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Time Description 9:12 a.m. Meeting called to order at the Mariposa County Government Center, and Supervisor Aborn was welcomed back. 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: Supervisor Turpin pulled items 1 and 6. (M)Aborn, (S)Pickard, the balance of the items was approved/Ayes: Unanimous. Item 1 – Supervisor Turpin commended John Swanson for his service and advised that he plans to present the resolution to him at an event scheduled for Monday in Groveland. (M)Turpin, (S)Fritz, item 1 was approved/Ayes: Unanimous. Item 6 – Supervisor Turpin thanked the members for their willingness to serve on the Coulterville Cemetery Ad Hoc Committee. (M)Turpin, (S)Aborn, item 6 was approved/Ayes: Unanimous. Public Presentation: For Items within the Jurisdiction of the Board and not on Today’s Agenda. Ken Gosting, TIE (Transportation Involves Everyone), commended the Park Service for moving forward with the project to repair the section of El Portal Road from the Big Oak Flat intersection to the Pohono Bridge, and he advised that construction is scheduled to begin in two weeks. He commended the media for carrying stories on this project and other agencies/associations for their support. He presented information on the increase in visitation to Yosemite National Park. He presented a card to Supervisor Aborn with a ride certificate for the bucking bull at Big Bubba’s Bad BBQ in Merced. Dick Hutchinson referred to his conversation with the Fire Chief; and he provided input on the importance of the insurance/ISO ratings and of supporting the Fire Department. He stated he supports approving the one percent tax increase that the Tourism Bureau is pursuing, and he feels the funding currently provided to the Bureau should be used for the Fire Department. He feels this is an urgency item. Rick Benson, County Administrative Officer, advised that he is planning to make a report to the Board in November on the overall plan for the Fire Department. Jim Wilson, Fire Chief, advised of the resources being sent to the Southern California to help with the fires. He advised of a fire that occurred in Midpines on Monday. Supervisor Turpin noted the need to support the families that have sent members to Southern California to help fight the fires. Paul Chapman reiterated his previous comments that he feels the County needs to get rid of the “deadwood” and use the savings for the Fire Department and the Sheriff Department and for the unfunded PERS liability. Bob Brown, District Attorney, advised that a final restitution hearing was held for the restroom at the Arts Park and the juvenile was ordered to pay for the damages. MARIPOSA COUNTY BOARD OF SUPERVISORS SUMMARY OF PROCEEDINGS OCTOBER 23, 2007 ---PAGE BREAK--- 2 10-23-07 Eleanor Keuning thanked the Board for listening to input from the public. She questioned the signage for the Rite Aid which includes advertisement for 1-hour photo and drive-through food mart. Chair Bibby advised that she will pass this concern along to the Building and Planning Departments. Eleanor invited Board members to attend an upcoming Kiwanis’ meeting where their guest speaker, Ed Johnson, will speak on conflict resolution and meditation. Chair Bibby noted that October 30th is a fifth Tuesday; thus, the Board will not hold its meeting. Laurel Siebecker noted that her husband has been a volunteer firefighter for about 35 years (25 years in San Mateo and ten years here) and she feels it is important to support the Fire Department and to have better fire protection in the Bridgeport/Yaqui Gulch area. She feels that subdivisions should not be allowed to occur with narrow road access. Mary Ann Huff commented on the fire dangers in the County with the mountains and the brush; and she stated there should be more effort in clearing the brush. Ruth Catalan stated she feels the exportation of water from the County needs to be stopped. Board Information Supervisor Fritz advised that she attended the San Joaquin Valley Regional Association of California Counties conference at Bass Lake, along with Supervisors Turpin and Pickard; and she provided input on the conference, including the “cow to power” program by PG&E. Supervisor Pickard commended Supervisor Aborn for being present following his recent accident, and Supervisor Fritz following her recent illness. He provided input on the San Joaquin Valley Regional Association of California Counties conference, including creative programs with PG&E, dealing with gases from dairies and landfills, and the presentation of the personnel recruitment/retention program used by Riverside County. Supervisor Aborn stated he is very happy to be back and he thanked everyone for their support. He commented that he feels that lot splits and development need to be carefully reviewed to alleviate fire dangers. Supervisor Turpin provided input on the San Joaquin Valley Regional Association of California Counties conference; and he noted that health care and water issues are key topics of discussion. He noted that there were presentations on the recruitment/retention program used by Riverside County, law enforcement efforts with eradicating the marijuana gardens, the “cow to power” program, the extensive processing timeframes for aggregate permits, and he noted the substantial reduction in air pollution in the San Joaquin Valley Air Control District. He plans to hold a District II meeting at the Fire House in Coulterville on Thursday. Supervisor Bibby commented on the health and safety issues that have been raised in the discussions relative to the Southern California fires; and she commented on the air pollution issues. She attended the Mother Lode Job Training meeting on Wednesday and they plan to submit an application for CDBG grant funds. She noted that the Annual Firefighter Association Picnic is scheduled for Sunday. She plans to attend the town hall meeting on October 24th for discussion relative to disability access for the community. She advised that the Catheys Valley Elementary School is holding its Fall Festival event on Sunday afternoon. Supervisor Fritz; Discussion and Direction Regarding the Possible Adoption of an Ordinance Adding a New Chapter to the County Code Entitled “Social Host Accountability” BOARD ACTION: Supervisor Fritz initiated discussion and she advised that the draft ordinance has been reviewed by other agencies and the Sheriff and the District Attorney. Bob Brown provided input on the proposal and advised that his goal is to protect our children. Input from the public was provided by the following: Eleanor Keuning provided input on the Kiwanis’ recent development of a policy relative to sponsoring and/or participating in events where alcohol is served. They do not feel that if children are present that alcohol should be served. Ruth Catalan provided input and questioned whether this ordinance would apply to all events. She noted that prohibition did not work, and she feels there should be more emphasis on education. ---PAGE BREAK--- 3 10-23-07 Following discussion, (M)Pickard, (S)Fritz, direction was given to staff to bring the Ordinance back for amendment to the County Code/Ayes: Unanimous. 11:00 a.m. Recess 11:21 a.m. The Board reconvened with Supervisor Aborn excused for the rest of the meeting. 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 set their public hearings for Wednesday, November 28th at 6 p.m. at the Government Center and for Thursday, November 29th at the El Portal Community Hall, to take input on the options for the permanent fix for the Ferguson Rockslide. Chair Bibby advised that CalTrans has tentatively scheduled a Planned Development Team meeting for November 13th in the afternoon. Input from the public was provided by the following: Ken Gosting, representing TIE, presented the Board with copies of the U.S. Geological Survey, entitled “Simulations of Potential Runout and Deposition of the Ferguson Rockslide, Merced River Canyon, California.” He suggested that the Board invite its author Roger Denlinger to a Board meeting to explain the report. Discussion was held and Ken was thanked for providing the report. (M)Fritz, (S)Turpin Res. 07-494 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: Turpin, Bibby, Fritz, Pickard; Excused: Aborn. Approve Letter to the Sierra National Forest Supervisor Requesting that the Response Period for Off Highway Motorized Vehicle Travel Management Plan and Recreation Facility Analysis Plan be Extended and Approve Response to Plans (Supervisor Pickard) BOARD ACTION: Following discussion, (M)Fritz, (S)Turpin, Res. 07-495 was adopted approving the letter/Ayes: Turpin, Bibby, Fritz, Pickard; Excused: Aborn. Approve Professional Service Agreement with Liebert Cassidy Whitmore for Legal Services and Authorize the Board of Supervisors Vice-Chair to Sign the Agreement (Supervisor Turpin – Vice- Chair) BOARD ACTION: Input from the public was provided by the following: Paul Chapman questioned if it is necessary to spend another $30,000 for this law firm. Ruth Catalan asked what the contract is for, how much it is going to cost, questioned why Vice- Chair Turpin scheduled the matter versus Chair Bibby, and asked why County Counsel left the meeting. (M)Turpin, (S)Pickard, Res. 07-496 was adopted approving the agreement/Ayes: Turpin, Fritz, Pickard; Abstained: Bibby; Excused: Aborn. Approval of Summary of Proceedings of October 16, 2007, Regular Meeting (Clerk of the Board) BOARD ACTION: (M)Fritz, (S)Turpin, the minutes were approved/Ayes: Turpin, Bibby, Fritz, Pickard; Excused: Aborn. Approval of Minutes of December 5, 2006, Regular Meeting; Approval of Minutes of December 6, 2006, Meeting Continued from December 5, 2006; Approval of Minutes of December 18, 2006, Meeting Continued from December 12, 2006; (Clerk of the Board) BOARD ACTION: (M)Fritz, (S)Turpin, the minutes were approved/Ayes: Turpin, Bibby, Fritz, Pickard; Excused: Aborn. A) CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: DSA (Deputy Sheriff’s Association); Name of County Designated Representative: Richard Bolanos; ---PAGE BREAK--- 4 10-23-07 B) CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: SMA (Sheriff’s Management Association); Name of County Designated Representative: Richard Bolanos; C) CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: SEIU (Service Employees International Union); Name of County Designated Representative: Richard Bolanos; and D) CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: MCMCO (Mariposa County Managerial/Confidential Organization); Name of County Designated Representative: Richard Bolanos (Richard J. Benson, County Administrative Officer/Personnel/Risk Manager) BOARD ACTION: Rich Benson, County Administrative Officer, withdrew these closed sessions from the agenda. 11:48 a.m. – The Board recessed for lunch, and Chair Bibby advised that it would reconvene at 5:00 p.m. 2:06 p.m. Kris Schenk, Planning Director; LOCAL AGENCY FORMATION COMMISSION (LAFCo) Meeting (See Separate Minutes) 5:00 p.m. Supervisor Turpin, Vice-Chair; 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: 2 BOARD ACTION: (M)Turpin, (S)Fritz, the closed session was held/Ayes: Turpin, Fritz, Pickard; Abstained: Bibby; Excused: Aborn. 5:40 p.m. RESULTS OF CLOSED SESSION: Vice-Chair Turpin announced that direction was given to staff as a result of the closed session. CONSENT AGENDA: CA-1 Approve a Resolution Recognizing John Swanson for his Service as District Ranger for the Groveland District, Stanislaus National Forest Service (Supervisor Turpin); Res. 07- 493 CA-2 Approve Rental Agreement with the Fair Agricultural Association for Use of the Building on October 11, October 23 and November 15, 2007 to Hold Mass Influenza Immunization Clinics this Season (Health Officer); Res. 07-489 CA-3 Adopt a Resolution Establishing the Tax Rate on the Yosemite High School Bond for the Secured Property Tax Roll of 2007-2008 (Auditor); Res. 07-490 CA-4 Adopt a Resolution Establishing the Tax Rate on the Bass Lake Joint Elementary School District Bond for the Secured Property Tax Roll of 2007-2008 (Auditor); Res. 07-491 CA-5 Adopt a Resolution Adopting the Tax Rate for the Secured Property Tax Roll for the 2007-2008 Fiscal Year (Auditor); Res. 07-492 CA-6 Appoint John Shimer, Gail Tyler and Allen Haigh to Fill Vacancies on the Coulterville Cemetery Ad Hoc Committee with Terms Expiring October 23, 2010 (Supervisor Turpin) ---PAGE BREAK--- 5 10-23-07 5:41 p.m. Adjournment in memory of Arline Marjorie “Marge” Fitzgerald and Barbara Jean Good. Respectfully submitted, MARGIE WILLIAMS, Clerk of the Board JANET BIBBY, Chair, Board of Supervisors