BOARD OF SUPERVISORS COUNTY OF TUOLUMNE January 7, :00 a.m.

Transcription

1 BOARD OF SUPERVISORS COUNTY OF TUOLUMNE January 7, :00 a.m. The Board of Supervisors of the County of Tuolumne, State of California, met in regular session on the foregoing date with Supervisors: Evan Royce, Chair, John Gray, Vice Chair; Sherri Brennan, Randell A. Hanvelt and Karl Rodefer being present. Also present were County Administrator Craig Pedro; Sarah Carrillo, County Counsel; and Alicia L. Jamar, Chief Deputy Clerk of the Board. Supervisor Hanvelt led the Pledge of Allegiance. Melanie Curtis, 4-H Representative for Tuolumne County, addressed the Board on upcoming 4-H events. Elijah Del Rosen addressed the Board in opposition to the upcoming medical marijuana ordinance. Sarah Carrillo, County Counsel, responded to questions from the Board. Vicki Helmar, Agricultural Commissioner/Animal Control Director, addressed the Board and reported on the update on federal funding reimbursement in relation to the Rim Fire and on road bus and truck regulations. Ken Caetano, Assessor-Recorder, announced that Charles Dyer, Archivist, has been selected to sit on the California Historic Records Advisory Board. The Board members and Craig Pedro, County Administrator, commended Mr. Dyer. Mr. Dyer addressed the Board. A member of the public addressed the Board on outdoor cultivation of medical marijuana. January 7, 2014 Vol Pg. 1

2 It was moved by Supervisor Royce, seconded by Supervisor Gray, and carried by unanimous vote, to approve Consent Calendar. 1. Minutes of the meeting held on December 3, Finding that a summary of Ordinance Nos were published December 17, 2013, in The Union Democrat as required by law. 3. Approving the revisions to the Resident Fire Fighter Class Specifications. 4. Adopting Resolution No. 1-14, authorizing the County Tax Collector to conduct a public auction of tax default properties. 5. Adopting Resolution No. 2-14, authorizing the Sonora Sunrise Rotary to close a section of Highway 120 near Chinese Camp for the 29th Annual Orient Express Footrace. 6. Approving the Local Child Care and Development Planning Council's annual Membership Report, authorizing the Chair to sign. 7. Approving the reappointment of James Nuzum to the Historic Preservation Review Commission (HPRC) for a term to expire December 31, Approving the appointment of Alison Daniels as the Real Estate Professional Member on the Tuolumne County Housing Loan Review Committee for a term to expire July 31, The Board heard a presentation of a County Service award to Ken Caetano, Assessor-Recorder for 35 years of service. Mr. Pedro presented the staff report and responded to questions from the Board. The Chair presented the Service Award and commended Mr. Caetano. Ken Caetano, Assessor-Recorder, addressed the Board. No action was taken. January 7, 2014 Vol Pg. 2

3 The Board considered approving a Certificate of Recognition commending Richard Collier on his 17 years of dedicated service to the County as a member of the Tuolumne County Airport Land Use Commission and Airports Advisory Committee. Beverly Shane, Community Resource Agency Director, presented the staff report. Daniel Richardson, Deputy County Administrator, addressed the Board. It was moved by Supervisor Gray, seconded by Supervisor Rodefer, and carried by unanimous vote, to approve a Certificate of Recognition commending Richard Collier on his 17 years of dedicated service to the County as a member of the Tuolumne County Airport Land Use Commission and Airports Advisory Committee. The Chair presented the Certificate of Recognition to Mr. Collier Mr. Collier addressed the Board. The Board considered approving the 2014 County of Tuolumne 5 Year Plan. Mr. Pedro presented the staff report and responded to questions from the Board. It was moved by Supervisor Gray, seconded by Supervisor Brennan, and carried by unanimous vote, to approve the 2014 County of Tuolumne 5 Year Plan. The Board considered approving the 2014 Board of Supervisors Goals. Mr. Pedro presented the staff report and responded to questions from the Board. It was moved by Supervisor Rodefer, seconded by Supervisor Royce, and carried by unanimous vote, to approve the 2014 Board of Supervisors Goals. The Board considered providing staff direction on how to create a draft 2014 Legislative Platform. Mr. Pedro presented the staff report and responded to questions from the Board. Discussion ensued on noted changes. Board consensus to direct staff to return the matter back to the Board on January 21, January 7, 2014 Vol Pg. 3

4 The Board considered increasing the 2014 Community Development Block Grant (CDBG) Application amount for the Tuolumne Utilities District (TUD) Gibbs Ranch Estate Sewer project to $1,500,000 and adding the Amador-Tuolumne Community Action Agency (ATCAA) Housing Stabilization Program in the amount of $500,000 as the third activity. Terry Cox, Cox Consulting, Inc., presented the staff report and responded to questions from the Board. Supervisor Royce declared a conflict of interest and left the dais at 9:55 a.m. Beetle Barbour of ATCAA, addressed the Board. It was moved by Supervisor Rodefer, seconded by Supervisor Brennan, and carried by 4-0 vote, with Supervisor Royce being absent, to approve increasing the 2014 Community Development Block Grant (CDBG) Application amount for the Tuolumne Utilities District (TUD) Gibbs Ranch Estate Sewer project to $1,500,000 and adding the Amador-Tuolumne Community Action Agency (ATCAA) Housing Stabilization Program in the amount of $500,000 as the third activity. Supervisor Royce returned to the dais at 10:04 a.m. The Board considered adopting a Resolution in support of the Association of California Water Agencies Statewide Water Action Plan in California. Daniel Richardson, Deputy County Administrator, presented the staff report and responded to questions from the Board. It was moved by Supervisor Rodefer, seconded by Supervisor Brennan, and carried by unanimous vote, to adopt the following Resolution. Resolution No Supporting the Association of California Water Agencies Statewide Water Action Plan in California. The Board recessed and reconvened as the Tuolumne County Water Agency (Water Agency) at 10:07 a.m. The Water Agency considered adopting a Resolution in support of the Association of California Water Agencies Statewide Water Action Plan in California. Mr. Richardson presented the staff report and responded to questions from the Board. January 7, 2014 Vol Pg. 4

5 It was moved by Supervisor Rodefer, seconded by Supervisor Royce, and carried by unanimous vote, to adopt the following Resolution. Resolution No Supporting the Association of California Water Agencies Statewide Water Action Plan in California. The Water Agency considered adopting the Tuolumne County Water Agency Vision, Mission and Four Water Policy Pillars document. Mr. Richardson presented the staff report and responded to questions from the Board. It was moved by Supervisor Brennan, seconded by Supervisor Rodefer, and carried by unanimous vote, to adopt the Tuolumne County Water Agency Vision, Mission and Four Water Policy Pillars document, with noted changes and recognize that the document will evolve over time. Mr. Pedro addressed the Board. The Tuolumne County Water Agency recessed and reconvened as the Board of Supervisors at 10:27 a.m. The Board reviewed the emergency action regarding the Ackerson Creek Crossing Replacement and considered whether or not there is a need to continue the action. (4/5th vote required for continuation.) Supervisor Royce declared a conflict of interest and left the dais at 10:27 a.m. Beverly Shane, Community Resource Agency Director and Tanya Allen, Senior Civil Engineer, presented the staff report and responded to questions from the Board. It was moved by Supervisor Gray, seconded by Supervisor Rodefer, and carried by 4-0 vote with Supervisor Royce being absent, to discontinue the emergency action regarding the Ackerson Creek Crossing Replacement. The Board recessed at 10:35 a.m. and reconvened at 10:42 a.m. with Supervisor Royce being present. The Board heard a public hearing to consider SDS Ventures, revisions to conditions of approval for Vesting Tentative Subdivision Map (T06-062(1)) creating the Red Tail Subdivision pursuant to the Settlement Agreement and Release of All Claims of January 22, Carlyn Drivdahl, Deputy County Counsel, presented the staff report and responded to questions from the Board. The public hearing was declared open. January 7, 2014 Vol Pg. 5

6 Stephanie Seuss, spoke neither for nor against. Duke York, Deputy CRA Director - Roads, responded to questions from the Board. Ms. Shane responded to questions from the Board. No one else wished to speak, the public hearing was declared closed. It was moved by Supervisor Gray, seconded by Supervisor Brennan, and carried by unanimous vote, to approve removing the light from in front of Ms. Seuss' home. Mr. York responded to questions from the Board. It was moved by Supervisor Brennan, seconded by Supervisor Gray, and carried by unanimous vote, to approve revising the condition of approval Nos , for Vesting Tentative Subdivision Map (T06-062(1)) creating the Red Tail Subdivision pursuant to the Settlement Agreement and Release of All Claims, finding that: A) The Revised Conditions of Approval are consistent with the Mitigated Negative Declaration adopted August 16, 2011; B) The Revised Conditions of Approval are consistent with the Subdivision Map Act; C) The Revised Conditions of Approval are consistent with the Tuolumne County General Plan; D) The Revised Conditions of Approval are in accordance with the Tuolumne County Ordinance Code; and E) The Revised Conditions of Approval are consistent with the Settlement Agreement dated January 22, The Board heard a public hearing to consider John and Trisha Gardella/Resources Exploration and Drilling: 1) Special Ordinance amending Section of the Tuolumne County Ordinance Code by establishing the boundaries of zoning districts under the Tuolumne County Uniform Zoning Ordinance by rezoning acres to O:PD:AP; and 2) Revision to Condition Number 37 of Conditional Use Permit (CUP08-015(4)) for Cooperstown Quarry, restricting nighttime sound-generating activities pursuant to the Settlement Agreement of September 4, Ms. Drivdahl presented the staff report. The public hearing was declared open. John Buckley of Central Sierra Environmental Resource Center (CSERC), spoke in support. No one else wished to speak, the public hearing was declared closed. January 7, 2014 Vol Pg. 6

7 It was moved by Supervisor Rodefer, seconded by Supervisor Gray, and carried by unanimous vote, to approve: 1) the zone change to O:PD:AD, finding that: A) The proposed Zone Change is consistent with the Mitigated Negative Declaration adopted April 5, 2011; B) The proposed Zone Change is consistent with the Tuolumne County General Plan; C) The proposed Zone Change is in accordance with the Tuolumne County Ordinance Code; D) The proposed Zone Change is suited to the uses permitted under the proposed zoning districts; E) The proposed Zone Change is consistent with the Settlement Agreement dated September 4, 2012; and 2) amending condition No. 37 of Conditional Use Permit, finding that: A) The revised Condition 37 is consistent with the Mitigated Negative Declaration adopted April 5, 2011; B) The revised Condition 37 is consistent with the Tuolumne County General Plan; C) The revised Condition 37 is in accordance with the Tuolumne County Ordinance Code; D) The revised Condition 37 is consistent with the Settlement Agreement dated September 4, 2012, and adopt the following Ordinance. Ordinance No A special ordinance amending Section of the Tuolumne County Ordinance Code by establishing the boundaries of zoning districts under the Tuolumne County Uniform Zoning Ordinance. The Board heard a presentation and update on activities of the Sierra Nevada Conservancy. Jim Branham, Executive Director of the Sierra Nevada Conservancy and responded to questions from the Board. Mr. Buckley addressed the Board. No action was taken. The Board heard a presentation and Ceremony of the Kennedy Meadows Transfer. Mr. Richardson addressed the Board and responded to questions from the Board. Randy Livingston, Vice President of Power Generations; Art Baggett, President of the Stewardship Council; Matt Bloom of the Kennedy Meadows Pack Station; Ellie Route, Executive Director of Mother Lode Land Trust; Mike Schonherr of the Mother Lode Land Trust Board; Beth Martinez, Land & Special Uses Officer and Scott Tangenberg, Deputy Forest Supervisor of the Stanislaus National Forest; Jon Otterson, Executive Director of the Tuolumne Band of Mi Wuk Indians; and Kirk Ford, President of the Tuolumne County Resource Conservation District, addressed the Board. No action was taken. The Board recessed at 11:52 a.m. and reconvened at 12:00 p.m. January 7, 2014 Vol Pg. 7

8 The Chief Deputy Clerk of the Board held the election of the Chair and Vice-Chair of the Board of Supervisors of the County of Tuolumne for It was moved by Supervisor Gray, seconded by Supervisor Rodefer, and carried by 4-0 vote, to approve the appointment of Evan Royce as the Chair of the Board for It was moved by Supervisor Rodefer, seconded by Supervisor Royce, and carried by unanimous vote, to approve the appointment of John Gray as the Vice Chair of the Board for The Board recessed at 12:02 p.m. and reconvened at 1:30 p.m. The Chair announced that the 1:30 p.m. item has been pulled off the agenda and will be heard at a later date. The Board members, County Counsel, County Administrator and Chief Deputy Clerk of the Board reported on their respective activities the last few weeks. The Board recessed to Closed Session at 1:45 p.m., to consider 1) Conference with Labor Negotiators: Craig Pedro, County Administrator and Ann Fremd, Human Resources/Risk Manager (Authority: Government Code Section ) - All Bargaining Units, reconvening at 2:10 p.m., the Chair announced there was nothing to report. The Board heard a public hearing to consider adopting a Resolution to authorize the submission of an application to the State's Community Development Block Grant (CDBG) Over the County Program for the Rush Creek Lodge project in the amount of $3,010,000. Ms. Carrillo responded to questions from the Board. Ms. Cox presented the staff report and responded to questions from the Board. The public hearing was declared open. Lee Zimmerman; Brian Anderluf; and Nancy Sikes, Tuolumne County Visitors' Bureau Director, spoke in favor. Mr. Buckley spoke in opposition. Mr. Zimmerman spoke in rebuttal. Mr. Buckley spoke in surrebuttal. January 7, 2014 Vol Pg. 8

9 No one else wished to speak, the public hearing was declared closed. Ms. Cox responded to questions from the Board. It was moved by Supervisor Gray, seconded by Supervisor Rodefer, and carried by unanimous vote, to adopt the following Resolution. Resolution No Authorizing the submission of an application to the State's Community Development Block Grant (CDBG) Over the County Program for the Rush Creek Lodge project in the amount of $3,010,000. The Board heard a public hearing to consider the APPEAL OF THE TUOLUMNE COUNTY PLANNING COMMISSION'S DECISION REGARDING: PORTOLA MINERALS COMPANY/BLUE MOUNTAIN MINERALS, 1) Mitigated Negative Declaration for Conditional Use Permit CUP and Reclamation Plan RP stating the project will not result in significant adverse impacts to the environment; 2) Conditional Use Permit CUP to amend Conditional Use Permit 02CUP-56 by modifying the existing permitted mining boundary to add 27± acres for expansion of the Agricultural Fill area on 348.7± acres zoned AE-37, AE:37:AIR, and O-1:AIR; 3) Reclamation Plan RP to amend Reclamation Plan 02REC-01 to: a) revise the pit phasing to allow for more flexibility in mining due to changing market conditions; b) reconfigure the Agricultural Fill area and expand it by 27± acres; c) revise the final revegetation plan to accommodate the changed configurations of the expanded Agricultural Fill area and the decreased East Fill area, and d) revise the revegetation tree and shrub replacement ratios from 4:1 to 2:1 for valley oaks, 3:1 to 1.5:1 for other species of oaks, and 1:1 for all other tree and shrub species; and 4) Indemnification Agreement for Blue Mountain Minerals, located at Marble Quarry Road. It is a portion of Sections 2 and 3, Township 2 North, Range 14 East, Assessor Parcel Numbers , , , and Adam Paszkowski, Sr. Planner, presented the staff report and responded to questions from the Board. Mr. Buckley addressed the Board and presented the appellant's report. Jeffrey Redoutey, Chief Executive Officer, and Carey Haughy, Geologist of Blue Mountain Minerals, David Temblador, addressed the Board and presented the proposed project. Ms. Shane responded to questions from the Board. The public hearing was declared open. January 7, 2014 Vol Pg. 9

10 John Kramer of Condor Earth Technologies; Daryl Slocum, Tuolumne County Business Council; Frank Helm; Ron Patel, General Manager of the Black Oak Casino Resort; Cory Alexander; Chris Wheat; Mark Ford; Mike Ayala, Executive Director/CEO of the Chamber of Commerce; Larry Jones; Dana Mayo; Ms. Sikes; Hank Russell, Mayor of the City of Sonora; Ron Kopf; Diane Moore of Moore Biological Resources; Dean Fisher; and Andy Heights spoke in favor of the project. Julia Stevens of CSERC; Tom Parrington of the Central Sierra Audubon Society; and Mr. Buckley spoke in opposition to the project. No one else wished to speak the public hearing was declared closed. Discussion ensued. Mr. Paszkowski, responded to questions from the Board. It was moved by Supervisor Rodefer, seconded by Supervisor Hanvelt, and carried by unanimous vote, to approve the project and deny the appeal based on Conditions Nos. 1-14: 1) Negative Declaration, finding that: A) The proposed project will not result in significant adverse impacts to the environment; B) The Negative Declaration was prepared in accordance with the California Environmental Quality Act (CEQA) and State and County guidelines for the implementation of CEQA; C) The Negative Declaration reflects the independent judgment of the County of Tuolumne; D) Pursuant to Section (a)(1) of the Public Resources Code, a reporting and/or monitoring plan has been prepared, as incorporated into the conditions of approval of Conditional Use Permit CUP and Reclamation Plan RP13-001, in order to avoid significant effects on the environment; E) The conditions of approval of Conditional Use Permit CUP and Reclamation Plan RP are roughly proportional to the respective potential environmental impacts associated with the proposed project; F) Pursuant to Section (a)(2) of the Public Resources Code, the custodian and location of the documents and materials which constitute the record of proceedings upon which this decision to adopt the Negative Declaration had been made are as follows: i)clerk of the Board of Supervisors, 2 South Green Street, Sonora, California; ii)environmental Coordinator/Community Resources Director, Tuolumne County Community Resources Agency, 48 West Yaney, Sonora, California; iii) Fire Prevention Division, Tuolumne County Fire Department, 48 West Yaney, Sonora, California; iv) Air Pollution Control Office, South Airport Road, Sonora, California; 2) Conditional Use Permit, finding that: A) The proposed development is consistent with the Tuolumne County General Plan; B) The proposed development is in accordance with the Tuolumne County Ordinance Code; C) The proposed project will not overburden existing municipal facilities; D) The size and terrain of the project site are suitable for the proposed use; E) Under the circumstances of the particular case, the proposed use will not be substantially detrimental to the health, safety or general welfare of persons residing or working in the neighborhood of such proposed use, or be substantially detrimental or injurious to property and improvements in the neighborhood; 3) Reclamation Plan, finding that: A) The Reclamation Plan is consistent with the Tuolumne County General January 7, 2014 Vol Pg. 10

11 Plan; B) The Reclamation Plan is in accordance with the Tuolumne County Ordinance Code; C) The size and terrain of the parcel are suitable for the proposed project; D) The proposed project is consistent with the Surface Mining and Reclamation Act of 1975 (SMARA) and all subsequent amendments thereto; and 4) Indemnification Agreement for this project. The Board recessed at 3:44 pm to Closed Session to consider: 1) Conference with Legal Counsel - Initiation of Litigation (Authority: Government Code Section (d)(4)) One case; and 2) Conference with Labor Negotiators: Craig Pedro, County Administrator and Ann Fremd, Human Resources/Risk Manager (Authority: Government Code Section ) - All Bargaining Units, reconvening at 4:28 p.m., the Chair announced there was nothing to report and adjourned the meeting to the next regularly scheduled meeting on January 21, 2014 at 9:00 a.m. APPROVED: EVAN ROYCE, CHAIR ATTEST: Alicia L. Jamar, Chief Deputy Clerk of the Board of Supervisors W:\MINUTES\MINUTES.14\M \M wpd January 7, 2014 Vol Pg. 11