Full Text
Time Description 9:06 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: Chair Bibby advised of a correction for item 1 – the budget transfer is $2498 versus $2497. Input from the public was provided by the following: Paul Chapman referred to item 15 and stated he feels it is time for the Wagon Train event to become self-supporting. He referred to item 16/Yosemite Renaissance agreement, and stated he feels the funds could be used for a lot of other things to promote areas of the County. Supervisor Bibby pulled item 16, and action was taken later this date. (M)Turpin, (S)Fritz, the balance of the agenda was approved/Ayes: Unanimous. Public Presentation: For Items within the Jurisdiction of the Board and not on Today’s Agenda. Ruth Sellers stated the 100th anniversary of the Old Yosemite Railroad in El Portal over the weekend was a huge success; and she noted that there is another event in Merced today. Dell Knell, Odella’s Antiques & Nostalgia, referred to the website for the Yosemite-Mariposa County Tourism Bureau, and she stated she feels it focuses on big businesses in the County and that adjustments need to be made. Supervisor Pickard commented on the website. Dell advised of her discussion with the Interim Tourism Coordinator relative to her concern that the small businesses be included. Board Information Supervisor Fritz advised that she attended the NACO (National Association of Counties) Conference in Alaska the previous week. She plans to attend the Catheys Valley Western Fair and the Relay for Life events this weekend. Supervisor Pickard advised that he plans to attend the RCRC (Regional Council of Rural Counties) meeting on Wednesday. Supervisor Aborn advised that he attended the third training session for new supervisors sponsored by CSAC (California State Association of Counties). He attended the 100th anniversary of the Old Yosemite Railroad celebration event in El Portal over the weekend. Supervisor Turpin advised that he attended the Calaveras-Mariposa Community Action Agency meeting; and the District II meeting in Greeley Hill. He attended a portion of the Agricultural Advisory Committee meeting; and the “pick up trash day” in Coulterville with the Volunteer Fire Station MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA May 15, 2007 ---PAGE BREAK--- 2 5-15-07 Brigade; and the Greeley Hill Planning Advisory Committee meeting. He noted that the annual Coyote Howl event is scheduled for this weekend in Coulterville. Supervisor Bibby noted the following: she is planning to attend a conference in Fresno regarding child abuse prevention and planning; she attended the First 5 Commission meeting on Monday and they awarded $135,000 in grants; the Board will serve lunch at noon at the Senior Activity Center; she was unable to attend the Calaveras-Mariposa Community Action Agency meeting; she will be in contact with TDS concerning the 9-1-1 service problems experienced on Monday; she plans to attend a meeting in Sacramento on Wednesday to discuss 9-1-1 upgrades with providers with the State; and she advised of the backup notification process with emergency services agencies when the telephone service is disrupted. Thomas P. Guarino, County Counsel; CONTINUED PUBLIC MEETING to Discuss the Intention of the Board of Supervisors to Consummate the Purchase of Unimproved Real Property Located at 11th and Bullion Streets and 10th Street in Mariposa County from the Society for Prevention of Cruelty to Animals (SPCA); and Adopt a Resolution Authorizing the Board of Supervisors Chair to Sign a Memorandum of Understanding with the Court for use of the Courthouse Construction Funds for the Purchase of the Property and Authorize the Board of Supervisors Chair to Sign the Certificate of Acceptance, Contract for Phase I Environmental Review, and any other Documents Necessary to Complete Escrow and Purchase of the Property (Continued from May 8, 2007) BOARD ACTION: Thomas P. Guarino provided an updated status report; and he advised of requested changes from the SPCA for a limitation of $1,000 to locate the corners of the property, $22,500 penalty clause – and he is not recommending these items, and concerning the by-laws – he has verified that the organization is current with the State. He advised of revisions in the Memorandum of Understanding (MOU) with the Court. Supervisor Bibby asked about the status of the structures on the property and demolition/preservation plans. County Counsel advised that at one time the SPCA was seeking to remove the buildings, but he could not find anything from the County to obtain a burn permit. If the County purchases the property, it will need to go through a process for the buildings. Supervisor Turpin asked about the $1,000 limitation to locate the property corners; and County Counsel advised that there were changes in the SPCA leadership during the negotiations and their requests changed. The public portion of the hearing was opened and input was provided by the following: Supervisor Pickard noted that both of the Superior Court Judges were present. Chair Bibby introduced Presiding Judge Dana Walton and Judge Wayne Parrish. Dick Hutchinson referred to his comments of May 8th relative to the parking concerns, and he noted that it was very difficult to find a parking space for this meeting; and he feels the new facility will further impact parking. He does not feel that this is the place for the Courthouse, and he questioned whether the State is directing this location. He feels a better location is Highway 49 North, where the Sheriff/Jail and CHP facilities would be close-by. Judge Walton advised that the parking problems occurred this morning because they called 250 jurors for a trial. He stated he feels it is important to look at the history of how we got to where we are with the SPCA property location. He noted that a number of years ago, the Court was notified that it was on a short-list for funding for a new facility. A committee was established with members of the Board of Supervisors (Supervisors Balmain and Pickard), the former County Administrative Officer, County Counsel, and members of the history groups (Scott Pinkerton, Leroy Radanovich, and Tom Phillips). They met with the Administrative Office of the Courts (AOC) and started the process for the architectural work. He advised that the following sites were reviewed: - SPCA property; - The former Baptist Church property/the demolition costs were too high and it is smaller lot than the SPCA lot; and - Property by the Jail/they recognized that the Jail would need to have room to expand, and the Sheriff was involved in the process. They took into consideration the location of the Behavioral Health, District Attorney, and Probation offices, and the location of the offices of the attorneys that work in the Courthouse, and they selected ---PAGE BREAK--- 3 5-15-07 the SPCA site. The AOC agreed with the site selection as they wanted what the community felt was appropriate. He advised that the Court wants to work with the County on this matter, and they are supportive of this site. He also noted that the County is no longer on the short list for funding; however, if the upcoming bond measure passes, it will bring the project back to the short-list. He expressed concern that if we do not move forward, we will need to look at other options and the State will be more involved and will make a decision on where to build if need be. He advised that they are locked into this site with the MOU for the Courthouse, and this gives the County more control than the State finding a location. Supervisor Fritz asked whether consideration was given to this location as it would make it easier to continue use of the historic Courthouse. Judge Walton agreed, and advised that they still plan to use the historic Courthouse. He also noted that given their recent experiences, he does not feel that there will be enough space in the original design for the proposed facility for high profile cases. Supervisor Aborn stated he agreed with the close proximity of the facilities. Supervisor Bibby asked about the parking concerns and architectural design. Judge Walton advised that the design involves on-street parking and additional parking above the Probation Department and within the complex itself; and he commented on options. He noted that in his experience in working with the AOC, they involve the County in the process. He advised that a miniature jail is being planned for the new facility so that prisoners can be held in a secure area. Supervisor Bibby noted that her research shows that the County is number 47 on the funding list with an estimated cost of 21 million dollars for the new facility. Judge Walton responded that 300 projects are ranked in the list, and he provided input on the funding and the projects. Supervisor Pickard asked about being able to continue the portion contained in paragraph nine in the MOU concerning space needs issues for the Board and the Court to further review the language and to being something back for this. Judge Walton stated he would be willing to work with the County on other options. This hearing was continued for the following hearings to be opened. 10:00 a.m. The public hearings for fee changes for recreation facilities and for the Building Department were opened and continued to after the following items. County Counsel advised that the SPCA asked for an opportunity to meet; and he suggested that direction could be given today to proceed and continue this item to May 22nd to bring back the documents in final form. Ruth Catalan, SPCA President, referred to the parking concerns and advised that it was discussed on May 8th that there would be 36 parking spaces and 18 occupied by employees. She advised that she will meet with County Counsel and the SPCA and they hope to have the requested documents (by-laws and articles of incorporation) to County Counsel by the end of this week. Paul Chapman stated he feels parking is still an issue. He feels every Tuesday (with the Board meeting and the Court in session) that parking is a problem. He stated he feels the Courthouse facility could be located anywhere. Jeanetta Phillips expressed concern that with the increase in population and crime, that there will not be room to expand this facility and she feels it is small to start with. Bob Brown, District Attorney, stated he is not weighing in on where the Courthouse should be, but he feels everyone should be aware of certain considerations for the facility. He feels the Courthouse needs to be in close proximity to the District Attorney facilities, and he asked the Board to take into consideration this need. He referred to a meeting with the AOC and they were advised that if the District Attorney is housed with the Courthouse facility, the County would need to fund the portion of the costs for the District Attorney facility and he does not feel that will happen. He noted that if all of the growth projections are accurate and with the bulk of the growth occurring in the North County, he feels we need to start thinking about a satellite facility in the North County. He noted the need to plan for safety with parking. He also advised that he still has one room in the Courthouse that is County operated and that is important to him. Judge Walton responded that the design for the new facility included witness rooms for the District Attorney’s use and for use by the defense attorneys, as well as attorney conference rooms. Skip Skyrud commented on his experience as a juror this morning trying to find a parking space. He suggested that the Board move its meeting to Monday or Wednesday, and there be coordination ---PAGE BREAK--- 4 5-15-07 with the Court so that everybody isn’t coming to the civic center on Tuesdays. He asked whether the site plan will ever come to the Planning Commission, and he asked that the County share the information with the Commission. Supervisor Pickard responded that this facility is like the schools, they are under the State Architect’s jurisdiction. County Counsel referred to paragraph 7 of the proposed MOU relative to the meet and confer condition, and he advised that the Board would have the ability to ask for input from the Planning Commission. The State Architect has the ultimate decision making authority, but this has been a collaborative process. County Counsel noted that the proposal is a concept, and the CEQA process will determine how many parking spaces will be needed and mitigation of the impacts will be addressed at that time. Jeanetta Phillips stated she feels the design control by the State Architect for a facility in the Historic District is another reason to change the location of the facility. County Counsel provided input on the hearing process and advised that it would be appropriate to take public comment on the revisions on May 22nd. Discussion was held concerning the process. (M)Pickard, (S)Aborn, direction was given to County Counsel to further clear-up the language with regards to locating the corners of the property and with regards to the five percent additional cost for default in the purchase agreement; to work on the language in paragraph nine of the proposed MOU to include direction that discussion will come back within thirty days concerning the space needs issues with the Court and the District Attorney; direction was given to the County Administrative Officer and County Counsel to review the by-laws and articles of incorporation for the SPCA; and this hearing was continued to May 22, 2007, at 10:00 a.m. with the public portion being held open/Ayes: Aborn, Turpin, Fritz, Pickard; Noes: Bibby. 10:47 a.m. Recess 11:00 a.m. Jim Wilson, Fire Chief; Presentation of Accomplishments to Date on the Fire Safety Trailer Program BOARD ACTION: Jim Wilson introduced Marcella Good, Captain of the Mormon Bar Fire Station, and Tina Dearing, who has helped with presenting the fire safety trailer program at the schools and events in the County. Marcella Good gave a presentation on the history and use of the fire safety trailer. Discussion was held. The Board commended the volunteers for their work with this program. There was no public input. 11:18 a.m. A) Dana Hertfelder, Public Works Director; PUBLIC HEARING for the request of Approval of the Proposed Changes and Fee Revisions to the Mariposa County Public Works Recreation Facility Use Policy BOARD ACTION: Dana Hertfelder presented the staff report, and he advised that they are asking to include new facilities, Art Park, Amphitheater, and Skate Park, in the fee structure and use policy. There are no changes recommended in the fees. He responded to a question from the Board and advised that this item was presented to the Parks and Recreation Commission and they approved the recommendation. The public portion of the hearing was opened and there was no public input. The public portion of the hearing was closed and the Board commenced with deliberations. Dana Hertfelder responded to questions from the Board as to whether there is a fee for use of the picnic area at the Mariposa Park; and relative to the charge for the use of the Midpines Park by the Church. (M)Fritz, (S)Turpin, Res. 07-203 was adopted approving the changes and fee revisions to the Mariposa County Public Works Recreation Facility Use Policy/Ayes: Unanimous. The hearing was closed. B) John Davis, Building Director; PUBLIC HEARING for the Request of Approval of the Proposed New Fee Schedule for the Building Department Based Upon the Increase of Overhead to Provide Code Enforcement for Mariposa County BOARD ACTION: John Davis presented the staff report. Eileen Collins/Building-Development Services Technician, reviewed the process that was used to obtain the recommended fees. The public portion of the hearing was opened and input was provided by the following: ---PAGE BREAK--- 5 5-15-07 Dick Hutchinson questioned the 1680 hours that was used for the study as the work year, and stated he thought this is a little low. Eileen Collins responded that this is the number of hours used by the industry as a standard. The public portion of the hearing was closed and the Board commenced with deliberations. Staff responded to questions from the Board relative to this being the same proposal as was submitted previously with the request to schedule the hearing, and relative to the code enforcement reference in the Uniform Building Code. (M)Pickard, (S)Fritz, Res. 07-204 was adopted approving new fee schedule for the Building Department/Ayes: Unanimous. The hearing was closed. 11:35 a.m. LOCAL TRANSPORTATION COMMISSION (Chair – Commissioner Lyle Turpin, Vice-Chair – Commissioner Dianne Fritz) A) Public Presentation – None B) Discussion, Direction and Action Regarding Mariposa County’s Proposed State Transportation Improvement Program (STIP) Augmentation (Public Works Director) COMMISSION ACTION: Input from the public was provided by the following: Paul Chapman asked why the marker numbers for the project on Ben Hur Road changed. Dana Hertfelder advised that under the SAFETEA-LU program, the original proposal was to pave a lower portion of Ben Hur Road; and now they are recommending that work be done instead on an upper portion, and he noted that the traffic counts were taken into consideration with the recommended change. He advised that the RTIP, approved in April, was submitted to the State as a part of the STIP augmentation process. He advised of discussions with CalTrans concerning the Old Highway bridge project and the cost overruns for the environmental review by CalTrans and relative to the status of the project. He advised that the Commission has three options: 1) stay with the original RTIP that was approved on April 17, 2007; 2) program the 1.5 million dollars for the Old Highway bridge project that CalTrans is asking for; or 3) commit over 90 percent of the program funds through 2011 to the Old Highway bridge project. He recommended the option of staying with the original RTIP as submitted to the State. Discussion was held. The Commission continued this item and its meeting to 1:30 p.m. 11:51 a.m. Serve lunch at the Senior Activity Center. 1:32 p.m. The Local Transportation Commission reconvened. Continued discussion was held relative to the STIP augmentation, including preparing a letter to the California Transportation Commission explaining why the projects requested by the Local Transportation Commission are more important to the County than the Old Highway bridge project and providing information on its history. Commissioner Pickard suggested that Chair Turpin testify before the California Transportation Commission and read the letter into the record, with a copy of the letter to be sent to RCRC, CSAC, Governor Schwarzenegger, our legislators and Advocation. Commissioner Bibby asked if there is any record on ownership of the Old Highway bridge. (M)Pickard, (S)Fritz, LTC Res. 07-4 was adopted approving the original RTIP as approved by the Commission on April 17, 2007 and submitted to the State; direction was given to the Public Works Director to prepare a letter for the Chair’s signature, and to be distributed as discussed; and direction was given for Chair Turpin to represent the Local Transportation Commission at the California Transportation Commission proceedings/Ayes: Unanimous. Commissioner Pickard suggested that staff also attend the California Transportation Commission proceedings, and he recommended that Wes Lujan/Advocation be included in the process. 2:08 p.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, County Administrative Officer, advised that CalTrans will be holding an open house on Mary 23rd to present the various options for the long-term fix; and to obtain ---PAGE BREAK--- 6 5-15-07 public input. He advised that Congressman Radanovich, Senator Cogdill and Berryhill would like to be present when CalTrans gives a summary of the May 23rd meeting, to get input from the Board; and they have requested that the Board meet on May 29th. He has been in contact with the Park Service relative to coordinating the socioeconomic study. He has been in contact with the transportation consultant, and he recommended tabling this issue until after the meeting with CalTrans and the legislators. He recommended that the local emergency be continued. Discussion was held. Input from the public was provided by the following: Paul Chapman stated he feels that if the legislators are going to be here, that the Board should be here to meet with them, even if it is a fifth Tuesday (not a regularly scheduled Board meeting date). The Board concurred with directing the County Administrative Officer to place an item on the May 22nd agenda to continue to the meeting to May 29th as discussed. (M)Fritz, (S)Turpin, Res. 07-205 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. Consider Items Removed from the Consent Agenda Consent Agenda item 16 – agreement with Yosemite Renaissance. (M)Fritz, (S)Aborn, item 16 was approved/Ayes: Aborn, Turpin, Fritz, Pickard; Noes: Bibby. CLOSED SESSION: Liability Claims; Claimant Name: Vincent M. Remillard; Claim Number: C07-9; Name of Agency Sued: County of Mariposa (County Administrative Officer/Personnel/Risk Manager) BOARD ACTION: This closed session was not held. 2:22 p.m. CLOSED SESSION: Conference with Legal Counsel: Anticipated Litigation; California Government Code Section 54956.9(a); Name of Claimant or Case Number and Name of Adverse Parties: Bob Moss v. County of Mariposa; Case No. 8889 (County Counsel); and CLOSED SESSION: Conference with Legal Counsel: Existing Litigation: California Government Code Section 54956.9(a); Name of Claimant of Case Number and Name of Adverse Parties: Victor Liles v. County of Mariposa; Case No. 8820 (County Counsel) BOARD ACTION: There was no public input. (M)Fritz, (S)Aborn, the closed sessions were held/Ayes: Unanimous. 2:37 p.m. Chair Bibby announced the following actions that were taken as a result of the closed session items: approve settlement in the amount of $1,500 by unanimous vote for the case of Moss v. County of Mariposa; and approve settlement in the amount of $10,000 by unanimous vote for the case of Liles v. County of Mariposa. CONSENT AGENDA: CA-1 Approve Agreement with the Secretary of State to Assist in Implementing HAVA Section 261 and Authorize the Board of Supervisors Chair to Sign the Agreement; Approve Budget Action Increasing Revenue and Appropriations in Accepting HAVA Grant Money for Voter Accessibility/Disability and Authorize the Board of Supervisors Chair to Sign the Agreement ($2,497) (4/5ths Vote Required) (County Clerk/Tax Collector/Treasurer); Res. 07-193 CA-2 Approve Agreement No. 07-0045 with California Department of Food and Agriculture (CDFA) for Combined County Petroleum Products Compliance and Weighmaster Enforcement Program for Fiscal Year 2007/2008 (Agricultural Commissioner); Res. 07- 194 ---PAGE BREAK--- 7 5-15-07 CA-3 Approve the California Integrated Waste Management Board (CIWMB) Approved Resolution Authorizing the Public Works Director to Apply for Used Oil and Household Hazardous Waste (HHW) Grants through 2010 to the CIWMB and Authorize Working with ESJPA, R-3 Consulting and/or Sweetser and Associates for Upcoming HHW Grant Applications (Public Works Director); Res. 07-195 CA-4 Authorize the Public Works Director to Accept Three Murals Painted by the Community to be Hung as the Backdrop to the Arts Park Stage (Public Works Director); Res. 07-196 CA-5 Adopt a Resolution and Accept Funding for the Continuation of the Mariposa County Juvenile Justice Crime Prevention Act (JJCPA) Administered by the Corrections Standards Authority (CSA) in the Amount of $58,182 for Fiscal Year 2007/2008 (Chief Probation Officer); Res. 07-197 CA-6 Appoint Gail H. Tyler and Stephen Huff to the Coulterville Planning Advisory Committee, Terms Expiring February 28, 2009; and Re-appoint Robert Jobe to the Coulterville Planning Advisory Committee, Term Expiring February 28, 2009 (Supervisor Turpin) CA-7 Appoint Ken Pulvino to the Greeley Hill Planning Advisory Committee, Term Expiring February 28, 2009 (Supervisor Turpin) CA-8 Approve an Amendment to the Assessment Office Manager Job Description Effective Immediately (County Administrative Officer/Personnel/Risk Manager); Res. 07-198 CA-9 Approve Recommendation of Rejection of Claim No. C07-9 filed by Vincent M. Remillard for $222.97 and Authorize the Board of Supervisors Chair to Sign the Notice of Rejection (County Administrative Officer/Personnel/Risk Manager); Res. 07-199 CA-10 Appoint Richard Gibson to Serve as a Member-at-Large on the Mental Health Board, Term Expiring May 15, 2010 (Human Services Director) CA-11 Approve Budget Actions Transferring Funds within the Human Services Department’s Various Budget Units to Cover Anticipated Expenditures at Year End ($27,200) (Human Services Director); Res. 07-200 CA-12 Approve Recommended Appointment of Janet Bibby, Member, Board of Supervisors, Mark Gallagher, Member at Large and Mary Kay Cruz, Technical Expert to the Independent Hearing Panel for the Local Enforcement Agency (Health Officer) CA-13 1) Proclaim the Month of May, 2007 as “Senior Awareness Month”, 2) Approve a Certificate of Recognition to Earl Rogers for Sharing His Exceptional Talent and for His Outstanding Commitment in Teaching Art Classes to the Community of Mariposa, and 3) Approve a Certificate of Recognition to Mary Paige for Her Outstanding Commitment to the Community of Mariposa as an Exemplary Volunteer (Community Services Director) CA-14 Approve Agreement with Yosemite Area Regional Transportation System (YARTS) Joint Powers Authority (JPA) to Continue Providing Round Trip Transit Services from Mariposa County to Merced Junior College and Authorize the Board of Supervisors Chair to Sign the Agreement (County Counsel); Res. 07-201 CA-15 Approve the Annual Mariposa County Pioneer Wagon Train Event and the Pioneer Wagon Train Appreciation Dinner as County Activities and Authorize the Board of ---PAGE BREAK--- 8 5-15-07 Supervisors Chair to Sign an Agreement with the 35-A District Agricultural Association and an Operating Plan and Special Use Permit with the Sierra National Forest (County Counsel); Res. 07-202 CA-16 Approve Grant Agreement with Yosemite Renaissance and Authorize the County Administrative Officer to Sign the Agreement (County Administrative Officer/Personnel/Risk Manger); Res. 07-206 2:38 p.m. Adjournment in memory of Sharon Hofflund Dunne Denys and David R. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board