Mariposa County Board of Supervisors Summary of Proceedings July 8, 2008 Time Description

Recommendations 1

• R08-14
  was adopted approving the OWP/Ayes: Turpin, Bibby, Fritz, Pickard; Excused: Aborn. 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 Kome Ajise and Julie Dunning, CalTrans are planning to make a presentation to the Board on October 14th relative to the status of the permanent fix; and he recommended that the local emergency be continued. Supervisor Bibby advised of an email she received from Kome Ajise advising that they are doing everything possible to move this process forward. (M)Fritz, (S)Bibby, Res. 08-458 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. Discussion and Possible Further Action Regarding Continuation of the Local Emergency Due to the Recent Fires, Oliver Fire (County Administrative Officer) BOARD ACTION: Rick Benson recommended that the local emergency be continued until such time as full reimbursement is received. (M)Pickard, (S)Bibby, Res. 08-459 was adopted finding the local emergency due to the Oliver Fire continues to exist, and continuing the local emergency based on the findings/Ayes: Turpin, Bibby, Fritz, Pickard; Excused: Aborn. Discussion and Possible Further Action Regarding Continuation of the Local Emergency Due to the Recent Fire, Telegraph Fire (County Administrative Officer) BOARD ACTION: Rick Benson recommended that the local emergency be continued, and he referred to the SEAT report that was given this morning and the on-going activities. Supervisor Bibby reiterated her previous request that BLM be asked to come and give a report to the Board on addressing the Burma Grade issues and the issues raised in the SEAT report. (M)Fritz, (S)Bibby, Res. 08-460 was adopted finding the local emergency due to the Telegraph Fire continues to exist, and continuing the local emergency based on the findings/Ayes: Turpin, Bibby, Fritz, Pickard; Excused: Aborn. Review and Approval of the Pre-application Document (PAD) for the Merced Irrigation District’s Merced River Hydroelectric Project Relicensing (County Administrative Officer/Personnel/Risk Manager) BOARD ACTION: Chair Turpin advised that Mark Rowney is compiling information for a response and he has contacted MID relative to the timeframes for responding; and this matter is being continued to October 7th. Chair Turpin asked the County Administrative Officer to work with Mark Rowney to separate the Water Agency and Board of Supervisors issues. 1:56 p.m. Supervisor Aborn was present. MARIPOSA COUNTY WATER AGENCY (Chair – Director Aborn; Vice-Chair – Director Turpin) A. Public Presentation Paul Chapman provided input relative to his review of diaries and the fish that Mr. Martin discussed – he feels it was carp and not salmon that was in the Merced River. He advised that there is an archeological/historical survey that was conducted when Exchequer was built and that survey would contain information. Jeff Gabe, Merced River Conservation Committee, commented on the input concerning information previously provided by Mr. Martin. B. Review and Approval of the Pre-application Document (PAD) for the Merced Irrigation District’s Merced River Hydroelectric Project Relicensing (County Administrative Officer/Personnel/Risk Manager) AGENCY ACTION: Rick Benson advised of his discussion with Mark Rowney relative to gathering information for the Agency to review; and that he confirmed with MID that submitting a response after the meeting of October 7th is within their timeframes. The matter was continued to October 7th. Review of the Board’s Meeting Schedule for the Rest of the Calendar Year and Possible Action to Cancel and/or Reschedule Meetings (Board Clerk) BOARD ACTION: Chair Turpin initiated discussion relative to the schedule. County Counsel advised of a legal brief that was presented on the draft Yosemite West Special Plan last week, and he advised that the Board needs to consider whether he should be present for the workshop or to continue the workshop until after November 1st to have consistency with counsel for this matter. Rick Benson advised that he will work with the Planning Director to bring back an item for the October 7th agenda to consider canceling the October 18th workshop. (M)Aborn, (S)Bibby, Res. 08-461 was adopted canceling the November 12th meeting (November 11th is a holiday in observance of Veterans Day) and setting the Board meeting for Monday, November 10th; canceling the November 25th meeting due to the Thanksgiving holiday; and canceling the December 23rd meeting due to the Christmas holiday/Ayes: Unanimous. 2:13 p.m. Thomas P. Guarino, County Counsel; CLOSED SESSION: Conference with Legal Counsel: Anticipated Litigation; Initiating of Litigation Pursuant to Subdivision (c) of Government Code section 54956.9; Names of Cases to be Discussed: County of Mariposa v. Bartlett Petroleum; CLOSED SESSION: Public Employee Appointment; Building Department Director Appointment (County Administrative Officer/Personnel/Risk Manager); and CLOSED SESSION: Conference with Legal Counsel: Existing Litigation: California Government Code Section 54956.9(a); Name of Claimant or Case Number and Name of Adverse Parties: County of Mariposa v. Wayne and Dorothy Scholkowfsky; Case No. 8890 (County Counsel) BOARD ACTION: (M)Fritz, (S)Pickard, the closed sessions were held/Ayes: Unanimous. 4:58 p.m. Chair Turpin asked County Counsel to report on the Bartlett Petroleum matter; and County Counsel advised that the Board took action to authorize County Counsel to negotiate to retain the services of Meyers/Nave for this matter by unanimous vote. Char Turpin advised that the Board took action to offer the position of Building Department Director to Fred Lustenberger contingent on satisfactory completion of the pre-employment physical. The Clerk of the Board advised that this action was taken by a vote of four ayes, and Supervisor Aborn abstained. Chair Turpin advised that direction was given to staff for the Scholkowfsky case. CONSENT AGENDA CA-1 Approval of Summary of Proceedings of September 11, 2008, Continued Meeting (Clerk of the Board); Continued to October 7th CA-2 Approve the Second Amendment to an Agreement with Daniel W. Rowley, Esq. by Amending the Not to Exceed Amount to $20,000 and Authorize the Board of Supervisors Chair to Sign the Amendment (County Administrative Officer/Personnel/Risk Manager); Res. 08-446 CA-3 Adopt a Resolution Establishing the Tax Rate on the Bass Lake Joint Elementary School District Bond for the Secured Property Tax Roll of 2008-2009 (Auditor); Res. 08-447 CA-4 Adopt a Resolution Establishing the Tax Rate on the Yosemite High School Bond for the Secured Property Tax Roll of 2008-2009 (Auditor); Res. 08-448 CA-5 Adopt a Resolution Designating the Method by Which the Appropriation Limits will be Calculated for the Fiscal Year 2007-2008 (Auditor); Res. 08-449 CA-6 Adopt a Resolution Approving Exhibit A – Amendment 2008, which Constitutes the Revised Mariposa County Conflict of Interest Code (County Clerk/Treasurer/Tax Collector/Elections); Res. 08-457 CA-7 Adopt a Resolution Consolidating Mariposa County Unified School District Election, Lake Don Pedro Community Service District and for the Wawona Precinct only (of which Wawona-Fish Camp Area are a Part of the Following School Districts) Bass Lake School District Elections with the November 3, 2008 General Election, Pursuant to EC 10401; Directing County Clerk to Canvass Returns of Said Election Pursuant to EC 10411 and 15301; Directing County Clerk to Bill the Mariposa County Unified School District, Madera County Office of Education, and Lake Don Pedro Community Service District in Full for Cost of Services Performed in the Conduct of the Portion of the Election Relating to Each of their Respective Districts (County Clerk/Treasurer/Tax Collector/Elections); Res. 08-450 CA-8 Approve a Professional Service Agreement with John B. Anderson Land Use Planning to Provide Supplemental Staff Planning Services for the Silver Tip Resort Project and Authorize the Board of Supervisors Chair to Sign the Agreement (Costs to be Paid by Silver Tip) (Planning Director); Res. 08-451 CA-9 Approve Certificate of Recognition and Congratulations to Clifford “Smitty” Smith on Celebrating his 90th Birthday (Supervisor Bibby) CA-10 Approve a Letter of Support to the Federal Prevailing Rate Advisory Committee (FPRAC) for Wage Area Petition for Yosemite Wage Grade Employees that Would Move the Area of Survey from Fresno to Stockton and Authorize the Board of Supervisors Chair to Sign the Letter (Supervisor Aborn); Res. 08-452 CA-11 Approve a Resolution Adopting the Fiscal Year 2008-2009 Final Budget as Reviewed and Amended, and Authorize Certain Actions to Implement the Budget (County Administrative Officer/Personnel/Risk Manager); Res. 08-453 5:01 p.m. Adjournment in memory of Clifford E. Wass, Marguerite Campbell, and Cary Lynn Simms. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board LYLE TURPIN Chair, Board of Supervisors