Mariposa County Board of Supervisors Conformed Agenda October 3, 2006 Time Description

Comments 10

• CO1
  Evaluate the effectiveness of tripling the average daily traffic standard/Section 5.4.02 F. Intensity
• CO2
  consider the use of “carrying capacity” and establishing the minimum density criteria for each land use classification
• CO3
  conduct ground water study similar to the ground water studies conducted in Eastern Fresno County
• CO4
  (M)Bibby, (S)Fritz, the balance of the items was approved/Ayes: Unanimous. Consent Agenda item 2 – upgrade of statewide computer system for Welfare and draft Consortium-IV Joint Powers Agreement. Following discussion, the matter was continued to later this date for discussion with the Human Services Director. Consent Agenda item 3 – application for State Aeronautics grant for the Airport for fire fighting system and electrical upgrade. Discussion was held with Dana Hertfelder, Public Works Director, relative to the cost estimate for the project; and he advised that he will come back to the Board for direction on the matching funds and for action to award the contract if the grant is approved. (M)Pickard, (S)Turpin, item 3 was approved/Ayes: Unanimous. Consent Agenda item 4 – allocation of an Administrative Analyst for the transportation planner function and budget action. Discussion was held with Dana Hertfelder, Public Works Director, relative to the request. Carl Casey, Public Works Administrator, responded to questions relative to the salary and reimbursement from the State. (M)Turpin, (S)Fritz, item 4 was approved/Ayes: Unanimous. Dr. Mosher, Health Officer; Approve an Agreement with the State of California for JRSA Bioterrorism Hospital Preparedness Grant in the Amount of $144,688, Authorize the Chairman of the Board of Supervisors to Sign the Agreement and Approve Budget Action Increasing Revenue and Appropriations in the HRSA Bioterrorism Fund ($144,000) (4/5ths Vote Required) BOARD ACTION: Discussion was held with Dr. Mosher relative the agreement, and he clarified that the amount is $144,688 versus the $144,000 shown on the agenda. Chairman Stetson called for input from the public and none was received. Dr. Mosher advised that they are starting the flu clinics this date. (M)Bibby, (S)Fritz, Res. 06-497 was adopted approving the agreement and budget action/Ayes: Unanimous. Dana Hertfelder, Public Works Director; Approve Contract with G&C Enterprises for Replacement of the Old Jail-Sheriff’s Dispatch Roof in the Amount of $69,949 and Authorize Budget Action Transferring Funds from the General Fund Contingency to Fund the Project and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (4/5ths Vote Required) BOARD ACTION: Discussion was held with Dana Hertfelder concerning the request. Input from the public was provided by the following: Ruth Catalan questioned the recommendation for the replacement of the roof. Paul Chapman asked if any consideration was given to putting a patch on the flat roof. Dana Hertfelder responded to the questions. (M)Fritz, (S)Pickard, Res. 06-498 was adopted/Ayes: Unanimous. Discussion and Possible Further Action Regarding Continuation of the Local Emergency Due to Landslides on Highway 140 Enroute to Yosemite National Park (County Counsel/Interim County Administrative Officer) BOARD ACTION: Chairman Stetson advised that Supervisor Pickard worked with him to help arrange a meeting that will occur in two weeks to begin the process for working toward a long-term fix. (M)Bibby, (S)Fritz, Res. 06-499 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. Discussion, Direction, and Possible Action Relative to Endorsing the Concept of a Consortium of County Counsel Attorney Fee Reduction Program (County Counsel) BOARD ACTION: Discussion was held with Thomas P. Guarino, County Counsel, relative to the request, the process, and concerns with impacts on County Counsel’s time. (M)Fritz, (S)Bibby, the Board concurred with County Counsel attending a meeting to obtain more information on the proposal and to report back to the Board/Ayes: Unanimous. 9:57 a.m. Recess 10:12 a.m. Cheryle Rutherford-Kelly, Human Services Director; PUBLIC HEARING – 1) Conduct a Public Hearing Regarding the Submission of a $162,162 Community Development Block Grant (CDBG) Application for 2006 to Fund Mother Lode Job Training for Low-Income Employment and Training Services; and 2) Approve the $162,162 2006 Community Development Block Grant (CDBG) Application to Request Funding from the State Department of Housing and Community Development of Housing and Community Development to Support these Community Programs; Authorize the Chairman of the Board of Supervisors to Sign Application BOARD ACTION: Cheryle Rutherford-Kelly presented the staff report; and she responded to questions from the Board relative to the status of receiving letters of support for the grant; and relative to concerns with the timeframes and process for the grant application and whether it would affect other County applications in the future if the process requirements are not met. Input from the public was provided by the following: Leann Hatton, Mother Lode Job Training, advised that she wrote the grant and attended the training and was advised that they would be docked points for not meeting all of the requirements, but it was recommended that they still submit the grant. 2 10-24-06 Paul Chapman asked about the effectiveness of the Mother Lode Job Training program, and he questioned why the program pays for car insurance for the participants. Gwen Nitta, One Stop Manager for Mother Lode Job Training, provided information on the number of clients they have served and their success and the vocational skills training. She advised that the cost of having automobile insurance is an issue for people to be able to get to work. She responded to questions from the Board relative to reimbursement for travel out of the County; relative to job placement; and relative to the grant application. The public portion of the hearing was closed and the Board commenced with deliberations. Cheryle Rutherford-Kelly responded to questions from the Board relative to the administration of the grant by the Community Action Agency and acceptance of the funds by the County; and she advised that this will come back to the Board for acceptance of the grant if it is awarded. She responded to additional questions from the County relative to the grant process and administration. (M)Pickard, (S)Bibby, Res. 06-500 was adopted authorizing submission of the grant application as requested/Ayes: Unanimous. The hearing was closed. Consent Agenda item 2 - upgrade of statewide computer system for Welfare and draft Consortium-IV Joint Powers Agreement (JPA). Discussion was held with Cheryle Rutherford-Kelly, Human Services Director, relative to this matter. Supervisor Pickard asked that information be provided relative to the Consortium-IV JPA and the CMSP program. Supervisor Turpin asked if the 40% membership requirement to have a quorum in the by-laws was correct. Thomas P. Guarino, County Counsel, advised that 40% has been used with very large organizations when it is difficult to get people together for meetings. Cheryle Rutherford-Kelly stated she wants to give County Counsel an opportunity to review all of the documents and to provide input. The Board concurred with referring this matter to County Counsel for review and for the matter to be brought back as a timed item. 10:44 a.m. Recess 10:45 a.m. Lee Stetson, Interim County Administrative Officer; PUBLIC HEARING – Design Phase to Develop Two Possible Planning and Technical Assistance Grant Applications to Submit to the State Community Development Block Grant Program for the Purpose of Developing a Drainage Study for the Town of Mariposa BOARD ACTION: Marilyn Lidyoff, Administration-Business Development Coordinator, presented the staff report and advised of the Housing and Community Development Department grant reporting requirements. She clarified that the request is for two grants: 1) $35,000 for the drainage study for the town of Mariposa; and 2) $35,000 to conduct the CEQA/NEPA process for both the towns of Mariposa and Coulterville for developing a drainage study. She responded to questions from the Board relative to the NEPA process and how long the CEQA/NEPA studies would be effective; relative to the status of budgeting for the County’s match; and as to the timelines. The public portion of the hearing was opened and input was provided by the following: Paul Chapman questioned the need to study drainage, and he stated he feels there are projects with a higher priority. Marilyn Lidyoff responded that the purpose of the study is to look at planning for the future. Supervisor Turpin noted that the results of the study can be used to qualify for funding for the projects. The public portion of the hearing was closed and the Board commenced with deliberations. Marilyn Lidyoff responded to questions from the Board relative to the cash match requirement. (M)Turpin, (S)Fritz, Res. 06-501 was adopted authorizing submission of the grant applications as requested/Ayes: Unanimous. The hearing was closed. CLOSED SESSION: Liability Claims: Claimant Name: Caron Cavalero; Claim Number: C06-13; Name of Agency Sued: JPA, A12AA, County of Mariposa, et al (County Counsel); and CLOSED SESSION: Liability Claims: Claimant Name: Timi Petersen Claim Number: C06-14; Name of Agency Sued: JPA, A12AA, County of Mariposa, et al (County Counsel) BOARD ACTION: County Counsel advised that these closed sessions were not needed. 3 10-24-06 11:03 a.m. CLOSED SESSION: Conference with Legal Counsel: Anticipated Litigation: Initiating of Litigation Pursuant to Subdivision (c) of Government Code Section 54956.9. County of Mariposa v. Total Waste Systems, Inc. (County Counsel); and CLOSED SESSION: Conference with County Labor Negotiator: Name of Employee Organization: SEIU (Service Employees International Union); Name of County Designated Representative: Rick Bolanos (Interim Budget/Personnel/Risk Manager) BOARD ACTION: (M)Bibby, (S)Pickard, the Closed Session for conference legal counsel was held at this time; and the Closed Session with County labor negotiator was held following lunch/Ayes: Unanimous. 11:25 a.m. – LUNCH 1:40 p.m. The Board reconvened in closed session. 2:21 p.m. The Board reconvened in open session. Chairman Stetson announced that direction was given to staff as a result of the closed session matters. Kris Schenk, Planning Director; A) PUBLIC HEARING – Land Conservation Act Contract Cancellation Application No. 2006- 268; County of Mariposa, Proponent. Request for Cancellation of a 3.5-acre Portion of a 40.01-acre Parcel within Williamson Act Contract No. 23; APN 001-260-033 Located at 2237 Ranchito Drive in Don Pedro Area. BOARD ACTION: Supervisor Fritz commended Sarah Williams for her written staff report on this matter. Sarah Williams, Deputy Planning Director, presented the staff report; and she presented suggested revisions to the draft formal resolution. The other Board members thanked staff for their work on this project. Sarah Williams responded to questions from the Board relative to the written correspondence received; relative to the process for the cancellation of a Land Conservation Act contract; relative to protest procedures; relative to the Agricultural Advisory Committee’s review of this matter; and relative to the number of service connections that the original wastewater system was designed for versus the actual number being served. Dana Hertfelder, Public Works Director, responded to questions from the Board relative to the need for the wastewater system project; review of land in the area for the system; and relative to decommissioning the old plant when the new system is operational. The public portion of the hearing was opened and input was provided by the following: Calvin Gile stated he is a homeowner and is concerned with the location of the plant – he feels it should be located on the other side of the 40-acre parcel. He advised that they never received any site plans and asked that the plant be moved further west. Dana Hertfelder responded to the concerns and advised that following review of the property by the environmental consultant, the decision was made to use the proposed location; and he advised of landscaping plans to minimize the aesthetic issues. Paul Chapman commented on the Board’s original purchase of land for this project that was under Williamson Act contract; and he stated he does not feel that the findings can be made for cancellation of the contract as there is land in the area that is not under contract. He feels the County has options to take the golf course area under eminent domain; wait for the Land Conservation Act contract to expire and build the plant in 20 years; or drop the idea of the plant and leave things as they are. Cathie Pierce, representing the Mariposa County Farm Bureau, commented on her visit to the property on October 12th. She advised that it was their understanding that this land would be kept in grazing; however, she did not observe any evidence of cattle being on the property since the County took ownership. She questioned why it is not being used for grazing. Supervisor Turpin noted that there were cattle on the property last year and that it is used annually for grazing. Cathie Pierce stated she feels that if the land is not going to be used for agriculture, that the contract should be cancelled for the whole parcel. She also stated she feels that there should be a complete paper trail of the history of this project in the package, including the letters from the State Department of Conservation, which help 4 10-24-06 to show how we got to this point. Sarah Williams responded that the staff report was written for the cancellation issue. Cathie Pierce stated she feels that ground could have been used for this project that was not in ag preserve; and that agriculture is paying a price for the County not being on the ball. She referred to the Department of Conservation letters. Calvin Gile advised that he saw cattle on the property this past spring; and he noted that the people living there made this choice for a wastewater treatment facility and they are paying for it. Chris Porter, Vice-President of Deerwood Corporation, advised that this project is essential and was approved by a vote of 87%. Dennis Bunning, speaking as an individual, noted that “influent” should be used in place of “effluent” in the formal resolution where it refers to the matter coming into the system. He stated he feels this will be a substandard plant at level 2 and should be a level 3. He suggested that consideration be given to placing the plant at the existing site and using the 80-acres for getting rid of the effluent. Dana Hertfelder responded to the concerns relative to the location of the plant and the type of plant that was selected. Cathie Pierce stated that, as a taxpayer, she feels that the entire County has paid for this ground. She noted that this cancellation was a compromise with the County, the Farm Bureau and the Department of Conservation; and they are not here in opposition to the cancellation, they are just making observations. The public portion of the hearing was closed and the Board commenced with deliberations. Supervisor Bibby asked that Public Works and the Assessor review and monitor the status of the use of the property for compliance with the Williamson Act contract. Becky Crafts, Assistant Assessor, responded to a question from the Board as to how the $35,000 valuation of the 3.5-acres was arrived at. Dana Hertfelder responded to questions from the Board relative to the landscaping plans for the project; and long-term maintenance. Supervisor Bibby stated she feels there are many issues that still need to be addressed concerning compliance with the Williamson Act contract; operation of the facility and what will happen if the State says that the effluent can no longer be sprayed on the land in the future; and what will happen at the end of the current grazing lease. Dana Hertfelder noted that it is rare for the State to come back and modify a plant’s operation after it is permitted. Supervisor Turpin clarified that both 40-acre parcels are under non-renewals of their Williamson Act contracts. (M)Turpin, (S)Pickard, Res. 06-502 was adopted, with the suggested revisions, granting tentative approval to the cancellation of the Land Conservation Act contract and directing staff to record appropriate notice with the County Recorder; making findings pursuant to State Law; establishing conditions to be met prior to final cancellation; and certifying to the County Auditor the amount of the cancellation fee that shall be paid to the County Treasurer upon cancellation; and direction was given for the landscaping plans to be carried out. The motion was amended, agreeable to the maker and second, to include direction for the previous letters from the Department of Conservation to be incorporated. Ayes: Unanimous. The hearing was closed. B) Discussion and Direction Regarding General Plan Final Adoption Schedule, and Possible Additional Workshop for the Board to Review the Planning Consultant’s Revisions from the October 17th, 2006 Public Workshop BOARD ACTION: Discussion was held with Kris Schenk relative to the workshop and hearing schedule. Supervisor Bibby asked that consideration be given to showing in the General Plan how the comments got there and by which agency or whether it is a State requirement. Supervisor Pickard suggested that another workshop be scheduled for December 5th to focus only on those revisions directed by the Board as a result of the October 17th workshop in preparation for the public hearing. County Counsel provided input relative to being able to continue the workshops and public hearing to the next day if more time is needed. Chairman Stetson called for public input on this matter and none was provided. The Board concurred with scheduling an additional workshop on December 5, 2006, at 1:00 p.m. as suggested; and with holding the public hearing on December 6, 2006, at 2 p.m. and 6:00 p.m. 5 10-24-06 CONSENT AGENDA: CA-1 Approve an Agreement with California Department of Motor Vehicles for the Purpose of Obtaining DMV Records using On-line Access through Department of Technology Services and the Health and Human Services Agency Data Center and Authorize the Human Services Director to Sign the Memorandum of Understanding and Social Security Number Addendum (Human Services Director); Res. 06-489 CA-2 Adopt a Resolution to Receive Information about the Need to Upgrade the Statewide Computer System for Welfare and Request that County Counsel Review the Draft Consortium-IV Joint Powers Agreement and By-laws and Provide Comments to the C-IV Governance Workgroup (Human Services Director); The Board concurred with referring this matter to County Counsel for review and for the matter to be brought back as a timed item. CA-3 Approve Allocation and Application for GAA 2006/2007 and State Aeronautics Matching Funds for the Mariposa Yosemite Airport Fire Fighting System & Electrical Upgrade Project #03-08, and Authorize the Public Works Director to Execute Documents for these Applications (Public Works Director); Res. 06-495 CA-4 Adopt a Resolution Authorizing the Allocation of an Administrative Analyst to Perform Most of the Functions of Transportation Planning; Un-fund the Transportation Planner Position; and Fund the Administrative Analyst Position by Approving a Budget Action Transferring Funds within the Transportation Planning Budget ($38,000) (Public Works Director); Res. 06-496 CA-5 Approve Budget Action Transferring Funds within the Roads Budget for Roads Special Projects Increasing Revenue and Expense by $5,000 to Cover the Cost of Road Repairs for Flood Damaged Roads ($5,000) (4/5ths Vote Required) (Public Works Director); Res. 06-490 CA-6 Approve Purchase Order with Mountain Aire in the Amount of $4,043.00 for Repair of the Climate Control System for the Mariposa County Courthouse Records Vault (Public Works Director); Res. 06-491 CA-7 Adopt a Resolution Rejecting Claim No. 06-13 Filed by Carol Cavalero for an Undetermined Amount and Authorize the Chairman of the Board of Supervisors to Sign the Notice of Rejection (Interim Budget/Personnel/Risk Manager); Res. 06-492 CA-8 Adopt a Resolution Rejecting Claim No. 06-14 Filed by Timi Petersen for an Undetermined Amount and Authorize the Chairman of the Board of Supervisors to Sign the Notice of Rejection (Interim Budget/Personnel/Risk Manager); Res. 06-493 CA-9 Approve Agreement Pierce’s Disease Control Program/Glassy-Winged Sharpshooter No. 06-0516 with California Department of Food and Agriculture (CDFA) for Fiscal Year 2006-2007 (Agricultural Commissioner); Res. 06-494 6 10-24-06 3:42 p.m. Adjournment in memory of Melvin E. Yost, Frank Castillo Sanchez, Howard Greenhalgh, Jonathan Powell, Sr., and Les Lord. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board 7 10-24-06 MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA October 30, 2006 Special Meeting Folder Time Description 8:47 a.m. Special Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Lee Stetson, Chair; Presentation of a Resolution to V. Michael “Mike” Coffield for his Contributions to Mariposa County as Interim County Administrative Officer/Budget/Personnel/Risk Manager BOARD ACTION: (M)Fritz, (S)Pickard, Res. 06-503 was adopted and presented to Mike Coffield/Ayes: Unanimous. Mike Coffield thanked the department heads and staff for their support. Jim Allen, Sheriff, commended Mike for his service and willingness to help. Board members thanked Mike for his service. Public Presentation: The Public May Only Address the Board on Items Listed on the Special Meeting Agenda – none. 8:59 a.m. CLOSED SESSION: Public Employee Appointment; Position: Fire Chief Interviews (Interim Budget/Personnel/Risk Manager) (Continued From October 23, 2006) BOARD ACTION: (M)Bibby, (S)Turpin, the closed session was held/Ayes: Unanimous. 10:12 a.m. Chairman Stetson advised that direction was given to staff as a result of the closed session. 10:13 a.m. Adjournment Respectfully submitted, MARGIE WILLIAMS Clerk of the Board In compliance with the American Disabilities Act, if you need special assistance to participate in this meeting, please contact the Clerk of the Board’s Office. MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA November 14, 2006 Time Description 9:10 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Introductions Lee Stetson, Board of Supervisors, Chairman; Welcome Reception for New County Administrative Officer – Richard J. “Rick” Benson BOARD ACTION: – Chairman Stetson introduced Rick Benson, the new County Administrative Officer. 9:12 a.m. Recess for reception 9:44 a.m. Lee Stetson, Board of Supervisors, Chairman; Proclaim the Month of November, 2006 as “National American Indian Heritage Month” BOARD ACTION: (M)Bibby, (S)Fritz, the proclamation was approved and Connie Waldron accepted it on behalf of the Merced River Chapter of the Daughters of the American Revolution and the Equal Opportunity Committee of Yosemite National Park/Ayes: Unanimous. Public Presentation: For Non-Timed Agenda Items including Attention, Information, and Consent Agenda, and for Items Not on the Agenda Paul Chapman referred to the following Consent Agenda items: item 1 – detour of traffic for the Merry Mountain Christmas Parade/he feels this will not bring tourists to town; item 2 – agreement with the Arts Council/he does not feel that these funds should be expended; item 3 – agreement with Michael Habermann to represent the County at the International Tourism Exchange/he feels this is a high cost at taxpayer expense; items 8 – change order with Richard Townsend Construction, item 10 – amendment to agreement with RRM Design, and item 12 – amendment to agreement with Roger Stephens Engineering/he feels the regional recreation complex project is dead and the funds should not be expended; item 11 – agreement with Cascade Software Systems/he feels there are less expensive programs; and item 22 – agreement with the United States Department of Agriculture for rental of office space for helicopter operation at the Airport/he does not feel that the County can afford this. Eleanor Keuning noted that Leonard Road was graded and she thanked the Board. She welcomed the new County Administrative Officer. She noted that she didn’t attend the Sierra Business Council event due to the high cost. She commented on a proposal for a drive-up pharmacy and expressed concern with pollution impacts caused by idling vehicles. Board Information Supervisor Bibby attended the First 5 meeting on Monday, and she noted that their meetings are open to the public. She thanked the community for support of the Halloween trick or treat events. In recognition of Veteran’s Day, she thanked the veterans and their families for their service. She advised that she plans to attend the Economic Development presentation in Catheys Valley this evening. Supervisor Fritz advised that the District IV meeting was cancelled so that she could attend the Economic Development presentation, and she urged the public to attend. She advised of a letter received from Gene Mickel relative to the October Fly-in event at the Airport and the number of people that came from out of the area to attend this event and the Rotary Wine and Art Festival. She attended the Amtrak planning session meeting and the San Joaquin Valley Rail Committee meeting on Thursday in Hanford and is still working on getting the County a seat on the committee. She advised of the upcoming Soroptimist rummage sale and craft fairs. She advised that she will miss the Board meeting scheduled for November 28th to attend the CSAC (California State Association of Counties) conference. Supervisor Pickard advised that he attended the San Joaquin Valley Regional Association of California Counties conference that was hosted by Mariposa County. He attended the Pacific Rim Conference that was hosted by the Yosemite Sequoia Resource and Conservation Development Council. Supervisor Turpin advised that he attended the San Joaquin Valley Regional Association of California Counties conference in Yosemite. He noted that they had a ground breaking event for the new wastewater treatment facility in Don Pedro. He attended the Red Cloud Friends of the Library meeting and the meeting with the Don Pedro Equestrian Trails committee. He plans to attend the Economic Development meeting this Thursday in Coulterville. Supervisor Fritz provided information on the Festival of Lights event being planned by the downtown merchants for the holidays. Supervisor Stetson advised that he attended the Sierra Business Council meeting and the San Joaquin Valley Regional Association of California Counties conference. He thanked Supervisor Fritz and Leroy Radanovich, Interim Tourism Coordinator, for attending the Amtrak and San Joaquin Valley Rail meetings. He advised that he plans to attend the El Portal Advisory Committee meeting this evening, and the Economic Development presentation on Wednesday at the Government Center. 10:06 a.m. Jacque Meriam, Librarian; PUBLIC HEARING - Approve the Increase in cost for InterLibrary Loans (ILL) BOARD ACTION: Jacque Meriam presented the staff report for the request, and she responded to a question from the Board relative to insurance coverage for shipping. The public portion of the hearing was opened and there was not public input. The public portion of the hearing was closed and the Board commenced with deliberations. (M)Bibby, (S)Fritz, Res. 06-504 was adopted approving the requested increase in cost for the InterLibrary Loans/Ayes: Unanimous. The hearing was closed. Dana Hertfelder, Public Works Director; PUBLIC HEARING – Proposal to Amend the Common Boundary Line Between Mariposa County and Tuolumne County Situated in Portions of Sections 11, 12, 13 and 14, Township 3 South, Range 14 East, Mount Diablo Base & Meridian, Mariposa County, State of California BOARD ACTION: Dana Hertfelder provided the staff report, and he advised that no written protests have been filed. He responded to questions from the Board relative to the process, notification process, and recommended action; and he advised that the recommended action is for the adoption of a resolution directing that the Ordinance be brought back. 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. (M)Turpin, (S)Pickard, Res. 06-505 was adopted directing Public Works to bring back an Ordinance to amend the boundary line between Mariposa County and Tuolumne County as recommended/Ayes: Stetson, Turpin, Fritz, Pickard; Noes: Bibby. The hearing was closed. Approval of Consent Agenda (See End of Minutes) BOARD ACTION: Supervisor Pickard pulled items 10 and 12. Supervisor Bibby pulled items 13, 21, and 23. Supervisor Turpin pulled item 13. Supervisor Stetson referred to item 24 and noted that this is the 4th amendment to the contract with Mike Coffield. (M)Pickard, (S)Bibby, the balance of the items was approved/Ayes: Unanimous. Consent Agenda item 10 – amendment to agreement with RRM Design for Master Plan Services for the Regional Recreation Complex. Discussion was held with Dana Hertfelder, Public Works Director, and he advised that this amendment is to extend the timelines for the project and does not entail any additional funding. He advised that the draft plan has been completed and is being reviewed by staff and they will return to the Board with the final Master Plan. (M)Pickard, (S)Fritz, item 10 was approved/Ayes: Unanimous. 2 11-14-06 Consent Agenda item 12 – amendment to agreement with Roger Stephens Engineering for the Regional Recreation Complex. Discussion was held with Dana Hertfelder, Public Works Director, relative to the request. (M)Pickard, (S)Turpin, item 12 was approved/Ayes: Unanimous. Consent Agenda item 13 – agreement with Schaaf & Wheeler to develop a drainage study for Coulterville. Discussion was held with Dana Hertfelder, Public Works Director, and Marilyn Lidyoff, Administration-Business Development Coordinator, relative to the status of the drainage study project for the town of Mariposa; and relative to this request. (M)Turpin, (S)Pickard, item 13 was approved/Ayes: Unanimous. Consent Agenda item 23 – amendment to contract with Abbott & Kindermann for legal services related to the SilverTip project and budget action. Discussion was held with Kris Schenk, Planning Director. (M)Pickard, (S)Bibby, item 23 was approved/Ayes: Unanimous. Consent Agenda item 21 – rejection of claim filed by Bryce Johnson. This matter was continued to later this date. Lisa Edelheit, SEIU, thanked the Board for the recent labor negotiations with SEIU. Approve a One-Year Memorandum of Understanding (MOU) with the Service Employees International Union, Local 535 (SEIU) Effective November 1, 2006 (County Administrative Officer) BOARD ACTION: (M)Pickard, (S)Turpin, Res. 06-522 was adopted approving the MOU. Board members thanked everyone that was involved in this process. Chairman Stetson called for input from the public and none was received. Ayes: Unanimous. 10:38 a.m. LOCAL TRANSPORTATION COMMISSION (Chair – Lyle Turpin, Vice-Chair – Dianne Fritz) A) Public Presentation – none B) Adopt a Resolution Adopting the Transportation Planning Overall Work Program for Fiscal Year 2006-2007 and Authorize the Executive Director to Submit the Overall Work Program and Sign the Necessary Agreement COMMISSION ACTION: Dana Hertfelder, Public Works Director, introduced Katie Martin who filled the Administrative Analyst/Transportation Planner position in the Department. Discussion was held relative to the Overall Work Program. (M)Pickard, (S)Stetson, LTC Res. 06-7 was adopted approving the Program/Ayes: Unanimous. 10:50 a.m. Dana Hertfelder, Public Works Director; A) Authorize Payment of the Entire Outstanding Principal of $45,000 and Accrued Interest (to the Date of Payoff) for the Certificates of Participation (COP) Purchased by the USDA Rural Utilities Service for Financing the “Reserve Capacity” of the Yosemite West Wastewater Facilities Project BOARD ACTION: Discussion was held with Dana Hertfelder. Chairman Stetson called for input from the public and none was received. Dana Hertfelder advised that staff will bring back a review of the price of the Equivalent Dwelling Units (EDU’s) in the future. Carl Casey, Public Works Administrator, provided input relative to the EDU’s. (M)Pickard, (S)Fritz, Res. 06-523 was adopted approving the request/Ayes: Unanimous. B) Waive First Reading and Introduce Ordinance Amending Section 12.20.06 of Chapter 12.20 of the County Code Entitled “Signs Prohibited on County Property” BOARD ACTION: Discussion was held with Dana Hertfelder relative to this matter; and he advised that this would allow for a request they received for the Teleki Ranch historic sign to be considered for replacement. (M)Pickard, (S)Bibby, the first reading was waived and the Ordinance was introduced. The Clerk of the Board read the title of the Ordinance into the record. Chairman Stetson called for input from the public and none was received. Ayes: Unanimous. 11:10 a.m. Recess 3 11-14-06 11:24 a.m. Gail Neal, Chief Probation Officer; Appoint Members to the Mariposa County Juvenile Delinquency Prevention Commission and Designate the Juvenile Justice Commission to Serve in Such Capacity Pursuant to Welfare and Institutions Code Section 233 and Approve Budget Action Reducing General Contingency to Cover Costs for Members of the Commission Pursuant to WIC Section 231 (#2625) ($2,625) (4/5ths Vote Required) BOARD ACTION: Discussion was held with Gail Neal. (M)Fritz, (S)Bibby, Res. 06-524 was adopted approving the recommended actions/Ayes: Unanimous. Rick Benson, County Administrative Officer; Review Proposed Bylaws and Directors of the Yosemite/Mariposa County Tourism Bureau and Provide Direction to the Interim Tourism Coordinator BOARD ACTION: Discussion was held with Leroy Radanovich, Interim Tourism Coordinator; and he advised that they will not ask for dissolution of the Tourism Advisory Council until there is a smooth transition. He further advised that he plans to come back to the Board in December relative to the transition. Discussion was held relative to the proposed membership – the two members of the Board of Supervisors would serve as ex-officio members, and Leroy advised that one non-voting representative of the National Park Service would be added. Thomas P. Guarino, County Counsel, advised that he needs to further review the issue of two Board members serving on the Bureau when the non-profit organization is formed as there will be an agreement between the County and the Bureau for services to be provided. Further discussion was held relative to the bylaws. Supervisor Bibby noted that the proposed bylaws should be consistent in the use of Council and Bureau. Input from the public was provided by the following: Paul Chapman referred to the membership, and he stated he does not feel that the membership represents a good cross-section of the County. The Board concurred with proceeding with the process of privatization of the Tourism Bureau; and the Board members thanked Leroy Radanovich for his efforts in this matter. Discussion and Possible Further Action Regarding Continuation of the Local Emergency Due to Landslides on Highway 140 Enroute to Yosemite National Park (County Counsel/Interim County Administrative Officer) BOARD ACTION: Chairman Stetson advised that he and Supervisor Pickard and the County Administrative Officer attended a meeting with CalTrans in Stockton to address policy issues with Director Ajise and others on the temporary route to try to remove the vehicle length restrictions and to work on a permanent fix. He also advised that he attended the first meeting of the long-term fix committee, and they will continue to meet on the second Monday of each month. He provided information on the update of the geo-technical items and the additional monitoring and he advised that there has been no significant movement of the slide for about 30 days. However, that could change with the winter storms. He advised that Director Ajise is agreeable to coming to the Board to provide updates, with the next update to be around the first of the year. Discussion was held relative to the vehicle length restriction issues. (M)Bibby, (S)Turpin, Res. 06-525 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. Approval of Minutes of September 26, 2006, Regular Meeting (Clerk of the Board); Approval of Minutes of October 3, 2006, Regular Meeting (Clerk of the Board); and Approval of Minutes of October 10, 2006, Regular Meeting (Clerk of the Board) BOARD ACTION: (M)Bibby, (S)Fritz, the minutes were approved, with a correction to the October 10th minutes/Ayes: Unanimous. Discussion and Possible Action to Cancel the Board’s Regularly Scheduled Meeting for December 26, 2006 (Chairman Stetson) BOARD ACTION: (M)Bibby, (S)Pickard, Res. 06-526 was adopted canceling the meeting for December 26th/Ayes: Unanimous. 4 11-14-06 Discussion and Possible Action to Cancel the Board’s Regularly Scheduled Meeting for January 2, 2007 (Chairman Stetson/Vice-Chair Bibby) BOARD ACTION: (M)Turpin, (S)Fritz, Res. 06-527 was adopted canceling the January 2nd meeting/Ayes: Unanimous. Discussion and Possible Nomination of a Board of Supervisor to Submit an Application for Membership on a Public Advisory Committee for Recreation Fees on Federal Lands in California (Supervisor Turpin) BOARD ACTION: Supervisor Turpin initiated discussion and advised that he has an interest in serving on this Committee. (M)Pickard, (S)Bibby, Supervisor Turpin was nominated to serve on this Committee. The motion was amended, agreeable with the maker and second, to include direction to request that the Regional Council of Rural Counties (RCRC) send a letter of support for the nomination/Ayes: Unanimous. CLOSED SESSION: Liability Claims; Claimant Name: Laurie McQueen; Claimant Number: C06-15; Name of Agency Sued: County of Mariposa (County Administrative Officer) BOARD ACTION: County Counsel advised that this closed session was not necessary. CLOSED SESSION: Conference with Legal Counsel: Anticipated Litigation: Initiating of Litigation Pursuant to Subdivision (c) of Government Code Section 54956.9. Case to be Discussed: County of Mariposa v. Total Waste Systems, Inc. (County Counsel); CLOSED SESSION: Conference with County Labor Negotiator: Name of Employee Organization: SEIU (Service Employees International Union); Name of County Designated Representative: Rick Bolanos (County Administrative Officer); CLOSED SESSION: Conference with Real Property Negotiator; Description of Real Property: Juanita Moore/SPCA Property on Corner of Bullion Street; Agency Negotiator: Thomas P. Guarino; Name of Party who will Negotiate with County (Not Party’s Agent): SPCA; Closed Session will Concern Price and Terms of Lease/Purchase (County Counsel); and CLOSED SESSION: Liability Claims; Claimant Name: Bryce Johnson; Claimant Number: C06-12; Name of Agency Sued: County of Mariposa (County Administrative Officer) BOARD ACTION: (M)Pickard, (S)Bibby, the closed sessions were held after lunch/Ayes: Unanimous. 12:26 p.m. Lunch 2:16 p.m. The Board convened in closed session. 2:58 p.m. The Board reconvened in open session. Chairman Stetson announced that direction was given to staff as a result of the closed session matters. Adopt a Resolution Approving a Settlement Agreement with Total Waste Systems, Inc. and Authorize the Chairman of the Board of Supervisors to Sign the Agreement; and Approve Second Amendment to the Solid Waste Franchise Agreement and Authorize the Chairman of the Board of Supervisors to Sign the Amendment (County Counsel) BOARD ACTION: Discussion was held with Thomas P. Guarino, County Counsel, and he recommended that the Board authorize the Chairman to sign the Agreement and approve the Second Amendment contingent upon Total Waste Systems paying the agreed sums no later than November 27, 2006; and if they fail to pay and to sign the agreements, the agreements are withdrawn. (M)Pickard, (S)Turpin, Res. 06-528 was adopted approving the requested actions as recommended by County Counsel. Following discussion relative to the dates in the agreements, the motion was amended, agreeable with the maker and second, to authorize County Counsel to make any necessary corrections to the agreements/Ayes: Unanimous. 5 11-14-06 Approve an Agreement with Allen, Proietti & Fagalde, LLP to Represent the County of Mariposa and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (County Counsel) BOARD ACTION: Thomas P. Guarino, County Counsel, advised that this request is an authorization to initiate suit if settlement funds are no received by November 27, 2006, as stated in the previous action. (M)Pickard, (S)Turpin, Res. 06-529 was adopted approving the agreement/Ayes: Unanimous. Consent Agenda item 21 – rejection of claim filed by Bryce Johnson. (M)Pickard, (S)Fritz, item 21 was approved/Ayes: Unanimous. CONSENT AGENDA: CA-1 Approve the Detour of Traffic from State Routes to Utilize Mariposa County Roadways for the Duration of the Merry Mountain Christmas Parade Scheduled for Saturday, December 9, 2006; Authorize the Chairman of the Board of Supervisors to Sign a Letter Approving the Detour of Traffic (Tourism); Res. 06- 506 CA-2 Approve Agreement with Mariposa County Arts Council for Fiscal Year 2006- 2007 and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Tourism); Res. 06-507 CA-3 Approve Agreement with Michael Habermann to Represent Mariposa County at the International Tourism Exchange, Berlin Germany in March of 2007 and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Tourism); Res. 06-508 CA-4 Approve Budget Action Transferring Funds within the Tourism Budget to Increase Professional Services ($8,300) (Tourism); Res. 06-509 CA-5 Approve a Letter of Appreciation to Ron J. Morehead, Owner of the Miners Inn Restaurant, for Offering a Designated Room at the Restaurant to Serve as the Loan Office for the U. S. Small Business Administration to Implement the Economic Injury Disaster Loan Program for Small Businesses (County Administrative Officer) CA-6 Approve a Letter of Appreciation to Joe and Kathy Connolly for Expressing Gratitude to the Mariposa County Fire Department, Chamber of Commerce and Community for a Wonderful Experience While Visiting Yosemite National Park and the Town of Mariposa (County Administrative Officer) CA-7 Approve the California Department of Veterans Affairs Subvention Certificate of Compliance and Medi-Cal Certificate of Compliance for Fiscal Year 2006-2007 and Authorize the Chairman of the Board of Supervisors to Sign the Certificates of Compliance (Community Services Director); Res. 06-510 CA-8 Approve Change Order No. 1 with Richard Townsend Construction for the Mariposa Regional Recreation Complex Waterline Project and Authorize the Chairman of the Board of Supervisors to Sign the Change Order (Public Works Director); Res. 06-511 6 11-14-06 CA-9 Accept Resignations from Walter Rowland and Helen Yates from the Yosemite West Maintenance Advisory Committee (Supervisor Stetson) CA-10 Approve Third Amendment to Professional Services Agreement with RRM Design for Master Plan Services for the Regional Recreation Complex and Authorize the Chairman of the Board of Supervisors to Sign the Amendment (Public Works Director); Res. 06-518 CA-11 Approve Agreement with Cascade Software Systems for Software Maintenance and Support for Fiscal Year 2006-2007 and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Public Works Director); Res. 06-512 CA-12 Approve Second Amendment to Professional Service Agreement with Roger Stephens Engineering for the Purpose of Providing Utility Services for the Mariposa County Regional Recreation Complex (Public Works Director); Res. 06-519 CA-13 Approve Agreement with Schaaf & Wheeler, Consulting Civil Engineers for a Planning and Technical Assistance Community Development Block Grant (PT/A CDBG) to Develop a Drainage Study Exclusively for the Town of Coulterville and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (County Administrative Officer/Public Works Director); Res. 06-520 CA-14 Accept the Resignation of Karen Keyser-Shank from the Alcohol and Drug Advisory Board (Human Services Director) CA-15 Appoint James Tucker as a Member-at-large to the Alcohol and Drug Advisory Board for a Term of Three Years Expiring November 14, 2009 (Human Services Director) CA-16 Appoint Debbie Smith to The First 5 Commission to Serve as the Representative from the Department of Human Services (Human Services Director) CA-17 Appoint Carla Shelton to The First 5 Commission as a “Local Child Care Resource” Representative, for a Term of Three Years Expiring November 14, 2009 (Human Services Director) CA-18 Adopt a Resolution Approving the Submission of an Application to the Office of Justice Programs ~ U. S. Department of Justice ~ Bureau of Justice Assistant ~ Southwest Border Prosecution Initiative to Receive Funds for Federally Initiated and Referred Criminal Cases (District Attorney); Res. 06-513 CA-19 Adopt a Resolution Approving Children’s Medical Services (CMS) Plan and Budget Justification for Fiscal Year 2006-2007 for California Children’s Services (CSS), for Child Health, Disability Program (CHDP), for the Health Care Program for Children in Foster Care (HCPCFC) and Authorize the Chairman of the Board of Supervisors to Sign the CHDP and CCS Children’s Medical Services Certification Statements for Fiscal Year 2006-2007 (Health Officer); Res. 06-514 CA-20 Adopt a Resolution Rejecting Claim No. C06-15 Filed by Laurie McQueen for $360.27 and Authorize the Chairman of the Board of Supervisors to Sign the Notice of Rejection (County Administrative Officer); Res. 06-515 7 11-14-06 CA-21 Adopt a Resolution Rejecting Claim No. C06-12 Filed by Bryce Johnson for an Undetermined Amount and Authorize the Chairman of the Board of Supervisors to Sign the Notice of Rejection (County Administrative Officer); Res. 06-530 CA-22 Approve Agreement with United States Department of Agriculture for Rental of Office Space for Helicopter Operation at the Airport Fire Station and Authorize the Chairman of the Board of Supervisors to Sign the Agreement; Approve Budget Action Increasing Revenue and Appropriations within the County Fire Budget ($6,999) (4/5ths Vote Required) (Fire Chief); Res. 06-516 CA-23 Approve First Amendment to the Contract with Abbott & Kindermann, LLP, for Legal Services Related to the SilverTip Project, and Authorize the Chairman of the Board of Supervisors to Sign the Amendment; Accept a Deposit in the Amount of $10,000 from the PacificUS Real Estate Group for SilverTip Project Legal Services to Account No. 349-0259-308.11 and Approve Budget Action Increasing Revenue and Appropriations ($10,000) (4/5ths Vote Required) (Planning Director); Res. 06-521 CA-24 Approve Third Amendment with V. Michael “Mike” Coffield to Increase Hours to Authorize up to 25 Additional Hours for Transitional Meetings and Provision of Budget/Personnel/Risk Management Duties Through November 5, 2006 and Authorize the Chairman of the Board of Supervisors to Sign the Amendment (County Counsel); Res. 06-517, and it was clarified that this is the 4th Amendment 3:06 p.m. Adjournment in memory of Richard Dewey Paquette, Dorothy Lee (Ohlrogge) Wells, Mildred Eva Hoyt, Josiah “Joe” Knowles, Jr., William R. Fluharty, Ira Chase, and Thomas Russell Holt. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board 8 11-14-06 MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA November 28, 2006 Time Description 9:05 a.m. Meeting Called to Order at the Mariposa County Government Center, with Supervisor Fritz excused due to jury duty and arriving later in the meeting. Pledge of Allegiance Lee Stetson, Board of Supervisors, Chairman; Resolution and Tile Plaque Recognizing Bob Lowrimore Upon his Retirement from Mariposa County Fire Department BOARD ACTION: (M)Bibby, (S)Pickard, Res. 06-531 was adopted and presented to Bob Lowrimore, along with a tile plaque/Ayes: Stetson, Turpin, Bibby, Pickard; Excused: Fritz. Bob Lowrimore thanked the Board and his office staff for their support. Recess: 9:12 a.m. Reconvene 9:31 a.m. Public Presentation: For Non-Timed Agenda Items including Attention, Information, and Consent Agenda, and for Items Not on the Agenda Sheriff Jim Allen reported that Merced Pathology will discontinue doing autopsies for Mariposa County on Thursday. He advised that the Undersheriff was in Stockton yesterday working with Delta Pathology Group who is willing to do Mariposa’s autopsies starting Friday, but are only willing to do them in Stanislaus County. Merced County Sheriff/Coroner is in the same predicament. There is a shortage of Forensic Pathologists in Merced County. Mariposa County is currently paying $895 for a basic autopsy with the second level of autopsy approximately $1,500 and the Forensic, most complex autopsy approximately $2,090. Mariposa averages about 35 to 40 autopsies per year. Sheriff Allen informed the Board that currently we pay Merced County $20,000 a year. He sent them a 30 day notice yesterday which will leave a $10,000 balance in the budget until mid year budget. Sheriff Allen advised they will continue looking for a less expensive route, possibly a doctor willing to move to Merced to perform autopsies. Stanislaus County is planning on building a new coroner facility; their County Administrative Officer sent Sheriff Allen a letter regarding scheduling a meeting in January of 2007 to discuss a multiple county facility. Supervisor Bibby thanked Sheriff Allen for getting on this and asked that the Board of Supervisors be kept up to date. Sheriff Allen advised that there are 2 deputies returning to Mariposa County Sheriff’s Department and on Friday he will be swearing in a new deputy that has recently graduated from the academy. Introductions Chair Stetson introduced Bill Moore the new Safety Officer for Yosemite National Park. Board Information Supervisor Bibby advised that she would be traveling to Sonora for the Mother Lode Job Training Committee meeting and mentioned that Mariposa County has 2 vacancies, if anyone is interested they are looking for business representatives in the public sector to volunteer. She briefly explained the agenda discussions regarding employment for the communities in Tuolumne, Amador and Calaveras on this Committee. Supervisor Pickard advised that he had attended a Strategic Planning meeting with National Resource Conservation Service in Davis to work on the California and National Strategic Plan. He advised that he brought to their attention and would like to focus on soil conservation, water and species for fuel load reduction. He then advised they discussed air quality, water quality and quantity issues and feels one of the focus’s missing from NRCS, at least in California is the heavy fuel loading. He had a planning meeting in the form of a conference call regarding legislation that has come as a result of the California Resource Conservation Development Council’s strategic plan to look at alternative energy. The issues discussed were wind, hydro and biomass alternative energy. On Wednesday Supervisor Pickard will be meeting with the Department of Finance and the Business, Transportation and Housing Secretary, which involves CalTrans. Items to be discussed will be AB473 funding, the funding for the Ferguson rock slide and our county as a result of the San Joaquin Conference in regards to being a self help county and noxious weed issues. Supervisor Turpin advised that on December 8th and 9th the Friends of the Red Cloud Library will be sponsoring a Christmas Home Tour in Greeley Hill and Coulterville. Approval of Consent Agenda (See End of Minutes) BOARD ACTION: Supervisor Turpin pulled items 3 and 4. (M)Pickard, (S)Bibby, the balance of the agenda was approved/Ayes: Stetson, Turpin, Bibby, Pickard; Excused: Fritz. Consent Agenda item 4 – Supervisor Turpin would like to accept the resignation of Robert Jensen prior to appointing Keith Keenom in item 3. Turpin thanked Jenson for his service. (M)Turpin, (S) Pickard, items 3 and 4 were approved/Ayes: Stetson, Turpin, Bibby, Pickard; Excused: Fritz. Thomas P. Guarino, County Counsel; Waive First Reading and Introduce Ordinance Amending Section 2.104.050 of Chapter 2.104 of the Mariposa County Code Entitled “First 5 Mariposa County” BOARD ACTION: Thomas P. Guarino advised that this item is clean up on the Membership Identification. Chairman Stetson called for input from the public and none was received. (M) Bibby, (S) Turpin, the first reading was waived and the Ordinance introduced amending Section 2.104.050 of Chapter 2.104 of the Mariposa County Code entitled “First 5 Mariposa County”. The Deputy Clerk of the Board read the title of the Ordinance into the record. Ayes: Stetson, Turpin, Bibby, Pickard; Excused: Fritz. Dana Hertfelder, Public Works Director; Waive Second Reading and Adopt Ordinance Amending Section 12.20.010 of Chapter 12.20 of the County Code Entitled “Signs Prohibited on County Property” BOARD ACTION: Dana Hertfelder provided information relative to the current ordinance not allowing signs to be placed under, over or on county roads or right of ways and requested that this be modified to permit this with prior Board approval. Supervisor Turpin requested clarification regarding the paragraph including “any signs of any nature without prior Board approval”, referencing signs such as advertisement for “Pancake Breakfast” etc., asking if these will require an encroachment permit and be required to come before the Board of Supervisors. Dana Hertfelder responded that currently these temporary signs are not allowed within the county right of way, but the county doesn’t have the ability to address all of these types of signs. At this point and time where organizations have had interest in obtaining a permit to put up signs, he would prefer them to come to the Board. If this becomes too difficult we could look at coming up with some policies of what would and would not be acceptable. Further discussion was held with Supervisor Bibby relative signs that just surface and reviewing an encroachment process. Chair Stetson concurred with Supervisors Bibby and Turpin advising that at the moment this does give the county the tool to take care of the problem and if it becomes an issue we can bring it back to the board. (M) Pickard, (S) Turpin, the first reading was waived and the Ordinance introduced amending Section 12.20.010 of Chapter 12.20 of the County Code entitled “Signs Prohibited on County Property”. Supervisor Turpin asked what the procedure is going to be at this time for temporary signs. Dana Hertfelder advised that the organization should find private property just off the county right of 2 11-28-06 way and place it there. He expressed his concern relative to the prompt removal of temporary signs and advised that it would be difficult to decide what signs would need to go to Board for approval relative to volunteer or non-profit organizations. He then explained the fees and process required for obtaining an encroachment permit. Supervisor Turpin asked for additional clarification for temporary signs in Coulterville. Dana Hertfelder responded that for signs placed in Coulterville chances are that if it’s off the paved section of the road it’s not in the county right of way. Dana Hertfelder suggested that if temporary signs are used annually an organization could come to the Board for approval to place the sign annually. Supervisor Bibby suggested this be done in the same manner as other annual events that come to the Board, in addition, the Board could approve multiple agencies. Further discussion relative to insurance requirements of events scheduled at a county facility with explanation of the process of obtaining Board approval. Dana Hertfelder suggested a drawing be prepared and submitted for review by Public Works to ensure the sign will not be placed in a county right of way; this could also assist in determining if an organization is required to go through this process. Supervisor Turpin expressed concern relative to creating additional paper work for staff. Input from the public was provided by the following: Paul Chapman suggested adding a paragraph saying “no person or persons shall place signs on county property exceeding 48 hours” to address the Coulterville issue. Dana Hertfelder reiterated his concerns of safety issues and the need for review of the site for correct site distance if signs are allowed to be placed on county property. The Deputy Clerk of the Board read the title of the Ordinance into the record. Ayes: Stetson, Turpin, Bibby, Pickard; Excused: Fritz. Dana Hertfelder, Public Works Director; Waive First Reading and Introduce Ordinance Approving Minor County Boundary Line Change Between Mariposa County and Tuolumne County BOARD ACTION: Supervisor Pickard asked for clarification relative to this item requiring a 3/5ths or 4/5ths vote and asked if this was a unanimous decision the previous time it came up. Thomas P. Guarino advised that he would research this; he recalled the last vote was 4 to 1 for moving forward. Dana Hertfelder confirmed it was a 4 to 1 vote directing Public Works to return to the Board with this item. Held for research by County Counsel until later on this date. Cheryle Rutherford-Kelly, Human Services Director; Review the Information Contained in the 2005-2006 Fiscal Year Annual Report BOARD ACTION: Cheryle Rutherford-Kelly advised that Marilyn Corral is now the President of the Mental Health Board and is present for any questions, Supervisor Bibby sits on the board as well. Supervisor Bibby complimented staff and volunteers for their work. Supervisor Pickard, in identifying what he considered a goal of a System of Care asked if the Board had addressed following up with a patient that had been treated. He asked if once a patient leaves do they take their medication as needed or is it an issue in Mariposa County that they continue to return for assistance. Cheryle Rutherford- Kelly responded that they do have a case manager that goes to the home to talk to patients about the importance of taking their medication, but unless the person is on conservatorship they can not force them to take medications. There have also been people that haven’t had to take medication to be stable and live a healthy life. She advised that there is massive statistical reporting that will allow them to track very carefully who is on medications and how this new system works compared to what they have had in the past. Marilyn Corral added that another part of the Adult System of Care being put in place is the Friendly Visitors Program to allow them to do outreach with the people that are hidden away. This is a group of volunteers that will observe and report any issues they may see. Further discussion was held by Marilyn Corral. Supervisor Bibby stated that the goal of the System of Care Program is to provide an all inclusive program “The care doesn’t stop here because you’re no longer a child”. Chairman Stetson called for input from the public and none was received. (M) Supervisor Bibby, to accept this report; was withdrawn as it was an information item only and no action was necessary. 3 11-28-06 Further discussion was held relative to introducing an Ordinance approving a minor county boundary line change between Mariposa County and Tuolumne County. County Counsel referred to a portion of the Government Code advising that not later than 30 days after the conclusion of the hearing the Board of Supervisors of each affected county shall adopt similar ordinances approving the proposed boundary change and under a subsection of the code, the ordinances shall be adopted by majority vote of each Board of Supervisors. Chairman Stetson called for input from the public and none was received. (M) Pickard (S) Turpin, the first reading was waived and the Ordinance was introduced approving minor county boundary line change between Mariposa County and Tuolumne County. The Deputy Clerk of the Board read the title of the Ordinance into the record. Under discussion Supervisor Bibby expressed her concerns regarding the complete application. She also suggested a condition for the approval of the map be added. Ayes: Stetson, Turpin, Pickard; Opposed: Bibby; Excused: Fritz. Dana Hertfelder, Public Works Director; PUBLIC HEARING – Approve the Request from Total Waste Systems of Mariposa, Inc. for a Consumer Price Index Increase of 3.6% to be Effective November 1, 2006 for the Mariposa Franchise Area BOARD ACTION: Dana Hertfelder presented the staff report, he responded to questions of the Board. He addressed the Board recommending that they approve the request from Total Waste Systems of Mariposa for consumer price index increase of 3.6% to be effective November 1, 2005 (2006) for the Mariposa Franchise area. Input from the public was provided by the following: Ruth Catalan requested clarification regarding the date being stated by Dana Hertfelder as 2005 and not 2006. Dana Hertfelder made a correction to reflect the date of 2006. The public portion of the hearing was closed and the Board commenced with deliberations. (M) Pickard, (S) Turpin, Res. 06-544 was adopted approving the consumer price index increase of 3.6% for Total Waste Systems. Ayes: Stetson, Turpin, Bibby, Pickard; Excused: Fritz. The hearing was closed. Dana Hertfelder, Public Works Director; PUBLIC HEARING - Approve the Request from Fiske Sanitary Disposal Service for a Rate Increase of the Consumer Price Index 2005-2006 of 3.6% to be Effective November 1, 2006 for the Fiske Franchise Area BOARD ACTION: Dana Hertfelder presented the staff report. He addressed the Board recommending that they approve the request from Fiske Sanitary Disposal for consumer price index increase of 3.6% to be effective November 1, 2006 for the Fiske Franchise Area. 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. Dana Hertfelder and Steve Engfer responded to questions of the Board. (M) Turpin, (S) Pickard, Res. 06-545 was adopted approving the consumer price index increase of 3.6% for Fiske Sanitary Disposal. Ayes: Stetson, Turpin, Bibby, Pickard; Excused: Fritz. The hearing was closed. Kris Schenk, Planning Director; PUBLIC HEARING - Approve Land Conservation Act Contract Application No. 2006-255, Approving the Creation of a New Agricultural Preserve and Executing a New Land Conservation (Williamson) Act Contract with David Brown for a 600-Acre Property Located on Mount Gaines Road in Hornitos; APN 007-130-026 BOARD ACTION: Megan Tennermann, Associate Planner, presented the staff report and advised that staff and the Agricultural Advisory Committee support this application and the Planning Commission has recommended the Board approve this action. Megan Tennermann responded to questions from the Board relative to the contract effective date, correcting the date to January 1, 2007. She also responded to questions relative to subdivision language used in the contract and viable Agricultural land. Supervisor Bibby requested clarification in regards to a possible discussion with the Agricultural Advisory Committee relative to change in land use and was there any public input in the form of letters. She also inquired if the applicant is fully aware of the 20 year commitment of this contract. Megan Tennermann responded that the only input she received was one phone call from a neighbor of the applicant inquiring how this would affect the easement for Mt. Gaines Road, and since Mt. Gaines 4 11-28-06 Road is a public easement it would not be affected by the contract. She concluded that she spoke to the applicant and he is fully aware of the commitment. Supervisor Bibby commended the applicant for his commitment to the preservation of agricultural industry. Supervisor Turpin requested clarification relative to permitted uses of the Williamson Act Contract. Megan Tennermann responded that it is the resolution that specifies permitted and accessory uses, not the contract. County Counsel advised that the contracting party is in violation of the contract if it becomes a non-permitted use and that is something the County would have a right to enforce. 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. Further discussion was held relative to land use and the language in the Certificate of Non-Compliance. (M) Bibby, (S) Turpin, Res. 06-546 was adopted approving Land Conservation Act Contract Application No. 2006-255, and approving the creation of a new agricultural preserve and executing a new Land Conservation (Williamson) Act Contract with David Brown for a 600-acre property located on Mount Gaines Road in Hornitos. Under discussion of Supervisor Pickard relative to the Department of Conservation stepping up their enforcement visibility to the point of aerial photos, he asked if the applicant is still prepared to complete the contract process. Megan Tennermann responded that the applicant is prepared. Ayes: Stetson, Turpin, Bibby, Pickard; Excused: Fritz. The hearing was closed. Rick Benson, County Administrative Officer / Dana Hertfelder, Public Works Director; PUBLIC HEARING – For an Application Submittal for a Community Development Block Grant (CDBG) / Planning and Technical Assistance Grant (General Allocation) in the Amount of $70,000 in Fiscal Year 2006 to Develop a Drainage Study for the Town of Mariposa and an Environmental Review for the Town of Mariposa and Coulterville; Approve the Application for Funding and Authorize the Chairman of the Board of Supervisors to Sign the Grant Agreement and any Amendments BOARD ACTION: Marilyn Lidyoff, Administration/Business Development Coordinator, presented the proposed activity in the form of an application along with the amount of funding being requested and information about the nine percent cash match. She described the location of the activity and how it will meet the National Objective, which is to benefit the Targeted Income Group (TIG). She provided information on the Scope of Work, and time schedule to complete the project. Marilyn Lidyoff then responded to questions of the Board relative to each allocation being a non specific planning activity and project specific planning activity. The Non Specific planning study does not further the development of a specific project. However, the Project specific planning study is defined as a study necessary to begin the process of actually developing a specific project in the community. She also responded to questions relative to this item coming back to the Board to request a cash match from within the Water Agency Funds. Dana Hertfelder responded to questions relative to the cash match qualifying to come from within the Water Agency Funds. The public portion of the hearing was opened with no public input. The public portion of the hearing was closed and the Board commenced with deliberations. (M) Turpin, (S) Pickard, Res. 06-547 was adopted approving the application submittal for a Community Development Block Grant/Planning and Technical Assistance Grant in the amount of $70,000 in Fiscal Year 2006 to develop a Drainage Study for the town of Mariposa and an Environmental Review for the town of Mariposa and Coulterville and approve the application for funding and authorize the Chairman of the Board of Supervisors to sign the Grant Agreement and any Amendments. Motion was amended and agreeable with the maker to add direction to include the Public Works Director to look at the cash match at the appropriate time, and he would like to have that evaluated through the Water Advisory Committee and have it come before the local advisory agency for consideration. Ayes: Stetson, Turpin, Bibby, Pickard; Excused: Fritz. The hearing was closed. Rick Benson, County Administrative Officer; Make a Determination that Public Convenience or Necessity Would be Served by the Transfer of an Off Sale Beer and Wine License to the Greeley Hill Market and Authorize the Chairman of the Board of Supervisors to Sign the Department of Alcoholic Beverage Control Application BOARD ACTION: Rick Benson advised that because there are already more than the prescribed number of beer and wine licenses within the census tract it is required that the Board review for possible determination that public convenience or necessity would be served by the issuance of the 5 11-28-06 license. He then advised that the Board can take 1 of 3 different actions. Actions being they could transfer the license, do not transfer the license or no action and in 90 days the new owner could apply for their license from the State Board. Rick Benson responded to questions relative to this being routed to law enforcement, is there a guarantee that the new owner would get the license after 90 days if no action was taken, and does the transfer occur locally. Jessie Figueroa, co-owner of the Market responded to the Board advising that they are not applying for a new license; they only wish to transfer the off-sale permit, he did speak to Sheriff Allen who had no opposition to this request. Jesse Figueroa also advised that Alcohol Beverage Control (ABC) has required them to do public notification in the Newspaper and place signs on the property. Chair Stetson called for input from the public and none was received. (M) Turpin, (S) Pickard, Res. 06-548 was adopted finding that public convenience or necessity would be served by the transfer of an off-sale Beer and Wine License to the Greeley Hill Market and authorizing the Chairman of the Board of Supervisors to sign the Department of Alcoholic Beverage Control Application. Ayes: Stetson, Turpin, Bibby, Pickard. Excused: Fritz. Discussion and Possible Further Action Regarding Continuation of the Local Emergency Due to Landslides on Highway 140 Enroute to Yosemite National Park (County Counsel/County Administrative Officer) BOARD ACTION: Chair Stetson advised that he had made a few phone calls recently but has not been able to reach anyone due to the holidays. Discussion was held relative to moving forward as quickly as possible and keeping in contact with CalTrans, also relative to safety issues. Chair Stetson advised of a meeting scheduled for the second Monday of January. (M)Bibby, (S) Pickard, Res. 06-549 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: Stetson, Turpin, Bibby, Pickard; Excused: Fritz. Approve the Replacement Vehicles and Heavy Equipment for Fiscal Year 2006-2007; Approve Items to be Purchased in the Fleet Fund from the Equipment Line Item that are over $3,000 (County Administrative Officer) BOARD ACTION: Rick Benson advised that a list of replacement vehicles and heavy equipment items was inadvertently left out of the recommended Budget for Fiscal Year 2006-2007. Carl Casey Public Works Administration, responded to questions of the Board relative to 4-wheel drive vehicles and specific makes of vehicles being replaced by like vehicles and the possibility of replacing some vehicles with a different make of the same value. Further discussion was held relative to criteria necessary to determine replacement values based on mileage and age. (M) Pickard, (S) Turpin, Res. 06-550 was adopted approving the replacement vehicles and heavy equipment for Fiscal year 2006- 2007 and approving items to be purchased in the Fleet fund from the equipment line item that are over $3,000. Ayes: Stetson, Turpin, Bibby, Pickard; Excused: Fritz CLOSED SESSION: Conference with Legal Counsel: Anticipated Litigation: Initiating of Litigation Pursuant to Subdivision (c) of Government Code Section 54956.9. Case to be Discussed: County of Mariposa v. Total Waste Systems, Inc. (County Counsel); BOARD ACTION: This closed session continued to December 5, 2006. CLOSED SESSION: Conference with Legal Counsel: Anticipated Litigation; Significant Exposure to Litigation Pursuant to Subdivision (b) of Government Code Section 54956.9 Relative to a Workers’ Compensation Case. Number of W/C Cases to be Discussed: 1 (County Administrative Officer); and CLOSED SESSION: Public Employee Appointment; Position: Fire Chief (County Administrative Officer); and CLOSED SESSION: Conference with Real Property Negotiator; Description of Real Property: Juanita Moore/SPCA Property on Corner of Bullion Street; Agency Negotiator: Thomas P. Guarino; Name of Party who will Negotiate with County (Not Party’s Agent): SPCA; Closed Session will Concern Price and Terms of Lease/Purchase (County Counsel) 6 11-28-06 BOARD ACTION: (M)Bibby, (S)Turpin, the Closed Sessions were held with Sandi Laird/Administration-Administrative Analyst present. Ayes: Stetson, Turpin, Bibby, Pickard; Excused: Fritz. 11:45 a.m. The Board convened in closed session. 12:30 p.m. Direction was given to staff as a result of closed session. INFORMATION: - No action was necessary on the following: List of Contracts Entered Into by the County Administrative Officer Pursuant to Ordinance 3.08 for the Months of June, July, August and October 2006 (County Administrative Officer) CONSENT AGENDA: CA-1 Approve Budget Action Increasing Revenue and Corresponding Appropriations in the Standards and Training for Corrections (STC) Fund ($5,720) (4/5ths Vote Required) (Chief Probation Officer); Res. 06-532 CA-2 Approve Request to Disband the Temporary Aid for Needy Families (TANF) Local Planning Council (Chief Probation Officer); Res. 06-533 CA-3 Appoint Keith Keenom, Representing District II, to the Building Department Advisory and Appeals Board for a Term Commensurating with the Term of District II Supervisor (Building Department Director); Res. 06-542 CA-4 Accept the Resignation of Robert Jensen, District II Advisory and Appeals Board Member Effective November 2, 2006 (Building Department Director); Res. 06- 543 CA-5 Approve a Certificate of Recognition and Congratulations to Winifred and Nelson Gauthier on Celebrating their 60th Wedding Anniversary on December 7, 2006, Presentation will be done during the Celebration on December 2nd (Supervisor Bibby); Res. 06-534 CA-6 Approve the Reciprocal Fire Protection Agreement with the United States Department of Interior National Park Service and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Fire Chief); Res. 06-535 CA-7 Appoint Richard Benson, County Administrative Officer as the County’s Representative to the California State Association of Counties (CSAC) Excess Insurance Authority (EIA) and Direct Staff to Notify the EIA of the Appointment (County Administrative Officer); Res. 06-536 CA-8 Approve the Amendments to the Excess Workers’ Compensation and Excess Liability (GLI) Program Memorandums of Understanding (MOU) and Authorize the County Administrative Officer to Sign the MOU’s (County Administrative Officer) ;Res. 06-537 CA-9 Approve an Agreement for a Backup Mariposa County Foster Family Receiving Home and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Human Services Director); Res. 06-538 7 11-28-06 CA-10 Approve Second Amendment with Freeman and Seaman Land Surveyors for the Purpose of Providing Construction Surveying for Various Projects in Mariposa County (Public Works Director); Res. 06-539 CA-11 Adopt a Resolution Authorizing the Chairman of the Board of Supervisors to Sign Certification for Funding Under Health and Safety Code 123945 for the State- Mandated Children’s Medical Services (CMS) Program (Health Officer); Res. 06- 540 CA-12 Approve Budget Action Transferring Funds Within the County Counsel Budget to Cover the Cost of Extra Help Personnel ($500) (County Counsel); Res. 06-541 2:20 p.m. Adjournment in memory of Beverly Karen Smithgall and Leah Rosenfeld. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board BY: TRACY GAUTHIER Deputy Clerk to the Board 8 11-28-06 MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA December 5, 2006 Time Description 9:13 a.m. Meeting Called to Order at the Mariposa County Government Center Blaine Shultz, Fire Chief, led in the Pledge of Allegiance. Introductions Lee Stetson, Board of Supervisors, Chairman; Resolution and Tile Plaque Recognizing Blaine Shultz Upon his Retirement from Mariposa County Fire Department BOARD ACTION: (M)Turpin, (S)Bibby, Res. 06-551 was adopted and presented to Blaine Shultz, along with a tile plaque/Ayes: Unanimous. Blaine Shultz thanked the Board and the volunteer fire department staff and his office staff and Deputy Chief Middleton for their support. 9:34 a.m. CLOSED SESSION: Public Employee Appointment; Position: Fire Chief (County Administrative Officer); and CLOSED SESSION: Conference with Real Property Negotiator; Description of Real Property: Juanita Moore/SPCA Property on Corner of Bullion Street; Agency Negotiator: Thomas P. Guarino; Name of Party who will Negotiate with County (Not Party’s Agent): SPCA; Closed Session will Concern Price and Terms of Lease/Purchase (County Counsel) BOARD ACTION: (M)Pickard, (S)Turpin, the closed sessions were held/Ayes: Unanimous. 10:19 a.m. The Board reconvened in open session and Chairman Stetson announced that the Board took action in closed session to appoint Jim Wilson as Fire Chief to start no later than January 30, 2007. He introduced Jim Wilson; and Jim noted that he is looking forward to coming back and serving the community. Public Presentation: For Non-Timed Agenda Items including Attention, Information, and Consent Agenda, and for Items Not on the Agenda Kenneth Gosting, TIE (Transportation Involves Everyone – a 501.3 entity under the Brower Fund in San Francisco), provided information on his personal experiences with the YARTS schedule and problems with the buses not showing and with security. He referred to a Sierra Club Yosemite email relative to a meeting of YARTS with Fresno civic leaders concerning possible expansion to the Highway 41 corridor, and he advised that he has concerns with this and he feels that the Board should be kept informed. He noted that he attended the last YARTS JPA meeting and there was no discussion of this issue. Chairman Stetson advised that he plans to attend the meeting in Fresno. Board Information Supervisor Bibby advised that she attended the Mother Lode Job Training meeting the previous week and funding issues were discussed. She plans to attend the Merry Mountain Christmas Parade this weekend, and wishes everyone a happy holiday. Supervisor Fritz advised that she attended the CSAC Conference the previous week in Anaheim; and she provided information on the Merry Mountain Christmas activities scheduled for this weekend. Supervisor Pickard advised that he attended several meetings in Sacramento the previous week relative to AB 473 funding (gas tax) for the three counties without incorporated cities; transportation funding issues, including self-help funding issues; and funding for improving the alignment of the interim bridges at the Ferguson rockslide. He advised that he plans to be in Sacramento on Wednesday for the RCRC (Regional Council of Rural Counties) meeting and on Thursday for the Environmental Services JPA meeting and the Bio-Diversity Council meeting and relative to legislation that would designate an invasive weed council. Supervisor Turpin advised that he plans to be in Don Pedro on Thursday with the Public Works Director to evaluate encroachments on the equestrian trails. He plans to attend the monthly meeting with the Stanislaus National Forest Service on Friday and they will discuss the 100’ fuel reduction requirements and the update of the MOU with the Forest Service for the maintenance of roads in the Stanislaus Forest. He advised that the Red Cloud Friends of the Library is holding a home tour fundraising event this weekend. Supervisor Bibby provided information on the comment period for the El Portal Road (Pohono Bridge) reconstruction project and encouraged everyone to provide comments to the National Park Service. She commented on the self-help transportation funding issues and that the General Plan Update contains items to support a self-help community. She commented on scanner traffic over the weekend relative to an attempted suicide incident that occurred in the North County. Supervisor Turpin suggested that the Board consider providing official comment on the El Portal Road reconstruction project. Supervisor Stetson advised that he will bring an item to the Board on this matter, and he advised of a meeting he attended the previous week relative to this matter. Supervisor Stetson advised that he plans to attend the YARTS meeting in Fresno on Friday and discussion will include expansion possibilities. On Monday, he plans to attend a meeting in Stockton relative to Highway 140/Ferguson Rockslide. Approval of Consent Agenda (See End of Minutes) BOARD ACTION: Supervisor Turpin pulled items 10 and 11. Supervisor Bibby noted that the application was received for item 6 as referenced in the package; and she pulled item 8. (M)Fritz, (S)Bibby, the balance of the items was approved/Ayes: Unanimous. Consent Agenda item 1 – appointment of Keith Williams as Acting Treasurer, Tax Collector and County Clerk. Marjorie Wass, Treasurer, Tax Collector, County Clerk, provided input on this request. Consent Agenda item 8 – agreement with the Fairgrounds for the COPS for Kids event. Supervisor Bibby commented on this program and the “socks” program; and she encouraged support of these programs. (M)Bibby, (S)Fritz, item 8 was approved/Ayes: Unanimous. Consent Agenda item 10 – change order with Wickum Construction for the Indian Gulch Road bridge. Dana Hertfelder, Public Works Director, responded to questions from the Board relative to the change order. (M)Turpin, (S)Bibby, item 10 was approved/Ayes: Unanimous. Consent Agenda item 11 – amendment to agreement with Freeman and Seaman Surveyors for the Greeley Hill Pedestrian Walkway. Dana Hertfelder, Public Works Director, responded to questions from the Board relative to this project. (M)Turpin, (S)Pickard, item 11 was approved/Ayes: Unanimous. Discussion and Possible Further Action Regarding Continuation of the Local Emergency Due to Landslides on Highway 140 Enroute to Yosemite National Park (County Counsel/County Administrative Officer) BOARD ACTION: Chairman Stetson advised of his conversation on Monday with Dinah Bortner and Grace Macayo of CalTrans relative to the long-term fix for the slide area. The idea of adjusting the approaches to the temporary bridges will be assigned to the long-term solution committee. Input from the public was provided by the following: Kenneth Gosting, TIE, proposed that the emergency declaration be expanded to cover the El Portal Road reconstruction project area due to the potential for failure of the road and the resulting disaster. He also suggested that the Board obtain a copy of a letter dated November 9th signed by Assistant Superintendent Cann for Superintend Tollefson concerning this matter. Discussion was held relative to the El Portal Road reconstruction project as a result of the 1997 flood damage. Supervisor Pickard suggested that contact be made with Congressman Radanovich and the National Park Service relative to allow emergency work on this section of the road. 2 12-5-06 (M)Pickard, (S)Bibby, Res. 06-561 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. Supervisor Pickard advised that he could work with the Chairman and Congressman Radanovich and the Superintendent’s Office to see what can be done to expedite the El Portal Road (Pohono Bridge – Big Oak Flat) reconstruction project, and place the matter on the December 12th agenda – the Board concurred. Leroy Radanovich, Interim Tourism Coordinator, provided input on the meeting he and Supervisor Stetson attended on Friday relative to the El Portal Road reconstruction project and the need to recognize that this is a serious situation. 11:20 a.m. – LUNCH 1:28 p.m. GENERAL PLAN WORKSHOP Kris Schenk, Planning Director; PUBLIC WORKSHOP to Review Changes to the General Plan Since October 17, 2006 and to Consider the Changes Recommended by the Planning Commission on November 17, 2006 BOARD ACTION: Kris Schenk, Sarah Williams/Deputy Planning Director, and Andy Hauge/Hauge Brueck Associates, were present. Kris Schenk advised that the Board’s last review of the General Plan Update was on October 17,
• CO5
  define the criteria to be used in evaluating new road capacity definitions 6 12-6-06
• CO6
  modify Implementation Measure 2-2a(3) with the following sentence: “Development permits shall not be issued for substandard-sized parcels unless they are enforceably managed with other standard contiguous contracted parcels under common ownership.”
• CO7
  modify Implementation Measure 10-6a(2) by adding the following portion of a sentence: “to include historic parcels and require one Williamson Act contract for each parcel or for each group of contiguous parcels that are owned and managed as one unit.”
• CO8
  a policy that new development pay its fair share through development impact fees
• CO9
  additional changes were made in the document as concurred to during the process
• CO10
  Sarah Williams advised that the issue of tracking the change of twenty versus ten acres is also on the list. Supervisor Bibby noted that this will be reviewed during the annual review of the Plan. Chair Stetson asked that time be given for Planning staff to review the changes made during this hearing to make sure there are no outstanding issues. Supervisor Turpin reiterated his previous request that there be a good definition for “hillside” and “ridge top” and questioned whether this should be included on the list for future consideration. Andy Hauge advised that this is covered in the policy requiring the standards to be developed. Chair Stetson advised that any editorial or spelling corrections should be given to Planning. County Counsel noted that the changes would need to be provided during the hearing. Kris Schenk advised of a couple of technical corrections: there was a reference to the Merced River Plan and they would like to delete these kinds of technical references in the Plan. He suggested that general direction be given for staff to make technical editorial changes that are found that need to be made for the purposes of clarifying the meaning of the Plan and that do not change the intent. The Board concurred. 7:34 p.m. Recess 7:59 p.m. Chair Stetson advised that there is one more issue to be discussed for clarification. County Counsel advised that he was approached by Rita Kidd during the recess, and she levied a charge that when Attorney Starchman Bryant was assisting staff with a language change that maybe the Board’s intent with page 5-45 somehow didn’t get clearly stated. She has also stated that they will be filing letters tomorrow if this doesn’t get addressed, from themselves and Farm Bureau and others challenging the process because they feel that something took place outside of the public hearing. He believes that the Board can look at the page prepared by staff with the suggested changes, item 5-45, and he advised that the specific charge is that by dividing the sentences and not having the conditional use permit continued to the second sentence, that the door is opened to the creation of resorts as a permitted use without that restriction. He noted that the restriction was in the original language. He asked that the Board give direction to staff, uninfluenced in this process or by any taint, as to what its desire is for this section. County Counsel advised this should cure and remove any of the taint that is attached to it – it will be purely the Board deliberative process and direction to staff, and staff may have some suggested language if it is the Board’s intent to have something other than what is on the print out of changes that have been directed so far. Discussion was held relative to the language. Supervisor Stetson said he didn’t realize that the language change was taking the resort and visitor uses out of the conditional use permit and discretionary review; and he agreed with revisiting this section. Supervisor Pickard stated he believes the intent all along has been that these would be conditional uses in the Agriculture/Working Landscape Land Use Classification and he feels the intent should be clarified. Andy Hauge advised of the following changes that were requested: the first change that was asked for was the way it read is that the churches and organizational camps had to be secondary to agriculture, so the recommendation is to put a period after “conditional use” and it doesn’t have to be secondary to agriculture; 7 12-6-06 the second change is in the second sentence to make sure that resort and tourism uses have to be related to agriculture and that discretionary permits be required; and the third change is to note that agri-tourism, when in conjunction with agricultural uses, is a permitted use. Andy Hauge read the revised language into the record: “In addition to the traditional uses within the classification, the County permits through a discretionary review (a conditional use permit) churches and organizational camps. In addition the County permits through discretionary reviews (a conditional use permit) the creation of resort or visitor uses which are secondary to the primary uses of agriculture, timber and mining production. Agri-tourism is a permitted use when in conjunction with a primary agricultural production of the property. Such agri- tourism uses support the County’s goal of encouraging agricultural and regional visitor business uses.” Supervisor Stetson asked about guest ranches and dude ranches, and further discussion was held. Andy Hauge advised that guest ranches are described in the Code as a conditional use and that use does not need to be listed in this section. The Board concurred with the language as read. Supervisor Pickard initiated discussion relative to the request to consider changing a footnote on page 5-12 of the November draft of the Plan to include Yosemite West to that category. He noted that other special planning areas and community planning areas were not included; and he asked staff to provide input on this matter. Andy Hauge advised that the footnote is related to Implementation Measure 5- 4a(3) that all community plans should include land area to accommodate local rural home industry that outgrow their home-based location. The footnote was added by the Planning Commission and concurred to by the Board, that in the two town planning areas of Wawona and Fish Camp, that those are tourism communities and therefore, it is not required. At one time this was a “shall” so that footnote was to take care of the “shall.” Now the Board has changed it to a “should” so the footnote is not as important. Discussion was held. Supervisor Pickard referred to page 5-25, which talks about describing the Yosemite West special planning area, and questioned whether this language captures the resort homes/transient rental uses that have taken place in Yosemite West. Kris Schenk stated he feels this language captures those uses; and he noted that this description was written and has not been modified since 2001. He feels that when the Board is finished with the Yosemite West Special Plan and the outcome of that Plan has been determined, it might be appropriate to come back and look at this language and perhaps some other related language and make sure that what is in the General Plan accurately describes the outcome of adopted Yosemite West Special Plan. Further discussion was held and Supervisor Stetson suggested that the footnote could be removed. Supervisor Fritz suggested that this issue be added to the list for future consideration after the Yosemite West Special Plan is adopted. Andy Hauge advised that this may be covered by State law; and he advised that when the Special Plan is adopted, it will need to be reviewed with the General Plan for consistency and appropriate adjustments will need to be done. No changes were made. County Counsel recommended that time be allowed for Planning to print out an updated list of the changes that have been agreed to, and that the Board take action to direct that the recommended changes be made to the Plan. 8:20 p.m. Recess 8:32 p.m. Chair Stetson advised that updated list of changes, consisting of seven specifics, has been provided to the Board for review. County Counsel outlined the following as recommended action: direct staff to include the seven updated actions from today’s hearing as set forth on the list that was provided. Supervisor Pickard asked whether the motion should include the other recommended revisions that have been concurred to during this process. Andy Hauge noted that the Board did not make a motion on the items that were approved during the December 5th workshop; and he feels that it would be appropriate to concur that the base is the November version of the General Plan and that the revisions from the December 5th workshop and the revisions from today’s hearing consist of the General Plan. 8 12-6-06 (M)Pickard, (S)Fritz, the Board ratified the changes that the Board discussed and recommended for adoption into the General Plan from the December 5th memorandum as well as the updated list of revisions for this hearing/Ayes: Unanimous. Andy Hauge advised that staff reviewed the revisions that were made tonight and there are no new impacts, and the EIR does not need to be modified and it adequately discloses the affects of the Mariposa County General Plan. Discussion was held relative to the process at this point. County Counsel advised that the next step in the process if the Board wishes to move forward is to certify the EIR and adopt the necessary findings to do so, adopt the General Plan and the mitigation monitoring and reporting program, and direct staff to bring back a resolution with the necessary findings and a statement of overriding considerations. If this action is taken this evening, he anticipates that this matter could be calendared for the December 12th meeting in case there is something that needs to be reviewed; and on that agenda, we would indicate that the 12th meeting would be continued to December 18th, so that the resolution could be made available to the public and to the Board. The resolution could be adopted on the 18th. Discussion was held relative to scheduling this for Monday, December 18th versus December 19th. County Counsel advised that there will be public comment allowed on the resolution alone and not the matters that have been decided; and staff feels that the 18th may be more appropriate given the agenda for the 19th. (M)Pickard, (S)Turpin, direction was given to staff to bring back a formal resolution certifying the EIR for the Mariposa County General Plan and adopting the Mariposa County General Plan with findings of fact, mitigation and monitoring measures reporting program and statement of overriding considerations; finding that the final EIR has been completed in compliance with CEQA and finding that the final EIR reflects the lead agencies independent judgment and analysis of CEQA guidelines section 15090; and that this be set for next available meeting of December 12th. Board members commended everyone that has worked on this document over the last few years, including previous Board members, Planning Commissioners, staff, consultant, and the public. Ayes: Unanimous. 8:47 p.m. Adjournment Respectfully submitted, MARGIE WILLIAMS Clerk of the Board 9 12-6-06 MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA December 12, 2006 Time Description 9:05 a.m. Meeting Called to Order at the Mariposa County Government Center Marjorie Wass, Treasurer, Tax Collector, County Clerk, led in the Pledge of Allegiance. Introductions Lee Stetson, Board of Supervisors, Chairman; Resolution and Tile Plaque Recognizing Marjorie J. Wass Upon her Retirement as Mariposa Treasurer/Tax Collector/County Clerk BOARD ACTION: (M)Bibby, (S)Turpin, Res. 06-562 was adopted and presented to Marjorie Wass along with a tile plaque/Ayes: Unanimous. Marjorie Wass thanked everyone and her staff; and read a poem, entitled “Tomorrow.” 9:26 a.m. Recess 9:48 a.m. Public Presentation: For Non-Timed Agenda Items including Attention, Information, and Consent Agenda, and for Items Not on the Agenda Mikel Martin, Unit Chief for CDF (California Department of Forestry), advised of staffing changes for their stations in the County to include permanent employees on a year-round basis. Discussion was held. Paul Chapman referred to Consent Agenda item 4 – agreement with John Hardaway and Custom Weed Control and item 12 – letter of support for a Leading Edge Yellow Star Thistle Control Grant application; and he requested support for eradicating the puncture vine on Ben Hur Road. He further stated he feels the noxious weed program is a waste of money and it would be better to let the native grasses grow. Barry Brouillette thanked the Board and staff for getting the General Plan Update to where it is today. He referred to the minimum lot size issue and his previous discussions with staff and stated he still has concerns on this issue. Approve a Letter to Yosemite National Park Superintendent Tollefson Supporting a Possible Acceleration of the Timeframe for Either a Short-Term Fix or for a Major Reconstruction of the One- Mile Segment of the El Portal Road from Big Oak Flat Road Intersection to the Pohono Bridge (Supervisors Stetson and Pickard) BOARD ACTION: (M)Pickard, (S)Bibby, Res. 06-563 was adopted approving the letter. Supervisor Bibby noted that there was a new draft letter provided to the Board. Chairman Stetson called for input from the public: Leroy Radanovich, Interim Tourism Coordinator, stated he feels the point is that the Park Service has declared this portion of road to be dangerous with eminent potential of failure and he asked who assumes the liability. He suggested that the request be for immediate repairs to ensure that the road is no longer dangerous in the interim of the permanent reconstruction. Dick Hutchinson referred to the mention at a meeting of the culverts on the road that are cracking; and he stated he feels that we need to keep pressure on this matter to get the road fixed. Supervisor Pickard advised of discussions with Superintendent Tollefson and Congressman Radanovich on this matter. The motion was amended, agreeable with the maker and second, to include in the letter that it is imperative that health and safety not be jeopardized throughout this process and for the letter to be distributed to our legislators/Ayes: Unanimous. Supervisor Bibby noted that individual comments are also allowed. Board Information Supervisor Bibby advised that she missed the First 5 meeting on Monday as she had the flu. She plans to attend the Foreign Trade Zone meeting in Fresno on Wednesday and the Community Action Agency meeting on Thursday at Lake Tulloch. Supervisor Fritz commented on the Merry Mountain Christmas event. She noted that she attended the Community Concert on Monday at the High School. She is expecting her seventh grandchild on Thursday. She advised that Don Haag is at a rehabilitation center in Fresno recovering from a stroke. Supervisor Turpin advised that the Red Cloud Library Christmas Home Tour was a success. He plans to attend the Community Action Agency meeting on Thursday, and the Forest Service OHV (off- highway vehicle) meeting in Groveland on Thursday evening. He noted that Coulterville will be holding Christmas events on Saturday. Supervisor Pickard advised that he plans to attend the RCRC (Regional Council of Rural Counties) meeting in Sacramento on Wednesday, and the Environmental Services JPA meeting and the Bio-Diversity Council meeting. Supervisor Stetson advised that he plans to attend the El Portal Advisory Committee meeting this evening. On Wednesday, he plans to attend the Mountain Valley Emergency Medical Services Agency meeting at Lake Tulloch. Approval of Consent Agenda (See End of Minutes) BOARD ACTION: Supervisor Bibby pulled item 4. Supervisor Pickard pulled item 3. (M)Bibby, (S)Fritz, the balance of the items was approved. Supervisor Pickard noted that the draft letter was added to the packages for item 12. Ayes: Unanimous. Consent Agenda item 3 – approval of the Wawona Town Planning Advisory Committee by-laws. Supervisor Pickard advised of a concern he received relative to including the secretary as an officer. Thomas P. Guarino, County Counsel, advised of his review of this issue; and he advised that the Ordinance that was previously adopted concerning town planning advisory committees does not preclude the secretary from being an officer. (M)Pickard, (S)Fritz, item 3 was approved as recommended by the Committee and reviewed by staff/Ayes: Unanimous. Consent Agenda item 4 – agreement with John Hardaway and Custom Weed Control for implementation of the noxious weed work plan. Supervisor Bibby clarified that this is separate from the Public Works weed spraying program; and she noted that the exhibits to the agreements need to be marked as Exhibit “A.” She initiated discussion relative to including in the Exhibit the requirement that the contractor provide information to Public Works on the spray application. Cathi Boze, Agricultural Commissioner, advised that the information is being provided on the program, and provided information on the program. Supervisor Bibby advised that she is okay with the current language as long as information is shared with Public Works. (M)Pickard, (S)Turpin, item 4 was approved/Ayes: Unanimous. Dana Hertfelder, Public Works Director; A) Waive First Reading and Introduce Ordinance Amending Section 14.05.050 of the County Code regarding the Fleet Services Policy Concerning Vehicles that need Major Repairs and Adding Section 14.05.060 to Chapter 14.05 of the County Code to Address Financial Responsibility for Vehicles Damaged in Accidents; and Deleting Section 14.11.010 of Chapter 14.11 of the County Code Regarding Determination of Damages BOARD ACTION: Discussion was held with Dana Hertfelder. Supervisor Bibby asked whether the departments included these changes in their budgets. Supervisor Pickard asked the County Administrative Officer to review whether these costs are included in the individual budgets and how the costs are tracked each year. Carl Casey/Public Works Administrator, advised that the Sheriff and Road Departments have line items in for major repairs and accidents. The Fire Department pays directly from its budget versus the fee structure used for the other departments. Chairman Stetson called for 2 12-12-06 input from the public and none was received. (M)Pickard, (S)Fritz, the first reading was waived and the Ordinance was introduced. The Clerk of the Board read the title of the Ordinance into the record. Ayes: Unanimous. Chairman Stetson noted that the LAFCo meeting would be held after the following items. B) Waive Second Reading and Adopt Ordinance Approving Minor County Boundary Change Between Mariposa County and Tuolumne County BOARD ACTION: (M)Pickard, (S)Turpin, the second reading was waived and Ordinance No. 1031 was adopted. The Clerk of the Board read the title of the Ordinance into the record. Chairman Stetson called for input from the public and none was received. Ayes: Unanimous. Thomas P. Guarino, County Counsel; Waive Second Reading and Adopt Ordinance Amending Section 2.104.050 of Chapter 2.104 of the Mariposa County Code Entitled “First 5 Mariposa County” BOARD ACTION: Thomas P. Guarino provided input on the request from the First 5 Committee for this ordinance change. (M)Pickard, (S)Bibby, the second reading was waived and Ordinance No. 1032 was adopted. The Clerk of the Board read the title of the Ordinance into the record. Chairman Stetson called for input from the public and none was received. Ayes: Unanimous. Adopt a Resolution Establishing a Health Benefit Vesting Requirement for Future Retirees under the Public Employees’ Medical and Hospital Care Act (PEMHCA), to be Effective January 1, 2007 (County Administrative Officer) BOARD ACTION: Rick Benson, County Administrative Officer, provided input on the request. (M)Fritz, (S)Pickard, Res. 06-573 was adopted establishing the health benefit vesting requirement. Supervisor Bibby asked for clarification that the bargaining units saw the language, and Rick Benson advised that no objections were received. Ayes: Unanimous. Discussion and Possible Further Action Regarding Continuation of the Local Emergency Due to Landslides on Highway 140 Enroute to Yosemite National Park (County Counsel/County Administrative Officer) BOARD ACTION: Chairman Stetson advised of discussions with CalTrans relative to the permanent fix and relative to consideration of modifying the existing bridges to allow for longer vehicles. He advised that CalTrans needs to complete a series of surveys and is expecting another delay in this process to mid-February; followed by 2-3 weeks for final determination of which alternative to choose for the long-term fix. Since his term on the Board expires shortly, he recommended that Supervisor Pickard assist as the liaison in this matter. Discussion was held relative to the matter. (M)Bibby, (S)Fritz, Res. 06-574 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. 11:16 a.m. CLOSED SESSION: Conference with Real Property Negotiator; Description of Real Property: Juanita Moore/SPCA Property on Corner of Bullion Street; Agency Negotiator: Thomas P. Guarino; Name of Party who will Negotiate with County (Not Party’s Agent): SPCA; Closed Session will Concern Price and Terms of Lease/Purchase (County Counsel) BOARD ACTION: (M)Bibby, (S)Fritz, the closed session was held/Ayes: Unanimous. 11:22 a.m. Kris Schenk, Planning Director; LOCAL AGENCY FORMATION COMMISSION (LAFCo) Meeting (See Separate Minutes) 11:52 a.m. Lunch 2:11 p.m. The Board reconvened with Supervisor Bibby excused due to illness. Chairman Stetson announced that no action was taken as a result of the closed session. 3 12-12-06 Dana Hertfelder, Public Works Director; Presentation on the Draft Update of the Mariposa-Yosemite Airport Master Plan BOARD ACTION: Dana Hertfelder introduced David Dietz with Mead & Hunt; and he advised that Gwen Foster, engineer for the project, and Maria Liddle, Airport Manager, were present. David Dietz gave a presentation on the draft update of the Airport Master Plan; and he reviewed the next steps in the process. Discussion was held. Dana Hertfelder introduced the following Airport Advisory Committee members that were present: Jim Secrest, Char Wilson, Turk Turley, Jim Johnson, Joe Coho and Julie Richard; and he advised that Dave Gerken was unable to be present. Input from the public was provided by the following: Dick Hutchinson noted that the County depends on tourism and he stated he feels that the potential for small industry that can use the runway should be reviewed for the Airport in planning for the future. He also noted that the Airport can handle small 10-passenger planes to bring in tourists. Bob McHugh, Aircraft Owners and Pilot’s Association, asked that more details be provided on the safety zones. Turk Turley noted he was the Airport Manager in 1978, and that they have a 19-passenger aircraft that can use the Airport now. He does not feel that they need a longer runway and do not need to study this issue. No action was necessary. Adopt a Resolution to: 1) Certify the Mariposa County General Plan Environmental Impact Report; 2) Adopt the Mariposa County General Plan, with Findings of Fact, Mitigation Measures and Statement of Overriding Considerations; and 3) Repeal the 1981 General Plan (Planning Director) BOARD ACTION: Kris Schenk, Planning Director, advised that this matter was continued from December 6th and the purpose is to provide a formal resolution detailing the findings and statement of overriding considerations for the General Plan Update. He plans to have the formal resolution available by the end of this week for consideration on December 18th at 9:00 a.m. CONSENT AGENDA: CA-1 Adopt a Resolution Amending the Contribution, Under the Public Employees’ Medical and Hospital Care Act (PEMHCA) for the Retirees of Service Employees International Union (SEIU), Local 535 (County Administrative Officer); Res. 06- 564 CA-2 Appoint Cindy Medema to the El Portal Planning Advisory Committee, Term Expiring on February 28, 2009 (Supervisor Stetson) CA-3 Approve the Wawona Town Planning Advisory Committee By-Laws (Planning Director); Res. 06-571 CA-4 Approve Agreement with John Hardaway and Custom Weed Control for Implementation of the Mariposa County Noxious Weed Work Plan and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Agricultural Commissioner); Res. 06-572 CA-5 Approve Public Health Preparedness Comprehensive Agreement for Fiscal Year 2006-2007, Certificate Regarding Lobbying, Certificates Against Supplanting and Similar Documents Pertinent to Fiscal Year 2006-2007 and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Health Officer); Res. 06-565 4 12-12-06 CA-6 Approve Budget Action Transferring Funds within the Seventh Day Adventist (SDA) Camp Environmental Impact Report Fund to Allow for Camp Wawona Community Public Meetings ($2,000) (Planning Director); Res. 06-566 CA-7 Approve Budget Action Transferring Funds within the Tourism Budget to Cover Staff Participation in the National Tourism Association Convention in Salt Lake City, Utah ($850) (County Administrative Officer); Res. 06-567 CA-8 Appoint Jessie Figueroa as a Regular Member and Jim Middleton, Deputy Fire Chief as an Alternate Member to the Regional Advisory Committee of the Mountain Valley Regional EMS Agency, for a Term of 3 Years Expiring December 12, 2009 (Health Officer) CA-9 Appoint John Mock to the Yosemite West District Maintenance Advisory Committee (Supervisor Stetson) CA-10 Approve Amendment Number Five to the Contract for Services with Hauge Brueck Associates, LLC for the Mariposa County General Plan Update, and Authorize the Chairman of the Board of Supervisors to Sign the Amendment; and Approve a Budget Action Transferring Funds within the Planning Department Budget for a Professional Services Agreement Associated with the General Plan Update ($1500) (Planning Director); Res. 06-568 CA-11 Authorize the Chairman of the Board of Supervisors to Sign a Letter to the Governor Requesting that Specific Funding be Restored in the State Budget for Small Counties with No Incorporated Cities (Supervisor Pickard); Res. 06-569 CA-12 Authorize the Chairman of the Board of Supervisors to Sign a Letter of Support for a Leading Edge Yellow Star Thistle Control Grant Application for Funding from the National Fish and Game Wildlife Foundation for this Region (Supervisor Pickard); Res. 06-570 3:07 p.m. The Board recessed in memory of Tammy Lynn Jarrett-Bergman, Patricia Muir Fox, Myron Ellwood Jaenecke, Larry R. Coolidge, and Michael Pollock; and the meeting was continued to Monday, December 18, 2006, at 9:00 a.m. to adopt a resolution to: 1) certify the Mariposa County General Plan Environmental Impact Report; 2) adopt the Mariposa County General Plan, with findings of fact, mitigation measures and Statement of Overriding Considerations; and 3) repeal the 1981 General Plan. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board 5 12-12-06 MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA December 18, 2006 (Meeting Continued from December 12, 2006) Time Description 9:14 a.m. The continued meeting from December 12, 2006 was called to order at the Mariposa County Government Center Pledge of Allegiance Adopt a Resolution to: 1) Certify the Mariposa County General Plan Environmental Impact Report; 2) Adopt the Mariposa County General Plan, with Findings of Fact, Mitigation Measures and Statement of Overriding Considerations; and 3) Repeal the 1981 General Plan (Planning Director) BOARD ACTION: Kris Schenk/Planning Director and Andy Hauge/Hauge Brueck Associates, were present. Kris Schenk advised that this is the end of a rather long process of adopting the new General Plan. He advised that some procedural changes to the formal resolution were distributed and they are available to the public, along with about 45 pages of findings of fact and the statement of overriding consideration which are the basis for the Board’s action to certify the EIR (Environmental Impact Report) in its final form for the General Plan and for adoption of the General Plan itself. He advised that the following five actions are included in the formal resolution:

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