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Time Description 9:08 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Introductions 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: (M)Fritz, (S)Pickard, all items were approved/Ayes: Unanimous. Public Presentation: For Items within the Jurisdiction of the Board and not on Today’s Agenda. Paul Chapman presented information on the Sierra Nevada Conservancy’s (SNC) grant of a conservation easement to the Bohna Ranch showing support of the Board; and he stated this did not come to the Board for approval. He requested that the County Administrative Officer send a letter to the SNC concerning this. He also commented on the lack of parking for visitors to the Mariposa Museum and History Center because the rest area parking lot is being used by those riding the bus, for neighboring businesses and for the street vendors. Dell Knell, Chair of the Butterfly Festival, provided input on the activities planned for the Festival for May 2, 3, and 4th. Steve Saunders, resident of Catheys Valley, asked for information on the process for the Catheys Valley Community Plan. Chair Turpin advised that public comment will be taken later in the meeting with the item for the consideration of the workshop. MaryAnn Huff, President of the Chamber of Commerce, advised of the success of the Chamber’s after hour’s mixer held at the Lake Don Pedro Golf and Country Club on Tuesday. She announced that the Coulterville Claim Jumpers will be doing random shootouts in Coulterville on the weekends from April thru September. There will be a benefit golf tournament on May 16th at the Lake Don Pedro Golf and Country Club to raise funds to support the Coulterville and Lake Don Pedro Fire Stations and the Coulterville Park development. Dana Hertfelder, Public Works Director, reported on a sewage spill that occurred at the Coulterville plant, and he advised that it was caused by a power outage and the back-up generator didn’t kick on. Board Information Supervisor Bibby announced that the Catheys Valley Fire Station is recruiting volunteers, including general volunteers. Interested persons can contact Chief Shelton at 374-3211 or the County Fire Department. She reminded everyone of the agritourism and nature tourism workshop scheduled for Wednesday. She advised that if the Board meeting permits, she plans to attend the Mental Health Board meeting at noon. MARIPOSA COUNTY BOARD OF SUPERVISORS SUMMARY OF PROCEEDINGS April 1, 2008 ---PAGE BREAK--- 2 4-1-08 Supervisor Aborn asked Sheriff Muller to comment on the funding for the agreement with the Drug Enforcement Administration for reimbursement for marijuana/drug investigations, and whether additional funding could be obtained. Sheriff Muller advised that there will be a review at the end of the year on the activities before a determination is made on the funding for the next year. Supervisor Aborn commented on the problems at the skate park. Supervisor Fritz advised that she attended the San Joaquin Valley Rail committee meeting and is now officially the Vice-Chair. She complimented Supervisor Aborn for his work on blocking the passage of a resolution at the meeting; and she asked that he be named officially as the high speed rail contact for the County. She advised that there will be a Town Hall meeting on underage drinking on April 10th sponsored by Friday Night Live. She noted that the 5th and 6th grade students from Mariposa Elementary School have displays on the Ferguson rockslide at the Government Center, and she noted that Carrie Guarino worked with the students on the displays. She plans to attend the YARTS meeting on Monday; and she has a District IV meeting and a zone of benefit road meeting for French Camp Road scheduled for Monday evening. Supervisor Pickard reported on the Keeping California Beautiful Committee meeting, and he advised of the issues that were discussed. Supervisor Turpin advised that he attended the Chamber’s mixer at the Lake Don Pedro Golf and Country Club. He attended the CSAC Natural Resources committee meeting on Friday and water issues were discussed. Dr. Mosher, Health Officer; PowerPoint Presentation Regarding Underground Water Supplies and Public Health Protection of those Supplies in Mariposa County BOARD ACTION: Dave Conway, Registered Environmental Health Specialist, gave the presentation and responded to questions. Chair Turpin asked that copies of the presentation be made available if requested by the public. Discussion was held. 10:00 a.m. The public hearing regarding the submission of a $1,000,000 Community Development Block Grant (CDBG) application for Fiscal Year 2008 was opened and continued until after the following items. Dana Hertfelder, Public Works Director; A) Waive First Reading and Introduce Ordinance Creating Chapter 12.30 Entitled “Landscape and Sidewalk Requirements” of the Mariposa County Code BOARD ACTION: Discussion was held with Dana Hertfelder relative to the proposed ordinance and whether it would apply to existing businesses. Thomas P. Guarino, County Counsel, advised that it would not apply to existing improvements and it is not intended to be retroactive. Supervisor Turpin suggested that County Counsel review the language with Public Works to try and make it clearer. County Counsel commented on the liability issue with sidewalks and suggested that all of the issues be reviewed and that the ordinance could be brought back to be effective for when sidewalks are required as a condition of the improvement. Further discussion was held. Chair Turpin referred the matter to County Counsel and Public Works to review the language and to bring the matter back as discussed. Supervisor Bibby asked that if anyone from the public has comments on this matter to please let her know and she will pass them along. B) Authorize the Purchase of a Dell Server with Related Software and Battery Backup for the Public Works Department at a Cost Not to Exceed $15,000 BOARD ACTION: Discussion was held with Dana Hertfelder, Carl Casey/Public Works Administrator, and Rick Peresan/Technical Services Director. Input from the public was provided by the following: Paul Chapman questioned the recommendation, the cost, and whether this went out to bid. Lou Cordero advised that he works with a CAMS system and he doesn’t feel that it works, and he questioned whether that system is being replaced. Carl Casey advised that it was updated and that program functions for the department. ---PAGE BREAK--- 3 4-1-08 Discussion was held relative to the request. (M)Pickard, (S)Fritz, Res. 08-125 was adopted approving the request/Ayes: Unanimous. C) Adopt an Extended Producer Responsibility Resolution and Authorize the Board of Supervisors Chair to Sign a Pledge of Support for the California Product Stewardship Council BOARD ACTION: Discussion was held with Dana Hertfelder, and he advised of a request from the Council for a contribution in the amount of $1,000 which he feels will be offset be services provided by the Council and it can be paid from the Solid Waste budget. The Board will have an opportunity to review the funding request annually during the budget hearing process. (M)Pickard, (S)Fritz, the Pledge of Support was approved. The motion was amended, agreeable with the maker and second, to include language in the Pledge that support is contingent that the mission and functions of the Council do not deviate from the March 25th presentation/Ayes: Turpin, Bibby, Fritz, Pickard; Abstained: Aborn. Discussion was held relative to the language in the resolution. Input from the public was provided by the following: Eleanor Keuning provided input and stated she feels the onus should be on the manufacturer for the packaging of their products. (M)Pickard, (S)Bibby, Res. 08-126 was adopted with language changes to delete the reference to “cities”; to reflect leasing products when feasible; and to correct “and” to “at” the end of their useful life/Ayes: Turpin, Bibby, Fritz, Pickard; Abstained: Aborn. 10:52 a.m. Jim Rydingsword, Human Services Director; PUBLIC HEARING Regarding the Submission of a $1,000,000 Community Development Block Grant (CDBG) Application for Fiscal Year 2008 to Fund Housing Rehabilitation Programs, Low-income Employment and Training Services and the Acquisition of Fire Equipment; Approve the $1,000,000 2008 Community Development Block Grant (CDBG) Application to Request Funding from the State Department of Housing and Community Development to Support these Community Programs, and Authorize the Human Services Director to Sign the Agreement and any Subsequent Amendments with the State Department of Housing and Community Development if the Grant is Funded BOARD ACTION: Jim Rydingsword presented the staff report. Staff responded to questions from the Board relative to the commitment of funding from the Tobacco Fund for the fire equipment and the current fund balance of the account; and from the General Fund for the library salary in-kind funding. Marilyn Lidyoff, Business Development Coordinator, responded to a question from the Board relative to the CDBG guidelines and location of the fire truck. Gwen Nitta, Manager for Mariposa County for Mother Lode Job Training, provided input on how they will use their portion of the requested funds if the grant is successful. Staff responded to questions from the Board relative to the job training program and efforts to put in place a local weatherization team and to train people for jobs within the County. The public portion of the hearing was opened and there was no input. The public portion of the hearing was closed and the Board commenced with deliberations. Jim Rydingsword commended staff for their work on this grant application. (M)Fritz, (S)Aborn, Res. 08-127 was adopted approving the recommended actions. Staff responded to a question from the Board and advised that this is an all or nothing grant; that certain portions would not be awarded, only the whole grant. Chair Turpin thanked the groups in North County that pledged their financial support if this grant is approved. Ayes: Unanimous. The hearing was closed. 11:04 a.m. Recess 11:20 a.m. Richard J. Benson, County Administrative Officer; Discussion Concerning Requests Received and Possible Direction Relative to Rescheduling the Joint Public Workshop with the Planning Commission to Consider the Draft Catheys Valley Community Plan (NOTE: The Joint Public Workshop is Scheduled for 6:30 p.m. on April 1st.) BOARD ACTION: Rick Benson advised that this item was scheduled on the agenda as a result of the public comment provided on March 25th. Chair Turpin advised that this matter is not scheduled to discuss the merits, but to decide whether to hold the workshop; and he advised of the workshop process. Input from the public was provided by the following: ---PAGE BREAK--- 4 4-1-08 Paul Hall, Vice-Chair of the Chamber of Commerce, read a prepared statement advising that the Chamber is pro-business and asking that the approval process of the Plan be halted and that it be sent back to the community. Dennis Croucher asked members of the audience to raise their hands if they do not want to see the workshop proceed this evening. Judie Huffman, member of the Advisory Committee, provided input and stated she feels the workshop is needed to get input on the draft Plan that has been 14 years in the process. Ken Trujillo, Catheys Valley resident, expressed concern that the Plan would make the church a non-conforming use; and he stated he feels the workshop should be postponed for the document to receive input at the Advisory Committee level. Curt property owner in Catheys Valley, stated he does not feel the workshop should be held this evening; and he questioned whether it was legal for the Advisory Committee to make changes to the draft Plan without taking public input. Chair Turpin advised that these questions should be addressed at the workshop. County Counsel provided input on the general rules of the process for a community plan. Lou Cordero, Catheys Valley resident and member of the Advisory Committee, provided input and stated he feels the workshop should proceed this evening. Mitch Boze, Catheys Valley, thanked the Advisory Committee for its hard work and stated he agrees that there needs to be corrections, but he does not feel that stopping the process is the answer. Barbara Cram, Catheys Valley resident, stated she does not feel that there has been proper notice for the meeting to proceed this evening. Ron (didn’t catch last name), new to Catheys Valley area, stated he does not feel that people are asked to stop everything, but to be allowed to step back and work the issues out among themselves. Steve Saunders, Catheys Valley, stated he feels that much of the document is new without public input being provided. He is concerned with accountability and agriculture issues and he feels the workshop would legitimize a process that is not right. Lou Cordero noted that Steve Saunders opposed a proposed dairy in the area. Carolyn Wenger Korn, Catheys Valley resident, questioned why people are asking to stop this workshop. She feels this should be a place where neighbors can talk to each other and express their views about the community with respect. Ken Trujillo noted that they have expressed concerns with the Plan and the impact on the church; however, nothing has been changed by the Committee. Tammie Guenthart provided input on the comments that have been made that only the new people to the area are complaining and advised that she has lived in Catheys Valley all of her life; and she expressed concern with the Plan. Dennis Croucher opposed proceeding with the workshop. Cathie Pierce provided input on the process and her involvement and asked that the workshop be held so that comments can be heard from the people. She was a member of the public until December 2007, and is now a member of the Advisory Committee and a member of the Ad Hoc Subcommittee that worked on the agriculture element. Mitch Boze noted that a majority of the Catheys Valley residents are at work at this time, and he urged that their wishes be considered. Rita Kidd, Catheys Valley, urged the Board to move forward with the noticed public workshop this evening and noted that people are planning to come that do not know about this discussion. She provided input on the Plan. Rick Lobaugh, Catheys Valley, thanked the Committee members for their work, but he is concerned that they were presented with a new Plan at the March meeting without input. He questioned whether there is a requirement for a community plan; and he asked that there be an opportunity at the community level to provide input. Brett Baumann, Catheys Valley resident and Catheys Valley Real Estate, stated he does not feel that this is a community plan. He feels that people come to the area, then are hazed and pushed out. He feels the community should work together. Dave Pearson, Catheys Valley, questioned the legality of the document and he feels the workshop should be cancelled. ---PAGE BREAK--- 5 4-1-08 Cathie Pierce advised that she has extra copies of the agriculture element with the changes available. Lou Cordero advised that the Committee made the change requested by Ken Trujillo relative to paving requirements for the church and he does not know why the change was not posted. Joe Simon, Catheys Valley resident, provided input and he asked the people of the community to come to the workshop; and he advised of his efforts to contact people to come to the Advisory Committee meetings and he provided a list of people he has called. Rita Kidd responded to the question that was raised as to whether a community plan is required and she referred to language in the General Plan. She also noted that Catheys Valley is a community planning area and not a town planning area. Ken Wagner, resident of Catheys Valley, stated he was aware of the Plan, but only recently became aware of the change in size from 400-acres to 36-square miles; and he asked that this be sent back to the Committee for a meeting. Bob Stark, Catheys Valley, stated he feels the Plan needs to go back to the Advisory Committee. 12:43 p.m. Recess 12:54 p.m. Discussion was held. Supervisor Turpin stated he feels that a document should be prepared that shows the differences between the Plan and the General Plan. (M)Aborn, (S)Bibby, direction was given to move forward with holding the workshop to allow an opportunity for input to be provided. Supervisor Pickard asked that direction be given to staff that if another workshop is held that there be an opportunity for the Board to provide direction. Ayes: Unanimous. 1:04 p.m. Lunch 2:06 p.m. The Board reconvened and Chair Turpin advised that he attended the swearing-in ceremony for the new deputies at the Sheriff’s Office. The public hearing to establishing the Mariposa County Tourism Business Improvement District was opened and continued until after the following matter. Kris Schenk, Planning Director; Consider Public Comments on the 2008 General Plan Annual Report; Direct that the 2008 Annual Report be filed with the State Office of Planning and Research (OPR) and the Department of Housing and Community Development (HDC); and Adopt a Resolution Establishing the 2008 Schedule of General Plan Amendments BOARD ACTION: Kris Schenk advised that this matter was noticed as a public hearing; and he presented the staff report. He noted that this is the first report on the new General Plan that was adopted in December 2006, and the report covers calendar year 2007 and is required by State law. Sarah Williams, Deputy Planning Director, reviewed the Mondo property in Bear Valley and advised of boundary issues with the Bear Valley planning area and asked for clarification of the Board’s intent in regard to this property. Staff responded to questions from the Board on this matter. Input from the public on the Mondo property issue was provided by the following: Don Starchman, Starchman & Bryant Law Offices, stated this matter was brought forward several times during the General Plan process and he was assured that it was a mapping error and would be taken care of. He referred to the Board’s previous direction on March 20, 2007, and stated he does not feel that this should require a General Plan amendment to make the correction. Kris Schenk advised that a correction was made for 45-acres; but they could not find reference for including the 411 acres in the Bear Valley Plan. The problem with the mapping was with the lines in the GIS system; and there was a policy adopted in the General Plan of being able to divide parcels of more than 40-acres into different land use classifications. ---PAGE BREAK--- 6 4-1-08 Staff responded to questions from the Board relative to the completion dates for the implementation measures; relative to addressing the issue of allowing a third residence on larger parcels, five-acre/cluster zoning, and going from three to five rooms for Bed and Breakfast operations. The public portion of the hearing was opened and there was no additional public input. The public portion was closed and the Board commenced with deliberations. Staff responded to questions from the Board relative to the status of being able to make corrections for the Mondo property; as to whether there is a definition for viewsheds; relative to the status of submitting the document for Wawona to the Park Service; and clarification of reference to Attachment in the staff report. (M)Bibby, (S)Pickard, direction was given for consideration of any changes that should be made on the Mondo property; Res. 08-128 was adopted establishing a schedule of dates expected for public hearings to consider 2008 amendments to the Mariposa County General Plan; and direction was given for the 2008 Annual Report, along with supporting documentation which is currently being prepared by the Human Services Department, to be provided to the Office of Planning and Research and the Department of Housing and Community Development. The motion was amended, agreeable with the maker and second, to include the issue of allowing a third residence on larger parcels to the list of items for future consideration. Ayes: Unanimous. The hearing was closed. 2:50 p.m. Leroy Radanovich, Tourism Director, Yosemite/Mariposa County Tourism Bureau; PUBLIC HEARING to Adopt a Resolution Declaring the Results of the Majority Protest Proceedings and Establishing the Mariposa County Tourism Business Improvement District. BOARD ACTION: Leroy Radanovich presented the staff report; and he advised that Kevin Shelton/Chair of the Tourism Bureau, and Emily Summers/Downtown Resources, were present to respond to questions. He recommended that, based on input he has received from the industry, the Bureau will not include gross room rental revenue resulting from stays pursuant to contracts executed prior to April 15, 2008 versus April 1, 2008. He responded to questions from the Board relative to considering May 1st versus April 15th as the end of the grace period for the signed contracts, and relative to the notification process of the assessment. Kevin Shelton clarified that the assessment does not begin until May 1st. Emily Summers responded to questions from the Board relative to their recommendation for the grace period; relative to what would happen if there are changes in the contracts made for bookings after the grace period expires; correction to reflect one percent in the resolution; relative to use of the revenues if the marketing takes a different approach; relative to defining reasonable efforts of the County to collect the assessment and covering the administrative costs for collections; and clarification that the five percent transient occupancy revenue contribution to the Bureau will be an annual request and that the County is not obligated. County Counsel provided input and advised that the County’s regular collection process will be followed. Kevin Shelton responded to a question from the Board as to whether there is an appeal process for the industry; and he advised that their meetings are open and they would encourage input and they are trying to make sure that the whole County is represented in the advertising. Supervisor Aborn advised of a small facility that has a room to accommodate handicapped persons. Kevin Shelton advised that they are looking for this type of information to use in their advertising; and he responded to questions relative to their promotional efforts for the small business operators and advised that a representative of the Bed and Breakfast Association is a member of the Bureau. Emily Summers noted that the small business operations benefit from the marketing efforts. The public portion of the hearing was opened and input was provided by the following: Paul Chapman stated he feels the small operators’ vote should count as much as Delaware North, he doesn’t feel that two operators should be controlling. He also feels that this should go through a bid process and that the requested funding is too much. Diana Wilcoxen, President of the Bed and Breakfast Association, expressed support for the Business Improvement District (BID) and noted that the two large operators only comprise of two members of the Bureau and the entire Board voted for the BID. She provided input on the marketing efforts to promote the whole County. Herb Gloor, Mariposa Lodge, stated he supports the BID and commended Leroy Radanovich for his work. ---PAGE BREAK--- 7 4-1-08 Dorothy Kuhnel, Chamber of Commerce and Visitors Center, commented on the increase in vacation planners and relocation packages that are being requested and stated she feels the marketing efforts are working. The public portion of the hearing was closed and the Board commenced with deliberations. (M)Fritz, (S)Pickard, Res. 08-129 was adopted with the correction to reflect one percent. Following further discussion and concurrence of Leroy Radanovich, Kevin Shelton, and Emily Summers, the motion was amended, agreeable with the maker and second, to direct that the Bureau will not include gross room rental revenue resulting from stays pursuant to contracts executed prior to May 1, 2008. Staff responded to questions from the Board as to whether the date change would affect the systems installed for collections; whether there are any other notices required for the date change; and whether there is any end to the contract timeframes. Ayes: Unanimous. The hearing was closed. 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 there are continuing discussions with the legislators and CalTrans relative to changes to the temporary bridges; he advised that he plans to attend the CalTrans’ Technical Team meeting in Stockton on Thursday; and he recommended that the emergency be continued. (M)Pickard, (S)Fritz, Res. 08-130 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 a Side Letter of Agreement to the Memoranda of Understanding with the Deputy Sheriffs’ Association and the Sheriffs’ Management Association Relative to the Vacation Pay-out Issue (County Administrative Officer/Personnel/Risk Manager) BOARD ACTION: Supervisor Bibby advised that she excused herself from these labor negotiations due to possible compaction issues because her spouse is in the Sheriffs’ Management Association and she has a relative in the Deputy Sheriffs’ Association and since this item is a part of the labor negotiations, she excused herself from the meeting at 3:49 p.m. Discussion was held with Rick Benson. (M)Pickard, (S)Aborn, Res. 08-131 was adopted approving the Side Letters of Agreement/Ayes: Aborn, Turpin, Fritz, Pickard; Excused: Bibby. 3:54 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) BOARD ACTION: (M)Fritz, (S)Aborn, the closed session was held/Ayes: Unanimous. 4:07 p.m. Chair Turpin announced that information was received on the closed session matter. He recessed the meeting until 6:30 p.m. 6:34 p.m. JOINT PUBLIC WORKSHOP with the Planning Commission to Consider the Draft Catheys Valley Community Plan, as Recommended by the Catheys Valley Planning Advisory Committee NOTE: This public workshop is intended to solicit public testimony BEFORE the draft plan is formally circulated for the public hearing processes. BOARD ACTION: Planning Commission Chair Skip Skyrud opened the Planning Commission meeting with the following Commissioners present: Norm Ross/District 2, Bob Rudzik/District 3, Skip Skyrud/District 4, Paul DeSantis/District 5; and Commissioner Gary Francisco/District I, arrived at 6:37 p.m. Kris Schenk/Planning Director, Sarah Williams/Deputy Planning Director, Andy Hauge/Hauge Brueck Associates – Project Manager, and Blake Roberts/Hauge Brueck Associates, were present. Chair Turpin reviewed the workshop process and time limits; and he asked that non-residents ---PAGE BREAK--- 8 4-1-08 of Catheys Valley submit their comments in writing if possible so that the residents would have an opportunity to provide input this evening. Supervisor Bibby announced that the Catheys Valley Fire Station is recruiting volunteers, including general volunteers; and that interested persons can contact Chief Shelton at 374-3211 or the County Fire Department. Andy Hauge provided background information on the draft Catheys Valley Community Plan and advised of revisions that were made to the 2003 draft Plan as a result of the adoption of the General Plan in 2006. He reviewed the issues, the Planning Advisory Committee (PAC) recommendations, and the next steps in the process. A high-lighted document will be prepared that will show the differences between the draft Plan and the adopted General Plan for review at a continuation of this workshop. Then the draft Plan will go back to the PAC, to the Planning Commission, and then to the Board of Supervisors. Board members provided input. Supervisor Pickard stated he feels that this is an opportunity for the Board to hear the concerns being expressed by the public about the Plan and it is an opportunity for direction to be given to the PAC for revisions before proceeding with the environmental review. Supervisor Bibby questioned whether the ISO ratings in the draft Plan are achievable. Andy Hauge recommended using the language adopted in the General Plan. Supervisor Fritz noted that the sentence is incomplete between circle pages 7 and 8. Supervisor Turpin requested that a high-lighted document be prepared identifying the differences between the adopted General Plan and the draft Plan, and that another workshop be held around the end of May, with that document to be available three weeks prior to the next workshop. He stated he feels that all agricultural land in the County should remain under the umbrella of the 2006 General Plan. He feels that if you have 2 ½-acre zoning today, you will have that same zoning tomorrow. Supervisor Pickard noted that more input will be provided during the process. Chair Turpin advised that the issues raised this evening will begin to address the draft Plan. Planning Commissioners provided input. Commissioner DeSantis referred to the guiding principles and protection of the rural character and the recommendation to not allow tract-type housing; and he stated he feels that this needs to be clarified as to whether this refers to that not rural in nature or none period. Commissioner Francisco referred to the reference concerning siding and trim such as weathered wood and noted that this would not be in compliance with the State Building Code. He referred to the emphasis on creating a “town appearance” and he feels that is in contradiction to the “crossroad” term used later in the document - he suggested that “plaza” or “village” be used. He stated he feels the site development standards that dictate how a site is used and location of new development along Highway 140 is confusing and the concept should be clarified. Commissioner Skyrud referred to the map and the intent to keep commercial development off of the Highway; and he noted that is where it exists today. He expressed concern that the Oasis is excluded and that any future vacation of use conditions are not consistent with other areas in the County. He referred to the utility lines and questioned whether requiring the telephone lines is necessary with the availability of cell phone coverage. He stated he feels that the maximum 5,000-square foot building size limitation leaves no opportunity for someone to apply for a Conditional Use Permit (CUP), and that is a process that is allowed in the General Plan and by State law. He expressed concern with the ISO rating and whether it is obtainable. He stated he feels the age of mobile homes allowed should be included. He feels the Plan is in conflict with the secondary dwelling unit as that is allowed by State law. He referred to a draft circle page 7 that contained the missing language in the sentence between circle pages 7 and 8. Input from the public was provided by the following: Ken Trujillo, Pastor of the Catheys Valley Baptist Church, presented a letter proposing language changes to the sections addressing churches and asked for a change in the Land Use Diagram Map to reflect the proper zoning designation for the church. Steve Saunders, Catheys Valley, stated he has agricultural land and he asked for clarification on the decision making power for the Catheys Valley Review Committee, and he asked that reference to it be stricken from the Plan. Supervisor Turpin reiterated his proposal that the agricultural lands be under the General Plan. Supervisor Pickard noted that the Board’s policy is that advisory committees are advisory and that the Board makes final decisions. Steve Saunders provided input relative to agriculture and the term “non-residential” used in the Plan, asked for clarification of Agriculture ---PAGE BREAK--- 9 4-1-08 Working Landscape, provided input on water issues, and stated he is concerned with the proposed restrictions on agriculture. Supervisor Turpin suggested that he review Chapter 10 in the General Plan. Robert Brockman provided input on the process for the draft Plan and stated he feels that water is an issue – his fifteen-foot well is now over 100-feet. Mark Harris, Yosemite Falls Well Drilling, provided input on his experience in drilling wells in Catheys Valley; and he advised that he has not experienced a water problem. Lou Cordero, Catheys Valley, stated he feels that water is a big concern. Bob Benson, owner of BJ Ranch with his wife, expressed concern with the maps as they relate to his ranch – he would like to have all of their agricultural land area removed from the map. He feels the size of the community planning area is too large. Curt Catheys Valley resident, pointed out spelling and grammatical errors in the Plan; asked for clarification of the Agriculture Working Landscape zoning; feels “many” should be inserted in front of the sentence that says “Private roads and many County roads have evolved over the years as opposed to having been planned and designed.”; questioned the need for public services in the area since another part of the Plan states major commercial is just “minutes” away as are public services; noted that the paragraph is duplicated under the sections “Ensuring Managed Growth” and “Remain A “Cross-roads” Community” and he stated he feels the later section title should be removed; stated he feels signs are covered in the sign ordinance and should not be included in the Plan; feels the terms “town appearance” and “rustic village theme” and “crossroads” are inconsistent; questioned the minimum parcel size and setbacks for water and septic systems; suggested the wording for utility services be consistent with the General Plan; and he questioned how the goals will be implemented for water requirements. Andy Hauge advised that a project can’t be approved unless compliance is shown with the goals and policies of the Plan; and he recommended that the goals be consistent with the General Plan. Barbara Cram, Catheys Valley, provided input on the sections for Intensity of Use and traffic; infrastructure and rural roads in relation to the rural lands. Theresa Castaldi, with Coyote Springs Ranch, commented on efforts to put together a guest ranch and she feels this Plan will regulate and push her out of business. She stated she feels this is an illegal document as she feels there wasn’t proper input by the public. She questioned the change to enlarge the boundary of the planning area. She advised that she and Patricia Oakander are on record that they want all of their parcels removed from the planning area. Discussion was held relative to their parcels and the boundary. Rick Lobaugh questioned whether the Plan could pertain to the agricultural lands and asked that they be removed; questioned whether the design guidelines apply only to the commercial property; asked whether his rights under the Williamson Act contract would be affected by this Plan and suggested that it be exempt from other requirements. He feels the PAC should not have decision making authority. Andy Hauge responded. Rick Lobaugh provided input on the population density and building intensity provisions. Mitch Boze asked if the color of the map changes and Coyote Springs Ranch is in the green color whether that would change anything. He noted that his property is in the green and he would rather that it not be. He feels everyone should follow the rules whether their property is in or out of the planning area. Don Starchman, Starchman & Bryant Law Offices, noted that the B Lazy J Ranch has been taken out of the planning area boundary before and the PAC put it back in; however, he does not feel that it belongs in the planning area. Andy Hauge advised that it was removed in the interim land use designation and the PAC added it back in. Don Starchman advised that Andy Hauge’s recollection of averaging the parcels does not match his. Joe Simon, Catheys Valley resident, provided input on the topography of the area and the PAC decisions relative to the boundary. He feels that those that remove their agricultural land will not have any say about the Plan and if the land is removed there won’t be a Plan. Bob Stark, Catheys Valley resident, asked when the planning area went from 400-acres to 16,000-acres; and when Chapter 5 was written, by whom, and when it was added to the Plan. Andy Hauge advised that the planning area size changed before the General Plan process – prior to 2000; and that Chapter 5, section on land use and on infrastructure was written by the PAC in 2003 and the ---PAGE BREAK--- 10 4-1-08 agricultural section was taken from the General Plan and modified by the subcommittee of the PAC earlier this year. Mary Ann Visher advised that the size of the planning area was expanded when Eric Toll, former Planning Director, came in and it was decided that they did not want growth like what occurred in Oakhurst. Bob Rudzik agreed that the size of the planning area changed in 2000-01 and the idea was that it would shrink as it matured. Lou Cordero advised that he has a box of all of the paperwork on the Plan and people are welcome to borrow it. Discussion was held. Andy Hauge advised that they will create a high-lighted document identifying the differences between the adopted 2006 General Plan and the draft Catheys Valley Community Plan, make typographical and grammatical corrections; and come back with a list of written and verbal comments in order by Chapter for review. Supervisor Fritz asked why Chapter 5 of the Plan was not marked “draft” and Andy responded that the watermark was left off; however, it was marked “draft” at the bottom of each page. Supervisor Bibby asked that the definition of “mega” church be included for review; and she asked if there is a way to assess what the impact would be if agricultural land is removed from the planning area, and if there is a way to clarify that the agriculture element is as adopted in the 2006 General Plan so that if there are future changes to the General Plan it wouldn’t affect the Plan. Andy Hauge advised that there could be reference to the policy as adopted by the General Plan in 2006 versus duplicating the General Plan to assure the community that those are the policies they are relying on. Kris Schenk advised that the citizens and the Planning Commission and the Board would have an opportunity to further comment on the Plan at the next workshop; and the Board could give direction. Andy Hauge and staff would incorporate changes as directed, then the Plan would go through the environmental review process and there would be three or four or more public hearings on the Plan and further changes could be made and the PAC could make further comment. Planning Commissioner Chair Skyrud adjourned the Planning Commission meeting at 8:46 p.m. and advised their next regularly scheduled meeting is April 18th. Supervisor Bibby asked about getting a definition of “tract” housing and asked about commercial reserve and the soils map. Andy Hauge recommended that the language from the General Plan be used. Supervisor Bibby asked that self-rental storage units be clarified. Andy Hauge noted that the Oasis property needs to be a modification to the map. It was clarified that the 2006 General Plan would be compared to the 2008 draft Catheys Valley Community Plan, and that the next workshop would be held jointly with the Planning Commission. CONSENT AGENDA CA-1 Approve an Agreement with the California Department of Boating and Waterways to Participate in Boating Safety and Enforcement Financial Aid Program for Fiscal Year 2008-2009 and Authorize the Board of Supervisors Chair to Sign the Agreement (Sheriff); Res. 08-114 CA-2 Approve an Agreement with the State of California Department of Public Health for Fiscal Year 2007-2008 (Including other Documents as Delineated within the Agreement) in the Amount of $166,962 and Authorize the Board of Supervisors Chair to Sign the Hospital Preparedness Program Agreement (Health Officer); Res. 08-115 CA-3 Approve Fifth Amendment with Mariposa County Total Waste Systems, Inc. for Transfer Station Hauling Services Increasing the Compensation for Those Services and Authorize the Board of Supervisors Chair to Sign the Agreement (Public Works Director); Res. 08-116 ---PAGE BREAK--- 11 4-1-08 CA-4 Approve Budget Action Transferring Funds within the Yosemite West Budget to Cover Unanticipated Fuel Costs for the Remainder of Fiscal Year 2007-2008 ($1,500) (Public Works Director); Res. 08-117 CA-5 Re-appoint Chevon Kothari to Continue Serving as a Member of the Mental Health Board for a Three Year Term which Expires on April 1, 2011 (Human Services Director) CA-6 Approve an Agreement for a Foster Family Receiving Home in Mariposa County/ and Authorize the Board of Supervisors Chair to Sign the Agreement (Human Services Director); Res. 08-118 CA-7 Approve an Agreement with Janet Stutzman to Assist the Behavioral Health Deputy Director with Application for and Planning, Grant Writing, and Drafting Reports of the Prevention and Early Intervention Component of the Mental Health Services Act; and Authorize the Board of Supervisors Chair to Sign the Agreement (Human Services Director); Res. 08-119 CA-8 Authorize the Fire Chief to Apply for Volunteer Fire Assistant Grant. The Grant Requires a 50% Cost Share and Expenditures Proposed in the Fiscal Year 2008-2009 Budget Would Meet the Match Requirement (Fire Chief); Res. 08-120 CA-9 Authorize the Fire Chief to Sign the 2007 FEMA Assistance to Firefighters Grant (AFG) Award in the Amount of $117,650 for the Purchase of Emergency Medical Response Kits; and Approve Budget Action Transferring Funds from the Fire Operation Budget to the Fire Grant Budget to Cover the 5% Cost Share ($5,882) (Fire Chief); Res. 08-121 CA-10 Authorize the Fire Chief to Apply and Sign the US Department of Interior (DOI) Rural Fire Assistance (RFA) Grant Program to Purchase Wildland Fire Tools and Equipment. The Grant for $18,300 will be Proposed in the Fiscal Year 2008-2009 Budget (Fire Chief); Res. 08-122 CA-11 Adopt a Resolution and Approve a Grant Award Agreement with the Department of Corrections and Rehabilitation, Corrections Standards Authority, for the Alcohol and Drug Awareness for Parents and Teens (ADAPT) Program and Approve Budget Action Accepting the Grant Award and Increasing Revenue and Appropriations in the Amount of $100,046 (4/5ths Vote Required) (Chief Probation Officer); Res. 08-123 CA-12 Align the Salary for the Legal Secretary I/II with the Salary for the Child Support Legal Secretary I/II. The Salary for the Child Support Legal Secretary is $2,144.31-$2,606.24 /Month and the Child Support Legal Secretary II is $2,254.03-$2,739.71/Month (County Administrative Officer/Personnel/Risk Manager); Res. 08-124 CA-13 Approval of Summary of Proceedings of March 11, 2008; Approval of Summary of Proceedings of March 25, 2008, Regular Meetings (Clerk of the Board) 8:52 p.m. The meeting was recessed in memory of Alice Elizabeth Miller and Dorothy Gertrude Murphy, and the meeting was continued to Wednesday, April 2, 2008, at 4:00 p.m. for a public ---PAGE BREAK--- 12 4-1-08 workshop to consider definitions and criteria for agritourism and nature tourism, and to provide recommendations for actions that will allow agri-tourism and adaptive, visitor-serving uses in Mariposa County. Respectfully submitted, ` MARGIE WILLIAMS, Clerk of the Board LYLE TURPIN, Chair, Board of Supervisors