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Time Description 9:09 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Dana Hertfelder, Public Works Director; Approve the New Life Christian Fellowship (NLCF) use of 25 Acres of the Mariposa Regional Recreation Complex Land to Construct and Maintain a Public Paintball Facility BOARD ACTION: Pulled at the request of Public Works Director, to be rescheduled. Introductions Chair Bibby introduced Bob Linneman, new reporter for the Mariposa Gazette. 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: (M)Aborn, (S)Turpin, approved/Ayes: Unanimous. Public Presentation: For Items within the Jurisdiction of the Board and not on Today’s Agenda. Keith Williams, County Clerk, presented Board members with a 2007-08 election calendar, and he noted that it contained photographs of the County contributed by Nadine Wight. Board Information Supervisor Fritz reported on attendance at the San Joaquin Valley Rail Committee meeting in Richmond; and thanked those that attended from the County; and noted that they visited the museum with a display of artwork depicting Yosemite. She attended the 4th of July event at the Fairgrounds and commended the Kiwanis for the event. She plans to attend the Juvenile Justice and Domestic Violence meeting on Wednesday. Supervisor Pickard commended the Park Service, residents, Total Waste Systems, and Public Works for working to minimize the exposure to bear problems with the trash bins. Supervisor Aborn reported on attendance at the San Joaquin Valley Rail Committee meeting in Richmond. He attended the 4th of July event at the Fairgrounds. Supervisor Turpin reported on a successful Fire Brigade BBQ in Coulterville. He noted the water level is low at the Bagby Bridge. On Wednesday, he plans to attend the meeting with the Forest Service and the South West Interface meeting at Moccasin and the Airport Advisory Committee meeting. On Thursday, CAL FIRE will be holding a meeting at the Government Center on updating the overall map for fire coverage areas. Supervisor Bibby plans to attend the Mental Health Board meeting at noon today. She attended the First 5 meeting on Monday. She advised that the Interim Tourism Director phoned to correct the record to reflect that the non-profit status for the Yosemite-Mariposa County Tourism Board was filed MARIPOSA COUNTY BOARD OF SUPERVISORS SUMMARY OF PROCEEDINGS July 10, 2007 ---PAGE BREAK--- 2 7-10-07 on July 2nd. The Airport Advisory Committee meeting is scheduled for Wednesday. She urged citizens to contact legislators to express their opinion on continuation of the Williamson Act subvention funding. Supervisor Turpin commented on the importance of the Williamson Act subvention funding to the rural counties; and noted that if the funding is not continued, each County will need to determine what to do with the contracts. Supervisor Bibby; Present Certificate of Recognition and Appreciation to Harriet Engelman, Connie Nielson and David Marks for their Dedicated Service to the Community as Members of the Mariposa County Friends of the Library BOARD ACTION: (M)Fritz, (S)Aborn, approved – to be presented at a later time/Ayes: Unanimous. 9:34 a.m. LOCAL TRANSPORTATION COMMISSION (Chair – Commissioner Lyle Turpin, Vice-Chair – Commissioner Dianne Fritz) A) Public Presentation – none B) Authorize Participation in the Optional Regional Surface Transportation Program (RSTP) Federal Exchange and State Match Program for Fiscal Year 2006-2007 and Authorize the Executive Director to Sign the Agreement with CalTrans (Public Works Director) COMMISSION ACTION: (M)Pickard, (S)Aborn, LTC Res. 07-7 was adopted/Ayes: Unanimous. 9:38 a.m. The Board of Supervisors reconvened. 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 advised of status of removal of the monitoring equipment. Discussion was held. Supervisor Fritz expressed concern with traffic safety with drivers not obeying the signal lights and stopping and getting out of their vehicles in the detour section. Supervisor Bibby noted the highway message sign was unreadable over the weekend. Input from the public: Dick Hutchinson noted the Park Service received funding to repair the erosion area around the Highway 120 intersection. Jim Allen, Sheriff, advised of concerns expressed in a meeting with County Fire and CAL FIRE with not being able to get equipment across the bridges to the El Portal corridor. Chair Bibby asked that the agencies document their concerns in writing. Jim Allen noted that 3-4 vehicles were involved in a rear-end accident on Friday, and that the area is in CHP jurisdiction. Chair Bibby advised that the Board’s report on the rockslide impacts was distributed. (M)Turpin, (S)Aborn, Res. 07-329 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. Approval of Minutes of October 17, 2006, Regular Meeting (Clerk of the Board) BOARD ACTION: (M)Fritz, (S)Pickard, approved/Ayes: Turpin, Bibby, Fritz, Pickard; Abstained: Aborn. Approve Agreement with Fulbright and Jaworski, LLP in an Amount Not to Exceed $76,500 for Legal Representation Services in Connection with Issuance of Pension Obligation bonds and Authorize the Board of Supervisors Chair to Sign the Agreement (County Administrative Officer/Personnel/Risk Manager) BOARD ACTION: Rick Benson presented report and recommendation. Discussion was held, and the matter was continued for the following hearings to be opened. ---PAGE BREAK--- 3 7-10-07 10:05 a.m. Public hearings for LLA No. 2006-334/LCA 2007-032 and LLA 2006-328 and LCA 2006- 351 and 2006-338, were opened and continued until after the following item. Input from the public on agreement with Fulbright and Jaworski, LLP, was provided by the following: Ruth Catalan objected to the issuance of pension obligation bonds. Paul Chapman objected to the issuance of pension obligation bonds. Further discussion was held. (M)Pickard, (S)Turpin, Res. 07-330 was adopted approving the agreement/Ayes: Unanimous. 10:21 a.m. Kris Schenk, Planning Director; A) PUBLIC HEARING: Adopt a Resolution Approving Lot Line Adjustment (LLA) No. 2006-334 and Land Conservation Act Contract (LCA) Modification No. 2007-032; Applicants: Elsie Patricia Pirtle (Parcel A of LLA and LCA Contract Modification) and James and Kimberly Hopman (Parcel Richard A. Seaman, Agent; LLA Project Site Includes APN 017-070-005 (Parcel A) and APN 017-070-003 (Parcel LCA Contract Modification Includes APN’s 017- 070-005, 017-060-058 and 017-060-057 BOARD ACTION: Chair Bibby noted the addendum to the agenda to reflect this and the following item to be public hearings; and asked staff to clarify noticing requirements for finding that the project is exempt from the provisions of CEQA. Kris Schenk advised that it is good practice to show that the project is exempt, where applicable; however, there are no noticing requirements for this. Alvaro Arias, Assistant Planner, presented the staff report. The boundary adjustment proposed is an equal acreage adjustment in order for an existing barn to be entirely located on Parcel B (currently it straddles the property line). The modification of the existing Williamson Act contract will reflect the new parcel boundaries, as well as separate a portion of land under contract into two separate contracts. Correspondence was received from Berlogar and entered into the record. The public portion of the hearing was opened and there was no input. The public portion was closed and the Board commenced with deliberations. Sarah Williams, Deputy Director, provided input on the recommended action. (M)Aborn, (S)Turpin, Res. 07-331 was adopted finding that the project is exempt from the provisions of CEQA; and approving LLA 2006-334 and LCA modification 2007-032 with the recommended findings and processing conditions/Ayes: Unanimous. B) PUBLIC HEARING: Adopt a Resolution Finding that the Project is Exempt from the Provisions of the California Environmental Quality Act (CEQA) and Approve Lot Line Adjustment No. 2006-328, Land Conservation Act Contract Modification No. 2006-351 and Land Conservation Act Contract Modification No. 2006-338 with the Recommended Findings and Processing Conditions, Applicants: Russell and Cecilia Bryson (Parcel A) and Frank Berlogar (Parcel Agent: Paul Gregory; Project Site Includes APN 011-240-009 (Parcel A) and APN 011-240-012 (Parcel B) BOARD ACTION: Sarah Williams, Deputy Director, presented the staff report. The boundary adjustment is proposed in order to make an existing road the dividing line between the two parcels and to move the dividing line further away from existing improvements on Parcel A. The modification to the existing Williamson Act contracts will reflect the new parcel boundaries. Staff responded to a question from the Board. The public portion of the hearing was opened and there was no input. The public portion of the hearing was closed and the Board commenced with deliberations. (M)Fritz, (S)Aborn, Res. 07-332 was adopted finding that the project is exempt from the provisions of CEQA; and approving LLA 2006-328, LCA modification 2006-351, and LCA modification 2006-338 with the recommended findings and processing conditions/Ayes: Unanimous. 10:42 a.m. Recess ---PAGE BREAK--- 4 7-10-07 10:56 a.m. Update the Board of Supervisors Regarding the Revised Audit for the Stayner Trial Costs Prepared by the State Controller and Possible Action Regarding Audit Appeal (County Counsel) BOARD ACTION: Discussion was held with Thomas P. Guarino, County Counsel. Chris Ebie, Auditor, provided input. The matter was continued to the afternoon to obtain more information from the District Attorney on the status of ongoing costs for holding evidence. CLOSED SESSION: Conference with Real Property Negotiator; Description of Real Property: 5393 Highway 49 North, Mariposa, CA 95338; Name of Party who will Negotiate with County (Not Party’s Agent): Robert Thomas; Closed Session will Concern Price and Terms of Purchase (County Administrative Officer/Personnel/Risk Manager); and CLOSED SESSION: Conference with Legal Counsel: Anticipated Litigation; Significant Exposure to Litigation Pursuant to Subdivision of Government Code Section 54956.9 Relative to a Workers’ Compensation Case; Number of Workers Compensation Cases to be Discussed: 1 (County Administrative Officer/Personnel/Risk Manager) BOARD ACTION: (M)Pickard, (S)Aborn, the closed sessions were held at 11:23 a.m., with the Board to return to open session at 2:00 p.m./Ayes: Unanimous. 11:50 a.m. – Lunch 2:12 p.m. The Board reconvened. RESULTS OF CLOSED SESSION: Chair Bibby announced that direction was given to staff. Further discussion was held with Thomas P. Guarino and Chris Ebie relative to the revised audit for the Stayner trial costs. Bob Brown, District Attorney, provided input on the storage of vehicles as evidence. (M)Pickard, (S)Aborn, Res. 07-333 was adopted accepting the revised audit findings and authorizing reimbursement to the State as stated in the audit; and excepting therefrom the County’s right to seek reimbursement for the storage costs for the vehicles. Direction was given for the Auditor and the District Attorney to pursue reimbursement of the storage costs. Ayes: Unanimous. Discussion and Direction Regarding Proposed Revisions to Chapters 13, 15 and 17 of the Mariposa County Code to more Clearly Define the Allowable Uses of Recreational Vehicles (County Counsel) BOARD ACTION: Discussion was held with Thomas P. Guarino, John Davis/Building Department Director, and Kris Schenk, relative to addressing the problem of recreational vehicles being used as a residence or permanent dwelling. Dr. Mosher, Health Officer, was present for the discussion. (M)Fritz, (S)Turpin, direction was given to staff to proceed with the revisions as suggested/Ayes: Unanimous. Dana Hertfelder, Public Works Director; Discussion, Direction and Possible Action Regarding Mariposa County’s Minimum Road Standards as Established in the Mariposa County Road Improvement and Circulation Policy and Mariposa County Improvement Standards BOARD ACTION: Dana Hertfelder presented the staff report. 2:53 p.m. Recess 2:56 p.m. Discussion was held with Dana Hertfelder and Kris Schenk on the minimum road standards and recommended adjustments and processing the revisions. Input from the public was provided by the following: Don Starchman, Starchman-Bryant Law Offices, referred to the issues he raised in his May 24, 2007, email to the Board; and he provided suggestions for modifying the standards. Rita Kidd, speaking as a citizen, provided input and she urged that the computation of ADT (average daily trips) take into account full development potential. Ken Melton agreed with Don Starchman and stated he feels the Class IV road standard was going to be removed; and he noted that clearing of the shoulders makes the roads more passable. ---PAGE BREAK--- 5 7-10-07 Theresa Castaldi asked that direction be given to staff to implement the changes. Rick Uebner provided input and referred to his volunteer firefighting experience and stated he feels that the Public Works Director’s recommendations should be upheld. Further discussion was held. Supervisor Turpin suggested that a meeting be held with CAL FIRE to discuss issues relative to the standards; and he asked that Public Works provide a list of County maintained roads that are less that 18-foot wide. Dana Hertfelder suggested that County Fire and other agencies be included in the discussion as to what would be appropriate mitigation measures. (M)Pickard, (S)Turpin, direction was given to staff to proceed with processing revisions to the Minimum Road Standards/Residential, with changes to reflect the deletion of Rural Class IV and with using the footnote in the existing chart to reflect “as the need arises” for roads with ADT over 3,000; and with changing the ADT from 250-499 to 250-699, and from 500-3000 to 700-3000; with further direction that this matter be processed as a priority project and be brought back to the Board for action within sixty days. Supervisor Pickard noted that in the interim, the other issues that have been raised will need to be discussed. The motion was amended, agreeable with the maker and second, to include correcting the parcel size of 5-160 to 2.5-160; and with replacing Rural Class I paved or Rural Class II gravel in the less than 2.5 acres to Town Class II paved/Ayes: Unanimous. CONSENT AGENDA: CA-1 Amend Resolution No. 04-92 by Assigning a Confidential Designation to the Assistant Auditor Classification; Clarify that only one of the Accountant I/II Classifications in the Auditor’s Office has Confidential Status; Delete the Court Executive Officer as Trial Court is no Longer a County Department; and Amend the Titles of Three Classifications Contained in the Resolution (County Administrative Officer/Personnel/Risk Manager); Res. 07-315 CA-2 Authorize the Department of Human Services Director to Sign the Certification that the County Board of Supervisors have been Briefed Regarding the Contents of the CalWORKS Plan Addendum (Human Services Director); Res. 07-316 CA-3 Approve Budget Action Transferring Funds within the Human Services Budget in Connection with a Previously Approved Request to Apply for Community Services Block Grant (CSBG), Discretionary Funds, Dated October 17, 2006 for Fiscal Year 2006-2007 ($344) (Human Services Director); Res. 07-317 CA-4 Approve Budget Action Increasing Revenue and Appropriations in the Human Services Department and to Cover Anticipated Expenses for Social Services Administration for Year End (2006-2007) ($742,124) (4/5ths Vote Required) (Human Services Director); Res. 07-318 CA-5 Approve Agreement with Cathy Rohrbaugh to Provide Learning Disabled Evaluations for Individuals in the CalWORKs Program for Fiscal Year 2007/2008 and Authorize the Board of Supervisors Chair to Sign the Agreement (Human Services Director); Res. 07-319 CA-6 Approval of Minutes of June 5, 2007, Regular Meeting, Approval of Minutes of June 12, 2007, Regular Meeting, Approval of Minutes of June 13, Continued Meeting (Clerk of the Board) CA-7 Approve Agreement with Merced Mobile Communications for Radio Equipment Maintenance and Repair Services and Authorize the Board of Supervisors Chair to Sign the Agreement (Sheriff); Res. 07-320 ---PAGE BREAK--- 6 7-10-07 CA-8 Approve a Rental Agreement with 35-A District Agricultural Association for Display Space at the Mariposa County Fairgrounds During the Annual Mariposa County Fair and Homecoming and Authorize the Board of Supervisors Chair to Sign the Agreement (Sheriff); Res. 07-321 CA-9 Approve the Application for a CalTrans Encroachment Permit in Support of Closing Highway 140, 11:00 a.m. to 12:30 p.m., between Coakley Circle and 3rd Street Saturday, September 1, 2007, in Support of the Fair Parade and Authorize the Board of Supervisors Chair to Sign the Letter Documenting the Board’s Support and Approval; Declare the Annual Labor Day Parade a County Sponsored Event and Authorize the Issuance of an Insurance Certificate to CalTrans (Technical Services Director/on Behalf of the Lions Club); Res. 07-322 CA-10 Approve Budget Action Transferring Funds within the Probation Department Budget to Cover Additional Expense of Transferring Juveniles to out of County Detention for Fiscal year 2006-2007 ($6,500) (Chief Probation Officer); Res. 07- 323 CA-11 Approve Agreement with Corrections Standards Authority For Fiscal Year 2007- 2008 for the Juvenile Probation and Camps Funding (JPCF) Program and Authorize the Board of Supervisors Chair to Sign the Agreement (Chief Probation Officer); Res. 07-324 CA-12 Approve Budget Action Transferring Funds within the Community Services Budget to Cover Unexpected Increase in Training and Private Vehicle for the Veteran Service Officer for Fiscal year 2006-2007 ($370) (Community Services Director); Res. 07-325 CA-13 Approve Rental Agreement with 35-A District Agricultural Association for the Senior Informational Booth During the Fair and Authorize the Board of Supervisors Chair to Sign the Agreement (Community Services Director); Res. 07-326 CA-14 Approve Budget Action Transferring Funds within the Community Services Budget to Cover End of the Year Fuel Expenses for Fiscal year 2006-2007 ($2,550) (Community Services Director); Res. 07-327 CA-15 Approve Budget Action Transferring Funds within the Community Services Budget to Cover Unexpected Increase in Training and Private Vehicle for the Transit Drivers for Fiscal year 2006-2007 ($286) (Community Services Director); Res. 07-328 4:31 p.m. (M)Turpin, (S)Aborn, the Board adjourned in memory of James “Jim” L. Greenfield and Ethel Moller/Ayes: Unanimous. Respectfully submitted, MARGIE WILLIAMS, Clerk of the Board JANET BIBBY, Chair, Board of Supervisors