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Time Description 9:09 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Introductions 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 2 and stated he does not feel a report works. Supervisor Bibby pulled item 1. Supervisor Turpin pulled item 3. Item 1 – Supervisor Bibby asked that the job classification be changed to include supervision being received from the Public Works Director to be consistent with the other job classifications. This change was agreeable with the Public Works Director and the Personnel Officer. (M)Bibby, (S)Aborn, item 1 was approved/Ayes: Unanimous. Item 3 – Keith Williams, Tax Collector, provided input relative to the lowered bid price for the gas station/mini mart parcel at 7651 Highway 120. (M)Fritz, (S)Pickard, item 3 and the balance of the items were approved/Ayes: Unanimous. Public Presentation: For Items within the Jurisdiction of the Board and not on Today’s Agenda. Ruth Sellers asked whether the public would be invited for the meeting with CalTrans on April 22nd. Chair Turpin advised that CalTrans is scheduled on the Board meeting agenda for April 22nd. MaryAnn Huff provided a reminder that the Chamber of Commerce’s after hour’s mixer is scheduled for this evening at the Lake Don Pedro Golf and Country Club. On Wednesday, at 11:30 a.m., there will be a ribbon cutting ceremony for the Habitat for Humanity. Gloria Conlan referred the draft Catheys Valley Community Plan process and stated she feels that a “redline” document should be made available so that the people can see what the changes have been. Tammie Guenthart advised that she was a member of the Catheys Valley Town Planning (TPA) Area Advisory Committee and referred to the survey they sent to everyone in the TPA asking for input and people indicated they wanted a smaller TPA. In the proposed plan, the TPA is very large and she is concerned with the restrictions. She feels the Plan needs to be reviewed further and is not what the majority of the people in Catheys Valley want. Rick Lobaugh commented on the draft Catheys Valley Community Plan process and stated he feels it should have been sent back to the Committee. He does not feel it is appropriate for the Plan to come to the Board and the Planning Commission until there is an opportunity for input at the Committee level. He referred to the General Plan and discussion of community planning areas and expressed concern with the inclusion of an agriculture element in the draft Plan. MARIPOSA COUNTY BOARD OF SUPERVISORS SUMMARY OF PROCEEDINGS March 25, 2008 ---PAGE BREAK--- 2 3-25-08 Sheryl Leisure stated she does not like going through the political process with the Catheys Valley Community Plan. She advised of her efforts to get answers to her questions on the Plan, and she feels there should be an open dialog with respect for their opinions. Ruth Catalan asked about the status of the job description for the Williamson Act compliance official and the status of filling the position, as she feels this position could be helpful with the pending issues. Brian Muller, Sheriff, advised of his department’s efforts to abate the problems with illegal activities at the Mariposa County Park/skate park – on March 19th they began issuing misdemeanor citations to violators. He asked that the Board consider enacting an ordinance that would prohibit alcohol within the boundaries of the Park, including Coulterville Park, with the exclusion of sanctioned events. He also advised that they are looking at installing video monitoring equipment; and he thanked Public Works for their assistance and efforts. Thomas P. Guarino, County Counsel, noted that the Board’s existing facility use policy has not been incorporated into the County Ordinance, but the Board could give direction to staff - he could work with Sheriff, Public Works Director, and the District Attorney to bring something back to the Board; and Chair Turpin so directed. Eleanor Keuning referred to her earlier opposition to the location of the skate park. MaryAnn Huff, resident of Coulterville, commented on the efforts to improve the Coulterville Park and of vandalism that has occurred and stated she agrees with the installation of video surveillance equipment. Linda Dinnel reported on the successful Easter egg hunt held at the Coyote Springs Ranch; and she asked Supervisor Bibby for clarification of whether she tried to stop the event. Supervisor Bibby responded that her concern was that the “red tagged” areas of the property be barricaded to make sure that the children were safe. Linda Dinnel continued with her concerns on the draft Catheys Valley Community Plan process and she requested that the matter be pulled from the April 1st meeting. Paul Chapman referred to the notices he saw in the newspaper over the last ten years advising of the meetings of the Catheys Valley TPA Advisory Committee. Gloria Conlan stated she was aware of the Catheys Valley TPA Advisory Committee meetings, but was unable to attend; and she expressed concern with restrictions in the Plan. She again requested that a “redline” document be made available online. Norm Miller opposes the proposed 16,000-acre size of the TPA for Catheys Valley. Manual Souza expressed concern with the draft Catheys Valley Community Plan process and the restrictions, and the short time that he feels it was available to the public prior to the last TPA Advisory Committee meeting; and he commented on the March 6th Advisory Committee meeting. He stated he feels that unless the matter is postponed from the April 1st meeting, that they will have no other alternative than to lodge a suit to stop this from happening. Theresa Castaldi agreed with Manual Souza and she questioned whether the Board has been listening to the input being provided. She does not feel that the draft Catheys Valley Community Plan is a valid document; and she presented letters from herself and Patricia Oakander requesting that their parcels be taken out of the study area. Manual Souza presented a page with information which he feels gives the Board authority to discus a nonagenda item. Chair Turpin advised that the questions that have been raised relative to the process would be given to staff and need to be addressed. He advised that with the workshop the Board would have the ability to give direction to the Catheys Valley TPA Advisory Committee to address the concerns that are raised. He also commented on the issue that was raised relative to filling the position to address the Williamson Act contract issues. Supervisor Bibby referred to the concerns that were expressed and she provided input on the process and history for the draft Catheys Valley Community Plan which started in 1994. She advised that the agendas and minutes for the Catheys Valley TPA Advisory Committee meetings are available at the Planning Office. She noted that this is a new document so there are no “red lines” – the previous draft plans never got to the Board. Linda Dinnel advised that she has provided comments since the beginning of the Catheys Valley TPA plan process; however, they were not allowed to speak at the meeting. She requested that action be taken to cancel this item from the April 1st meeting. ---PAGE BREAK--- 3 3-25-08 Gloria Conlan again asked that a document be provided that shows the changes in the draft Catheys Valley Community Plan; and she stated she does not feel that what is being reported is necessary what happens. Rick Lobaugh provided more input on the draft Catheys Valley Community Plan and the agriculture element and the process. Supervisor Pickard commented on the process and agriculture element; and he asked when the updated draft Catheys Valley Community Plan was available to the public. Supervisor Bibby responded and provided input on the process. Supervisor Fritz stated she feels that the citizens need to know that they will be heard when the Plan goes back the Committee. Discussion was held. County Counsel advised that the Brown Act allows for a brief response and he feels that has been fully exercised. He also referred to the information that was provided relative to taking action on nonagenda items, and he advised that the Board did have knowledge of this situation before the agenda was posted and he referred to the testimony that has been provided to the Board; thus, he does not feel that action could be taken today. He noted that direction could be given to staff to place an item on the agenda for April 1st to consider whether there has been sufficient time for the public to review the Plan before moving forward with the workshop. Further discussion was held. 10:32 a.m. Recess 10:50 a.m. Dana Hertfelder, Public Works Director; Presentation by Heidi Sanborn of the California Product Stewardship Council, Discussion and Possible Action Regarding Supporting the Council’s Mission for Extended Producer Responsibilities; Adopt an Extended Producer Responsibility Resolution and Authorize the Board of Supervisors Chair to Sign a Pledge of Support BOARD ACTION: Heidi Sanborn reviewed the history of the California Product Stewardship Council and what they do. She gave a presentation and reviewed the changes that have occurred in the solid waste stream. She advised that their mission is to shift California’s product waste management system from one focused on government funded and ratepayer financed waste diversion to one that relies on producer responsibility in order to reduce public costs and drive improvements in product design that promote environmental sustainability. Discussion was held. Input from the public was provided by the following: Manual Souza, Past President of the Auto Dismantlers for California, commented on their recycling efforts, and of problems with businesses that do not adhere to the requirements. (M)Pickard, (S)Fritz, to authorize the Chair to sign a Pledge of Support, was withdrawn by the maker, agreeable, with the second, following further discussion. Dana Hertfelder provided input. Direction was given for staff to bring the resolution and Pledge of Support back for action on the April 1st agenda. 11:36 a.m. Recess 11:48 a.m. Board Information Supervisor Fritz thanked Undersheriff Binnewies for attending the Soroptimist meeting and giving a talk on the marijuana enforcement and eradication efforts. She advised that she attended the CSAC Board of Directors meeting in Sacramento on Thursday and they discussed unfunded mandates. She announced that the Soroptimist Gold Rush Dinner/Dance is scheduled for Saturday at the Fairgrounds. She plans to attend the YARTS meeting on April 7th in Merced and the Rail meeting in Fresno on this Thursday. She showed a train card she received from Ken Gosting congratulating her on her inauguration as Vice-Chair of the San Joaquin Valley Rail Authority. Supervisor Bibby referred to Consent Agenda item 7 and encouraged citizens to provide comments on the Sierra National Forest Motorized Travel Management Plan. She advised that she met with Doug Clayton and he is interested in coming up with a community theatre for the amphitheater. She advised that she is unable to attend the ribbon cutting ceremony for the Habitat for Humanity, but wishes them well. She advised that the meeting with Dinah Bortner/CalTrans relative to the Old Highway bridge went well. ---PAGE BREAK--- 4 3-25-08 Supervisor Turpin advised that the BLM and Stanislaus National Forest Service are meeting this date on the off-road vehicle route challenges. He advised that he attended the Red Cloud Library meeting. He met with Ranger Dowle last week and toured noxious weed areas. He plans to attend the Chamber of Commerce after hour’s mixer this evening. He plans to attend a Compost Facility Task Force meeting on Wednesday. He will try to attend the CSAC Natural Resources meeting on Friday. On Saturday he will present the resolution the Board approved to Bernie and Nancy Knoll for their contributions as members of the Friends of the Red Cloud Library. 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 efforts to schedule a meeting in Sacramento – he and Chair Turpin will plan to attend. He advised that there is no new information on any changes in the slide; and he recommended that the local emergency be continued. CalTrans District 10 Director Kome Ajise is scheduled on the Board’s April 22nd agenda to provide a status report. (M)Fritz, (S)Bibby, Res. 08-113 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. 11:56 a.m. CLOSED SESSION: Conference with Legal Counsel: Existing Litigation: California Government Code Section 54956.9 Name of Claimant or Case Number and Name of Adverse Parties: Hazel Green Ranch, LLC v. United States Department of the Interior, et al., Case No. 1:07-CV- 00414-OWW-SMS (County Counsel); CLOSED SESSION: Public Employee Performance Evaluation; Position of Employee Under Review: Building Director (Government Code Section 56954.5) (Chair Turpin); and CLOSED SESSION: Conference with Legal Counsel: Anticipated Litigation: Significant Exposure to Litigation Pursuant to Subdivision of Government Code Section 54956.9; Number of Case to be Discussed: 1 (County Counsel) BOARD ACTION: County Counsel responded to Supervisor Bibby and advised that there is no conflicts of interest with the closed session matter concerning anticipated litigation. (M)Bibby, (S)Aborn, the closed sessions were held/Ayes: Unanimous. 12:55 p.m. Chair Turpin announced that direction was given to staff as a result of the existing litigation matter for Hazel Green Ranch; and information was received relative to the other two closed session matters. CONSENT AGENDA CA-1 Approve the Proposed Job Description of Commercial Truck Driver/Equipment Mechanic, Set the Salary at $2,691-$3,271/Month, and Assign the Classification to SEIU (County Administrative Officer/Personnel/Risk Manager); Res. 08-106, with change CA-2 Approve a Professional Services Agreement with California Waste Associates to Prepare the Solid Waste Annual Report and the 5-year Permit Review for the Landfill in the Not to Exceed Amount of $24,410 and Authorize the Board of Supervisors Chair to Sign the Agreement (Public Works Director); Res. 08-107 CA-3 Approve a 5-year Tax Defaulted Parcels Schedule for Auction on August 15, 2008 (County Clerk/Tax Collector/Treasurer); Res. 08-108 CA-4 Adopt a Resolution Recognizing Bernard R. Knoll and Nancy L. Knoll for their Contributions as Members of the Friends of the Red Cloud Library (Chair Turpin); Res. 08-109 ---PAGE BREAK--- 5 3-25-08 CA-5 Approve Budget Action Transferring Funds within the Grand Jury Budget to Account for Unanticipated Jury and Witness Expenses ($2,300) (Grand Jury); Res. 08-110 CA-6 Approval of Summary of Proceedings of March 11, 2008; Approval of Summary of Proceedings of March 18, 2008, Regular Meetings (Clerk of the Board); NOTE: The March 11th minutes were not included in the agenda packages and were rescheduled on the April 1st agenda for approval CA-7 Authorize the Board of Supervisors Chair to Sign a Letter to the United States Forest Service Regarding Extending the Deadline for Completing the Draft Analysis of the Sierra National Forest Motorized Travel Management (Supervisor Fritz); Res. 08-111 CA-8 Approve a Reimbursement Agreement with the Central California Conference of Seventh Day Adventists for the Costs for Consultation and the Preparation of the Record of Proceedings for the Mariposa Seventh Day Adventist Camp Litigation and Authorize the Board of Supervisors Chair to Sign Reimbursement Agreement (County Counsel); Res. 08-112 12:56 p.m. Adjournment in memory of Joyce Marie Lantia, Michael Paul Burns, Howard M. Bruce, Robert (Bob) Werner Bissmeyer, and Fred L. Perdue. Respectfully submitted, MARGIE WILLIAMS, Clerk of the Board LYLE TURPIN, Chair, Board of Supervisors