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MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA June 7, 2005 Time Description 9:12 a.m. Meeting Called to Order at the Mariposa County Government Center Ricky Hess, Eagle Scout, led in the Pledge of Allegiance. Introductions Bob Pickard, Chairman; A) Approval and Presentation of Letter Recognizing Ricky Hess, for Obtaining the Rank of Eagle Scout BOARD ACTION: (M)Bibby, (S)Fritz, the letter of recognition was approved and presented to Ricky Hess/Ayes: Unanimous. Ricky thanked former Supervisor Doug Balmain and the County for its support of his flag retirement ceremony project. B) Presentation by Jeane Hetland, Executive Director and Karen Rust, School Readiness Coordinator of the First 5 Commission of Mariposa County BOARD ACTION: Jeane Hetland reviewed the organization and programs of the First 5 Commission. Karen Rust reviewed the status of the Greeley Hill Pre-School program and plans to expand to other areas in the County. Board members thanked Jeane and Karen for the informative presentation. 9:56 a.m. Recess Public Presentations: For Non-Timed Agenda Items including Attention, Information, and Consent Agenda, and for Items Not on the Agenda Paul Chapman provided input relative to Consent Agenda item 16; and he stated he feels that the owner of the explosives should be responsible for the damage caused by the detonation. He also questioned the amount of the claim itself and whether it included remodel expenses. Paul referred to Consent Agenda item 2, and he stated he feels that other roads should be looked at, especially in the lower elevations of the County, for repairs from the flood damage. He noted that there are only a few roads and that they serve private property. Board Information Supervisor Fritz advised that she attended the annual Fish and Game Flea Market. She announced that a 4th of July event planning meeting will be held on Wednesday. She noted that the Wagon Train event is scheduled for this coming weekend. She also advised that Dieter Dubberke has been awarded the “Excellence in Business” award for the Mariposa area, and a ceremony will be held in Fresno on June 22nd, and she is trying to get people from Mariposa to fill a table for the event. Supervisor Stetson advised that the “Mountain Mutt” event is scheduled for Saturday at the Fairgrounds. On Wednesday, he plans to attend the Mountain Valley Emergency Medical Services Agency meeting at the Government Center. Yosemite West Advisory Committee is scheduled to meet Monday in Wawona. He reported that he attended the National Association of Counties (NACO) conference in Seattle, and he advised of the issues that were discussed – cooperative agencies, gateway communities, transportation, and methamphetamine problems. ---PAGE BREAK--- 6-7-05 2 Supervisor Bibby presented the Board with a certificate that was presented at the “Mountain Mutt” event for the County’s support. She noted that she was a judge for the event and that Supervisor Stetson was the emcee. She advised that she has a Mental Health Board meeting at noon this date. She advised that she plans to attend the Foreign Trade Zone meeting in Fresno on Wednesday, and the High School award banquet, and the Airport Advisory Committee meeting. She also provided input on the information that was received relative to the median household income statistics that were provided to the Board during its meeting of May 24th, and she advised that the figure that was used was for a family of four. She also advised that she attended the Mother Lode Job Training meeting on Thursday. Supervisor Turpin advised that he attended the CSAC Agricultural and Natural Resources Policy Committee meeting on Wednesday, and he reviewed the issues that were discussed – wildland fire fighting and costs, Forest Service wilderness issues, State Water Plan, and hospital funding issues. Supervisor Pickard provided input relative to Forest Service issues involving the Sierra National Forest, and asked whether Supervisor Turpin has been working with the Stanislaus National Forest on these issues. Discussion wad held. Approval of Minutes 4-26-05, Regular Meeting; Approval of Minutes 5-3-05, Regular Meeting; and Approval of Minutes 5-10-05, Regular Meeting BOARD ACTION: (M)Stetson, (S)Fritz, the minutes were approved/Ayes: Unanimous. Approval of Consent Agenda (See End of Minutes) BOARD ACTION: Supervisor Bibby pulled items 2, 4, 5, 6, 14, 15, and 16. Supervisor Turpin pulled items 2, 4, and 11. (M)Fritz, (S)Stetson, the balance of the items was approved/Ayes: Unanimous. Consent Agenda item 2 – Supervisor Bibby initiated discussion relative to the status of road repairs and continuing damages as a result of the March 2005 flooding. She noted that not all of the repairs are holding, and she noted that the School District has stopped bus service on Ben Hur Road in part because of the road conditions. Discussion was held relative to the timeframes and process with Dana Hertfelder, Public Works Director. Supervisor Turpin reiterated previous concerns relative to getting the road crews fully staffed. (M)Bibby, (S)Turpin, item 2 was approved/Ayes: Unanimous. Consent Agenda item 4 – Supervisor Bibby asked whether there is a funding obligation with this action, and she noted that the date in the Resolution needs to be corrected. Rich Inman, County Administrative Officer, advised that there is no funding obligation. (S)Stetson, (S)Fritz, item 4 was approved with the date to be corrected in the Resolution/Ayes: Unanimous. Consent Agenda item 5 – Supervisor Bibby confirmed that the application was withdrawn. Kris Schenk, Planning Director, provided input relative to the status of this project. (M)Bibby, (S)Stetson, item 5 was approved/Ayes: Unanimous. Consent Agenda item 6 – Supervisor Bibby initiated discussion. Rick Peresan, Technical Services Director, responded to the questions and advised that the services have been performed and the problem has been corrected. (M)Bibby, (S)Stetson, item 6 was approved/Ayes: Unanimous. Consent Agenda item 11 – Supervisor Turpin initiated discussion and asked for information on the number of homes that still need to be addressed, and he asked the County Administrative Officer to obtain information on this matter. (M)Turpin, (S)Fritz, item 11 was approved/Ayes: Unanimous. Consent Agenda item 14 – Supervisor Bibby initiated discussion and advised that section 8.01 of the agreement is from an old version of the agreement form; and requested that the social security numbers not be included in public documents. Tom Guarino, County Counsel, responded to the concerns, and he advised that he will remind the departments to use the current forms and he will review the social security number issue. (M)Bibby, (S)Stetson, item 14 was approved, with the correction to section 8.01/Ayes: Unanimous. Consent Agenda item 15 – Supervisor Bibby initiated discussion, and advised that she still has concerns about not defining the current level of services and costs. She also questioned the January 20, 2005 date in the agreement versus today’s date. She asked for clarification of the use of Board of Trustees and Office of Education in one of the agreements, and she asked whether the publication costs should be specific to ordinances. (M)Fritz, (S)Stetson, item 15 was approved, with the use of today’s date in the agreement/Ayes: Stetson, Turpin, Fritz, Pickard; Noes: Bibby. ---PAGE BREAK--- 6-7-05 3 Consent Agenda item 16 – Supervisor Bibby initiated discussion and advised that she still has questions relative to the law enforcement report and the number of windows that were replaced, and the checks that were written versus the claim amount. She also asked whether the property owner of the mine has responsibility in this matter. Rich Inman, County Administrative Officer, advised that would be a separate issue from this claim and he would work with County Counsel. (M)Turpin, (S)Stetson, item 16 was approved/Ayes: Stetson, Turpin, Fritz, Pickard; Noes: Bibby. Lyle Turpin, Supervisor District II; Discussion and Approval of Mariposa County Concerns regarding Bureau of Land Management (BLM) Resource Management Plan BOARD ACTION: Supervisor Turpin initiated discussion relative to the proposed comments and concerns regarding the BLM Resource Management Plan. Chairman Pickard suggested that the response be submitted with a cover letter from the Board. (M)Bibby, (S)Turpin, Res. 05-242 was adopted approving the response. Further discussion was held. The motion was amended, agreeable with the maker and second, to reword the sentence relative to dealing with isolated parcels. Ayes: Unanimous. Dana Hertfelder, Public Works Director; A) Adopt a Resolution Designating the Public Works Director as the Authorized Agent to Execute an Application and File it in the Office of Emergency Services for the Purpose of Obtaining Certain Federal Financial Assistance BOARD ACTION: Following discussion with Dana Hertfelder, (M)Bibby, (S)Turpin, Res. 05-243 was adopted approving the recommended action/Ayes: Unanimous. B) Adopt a Resolution Authorizing the Chair of the Board of Supervisors to Execute a Takeover Agreement between the County of Mariposa and St. Paul Fire and Marine Insurance Company to Complete Construction of the Yosemite West Wastewater Treatment Facility Project BOARD ACTION: Discussion was held with Dana Hertfelder. Supervisor Bibby asked if the agreement should be signed by the Chair versus the Public Works Director; and she noted that there are blanks in the agreement that need to be filled in. Dana advised of the information to be inserted in the blanks in the agreement. (M)Stetson, (S)Fritz, Res. 04-244 was adopted authorizing the Chair to sign the agreement and with the blanks to be filled in as discussed/Ayes: Unanimous. Waive Second Reading and Adopt an Ordinance Amending Section 18.04.040 of Chapter 18.04 of the Mariposa County Code Entitled, “Right to Agricultural Activity” (County Counsel) BOARD ACTION: (M)Turpin, (S)Fritz, the second reading was waived and Ordinance No. 1018 was adopted. The Clerk of the Board read the Ordinance title and number into the record. Ayes: Unanimous. Waive Second Reading and Adopt an Ordinance Amending Section 6.16.020 of Chapter 6.16 of the Mariposa County Code Entitled, “Barking Dogs – Public Nuisance” (County Counsel) BOARD ACTION: (M)Bibby, (S)Stetson, the second reading was waived and Ordinance No. 1019 was adopted. The Clerk of the Board read the Ordinance title and number into the record. Ayes: Unanimous. Discussion and Possible Further Action Regarding the Local Emergency Due to the Flooding that Occurred throughout the County (County Counsel) BOARD ACTION: Tom Guarino, County Counsel, noted that with the discussion earlier this date on the status of road repairs and damages that are continuing, he feels that the Board should continue with the emergency action. (M)Bibby, (S)Stetson, Res. 05-245 was adopted continuing the local emergency due to the flooding that occurred throughout the County. Dana Hertfelder, Public Works Director, provided input on the situation. Ayes: Unanimous. 11:33 a.m. LOCAL TRANSPORTATION COMMISSION (Chair-Commissioner Stetson; Vice- Chair-Commissioner Fritz) A) Public Presentations – none. ---PAGE BREAK--- 6-7-05 4 B) Adopt a Resolution Authorizing the Public Works Director to Sign a Funds Transfer Agreement with the State of California for the State Transportation Improvement Program (STIP) Planning, Programming & Monitoring (PPM) Program for Fiscal Year 2004-2005 BOARD ACTION: Following discussion with Dana Hertfelder, Public Works Director, (M)Bibby, (S)Fritz, LTC Res. 05-3 was adopted approving the recommended action/Ayes: Unanimous. 11:33 a.m. The Board reconvened. CLOSED SESSION: Conference with County Labor Negotiator: Name of Employee Organization: SEIU Local 250, Health Care Workers Union; Name of County Designated Representative: Jeff Green (County Administrative Officer) BOARD ACTION: Rich Inman, County Administrative Officer, advised that it is not necessary to hold this closed session. 11:37 a.m. CLOSED SESSION: Conference with County Labor Negotiator: Name of Employee Organization: SEIU 535, MCMCO; Name of County Designated Representative: Rich Inman, CAO (County Administrative Officer); CLOSED SESSION: Conference with Real Property Negotiator: Description of Real Property: 5101/5099 Bullion Street, Mariposa; Name of party who will negotiate with County: Rich Inman, County Administrative Officer; Closed Session will Concern Price and Terms of Purchase (County Administrative Officer); CLOSED SESSION: Conference with Legal Counsel Relative to Anticipated Litigation/Significant Exposure to Litigation for Two Cases Pursuant to Subdivision of Government Code Section 54956.9 (County Counsel); and CLOSED SESSION: Conference with Legal Counsel Relative to Liability Claims; Claimant Name: Total Waste Systems, Inc.; Claim Number: C05-5; Name of Agency Sued: County of Mariposa (County Counsel) BOARD ACTION: (M)Fritz, (S)Turpin, the closed sessions were held with the Public Works Director to be present for a portion of the session/Ayes: Unanimous. Chairman Pickard advised that the Board would reconvene in open session at 2:00 p.m. 12:02 p.m. Lunch 1:38 p.m. The Board reconvened in closed session. 2:41 p.m. Chairman Pickard announced that direction was given to staff as a result of the closed session matters. Kris Schenk, Planning Director; PUBLIC HEARING to Consider Appeal No. 2005-96, an Appeal of the Planning Commission’s Actions to Approve Land Division Application No. 2003-283, Including the Conditions and Findings, the Environmental Determination, and Procedures; David Mecchi, Caroleen Mecchi, and Beverly Mecchi, Appellants (Contact Person: Raymond Carlson). The Planning Commission Adopted Resolution No. 2005-13 on April 8, 2005, Adopting a Negative Declaration and Approving Land Division Application No. 2003-283 with Findings and Conditions; Kevyn Moberly, Applicant. Project Proposes the Division of a 22.8 plus or minus Acre Parcel into 3 Parcels and a Remainder; Site is Assessor Parcel Number (APN) 017-260-026 Located off of Worman Road BOARD ACTION: Sarah Williams, Deputy Planning Director, presented the staff report, and she reviewed the project and the processing history. Staff responded to a question from the Board as to the location of the appellant’s property in relation to the applicant’s property. Sarah continued with the staff report and reviewed the issues that were raised in the appeal – water issues, cumulative impact issues relative to water resources and quality, transfer of water rights, timing for soils testing, potential impacts from septic system, and failure to require restrictive covenants precluding construction of secondary residences. Sarah reviewed the public hearing procedures and staff’s recommendation to deny the appeal ---PAGE BREAK--- 6-7-05 5 with findings, and she advised of an alternative option for action to direct staff to return with revisions to the resolution. Staff responded to questions from the Board relative to the restriction of secondary residences, and whether that restriction would apply to the remainder parcel. The public portion of the hearing was opened, and input was provided by the following. Kristine Howe, member of Griswold, LaSalle, Cobb, Dowd, & Gin, L.L.P. – the law firm representing the Mecchi’s in this matter, advised that the appeal was presented and is before the Board. She reviewed the highlights of what she feels are the key reasons and issues that the Board should consider when deciding this appeal relative to water – quality and quantity and testing procedures, traffic and road considerations, and covenants, conditions, and restrictions. She responded to a question from the Board, and advised that the issue she raised relative to water availability for fire suppression was not in the appeal documents; however, she feels it relates to water quantity. Attorney Howe continued with road/traffic impact issues. She responded to a question from the Board as to where the traffic impact report issue was raised, and she advised that she believes that Mr. Mecchi discussed this in his verbal testimony before the Planning Commission. Attorney Howe expressed concern that the covenants, conditions and restrictions are not available for review and comment prior to recordation of the map. Tom Guarino, County Counsel, asked Attorney Howe to identify the evidence submitted in the record to the Planning Commission as to why this appeal should be sustained. She advised that she interprets CEQA differently – she feels that CEQA requires public disclosure on information, and that the lead agency is responsible for reviewing each issue whether or not it is an impact, and that information needs to be supplied to the public. So, she advised that she does not have any information or documentation, just questions. There was no further public input or rebuttal. The public portion of the hearing was closed and the Board commenced with deliberations. Staff responded to questions from the Board relative to addressing the water, traffic and covenants, conditions and restriction issues that were raised. Sarah Williams referred to the information that was submitted by Dave Conway of the Health Department relative to the water issues, and advised that he was present to answer questions. Staff responded to questions from the Board relative to State law requirements for water storage for fire protection; and potential impacts on water quality for neighboring parcels from the septic system. Dave Conway/Health – Registered Environmental Health Specialist, advised that degradation of ground water is a major concern and he advised that they follow established policies and rules and regulations to insure that ground water resources are not degradated. Dave responded to questions from the Board relative to the criteria for siting septic systems on slopes and proximity of the system to the adjoining property line. Sarah continued with responding to the issues that were raised. She advised that the residency restrictions are not a County requirement, but are a part of the applicant’s proposal. She advised that the covenants, conditions, and restrictions will be reviewed by staff prior to recordation of the map. She also advised that staff has reviewed each issue under CEQA. Staff responded to a question from the Board relative to the process for referencing the covenants, conditions and restrictions language on the map. Dana Hertfelder, Public Works Director, advised that his staff met with California Department of Forestry and Fire Protection and reviewed the project site and estimate to complete the proposed road work. (M)Stetson, (S)Fritz, Res. 05-246 was adopted denying Appeal No. 2005-96 with findings, upholding the Planning Commission’s adoption of a negative declaration and approval of Land Division Application No. 2003-283 with findings and conditions/Moberly, applicant. Tom Guarino advised that the Board could adopt the formal resolution that was included in the package unless it has other findings – no changes were made. Supervisor Fritz thanked staff for the completeness of this item. Staff responded to a question from the Board and clarified the issue relative to recordation of a restrictive covenant precluding construction of secondary residences on the parcels south to be created prior to project approval. Ayes: Unanimous. The hearing was closed. INFORMATION – No action was necessary on the following: Winter and Summer Hours of the Mariposa County Library Branches: Red Cloud, El Portal, Yosemite, and Bassett Memorial Library at Wawona (Librarian) ---PAGE BREAK--- 6-7-05 6 CONSENT AGENDA: CA-1 Action to Continue Emergency Findings for the Interim Operation of the Mariposa County Landfill by County Staff is Necessary to Continue an Essential Public Service Until the Bidding Process is Completed (Public Works Director); Res. 05-226 CA-2 Authorize the Use of Fund #306 – Roads Special Projects to Track Revenue and Expenses for Road Repairs Related to Damage from the March 2005 Flooding and Approve Budget Action Appropriating $200,000 in Revenue and Expenses in this Fund for the Current Fiscal Year (4/5ths Vote Required) (Public Works Director); Res. 05-234 CA-3 Approve Budget Action Transferring Funds within the Road Fund to Cover Anticipated Expenditures through the End of the Fiscal Year ($8,000) (Public Works Director); Res. 05-227 CA-4 Adopt a Resolution Designating the Mariposa County Arts Council as the Mariposa County Authorized Partner to the California Arts Council (Chairman Pickard); Res. 05-235 CA-5 Approve Budget Action Transferring Existing Appropriations to a Refund Account in Order to Close the Deerwood Special Revenue Fund, as the Applicant is Withdrawing their Application ($2,923) (Planning Director); Res. 05-236 CA-6 Authorize the Chairman of the Board of Supervisors to Sign a System Purchase and Installation Agreement from Sierra Tel Business Systems for a Data/Video System and Cost of Installation, pending County Counsel’s Approval (Technical Services Director); Res. 05-237 CA-7 Adopt a Resolution Approving and Authorizing the Chairman of the Board of Supervisors to Sign a Professional Service Agreement with the Mariposa County Resource Conservation District for Grading and Erosion Control Services for the Building Department in the Not-to-Exceed Amount of $10,000 (Building Director); Res. 05-228 CA-8 Approve Budget Action Transferring Funds within the District Attorney Budget to Purchase Miscellaneous Office Supplies, Safety Equipment, and Drapes ($5,000) (District Attorney); Res. 05-229 CA-9 Approve Budget Action Utilizing all of the 2004 Low Income Housing Energy Assistance Program (LIHEAP) Money; Accepting Increased Funding due to the Closure of the Contract for Fiscal Years 2002-2003; and Approve Financial Advances for Calendar Year 2005 ($111,868) (4/5ths Vote Required) (Human Services Director); Res. 05-230 CA-10 Approve State Department of Community Services and Development Agreement 05C-1570, Accepting $8,207 in Department of Energy (DOE) Funding and Authorize the Human Services Director to Execute the Agreement and to Coordinate Weatherization Labor Services with the Central Valley Opportunity Center (CVOC) (Human Services Director); Res. 05-231 CA-11 Approve Contract with Central Valley Opportunity Center (CVOC) to Provide Weatherization Services in the Homes of Low Income Residents and Authorize the Chairman of the Board of Supervisors to Execute the Contract (Human Services Director); Res. 05-238 CA-12 Authorize the Human Services Director to Execute Amendment One to ---PAGE BREAK--- 6-7-05 7 Low-Income Home Energy Assistance Program (LIHEAP) Agreement 05B-5322, Amending the Total Amount to $254,948, Reflecting an Increase of $11,129 (Human Services Director); Res. 05-232 CA-13 Approve an Agreement with Infant/Child Enrichment Service (ICES) for Childcare Services for Parents Transitioning from Welfare to Work in the Amount of $205,000 for Fiscal Year 2005-2006 (Human Services Director); Res. 05-233 CA-14 Authorize the Human Services Department to Enter into an Agreement with Cathy Rohrbaugh to Provide Learning Disabled Evaluations for Individuals in the CalWORKs Program in the Amount of $25,000 for Fiscal Year 2005-2006 and Authorize the Chairman of the Board of Supervisors to Execute the Agreement (Human Services Director); Res. 05-239 CA-15 Adopt a Resolution Rescinding Resolution 05-222, Adopting and Authorizing the Chairman of the Board of Supervisors to Sign the Revised Second Amendment to Agreement for Fiscal Independence of the Mariposa County Board of Trustees and Same Agreement for Fiscal Independence of the Mariposa County Office of Education (County Counsel); Res. 05-240 CA-16 Authorize Payment of Claim No. C04-12 for $11,513 to Mr. Robert Barron for Damage to his Property that Occurred as a Result of the Detonation of Explosives by Mariposa County Sheriff’s Department (County Administrative Officer); Res. 05-241 3:50 p.m. Adjournment in memory of Vernon A. Boyer, Terrence “Terry” McCormick, Jessma R. Hauhuth, and Al Parker. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board