Mariposa County Board of Supervisors Conformed Agenda October 14, 2003 Time Description

Yvonne Bennett stated there is not an economic basis here for growth to occur, and she feels we will be a bedroom community. 1.9.02 Mariposa Growth Patterns – The Board concurred with changing the location of growth from the movement of employees and services out of Yosemite National Park from “eastern and central” to “throughout” Mariposa County. Don Starchman asked about the sentence relative to Fresno and Madera’s projected growth, and the Board concurred with deleting the sentence. Dick Kunstman commented on the calculations used for determining the percentage of growth. 1.9.03 Projections – Don Starchman stated he feels the Board should highlight and come back to the use of the term “working landscape” for Williamson Act lands. 1.10 The Governance of Mariposa 1.10.01 Mariposa County Government – Supervisor Bibby noted that the titles of the County officials need to be updated to reflect current job titles. Supervisor Parker suggested that it be clear that the Chief Probation Officer is appointed by the Superior Court Judge versus the Board. 1.10.02 Planning Roles and Responsibilities in Mariposa County – Rich Inman, County Administrative Officer, expressed concern with the delegation of decision making authority to the Planning Commission and Planning staff. Eric advised that this section refers to authority delegated by Ordinance and that decisions are subject to appeal. The Board concurred with adding “planning” to clarify the responsibility being delegated. Supervisor Pickard commented on terminology that is being used for the first time in this document, and he referred to the reference to the Agriculture Advisory Committee. He suggested that this section be clarified to reflect that it is the Board’s desire to create the Agriculture Advisory Committee. Eric clarified that this Committee was created by a previous Ordinance, and advised that he plans to bring a resolution to the Board in three weeks to establish the membership on the Committee. Discussion was held, and the Board concurred that this should be flagged for further review. 1.10.03 Volunteerism in Mariposa County of Mariposa – The Board with correcting the title to read Volunteerism in the County of Mariposa. Supervisor Bibby referred to the previous section for the Mariposa Public Utilities District (MPUD) and questioned the terminology used for depleting water rights for the Saxon Creek project. The Board concurred with deleting the sentence. Lyle Turpin stated he agreed with the deletion of the sentence. Ken Melton referred to the water rights discussions while he was a member of the Board for MPUD. Supervisor Stetson referred to the previous section and questioned the use of the term “latent” powers to provide services for the Yosemite-Alpine Community Services District. Supervisor Balmain stated the County Service Area 1M (Lake Don Pedro) and Lake Don Pedro Sewer Zone sections need to be corrected relative to their jurisdictions. Eric advised that he will clarify these sections. 1.11 Mariposa County’s Government Partners – No changes were made. 1.11.01 Yosemite National Park – No changes were made. 1.11.02 United States Forest Service – 3 10/28/03 Dick Kunstman advised that the Mariposa-Minarets District is now called the Bass Lake District. Lyle Turpin stated he feels the 100,000 acres between the two forests is conservative. Eric will review the acreage figure. 1.11.03 Bureau of Land Management – No changes were made. 1.11.04 Yosemite Area Regional Transportation System (YARTS) – No changes were made. 1.11.05 Resource Conservation District – Supervisor Stetson suggested that consideration be given to including information on how the District is guided, and the Board concurred. Discussion was held. - Lyle Turpin provided input relative to the role that Jerry Progner has with the District. - Gene Mickel suggested the wording reflect that the District is “served” versus “staffed” by a Soil Conservationist. - Susan Crain agreed with the wording change. - Gene Mickel referred to the previous section and asked about the YARTS service from Merced to Mammoth. 1.11.06 Merced Irrigation District – Supervisor Stetson suggested that a sentence be added to each of the irrigation districts indicating their operation under a board of directors. Discussion was held and the Board concurred with adding the following sentence: “The District has an independently elected board of directors.” - Dick Kunstman questioned whether MID’s water rights to the Merced River should be indicated in this section. 1.11.07 Chowchilla Irrigation District – No changes were made. 1.11.08 Mariposa County Water Agency – Supervisor Balmain questioned the sentence relative to the County’s water rights, and the Board concurred with deleting the sentence. - Ken Melton stated water rights are only available when you have a project. - Dick Kunstman noted that there is a contract with Merced Irrigation District, and Chairman Pickard clarified that the contract is with the County versus the Water Agency. 1.11.09 Turlock Irrigation District – A sentence was added to reflect that the District has an independently elected board of directors. 1.12 Education in Mariposa County 1.12.01 Primary and Secondary Education – Supervisor Pickard asked that language be added to clarify the high school education for the Wawona students after elementary school, and the Board concurred.. 1.12.02 Post Secondary Education – Supervisor Balmain advised of information shared by Larry Salinas, Director of Governmental Relations for UC Merced at the San Joaquin Valley Regional Association of California Counties’ fall conference relative to the progress of UC Merced. - Don Starchman noted that there are off-site classes being held now, and the on-campus classes are now planned for 2005 versus 2004. The Board concurred with correcting this section to reflect the change. - Dick Kunstman questioned the time estimates given for travel distances. Supervisor Stetson referred to the previous section relative to home schooling and suggested that if there is only one home school organization in the County that perhaps it should be named. The Board concurred with deleting the last sentence and with changing the wording for this section to reflect that: “There are children throughout the County that are schooled at home under California regulations supporting home schooling.” 1.13 Mariposa County’s Regional Neighbors – Supervisor Stetson suggested that wording be added to reflect the Native American cultural ties that we share with Mono County. Supervisor Pickard suggested that consideration be given to adding the other agencies/joint powers authorities that the County participates in. Discussion was held relative to identifying each affiliation. The Board concurred with deleting the last sentence relative to sharing in the operation of YARTS with Mono County, and with not identifying each affiliation, but noting that the County works collaboratively with other counties. No changes were made in the rest of the chapter which lists neighboring counties. Discussion was held relative to scheduling additional workshops to review the draft General Plan Update. The Board concurred with the following schedule: - November 25, 2003 at 2:00 p.m. – workshop on the Housing Element - December 2, 2003 at 11 a.m. and 2:00 p.m. – workshop to work through Chapters 2, 3 and 4; and complete review of the Housing Element, if necessary - December 9, 2003 at 10:00 a.m. – Public hearing on the Housing Element - December 9, 2003 at 2:00 p.m. – continue with workshop on Chapters 2, 3 and 4 - December 16, 2003 – available if additional time is needed to finish Chapters 2, 3 and 4 Supervisor Bibby requested that the Housing Element portion be distributed for review well in advance of the workshop. CONSENT AGENDA: CA-1 Waive Second Reading and Adopt an Ordinance Increasing the Transaction and Use Tax by One-Quarter of One Percent for the Benefit of the Mariposa County Unified School District for a Period Not to Exceed Four Years and Placing the Ordinance Before the Electorate of Mariposa County (County Counsel); Ord. CA-2 Waive Second Reading and Adopt an Ordinance Amending County Code Chapters 2.12, to Reflect the Current Job Description of the County Counsel Position; 2.92, to Reflect the Current Job Description of the County Administrative Officer Position; 8.16, to Reflect the Current Definitions and Requirements for Controlled Burns; and 8.52, to Reflect the Current Definitions and Requirements for Operation of Ambulance Services and for the Local Emergency Services (EMS) Agency (County Counsel); Ord. CA-3 Authorize the County Librarian to Close the Mariposa County Library System Saturday, November 29, 2003 following the Thanksgiving Holiday and Friday and Saturday, December 26 and 27, 2003 following the Christmas Holiday (Librarian); Res. 03-387 CA-4 Resolution Recognizing the Lions Club for Their Contributions with the Ballfield Lights (Supervisor Parker and Supervisor Pickard); Res. 03-383 3:52 p.m. Adjournment Respectfully submitted, MARGIE WILLIAMS Clerk of the Board 5 10/28/03 MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA November 4, 2003 Time Description 9:07 a.m. Meeting Called to Order at the Mariposa County Government Center VFW Commander Larry Todd led in the Pledge of Allegiance Introductions Public Presentations: For Non-Timed Agenda Items including Attention, Information, and Consent Agenda, and for Items Not on the Agenda - Chairman Pickard clarified that this is the time for the public to provide input on non-timed agenda items, including the Attention, Information and Consent Agenda items, and for items that are not on the agenda. - Dick Kunstman asked if there will be an opportunity for public comment before the Board begins consideration of the 2:00 p.m. agenda item on the SilverTip Resort. Chairman Pickard advised that the Board is in deliberations on this matter and will not take public input as the public input portion has been closed. - Dr. Mosher, Health Officer, provided an update on the domestic dog that was found with rabies. He advised that they have been working with the Sheriff’s Department, and he thanked Assistant Sheriff Davies and staff, and he stated they have been collaborating with the State on this case. He advised of the number of people that came in contact with the dog and those that are receiving the vaccination. He also advised of the Sheriff’s Department efforts to track animals that have been in contact with the dog. He stated they will use this as an opportunity to remind everyone of the vaccination law. - Rich Inman, County Administrative Officer, advised that the United States flag that is on display in the Board Chambers is a replica of the flag for 1854, and it will be displayed throughout the Sesquicentennial celebration. Bob Pickard, Board of Supervisors, Chair; Presentation of a Resolution and Tile Plaque Recognizing Howard Davies upon his Retirement from Mariposa County Sheriff’s Department BOARD ACTION: (M)Balmain, (S)Bibby, Res. 03-390 was adopted and presented to Assistant Sheriff Davies, along with a tile plaque/Ayes: Unanimous. Assistant Sheriff Brian Muller, on behalf of Sheriff Allen, presented Howard with his retirement badge and wallet and thanked him for his 35-years of service in law enforcement. Bob Pickard, Board of Supervisors, Chairman; Proclaim the Week of November 9th through 15th, 2003 as “National Veterans Awareness Week” BOARD ACTION: (M)Stetson, (S)Bibby, the Proclamation was approved and presented to Dennis Blessing/Veterans Service Officer, VFW Commander Larry Todd, and American Legion member Jim Meyer/Ayes: Unanimous. Dennis advised that there are approximately 2,700 veterans in the County, and he advised of their annual ceremony at Mariposa Elementary School to recognize Veterans Day. He also advised of the VFW spaghetti dinner event on November 11th. He further noted that the 59th Army Band will be here to play at the Fairgrounds for July 4, 2004. He presented the Board with a poster to display that honors those who have served our country. Board Information: None. Approval of Minutes 10-14-03, Regular Meeting BOARD ACTION: Supervisor Bibby asked that the record be reviewed and that it be clarified in the minutes that she requested that the Sund-Pelosso Fund be reviewed to determine if it is appropriate to pay accrued vacation time for the Deputy District Attorney from that Fund. Approval of the minutes was continued to November 18th. Approval of the Consent Agenda (See End of the Minutes) BOARD ACTION: Supervisor Balmain, pulled items 4 and 6 for discussion. (M)Stetson, (S)Balmain, the balance of the items was approved/Ayes: Unanimous. Supervisor Balmain initiated discussion relative to items 4 and 6, and expressed concern with the workload for Public Works. Jim Petropulos, Public Works Director, advised that due to the change in weather, he authorized the rebuilding of the well house in Yosemite West and that the project is complete. Following discussion, (M)Stetson, (S)Balmain, items 4 and 6 were approved. Supervisor Balmain asked about reviewing the status of the workload of the department and prioritizing projects. Chairman Pickard asked the County Administrative Officer and Public Works to review and come back to address concerns. Ayes: Unanimous. Discussion and/or Action Concerning Process Used to Provide Adequate Time for Review and Comment on Issues Before the Board of Supervisors (Supervisor Stetson) BOARD ACTION: Supervisor Stetson initiated discussion, and he requested that the Board consider a process that would allow for a Board member to pull an item when there is insufficient time to review the information or insufficient material for an item on the agenda. He acknowledged that there may be rare and urgent circumstances where an action would be required in this situation, but stated otherwise he doesn’t feel it is fair to the Board and the public. Supervisor Bibby asked about working on a policy manual as mentioned in the job description for the County Administrative Officer, and allowing Board members to pull an item like is done for the Consent Agenda. Supervisor Parker stated he feels the current practices are sufficient; and stated he agrees that the information should be available. Further discussion was held relative to specific incidences that have occurred. Supervisor Pickard agreed with the current practices being sufficient and noted that items are properly noticed on the agenda; however, material sometimes arrives after the agenda packages are distributed. Discussion was held relative to handling requests for certificates for special occasions that are not known about at the time the agenda is prepared. No action was taken on this matter. 10:27 a.m. Recess 10:52 a.m. Sarah Williams, Deputy Planning Director, appeared on behalf of Eric Toll, Planning Director; PUBLIC HEARING to Consider Specific Plan/Zoning Amendment No. 2002-371 as Amended to Change the Land Use and Zoning Designation of Certain Parcels in the Mariposa Courthouse Area to Professional Office, and to Add Art Studios to the List of Conditionally Permitted Uses in the Professional Office Land Use and Zoning Designation; Mariposa County, Project Proponent BOARD ACTION: Sarah Williams presented the staff report and reviewed the history of this application, and she advised that the Matlock and Uruburu parcels were added to the amendment. Sarah responded to questions from the Board relative to clarifying that the Lingenfelter property consists of one parcel with multiple structures; existing zoning for the property where the Health Department is located; status of the Evans’ parcel and relocation of a historic structure, and Sarah advised that she will remove reference to the relocation of the historic structure; and how parking and circulation will be dealt with when the land use on the affected parcels change to professional office use. Supervisor Balmain advised that he has marked typographical errors in the package that he will forward to Planning. Supervisor Parker requested that relocation of historic structures still be allowed. The public portion of the hearing was opened and there was no public input. The public portion of the hearing was closed and the Board commenced with deliberations. (M)Parker, (S)Bibby, Res. 03-395 was adopted approving Specific Plan/Zoning Amendment No. 2002-371 as amended with the recommended findings; and the first reading was waived and an Ordinance introduced approving an amendment to the Professional Office Zone text, and an amendment to the Mariposa Town Planning Area Zoning Map/Ayes: Unanimous. The hearing was closed. 11:03 a.m. CLOSED SESSION: Conference with Legal Counsel Relative to Anticipated Litigation for a Case Pursuant to Subdivision (b) of Government Code Section 54956.9 (Continued from 10-28-03) (County Counsel) BOARD ACTION: (M)Balmain, (S)Bibby, the closed session was held, with the Human Services Director to be present for a portion of the session/Ayes: Unanimous. 12:10 p.m. Lunch 2:09 p.m. Eric Toll, Planning Director; Board Action Relative to the Certification of the Environmental Impact Report (EIR) and Deliberations and Final Action on the SilverTip Resort Village Planned Development: Specific Plan Amendment (SPA) 99-1; Zoning Amendment (ZA) 99-1; Conditional Use Permit (CUP) 267; Planned Development Permit (PD) 99-1; and Land Division Application (LDA) 1511 and Indemnity Agreement (Continued from 10-14-03) BOARD ACTION: Eric Toll presented additional information showing corrections/additions to the findings; new maps (Exhibits 2 and 3 to Attachment A) for the Specific Plan Amendment and Zoning Amendment showing a sliver of Fish Camp Lane that was inadvertently left off; and an Environmental Impact Report (EIR) Addendum prepared by Quad Knopf, Inc., that contains an analysis by Gene Smith after the on-site meeting with CalTrans. He reviewed the recommended actions if the Board determines to approve the project. He advised that the Board could reach consensus on portions of the project before taking action on the project as a whole. He advised that staff would need time to make changes that the Board may request before final action is taken. Eric advised that on October 28, 2003, Gene Smith/Quad-Knopf, Inc., met with CalTrans, the applicant and the applicant’s engineer to review the left-turn lane situation; and they arrived at a conceptual design plan for the left-turn lane to the west. He advised that the development area is covered in the EIR. He also advised that correspondence has been received after the public portion was closed and legal counsel has reviewed it and determined that there is nothing in the correspondence that was not covered in the EIR, and he noted that the correspondence was not distributed to the Board. Eric responded to questions from the Board relative to the left-turn lane, and whether the change creates any impact, including parking, to the front property owners such as the store; whether the owner of the store is aware of the findings; and relative to the additional information showing corrections/additions to the findings and the fact that the pages and sections referenced do not match. Attorney Bill Abbott, special counsel, advised that he is responsible for the errors with the additional information not matching the pages and sections of the original document, and he advised that he has a clean set of the text showing each of the changes and he will make that available. Attorney Abbott also advised that the Board could make the final policy decisions and review the final document with the changes at a future date. He advised of the issues for the Board to decide today relative to the height limit and the number of units. Attorney Abbott advised that the Board could take action as a motion of intent today and direct staff to return with the final package for final action. Eric and Attorney Abbott responded to additional questions from the Board relative to the differences between “performance zoning” and “bubble zoning” and whether the site plan can be amended; whether action to certify the EIR would be by consensus or vote at this time; and relative to the process for taking action on this project, including consideration of the findings after certification of the EIR. Attorney Abbott clarified that the Board could take action to certify the EIR and not take related actions on the findings and mitigation measures; and that the action would not obligate the Board to approve the project. (M)Parker, (S)Balmain, Res. 03-396 was adopted certifying the EIR for the SilverTip Resort project, without the related actions. Discussion was held. Attorney Abbott responded to a question from the Board as to whether this vote to certify the EIR would need to be rescinded if the Board chooses not to approve the project, and he advised that the action would not need to be rescinded. Ayes: Balmain, Bibby, Parker, Pickard; Abstained: Stetson. Discussion was held relative to approving the Specific Plan Amendment, including the 45-foot height versus the allowed 35-foot, change in the size of the parcel to be zoned Resort Commercial for the project, and the number of rooms – 125 versus 137. Staff responded to questions from the Board relative to the amount of acreage that would be necessary to zone as Resort Commercial for 125 rooms and for 137 rooms and the location; whether the height limit would affect the density; 3 relative to open space; relative to the number of cabins that would be allowed; and relative to the affect “performance” and “bubble” zoning would have. Supervisor Pickard expressed concern with the proposed amendment and stated he supports the community’s desire to retain the 35-foot height limit and he supports the 125 rooms. Supervisor Stetson noted that a great many people support this project; however, in listening to the citizens of Fish Camp, he feels the ten objectives of the Specific Plan should be honored; and he stated he cannot support this project. Further discussion was held. Staff responded to questions from the Board relative to providing water and sewer services; whether prohibiting development in the Big Creek flood zone is covered; relative to the portion of the project the existing nine acres of Resort Commercial would accommodate; and whether a parking district could be established. The Chairman polled the Board members to determine support for the 35 and 45-foot height and for the 125 and 137 number of rooms and the related increase in Resort Commercially zoned acreage. Board members concurred that the parking should be in the back of the project. Eric responded to questions from the Board relative to the 20-dedicated employee rooms and what those consists of. The majority of the Board members agreed with the 45-foot height and with 137 rooms with approximately 15.75 Resort Commercial acreage. Eric responded to questions from the Board relative to the reduction in the number of cabins that would occur as a result of the increase in the Resort Commercial acreage; whether any of the changes discussed would affect the EIR or the findings; and relative to the other proposed amendments to the Specific Plan. Eric advised that because this is a Planned Development overlay, the Board has the option to set different standards than the 5,000 square foot currently required, and that could reduce the size of the acreage. Supervisor Parker requested that this be presented as an alternative option when the project is brought back for final action. Attorney Abbott provided input relative to the flexibility on the size of the acreage and stated they could prepare an option for this without increasing the cabin area. Discussion was held relative to approving the Zoning Amendment, and Eric advised that this is a mirror of the Specific Plan Amendment. The Board concurred with giving the same direction as given for the Specific Plan Amendment. Discussion was held relative to the Use Permit. Eric responded to questions from the Board relative to housing options and clarifying what the units will be all about and whether they will serve employees in the Fish Camp area; and whether they will be living units or dorms. Attorney Abbott advised that there are statutory requirements for housing, and he advised that they could get input from the applicant relative to the parameters; however, staff usually does not set them. Supervisor Bibby asked that the language for the fair market rent for six months to allow for turnover in the housing be clarified. Eric responded to additional questions from the Board relative to the location of the employee housing; and whether some of the hotel rooms would be available for emergency employee housing. Eric provided a reminder of CalTrans’ request to be the monitoring agent for condition No. 66/monitoring by an archeologist during the initial grading and construction activities for the access and existing roads. Eric responded to a question from the Board relative to condition No. 55 regarding the left-turn lane. Discussion was held relative to the Planned Development Permit. Eric advised that there were minor changes in the conditions and they are the same as in the Use Permit. Supervisor Pickard noted that he stills supports the 35-foot height and the 125 rooms. Discussion was held relative to the Land Division Application. Eric responded to questions from the Board relative to the cabins; water and waste water service; and road maintenance. Eric requested a recess to allow staff time to recap the actions/directions of the Board for bringing the matter back for final action. 3:57 p.m. Recess 4:45 p.m. Eric reviewed the proposed motion of intent to approve the project based on the direction given by the Board, and advised that direction could be given to staff to prepare final documents for action at a future meeting. Further discussion was held relative to the height limit and the number of rooms; and relative to aesthetics with parking in the front versus the rear of the project. Eric advised that a larger footprint could be allowed and it could be specified that the parking remain in the rear. 4:55 p.m. Recess 4:59 p.m. Further discussion was held. Eric advised that a revised site plan would need to come back to the Board if the Board chose the 35-foot height limit with the layout of the 45-foot plan to have the parking in the rear. Eric responded to questions from the Board relative to revising the footprint and whether it would affect the environmental work for the project; and he advised of options and advised that he could present more information when the matter comes back for final action. Gene Smith advised that taking environmental concerns into consideration, there could be trade-offs for grading and topographical impacts for the aesthetic impact of having a 45-foot structure. Attorney Abbott responded to questions from the Board and advised that the environmental documentation and staff report and findings in the package are for 137 rooms and 45-foot height. He advised that under the Building Code for a Planned Development project, there would need to be a site plan for the 35-foot height if that is what the Board determines is appropriate. He stated that if the Board concurs with 137 rooms and 35-foot height, it should direct staff to generate an alternative site plan for conformity with the environmental analysis. (M)Balmain, (S)Parker, Res. No. 03-397 was adopted approving the following motion of intent for the SilverTip Resort - approve Specific Plan Amendment, approve rezoning Amendment, approve Planned Development Permit and Use Permit, and approve the Land Division application, all subject to the following changes: 15.73 acres of Resort Commercial; 29.07 acres of Residential 1-Acre; 137 rooms in the hotel; 30 cabins with transient occupancy certificates; 45- foot height for the hotel; employee housing with rent restrictions for 20 employees, with clarification on preference for the employees and rent management formula for employee affordability; and direction was given to staff to return to the Board on December 2, 2003, at 2:00 p.m. with final documents for adoption, including a redline and strikethrough set for each alternative, including CEQA findings and a Mitigation Monitoring Program. Further discussion was held relative to the number of rooms. Eric clarified that the original request contained 137 rooms. Ayes: Balmain, Bibby, Parker; Noes: Stetson, Pickard. The matter was continued to December 2, 2003, at 2:00 p.m. for final action on the project. Chairman Pickard announced that direction was given to staff as a result of the Closed Session that was held earlier this date. INFORMATION: – No action was necessary on the following: Information Hearing Schedule (Clerk of the Board) CONSENT AGENDA: CA-1 Appoint Lee Shackelton as a Member, and Tom Phillips as an Alternate, to the Mariposa County Historic Sites and Records Preservation Commission, Representing the Mariposa Museum and History Center, Inc. (Supervisor Parker) CA-2 Accept the Resignation of Linda Sinclair from the Tourism Advisory Council (Supervisor Parker) CA-3 Authorize Unallocating the Literacy Coordinator Position, Effective 11-30-03, as Additional Grant Funding is Not Available to Support the Read2Succeed Program (Librarian); Res. 03-391 CA-4 Authorize the Purchase of a Metal Building and Approve Budget Action Transferring Funds from the Building Contingency to Metal Building to Cover the Cost of the Building and the Materials to Construct the Building for the Building Department ($18,000) (4/5ths Vote Required) (Public Works Director); Res. 03-393 CA-5 Authorize the Public Works Director to Award the Bid for Installing Six Monitoring Wells in Yosemite West to the Lowest Responsible Bidder, Yosemite Falls Welling Drilling, for the Amount of $35,400 (Public Works Director); Res. 03-392 5 CA-6 Approve Budget Action Transferring Funds Within the Yosemite West Maintenance (Water Division) from Contingency to Maintenance of Equipment to Cover the Cost of Rebuilding the Well House ($1,600) (4/5ths Vote Required) (Public Works Director); Res. 03-394 5:26 p.m. The Board continued the meeting to Thursday, November 6, 2003, at 1:00 p.m. for a Closed Session to conduct interviews for the County Counsel position, and the Board recessed in the memory of the following: Chris Hayes and Lucille Wilson. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA November 6, 2003 (Meeting Continued from 11-4-03) 1:03 p.m. The Board met in continued meeting from November 4, 2003 CLOSED SESSION: Matter Relating to Public Employee Employment, Conduct Interviews for County Counsel Position (County Administrative Officer) BOARD ACTION: The Board convened in closed session. 5:10 p.m. Adjournment Respectfully submitted, MARGIE WILLIAMS Clerk of the Board MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA November 6, 2003 (Meeting Continued from 11-4-03) 1:03 p.m. The Board met in continued meeting from November 4, 2003 CLOSED SESSION: Matter Relating to Public Employee Employment, Conduct Interviews for County Counsel Position (County Administrative Officer) BOARD ACTION: The Board convened in closed session. 5:10 p.m. Adjournment Respectfully submitted, MARGIE WILLIAMS Clerk of the Board MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA November 18, 2003 Time Description 9:05 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Introductions Public Presentations: For Non-Timed Agenda Items including Attention, Information, and Consent Agenda, and for Items Not on the Agenda - Gwen Foster asked for the Board’s support and attendance at the Mariposa County Employees and Guest End of the Year Celebration scheduled for December 12th. She asked that the Board consider contributing $500 and a raffle prize of a vacation day or two. She also noted that each department is being asked to provide a basket or wreath for a centerpiece and the centerpieces will be used in the raffle. - Gail Neal, Chief Probation Officer, provided a status report on the community services program, and introduced the supervisors: Bill Nance and Cathy Wallace. She also advised of a letter received from Rich Begley/PWD-Deputy Director of Parks and Recreation, thanking them for their work on the Mariposa Creek Parkway. She thanked the Board for funding this program. Board Information - Supervisor Balmain advised that he attended a public meeting on November 12th with the Groveland Ranger District relative to the Larsen/Anderson Valley area reforestation project. - Supervisor Bibby advised that she attended the Mother Lode Job Training Board meeting and they are planning to eliminate a position in the Mariposa office. She also advised that there was a rabies clinic held on Saturday, and she thanked everyone for their participation and assistance. She advised that the Catheys Valley Town Planning Area Planning Advisory Committee is scheduled to meet this evening at McCay Hall, and they will take input on the proposed Catheys Valley Plan. - Supervisor Stetson advised that he plans to attend the California State Association of Counties (CSAC) Conference in Monterey this week. - Supervisor Pickard advised that he attended an oversight committee meeting last week relative to the noxious weeds. He advised that he attended the Yosemite/Sequoia Resource Conservation and Development meeting that was held at the Chukchansi Casino, and they are moving forward on the agri-niche tourism. Chairman Pickard announced that as a result of the closed session held on November 6, 2003, (continued meeting from November 4th) that direction was given to staff. Approval of Minutes from 10-14-03, Regular Meeting (Approval Continued from 11-04-03) Approval of Minutes from 10-21-03, Regular Meeting Approval of Minutes from 10-28-03, Regular Meeting BOARD ACTION: Approved Approval of the Consent Agenda (See End of the Minutes) BOARD ACTION: Supervisor Stetson pulled item 1. Supervisor Bibby pulled items 11 and 15. (M)Stetson, (S)Bibby, the balance of the items were approved/Ayes: Unanimous. Supervisor Stetson initiated discussion relative to item 1, and he asked whether equipment could be purchased versus rented for the concert for the Sesquicentennial Celebration. Rich Inman, County Administrative Officer, and Susan Crain, Sesquicentennial Celebration Coordinator, provided input relative to the budget for the event. Supervisor Bibby initiated discussion relative to item 11, and she asked how long it would be before going to scanning equipment. Dana Hertfelder, Assistant Public Works Director, provided input. Supervisor Bibby asked about coordination with the Assessor’s Office. Supervisor Bibby initiated discussion relative to item 15. Dana Hertfelder and Joe Halencak/PWD-Fleet Superintendent, responded to the questions and provided input. (M)Stetson, (S)Parker, items 1, 11 and 15 were approved/Ayes: Unanimous. Rich Inman, County Administrative Officer; A) Approve the Transfer of the Catheys Valley Schoolhouse from the Catheys Valley Historical Society to the County of Mariposa and Authorize the Chair to Sign an Agreement between Catheys Valley Historical Society and the County of Mariposa BOARD ACTION: Discussion was held. Caroline Korn, Executive Director of the Catheys Valley Historical Society, provided information relative to the history of the schoolhouse, and she introduced members of the Catheys Valley Historical Society and volunteers that were present, and thanked everyone involved in the project for their efforts. (M)Bibby, (S)Parker, Res. 03-412 was adopted approving the recommended action. Following further discussion, the motion was amended, agreeable with the maker and second, to include a change in the agreement to clarify that the County will provide upkeep and maintenance for repairs which exceed $500 per project/Ayes: Unanimous. 9:46 a.m. Recess 9:58 a.m. B) Adopt a Resolution Authorizing the Assignment of County Vehicles for the Public Works and the District Attorney Departments (Continued From 11-04-03) BOARD ACTION: Rich Inman presented his recommendation, and discussion was held. Supervisor Balmain stated he feels the policy should include a condition that vehicles are not allowed to go out-of-County on a take-home basis. He also stated he feels that the vehicles should be parked in a secure location when they are taken home; especially those assigned to Public Works with tools. Bob Brown, District Attorney, advised that he has an understanding with the Sheriff, CHP and Fish and Game that the investigator in his department is available to assist, and he cited recent incidences where assistance was provided. (M)Parker, (S)Bibby, Res. 03-413 was adopted approving the assignment of County vehicles for Public Works as recommended by the County Administrative Officer. Further discussion was held. Supervisor Pickard suggested that an inventory of items assigned to each vehicle be required and monitored. Dana Hertfelder, Assistant Public Works Director, responded to questions relative to the assignment of call-outs. Rich Inman stated he would further review the inventory and parking location security issues. Ayes: Unanimous. (M)Balmain, (S)Bibby, Res. 03-414 was adopted authorizing the investigator in the District Attorney’s Office to take the vehicle home/Ayes: Stetson, Balmain, Bibby, Pickard; Noes: Parker. Jeff Green, County Counsel; A) Waive First Reading and Introduce an Ordinance Amending Section 2.08.020 Consolidating the Offices of Sheriff, Coroner, and Public Administrator; Rescinding Chapter 2.28 of the County Code, as it has been Superceded with Job Descriptions and Memorandums of Understanding with Bargaining Units; Rescinding Chapter 2.32 of the County Code, due to the State of California Consolidating the Justice Court with the Superior Court; Amending Chapter 2.76 of the County Code, to be Consistent with the Current Policies and Procedures of County Vehicle Use; and Amending L. in Section 3.56.020 of the County Code, to Make this Section Consistent with the Board’s Previous Action to Rescind the Mariposa County Redevelopment Agency BOARD ACTION: Following discussion, (M)Balmain, (S)Parker, first reading was waived and the Ordinance was introduced/Ayes: Unanimous. B) Adopt a Resolution Authorizing the Chair to Sign an Agreement between Olive Pool and the Mariposa County Pioneer Wagon Train, Inc., Allowing the Wagon Train to make an Additional Overnight Stop During the Annual Mariposa County Wagon Train Event BOARD ACTION: Following discussion, (M)Parker, (S)Stetson, Res. 03-415 was adopted/Ayes: Unanimous. Ken Hawkins, Auditor; Approve Five-Year Contract with Smith and Newell, Certified Public Accountants, to do the Annual Countywide Audit as Prescribed by State Law BOARD ACTION: (M)Balmain, (S)Bibby, Res. 03-416 was adopted/Ayes: Unanimous. 10:28 a.m. Recess 10:42 a.m. Approve Budget Action Reducing General Contingency for the Relocation Costs of Moving the Methodist Church Fellowship Hall on 6th Street to Christian Science Society Property on 4th Street to be Utilized as a Community Facility (4/5ths Vote Required) ($18,000) (Supervisor Parker) BOARD ATION: Supervisor Parker initiated discussion. Input was provided by the following: - Cameron Burley, Co-Chair of the Building Committee for the Methodist Church, provided input relative to the history of the building. - Bob Mullen, Christian Science Society, stated they are grateful for receiving the building and they want to make the community proud of this project. He noted they plan to restore the Hall and place it beside the original Church. (M)Parker, (S)Bibby, Res. 03-417 was adopted approving the budget action, with direction for County Counsel to prepare an agreement between the County and the Methodist Church for the new Hall to be used as a community facility/Ayes: Unanimous. Lee Miller, Co-Chair of the Building Committee for the Methodist Church, stated they have prepared a policy statement pledging the community’s use of the new building. 10:48 a.m. Sarah Williams, Deputy Planning Director, appeared on behalf of Eric Toll, Planning Director; A) PUBLIC HEARING to Consider General Plan/Zoning Amendment No. 2003-154 for Gary Balmain, Applicant to Change the General Plan Land Use Map and County Zoning Map by Changing the Zoning Designation of a 10.78 Acre Parcel (APN: 3-040-014) from the Mountain Home (MH - 5 Acre Minimum Parcel Size) to the Mountain General (MG – 40 Acre Minimum Parcel Size); and to Apply the Timber Exclusive Overlay Zone over this Parcel and a 160 Acre Parcel (APN: 03-010-016) that is Located Adjacent and South of the 10.78 Acre Parcel. Requested Board Action Includes the Adoption of a Resolution and Waiving of the First Reading and Introduction of an Ordinance Approving the Change in Zoning BOARD ACTION: Supervisor Balmain advised that since his son is the applicant for this project, he is excusing himself from participating in this hearing, and he joined the audience. Sarah Williams introduced the project, and Bill King, Senior Planner, presented the staff report, and he advised of the lot line adjustment that was approved as a part of this project. Staff responded to questions from the Board relative to the timber stocking standards and the current inventory; relative to the nexus for the overlay and the zoning of the 171 acres; and what would happen if the timber stocking standards are not met, especially relative to the tax payments. The public portion of the hearing was opened. There was no public input. The public portion of the hearing was closed and the Board commenced with deliberations. Staff responded to a question from the Board as to whether the parcels should be merged if there is a question relative to each parcel being able to meet the timber stocking standards. Supervisor Bibby asked if the Assessor’s Office had anything to add to this discussion; and Becky Crafts, Supervising Appraiser, said there was nothing to add. Discussion was held relative to directing staff to obtain additional information from the Forester prior to the second reading of the Ordinance, or whether to place conditions in the Ordinance as to whether each parcel would stand on its own or whether it is the whole of the property that meets the timber stocking standards. (M)Parker, (S)Stetson, Res. 03-418 was adopted adopting a Notice of Exemption and approving General Plan/Zoning Amendment No. 2003-154; and first reading was waived and an Ordinance introduced approving a change in the Official County Zoning Map in accordance with the General Plan Amendment; and with direction given to staff to obtain additional information from the Forester as to whether each parcel would stand on its own or whether it is the whole of the property that meets the timber stocking standards. Staff responded to an additional question from the Board as to whether today’s standards or standards that may be required in five years would be imposed if it is determined that the requirements are not met in five years. Ayes: Stetson, Bibby, Parker, Pickard; Excused: Balmain. The hearing was closed. 11:08 a.m. Supervisor Balmain rejoined the Board. B) PUBLIC HEARING Relative to Considering Approving and Adopting a Resolution Approving Agricultural Preserve Application Nos. #2003-105 for Mabel L. Cree, Applicant; #2003-181 for Ronald Enos, Applicant; #2003-195 for Frank Berlogar, Applicant; and #2003- 207 for Russell M. Bryson, Applicant with the Respective Findings and Conditions Set Forth in Planning Commission Resolution Nos. 2003-044, 045, 046, and 047 and Authorizing the Chair to Sign the Williamson Act Contracts BOARD ACTION: Bill King, Senior Planner, presented the staff report. Sarah Williams and Bill King responded to questions from the Board relative to requirements for Agricultural Preserve applications; relative to portions of the Bryson and Berlogar properties that are in a separate Williamson Act agreement; relative to historic parcels and applications; relative to requirement for individual parcels to continue to be a viable agricultural use; statement relative to merger of the Berlogar parcels to create a single unit; whether further subdivision of the parcels could occur; and relative to provisions for conveyance of land, less than 100 acres, to family members. Sarah Williams advised that the Agricultural Advisory Committee is reviewing issues that have been raised and the Committee plans to come back with recommendations. The public portion of the hearing was opened and input was provided by the following: - Don Starchman, Starchman Law Offices, representing Frank Berlogar, advised that each of the parcels meet the requirements of the Agriculture Exclusive Zone and the Williamson Act. He commented on questions relative to the merger language and the underlying historic parcels and Subdivision Map Act requirements. The public portion of the hearing was closed and the Board commenced with deliberations. (M)Parker, (S)Bibby, Res. 03-419 was adopted approving the Agricultural Preserve applications as recommended/Ayes: Unanimous. The hearing was closed. C) Adopt a Resolution Affirming the Composition, Areas of Responsibility, and Mission of the Catheys Valley Planning Advisory Committee; and Rescinding Prior Catheys Valley Planning Advisory Committee Resolutions BOARD ACTION: Discussion was held with Sarah Williams, Deputy Planning Director, relative to the size of the planning area and references to the General Plan Update, and having consistent wording in the resolutions for the planning areas. Supervisor Bibby provided input and invited the Board members to attend their meeting this evening. Don Starchman, representing Bob Benson, referred to the letter that Mr. Benson previously submitted; and he stated that he feels that if his property is included in the planning area, it will be a change of philosophy. He stated he agrees with having consistent wording like was used in the resolution for Greeley Hill and Midpines. He stated he has no problem with the highway frontage portion being included, but he does not feel the whole parcel, working ranch, should be included in the planning area. He noted that Cathie Adams was given an option of whether or not to be included in the town planning area. He also noted that at one of the first meetings relative to the General Plan Update that when the Planning Director’s recommendation was discussed for different areas, the Board wanted to stay with countywide rules. He referred to the General Plan and a statement in the first revision that he feels is important, relative to this being one county; and he stated he feels it was not the intent of the original General Plan or the Catheys Valley Town Planning Area Advisory Committee to have a separate set of rules for Agriculture Exclusive. Bob Rudzik commented on his involvement in this process, and the direction he heard from the Board four years ago and the direction of the Planning Commission. The Board concurred with having staff revise the resolution so that it is consistent with the other resolutions and delete reference to the General Plan Update, and with bringing it back. Supervisor Balmain requested that staff distribute the Committee’s minutes from its last meeting to the Board members, and he expressed concern with the proposed boundary for the planning area. Supervisor Bibby requested that staff send the Committee’s minutes to the Board members in the future. Approve the Construction of a Barbeque in the Government Center Plaza for a Cost Not to Exceed $1,000 and Approve Budget Action Transferring Funds from the General Contingency to the Board of Supervisors Budget ($1,000) (4/5ths Vote Required) (County Administrative Officer) BOARD ACTION: Following discussion, (M)Bibby, (S)Parker, Res. 03-420 was adopted/Ayes: Unanimous. Discussion and Direction to Staff Relative to Proceeding with Re-Publicizing the Grazing Lease for the Lake Don Pedro 1M Property for a Three Year Period (County Counsel) (Complete Appraisal – Summary Report is Available for Review at the Clerk of the Board’s Office) BOARD ACTION: (M)Parker, (S)Bibby, Res. 03-421 was adopted/Ayes: Unanimous. 12:18 p.m. CLOSED SESSION: Conference with Legal Counsel Relative to Anticipated Litigation for a Case Pursuant to Subdivision (b) of Government Code Section 54956.9 (Continued from 11-04-03) (County Counsel); CLOSED SESSION: To Discuss Filling the County Counsel Position (County Administrative Officer); and CLOSED SESSION: Regarding Conference with County Labor Negotiator Relative to SEIU Local 250 Representing In-Home Supportive Service (IHSS) Providers (County Administrative Officer) BOARD ACTION: (M)Parker, (S)Bibby, the closed sessions were held, with the following persons present for a portion of the session: Joseph Lepara/Liebert, Cassidy &Whitmore; Nancy Bell/Deputy Director Social Services; and Mary Hodson/Administrative Analyst/Ayes: Unanimous. 1:50 p.m. Lunch 2:11 p.m. Chairman Pickard announced that direction was given to staff as a result of the closed sessions. Dana Hertfelder, Assistant Public Works Director, appeared on behalf of Jim Petropulos, Public Works Director; A) Approve the Use of the Midpines Community Center for Church Services for the Midpines Bible Church BOARD ACTION: Discussion was held with Dana Hertfelder relative to the request, and he advised that the Church is trying to find a place that is more suitable. Rich Begley/Deputy Director of Parks and Recreation, noted that a request for this type of use requires Board approval pursuant to the Facility Use Policy. Discussion was held relative to limiting the use to six months and the hours to 9 to 12, especially if there is a request for an afternoon use of the facility, and relative to utility costs. Jeff Green, County Counsel, advised that proof of liability insurance is necessary. (M)Stetson, (S)Balmain, Res. 03-422 was adopted approving the lease as discussed, subject to the agreement being approved by County Counsel/Ayes: Unanimous. 2:21 p.m. Supervisor Bibby left the room for the following item as the property owner is a relative. B) Adopt a Resolution Authorizing the County to Pay a Portion of the Costs Associated with the Removal of an Underground Storage Tank Located at 2916 Bear Valley Road in Hornitos ($8,898) BOARD ACTION: (M)Parker, (S)Stetson, Res. 03-423 was adopted/Ayes: Stetson, Balmain, Parker, Pickard; Excused: Bibby. 2:23 p.m. Supervisor Bibby rejoined the Board. CONSENT AGENDA: CA-1 Approve Expenditure of $9,000 for Concert by Sons of the San Joaquin for Sesquicentennial Celebration on Saturday, July 10, 2004 and Authorize the County Administrative Officer to Negotiate and Execute Agreements for Entertainment, and Other Staging Requirements (County Administrative Officer); Res. 03-410 CA-2 Authorize the Chair to Sign an Order of the Board to Reject Claim No. C03-10 for an Undisclosed Amount (County Counsel); Res. 03-399 CA-3 Reappoint Carla Shelton to the Local Child Care Planning Council (Supervisor Pickard) CA-4 Adopt a Resolution Approving Statement of All Votes Cast as Certified to the Secretary of the State on October 30, 2003 (Elections); Res. 03-400 CA-5 Authorize the Chair to Sign a Letter of Support to CalTrans Approving the Detour of Traffic from State Routes to Utilize the Mariposa County Roadways for the Duration of the Merry Mountain Christmas Parade Sponsored by the Mariposa County Chamber of Commerce on December 13, 2003 (Tourism & Economic Development); Res. 03-401 CA-6 Authorize the Chair to Sign a Letter of Support for the Mariposa County Chamber of Commerce to Include with their Application to CalTrans regarding the Display of the Holiday Banners on the Existing Power Poles along Highway 140, from December 12, 2003 through January 2, 2004 (Tourism & Economic Development); Res. 03-402 CA-7 Approve Budget Action Transferring Funds within the Technical Services Budget from Software to Maintenance Equipment for IBM Maintenance and Support for the AS400 ($3,854) (Technical Services Director); Res. 03-403 CA-8 Approve Budget Action Transferring Funds within Probation’s Budget from Senior Office Assistant’s Salary to Probation Services/Training and Seminars ($2,800) (Chief Probation Officer); Res. 03-404 CA-9 Approve Budget Action Increasing the Emergency Planning Grant by $5,604 and Approve Budget Action Allocating the Funds to Extra Help within the Fire Department’s Budget (4/5ths Vote Required) (Fire Chief); Res. 03-405 CA-10 Waive Second Reading and Adopt an Ordinance Amending Zoning Map and Zoning Ordinance Text in Accordance with Specific Plan/Zoning Amendment No. 2002- 371. The Project Proposes a Specific Plan Land Use and Zoning Designation Map Amendment, to Change the Land Use and Zoning Designation of Certain Parcels in the Mariposa Courthouse Area to Professional Office. The Project also Proposes a Text Amendment to Add Art Studios to the list of Conditionally Permitted Uses in the Professional Office Land Use and Zoning Designation; County of Mariposa, Project Proponent (Planning Director); Ord. CA-11 Adopt a Resolution Authorizing the Replacement of a Microfiche Reader for the Public Works Engineering/Roads Division and Approve Budget Action Transferring Funds within the Public Works Budget from Software to Fixed Assets for the Purchase of Said Item ($3,500) (Public Works Director); Res. 03-411 CA-12 Authorize Public Works/Fleet Services to Waive the Formal Bid Process to Purchase a 2004 Toyota Prius Hybrid Vehicle in the Amount of $22,000 from the State Bid List on behalf of the Health Department and Approve Budget Action Increasing Revenue and Appropriations from the Grant received by the Health Department to Purchase the Clean Air Vehicle ($22,000) (4/5ths Vote Required) (Public Works Director); Res. 03-406 CA-13 Authorize the Acceptance of a Portion of Cuneo Road and Stout Lane into the County Maintained Road System in Exchange for the Previous Closure and Abandonment of a Portion of Hayward Road (Public Works Director); Res. 03-407 CA-14 Approve Plans and Specifications for the Remodel of the Rock House; Authorize Public Works to Advertise and Award the Necessary Contracts to Complete the Work at an amount Not to Exceed the Cost of $119,000 (Public Works Director); Res. 03-408 CA-15 Authorize Public Works/Fleet Services to Purchase a 1995 Peterbilt Water Truck at a Cost of $53,924 Using Funds Currently Budgeted in the Heavy Equipment Replacement Fund #704 (Public Works Director); Res. 03-398 CA-16 Adopt a Resolution Authorizing Reduced Funding in the amount of $27,650 through the Governor’s Office of Criminal Justice Planning (OCJP) for the Mariposa County District Attorney Statutory Rape Vertical Prosecution Program 2003/2004 Grant Year and Approve Budget Action Transferring Funds within the District Attorney’s Budget to Cover the Remaining Funds Necessary ($19,000) (4/5ths Vote Required) (District Attorney); Res. 03-409 2:24 p.m. Adjournment in memory of Nettie Lucille Kay, Bill Denton, Helen Fowler, and Millie Wolslayer. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA November 25, 2003 Time Description 9:10 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Introductions – Rich Inman, County Administrative Officer, advised that as a result of the interviews held for the County Counsel position, that an appointment is scheduled for December 2nd on the agenda. Chairman Pickard introduced Tom Guarino, the new County Counsel. Tom introduced his wife, Carrie, and their children: Thomas, Rachel, and Jessica. Public Presentations: For Non-Timed Agenda Items including Attention, Information, and Consent Agenda, and for Items Not on the Agenda - Tony Landen, SEIU 250 representing the home care workers, asked about the status of the In-Home Supportive Services Ordinance, and stated they hope it can be scheduled quickly. Board Information - Supervisor Stetson advised that he attended the California State Association of Counties Conference in Monterey, and advised of major issues that were discussed. - Supervisor Pickard advised that he attended the California Invasive Weed Coalition on Friday and they discussed legislation to pursue funding. Approval of Minutes from 11-04-03, Regular Meeting; and Approval of Minutes from 11-06-03, Continued Regular Meeting (From 11-04-03) BOARD ACTION: Approved Approval of the Consent Agenda (See End of the Minutes) BOARD ACTION: Supervisor Pickard pulled item 2. Supervisor Balmain pulled item 1 for comment. Supervisor Stetson pulled items 3, 4 and 5 for comment. Supervisor Balmain advised of a typographical error on item 1. Supervisors Pickard and Balmain initiated discussion relative to item 2, and expressed concern that there was no notification or justification received from the State relative to this rate increase; thus, local governments were unable to anticipate and budget for the costs that get passed on to the citizens. It was requested that a letter be sent with the payment, and copied to our legislators. Supervisor Bibby requested that the letter include the pond fee issue. Supervisor Stetson suggested the letter question what the increase in service would be to the districts and the costs involved. Jim Petropulos, Public Works Director, noted that the rates were raised last year, also. Supervisor Stetson asked about the process for items 3, 4 and 5. (M)Balmain, (S)Parker, all items, except item 2, were approved/Ayes: Unanimous. (M)Bibby, (S)Balmain, to approve item 2, with direction to staff to prepare a letter as discussed, failed by the following vote – Ayes: Stetson, Bibby, Pickard; Noes: Balmain, Parker (4/5ths vote was required). Supervisor Parker requested that this vote/action be reflected in the letter submitted with the payment. Following further discussion, Supervisors Stetson and Pickard changed their votes to “No”. (M)Balmain, (S)Bibby, item 2 was approved, with direction to staff to prepare a letter as discussed, including the fact that this rate increase creates a hardship on the citizens that pay these fees/Ayes: Unanimous. 9:37 a.m. LOCAL TRANSPORTATION COMMISSION Jim Petropulos, Public Works Director; CalTrans Project Update Relative to Darrah Road Intersection; Smith Road Intersection; Four- Way Stop Statistics; and Miscellaneous Maintenance Projects COMMISSION ACTION: Jim Petropulos advised that Jane Perez and Annette Clark/CalTrans were present to give an update on the status of various projects. Jane reviewed the status of the following projects: - Darrah Road/Highway 49 South intersection – design and environmental studies are being completed and it will be about three years before construction. Because it is a safety project, it should not be impacted by the budget situation. - Highway 49/140 four-way stop – they do not have any statistics yet; however, maintenance monitored the intersection over Labor Day and no significant issues have been identified. She advised that the signal light plans have been deferred indefinitely. - Smith Road intersection – they are still trying to keep it a safety project, but the design is getting costly. - Recessed markers on Highway 49 South (from Madera County line toward town) – the project is in the Office of Engineers being prepared for bid, with an estimate construction date of June, 2004. Commissioner Bibby asked about the status of Highway 140 from Catheys Valley to town, and Jane advised that she would check. Jane advised of staffing changes in the CalTrans district office; and she reviewed the budget shortfall impacts; and she advised that they are accepting applications for grants for federal dollars in their planning office. Commissioner Parker asked about the status of the Old Highway bridge project and the Commission’s previous request to be able to redirect the funding set aside for this project. Jim Petropulos advised that funds were expended on design and environmental work for the project. Discussion was held. Commissioner Parker requested that the Commission schedule discussion on this matter before the end of this year, and review the previous actions taken. Jane advised that she will include this issue in the December 11th meeting with CalTrans management. Relative to the possible grant application for federal funding, Jim suggested that consideration be given to applying for a planning grant for the Highway 49 intersections study. 10:07 a.m. The public hearing to consider the solid waste tip fee increase was opened and continued to after the recess. 10:08 a.m. Recess 10:27 a.m. Jim Petropulos, Public Works Director; A) PUBLIC HEARING to Consider and Approve an Increase to the Solid Waste Tip Fee from $64 Per Ton to $70 Per Ton in Order to Cover the Increased Costs for the Operations of the Landfill, Composting Facility, and Associated United States Department of Agriculture (USDA) Loan Debt Service BOARD ACTION: Jim Petropulos presented the staff report. Jim and Steve Engfer, PWD/Solid Waste Manager, responded to questions from the Board relative to impacts on the residential rates. The public portion of the hearing was opened and input was provided by the following: - Fred Youngren, Operations Manager for Total Waste Systems of Mariposa, stated he understands the need for the fee increase; however, he feels they and Yosemite Concession Services should have received better notification. The public portion of the hearing was closed and the Board commenced with deliberations. Staff responded to questions from the Board relative to notification to Total Waste and Yosemite Concession Services; relative to consideration of awarding the commercial rate payers for separating the recyclable items; timeframes for implementing the fee increase; and change of tonnage to cubic yardage issues with the fee structure. Rich Inman, County Administrative Officer, responded to a question from the Board relative to the timeframes for implementing the increase to satisfy the USDA requirements for the compost project. (M)Parker, (S)Balmain, Res. 03-429 was adopted approving the increase as recommended, effective December 1, 2003. Jeff Green, County Counsel, responded to a question from the Board relative to the contractor passing the rate increase to the customer and the provision in the contract. Staff responded to questions from the Board relative to the status of receiving information from Total Waste relative to their cost of providing service in Wawona, and clarified that this action only allows Total Waste to pass on the cost of the tip fee and not the operation costs to the customer. Ayes: Unanimous. Following further discussion, (M)Balmain, (S)Parker, direction was given to require Total Waste to justify the portion of their fee that is the tip fee prior to any increase in their rates for their customers. Fred Youngren commented on their rates. Ayes: Unanimous. The hearing was closed. B) Adopt a Resolution by the Board of Supervisors of the County of Mariposa, Approving, Authorizing and Directing Execution of Certain Installment Sale Financing Documents, and Authorizing and Directing Related Actions for the Composting Project BOARD ACTION: Discussion was held with Jim Petropulos, and it was noted that there are typographical errors that need to be corrected in the documents. (M)Parker, (S)Balmain, Res. 03-430 was adopted as recommended, subject to final review by County Counsel/Ayes: Unanimous. C) Approve Budget Action Transferring Funds from General Fund Contingency to Facilities Maintenance Fixed Assets to Replace a Failing Pump at the Catheys Valley Park ($4,500) (4/5ths Vote Required) BOARD ACTION: Discussion was held, and Jim Petropulos advised of the option of transferring funds within the Facility Maintenance budget to cover the costs. Rich Inman, County Administrative Officer, recommended that the funds be taken from the Facility Maintenance budget. (M)Bibby, (S)Parker, Res. 03-431 was adopted transferring funds within the Facility Maintenance budget as recommended by the County Administrative Officer/Ayes: Unanimous. 11:15 a.m. MARIPOSA COUNTY PUBLIC FINANCING CORPORATION Jim Petropulos, Public Works Director; Adopt a Resolution by the Board of Directors of the County of Mariposa Public Financing Authority, Approving, Authorizing, and Directing Execution of Certain Installment Sale Financing Documents, and Authorizing and Directing Related Actions for the Composting Project CORPORATION ACTION: Discussion was held with Jim Petropulos. (M)Balmain, (S)Stetson, Public Financing Auth. Res. 03-1 was adopted/Ayes: Unanimous. 11:17 a.m. CLOSED SESSION: Regarding Conference with County Labor Negotiator Relative to SEIU Local 250 Representing In-Home Supportive Service (IHSS) Providers (Continued from 11-18-03) (County Administrative Officer); and CLOSED SESSION: Conference with Legal Counsel Relative to Anticipated Litigation for a Case Pursuant to Subdivision (b) of Government Code Section 54956.9 (Continued from 11-18- 03) (County Counsel) BOARD ACTION: (M)Bibby, (S)Parker, the closed sessions were held following a short recess, with the Human Services Director present for a portion of the session/Ayes: Unanimous. 11:53 a.m. Lunch 2:11 p.m. Chairman Pickard announced that direction was given to staff as a result of the closed session matters. Eric Toll, Planning Director General Plan Workshop Relative to the 2003 Update to the County of Mariposa Housing Element BOARD ACTION: Eric Toll provided input relative to the State’s approval process; and he advised that the Element needs to be updated every five years, and the current update needs to be adopted by December 31, 2003. He also noted that changes requested by the State to the Planning Commission’s version is shown on the draft in red and double underline. The Board reviewed the following sections, and the Chairman called for input from the public on each section.