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Time Description 9:04 a.m. Meeting called to order at the Mariposa County Government Center, with Supervisor Bibby excused due to the illness. Pledge of Allegiance Introductions Chair Turpin, Proclaim the Week of April 13 – 19, 2008 as “Week of the Young Child” BOARD ACTION: (M)Fritz, (S)Aborn, the Proclamation was approved and presented to Angie Steele/Child Care Resource and Referral/Ayes: Aborn, Turpin, Fritz, Pickard; Excused: Bibby. Supervisor Fritz commented on her recent visit to a child care facility. Chair Turpin noted that artwork from the children is being displayed in the Government Center. Angie Steele thanked everyone who is involved in child care. 9:13 a.m. Recess 9:15 a.m. 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: The Clerk of the Board advised of corrections for the April 1st minutes in item 11. Jim Rydingsword, Human Services Director, responded to a question and advised that all of their committee vacancies have been posted pursuant to the Maddy Act. (M)Pickard, (S)Fritz, all items were approved/Ayes: Aborn, Turpin, Fritz, Pickard; Excused: Bibby. Public Presentation: For Items within the Jurisdiction of the Board and not on Today’s Agenda. Ruth Sellers provided input on the Highway 140/120 - Yosemite road work and advised that the road will be open for Memorial Day; and she feels that much credit should be given to TIE because they have been diligent in their efforts with the Park Service and the media on the need for the repairs. MaryAnn Huff advised that the Chamber’s after hours business mixer this month is scheduled for April 22nd at the Mining and Mineral Museum; their luncheon is scheduled for April 24th at the Miner’s Inn and the guest speaker will be Dana Tafoya/Public Health Emergency Preparedness Coordinator; and their Gold Rush Scramble Golf Tournament is scheduled for May 16th at the Lake Don Pedro Golf and Country Club with proceeds to benefit the North County firefighters and Coulterville Park improvements. She advised of concerns with being able to meet the training requirements for staffing at the Coulterville Pool and of their efforts to put together a scholarship to cover costs for someone from the North County to be trained to save the costs involved with the employees coming from the South County; and she asked whether this would be a possibility. Ruth Catalan stated she feels the County needs to move forward with having a compliance officer for the Williamson Act contracts. MARIPOSA COUNTY BOARD OF SUPERVISORS SUMMARY OF PROCEEDINGS April 15, 2008 ---PAGE BREAK--- 2 4-15-08 James Upperman read a letter from the Coulterville Community Club President Chris Morey relative to the code enforcement of violations against and himself. He provided input on his business efforts and services that he provides and relative to the code enforcement issues. He questioned why complaints have not been filed against the other violations in the area. David Silverman provided input on the violations and relative to non- compliance and enforcement issues with the Town Plan. He stated he feels that the County’s guideline as to what constitutes a public nuisance is subjective and inconsistent; and he feels the County should work proactively with the defendant and negotiate a compromised settlement of the issues. Thomas P. Guarino, County Counsel, advised that the matter has been litigated and a judgment put in place and the County is following through on the Court Order that was issued. Jim Upperman provided input on the Court Order and the process. Paul Chapman referred to the advertising and fee being charged for the Civil War Reenactment and expressed concern with violations of the Williamson Act contract. MaryAnn Huff, speaking as a citizen, stated she is a member of the Coulterville Community Club and advised that the President does not represent the Club with the letter that was read. However, she personally agrees and would like to see the fence reinstalled. Board Information Supervisor Aborn provided input on the status of membership for the El Portal Town Planning Advisory Committee and the speed bump issues. He referred to the Mountain Riders Poker Ride held at Coyote Springs Ranch. He advised that YARTS is working on a ten-year agreement for use of the parking lot at the Midpines Park; and he advised of efforts to obtain property that is adjacent to the Park. Supervisor Fritz advised that she attended the Town Hall meeting sponsored by Friday Night Live relative to underage drinking. She plans to attend the San Joaquin Valley Regional Association of California Counties conference in Modesto this week. She noted that the public hearing to consider the draft Yosemite West Special Plan is scheduled for Saturday, April 19th. She wished everyone Happy Tax Days. Supervisor Turpin advised that he attended the Merced Irrigation District (MID) presentation on the FERC licensing of Lake McClure in Midpines. He attended the Senior Exposition at the Greeley Hill Club on Friday. He advised that the Coulterville Community Club meeting was on Monday; the Greeley Hill Community Club meeting is this evening; and the Don Pedro Equestrian and Pedestrian Trails meeting is scheduled for Wednesday. Dana Hertfelder, Public Works Director; A) Approve Budget Action Reducing Park Grant Fund Contingency ($19,017) and Transferring Revenue and Appropriations from the Sports Complex Fund to the Park Grant Fund ($18,000) to Allow for the Replacement of the Pool Deck at the Mariposa Park Pool; Authorize the Public Works Director to Award an Agreement for the Work to the Lowest Responsible Bidder and Authorize the Board of Supervisors Chair to Sign the Agreement (4/5ths Vote Required) BOARD ACTION: Following discussion with Dana Hertfelder, (M)Aborn, (S)Fritz, Res. 08-146 was adopted approving the requests/Ayes: Aborn, Turpin, Fritz, Pickard; Excused: Bibby. B) Waive First Reading and Introduce Ordinance Creating Chapter 12.30 Entitled “Landscape and Sidewalk Requirements” of the Mariposa County Code BOARD ACTION: Chair Turpin and Dana Hertfelder advised that a request for a continuance was received from the Attorney for Rite Aid. County Counsel provided input on the request and recommended that the matter be continued. (M)Aborn, (S)Fritz, to continue the matter as requested. The motion was amended, agreeable with the maker and second, to continued the matter to May 6th/Ayes: Aborn, Turpin, Fritz, Pickard; Excused: Bibby. 10:00 a.m. The public hearing to consider Appeal No. 207-195/sign at Lake Don Pedro Community Services District was opened and continued until after the following for the appellant to be present. ---PAGE BREAK--- 3 4-15-08 10:01 a.m. Recess 10:09 a.m. 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 CalTrans will provide a report on April 22nd on the status of the project; there have been no changes in the state of the slide and he recommended that the local emergency be continued. Supervisor Turpin commented on the impacts with the detours through North County for the larger vehicles and the possible delay in the opening of Tioga Pass due to the winter weather. Input from the public was provided by the following: Eleanor Keuning stated she is becoming impatient with the situation and feels it would be nice if the Governor was here to hear the latest report from CalTrans. (M)Pickard, (S)Aborn, Res. 08-147 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: Aborn, Turpin, Fritz, Pickard; Excused: Bibby. 10:14 a.m. Recess 10:16 a.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: Initiation of Litigation Pursuant to Subdivision of Government Code Section 54956.9 (County Counsel) BOARD ACTION: (M)Fritz, (S)Aborn, the closed sessions were held/Ayes: Aborn, Turpin, Fritz, Pickard; Excused: Bibby. 10:54 a.m. The Board reconvened in open session. Chair Turpin announced that information was received relative to the Hazel Green Ranch matter; and that the Board authorized the County Administrative Officer to initiate a small claims action against Lacie Baldwin with respect to an automobile accident for the anticipated litigation matter. Kris Schenk, Planning Director; PUBLIC HEARING to Consider Appeal No. 207-195, an Appeal of the Planning Director’s November 28, 2007 Notice of Violation Regarding a Sign Located at 9751 Merced Falls Road, APN 001-230-012; Appellant: Bob Kent, Lake Don Pedro Community Services District Continued from March 18, 2008 BOARD ACTION: Sarah Williams, Deputy Planning Director, presented the staff report; and she responded to questions from the Board relative to the code sections that were referenced as to what is exempt from the local ordinances and the Building Code. The public portion of the hearing was opened and input was provided by the following: Bob Kent, Lake Don Pedro Community Services District (CSD) – appellant, apologized for being late. He provided input on the appeal and referred to the Notice of Violation he received from Planning and Building Departments and the Attorney General’s Opinion; and he advised that they felt that the entire parcel met the exemption versus just the facilities. He noted that the Don Pedro area falls under the jurisdiction of two counties and that they are working on having their own Community Plan, and he feels that will change the restrictions in the future. He advised that the Don Pedro Elementary School and the High School have signs that are larger. He asked that their sign be grandfathered until the Plan is adopted for the area. He responded to questions from the Board relative to the local agency issue, permit fees, and his request to continue the sign matter until the Plan is completed. Staff responded to questions from the Board relative to Tuolumne County’s sign regulations; and relative to the sign. Speakers in support of the appellant: none. ---PAGE BREAK--- 4 4-15-08 Bob Kent provided additional input relative to their interpretation of the regulations applying to the parcel versus the facilities. He responded to questions from the Board relative to the size of the sign and the size of the message board portion of the sign and whether a portion could be shielded to comply. Speakers in opposition: Paul Chapman stated he feels the Tuolumne ordinance is a separate issue from Mariposa County; he feels that this is an advertising sign and the appropriate process should be followed; and he suggested that the sign could be taken down and stored until decisions are made on the Community Plan. Witt Hawkins stated he supports the sign and he feels that it shows the location of the facility and provides information on the when the meetings are held. Eleanor Keuning noted that if there is a higher speed limit on the road, that a larger sign would be needed for the information to be read. She finds lit signs offensive in a rural areas and cited the Post Office sign in Ahwahnee as an example. Ruth Catalan stated she feels the sign is lovely, but questioned whether it is legal and in compliance with the County ordinances. Thomas P. Guarino, County Counsel, provided input on the procedures – on June 7, 2007 a determination by the Planning Director limited the size of the sign and that was not appealed; the sign is in violation of the County’s sign ordinance as the size exceeds what is allowed under the sign ordinance; he advised that the issue is whether or not the exemption under the Government Code applies to the sign; and he referenced the Attorney General’s Opinion. The public portion of the hearing was closed and the Board commenced with deliberations. County Counsel advised that the option is for the appellant to remove the sign or to have the sign be brought into compliance within a limited set time, such as 60 days. Staff responded to questions from the Board relative to whether the General Plan addresses sign regulations; relative to being able to have different regulations in a Town Plan than what is in the General Plan; and relative to options for the Board. (M)Aborn, (S)Pickard, Res. 08-148 was adopted denying appeal No. 2007-195 and upholding the Planning Director’s Notice of Violation; upholding the Planning Director’s written determination dated June 7, 2007 regarding the maximum allowable sign size for the CSD and finding that a sign for the Lake Don Pedro CSD is subject to local Zoning Ordinances and that it is not one of the listed exemptions pursuant to the provisions of Government Code Section 53091(e); and establishing the existing zoning ordinance violation be abated by removal of the sign within sixty (60) days or the applicant is to bring the sign into compliance within the said sixty days. Staff responded to a question from the Board relative to the size of the message portion of the sign. County Counsel clarified that the findings were included in the action. Ayes: Aborn, Fritz, Pickard; Abstained: Turpin; Excused: Bibby. The hearing was closed. CONSENT AGENDA CA-1 Approve Light Brown Apple Moth (LBAM) Trapping Agreement No. 07-0841 for July 1, 2007 – June 30, 2008 with California Department of Food and Agriculture (CDFA) and Authorize the Board of Supervisors Chair to Sign the Agreement (Agricultural Commissioner); Res. 08-140 CA-2 Accept the Resignations of Miles Gleason, Paul Jacobs and Dave Nelson from the Alcohol and Drug Advisory Board (Human Services Director) CA-3 Re-appoint Yolanda Cheley, Steve Delk and Jim Mason to the Alcohol and Drug Advisory Board for Terms Expiring April 15, 2011 (Human Services Director) CA-4 Accept the Resignation of Bonnie Berg from the Mental Health Board (Human Services Director) ---PAGE BREAK--- 5 4-15-08 CA-5 Appoint Lisa Carisio to the Mental Health Board for a Term Expiring April 15, 2011 (Human Services Director) CA-6 Approve Budget Action Increasing Revenue and Appropriations in the Seventh Day Adventist (SDA) Camp Wawona EIR Fund ($48,750) Because of Additional Litigation Costs and Increasing Revenue in the Planning Budget and General Contingency ($9,300) to Account for Planning Staff Time on this Project (Planning Director); Res. 08-141 CA-7 Approve Budget Action Transferring Funds within the Planning Budget to Pay Increased Motor Pool Vehicle Expenses ($3,300) (Planning Director); Res. 08-142 CA-8 Approve Agreement with California Department of Public Health for Immunization Assistance Program and Exhibit Attachments Encompassing Two Fiscal Years and Authorize the Board of Supervisors Chair to Sign the Agreement; Authorize the Health Officer to Sign the Contractor’s Release Forms and Approve Budget Action in the Health Department Budget ($580) (4/5ths Vote Required) (Health Officer); Res. 08-143 CA-9 Approve First Amendment to Agreement with Mariposa County Unified School District Extending the Date to July 26, 2008 for Installation of Equipment to Reduce School Bus Diesel Exhaust Emission and Authorize the Board of Supervisors Chair to Sign the Amendment (Health Officer); Res. 08-144 CA-10 Authorize Corrections of Typographical Errors on Resolution No. 07-566 Supporting the Altamont Alignment for the Bay Area to Central Valley High Speed Train and Supporting Re-circulation of the Draft EIR/EIS (Supervisor Aborn and County Counsel); Res. 08-145 CA-11 Approve Summary of Proceedings of April 1, 2008, Regular Meeting; Approve Summary of Proceedings of April 2, 2008, Continued Meeting; Approve Summary of Proceedings of April 8, 2008, Regular Meeting (Clerk of the Board) 11:54 a.m. The meeting was recessed and continued to Saturday, April 19, 2008, at 10:00 a.m. for the Public Hearing to consider the draft Yosemite West Special Plan. Respectfully submitted, MARGIE WILLIAMS, Clerk of the Board LYLE TURPIN, Chair, Board of Supervisors