to Secure Detention (Supervisor Fritz) BOARD ACTION: Supervisor Fritz initiated discussion. There was no public input. (M)Pickard, (S)Aborn, Res. 07-146 was adopted as recommended/Ayes: Unanimous. 11:52 a.m. CLOSED SESSION: Conference with Real Property Negotiator; Description of Real Property: 4988 11th Street; Agency Negotiator: Thomas P. Guarino; Name of party who will Negotiate with County (Not Party’s Agent): Barbara Jean Spear and Thompson/Spear Family Trust; Closed Session will Concern Price and Terms of Lease/Purchase (County Counsel) (Continued from April 10, 2007); and CLOSED SESSION: Conference with Real Property Negotiator; Description of Real Property: Mariposa County Unified School District Recreation Fields; Agency Negotiator: Thomas P. Guarino; Name of Party who will Negotiate with County (Not Party’s Agent): Superintendent/Mariposa County Unified School District; Closed Session will Concern Price and Terms of Lease/Purchase (County Counsel) BOARD ACTION: There was no public input. (M)Turpin, (S)Fritz, the closed sessions were held/Ayes: Unanimous. 12:27 p.m. Chair Bibby announced that information was received and direction provided to the negotiator for each of the closed session matters. ---PAGE BREAK--- 5 4-17-07 CONSENT AGENDA: CA-1 Approval of Minutes of March 20, 2007, Regular Meeting Approval of Minutes of March 27, 2007, Regular Meeting and Approval of Minutes of April 3, 2007, Regular Meeting (Clerk of the Board) CA-2 Approve Pesticide Application Reporting Agreement No. 07-0020C for Fiscal Year 2007/2008 with California Department of Pesticide Regulation (CDPR) and Authorize the Board of Supervisors Chair to Sign the Agreement (Agricultural Commissioner); Res. 07-137 CA-3 Authorize the Fire Chief to Apply for the Fiscal Year 2007 Emergency Management Performance Grant from State Office of Emergency Services (Fire Chief); Res. 07-138 CA-4 Approve Budget Action Transferring Funds within the Tourism/Economic Development Budget Unit to Pay for an Outstanding Web Service Invoice ($1,000) (County Administrative Officer/Personnel/Risk Management); Res. 07-139 CA-5 Approve Budget Action Transferring Funds within the Recorder’s Modernization Fund to allow for the Purchase of the Recording/Cashiering System Upgrade ($16,400) (Assessor/Recorder); Res. 07-140 CA-6 Approve an Agreement with the State of California for Lease of Communications Vault Rack Space for Two Repeater Radio Channels Located on Penon Blanco Peak (Sheriff); Res. 07-141 CA-7 Approve Budget Action Increasing Revenue and Appropriations in the Don Pedro Bond Administration Fund, to Account for Bond Fees and Expenses Related to Delinquency Notices (4/5ths Vote Required) ($4,150) (Treasurer/County Clerk/Tax Collector); Res. 07-142 CA-8 Authorize the Public Works Director to Execute the Supplemental Lease Agreement with the USDA Forest Service for Relocated Facilities at the Mariposa-Yosemite Airport (Public Works Director); Res. 07-143 12:28 p.m. Adjournment in memory of Wanda Jean Brown, Doug Flick, and Ruth Ann Greenamyer. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board