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Time Description 9:06 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Introductions Jim Wilson, Fire Chief, advised of a fire that destroyed the El Portal Market on Monday; and he commended the Park Service and County Fire for their response. Supervisor Aborn advised that a community meeting is scheduled for Wednesday at 5:00 p.m. to discuss the matter and options to restore service. Supervisor Bibby commented on the importance of Highway 140 for emergency access. Chair Turpin, Proclaim May 1st, 2008 as “Paint the Town Purple Day” in Recognition of the National Relay for Life Community Awareness Event Kickoff BOARD ACTION: (M)Bibby, (S)Aborn, the Proclamation was approved and presented to Dennis Baker, Team Development Chair/Ayes: Unanimous. Supervisor Fritz; Proclaim the Month of April, 2008 as “Sexual Assault Awareness Month” and April 23, 2008 as “Denim Day” BOARD ACTION: (M)Fritz, (S)Pickard, the Proclamation was approved and presented to the following representing Mt. Crisis Services: Denise Conway/Assistant Director, LuEllen Luker/Counselor, Ginger Lindstedt/Legal Advocate, and Carol Mitcham/Administrative Assistant – Ayes: Unanimous. Approval of Consent Agenda (See End of Summary of Proceedings) NOTE: The Consent Agenda consists of items that are generally viewed as non-controversial and routine by the department. If the Board wishes to discuss an item, it will be removed from the Consent Agenda and moved to the end of the timed agenda; or at the Chair’s discretion, may be taken in conjunction with another item scheduled by the respective department. Otherwise, the Consent Agenda items are generally approved in one single motion. This is the appropriate time for the public to advise the Chair of any comments to the Consent Agenda or request to have an item removed from the Consent Agenda. BOARD ACTION: Supervisor Bibby pulled item 2 and asked for a separate motion on item 5. Supervisor Turpin pulled item 12 for discussion later in the meeting with the Public Works Director. Item 2 – Carl Casey/Public Works Administrator provided input relative to the budget request. (M)Bibby, (S)Aborn, item 2 was approved/Ayes: Unanimous. (M)Pickard, (S)Aborn, the balance of the items was approved/Ayes: Unanimous. Action on items 5 and 12 was taken later in the meeting. Public Presentation: For Items within the Jurisdiction of the Board and not on Today’s Agenda. David Taylor, Don Pedro resident and member of the Pedestrian and Equestrian Trails Advisory Committee, presented information on his efforts to relocate a crossing that is on a blind curve in front of his house. MARIPOSA COUNTY BOARD OF SUPERVISORS SUMMARY OF PROCEEDINGS April 22, 2008 ---PAGE BREAK--- 2 4-22-08 Ruth Catalan asked about the status of filling the position for the Williamson Act compliance officer. Karen Robb, Farm Advisor, advised of her contacts with speakers as a follow-up from the Agritourism and Nature Tourism workshop – it may be the fall before their schedules allow for them to come to Mariposa for a workshop. She also advised that the Department received a grant for signage at the Master Gardeners Native Garden along Mariposa Creek, for workshops, and to help with the Master Gardener Coordinator. Supervisor Turpin asked about information that was sent out about handling livestock during the draught. Supervisor Bibby asked about the grass sampling status and asked that a report on the programs that are available be presented to the Board. Brian Muller, Sheriff, acknowledged and thanked the agencies that provided assistance to the Sheriff’s Department during the search for an eleven-year old autistic child in the Coulterville area: County Fire, CalFire, Mercy Ambulance, CHP (air and ground), Fresno and Stanislaus County Sheriff’s Departments, Yosemite National Park, OES, and the residents in the area. Keith Williams, Treasurer/County Clerk/Tax Collector; Investment Report by Fiduciary Trust, Investment Consultants BOARD ACTION: Eric Reynolds, Senior Vice President for Fiduciary Trust gave the report. Discussion was held. Input from the public was provided by the following: Paul Chapman commented on the portfolio. Keith Williams provided input on the investments. Dr. Mosher, Health Officer; Authorize the Health Officer to Advise California Department of Public Health (CDPH) that Mariposa County Intends to Continue to Contract for Professional Services, for Fiscal Year 2008-2009 Only BOARD ACTION: Dr. Mosher provided a status report on the increase in administrative costs for contracting with the State for these services. (M)Pickard, (S)Bibby, Res. 08-158 was adopted approving the requested action/Ayes: Unanimous. 10:15 a.m. Recess 10:25 a.m. Richard J. Benson, County Administrative Officer/Personnel/Risk Manager; Progress Report from CalTrans Official Regarding the Work at the Site of the Ferguson Rockslide BOARD ACTION: Kome Ajise, CalTrans District 10 Director, advised that Julie Dunning/Deputy District Director Administration, and Christine Cox/working on environmental compliance activity, were present; and he thanked the Federal agencies for working with them on this project. He briefly reviewed the history of the slide and the installation of the two temporary bridges and provided input on the status of the permanent restoration project. He provided input on efforts to work on an interim solution that will allow for full-length vehicle access – installing two new temporary bridges and accommodating the rafting companies. Discussion was held. Input from the public was provided by the following: Jimmy Gado, Operations Manager for Zephyr Rafting, stated he was speaking for the seven outfitters operating on the Merced River, and they are mindful of the impact the lack of tour buses has on the County. They appreciate CalTrans and the Board and consideration of their operations. They also want to see a permanent solution. George Whitmore, Fresno Tehipite Chapter of the Sierra Club, thanked CalTrans for responding to the public concerns; and he stated he is happy with what he is hearing this morning. He asked about the status of emergency vehicles being able to override the one-way traffic signals. Chair Turpin referred to the Fire Chief’s information earlier this date on the El Portal Market fire that there is a system in place for the emergency vehicles. Kenneth Gosting, Executive Director of Transportation Involves Everyone (TIE), saluted CalTrans for their work and Supervisor Fritz for working with the environmental organizations. He provided assurance that TIE, in contrast to the Gazette editorial, has no interest in establishing a park at ---PAGE BREAK--- 3 4-22-08 the slide – they are asking for an overview/look which is common. He asked about the signage for bicycles and pedestrian traffic and stated it is only located at one end of the temporary bridges. Laurel Anderson, El Portal, questioned the timing of the project to bring in two new temporary bridges and with taking out the existing bridges at the end of the end of the rafting season. She feels the four bridges would be Kome Ajise responded to the input that was provided and advised that bicycles and pedestrian traffic is allowed across the existing bridges and will be allowed across the new temporary bridges. He advised that they are moving aggressively to open the road to full-length vehicles so that people can plan for next summer that the road is open. The plan is to leave the existing temporary bridges until rafting season is over to minimize any impacts. They are trying to accommodate all needs, including the economy, and are planning to minimize any road closures. They will overlay the existing road on the other side of the River between the temporary bridges to accommodate the heavier vehicles. Supervisor Aborn commented on the impact the traffic restriction for the buses has had on Merced’s tourism; and commented on “all weather” signage for the Highway. Kome Ajise agreed that there has been a wide impact. Rick Benson asked that CalTrans keep the County informed of the status of the projects; and he commented on the work that the Board has done, including former Supervisor Stetson, and on the cooperation and assistance from our elected officials, and on Supervisors Fritz and Pickard’s idea for having the meeting with CalTrans and representatives of the elected officials. Kome Ajise commented on the artwork prepared by the students on the rockslide that is being displayed in the Government Center. 11:26 a.m. Recess 11:34 a.m. Chair Turpin advised that the Local Transportation Commission will convene at 1:30 p.m. Board Information Supervisor Bibby advised that she attended the California Rangeland Alliance Trust meeting in LeGrand. She urged everyone to participate and/or donate to the Relay for Life event. She noted that this is a bad year for water unless we get more rain; and that the stock ponds may not have water available for fire fighting efforts. And she noted the need for people to make sure that their livestock has water. Supervisor Aborn thanked everyone who responded to the El Portal Market fire; and urged the Park Service to put in a temporary structure. He advised that he received an email over the weekend that there were mining claim notices posted in the Merced River Canyon. Supervisor Fritz advised that she attended the San Joaquin Valley Regional Association of California Counties conference in Modesto, and she advised of discussion held relative to the high- intensity gang activity. They toured the Gallo Entertainment Center for Performing Arts and they toured UC Merced. She advised that the Chamber’s after hours’ event is at the Mining and Mineral Museum this evening. She advised of the following events scheduled for this weekend: Weekend in the Country ag tour; Civil War Reenactment and activities; and FFA Boosters dinner. She advised that the Senior Expo is scheduled for May 2nd; and the Butterfly Festival and Parade is scheduled for the weekend of May 2-3. She has a District IV meeting scheduled for May 4th at 6:00 p.m. at the Government Center. Supervisor Pickard advised that he plans to attend a meeting in Sacramento on Wednesday with Secretary of Agriculture Kawamura to discuss the process of moving forward with an Invasive Species Council. He plans to attend the CMSP (County Medical Services Program) Board meeting on Thursday. He plans to help with the Earth Day activities at the Compost Facility on Saturday. Supervisor Turpin advised that he attended the Don Pedro Equestrian/Pedestrian Trails Advisory Committee meeting on Wednesday; and the Yosemite West Special Plan public hearing on Saturday. On Monday he met with BLM (Bureau of Land Management) on the off road vehicle (OHV) trail issues. He thanked the local Fire Station personnel that helped with the search for the autistic youth in Coulterville. He noted the need for citizens to be watchful of any suspicious activity with the value of metal increasing. He advised that the annual meeting of the North County History Center is scheduled for this Saturday. He expressed concern with the low water in the stock ponds. ---PAGE BREAK--- 4 4-22-08 Consent Agenda item 5 – (M)Fritz, (S)Pickard, item 5 was approved/Ayes: Aborn, Turpin, Fritz, Pickard; Abstained: Bibby as she was excused from the April 15th meeting. Discussion and Possible Further Action Regarding Continuation of the Local Emergency Due to Landslides on Highway 140 Enroute to Yosemite National Park (County Administrative Officer) BOARD ACTION: Rick Benson recommended continuing the local emergency. (M)Fritz, (S)Aborn, Res. 08-159 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. Approve the Response and Comments of the Board of Supervisors to the 2007-2008 Mariposa County Grand Jury Final Report No. 1 and Authorize the County Administrative Officer to Sign the Cover Letter (County Administrative Officer/Personnel/Risk Manager) BOARD ACTION: Rick Benson reviewed the draft response to the Report and cover letter; and he commended Mary Hodson for her assistance with preparing the response. Discussion was held. Supervisor Bibby asked for a language change in the cover letter to include the possibility of equipment failure in regard to the tapes; and she asked that language be added to the Master Gardener section that any Brown Act violations can be reported to the District Attorney’s Office. She also initiated discussion relative to the findings for the mixed waste processing/composting project relative to travel and expenses and asked that it be clarified that the response is based on information provided by the Auditor to the County Administrative Officer. The Board concurred with the suggested language changes. Input from the public was provided by the following: Paul Chapman provided input on the draft response relative to the discrepancy in the tapes and he provided a copy of the minutes from the June 10, 2003 Board meeting; and he advised that the member of the public questioning and airing concerns regarding the compost project was Ruth Sellers and that she was concerned with Fred Solomon’s qualifications. Ruth Sellers stated she is the one that submitted the information to the Grand Jury relative to the compost facility issues – she feels that she submitted a good letter to the Board and County Counsel asking legitimate questions about the compost facility and she received no response until a year later, and the next week she feels that Fred Solomon humiliated her in front of a room full of people and she does not feel that the public should be treated that way at a Board meeting. She feels that Fred called her a “liar” and referred to her as “that woman” and that was not on the tape from the June 10, 2003, meeting and she questioned that. Witt Hawkins (member of the Grand Jury) stated he is not at liberty to respond to the draft response; but they will provide an answer in writing in their Final Report. He asked who does the County Counsel represent, and whether he represents the County? Chair Turpin responded that County Counsel works for the Board and represents the legal oversight of the Board. Supervisor Pickard referred to a letter dated February 2, 2008, attached to the draft response that was prepared by County Counsel that addresses these questions. Discussion was held, and Rick Benson provided input on the preparation of the response being done in accordance with the Brown Act. Supervisor Bibby extended an apology to Ruth Sellers personally and to the public in general relative to the compost issues and as a whole and she noted that there are times when people get upset when providing input to the Board. Chair Turpin noted that this Board cannot change what happened, but is responsible for conducting business today in a formal, polite manner. Witt Hawkins continued with questions concerning County Counsel’s duties. Further discussion was held. Thomas P. Guarino, County Counsel, advised that the first letter he wrote is included in the response package and that he wrote a second letter in response to a subsequent letter that he received from the Grand Jury in which he set forth the statutory responsibilities as advisor to the Grand Jury. He advised that he is willing to answer questions on those issues at one of the Grand Jury meetings. Ruth Sellers thanked Supervisor Bibby for her apology; and she noted that the other Supervisors that were present on June 10, 2003, did not speak up on her behalf. She advised that she ---PAGE BREAK--- 5 4-22-08 has records for what she says; and she feels that she should be appreciated for her efforts. She feels that it was so determined that the compost project happen, and she feels that she was discredited because she was interested. County Counsel responded to a question from the Board as to what is available to the Grand Jury for assistance with investigations. Supervisor Bibby suggested that if information is received about the tape discrepancy issue, that perhaps a review could be made between the tapes. Rick Benson advised that he is willing to meet with the Grand Jury and the Clerk of the Board relative to the tape issue. Supervisor Bibby assured the public that all complaints are reviewed. (M)Pickard, (S)Bibby, Res. 08-160 was adopted approving the response and comments with the changes as discussed to the 2007-08 Grand Jury Final Report along with the cover letter. Supervisor Aborn invited the Grand Jury to respond to the response. Ayes: Unanimous. 12:52 p.m. Lunch 1:43 p.m. LOCAL TRANSPORTATION COMMISSION (Chair – Commissioner Lyle Turpin, Vice-Chair – Commissioner Dianne Fritz) A) Public Presentation – none. B) Authorize Mariposa County to Participate in the 2007-2008 Optional Federal Apportionment Exchange and State Match Program for Regional Surface Transportation Program (RSTP) Funds and Authorize the Executive Director to Sign the Agreement COMMISSION ACTION: Following discussion with Dana Hertfelder, (M)Pickard, (S)Fritz, LTC Res. 08-7 was adopted approving the recommended action/Ayes: Unanimous. C) Authorize Participation in the Optional Regional Surface Transportation Program (RSTP) Federal Exchange and State Match Program for Fiscal Year 2007-2008 and Authorize the Executive Director to Sign the Agreement with CalTrans (Dana Hertfelder, Public Works Director) COMMISSION ACTION: Following discussion with Dana Hertfelder, (M)Aborn, (S)Bibby, LTC Res. 08-8 was adopted approving the recommended action/Ayes: Unanimous. 1:50 p.m. The Board of Supervisors reconvened. Consent Agenda item 12 – Discussion was held with Dana Hertfelder, and Supervisor Bibby questioned whether CH2Mhill’s original contract involved the Old Toll Road bridge and whether it could include this project in the future. Dana Hertfelder advised that the original agreement could have included the Old Toll Road bridge project. Supervisor Bibby excused herself from the meeting at 1:53 p.m. as she has a remaining interest in a piece of property in the general area of the Old Toll Road bridge. Discussion was held with Dana Hertfelder relative to the requested actions. (M)Pickard, (S)Aborn, item 12 was approved/Ayes: Aborn, Turpin, Fritz, Pickard; Excused: Bibby. 2:05 p.m. Kris Schenk, Planning Director; LOCAL AGENCY FORMATION COMMISSION (LAFCo) Meeting (See Separate Summary of Proceedings) 3:36 p.m. Kris Schenk, Planning Director; PUBLIC HEARING to Consider Conditional Use Permit No. 2007-13 and Williamson Act Compatibility Determination, a Proposed Church on Property in the Agriculture Exclusive Zone. Because the Parcel is also in a Williamson Act (LCA) Contract, the Applicant Proposes the County Find the Church is a “Compatible Use” in this Contract. The Project Site is Located off of Highway 140, Just East of Spring Hill High School; APN 012-180-032. Applicant: Mariposa Revival Center Inc. /Henry Falany. Property Owner: Frank and Francis Long (Continued from April 8, 2008) BOARD ACTION: Sarah Williams, Deputy Planning Director, presented the staff report and she advised that there are two separate review issues associated with this project: 1) Conditional Use Permit (CUP); and 2) Williamson Act Compatible Use Determination. She responded to a question ---PAGE BREAK--- 6 4-22-08 from the Board relative to the process that was pursued in 1995-96 and the Williamson Act Contract boundary adjustment and advised that this option is not available today unless there are two legal parcels and a lot line adjustment can be done. She advised that there are two APNs (Assessor Parcel Numbers), but they are not two legal parcels. Sarah Williams continued with the staff report and advised of the Agricultural Advisory Committee and the Planning Commission’s review and recommendations on this project to find that a church is not a compatible use on Williamson Act contracted land and denying the CUP. The public portion of the hearing was opened and input was provided by the following: Applicants’ presentation: Dave Breemer, Attorney and agent for the applicants, asked for rebuttal time at the end of the public portion. He presented information stating they feel that this church is a compatible use with this contract (Williamson Act) on this land, and he advised that there is no other place on the parcel to locate the church as the rest of the parcel is covered by a Conservation Easement. He referred to their efforts in 1996 and changes in the law. He provided information on the basis for compatibility determination and stated he does not feel that this would set precedence for other Williamson Act parcels; and he presented proposed findings. He advised that they agree with following the Williamson Act and he referred to the rules and the three findings that must be made. He advised of a proposal to place twenty-five acres in the Williamson Act contract in exchange for use of the eight acres for the church. He referred to the Department of Conservation and enforcement issues. He concluded by saying that he said a prayer that the Board would do the right thing, not that they would win. He responded to questions from the Board relative to the proposal to exchange property. Anita Starchman Bryant, Starchman & Bryant Attorneys at Law, agent for the applicants, advised that she is reserving her comments for the end at rebuttal. Opponents’ presentation: Cathie Pierce, cow/calf operator in Catheys Valley and immediate past President of the Farm Bureau, asked that if her history or credentials are brought up, that she have an opportunity to provide rebuttal. She provided input on her family’s history with the Williamson Act contract and its importance to the industry. She questioned whether the eight acres would be a different tax base if this is allowed. She questioned the production viability of the twenty-five acres and commented on information she received from Mark Long relative to the usability of this land. She referred to the discussion during the General Plan of allowing a church/organizational camp in the Agriculture/ Working Landscape land use classification and excepting land that is under Williamson Act contract; and she referred to the letter the Farm Bureau sent to the Planning Commission addressing these issues. She questioned how a church is related to the production of food and fiber. She advised of an event she attended at the Bright Ranch and discussion on the need to protect agricultural land. She noted that contract participation and removal is voluntary. She referred to the California Constitution and AB 1492 relative to the production of food and fiber; and the Government Code sections relative to this matter. She referred to a public hearing held in December, 2005, on a Williamson Act contract modification for Visher; and advised that the applicant had to agree to not to sell any parcel separately in order to obtain approval to build her home on the property. She feels that we need to be consistent and not penalize people who are in agriculture. She referred to the number of people the church says it feeds each month and noted that is a lot of cars and questioned the encroachment from the Highway. John Weech, California Farm Bureau in Sacramento, advised that they are not here to argue against the church, but to speak in support of agriculture. He referred to the requested activities and hours of operation for the church and advised that the Farm Bureau would be opposed to any use with those impacts. He referred to another County agreeing to churches being a compatible use and stated he does not feel that means it is right and their ordinance may have been adopted prior to the mid- 1990’s; and that Mr. Breemer did not mention that any of the churches were built on Williamson Act contracted land. He referred to the three compatible use findings that were discussed and reviewed the rest of Chapter 51238.1. He stated he agrees with Planning staff’s recommendation and analysis. Paul Chapman referred to the Conservation Easement and the letter from the Department of Conservation relative to cancellation of the contract for the portion of the property requested to be used for the church. He noted that the twenty-five acres proposed to be exchanged does not meet the 100- ---PAGE BREAK--- 7 4-22-08 acre minimum. He feels the Department of Conservation will cancel contracts for non-compliance and he cited examples in Madera. Linda Meyer, rancher, stated she feels very strongly about this matter and feels the agriculture industry is very important. She does not feel that we can debate or vote for an individual. She advised that she was unable to bring her past business of show training horses when she relocated because the use was not compatible with the Williamson Act contract. So she has changed her type of training. Mirabai Breemer asked to speak in support of the church as she needs to leave. She stated she understands the frustration that farmers and ranchers feel and she feels some of the suffering is because of the bio-fuel. She feels a little country church on the hilltop would be beautiful. She noted that the use only has to be compatible and not agriculture related. She does not feel that the Williamson Act was made to prevent a small thing like this, but the large developments. Kyle Naston, Attorney for Department of Conservation, stated he is here because he was asked to come. He referred to the letters from the Department of Conservation and advised that this is a decision for the Board as a local decision, but they support the recommendation in this instance. He advised that you cannot amend a Williamson Act contract; you can rescind and re-do a contract. He advised that they do have enforcement under the Williamson Act and they do enforcement. He noted that the Williamson Act is constantly under attack in the legislature because of abuses, including churches in the county that Attorney Breemer mentioned. He noted that subvention revenue could be lost. He referred to the Government Code relative to compatible use determinations. He advised that the contract does not allow for land swaps and never has. There was an ability to amend boundaries with lot line adjustments with findings, and he does not feel that those findings could be made here. He advised that the options are to cancel the contract or to non-renew the contract. He responded to questions from the Board relative to clarification of being able to amend a contract if a historic parcel exists; and as to how many counties have churches on Williamson Act contracted land, and he advised that there are a couple of counties that allow them and they are a problem because they bring people to the land and displace agriculture and it is not a compatible use. 4:58 p.m. Recess 5:12 p.m. Chair Turpin advised that input would continue to be accepted in opposition and asked that the speakers limit their input to two minutes and for new information. Cathi Boze, Agricultural Commissioner, referred to her letter that she sent to the Planning Commission on October 29, 2007; and she stressed that the Williamson Act is one of the most unique protections for agriculture. She referred to the Agricultural Advisory Committee’s recommendation that the church is not a compatible use and to deny the CUP; and she referred to the letter from Dennis O’Bryant/Department of Conservation relative to the Williamson Act and compatibility. She stated this is not about the value of the church or about Frank Long or what has been done in other counties - she feels that agriculture needs to be preserved. Dennis Bunning referred to Mr. Breemer’s finding that the church is substantially similar in nature to other non-agricultural compatible uses allowed by County Ordinance (Resolution) 77-157; and he compared the compatible uses described in Exhibit to said resolution. He noted that there is no allowance for any buildings that are not directly related to agriculture production. He commended Cathi Boze on her letter and the Planning staff on their report. He advised that he cannot find anywhere where it allows for a percentage of land to be taken out of Williamson Act, and he feels this could set precedence. He noted that the Williamson Act contract was on the land before the Conservation Easement, so he feels the Conservation Easement should be modified if something is going to be modified. He also noted that the recommendation from the Agricultural Advisory Committee and from the Planning Commission was by unanimous vote. Persons speaking in support of the applicants: Attorney Breemer rebutted the input provided by the Department of Conservation relative to the enforcement issue; and he clarified that his request relative to re-doing the contract versus amendment/modification. He does not feel that the crux can be whether there is a building or not because there are a lot of activities that would not have a building and would not be considered to be ---PAGE BREAK--- 8 4-22-08 compatible, such as monster trucks. He addressed the population issue and stated he does not feel that this church would significantly displace agriculture. Kurt Frank, member of the Mariposa Clergy and volunteer chaplain for John C. Fremont Health Care District, commented on the needs of the farming community and asked that the focus be widened. He cited references in the Bible where he feels it shows that agriculture and church uses are compatible. He noted that churches are involved in the production of souls and the relationship shared with the love of God. He noted that approval of the church would only result in the loss of feeding ground for one and one-half cow. Bernadette Dixon stated she supports the church being built on the mountain top and she referred to the 300 plus mouths the church feeds and noted that the one and one-half cow could not do that. She feels that common sense should be used. She noted that they are not asking to take the land out of Williamson Act, and they feel the church is a compatible use and can co-exist with the agricultural use. She noted that mining and the explosives that are used and tear up the land is a compatible use; however, she does not feel that someone would graze their cows with the mining use. And, she noted that the mining use brings in people and equipment. She stated it is unfortunate that people only want God brought up in dealing with disasters. Trudy Huff asked that the Board consider letting them build their church on the mountain top. She noted that they do more than feed the hungry, they pray for everyone and are concerned for the County. They want this to be a Godly community. Henry Falany, applicant, stated that God told him to build a church on the mountain and that is what he is trying to do. He noted that he is a “Shepherd shepherding sheep.” He feels that Mariposa is a very special place; and he referred to his request to the Board seventeen years earlier to do a live Christmas Nativity scene on the Courthouse and of the success of the event. He presented information on his efforts to try to obey God and to bless the people with building this church. He stated he is pro- agriculture and Williamson Act; but he feels that we need to put God first. He noted that he is involved in taking food and fiber from other areas and getting it to the needy in this community. Attorney Bryant stated she is an agent for this project and her father has been an agent and he represented this project when it was a significantly larger church; and they have started over under a new set of rules that were unilaterally changed. She noted that they are here without being compensated. She referred to the Redington Ranch and efforts to build a home and the process. She advised that a lot line adjustment is not an option as this is the only parcel. The Conservation Easement encompasses all of the land, with the exception of the eight-acre site for the church. So this eight-acre site is their only option. She referred to the issue of setting precedence and noted that any future requests for another type of assembly would still need to meet the findings. She noted that the proposal is to add twenty plus acres and there would be no net loss of agricultural land. She referred to the General Plan hearings and agrees that the terms of the Williamson Act contract should be enforced; and that it was agreed that this type of use could be done with a CUP. She referred to the mitigations and the original project. She stated she feels that the law allows the Board to make the decision that this is a compatible use. Kurt Frank clarified that he was speaking on his behalf and not on behalf of Hospice or the Mariposa Ministerial Association. Frank Long, applicant and property owner, stated he feels the twenty-five acres is a fine piece of land; and he invited everyone to the Civil War Reenactment event scheduled for this weekend. He advised that he a rancher and he has made lots of contributions, and he referred to an article that he sent from the Western Cowman about how to make a living on a ranch. He feels that there could be a precedence and cited an example of a request for a stables to be on Williamson Act land where the property owner has six hundred and forty acres and runs 35 head of cows and he is driving school bus and he has arthritis; and he wants to quit driving bus and comes to the Board and advises that it will not damage the agriculture use with the cows or the ranching operation to put in stables. He feels that if they are turned down on their request, it would be setting a precedence that nothing can be done under Williamson Act even though it is in Agricultural Exclusive Zoning. He does not see what would be wrong with adding a stable for six horses and he feels it might be good and something that is needed for people to stable their horses and to help someone make a living. He advised that they sold their development rights for the Conservation Easement. Without that, they could have subdivided and had ---PAGE BREAK--- 9 4-22-08 seventeen houses with their associated impacts – the Easement protects the property from future development. He referred to the work of the Planning Department and advised that the map of his property in the package is incorrect. He referred to the Agricultural Advisory Committee meeting and reference to the Resource Conservation District’s (RCD) actions and stated he feels that people are saying things with no basis of fact – there was no action in the RCD minutes opposing this and yet it is still included in the staff report as a finding. He responded to a member of the RCD’s comments about him giving property to the School District, and he advised that the property was appraised and he sold it to the District. He referred to the professional input provided on their behalf, including from a previous Farm Advisor; however he doesn’t feel that anything from professionals has been presented on this for the Planning Department. He noted that the new President of the Farm Bureau is a real estate appraiser and an order buyer and not just a rancher, and he feels that is fine. He referred to input provided by Lyle Wilson saying that there would be no significant impact on the ranching operation; and he referred to the other letters of support. He stated he would hate to see the Board set a precedence where if someone wanted to put in a stable on Williamson Act land and they come through the proper process, or want to have a bed and breakfast so that the wife could quit a nursing job in Merced, or some other example like that, that the Board would not allow that. He noted that he brought the Williamson Act to the County and he does not feel that a “straight jacket” should be put on it. He advised that there are benefits with the Act and he does not feel that a precedence should be set that people opt out of the contract. He referred to the North County and the historic parcels and stated he feels the Williamson Act has been basically destroyed. He feels the Williamson Act was supposed to be a pair of gloves and he feels some people have turned it into a set of handcuffs. He does not feel that his proposal was addressed by the Planning Commission, but that they talked around it. He urged the Board to make the right decision. The public portion of the hearing was closed. 6:18 p.m. Recess 6:32 p.m. Chair Turpin called for any clarification by the Board of staff. Staff responded to questions from the Board as to whether there has ever been an amendment of a Williamson Act contract or whether the compatible uses list has been altered; and advised that there was a compatible use finding for the Lake Don Pedro Waste Water Treatment Plant project and later a two and one-half acre portion of the eighty-acres of the contract was cancelled. Staff responded to questions from the Board relative to the map that Frank Long said was inaccurate; and relative to establishing a process for determining compatible uses. From the audience, Frank Long commented on the inaccuracy of the map; and he advised that there is property under the Williamson Act contract that is not shown on the map. Supervisor Pickard referred to the staff report and initiated discussion relative to talking about a process to consider compatible uses as allowed by the Government Code. Supervisor Fritz referred to private airstrips and mining being compatible uses, and stated she feels those uses are more disruptive than a church. Supervisor Aborn noted that the airstrips are used for crop dusting and as a method of transportation; and he noted that the Williamson Act is under scrutiny and the subvention needs to be considered, as well as the Act itself, especially with the State’s budget shortfall. Supervisor Turpin provided input as to whether there is any legal avenue of how this project could be approved, and noted that this is a difficult situation. Supervisor Bibby asked about RLUIPA applying to Agriculture Exclusive ground, and staff responded that it is not applicable to Williamson Act contract lands because the contract is voluntary. The Board commenced with deliberations. Staff responded to questions from the Board as to whether temporary structures would be permitted for recreational uses. Thomas P. Guarino, County Counsel, responded to a question from the Board relative to findings for cancellation of a contract and read the applicable statutes and required findings. Staff responded to questions from the Board as to whether the church use would be allowed if there are no structures; and whether it would take a CUP for people to congregate weekly on the site. Supervisor Pickard stated he feels that discussion should be held relative to establishing a policy for compatible use determinations. (M)Pickard, (S)Bibby, Res. 08-162 was adopted denying the request for a Williamson Act Compatible Use Determination to allow a church on Williamson Act contracted land, denying CUP No. 2007-13, and adopting findings as recommended by the Planning Commission for Mariposa Revival ---PAGE BREAK--- 10 4-22-08 Center, Inc./Falany - applicant; property owners: Frank and Francis Long/Ayes: Aborn, Turpin, Bibby, Pickard; Noes: Fritz. The hearing was closed. 7:20 p.m. 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: Hazel Green Ranch, LLC v. United States Department of the Interior, et al., Case No. 1:07-CV- 00414-OWW-SMS (County Counsel); and CLOSED SESSION: Conference with Legal Counsel: Anticipated Litigation: Initiating of Litigation Pursuant to Subdivision of Government Code Section 54956.9; Number of Cases to be Discussed: 1 (County Counsel) BOARD ACTION: (M)Pickard, (S)Fritz, the closed sessions were held/Ayes: Unanimous. 7:54 p.m. Chair Turpin announced as a result of closed session that direction was given to staff on the Hazel Green Ranch matter. County Counsel announced that the Board authorized initiation of litigation against Ronald and Theresa Loya/Rancheria Creek Road for a code violation by unanimous vote. CONSENT AGENDA CA-1 Approve the Memorandum of Understanding with John C. Fremont Healthcare District for Services to Draw Blood on Suspected DUI and Drug Cases, for the Period of February 14, 2008 through February 13, 2009 and Authorize the Board of Supervisors Chair to Sign the Agreement (District Attorney); Res. 08-150 CA-2 Approve Budget Action Transferring Funds within the Public Works Roads Budget and Reducing Road Contingency to Cover Unanticipated Expense ($15,000) (4/5ths Vote Required) (Public Works Director); Res. 08-149 CA-3 Approve Budget Action Transferring Funds within the Airport Budget to Allow for Replacement of the Hose Reels for the Aviation Fueling System ($3,000) (Public Works Director); Res. 08-151 CA-4 Proclaim May, 2008 as “Senior Awareness Month” in recognition of this Year’s Theme, “Working Together for Strong, Healthy and Supportive Communities”; Proclamation to be Presented at the Senior Expo on Friday, May 2nd at 12:00 p.m. at the Fairgrounds (Community Services Director) CA-5 Approval of Summary of Proceedings of April 15, 2008, Regular Meeting (Clerk of the Board) CA-6 Approve Amendment No. 1 to the Memorandum of Understanding (MOU) with C-IV Consortia, to Allow the C-IV Consortia to Bill for Ineligible State Expenses being Shared with the Group of 39 Counties (Human Services Director); Res. 08-152 CA-7 Approve a Lease Agreement with William A. Freeman for the Property Located at 6012 Fairgrounds Drive to be Used by the Mariposa County Animal Control and Authorize the Board of Supervisors Chair to Sign the Agreement (Sheriff); Res. 08-153 CA-8 Approve Agreement with R. W. Rosebrock to Euthanize Stray/Unwanted Domestic Pets and Authorize the Board of Supervisors Chair to Sign the Agreement (Sheriff); Res. 08- 154 ---PAGE BREAK--- 11 4-22-08 CA-9 Approve Budget Action Transferring Funds within the County Fire Department Budget to Cover Unanticipated Increase in Fuel Costs and Professional Service Agreements ($10,200) (Fire Chief); Res. 08-155 CA-10 Approve Certification for Funding Under Health and safety Code 123945 for the State- mandated Children’s Medical Services (CMS) Program (Health Officer); Res. 08-156 CA-11 Approve a Rental Agreement with 35-A District Agricultural Association for the Annual Senior Exposition and Health Fair on May 2, 2008 and Authorize the Board of Supervisors Chair to Sign the Agreement (Community Services Director); Res. 08-157 CA-12 Approve Budget Action Increasing Revenue, Accepting Unanticipated Federal Funds for the Darrah Road Bridge Widening Project # 93-17 ($167,000) and Decreasing General Contingency ($41,750) to Meet the Required Match for the Bridge Project, and Authorize the Board of Supervisors Chair to Sign an Amendment with Mike Skenfield and CH2Mhill Extending the Date of Completion to June 30, 2009 for this Project and Authorize the Public Works Director to Sign Program Supplement Agreement No. 014- RI to Administering Agency-State Agreement No. 10-5940 with CalTrans (4/5ths Vote Required) (Public Works Director); Res. 08-161 7:56 p.m. Adjournment in memory of Thomas Charles Adams, Lillian Lou Miller, Robert “Bob” C. Spiers, Jesse “Jess” James McNally, Clinton “Snuffy” Butler, Jacqueline J. Metcalf, and Patricia “Patty” Sullivan. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board LYLE TURPIN, Chair, Board of Supervisors