Archived Minutes

August 15, 2005


The meeting was called to order at 9:00 a.m. by Chair, Bart Brown.

Board of Supervisor's Meeting, August 16, 2005

• No agenda was available prior to this meeting.

General Plan Update

• Meeting with Diane Fritz regarding General Plan update. Joan Conlan and Bart Brown discussed MERG's concerns about reduction of Ag Land and Mountain Preserve Land to smaller parcels, enlarging Town Planning Areas, possibility of sprawl along Highway 49N, clustering of homes on lands lacking individual building sites and encouraging development when need is unclear. Supervisor Fritz has not begun to study General Plan and its ramifications and sends any comments that she receives to Planning Department.

National Park Service

• Bart is awaiting word from the NPS planners on a meeting date to discuss upcoming projects.

MERG Website

• Trudy and Kevin are having trouble accessing our website in order to update it and getting it up and running. John Brady, our webmaster is not set to return from his and his wife's Tsunami assignment until October. We will seek help Iron Mountain or other web experts so we can move ahead.

Brown Act

• A question of whether Brown Act legislation applies to 501c3 organizations was raised. The Brown Act exists to insure transparency of all governmental organizations and their decision making processes.

The meeting was adjourned at 10:15 a.m.



August 22, 2005
 

The meeting was called to order at 9:00 a.m. by Chair, Bart Brown.

Guest: Tom Infusino, Environmental Lawyer

Board of Supervisors' Meeting, August 23

• Jill Ballinger of the Gazette to be honored for the newspaper awards recently received.

• Approval of 20 items on the Consent Agenda

Website:

• Mike Bird of Iron Mountain will be contacted for help.

• Karen Dusek of the Gazette has agreed to write another article about the General Plan. The article when published should appear on our Website.
  
  NPS Planners:
   

• Agreed to meet with us, date not set.
  
  Adopt-a-Highway:
   

• Our sign has reappeared with initials only, not the group name, and we are due to clean up again, possibly the September 19.

General Plan:

• MERG representatives have met with all but one of the Supervisors on the General Plan addressing our concerns and alternatives.

Tom Infusino joined our discussion. Some of his suggestions follow:

• Appeal to town areas to learn their goals.

• Check to see if there is a Scenic Corridor, as planning should be consistent with that.

• We should get a blank map and draw zoning as we think best with a sequence of general plan alternatives, policies, map.

• We might look at other small counties and study their general plan.

• Mitigations such as ground water, habitat, traffic, etc. should be studied as CEQA forbids ignoring mitigations.

• If county continues to grow, restraints to growth should be considered, e.g. water, roads, schools and other necessary services.

• Numbers and locations of historic parcels must be identified to look at how they might be put to use.

• Affordable housing should be included as part of the housing element. The state has programs designed for affordable housing.

The meeting was adjourned at 11:40 a.m.



August 29, 2005

The meeting was called to order by Chair, Bart Brown, at 9:05 a.m.

Board of Supervisors

• No meeting on Tuesday, the 5th Tuesday of the month.

Meeting with Yosemite Planners

• They will meet with MERG on September 12 regarding the Tuolumne Plan.

Mariposa Creek Trail Grant

• Marilyn Liddioff, Mariposa Economic Development Department, wishes to work with MERG on a grant for the Mariposa Creek Trail.

General Plan

• Sierra Nevada Alliance has funds for mapping wildlife populations and corridors. The mapping would be done by Green Information. The mapping would be costly. We plan to continue looking for other sources of information that might be done routinely, such as the Department of Fish and Game.

• MERG will obtain a blank planning map for Mariposa County which we will use to draw in our recommended zoning.

Draft NPS Management Plan

• Information about a possible change which would increase recreational activities within National Parks has been circulating. Len MacKenzie referred MERG members to a website to see the disturbing proposed changes: www.npsretirees.org.

Website

• Mike Montoya of Iron Mountain Systems assisted Trudy Williams and Kevin Bowman in entering information on to the MERG website, (www.merg-mariposa.org). Bart Brown and Joan Conlan will check the changes for approval relative to MERG's plans for the website.

PEER (Public Employees for Environmental Responsibility)

• Bart shared some of the articles from the current PEER publication: A new policy forbidding biologists from using wildlife, genetic studies to protect endangered species; A whistleblower who exposed scientific fraud regarding the Florida Panther Recovery Program and was fired has been restored to his former post; Threatened Wetlands;

Economic Development Commission Report

• Sylvia Boyd and Shirley Schmelzer reported on a presentation made by Dieter Dubberke about his plans for the 2500 acre Von Der Ah property above the high school and around the reservoir near Mariposa town. He has donated 7 acres to the high school, plans to develop 6-8 20 acre lots and 25-50 quarter acre lots. He also plans a general commercial area near the reservoir.

The meeting was adjourned at 11:15 a.m. There will be no meeting on Labor Day, September 5, 2005. The next meeting will be on September 19 at the Brown's, starting with road cleanup at 8:30 a.m.

September 12, 2005


The meeting was called to order by chair, Bart Brown, at 9:00 a.m.

Board of Supervisors

• No available information for the September 13, meeting.

General Plan

• The revised appendix for the current update and the EIR will be available on September 30.

• Len and Joan met with Supervisor Pickard to discuss the General Plan Update. Supervisor Pickard disputed our figures on proposed rezoning of Ag and Mountain Preserve land. The statistics in our overview of major plan changes came from the Planning Department and Assessor's Office. He favors some light, industrial development along Hwy. 49N and around the airport. Zoning for light industrial already exists closer to Mariposa town such as Bardini's property, near the Fairgrounds and Bootjack. We reiterated our major concern that land within town planning areas be developed leaving open space in between, in an attempt to maintain a rural feeling within the county and to avoid sprawl.

National Park Service Planners

• Four members of the planning staff asked to meet with the MERG board to review current planning projects and some future ones. Those present included Linda Dahl, Chief of Planning (a new position in Yosemite); Jen Neresian, Public Outreach; Christina Rylands, Program manager; and Mark Butler, Environmental Project Manager.

• Issues discussed were concerns from the Valley Plan about commercialization, out of valley transportation and shuttle bus plans. Our guests noted that visitor tastes are changing in all the parks. The length of stay is shorter and the NPS is losing interpreters as new technology is leading to the development of self guided tours.

• Camp 6 parking plans are currently on hold.

• The changes to the Valley Plan and the River Plan have required some amendments to the General Management Plan update.

• Yosemite's number of tour busses which had been at 92 per day in high season has decreased to 38 per day.

• Carrying capacity is to be estimated by a study method using indicators, standards and monitoring.

• Protecting resources uses an assessment of "outstanding remarkable values" which are classified as biological, recreational and/or historical.

• Day Use Systems are being looked at park by park. A decision to move to such a system would require an EIS or an EA.

• The South Fork Bridge, damaged in the flood, is under construction as the court allowed it to proceed. It will be a span without piers.

• Project priorities if the injunction is lifted: Yosemite Lodge; Yosemite Village; congestion at Yosemite Falls; interim bus parking; shuttle busses; Camp 6; East Valley Campground.

• Increased housing out of the park will continue with a interim limit of 2000 employees in the park.

• Linda Dahl, Chief of Planning, hoping we can meet more frequently.

The meeting was adjourned at 12:15 p.m.



September 19, 2005


The meeting was preceded by MERG's Adopt–A-Highway clean-up. Our stretch of highway is in Mt. Bullion.

The meeting was called to order by chair, Bart Brown, at 10.30 a.m.

Board of Supervisors

• No available information for the September 20, meeting.

General Discussion

• Recap of last week's meeting with Yosemite planners. No decision on how frequently we might meet with them.

• Possible move to protect the tiger salamander, vernal pools and the red-legged frog.

Economic Development Committee Report

• Discussed possible businesses that the committee thinks appropriate for Mariposa County: computer manufacturing and other related business; tourism; drawing more retired people to county; performing arts center for theater, music, etc. The EDC sees a need to involve the general business community in this planning. There is a rumor that a "Subway" fast food restaurant is coming to Mariposa.

The meeting was adjourned at 11:35 a.m.

October 17, 2005


The meeting was called to order by Bart Brown, Chair, at 9:00 AM.
 

General Plan
 

• Karen Dusek wrote an article about the General Plan for  the October 13 Gazette.  It did not include our web site information.
• The comment period for the general Plan may be extended beyond the
  November 15 deadline, but not for the Draft Environmental Impact Report. Tom Infusino, attorney, advised us to make our comments early, as those made at the last minute are not significant.  A supplemental EIR may be done.
• Our concerns:  Open space between communities; landscape protection from fire around communities as well as individual homes; stronger building requirements for parcels, proven water, successful perk test, roads, etc.; affordable housing; zoning changes; air quality; road and highway expansion and improvement; impact fees; allowable and controlled development, additional units on a parcel; building on the 100 year flood plain;
  enforcement of codes; landscaping---resources such as minerals, wildlife habitat, wildflowers, water supply and soil quality should be mapped and protected; night sky initiative; land for public facilities; establishment of emergency standards; clustering because of poor land; possible mitigations.
• Our priorities: influencing positive change in General Plan; identifying problems with the DEIR; moving county from vague procedures to specific ones.

The meeting adjourned at 11:46 AM.

October 24, 2005


The Meeting was called to order by chair, Bart Brown, at 9:05 AM.

Board of Supervisors Agenda, October 25

• Total waste charges to increase 2%
• Landfill need for emergency funding
• Report on reorganization of Child Support Services
• Report on reorganization of Human Services
• Auditor’s Department

National Park Service

• Yosemite National Park has not released the record of decision on the River Plan. Greg Adair sent filings. He will move to strike Tollefson’s declaration on the grounds that it contains no facts. The court hearing will occur today at 2:00 P.M.

General Plan

• Dick and Bart will meet with community group in Mount Bullion regarding their community and General Plan.
• We studied and discussed Chapter 5 in the DEIR. Our conclusion was to support Alternative 3 with mitigations.
• We discussed making the rounds of Supervisors and the Planning Commission to express our hopes for the General Plan. We plan to make a map of our suggested Plan, Enhanced Alternative 3.
• Building Permits. Final ones for 2003 numbered 166 (dwellings and mobile homes). This indicates a growth rate of 2.2%, unless some had two dwellings allowed on a parcel. In 2004 there were 192 permits and so far in 2005, 173, with a projection of 230 by the end of the year, a growth rate of 3.1%.
• “One Pager”, a proposed mailer to voters in Mariposa, indicating our concerns about the General Plan, is being prepared with a cut out postcard to mail to their supervisor. Bart is to send a copy of the “one pager” to Laurie Oberholzer, Tom Infusino and Autumn Bernstein for their comments. Sylvia Boyd suggested that MERG pay for the printing and mailing and send it out next week. We will be sent a working copy by E-mail.
   

The meeting was adjourned at 11:40 A.M.

November 21, 2005

The meeting was called to order by Chair, Bart Brown at 9:05 a.m.

General Plan

• The Draft Environmental Impact Report comment period has been extended to December 17, 2005.

• Referendum/Initiative: A question was raised regarding the number of signatures needed for each to qualify and whether the number is determined by those who have voted in the last election or the number of registered voters. It was suggested to ask Attorney, Richard Taylor, to give us the requirements.

• Meeting with Supervisor Lyle Turpin: He agreed that the plan should keep Mariposa rural. He was unaware that water from the South Fork is not available and that the cost of getting water from Saxon Creek would be difficult and costly. The Plan calls for water to be adequate for a subdivision to get a permit, but without attention being paid to the down slope users. The county is liable for loss of water to down slope users as they permitted the development. It was recommended that the County get an indemnification agreement from developers to avoid a suit against the County.

• Planning Commissioners: MERG is in the process of arranging such meetings.

• Ag Advisory Committee: Larry Mack has resigned from the Farm Bureau. We should be aware of people with background and interest to replace him.

• Autumn Bernstein of the Sierra Nevada Alliance has suggested finding a good speaker for a fundraiser for MERG’s expenses in encouraging the public to become aware of the importance of a General Plan and the adverse consequences they may face for the next 20 years if they are not involved in the process. We have paid Tom Infusino, our attorney, $975, and Laurie Oberholtzer, land use planner, $1000 so far. The cost of printing and mailing the General Plan mailer was $2310, with considerable time and effort donated by Autumn Bernstein of the Sierra Nevada Alliance. We continue to send out mailers to people not in our original listing or with incorrect addresses.

A meeting with Lee Stetson has been set up for December 9 at 2:00 p.m. additional meetings shall be set up with Planning Commissioner, Denise Ludington, and Supervisors Bibby and Fritz.

The meeting was adjourned at 1040 a.m.

November 28, 2005

The meeting was called to order by Chair, Bart Brown at 9:05 a.m.

Referendum/Initiative The Purpose of a referendum is to overturn a Board decision and bring forth a new plan. An initiative must force a special election or postpone it for the next scheduled election.

General Plan

• Ted Selb of Merced Irrigation District is interested in the comments on water in the Draft Environmental Impact Report (DEIR). It was suggested that he also familiarize himself with the county map concerning potential water demands.

•  Water on the North side of the county is a problem for future development.

• Paul Chapman, a local citizen, informed MERG that it will cost $322,000 to extenbd water to the new Baptist church near the hospital and above CDF on Highway 49N. His information was from Public Works.

• The General Plan and the associated map do not match which creates a difficult problem that needs to be corrected if the public is to know exactly what is being proposed.

• MERG Member, Ralph Mendershausen, is concerned about grading which the new general plan does not clarify. Also some people avoid getting a permit, as risking a fine is preferable. And if permits are issued, there is no enforcement. There needs to be better coordination between the Building Department and the Resource Conservation District. Grading information in the General Plan is scattered about, so it was suggested that the CD would be the best way to access it.

• Our comments regarding a previous EIR on the Plan were supposedly lost, but it seems that they were considered “irrelevant”, and discarded.

• Responses received from our mailer: Don Pedro, 9; Hornitos, 8; El Portal, 10; Cathey’s Valley, 25; Coulterville, 19; Yosemite, 15; mariposa, 119; a total of 225. Additional batches are to be mailed out. Dick wanted to include information on our next mailers about the extension of the comment period. Gummed labels will be added in a blank space.

• Our formal letter to the Board will include Laurie’s comments and Tom’s legal advice.
   

Pendola Gardens: Mr. Tauchin, the owner, wants to subdivide his large parcel of property into 5 acre lots. There is opposition by those who would like to preserve the area because of it’s natural beauty.

The meeting was adjourned at 11:50 a.m.
 

December 5, 2005

The meeting was called to order by Chair, Bart Brown, at 9:15 a.m.

Board of Supervisors
 

• Items from the December 6, 2005 Agenda:Support for biomass project; Questions were raised about where the material is coming from and where will the biomass facility be located. Apparently the material will come from other counties and the location is unknown.
• Fee increase at Fisk Sanitary Disposal;
• $53,000 contract for public relations;
• FERC licensing of County Water Agency;
• Hire lawyer to handle water rights agreement;
• Development of Impact Fee;
• $20,000 for website consultation;
• Office space for the Grand Jury;

General Plan
 

• No response to our registered letter asking for a meeting date with the Planning Department. MERG wishes to discuss whether there will be an intermediate, alternative plan as we prepare to respond if the Supervisors adopt the proposed plan.
• Upcoming meetings with Supervisors: Diane Fritz, 9:00 Friday, December 9; Lee Stetson, 2:00 Tuesday, December 13.
• MERG mailers: 350 mailers were sent to voters with a last name of P – Z. Another 500 will be mailed when stamps and notice of date extension for comments are affixed.
• Bart brown met with Kathy Rigante of Cathey’s Valley, and head of Farm Bureau, who supports our recommendations regarding agricultural land and open space. She would like Bart to give a presentation to the Farm Bureau and was sent copies of Tom Infusino’s and Laurie Oberholtzer’s comments on the General Plan.
• Tom Infusino’s suggestions regarding our General Plan timeline: Send copies of our comments to CalTrans, YNP, Forest Service, Fish and Game and CDF; Take returned mailers (233 at this time) when meeting with Supervisors; Both Tom and Laurie Oberholtzer want pictures taken of Forest Land to be rezoned as AG land; Tom and Laurie are to meet with the Planning Department and Parsons, the County’s consultants.

The meeting was adjourned at 11:00 a.m. to complete work on mailers.

December 12, 2005


The meeting was called to order by Chair, Bart Brown, at 9:10 a.m.

Board of Supervisors: Lee Stetson said that the fee for grading violations was now raised to $2500.

General Discussion Several topics were discussed in the meeting and no action was taken:

• Need for NPS approved user capacity for Yosemite Valley.

• Recent rock fall in the construction area of the Delaware North dormitories, known as a rock fall zone, is of concern.

• Outlook for the river plan in conjunction with the Valley Plan.

General Plan

• Tom Infusino, our environmental lawyer, wants a map of our proposed recommendations for the General Plan. He also wants to collect data on General Plans of other foothill counties. He suggested getting comments submitted on the General Plan and post some on our website.

• Meetings have been held with two supervisors to express and discuss our concerns and recommendations for the updated General Plan. Their positions are unclear.

Announcements

• The county plans a new way around town and which would go behind the high school and come out on Highway 140, near the road to the hospital.

• The planned new courthouse is not viable.

• Sally Punte, a newly elected member of the Lake Don Pedro Community Service District, was given a copy of the MID/Mariposa water contract by a MERG member. It was suggested that this Service District should have a copy of the DEIR.
   

The meeting was adjourned at 11:05.

January 9, 2006

The meeting was called to order by Chair Bart Brown at 9:20 a.m.

General Plan

• MERG Mailers: Money for printing of our mailers is owed to Bart Brown; $449.53 is owed to attorney Tom Infusino; $775.00 is owed to land use consultant, Laurie Oberholzer and $13.38 to Sierra Stationers.

• Meeting with Planning Department: Planning Director, Kris Schenk, agreed that Mariposa town's proposed size should be reduced, as should the size of Greeley Hill; Pendola Garden's zoning should remain as agriculture; A number of "should dos" in the General Plan shall change to "shall do"; A range of sizes, 5-160 acres, is preferable in residential zones.

• Smith and Goodwin are consultants hired to develop a system for impact fees in Mariposa County.

• Schenk reminded us that to have our views heard by the Board of Supervisors requires sizeable support at Board Meetings.

• Tom Infusino's recommendations: Continue to lobby the supervisors; Oppose the 2 1/2 acre zoning in Cathey's Valley; Tour the areas we are concerned about; get more people to meetings; Bring to Firesafe Council's attention that sprawl would be indefensible in case of fire.

• MERG's Comments regarding the General Plan: Kathy Righante took our comments to advise the Farm Bureau. Sylvia shall take them to the next EDC meeting. Present them to Future Farmers of America and the 4H Club. Make presentations to Tourism Director, Susan Crain; the Chamber of Commerce; Realtors; Democratic Club; the Arts Council and the RCD.

• Green Info: New maps have been ordered and when received should be used to compare the existing map with the proposed for Greeley Hill, Don Pedro and Mariposa.

• Meeting with supervisors: Friday night Airport Meeting with Supervisors Turpin and Bibby.

Agricultural Advisory Committee Meeting

• Williamson Act Renewals: Reddington Ranch, which we know as Hewlett Packard property and is adjacent to Cunningham Road, is applying for certificates of compliance for parcels throughout their property. Historical parcels are not subject to the Subdivision Map Act.
   

MERG Newsletter:

• This year's newsletter from MERG will be sent to those who returned mailers to us. In addition to covering the year's highlights, we need to focus on our work on the General Plan and seek new members and/or contributions to help cover expenses that MERG has incurred. Bring thoughts on other topics to include at our next meeting.
   

The meeting was adjourned at 10:55.

January 16, 2006


The meeting was called to order by Chair, Bart Brown, at 9:05 a.m.

General Plan

• There was a meeting at the airport regarding the General Plan. Supervisor Bibby was not able to attend; Supervisor Turpin was present. Those attending did not seem interested in the Plan as a whole but only about their own land and subdivision concerns. They are not well informed on the process of developing and reacting to a Plan which will affect them for the next 20 years. The question of the Tauchin land going back to agricultural zoning was not clarified.
• County Planning/Reddington Ranch Appeal: There is to be a hearing by the Planning Commission on Friday, January 20 The appeal is to allow certificates of compliance to be issued. The lawyer for Hewlett Packard denies that there is a project or that CEQA should be involved. Our support of the Planning Department’s decision is needed in attending the meeting.
• MERG members are meeting with Supervisor Stetson on January 19 at 11:00 a.m. and with Supervisors Fritz and Turpin at 1:00 p.m.
• John Croll plans to write an article for the paper on the General Plan. He was sent some facts and figures.
• The Mariposa Democratic Club has requested a presentation by MERG on the General Plan.
   

The meeting was adjourned at 11:30 a.m.

January 30, 2006

The meeting was called to order by Chair Bart Brown at 9:10 a.m.

The Board of Supervisor's will not meet tomorrow as it is the 5th Tuesday of the month.

Meeting with Candy O'Donnell-Brown concerning Economic Development Committee and the General Plan

• The EDC is interested in meeting with MERG to share ideas, look at our values, in a way similar to the visioning process of several years ago; The General Plan calls for an economic strategy;
• Discussed MERG's desire to avoid sprawl by reducing the current plan's giant town areas, leaving open space and ag land.
• As a resident of Midpines, O'Donnell-Brown was interested in its boundaries and what the Planning Department has in the General Plan. Midpines does not want the large town planning area indicated on the County map. They want to keep the forest land, perhaps by trading parcels. MERG opposes changing forest land from 160 acres to 40 acres.
• MERG wants a more environmentally friendly plan, opposes the density bonus and more land zoned for industry, as developed areas exist at Bardini's Industrial Park and near the Fairgrounds, and supports impact fees on development.
• The economic development strategy should be completed in two months. The county has money for the plan but wants commercial input.
• EDC has applied for two grants, one for an Economic Development Plan for the county and the other for a drainage study for the Heritage Corridor (Oakhurst to Nevada City along Highway 49). Such an area is endorsed by the Park Service and the grant money is to be used in ways supporting cultural history.
• Other areas of discussion: rural economic zoning on a minimum of 20 acres; the possibility of two meetings between MERG and the EDC, one on the general Plan and the second on economic development; affordable housing.

MERG's Power Point Presentation on the General Plan, prepared by Dick Kuntsman and Len McKenzie will be inaugurated by Bart Brown at the Democratic Club Meeting on February 11.

Dick Kuntsman attended a Board of Supervisors meeting where there was a biomass discussion. He shared his concerns about the conversion figures, the small amount converted to energy and the cost of transporting the waste.

The meeting was adjourned at 11:45 a.m.

February 20, 2006

The meeting was called to order at 9:10 a.m. by Chair, Bart Brown.

General Plan-MERG Activities

• We have now had over 360 returns to our Keep Mariposa Rural mailing.
• Power Point Presentation

Bart and Dick and Alice Kuntsman showed our program to a group of        Cathey’s Valley (CV) residents last week at the home of James and Rita Kidd.  Rita distributed sizable packets of materials for CV residents related to the General Plan.  Rita Kidd suggested that since the Department of Finance bases its growth estimates across the state by “accurate historical numbers”, we might use that description in talking of future growth that we support in Mariposa.  The CV Ad Hoc group members are invited to our meetings.

• Presentation at EDC Meeting is Wednesday, February 22.

MERG Newsletter

Dick Knutsman is to finalize the MERG mailing list.  Bart will pick up the Newsletter from Trudy, when ready, so that we can prepare it for mailing.

Ag Advisory Committee

• There is concern that the Agriculture Advisory Committee voted to approve mining without an EIR.  Long’s Quarry seems to be the area in question and not mineral mining.
• They also approved vineries, but any related concerts or restaurants were not considered.  Wayne Johnson reported that five acres of grapes take 1 million, 200,000 gallons of water per year.

Reddington Ranch

Additional residents are opposing the Reddington Ranch request for Certificates of Compliance for 100 historic parcels, which if granted would allow the parcels to be sold and would release those parcels from Map Act compliance. 

The meeting was adjourned at 10:30 a.m.

February 6, 2006

The meeting was called to order by Chair, Bart Brown at 9:15 a.m.

Planning Commission       

The Planning Commission recently approved subdivisions creating 15 new parcels. They also had a public hearing on a General Plan amendment regarding conditional use permits (CUP) for certain agricultural uses. Ag attendees felt that orchards, Vineyards, row crops and mining should not have CUPs. The Planning Commission voted to return the document to the Ag Advisory Committee for review and editing.  There is general agreement that intensive Ag uses such as hog farms, poultry farms and dairies should have CUPs. 

 Yosemite Planning Director

Linda Dahl, NPS Planning Director wishes to meet with us, but not about the River Plan.  They have some concerns about the Valley Plan.  A MERG member reminded us that the Wild and Scenic River Act has primacy over the Valley Plan which must tier from the WSRA.  Also since the Valley is a flood plain, campsites are far easier to replace than cabins.  Linda and her group would like to talk about the out-of-valley shuttle and bus depot, but not the Lodge, which is also off the table. Before setting a meeting date MERG will request a list of the issues we can talk about.

Newsletter

The group edited our newsletter and made other changes to prepare for publication.

General Plan Power Point Presentation

Dick and Len have been working on a power point presentation which the group reviewed and edited, to present at the Mariposa Democratic Club meeting on Saturday, February 11 at 10:00 a.m.

The meeting was adjourned at 11:40 a.m.

March 13, 2006

The meeting was called to order by Chair, Bart Brown, at 9:10 a.m.


Planning Commission Meeting

• Friday Meeting Agenda: Redington Ranch

Cathey's Valley Chapter of MERG

• Issues discussed with Heather Bernikoff:

            1. Chapter will manage its own issues.
            2. No separate board; will add members to the MERG Board.
            3. Dues will be payable to MERG with suggested donations and optional amounts.
            4. Tom Infusino, attorney, will be sent our bylaws to check on adding a chapter.

•  MERG's questions for Cathey's Valley

            1. What is purpose of 2.5 parcel size?
            2. Role of Cathey's Valley Advisory Committee?
            3. What is their reason for large community boundaries?
            4. Supervisor Bibby recommended buffer zones between developed areas and ranches. Is this        possible?                                                                              
            5. How do they feel about clustering smaller parcels on land with considerable unbuildable land?

• Cathey's Valley questions for MERG:

            1. How would information specifically for Cathey's Valley be disseminated? Would prepare their own newsletter as needed or combine with the MERG newsletter?
            2. Would they be able to use MERG's attorney and planner? They would with local issues having a wider effect on the county.
            3. They wish to build on the "Keep Mariposa Rural" theme and the rule of local self determination.
            4. Are there limits on local activities? Will check with Tom on bylaws and group permission.
            5. Should there be a Hornitos chapter?

It was suggested that Cathey's Valley could make use of the Sierra Nevada Alliance advice. Also suggested was a moratorium on building permits until the General Plan is finished as was done in Amador County.

The meeting was adjourned at 11:15

April 10, 2006


The meeting was called to order at 9:10 by temporary Chair, Len McKenzie.

Cathey's Valley (CV) Community Group Report, by Rita Kidd

• Recently 150 acres were proposed to be developed along half a mile of Old Highway. This could result in 45 - 60 new residences along an inadequate road, causing potential safety problems. The property also contains an Indian cultural site. The Planning Commission approved the development with a 5 foot easement to protect the artifacts.
• At their last meeting 15 residents attended, and they now have 40 residents involved. The formation of a Western Mariposa County Chapter of MERG involving Cathey's Valley and Hornitos was discussed. They also voted to join the Farm Bureau for mutual support.
• The CV Group wants to preserve the present area boundaries until the general plan is completed as a community plan.
• After further organization, they wish to ask the BOS for a moratorium on land development, allowing the Planning Staff to concentrate on completing the General Plan.
• CV is concerned about adequate water for further development. Dr. Martha Conklin, a Mariposa resident and Professor of Hydrology at U.C. Merced, said that a comprehensive water study is needed.
• The next CV meeting will be on April 19th when they hope to discuss the structure for their chapter and a possible board of directors. They have begun work on a newsletter which they wish to publish soon in order to inform all CV residents and stimulate support.
  
  Board of Supervisors
  
   
• MERG members feel that the BOS and the Planning Commission need to study land development on site, in order to get a feel of the potential building site, septic system, water and road problems.
• There is a question of legality regarding the special BOS meeting held on the Monday when Rich Inman was fired.
  
  
  Tom Infusino, Legal Consultant
  
   
• Dick Kunstman will contact Tom Infusino about the proposed moratorium, structure of the CV group and bullets for their newsletter and Autumn Bernstein of Sierra Nevada Alliance for help for CV with their newsletter.
  
  Merced Irrigation District (MID)
  
   
• Sylvia Boyd will contact Ted Selb of MID to meet with MERG and representatives from CV to answer water questions and to set a date for a visit to the facility.
  
   

The meeting was adjourned at 11:00.

April 17, 2006


The meeting was called to order by Chairman pro tem, Len McKenzie at 9:05 a.m.

        Board of Supervisors

• Agenda for Tuesday, April 18, was reviewed by those present.

• Regarding the General Plan, Kris Schenk is working on a plan to match Mariposa's environmentally superior plan. Can this plan be released as a supplement or only as part of the whole plan?

• Dick talked with Tom Infusino and he says that chapters are complicated and a Cathey's Valley/Hornitos Committee would be easier. Someone from there should attend MERG Board Meetings regularly.

• The resolution to approve the reworked Endangered Species Act is to be voted on tomorrow. MERG objects to the weakening of species protection and feels someone should appear at the meeting tomorrow and speak against. Also, a letter from MERG to Senators boxer and Feinstein expressing our opinion that this is just essentially the Pombo bill.
  
  Moratorium

• Would a moratorium be in on area or countywide. All MERG board members preferred countywide. Could there be an exception for a single property owner who plans to live on his property? In Amador county their moratorium was challenged on the grounds that it constituted a "taking" of property and the property owners should be compensated. The judge upheld the moratorium. Pressure would have to be brought on the Board of Supervisors. Tom wants time to think about this. Dick is to call Tom again and ask about a petition to accomplish this and what legal liability there might be to the county.
  
  Announcements

• Watershed Day scheduled for April 22 was canceled because of the closing of their office and the continued rainy weather.

• Mariposa - Clean and Proud Day is scheduled for April 29. This 4th annual litter cleanup on a selected road by volunteers is headed by Chris Todd.

• MID: Sylvia will continue to try to persuade Ted Selb to visit MERG again and answer more questions.

• Sierra Nevada Conservancy workshops are to be held in Jackson on April 25 and in Exeter, on April 26.

• Sierra Land Use Summit will be held on Saturday, May 6 at South lake Tahoe College.

• Our General Plan Power point presentation is to be given next to the Mariposa Lion's Club. Should we request a showing of the power point to the Board of Supervisors?
   

The meeting was adjourned at 10:10 a.m.


 

April 24, 2006


The Meeting was called to order by Chair Pro Tem, Len Mckenzie, at 9:05 a.m.

        Cathey's Valley Meeting April 19 - Heather Bernikoff reporting

• Rita Kidd lead the meeting.

• Their mailer for residents of Cathey's Valley was circulated and would be printed and mailed that week.

• They have requested information from Amador County on moratoriums, where citizens had successfully stopped the issuing of permits for development until their General Plan was completed.

• They want a moratorium on all land use decisions with an exception for individuals who wish to build and live on their land. Besides wanting land use decisions to be held until a new General Plan is passed, this would free up the Planning Staff to focus on the General Plan.

• May 4 will be their next meeting when they hope to have a large meeting and present a petition for a moratorium.

• They intend to have door-to-door presentations with uniform talking points.

• Their organization needs a treasurer and secretary and wants to create a phone bank.

• MERG's lawyer advised the CV/Hornitos group to keep their request to the Board of Supervisors simple. They can present the details when the request goes to the BOS.
  
  MERG/Cathey's Valley/Hornitos
   

• Autumn Bernstein of the Sierra Nevada Alliance suggested that the Cathey's Valley group use a mail house and see about bulk mailing charges. She also will email a copy of the Amador moratorium to the CV/Hornitos group and to MERG.

• Dick Kunstman of MERG moved that MERG create a Cathey's Valley/Hornitos program looking at Local Issues. It was seconded and approved.

• Rita Kidd will continue to head the CV/Hornitos committee and will be the laison to MERG. She was appointed officially by Len McKenzie to be their chair.
  
  General Plan
   

• Len gave a power point presentation to the Lions' Club regarding MERG's position on the General Plan. He received a mixed reception with some hostility from some members.

• Autumn displayed the newest General Plan maps from a consulting group. The "general community" designation includes 5 to 160 acres. Concern was expressed regarding "historical parcels" which can be allowed to be sold and developed at their original size, without having to conform to Map Act requirements. It is a problem in many parts of the county, including Reddington Ranch with over 100 such parcels.

• The importance of an environmental, alternative plan was discussed.

• MERG agreed that a statement about impact fees should appear in the General Plan. How they would work is not entirely clear.

• Autumn's recommendations for MERG include:
  1. Continue power point presentations
  2. Meet with Planning Director Schenk and make an agenda for meeting with him. Capitalize on our relations with the Farm Bureau, looking at what we have in common.
  3. Look for other groups with whom we share some commonality.
  4. Push for an accurate water study in the County.
  
  Board of Supervisors
  
  The Board considered an Endangered Species Act update. Len and Dick opposed the proposed legislation on the grounds that it was a re-write of the Pombo Bill, which weakens the protection of wildlife.
   

The meeting was adjourned at 11:15 a.m.

May 1, 2006

Chair Pro Tem, Len McKenzie called the meeting to order at 9:10 a.m.

Announcements

• Chair, Bart Brown is recovering nicely from back surgery, but slowly.
• The Friends of Yosemite Valley and MERG court case against Yosemite National Park is to be held today in Fresno, though there is a chance it may be cancelled.
• Next EDC meeting is May 24, in the Library meeting room.
• The AG Advisory Committee will meet on May 24.

Planning Department

MERG is meeting with Planning Director, Kris Schenk and Deputy Director, Sarah Williams, Thursday at 2:00, or earlier if possible, regarding the General Plan update.  Some of the topics we intend to cover are:  clustering, impact fees, environmentally superior alternative, Dieter’s development plans above the high school and community plans vs. study areas.

Board of Supervisors

• Tomorrow’s agenda was reviewed and some items discussed.
• An interim CAO is to be appointed.
• Resolution on the Endangered Species Act, which was on an earlier agenda, is to be reconsidered at a later date and on the timed agenda rather than the consent agenda.

May 15, 2006

The meeting was called to order by Chair Pro Tem, Len McKenzie, at 9:00 a.m.

Board of Supervisors

The Agenda for the May 16 meeting of the BOS was discussed.

Committee for the Preservation of Cathey's Valley

Rita Kidd presented a bill for the CPCV’s mailer and postage to MERG

Report and discussion of CPCV’s meeting on May 11:

• The meeting was well attended by 29 people.
• The purpose for the creation of the committee was discussed by the group as was the petition for the development moratorium in the western part of Mariposa County.  The residents of Cathey’s Valley and Hornitos, in attendance, strongly supported the goals of the CPCV.
• Packets with petitions to be signed and presented to the Board of Supervisors were taken by 21 people, and sites for collecting signatures were discussed.
• The Cattlemen’s Association was meeting soon to discuss the concern of its members about proposed development.
• A new coalition for the preservation of farm and range land was being formed and included Farm Bureaus, Fish and Game, Cattlemen’s Association and Sierra Club, among others.

Other Proposed Development

• Fortner property: possibility of condominiums or apartments.
• An application for 81 low income units has been made for an apartment complex next to the Fortner property.

The meeting was adjourned at 11:00

June 4, 2006

The meeting was called to order by Chairman Pro Tem, Len McKenzie at 9:05 a.m.

Corrections to Minutes from May 2

• The Planning Commission meeting was continued to June 23, not June 13.

• The new WalMart facility planned for Merced will be a distribution center, not a store. They currently have a WalMart store.

• The Cattlemen's Association speaker was the Director of the Farm Bureau, not a lobbyist.

Board of Supervisors

• There will be no meeting on June 5 because of the state primary election.

• At the BOS meeting on June 13, during the Public Comment period, the Catheys Valley/Hornitos group will ask for a moratorium on the western area of Mariposa County.

• Supervisor Bibby has questioned the health and safety issues required for a moratorium. Attorney Tom Infusino will be consulted.

• The appeal regarding certificates of compliance for the Redington Ranch to the Planning Commission decision has been continued.

• A second set of 9 denied certificates will go to the BOS. The next step in an appeal process goes to the superior Court.

• There are 70 parcels in the tree sets of certificates of compliance being requested.

• There are threats of a law suit by the lawyers for the Reddington Ranch owners if appeals are denied.

• The AG Advisory Board will support the Planning Department's position.

• There seems to be no consistency among counties regarding regulations for Certificates of Compliance.

• MERG members continue to meet with supervisors regarding General Plan and other issues.

• MERG is encouraging citizens concerned about keeping Mariposa Rural to attend the next BOS meeting.
   

The Meeting was adjourned at 11:07 p.m.

June 12, 2006

The meeting was called to order by Len McKenzie, President Pro Tem at 9:08 a.m.

The MERG Committee for the Preservation of Catheys Valley and Hornitos

• At the BOS meeting on June 12 at 2:00 p.m., the Committee will present their petition of 433 signatures (more still coming in) and make a statement during the Public Comment period regarding their request for a temporary moratorium on building permits not already in the permit process. This would be lifted when the General Plan is finalized.

• One of many reasons for allowing the moratorium would be creating an opportunity for the Planning Department to spend more time on finishing the General Plan.

• Fortner Project: Fortner plans to present his proposal again. There are concerns about endangered species, wetlands, native sites, etc. which may come up before the updated General Management Plan is complete. We shall consult with our attorney about possible legal restraints.

• Len McKenzie will make a statement from MERG before Rita Kidd presents her petition signatures and requests the moratorium. She will also request scheduling a hearing regarding the requests for two weeks from now.

• Hornitos folks will request the formation of a Community Planning Committee.

• It is possible to ask the court for an injunction to force a moratorium. Both lake Tahoe and Amador County did that successfully.

• The Committee believes that Community Plans should be recognized in the new General Plan.
   

Len received an e-mail from Trudy Williams regarding land use concerns in the Lake Don Pedro area. It was decided to invite Millie Beranek who is knowledgeable and active in the area to one of our meetings.

The meeting was adjourned at 11:25 a.m.

June 19, 2006

The meeting was called to order by Chairman, Pro Tem Len McKenzie at 9:05 p.m.

Initiatives, Referendums, Moratoriums

• Initiatives and Referendums are considered "legislative"; therefore, they hold up in court when challenged.
• A referendum is a principle of referring measures being considered or passed by a legislative body to the voters for their rejection or passage.  An initiative is the vote and can lead to an ordinance.  MERG is checking the number of voters necessary when filing a petition for a referendum.
• Our attorney, Tom Infusino, says certificates of compliance have never gone to court, so there is no case law to use as a reference.
• A moratorium is a legal authorization to delay action.  A moratorium on "ministerial" actions is acceptable as Building Permits are considered ministerial.  (Re: Moratorium on issuing new permits on the Western lands of Mariposa County.)

Board of Supervisors

MERG will ask the BOS at tomorrow's meeting to calendar a date for a hearing on the request for a Moratorium

Certificates of Compliance

• Having a Certificate of Compliance (CoC) does not necessarily mean that the parcel(s) contained in it are developable.
• If both elements, "ministerial" and "discretionary" are in a land action involving the possibility of requiring CEQA, the action is considered discretionary under CEQA law.  This came up in the Reddington Ranch's argument before the Board of Supervisors regarding CoC's when the lawyer stated that CoC's are exempt from CEQA.
• MERG wants to consult with our attorney, Tom Infusino, regarding CEQA and other legal advice on options available to us. 

Information

• MERG plans to invite Sally Punte and Millie Beranek from the Northside of the county soon to bring us up to date on any issues in their area.
• A question was raised about the size of Community Planning Areas.  They can be an area as large as 72 square miles, including agricultural land.
• Material on the MERG website requires approval by the MERG Board of Directors.
• There is a new development of about 500 to be built on Yosemite Avenue in Merced.  It will be near the UC campus.
• There is an organization in Merced County called "Citizens for Quality Growth" It is unclear whether in includes any of the surrounding counties.
• There is a new development of about 500 homes coming to Yosemite Avenue in Merced.  It will be near the UC campus.

June 26, 2006

The meeting was called to order by Chairman Pro Tem, Len McKenzie, at 9:15 a.m.

Information