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Time Description 9:06 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Introductions Lee Stetson, Chairman Resolution Recognizing Darlene Norman Upon her Retirement from the County Clerk’s Office BOARD ACTION: (M)Bibby, (S)Fritz, Res. 06-142 was adopted and presented to Darlene Norman/Ayes: Unanimous. Marjorie Wass, County Clerk, commended Darlene for her work with the County. Approval of Consent Agenda (See End of Minutes) BOARD ACTION: Chairman Stetson asked if the Board members had any questions on items 7 and 8 while the County Clerk was present. Supervisor Bibby pulled items 2, 6 and 7. Tom Guarino, County Counsel, advised of request to continue item 2, to be rescheduled. Supervisor Pickard pulled item 5. Consent Agenda item 7 – Letter of Understanding with Official Payments Corporation for the acceptance of credit card payments for taxes. Supervisor Bibby stressed that this is an optional program. Marjorie Wass, Treasurer-Tax Collector, advised that they do not get very many requests for credit card payments. Discussion was held. Chairman Stetson called for public input on this item, and none was received. (M)Bibby, (S)Fritz, item 7 was approved/Ayes: Unanimous. Chairman Stetson called for public input on the rest of the Consent Agenda, and none was received. (M)Pickard, (S)Turpin, the balance of the agenda was approved/Ayes: Unanimous. Consent Agenda item 5 – Letter supporting AB2479, legislation to fund weed management areas for the control of invasive weeds. Supervisor Pickard thanked Cathi Boze, Agricultural Commissioner, for her assistance with this matter; and he provided information relative to the history of this matter. He asked that information be provided later in the legislative process on how the cost share has been used to leverage in-kind and hard cash contributions for projects. (M)Pickard, (S)Turpin, item 5 was approved. Supervisor Turpin asked that information on the history of the previous funding and projects be compiled. Supervisor Pickard advised that he would be willing to work with Supervisor Turpin on this matter. Ayes: Unanimous. Consent Agenda item 6 – MOU with MCMCO. Kristy Waskiewicz, AFSCME representing Mariposa County Management and Confidential employees (MCMCO), commented that she felt the labor negotiation process was professional and productive when the negotiator was changed. Supervisor Bibby asked about the implementation of the drug policy and asked for assurance that the training requirements would be implemented and that the appropriate records would be kept; and she suggested that the confidential employee positions be listed in the appendix. Tom Guarino, County Counsel, advised that there has been a staff level discussion of putting together a program for unrepresented personnel. Supervisor Bibby asked for clarification of the administrative leave and the status of this benefit with the confidential employees. Tom Guarino advised that he could obtain information on that. Kristy Waskiewicz noted that they are banned from representing the confidential employees. Supervisor Bibby asked for clarification of the Board’s action to assign the Administrative Analyst-Business Development to the MCMCO bargaining unit, and she asked for clarification of the meet and confer process to include this position in this bargaining unit as she did not remember this MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA April 25, 2006 ---PAGE BREAK--- 2 4-25-06 coming to the Board before today. Kristy Waskiewicz advised that she was not aware of anything coming to the Board for this position. Mary Hodson, Deputy County Administrative Officer, advised that an item was brought to the Board last year to designate this position as confidential and the item was pulled and has not been brought back. She further advised that the position was brought to the Board and designated as a management position when it was created, which can be done without the meet and confer process. (M)Fritz, (S)Turpin, item 6 was approved/Ayes: Unanimous. 9:38 a.m. Recess 9:47 a.m. Public Presentation: For Non-Timed Agenda Items including Attention, Information, and Consent Agenda, and for Items Not on the Agenda Kent Lobino, Greeley Hill, commented on the labor negotiations for the deputies; and he expressed concern that there is preferential medical benefits for management and that all of the employees do not receive the same. Elsie Simmonds, Greeley Hill, advised that they formed a coalition to work more closely with Supervisor Turpin to receive more benefits for the North County, including law enforcement coverage; and they agree with Mr. Lobino’s comments. She advised that they will be coming to the Board for more coverage in the North County. Tom Love, Realtor with Coldwell Banker in Greeley Hill, stated he hopes the labor negotiation situation with the deputies is resolved soon. He gets a lot of people asking about the crime level in the North County, and he feels that if the situation is not resolved, that it will affect the crime level. He also noted that they are losing teachers in their school and that is not acceptable. Dick Hutchinson stated he received a phone call from a Supervisor asking to clarify his challenge for the Supervisors to meet with the departments and employees. He referred to a previous work experience he had and the impact it made on him when he met the company’s supervisor and that supervisor showed care and compassion. He asked if the Board knows the transient occupancy tax rate for the County, and he noted that several other areas that he checked with have a higher tax rate. He feels that revenue from an increase could be used for road maintenance and parking districts. Supervisor Bibby noted that the transient occupancy tax rate was discussed with the recent Visitor’s Bureau presentation on activities, and she asked the Tourism Coordinator to bring back information on the tax rates. Eleanor Keuning commented on the condition of Leonard Road and stated she feels that it needs maintenance. Board Information Supervisor Bibby complimented Mary Hodson and staff for their work on organizing the San Joaquin Valley Regional Association of California Counties (SJVRACC) conference that was held last week in Fish Camp. She advised that she attended the dedication of the “Grandpa Doug” student center at Mariposa Middle School on Saturday. She attended a GSEC (Grizzly Student Events Center) meeting on Monday evening, and she encouraged the Board members and citizens to attend and learn about this project. She plans to attend the Mother Lode Job Training Board of Directors meeting in Sonora on Wednesday. She plans to participate in the “Clean and Proud” clean-up effort on Saturday, and to attend the FFA Boosters dinner event. She provided information on the update received from the Building Director relative to the re-opening of the Arts Council and Ahern Massage Therapy School; and she advised that the Pizza Factory is still closed pending repairs to the building. Supervisor Fritz referred to a letter received from Dick Hutchinson and KSEE 24’s recent publicity from the town of Mariposa, and she thanked everyone for their part in this event. She advised that the Master Gardeners will be holding a plant sale on the weekend of May 6th at the Fairgrounds. She thanked Skip Skyrud for the photograph used for the cover of the program for the SJVRACC conference, and she commended Mary Hodson and staff for their efforts with this conference. She also thanked all of the Board members for attending and participating with the sessions. She advised of the actions taken at the conference relative to: 1) support UC Merced’s acquisition of a medical school in the area; 2) San Joaquin water storage and Temperance Flat Dam; and 3) oppose AB 2469 which would ---PAGE BREAK--- 3 4-25-06 alter the realignment structure for IHSS. She advised that she has scheduled a District IV meeting on the second Tuesday of May in the Board Chambers. Supervisor Turpin advised that he attended the SJVRACC conference. He advised that a meeting is scheduled for this evening in Don Pedro for an update on the wastewater project; and the Pedestrian and Equestrian Trails Advisory Committee is scheduled to meet on Thursday. Supervisor Pickard advised of the issues that were discussed with the committee he chaired at the SJVRACC conference. He provided a status report on AB 1960, gas tax legislation for counties with no incorporated cities. Supervisor Stetson advised of the Sierra Business Council and Sierra Alliance and Sierra Nevada Conservancy meetings he attended. Marjorie Wass, County Clerk; a) Approve an Extra Help Employment Agreement with Darlene Norman Effective May 1, 2006 through June 30, 2006 and Authorize the County Clerk to Sign the Agreement BOARD ACTION: Following discussion with Marjorie Wass, (M)Pickard, (S)Bibby, Res. 06-151 was adopted approving the agreement/Ayes: Unanimous. b) Adopt the Job Description for a System Support Analyst; Authorize the Allocation of a System Support Analyst Position to the Elections Budget Effective May 1, 2006; Set Salary at Range 301 - $2,477-$3,011; and Appropriate Funds from Election Fees ($8,064) (4/5ths Vote Required) BOARD ACTION: Discussion was held with Marjorie Wass. (M)Pickard, (S)Fritz, Res. 06-152 was adopted approving the requests, effective May 1, 2006. Supervisor Bibby asked for clarification of the projected savings in the overtime and extra help budgets. Ayes: Unanimous. Dana Hertfelder, Public Works Director; a) Discussion and Possible Direction Regarding the Location of the Proposed Fire Station for the Bridgeport and Yaqui Gulch Area. BOARD ACTION: Discussion was held with Dana Hertfelder, and he reviewed the history of the review of sites for the fire station and the issues associated with each of the sites: 1) original offer of property from Frank Long; 2) property owned by the School District; and 3) Frank Long’s recent offer of three acres. Supervisor Bibby asked about the process for using land under the Williamson Act Contract for public improvements, and discussion was held. Input from the public was received from the following: Frank Long asked how much has been spent thus far for this project, and he commented on the need to get this project done. He referred to his previous offer of property in 1995 and the status. He stated he still wants the driveway surfaced as the County promised; and he wants this project completed within a certain time or there will be an implementation of a reversion clause. He also expressed concern with the quality of the sound system in the Board Chambers. Dennis Bunning stated the Agricultural Advisory Committee wanted to make sure that the proper process is being followed, and that this goes through the Committee. He stated they are okay with the offer to trade other land into the Williamson Act for this parcel, and Mr. Long’s generous offer is appreciated. Supervisor Bibby referred to a letter received from Roger Siebecker relative to this project and the response time, and she noted that this station will provide coverage for the Williamson Act land in the area. (M)Turpin, (S)Fritz, the Board accepted the offer of donation of the three acres from Frank Long for the fire station. Further discussion was held. The motion was amended, agreeable with the maker and second, to include direction to pursue this proposal and that the proper process be followed relative to the Williamson Act regulations. Supervisor Pickard asked that staff bring back information on the conditions of acceptance of the offer and on the siting of fire station on the parcel. Frank Long suggested that the Agricultural Advisory Committee hold a special meeting to move this project faster. Tom Guarino, County Counsel, suggested that direction be given to staff to meet with Mr. Long for the transfer of the land with conditions; and once that is accepted by the Board, staff could move forward with the project. The motion was further amended, agreeable with the maker and second, to accept ---PAGE BREAK--- 4 4-25-06 County Counsel’s suggestion. Supervisor Bibby clarified that this would also immediately start the Williamson Act process. Ayes: Unanimous. b) Adopt a Resolution Preliminarily Approving the Engineers Report, Boundary Map, and Directing Related Actions for Assessment District No. 05-1 Don Pedro Wastewater Facilities Project, Lake Don Pedro County Service Area 1-M, Sewer Zone No. 1; and Setting Public Hearing for June 13, 2006 at 2:00 p.m. BOARD ACTION: Discussion was held with Dana Hertfelder, and he advised that only one bid was received for the project which exceeded the Engineer’s estimate by over two million dollars. He reviewed options and advised of the possibility of obtaining a grant from the State Water Resources Control Board. Fred Solomon, project manager, advised of the timelines involved in this project and the notification of the grant award. Discussion was held. Supervisor Bibby asked about the status of receiving confirmation that this project could be constructed and that the Williamson Act Land Conservation issues have been resolved. Dana Hertfelder stated he feels the issues have been resolved. Tom Guarino, County Counsel, advised that no information has been received since the Board acted previously on this item; and he feels that it meets the process. Fred Solomon also responded relative to the letter received from the Department of Conservation on this issue, and he advised of the process for the Board to allow a public improvement on Williamson Act land. Input from the public was received from the following: Dennis Bunning advised that the last correspondence received by the Agricultural Advisory Committee advised that unless there is a cancellation of the Williamson Act contract on the land, the project would need to wait for the contract to expire or is cancelled; or the Board would be in violation of the regulations. He advised that Planning has a copy of the letter and that he spoke with Dennis O’Brien at the Department of Conservation. Discussion was held. Supervisor Bibby asked about holding this process until there is clarification. Tom Guarino, County Counsel, advised that the Board could take action today and direct staff to further evaluate any issues and come back if there is a problem. Dana Hertfelder clarified that the action today moves the project forward and does not commit to construction. He advised that they could have an answer to any concerns about the land prior to the public hearing and construction of the project. The matter was continued for the LAFCo to continue its meeting. 11:06 a.m. Chairman Stetson advised that LAFCo would convene after the following items. Further discussion was held relative to the Don Pedro wastewater project and options. (M)Turpin, (S)Pickard, Res. 06-153 was adopted preliminarily approving the Engineer’s Report and the Boundary Map; approving the alternative number two recommendation which forgives or lets stand as an un- assessed loan the past Nolte/biological/environmental consultant work in the amount of $218,692, deletes the SCADA telemetry system budgeted at $275,000, eliminates the project planning contingency of $112,000, and assumes additional grant funding of $1,541,000; with direction for the Assessment Engineer to modify the report to reflect those changes; directing related actions for the Assessment District No. 05-1, Don Pedro Wastewater Facilities Project, Lake Don Pedro County Service Area 1-M, Sewer Zone No. 1; and directing that the concerns relative to the Williamson Act contract be clarified. Supervisor Bibby clarified that the $218,692 is an un-assessed loan and that the Board is not determining today to forgive the loan – the motion was amended, agreeable with the maker and second, to include this clarification. Ayes: Unanimous. c) Approve a Professional Service Agreement with CH2MHill in the Not to Exceed Amount of $60,000 for the Replacement or Rehabilitation of Five Bridges that the County Currently has Programmed for Funding Through the Highway Bridge Replacement and Rehabilitation Program (HBRR); Authorize the Chairman of the Board of Supervisors to Sign the Agreement. BOARD ACTION: Discussion was held with Dana Hertfelder relative to the status of the following pending bridge projects: Triangle Road over Snow Creek, and he advised that he would need to further research the previous Board action relative to this project; Old Toll Road over Bear Creek, and Supervisor Bibby asked that right-of-way issues be identified for the projects; Darrah Road over the ---PAGE BREAK--- 5 4-25-06 West Fork of the Chowchilla River; Dogtown Road over Maxwell Creek; and Indian Gulch Road over Bear Creek. Dana advised that the requested action will help to bring the County current with the status of these projects. (M)Turpin, (S)Pickard, Res. 06-154 was adopted approving the agreement/Ayes: Unanimous. d) Approve a Professional Service Agreement with Roger Stephens Engineering to Provide Drafting and Engineering Services for Various Small Projects for the County in the Not to Exceed Amount of $20,000; Authorize the Chairman of the Board of Supervisors to Sign the Agreement BOARD ACTION: Following discussion with Dana Hertfelder, (M)Pickard, (S)Fritz, Res. 06-155 was adopted approving the agreement/Ayes: Unanimous. 11:31 a.m. Chairman Stetson advised that the Board would reconvene after the LAFCo meeting; and the Board recessed. 11:41 a.m. Kris Schenk, Planning Director; LOCAL AGENCY FORMATION COMMISSION (LAFCo) Meeting (See Separate Minutes) 12:26 p.m. The Board reconvened. Authorize the Chairman of the Board of Supervisors to Sign a Letter in Support of AB 2840, Which Would Require a Study be Conducted Before any Changes can be made to the Method that Auto Insurance Rates are Calculated; and Authorize the Chairman of the Board of Supervisors to Sign the Coalition Sign-Up Form in Support of AB 2840 (Supervisor Fritz) BOARD ACTION: Following discussion, (M)Bibby, (S)Pickard, Res. 06-156 was adopted supporting AB 2840/Ayes: Unanimous. Approve the Northside Ambulance Association Potluck Dinner and Dance on May 12, 2006, as a County Sponsored Event for Insurance Reasons (Supervisor Turpin) BOARD ACTION: Following discussion, (M)Bibby, (S)Fritz, Res. 06-157 was adopted approving the request/Ayes: Unanimous. Approve the Events Occurring in the Mariposa Arts Park and the Sidewalks on Joe Howard Road between the Rest Stop and Pioneer Market on May 6, 2006, as part of Mariposa’s Butterfly Festival as a County Sponsored Event for Insurance Purposes (Supervisor Fritz) BOARD ACTION: Discussion was held. Supervisor Bibby asked that the event be coordinated with Public Works to avoid conflicts with construction in the area. (M)Bibby, (S)Turpin, Res. 06-158 was adopted approving the request/Ayes: Unanimous. Approval of Minutes of March 21, 2006, Regular Meeting (Clerk of the Board); Approval of Minutes of March 22, 2006, Regular Meeting, Continued from March 21, 2006 (Clerk of the Board); Approval of Minutes of March 23, 2006, Regular Meeting, Continued from March 22, 2006 (Clerk of the Board); Approval of Minutes of March 27, 2006, Regular Meeting, Continued from March 23, 2006 (Clerk of the Board); Approval of Minutes of March 27, 2006, Special Meeting (Clerk of the Board); and Approval of Minutes of March 28, 2006, Regular Meeting (Clerk of the Board) BOARD ACTION: (M)Bibby, (S)Fritz, the minutes were approved/Ayes: Unanimous. CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: Sheriffs’ Management Association (SMA); Name of County Designated Representative: Thomas P. Guarino, County Counsel / (Interim Personnel-Risk Manager); and ---PAGE BREAK--- 6 4-25-06 CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: Mariposa County Managerial/Confidential Organization (MCMCO); Name of County Designated Representative: Thomas P. Guarino, County Counsel / (Interim Personnel-Risk Manager) BOARD ACTION: Tom Guarino, County Counsel, asked that these items be continued to May 2, 2006. CLOSED SESSION: Liability Claims; Claimant Name: Richard Radanovich Enterprises, Claim Number: C06-2, Agency Claimed Against: County of Mariposa (County Counsel); 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: Bob Moss v. County of Mariposa, Mariposa County Superior Court Case No. 8889 (County Counsel); and CLOSED SESSION: 1) Public Employee Appointment; Title or Position to be Filled: County Administrative Officer; 2) Public Employee Employment Title or Position to be Filled: County Administrative Officer (Government Code Section 54957 (County Counsel/Interim Personnel- Risk Manager) BOARD ACTION: (M)Bibby, (S)Fritz, the closed sessions were held/Ayes: Unanimous. 12:34 p.m. Supervisor Bibby excused herself from the following closed session matters as her cousin is employed at the Jail and her husband is employed by the Sheriff’s Department. CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: Deputy Sheriffs’ Association (DSA); Name of Designated Representative: Thomas P. Guarino, County Counsel / (Interim Personnel-Risk Manager) BOARD ACTION: (M)Fritz, (S)Pickard, this closed session was held/Ayes: Stetson, Turpin, Fritz, Pickard; Excused: Bibby. 1:52 p.m. Recess 2:00 p.m. The Clerk of the Board opened the Public Hearing to consider General Plan/Zoning Amendment No. 2005-235, and continued it until after the Board’s recess from the closed session matters. 2:24 p.m. The Board reconvened in open session. Chairman Stetson announced that direction was given to staff as a result of the closed session matters; and that the closed sessions were continued to later this date. Kris Schenk, Planning Director; PUBLIC HEARING to Consider General Plan/Zoning Amendment No. 2005-235. Action Includes Adoption of a Resolution Approving Project Finding the Project is Exempt from Environmental Review, and Waiving the First Reading and Introducing an Ordinance Amending Zoning Ordinance Text. The Project Proposes to Amend the Agricultural Exclusive (AE) Land Use and Zoning Designation, to Amend the List of Permitted and Conditional Uses and to Add Definitions. County of Mariposa, Project Proponent. BOARD ACTION: Sarah Williams, Deputy Planning Director, presented the staff report; reviewed permitted and conditional uses and agricultural uses; she advised of the Agricultural Advisory Committee’s review of this zoning amendment and their recommendations; and she reviewed the recommended text for the zoning amendment. She advised that the there are two items in this text amendment that are not consistent with the draft September 2005 version of the General Plan Update, and those are agri-tourism and mining uses. She advised of correspondence received from Attorney Starchman for Grace Notes Ministries, requesting that churches be addressed; and she advised of a letter received from Attorney Bryant requesting a correction to the staff report and her response. She also advised of a correction to the resolution and the exhibit itself, to reflect exhibit Staff responded to questions from the Board relative to the SMARA permit processing requirements, and whether the State could change those requirements; consideration of including the heliports and private ---PAGE BREAK--- 7 4-25-06 airstrips in permitted uses since they are covered by State regulations; clarification of changes to the General Plan Update with regards to the change for the mining and rock processing uses; relative to being able to define commercial hog and chicken farms and “intensive” and agri-tourism uses; relative to the 1500 foot setback requirement for slaughter houses; as to what is involved in processing permitted agri-tourism uses; consideration of the issue relative to allowing church uses as this issue was not considered by the Agricultural Advisory Committee or the Planning Commission; and whether a negative declaration or an environmental impact report would be required for conditional uses. The public portion of the hearing was opened and input was provided by the following: Frank Long stated that, last he knew, mining was permitted in all classes of zoning in the County. He stated he feels that mining is important to this County, and people can work on very negligible profits, and it results in materials that people need, like driveway materials. He noted that SMARA controls mining, and he referred to his experience in obtaining the permits and the regulations. He stated he does not feel that we want to lock up ingenuity and initiative in this County. He feels that if someone is willing to come here and make a living, we should not throw up too many road blocks, and SMARA has enough requirements. He also noted that cell phone service is not good in his area; and he feels that cell towers should be included as a conditional use. He suggested that the Board make whatever changes are necessary and process this Ordinance. Don Starchman, Starchman and Bryant Law Offices, stated he feels that the Ordinance is good – probably as good as we will get at this time. He referred to the previous discussion with Title 17 and consideration of limiting the number of animals; and he noted that it was felt the Nuisance Ordinance would cover those issues. He cited an example of having one hog on the property line with problems versus having twenty away from the line and no problems. Thus, the Title 17 Committee did not address limits. He stated he would like to see church uses addressed with this amendment. Bob Benson, Catheys Valley, stated he agrees with Frank Long relative to the public utility transmission and distribution lines being included in conditional uses. Supervisor Pickard clarified Mr. Benson’s request that they be included as conditional uses. David Butler stated he feels the utility issue should be in the permitted uses as there are large parcels that do not have power yet. Cathie Pierce, President of Mariposa County Farm Bureau, presented a letter from the Farm Bureau and she advised that their Board of Directors discussed this at their meeting on April 18th; and this amendment is not what the Agricultural Advisory Committee had in mind. They thought there would be discretionary reviews and not conditional use permits. They feel the list of proposed conditional uses are open-ended, leaving them to the interpretation of an individual department head. She asked who will determine “intensive commercial” use and how it will be determined what is commercial and what is not. She noted that the issue that brought this matter to the forefront was the discussion of a dairy in the out lying area of Catheys Valley and neighbors’ concerns relative to potential impacts of the dairy operation, including traffic, odor, flies, water quality runoff and subsurface water impacts. She noted that there is a Peruvian Paso horse operation next door to the area where the dairy was being inquired about; and she feels that the use of this land is intensive. She stated that she feels that commercial agriculture is what people are raising to provide food and fiber. She also noted that they are not aware of any commercial operation that this amendment would affect. They continue to have concerns about water issues throughout the County. She advised that they oppose this amendment in its current form and request that it be tabled to look at Fresno and Kings Counties discretionary review and approval process; or, that this be sent back to the Agriculture Advisory Committee or the Planning Commission for further review and to attempt to find a compromise. She advised that they have written several letters to the County relative to Williamson Act issues and they have not received any response. Cliff Gardner, President of the Local Wine Grape Growers’ Association, referred to the letter they wrote, and he stated they feel that this amendment addresses their concerns. They do not have a position on the mining issues. Wain Johnson referred to the “intensive” agricultural use issue, and he stated he feels that the issue is the intent of the use; i.e., 4-H and FFA projects would not be intensive use. He feels that having a number of animals would be a commercial operation. He stated he feels that the proposed ---PAGE BREAK--- 8 4-25-06 amendment is good, and he does not see any reason to postpone or send the amendment back to the Agricultural Advisory Committee. He encouraged the Board to adopt the amendment. Theresa Castaldi stated she owns agricultural land with cattle, and she feels that this is a good plan for the County. She feels that it maintains open space and makes it easier for specialty agriculture to work within the regulations. Linda Dinnel stated she has visited the Peruvian Paso horse operation and there were no flies and it was very clean. She stated the area where the dairy operation was proposed is a wet, slimy swamp. Norm Miller stated he raises cattle, and he feels that this amendment should be passed. The public portion of the hearing was closed and the Board commenced with deliberations. Staff responded to questions from the Board relative to clarification of being able to determine intensive and agri-tourism uses; and the review process for hunting clubs. Supervisor Bibby stated she feels it would be helpful to have a definition for commercial and intensity; and she expressed concern with there being no limitation on hunting clubs. Discussion was held. Supervisor Pickard stated he would like to further discuss the inclusion of church uses. Supervisor Turpin suggested that private camps be added. Supervisor Bibby asked about getting comments from the Agricultural Advisory Committee and the Planning Commission and on the changes that are being considered; and she asked about goats not being listed along with the other animals. Supervisor Fritz advised that she would be okay with adding churches with a conditional use permit. Further discussion was held relative to defining commercial use. Tom Guarino, County Counsel, noted that the definition that Sarah Williams read defines commercial uses as being for primarily commercial gain, and this would not include 4-H or FFA as their primary purpose is educational. Supervisor Turpin again asked for consideration of moving heliports and private airstrips from conditional uses and placing them in permitted uses, unless they are for commercial use. Staff responded to a question from the Board relative to processing requests for church and camp uses and what is considered. Supervisor Bibby again asked staff if they are comfortable with the language in the amendment, and Kris Schenk advised that it is better than what they have now. (M)Pickard, (S)Turpin, Res. 06-159 was adopted approving General Plan/Zoning Amendment No. 2005-235, finding the project is exempt from environmental review, as recommended by the Planning Commission and with the following changes: 4-H and FFA uses are to be excluded, heliport and airstrips are to be permitted uses for personal uses, churches and camps are to be included, and reference to Exhibit is corrected; and the first reading was waived and the Ordinance introduced approving the amendment to the County Code, Chapters 17.40 and 17.148 to modify the list of permitted and conditional uses in the Agriculture Exclusive zone and land use as recommended. The Clerk of the Board read the title of the Ordinance into the record. Kris Schenk advised that this will result in a change to the General Plan Update, and he suggested that the Board refer this matter to the Planning Commission or find that there is no substantial modification to the Ordinance. The motion was amended, agreeable with the maker and second, to include the finding that there is no substantial modification to the Ordinance; and it was noted that the airstrip issue was included in the draft and that there was discussion at the last workshop on the General Plan Update relative to including church uses in the Agriculture Exclusive zone. Supervisor Bibby noted that this action is to introduce the Ordinance, and that if anyone has concerns, they need to let the Board know prior to adoption of the Ordinance. Ayes: Unanimous. The hearing was closed. 4:00 p.m. The Board convened in continued closed session. 5:15 p.m. Chairman Stetson announced that direction was give to staff as a result of the closed session. INFORMATION – No action was necessary on the following: List of Contracts Entered into by the County Administrative Officer Pursuant to Ordinance 3.08, for the Months of December 2005, January, February, March, and April 2006 (Administration) ---PAGE BREAK--- 9 4-25-06 CONSENT AGENDA: CA-1 Adopt a Resolution Approving the Annual Mariposa County Pioneer Wagon Train Event and the Pioneer Wagon Train Appreciation Dinner as County Activities and Further Authorize the Chairman to Execute Agreements with the 35-A District Agricultural Association (County Counsel); Res. 06-144 CA-2 Approve and Authorize the Chairman to Sign an Agreement with the Coulterville Community Club, Inc. for the Operation and Maintenance of the Coulterville Community Club Located on the Real Property Commonly Known as the Coulterville Community School (County Counsel); Matter was continued to be rescheduled CA-3 Approve a Certificate of Recognition to the Hornitos Lodge, No. 98, F. & A. M. for their Sesquicentennial Celebration (Supervisor Bibby) CA-4 Authorize the Chairman of the Board of Supervisors to Sign Grant Agreement No. 05-PTAA-1455 between the County of Mariposa and the State of California Department of Housing and Community Development (Supervisor Stetson/Interim County Administrative Officer); Res. 06-145 CA-5 Adopt a Resolution Authorizing the Chairman of the Board of Supervisors to Sign a Letter to the Legislature (Budget Subcommittee Chairs and Assembly Member Cogdill) Requesting their Support of AB2479 – Legislation to Fund Weed Management Areas for the Control of Invasive Weeds in the State (Agriculture Commissioner); Res. 06-149, with direction CA-6 Approve the Memorandum of Understanding (MOU) with the Mariposa County Managerial and Confidential Organization (MCMCO) for the Term of November 1, 2005 through October 31, 2007 (Thomas Guarino/Interim Personnel-Risk Manager); Res. 06-150, with request for information CA-7 Approve and Authorize the Chairman to Sign the Letter of Understanding with Official Payments Corporation for the Acceptance of Credit Card Payments for Secured and Unsecured Property Taxes Pursuant to Revenue & Taxation Code 2511.1 (Treasurer-Tax Collector); Res. 06-143 CA-8 Adopt a Resolution Approving the Standard Agreement with the Secretary of State for the Help America Vote Act (HAVA) Reimbursement and Authorize the Chairman of the Board of Supervisors to Sign the Amendment (County Clerk); Res. 06-146 CA-9 Adopt a Resolution Authorizing the Chairman to Execute the Memorandum of Understanding (MOU) with the Stanislaus National Forest (USDA Forest Service) and the American Indian Council of Mariposa County for a Term of 5 Years for the Protection, Preservation, Environmental Enhancement, and Economic Development of the Area Known as Jordan Creek/Bower Cave Special Interest Area (Supervisor Turpin, County Counsel); Res. 06-147 CA-10 Ratify the Signature of the Interim County Administrative Officer on a Certificate of Local Approval for the Mountain Crisis Services of Mariposa to Apply for Grant Funds to Continue Their Operation of an Emergency Shelter (Supervisor Stetson/Interim County Administrative Officer); Res. 06-148 ---PAGE BREAK--- 10 4-25-06 5:16 p.m. Adjournment in memory of William H. “Bill” Virgil and Irene “Rene” Edna Varain. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board NOTE: These minutes were corrected by Resolution No. 06-232 on June 13, 2006.