Mariposa County 2011-2012 - California Grand Jury Reports

April 03, 2012 — Ariposa Ounty

140 pages 1 findings 20 recommendations

Findings & Recommendations 1 findings

F1: Tuesday, March 27, 2012 G. Departmental Presentation For Items within the Jurisdiction of the Board and not on Today's Agenda - none H. Public Presentation Board of Supervisors April 3, 2012 For Items within the Jurisdiction of the Board and not on Today's Agenda (Speakers Limited to Five Minutes) Mike McCreary, member of the Association of California Health Care Districts, urged the Board’s support of AB 2096 (Perez) which would allow District Hospitals to access funds that are available to other hospitals. Supervisor Cann asked that a list be provided of where the letter should be sent. Chair Bibby asked the County Administrative Officer to prepare an agenda item for the Board to take action to support this legislation. Kathy McCorry, Executive Director of the Mariposa County Chamber of Commerce, advised of the April 12th/District 5 and April 17th/District 2 supervisorial candidates’ nights they are hosting; April 27th Branding Party to celebrate the remodel of the Mariposa Visitor Center; and of the April 24th business after hours mixer. She asked about a letter from the Butterfly Festival concerning the status of 7th Street, and noted that the event is to promote the community and to bring business to the downtown area. Rick Benson/County Administrative Officer, advised that this matter was brought to his attention on Monday and he checked with the affected departments and as far as he knows, that no one from the County asked that 7th Street be kept open. The Board previously approved the request from the Butterfly Festival to close 7th Street for the event. Bob Kirchner, 2012 President of the Mariposa County Chamber of Commerce, invited everyone to see the remodeled Visitor Center; and he advised that a film crew of graduate students from San Diego State University will be in the County on April 13-16. Lester Bridges, Mariposa County Chamber of Commerce, advised of the status of visitation at the Visitor Centers; and he noted that there are a lot of events scheduled in the County during April. He advised that the Chamber’s website had 2.2 million hits last year. He advised of the upcoming candidates’ night; and thanked the Board for its continued support of the Chamber. Marvin Wells commented on his visit with his grandchildren over the weekend; and he wished everyone a Happy Easter and to remember why we celebrate Easter. Eleanor Keuning, as a member of the Mental Health Board, expressed concern with the Mental Health Board meeting being moved from Thursday to Friday, which is “Good Friday” this week. She referred to the film crew coming to Mariposa and commented on the events scheduled for those days. She referred to the Chamber’s Branding Party and noted there is a display at the History Center, along with barbed wire. Ray Westmoreland, representing the Mariposa Patriots, stated he would like to have the DVDs on Agenda 21 that he distributed to the Board members at a previous meeting returned. Board of Supervisors April 3, 2012 Jeff Hentz, Yosemite/Mariposa County Tourism Bureau Executive Director, thanked the Board for its support, and advised that he was present for the item on the sign at the County line. I. Board Information Supervisor Turpin advised that he met with the Public Works Director and staff after the Board meeting last week on the 8.5 million dollar road grant; and they met with Maggie Dowd and Mike Bradshaw, United States Forest Service, on Wednesday, along with the Business Development Coordinator. They may meet again this afternoon on this project. He referred to a document that he found from 2004 from then Senator Cogdill on the SRA fees issues. Supervisor Allen noted that in his visits to the departments, he has found that some departments are imposing additional regulations beyond what is required by the Board and he is concerned with this. He met with Rick Holliday/Operations Manager for Total Waste Systems, on Thursday relative to dumpster issues. He plans to attend the EMCC (Emergency Medical Care Committee) meeting on Thursday; the fire station meeting on Friday; and the Fish Camp Town Planning Advisory Committee meeting on Saturday. He wished everyone a Happy Easter. He provided a reminder that property taxes are due by next Tuesday. Supervisor Stetson advised that he met with the Bear Creek Trails group last Thursday, and they plan to meet again this Thursday. He attended the Yosemite Conservation biennial meeting in Yosemite over the weekend. He attended the YARTS meeting on Monday with Supervisor Cann and Barbara Carrier, and he advised of plans to expand the bus service on Highway 120, and of the addition of four more buses to the system. He noted that the buses will be equipped with AVL (automatic vehicle location) so that riders can track the location of a bus. He plans to attend the El Portal Town Planning Advisory Committee meeting next Tuesday evening. Supervisor Cann thanked Supervisor Allen for working on the dumpster issues in town. He advised that he met with the Building Director last Wednesday, and then with the sign designer for the wayfinding and County line signs. He met with the Summit Prep Charter School students out of the East Bay on Thursday relative to gateway/federal area interactions. He met with a business owner looking to expand relative to frustration issues with the County and with CalTrans on Thursday; and he met with another business owner with similar concerns on Monday. He feels the Board needs to give clear direction on issues that arise. He attended the YARTS meeting on Monday and commented on the AVL system and the early delivery of the additional buses. Over the next couple of days, he plans to work on reviewing the Merced River Plan alternatives to draft an agenda item for the Board. Board of Supervisors April 3, 2012 Supervisor Bibby advised that she plans to attend the Mother Lode Job Training budget committee meeting on funding issues on April 5th; a meeting on April 6th with the Public Works Director on wayfinding signs and noted they are looking for funding sources; the Mental Health Board meeting on April 6th and they will be discussing their 5-year plan; and the First 5 meeting on April 9th. J. Regular Agenda Items 1. Board of Supervisors -2012-161 Select and Approve a Design for the Highway 140 Welcome Sign (Supervisor Cann) Supervisor Cann initiated discussion relative to this matter, and he thanked everyone that has been involved, especially the Tourism Bureau, the Chamber of Commerce and Kathy McCorry, and Larry Vilott for voluntarily preparing the designs. Kathy McCorry thanked the Board and Larry Vilott for working on this project; and she noted that the preference is the option with the waterfall. Bob Kirchner thanked the Tourism Bureau and Larry Vilott and the Board; and he advised that the Chamber will be taking action to move forward on this project at their meeting on Thursday. Jeff Hentz thanked the Chamber and Larry Vilott for their work on this project; and he provided input on the options that were presented and advised of consideration of installing another billboard in the future at another location advertising what is available in the County. Eleanor Keuning suggested that less detail on the sign is better for highway travelers; and she thanked everyone involved in this project and is happy that it is getting done. Supervisor Cann commented on the review of the options at the Tourism Bureau meeting and of discussion relative to adding wording at the bottom of the sign to “stay, play, dine, and shop.” Kathy McCorry advised that the bottom strip is called a “snipe” and she advised of their work on this and of their work with CalTrans on the permit, and of the estimated costs and changes to vinyl versus a painted sign. Bob Kirchner provided input on the permit process. Input from the public was provided by the following: Ruth Catalan provided input and stated she likes all three options. Marvin Wells asked why there is advertising on the other side of the sign; and he stated he likes the idea of a butterfly on the sign. Discussion was held. Supervisor Turpin suggested that consideration be given to addressing signage for the other entrances into the County. Supervisor Cann advised that they are working on the draft sign ordinance to allow this type of signage, and he noted that this billboard is Board of Supervisors April 3, 2012 located on privately owned property. Additional input from the public was provided by the following: Marvin Wells noted the shrink-wrap signage used on the YARTS buses is what is being proposed for this sign. Lester Bridges provided input on the history of this sign. Further discussion was held. The Board accepted the design with the Yosemite Falls on the right side and the miner on the left, with the request that there be a bottom sign with language for shop, play and dine. RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Kevin Cann, District IV Supervisor SECONDER: Lee Stetson, District I Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen K. Closed Session 2. Administration (ID # 1232) CLOSED SESSION: Public Employee Discipline/Dismissal/Release (Government Code Section 54954.5) The Board convened in closed session at 10:27 a.m. RESULT: ADOPTED [UNANIMOUS] MOVER: Lee Stetson, District I Supervisor SECONDER: Lyle Turpin, District II Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen 11:34 a.m. Report from Closed Session Chair Bibby announced that direction was given to staff as a result of the closed session. L. Adjournment The Board adjourned at 11:35 a.m. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board Board of Supervisors April 3, 2012 JANET BIBBY Chair, Board of Supervisors M C ARIPOSA OUNTY P.O. Box 784 Mariposa, CA 95338 (209) 966-3222 5100 Bullion Street http://www.mariposacounty.org/ JANET BIBBY, CHAIR DISTRICT III LYLE TURPIN, VICE-CHAIR DISTRICT II LEE STETSON DISTRICT I KEVIN CANN DISTRICT IV JIM ALLEN DISTRICT V MINUTES April 10, 2012 A. Call to Order and Roll Call 9:02 AM Meeting Called to Order at the Mariposa County Government Center Attendee Name Title Status Arrived Lee Stetson District I Supervisor Present 9:02 AM Lyle Turpin District II Supervisor Present 9:02 AM Janet Bibby District III Supervisor Present 9:02 AM Kevin Cann District IV Supervisor Present 9:02 AM Jim Allen District V Supervisor Present 9:02 AM B. Pledge of Allegiance Chair Bibby called for a moment of silence following the Pledge of Allegiance for our community members who have recently lost their lives and for their friends, family and the community. C. Introductions Chair Bibby welcomed Mike Troxell/CHP Lieutenant back. D. Approval of Consent Agenda (Items designated by "CA") Supervisor Turpin initiated discussion with Pete Rei/Public Works Director, on items 5 and 10. All of the items were approved. Board of Supervisors April 10, 2012 RESULT: ADOPTED [UNANIMOUS] MOVER: Lyle Turpin, District II Supervisor SECONDER: Jim Allen, District V Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen CA1. Sheriff's Office RES-2012-162 Approve a Five-Year Agreement with the United States Department of the Interior, National Park Service, Yosemite National Park for Radio Equipment Maintenance and Repair Services; Authorize the Board of Supervisors Chair to Sign the Agreement CA2. Agricultural Commissioner RES-2012-163 Approve Budget Action Transferring Funding in the Agricultural Commissioner Budget to Cover Increased Cost of Travel Mileage Expenses ($850) CA3. Administration RES-2012-164 Resolution Continuing the Local Emergency Due to Landslides on Highway 140 Enroute to Yosemite National Park CA4. Administration RES-2012-165 Resolution Continuing the Local Emergency Due to Damages Associated with the Rains in Late December 2010, Including Ben Hur Road CA5. Public Works RES-2012-166 Approve a Professional Services Agreement with Kleinfelder West, Inc. for Material Testing and Observation/Engineering Services for the Permanent Restoration Work on the Ben Hur Road Slide in the Not to Exceed Amount of $70,597; Authorize the Board of Supervisors Chair to Sign the Agreement CA6. Public Works RES-2012-167 Approve the First Amendment with Keith and Associates in the Amount of $3,002.50 to Provide Design and Engineering Services for the Midpines Fire Station; and Authorize the Public Works Director to Sign the Amendment CA7. Fire (ID # 1225) Fish Camp Fire Station Groundbreaking Ceremony - April 21, 2012 CA8. Public Works RES-2012-168 Authorize Public Works to Waive Encroachment Fee of $140.00 for the Closure of Jessie Street to Hold the Annual Open House Event at the Mariposa Museum and History Center to be Held on May 5, 2012 from 7:00 A.M. to 5:00 P.M. CA9. Planning (ID # 1230) Appoint Cindy Carson to the Historic Sites and Records Preservation Commission as an at Large Member CA10. Public Works RES-2012-169 Board of Supervisors April 10, 2012 Approve a Memorandum of Understanding (MOU) Between Mariposa County and the Department of Agriculture Forest Service for Maintenance of County Roads, and Authorize the Board of Supervisors Chair to Sign the MOU CA11. Board of Supervisors (ID # 1236) Accept the Resignation of Don Pucilowski from the Assessment Appeals Board (Supervisor Turpin) CA12. Treasurer-Tax Collector-County Clerk RES-2012-170 Request Approval to Sell 5-Year Tax Defaulted Parcels at the Annual Auction Scheduled for August 10, 2012. E. Presentations 1. Community Services (ID # 1188) Proclaim the Week of April 15 - 21, 2012, as National Volunteer Week The Proclamation was presented to Terri Haworth/Community Services Director, and she thanked and noted the importance of all of the volunteers in the County. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Allen, District V Supervisor SECONDER: Kevin Cann, District IV Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen 2. Board of Supervisors (ID # 1246) Proclaim the Month of April 2012, as “Child Abuse Prevention Month” (Cinnamon Fleener, Mariposa Safe Families) The Proclamation was presented to Cinnamon Fleener, representing the Child Abuse Prevention Council and Mariposa Safe Families. Chair Bibby noted the "just-in-case" program. RESULT: ADOPTED [UNANIMOUS] MOVER: Lee Stetson, District I Supervisor SECONDER: Lyle Turpin, District II Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen F. Minutes Approval 3. Tuesday, April 03, 2012 G. Departmental Presentation For Items within the Jurisdiction of the Board and not on Today's Agenda Pete Rei advised of the tire amnesty days at the landfill - April 14 and 21st. Supervisor Turpin asked about the status of scheduling an event at the Don Pedro transfer station. Board of Supervisors April 10, 2012 Jim Rydingsword/Human Services Director, advised of his discussion with the Chair of the Mental Health Board this morning and announced that the meeting has been moved from April 11th to April 19th at 12 noon at the Human Services building; and he further advised that will delay the Mental Health Plan’s schedule for coming to the Board to May 8th. Jim Wilson/Fire Chief, advised of progress on the 9-11 Memorial and of the fundraising raffle event currently in progress - the grand prize is a houseboat trip through Forever Resorts Lake Don Pedro donated by the Lake Don Pedro Marina. H. Public Presentation For Items within the Jurisdiction of the Board and not on Today's Agenda (Speakers Limited to Five Minutes) Kathy McCorry/Executive Director of the Mariposa County Chamber of Commerce, advised that this Thursday is the Candidate Night for Supervisorial District 5 at the Ponderosa Fire Station; next Tuesday is the Candidate Night for Supervisorial District 2 at the old schoolhouse in Coulterville; and she advised that the Visitor Center has been very busy with tourists during Spring Break. Eleanor Keuning advised that the Historical Sites and Records Preservation Commission met on Monday; she presented information on the “Historic Preservation Conference Keeping Time V” scheduled for June 22nd in Sonora; and she stated she feels there should be a survey of the types of jobs that are available so that training is geared toward those needs. I. Board Information Supervisor Allen advised that property taxes are due today. He attended the EMCC (Emergency Medical Care Committee) meeting last week - there will be a drill on April 28th in the Coulterville area, and he advised of a change in the procedures for the dispatch of ambulances - dispatch will occur when the call comes in versus when emergency services personnel is on scene. He commented on the “safe program” operated through the Health Department. He attended the fire station meeting on Friday and the Fire Chief is working on an extension for the grant funds. He attended the Fish Camp Planning Advisory Committee meeting on Saturday at the Tenaya Lodge, and he noted that they will be holding a special meeting in May to consider the time extension request for the SilverTip project. He plans to attend the Mountain Valley Emergency Medical Care Committee meeting on Wednesday; the Wawona Area Property Owners Association meeting on Saturday; and he noted that the groundbreaking for the Fish Camp Fire Station is scheduled for April 21st. Supervisor Stetson advised that he plans to attend the El Portal Planning Advisory Committee meeting this evening, and he noted that Board of Supervisors April 10, 2012 Dick Whittington/YARTS will be present for discussion relative to transportation options in El Portal. He plans to attend the Airport Advisory Committee meeting on Wednesday; a meeting on the Merced River Plan in El Portal and the Midpines Bear Creek Trail committee meeting on Thursday; the Sierra Nevada Conservancy meeting on Monday and they will discuss grant options available under the Forest Initiative Act; and he plans to attend the Midpines Planning Advisory Committee meeting next Tuesday evening. Supervisor Cann commented on the Merced River Plan and concerns with alternatives that would remove rooms and he stated input needs to be provided on the Plan. He commended the Sheriff for the cooperative agreement in the Consent Agenda with the National Park Service for radio maintenance. He attended the downtown merchants meeting on Thursday and various issues were discussed. He talked with PG&E on Monday about replacing the light poles in town. He attended the Historic Sites and Records Preservation Commission meeting on Monday. He plans to attend a meeting on Wednesday with Supervisor Bibby and Public Works to coordinate signage with the Mariposa Creek Parkway. He plans to attend the Central Sierra Economic Development District meeting in Angels Camp on Thursday, and he asked that another Board member attend the Gateway Partners meeting scheduled for Thursday. He plans to attend the Candidates Forum on Thursday evening. He commented on his trip to Tahoe over the weekend and taxes that are added to the hotel stay. Supervisor Turpin advised that he met with County Fire on a project in Buck Meadows last Tuesday. He had a phone conversation with the Road Department on Wednesday relative to the 8.5 million dollar road grant project and they plan to meet this afternoon. He thanked Sharon Tucker for her service on the Greeley Hill Advisory Board, and Don Pucilowski for his service on the Commission on Aging and Assessment Appeals Board. He commented on his concern with the problems investors are having with departments. He noted the scenic beauty of traveling in the County with the spring flowers. He attended the District 2 Candidates’ Night in Greeley Hill on Wednesday. He thanked Raymond Westmoreland for the historic photographs. He thanked the National Park Service for quickly addressing the Highway 120 slide project. Supervisor Bibby advised that Rick Benson/County Administrative Officer, is in Sacramento today. She noted that a request has been received for a letter of support for SB 1294 (Berryhill)/Mariposa County annuitant legislation for next Monday’s hearing - she asked the County Administrative Officer to prepare a letter for the hearing and a Board item for a formal resolution or letter supporting this legislation. She plans to attend the Mother Lode Job Training meeting on April 16th, and she attended the finance meeting last week. She noted that the American Association of University Women is holding a finance fitness workshop on April 21st. She noted that Board of Supervisors April 10, 2012 comments are due by noon on May 4th to the State Water Board on their draft septic system policy. She noted that property taxes are due. She urged citizens to comment on the Merced River Plan. She extended congratulations to Cara Goger on becoming the new Executive Director for the Mariposa Arts Council. She noted that Mary Hodson/Deputy County Administrative Officer, is filling in today for the County Administrative Officer. J. Regular Agenda Items Public Works RES-2012-171 Approve the Mariposa County Parks and Recreation Summer Day Camp Scholarship Program, Guidelines and Application and Approve the Budget Action Adjusting Revenue to Recognize the Anticipated Scholarship Contributions. ($5,000) Discussion was held with Shannon Hansen/PWD-Parks and Recreation Manager, relative to the program, and she advised that $500 was received from the Soroptimists for this program; in addition to $3,500 from the Calaveras- Mariposa Community Action Agency. Supervisor Cann advised that he will sponsor a request for a donation to Rotary. Jim Rydingsword provided input on the value of the program to the children. RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Cann, District IV Supervisor SECONDER: Jim Allen, District V Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen Administration RES-2012-172 Remove the Identified Unfunded Positions from the Allocation Schedule. Discussion was held with Mary Hodson relative to the request. Pete Rei provided input on their review of the position in Parks and Recreation. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Allen, District V Supervisor SECONDER: Lee Stetson, District I Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen Personnel/Risk Management RES-2012-173 Approve the Elimination of One Social Worker Supervisor II Position in the Behavioral Health Division Effective May 13, 2012 Which Will Result in the Lay-Off of the Incumbent Employee Board of Supervisors April 10, 2012 RESULT: ADOPTED [UNANIMOUS] MOVER: Lee Stetson, District I Supervisor SECONDER: Lyle Turpin, District II Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen K. LOCAL TRANSPORTATION COMMISSION (Chair - Commissioner Lyle Turpin, Vice-Chair - Lee Stetson) Public Presentation: For Items within the Jurisdiction of the Local Transportation Commission and not on Today's Agenda (Speakers Limited to Five Minutes) - none Public Works LTC-2012-4 Approve the Program Agreement with Caltrans for the Safe Routes to School -Mariposa Elementary School Sidewalks, and Authorize the Director of Public Works to Sign the Agreement; Approve Budget Action Increasing Revenue and Appropriations ($25,000) (4/5Ths Vote Required) Commissioner Stetson advised that he has a potential conflict with this item as he owns property next to the Mariposa Elementary School; and he excused himself from the meeting at 10:08 a.m. Discussion was held with Pete Rei and Barbara Carrier/Assistant Director of Public Works - Support Services, relative to the request. RESULT: ADOPTED [UNANIMOUS] MOVER: Janet Bibby, District III Supervisor SECONDER: Kevin Cann, District IV Supervisor AYES: Lyle Turpin, Janet Bibby, Kevin Cann, Jim Allen EXCUSED: Lee Stetson L. BOARD OF SUPERVISORS 10:15 a.m. Reconvened as the Board of Supervisors with all members present. M. Items removed from Consent Agenda None N. Closed Session 1. Administration/Risk Management (ID # 1219) CLOSED SESSION: Conference with Legal Counsel: Anticipated Litigation; Significant Exposure to Litigation Pursuant to Subdivision (B) of Government Code Section 54956.9; Number of Cases to be Discussed: 1 Board of Supervisors April 10, 2012 RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Allen, District V Supervisor SECONDER: Lyle Turpin, District II Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen 2. Administration (ID # 1254) CLOSED SESSION: Public Employee Discipline/Dismissal/Release (Government Code Section 54954.5) The Board convened in closed session at 10:28 a.m. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Allen, District V Supervisor SECONDER: Lyle Turpin, District II Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen 11:45 a.m. Report from Closed Session Chair Bibby announced that no action was taken on item 8/public employee discipline/dismissal/release; and that information was received from special counsel on item 9/anticipated litigation. O. Adjournment The Board adjourned at 11:46 a.m. in memory of Betty Crisp and Cheryle Rutherford-Kelley/former Human Services Director. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board JANET BIBBY Chair, Board of Supervisors M C ARIPOSA OUNTY P.O. Box 784 Mariposa, CA 95338 (209) 966-3222 5100 Bullion Street http://www.mariposacounty.org/ JANET BIBBY, CHAIR DISTRICT III LYLE TURPIN, VICE-CHAIR DISTRICT II LEE STETSON DISTRICT I KEVIN CANN DISTRICT IV JIM ALLEN DISTRICT V MINUTES April 17, 2012 A. Call to Order and Roll Call 9:07 AM Meeting Called to Order at the Mariposa County Government Center Attendee Name Title Status Arrived Lee Stetson District I Supervisor Present 9:07 AM Lyle Turpin District II Supervisor Present 9:07 AM Janet Bibby District III Supervisor Present 9:07 AM Kevin Cann District IV Supervisor Present 9:07 AM Jim Allen District V Supervisor Present 9:07 AM B. Pledge of Allegiance Chair Bibby called for a moment of silence following the Pledge of Allegiance for Robert Paris/Stanislaus County Sheriff's Deputy, and the other officers that have lost their lives this week; and she noted that our hearts go out to their families. C. Introductions Chair Bibby introduced Cara Goger, the new Executive Director of the Mariposa County Arts Council; and she announced that Kevin Smith was promoted to the Assistant Chief position for CalFIRE. D. Approval of Consent Agenda (Items designated by "CA") NOTE: The Consent Agenda consists of items that are generally viewed as non-controversial and routine by the department. If the Board wishes to discuss an item, it will be removed from the Consent Agenda and moved to the end of the timed agenda; or at the Chair’s discretion, may be taken in conjunction with another item scheduled by the respective department. Otherwise, the Consent Agenda items are generally approved in one single motion. This is the appropriate time for the public to advise the Chair of any comments to the Consent Agenda or request to have an item removed from the Consent Agenda. Board of Supervisors April 17, 2012 Chair Bibby announced that item 14 was withdrawn at the request of the County Administrative Officer. The balance of the items was approved. RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Cann, District IV Supervisor SECONDER: Lee Stetson, District I Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen CA1. Community Services (ID # 1202) Accept the Resignation of Staci Mallard from the Mariposa County Commission on Aging. CA2. Administration RES-2012-176 Resolution Continuing the Local Emergency Due to Damages Associated with the Rains in Late December 2010, Including Ben Hur Road CA3. Administration RES-2012-177 Resolution Continuing the Local Emergency Due to Landslides on Highway 140 Enroute to Yosemite National Park CA4. Human Services (ID # 1222) Appoint Cinnamon Fleener to the Alcohol and Drug Abuse Advisory Board for a Term Expiring April 17, 2015 CA5. Fire RES-2012-178 Authorize Parking Fire Apparatus Outside the Bootjack Fire Station #37 Overnight on April 27, 2012. CA6. Administration/Risk Management RES-2012-179 Recommend the Rejection of Claim No. C12-2 Filed by Danielle L. Grate for $1,200,000.00 and Authorize the Board of Supervisors Chair to Sign the Notice of Rejection. CA7. Agricultural Commissioner RES-2012-180 Approve the Statewide Exotic Pest Detection Contract No. 11-0170-1 Amendment for FY 2011/2012 with the California Department of Food and Agriculture (CDFA), and Authorize the Board of Supervisors Chair to Sign the Amendment. CA8. Fire RES-2012-181 Approve Road Use Permit with Sierra National Forest for Fish Camp Fire Station, and Authorize the Fire Chief to Sign the Road Use Permit CA9. Personnel/Risk Management RES-2012-182 Board of Supervisors April 17, 2012 Allocate a Senior Agricultural/Standards Inspector and Unallocate a Deputy Agricultural Commissioner/Sealer in the Agricultural Commissioner Budget Effective Immediately. CA10. Agricultural Commissioner RES-2012-183 Approve the Combined County Petroleum Products Compliance and Weighmaster Enforcement Program Cooperative Agreement Number 12-0021- SA for Fiscal Year 2012-13 with the California Department of Food and Agriculture (CDFA), and Authorize the Board of Supervisors Chair to Sign the Agreement CA11. Human Services RES-2012-184 Approve the Alcohol and Drug Abuse Advisory Board By-Laws Revision CA12. Administration RES-2012-185 Authorize the Chairman of the Board of Supervisors to Sign a Letter Supporting Assembly Bill (AB) 2096 - District Hospitals: Uncompensated Care Federal Funding CA13. Fire RES-2012-186 Approve a One Year Lease Agreement Renewal with Robert E. Bondshu for Fire Department Office Space, and Authorize the Board of Supervisors Chair to Sign the Agreement 14. 1276 pulled from Consent CA15. Health RES-2012-187 Approve a Variance from Statutory Setback Distance of 100 Feet Between Well and Septic Leach Field in APN 006-160-035, Gallery-Snyder. CA16. Administration RES-2012-188 Adopt a Resolution Supporting Senate Bill 1294 Amending Section 21570 and Adding Section 22900 to the California Government Code and Including Mariposa County as a Sponsor; Ratify the County Administrative Officer's Letter Supporting Senate Bill 1294 E. Presentations 1. Board of Supervisors (ID # 1259) Proclaim the Month of April 2012 as "Sexual Assault Awareness Month" and April 25, 2012, as "Denim Day" (Alison Tudor, Mountain Crisis Services) The Proclamation was presented to Alison Tudor/Mountain Crisis Services, and she advised of the "start by believing" campaign. Board of Supervisors April 17, 2012 RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Cann, District IV Supervisor SECONDER: Jim Allen, District V Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen 2. Human Services (ID # 1251) Approve and Present Certificates of Recognition to Jeannine Andre, Preschool Teacher – Kiwanis Preschool; Gussie Kidd, Volunteer; Anita Petrich and Sherry Peters, Smart Start Nurses, in Recognition of Their Nomination as “Hands on Heroes of Mariposa County” as Recommended by Mariposa County First 5 Commission (Jeane Hetland, First 5 Director) Jeane Hetland/First 5 Director, assisted with presenting the Certificates of Recognition. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Allen, District V Supervisor SECONDER: Lyle Turpin, District II Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen 3. Board of Supervisors RES-2012-174 Adopt a Resolution Recognizing Donna Brownell Upon Her Retirement as Mariposa County Arts Council Director Dan Warsinger presented Donna Brownell with a photograph taken in Yosemite. The resolution was presented to Donna Brownell, and Board members commended her for her service. RESULT: ADOPTED [UNANIMOUS] MOVER: Lee Stetson, District I Supervisor SECONDER: Lyle Turpin, District II Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen 4. Board of Supervisors RES-2012-175 Adopt a Resolution Recognizing Jeff Hentz for His Outstanding Contributions to the Yosemite/Mariposa County Tourism Bureau The resolution was presented to Jeff Hentz and Board members commended him for his service. RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Cann, District IV Supervisor SECONDER: Lee Stetson, District I Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen 9:54 a.m. Recess for Refreshment Break 10:17 a.m. Reconvened Board of Supervisors April 17, 2012 F. Minutes Approval 1. Tuesday, April 10, 2012 G. Departmental Presentation For Items within the Jurisdiction of the Board and not on Today's Agenda Terri Haworth/Community Services Director, reminded everyone that this is National Volunteer Week” and to thank all of the volunteers. She announced that Area 12 Agency on Aging is holding its second family caregiver lunch on Wednesday with a session on Understanding Alzheimer’s Disease & Behaviors. She noted that the artwork has changed in the Green Room at the Senior Center for the spring. Pete Rei/Public Works Director, advised that the tire amnesty event will be held at the landfill again on April 21st. Rick Benson/County Administrative Officer, advised that he was in Sacramento last Tuesday to attend the committee meeting on AB 1973 (Olsen) which would allow the incidental take of salamander to fix the Ferguson Rockslide. He advised that he plans to attend the first hearing on SB 1294/special legislation for the County relative to retiree health benefits on Wednesday in Sacramento. H. Public Presentation For Items within the Jurisdiction of the Board and not on Today's Agenda (Speakers Limited to Five Minutes) Pete Judy, District 4 citizen, advised that the twelve and under girls softball teams have games scheduled for this weekend. Kathy McCorry, Executive Director of the Mariposa County Chamber of Commerce, advised of the increase in the spring break visitor statistics; the District 2 Candidates Night is scheduled for this evening in Coulterville; the mixer is scheduled for next Tuesday at Manzanita Estates; and the branding iron and BBQ party is scheduled for April 27th at the Chamber. Eleanor Keuning thanked the Chamber for setting up the District 5 Candidates Night, and noted there is another event for the candidates on April 25th; advised that the High School Music Department is holding a fundraiser this Friday; and that the Mariposa Symphony will perform at the High School Auditorium on Saturday and at the Ahwahnee Hotel on Sunday. I. Board Information Supervisor Stetson advised that he attended the El Portal Town Planning Advisory Committee meeting last Tuesday evening; and he plans Board of Supervisors April 17, 2012 to attend the Midpines Planning Advisory Committee meeting this evening. He met with the Bear Creek Trail group on Thursday; and he attended, via telephone conference call, a meeting on Monday with the Sierra Nevada Conservancy. He plans to attend the fire station meeting on Friday. Supervisor Cann noted that the AAUW is holding a candidates forum here on April 25th, and he thanked the Chamber for holding the event at Ponderosa Basin. He met with Public Works on signage for the Mariposa Creek Parkway on Wednesday; attended a meeting on Thursday relative to the MID contract; on Thursday afternoon he went to Angels Camp for the CSED (Central Sierra Economic Development) District meeting; and he met with Public Works staff last week on solid waste issues since he will be unable to attend the Solid Waste Task Force meeting this week. He thanked Charles Phillips for the National Geographic Sierra Nevada map. He plans to attend the RCRC (Regional Council of Rural Counties) meeting this week. Supervisor Stetson advised that he attended the afternoon session on the Merced River Plan in El Portal on Thursday, and they toured the trailer park and he commented on the potential impacts. Supervisor Turpin advised that he met with Public Works staff after the Board meeting last week on future road improvements and other issues. He worked on the following issues: the amount of storage required for the fire sprinklers, infrastructure issues in Coulterville, and CalFIRE’s removal of the dozer in Coulterville. He noted that the District 2 Candidates Night is scheduled for this evening in Coulterville. He plans to have a meeting with the Forest Service on road issues. Supervisor Allen advised that he attend the Mountain Valley Emergency Medical Services Agency meeting last week via telephone conference call. He was advised on Thursday that First West Bank assumed ownership of the PacificUS/SilverTip property. He attended the Wawona Area Property Owners Association meeting on Saturday. He plans to attend the fire station meeting and the Community Corrections Partnership meeting on Friday. He reminded everyone of the ground breaking ceremony for the Fish Camp Fire Station on Saturday. He commended Kevin Smith on his promotion with CalFIRE. He extended his sympathy to the families of the fallen officers. Supervisor Bibby advised that she attended the Mother Lode Job Training meeting on Monday. She plans to attend the sign committee meeting later today, and the Mental Health Board meeting on April 19th. She noted that Dr. Mosher and staff are watching the proposed septic tank regulations, and she urged citizens to submit comments. She advised that there is a vacancy on the Commission on Aging representing District 3. She commented on the importance of the Hornitos Post Office. She commented on the challenges facing law enforcement with drugs. Supervisor Cann referred to the discussions on signs and advised that the Planning Department has been charged with scheduling this Board of Supervisors April 17, 2012 matter for Board discussion. Supervisor Bibby urged citizens to comply with sign regulations and building permit requirements. J. Regular Agenda Items 2. Probation (ID # 1233) Chief Probation Officer Presentation on Status of Assembly Bill (AB) 109 Implementation Pete Judy/Chief Probation Officer, gave the presentation; and he commended Ryan Oliphant/Assistant Chief Probation Officer, for his work with implementation of AB 109; and he thanked the safety partners and the Board and members of the community, including Heritage House and Mountain Crisis Services for their work on this. Discussion was held. Chevon Kothari/Executive Director of the Mountain Crisis Services, provided input on their plans for community correction center services. 11:36 a.m. Recess 11:45 a.m. Reconvened 3. District Attorney RES-2012-189 Approve Filling the Senior Office Assistant Position in the District Attorney's Budget Effective June 1, 2012 Discussion was held with Bob Brown/District Attorney relative to the request. Input from the public was provided by the following: Ron Iudice urged the Board to support this request. Rick Benson/County Administrative Officer, provided input relative to the request and the budget. Further discussion was held. RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Cann, District IV Supervisor SECONDER: Lyle Turpin, District II Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen 4. Health RES-2012-190 Approve a Ten-Year Agreement with Mercy Medical Transportation Incorporated for Ambulance Service in Mariposa County, and Authorize the Board of Supervisors Chair to Sign the Agreement; Allow the Health Officer to Make Technical Service Adjustments to the Agreement Supervisor Allen was excused from the meeting at 11:56 a.m. for this item due to a potential conflict of interest as he owns a building with the owner of Mercy Ambulance, but noted that he does not own any part of Mercy Ambulance. Dr. Mosher/Health Officer reviewed the history of ambulance service in the County Board of Supervisors April 17, 2012 and discussion was held relative to the request to approve the agreement. Rick Roesch/owner of Mercy Ambulance provided input, and Jesse Figueroa/Merced Ambulance Manager was present. Supervisor Allen returned to the meeting at 12:10 p.m. RESULT: ADOPTED [UNANIMOUS] MOVER: Lee Stetson, District I Supervisor SECONDER: Lyle Turpin, District II Supervisor AYES: Lee Stetson, Lyle Turpin, Janet Bibby, Kevin Cann EXCUSED: Jim Allen 5. Health RES-2012-191 Approve Budget Action Reducing General Contingency and Increasing Appropriations in the Health Budget to Refund the Applicant of the Vallecito Project ($4,111) (4/5Ths Vote Required) Discussion was held with Dr. Mosher. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Allen, District V Supervisor SECONDER: Lyle Turpin, District II Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen 6. Health RES-2012-192 Authorize the Health Officer to Implement a Program Called “Mariposa Tooth Fairy” to Solicit Donations to be Used Exclusively for Dental Care Provided to Children Under Age 6 Discussion was held with Dr. Mosher. Supervisor Turpin asked about donations being tax deductible, and Dr. Mosher advised that he will review. RESULT: ADOPTED [UNANIMOUS] MOVER: Lyle Turpin, District II Supervisor SECONDER: Lee Stetson, District I Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen 7. Health RES-2012-193 Adopt a Resolution Authorizing Specific Exemptions to the Hazardous Materials Business Plan Program Discussion was held with Dr. Mosher. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Allen, District V Supervisor SECONDER: Kevin Cann, District IV Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen 8. Administration RES-2012-194 Board of Supervisors April 17, 2012 Approve the Proposed Budget Development Guidelines for Fiscal Year 2012-2013 Rick Benson reviewed the proposed budget development guidelines; and discussion was held. Supervisor Cann asked that information be brought back on the Unfunded Liability Fund and consideration of paying PERS for unfunded liability for the safety members. Supervisor Bibby asked that information be brought back on the status of the EDUs for Yosemite West that the County owns and relative to the repayment of the costs for setting up the assessment district. She asked the County Administrative Officer to work with Building and the Assessor on being able to assess the unpermitted structures that are pending code enforcement completion. Further discussion was held relative to furloughs and the transient occupancy tax. Input from the public was provided by the following: Marvin Wells agreed with Supervisor Allen that furloughs should not be considered; and he stated he feels that the Board members need to set the example by reducing expenses. Doug Binnewies/Sheriff shared his thoughts on the budget and noted the importance of maintaining public safety. He asked that law enforcement services not be minimized at this time in the County. Bob Brown agreed with Sheriff Binnewies; and he stated he does not feel that he can prepare a budget based on the proposed guidelines and he commented on the anticipated grant funds. Pete Judy, speaking as a citizen, respectfully disagreed with Marvin Wells and stated he feels that the Board has shown leadership and noted that the salaries are low for the Board members and the department heads. Rick Benson commented on the work the Board members do; and he noted that some Board members have given up compensation; and he feels the Board has shown leadership. Marvin Wells suggested that the sacrifices that are being made be made public; and he stated he supports an increase in the transient occupancy tax. The proposed budget guidelines were approved with the following amendments to the recommendation: - Item 2 - make this “2a” and clarify that all General Fund departmental budgets are “requested” to be submitted without any additional position requests; - Add item 2b - to invite the departments to provide a supplemental document containing their most pressing needs; and - Add item 5 - to delete consideration of furloughs. Board of Supervisors April 17, 2012 Further discussion was held. Rick Benson expressed concern with deleting the furlough option. RESULT: ADOPTED AS AMENDED [4 TO 1] MOVER: Jim Allen, District V Supervisor SECONDER: Kevin Cann, District IV Supervisor AYES: Lee Stetson, Lyle Turpin, Kevin Cann, Jim Allen NAYS: Janet Bibby 9. Public Works RES-2012-195 Reject the Fish Camp and Midpines Fire Station Bids Discussion was held with Pete Rei relative to the status of the bids that were received and he advised of his revised recommendation after meeting with staff to consider awarding the bid for the Fish Camp station and to rebid the Midpines station. Rick Benson reviewed the status of the budget for these projects, and discussion was held. Steve Dahlem/County Counsel provided input on the action that is scheduled for this meeting and options to give direction. Jim Wilson/Fire Chief provided input on the status of the request to FEMA to extend the grant deadline. Input from the public was provided by the following: Donn Harter, Chair of the Fish Camp Fire and Rescue Association, advised of the status of funds that they have available to help with the shortfall for the Fish Camp station. Gary Taylor/Assistant Director of Public Works-Operations, provided input relative to rebidding the projects. Donn Harter provided input relative to consideration of rebidding the Fish Camp station. The Board recessed at 2:32 p.m. and reconvened at 2:39 p.m. Supervisor Allen suggested that following his discussion with Donn Harter, the Fire Chief, and the Public Works Director, that the Fish Camp station be rebid. The recommended action to reject the Fish Camp and Midpines fire station bids was approved. Direction was given to schedule an item on the April 24th agenda to rebid these projects; and County Counsel noted action could be taken subject to receiving the written extension from FEMA; and the Public Works Director concurred. Board of Supervisors April 17, 2012 RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Allen, District V Supervisor SECONDER: Lyle Turpin, District II Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen K. Items removed from Consent Agenda Administration (ID # 1276) Approve Budget Action Reducing General Contingency to Facilitate the National Park Service Move into the Stroming Building ($5,000) and Authorize Payment to Yosemite Motels (4/5Ths Vote Required) RESULT: WITHDRAWN L. Adjournment The Board adjourned at 2:52 p.m. in memory of the ninth anniversary of the passing of Melanie Kiana Dahlem. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board JANET BIBBY Chair, Board of Supervisors M C ARIPOSA OUNTY P.O. Box 784 Mariposa, CA 95338 (209) 966-3222 5100 Bullion Street http://www.mariposacounty.org/ JANET BIBBY, CHAIR DISTRICT III LYLE TURPIN, VICE-CHAIR DISTRICT II LEE STETSON DISTRICT I KEVIN CANN DISTRICT IV JIM ALLEN DISTRICT V MINUTES April 24, 2012 A. Call to Order and Roll Call 9:00 AM Meeting Called to Order at the Mariposa County Government Center Attendee Name Title Status Arrived Lee Stetson District I Supervisor Present 9:00 AM Lyle Turpin District II Supervisor Present 9:00 AM Janet Bibby District III Supervisor Present 9:00 AM Kevin Cann District IV Supervisor Present 9:00 AM Jim Allen District V Supervisor Present 9:00 AM B. Pledge of Allegiance Chair Bibby called for a moment of silence following the Pledge of Allegiance for all of the victims of crime and for the older Americans going through difficult times. Chair Bibby advised that the public hearing scheduled for 2:00 p.m. to approve submission of the MHSA WET Plan to the State will be rescheduled and renoticed. C. Introductions None D. Approval of Consent Agenda (Items designated by "CA") NOTE: The Consent Agenda consists of items that are generally viewed as non-controversial and routine by the department. If the Board wishes to discuss an item, it will be removed from the Consent Agenda and moved to the end of the timed agenda; or at the Chair’s discretion, may be taken in conjunction with another item scheduled by the respective department. Otherwise, the Consent Agenda items are generally approved in one single motion. This is the appropriate time for the public to advise the Chair of any comments to the Consent Board of Supervisors April 24, 2012 Agenda or request to have an item removed from the Consent Agenda. Chair Bibby advised that item CA 20/re-bid of the Fish Camp and Midpines Fire Station projects is being pulled for discussion. She advised that action on item CA 2/Amendment to Professional Services Agreement with John LaLonde includes ratification of the original term of the agreement; that action on item CA 4/adoption of the Sierra Foothill Charter School Conflict of Interest Code includes a change that the Statements are to be filed with the County Clerk versus the Board of Supervisors; and she clarified that action on CA 14/budget action for Wawona Service Area and Don Pedro Sewer to correct a depositing error is for a total amount of $8,380. Input from the public was provided by the following: Ruth Catalan referred to CA 5 and stated she does not feel that the County should be paying anything for the UPS system as the building is less than a year old. Supervisor Turpin pulled items 17 and 19. Supervisor Cann referred to item 4 and asked whether there are other responsibilities that the County has for the Charter School - Steve Dahlem/County Counsel advised that he will research this question. Supervisor Cann referred to item 5 and asked about the ramification of taking $6,000 from the facility maintenance account. Supervisor Allen pulled item 13. Supervisor Stetson pulled item 18. Pete Rei/Public Works Director, responded to a question from Supervisor Cann on item 12 relative to the funding. The balance of the items was approved. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Allen, District V Supervisor SECONDER: Lyle Turpin, District II Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen CA1. Sheriff's Office RES-2012-196 Approve Lease Agreement Between William Freeman and the County of Mariposa for the Property Located at 5012 Fairgrounds Drive, and Authorize the Board of Supervisors Chair to Sign the Agreement CA2. Human Services RES-2012-197 Approve an Amendment to the Professional Services Agreement with John LaLonde to Provide Legal Services, and Authorize the Board of Supervisors Chair to Sign the Amendment; Approve Budget Action Transferring Funds Within the Social Services Budget to Cover the Amendment ($6,000) CA3. Sheriff's Office RES-2012-198 Approve Filling a Sheriff's Dispatcher Position Effective May 16, 2012 CA4. Treasurer-Tax Collector-County Clerk RES-2012-199 Adopt the Sierra Foothill Charter School Conflict of Interest Code Pursuant to Goverment Code 87303. Designate the County Clerk as the Filing Officer Pursuant to Government Code 82027. CA5. Human Services RES-2012-200 Approve Budget Action Increasing Revenue and Appropriations to Purchase an Uninterruptible Power Supply (UPS) System for the Boiler at the Human Services Building ($12,000) (4/5Ths Vote Required) Board of Supervisors April 24, 2012 CA6. Public Works (ID # 1284) Appoint Perca Dahlem and Amber Chambers to the Parks and Recreation Commission for Terms Expiring April 24, 2016 CA7. County Counsel RES-2012-201 Approve an Agreement with Yosemite Area Regional Transportation System (YARTS) Joint Powers Authority (JPA) to Continue Providing Public Transit Services, and Authorize the Board of Supervisors Chair to Sign the Agreement. CA8. Sheriff's Office RES-2012-202 Approve Five Year Cooperative Agreement No. 12-LE-11051360-002 with the United States Department of Agriculture (Sierra and Stanislaus National Forest) to Assist in Providing Law Enforcement Services on National Forest Lands, and Authorize the Board of Supervisors Chair to Sign the Agreement CA9. Administration RES-2012-203 Resolution Continuing the Local Emergency Due to Landslides on Highway 140 Enroute to Yosemite National Park CA10. Administration RES-2012-204 Resolution Continuing the Local Emergency Due to Damages Associated with the Rains in Late December 2010, Including Ben Hur Road CA11. Public Works RES-2012-205 Authorize Fleet Services to Solicit Requests for Proposals for Auction Services for Vehicles and Equipment. CA12. Public Works RES-2012-206 Approve a Program Agreement with Caltrans for Ben Hur Rd Project No. ER- 18D1(001), and Authorize the Public Works Director to Sign the Program Agreement; Approve Budget Action Increasing Revenue and Appropriations and Transferring Funds in the Roads Special Projects Fund ($485,857) (4/5Ths Vote Required) 13. RES-2012-207 pulled from Consent CA14. Public Works RES-2012-208 Approve Budget Action Transferring Funds into Fund 321, Wawona Service Area, from Fund 316, Don Pedro Sewer, to Correct a Depositing Error that Occured During Fiscal Year 2010/11 ($16,857) (4/5Ths Vote) CA15. Sheriff's Office RES-2012-209 Approve Filling Anticipated Vacant Sheriff's Deputy Position Effective June 1, 2012 CA16. Sheriff's Office RES-2012-210 Approve an Agreement with Vigilant Canine Services International, LLC., for Two Mariposa County Sheriff's Office Law Enforcement Canine Replacements and Basic Training, and Authorize the Board of Supervisors Chair to Sign the Agreement Board of Supervisors April 24, 2012 17. 1309 pulled from Consent 18. Motion To: RES-2012-211 pulled from Consent 19. 1311 pulled from Consent 20. 1317 pulled from Consent E. Presentations 1. Community Services (ID # 1196) Proclaim the Month of May, 2012, as Older Americans Month and Extend an Invitation to the Board of Supervisors and Administrative Staff to Participate in the Annual Senior Lunch Service Day, May 1, 2012, at 12:00 PM The Proclamation was presented to Terri Haworth/Community Services Director. RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Cann, District IV Supervisor SECONDER: Lee Stetson, District I Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen 2. Victim Witness (ID # 1282) Proclaim the Week of April 22 - 28, 2012, as "Mariposa County Crime Victims' Rights Week" (District Attorney/Victim Witness) The Proclamation was presented to Meghan Kehoe/Victim Witness Services Supervisor. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Allen, District V Supervisor SECONDER: Lee Stetson, District I Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen 3. Public Works (ID # 1304) Present Certificates of Appreciation to "Earth Day" Essay Contest Winners (Public Works, Solid Waste & Recycling Division) Greg Ollivier/PWD-Solid Waste/Recycling Manager, assisted with presenting Certificates of Recognition and awards to the following “Earth Day” essay contest winners: Aidyn Monroy/K-2nd grade class; Elinor Phillips/6-8th grade class; and Syndie Edwards/9-12th grade class and grand prize award. RESULT: ADOPTED [UNANIMOUS] MOVER: Lee Stetson, District I Supervisor SECONDER: Kevin Cann, District IV Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen 9:34 a.m. Recess Board of Supervisors April 24, 2012 9:44 a.m. Reconvened 4. Public Works (ID # 1253) Presentation on the Newly Mandated Commercial Recycling Program Greg Ollivier gave the presentation on AB 341/newly mandated commercial recycling program. Discussion was held. Pete Rei provided input.

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Related Recommendations (1)

R1: Administration (ID # 1393) CLOSED SESSION: Public Employee Performance Evaluation; Position of Employee Under Review: County Administrative Officer

Additional Recommendations 17

Not linked to specific findings.

R2: Administration (ID # 1394) CLOSED SESSION: Public Employee Performance Evaluation; Position of Employee Under Review: County Counsel

R3: Administration (ID # 1395) CLOSED SESSION: Public Employee Performance Evaluation; Position of Employee Under Review: County Librarian 11:40 a.m. Lunch Board of Supervisors June 5, 2012 1:35 p.m. The Board reconvened in closed session for the following matters:

R4: Administration (ID # 1396) CLOSED SESSION: Public Employee Performance Evaluation; Position of Employee Under Review: Agricultural Commissioner

R5: Administration (ID # 1397) CLOSED SESSION: Public Employee Performance Evaluation; Position of Employee Under Review: Building Director The result of the closed sessions was announced at the June 12th meeting. IV. Continue meeting to June 8, 2012 at 8:30 a.m. The meeting was recessed at 4:15 p.m. and continued to June 8th. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board JANET BIBBY Chair, Board of Supervisors M C ARIPOSA OUNTY P.O. Box 784 Mariposa, CA 95338 (209) 966-3222 5100 Bullion Street http://www.mariposacounty.org/ JANET BIBBY, CHAIR DISTRICT III LYLE TURPIN, VICE-CHAIR DISTRICT II LEE STETSON DISTRICT I KEVIN CANN DISTRICT IV JIM ALLEN DISTRICT V MINUTES June 8, 2012 I. Call to Order at 8:30 a.m. There is no audio of this meeting as the only matters were for closed sessions. Attendee Name Title Status Arrived Lee Stetson District I Supervisor Present 8:30 AM Lyle Turpin District II Supervisor Present 8:30 AM Janet Bibby District III Supervisor Present 8:30 AM Kevin Cann District IV Supervisor Present 8:30 AM Jim Allen District V Supervisor Present 8:30 AM II. (Meeting Continued from May 22, 2012 and June 5, 2012) III. Closed Session The Board convened in closed session for the following matters:

R6: Administration RES-2012-300 Approve the Agreement with Matthew Freeman to Allow for the Removal of the Garber House; Authorize County Administrative Officer (CAO) to Extend the Agreement, If Necessary, Due to Possible Permitting Delays, and Authorize the Board of Supervisors Chair to Sign the Agreement

R7: Planning RES-2012-365 Public Hearing for Approval of General Plan Amendment No. 2012-025, Zoning Amendment No. 2011-192 and Conditional Use Permit No. 2011-

R8: Planning (ID # 1463) Waive the First Reading and Introduce an Ordinance Amending the Mariposa County Zoning Map Pursuant to Zoning Amendment No. 2011-

R9: Planning RES-2012-366 Board of Supervisors June 12, 2012 Public Hearing to Consider General Plan/Zoning Amendment No. 2011-068 Concerning Amendments to Title 17, Zoning and the Mariposa Town Planning Area Town Plan Regarding State Mandated Housing Element Programs. Adopt a Resolution with the Recommended Findings, Finding that the Project is Exempt from the California Environmental Quality Act, Directing Staff to File a Notice of Exemption for the Project, and Approving General Plan/Zoning Amendment No. 2011-068. (The Next Item is to Waive the First Reading and Introduce an Ordinance Amending Chapters 17.66, 17.108, 17.148, 17.320 17.324, 17.334 and 17.336 of the Mariposa County Code.) (Continued Public Hearing (Deliberation Phase) from June 19, 2012) Chair Bibby clarified that the following item/Ordinance is a part of this hearing. Kris Schenk and Sarah Williams were present to respond to questions. Larry Enrico/Senior Planner presented the staff report, and he advised that this application will be continued to June 19th so that the General Plan Amendments are processed together. The public portion of the hearing was opened and there was no public input. The public portion of the hearing was closed. Action was taken to continue the hearing to June 19th at 2:00 p.m. RESULT: CONTINUED BY MOTION [UNANIMOUS] Next: 6/19/2012 9:00 AM MOVER: Kevin Cann, District IV Supervisor SECONDER: Lee Stetson, District I Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen

R10: Planning (ID # 1452) Waive the First Reading and Introduce an Ordinance Amending Chapters 17.66, 17.108, 17.148, 17.320 17.324, 17.334 and 17.336 of the Mariposa County Code for GP/ZA No. 2011-068, Mariposa Town Planning Area Town Plan Regarding State Mandated Housing Element Programs (Continued Public Hearing (Deliberation Phase) from June 19, 2012) Action was taken under the previous item to continue the hearing to June 19th at 2:00 p.m. RESULT: CONTINUED BY MOTION [UNANIMOUS] Next: 6/19/2012 9:00 AM MOVER: Kevin Cann, District IV Supervisor SECONDER: Lee Stetson, District I Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen

R11: Personnel/Risk Management (ID # 1462) Approve a Three Year Memorandum of Understanding (MOU) with the Mariposa County Managerial and Confidential Organization (MCMCO) Effective November 1, 2011 and Authorize the Board of Supervisors Chair Board of Supervisors June 12, 2012 to Sign the MOU; Authorize the Auditor to Transfer Appropriations to Each

R12: County Counsel (ID # 1459) Closed Session Conference with Legal Counsel, Anticipated Litigation, Significant Exposure to Litigation Pursuant to Subdivision (B) of Government Code Section 54956.9. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Allen, District V Supervisor SECONDER: Lee Stetson, District I Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen

R13: Administration (ID # 1475) CLOSED SESSION: Public Employee Employment Title or Position to be Filled: (Government Code Section 54957 (B) (1); Planning Director RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Cann, District IV Supervisor SECONDER: Jim Allen, District V Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen

R14: Administration (ID # 1476) CLOSED SESSION: Public Employee Employment Title or Position to be Filled: (Government Code Section 54957 (B) (1); Health Officer The Board convened in the closed sessions at 4:25 p.m. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Allen, District V Supervisor SECONDER: Lee Stetson, District I Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen 5:22 p.m. Report from Closed Session: Chair Bibby announced the following: anticipated litigation/information was received and direction was given; Planning Director recruitment/information was received and direction was given; and Health Officer recruitment/information was received and direction was given. Q. Continue Meeting to June 15, 2012, at 8:30 A.M. Board of Supervisors June 12, 2012

R15: Personnel/Risk Management (ID # 1538) Board of Supervisors June 26, 2012 CLOSED SESSION: Public Employee Employment Title or Position to be Filled: (Government Code Section 54957 (B) (1); Planning Director Closed session to be held at 1:40 p.m. RESULT: ADOPTED [UNANIMOUS] MOVER: Lee Stetson, District I Supervisor SECONDER: Jim Allen, District V Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen

R16: Personnel/Risk Management (ID # 1532) CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee: Deputy Sheriffs' Association (DSA); Name of County Designated Representative: Richard J. Benson Supervisor Bibby was excused at 12:43 p.m. for action on this matter and the following matter for the SMA and from those portions of the closed session due to a potential conflict of interest as her spouse belongs to a bargaining unit in the Sheriff's Department. Closed session to be held at 1:40 p.m. RESULT: ADOPTED [UNANIMOUS] MOVER: Lee Stetson, District I Supervisor SECONDER: Jim Allen, District V Supervisor AYES: Lee Stetson, Lyle Turpin, Kevin Cann, Jim Allen EXCUSED: Janet Bibby

R17: Personnel/Risk Management (ID # 1533) CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee: Sheriffs' Management Association (SMA); Name of County Designated Representative: Richard J. Benson Closed session to be held at 1:40 p.m. RESULT: ADOPTED [UNANIMOUS] MOVER: Lee Stetson, District I Supervisor SECONDER: Jim Allen, District V Supervisor AYES: Lee Stetson, Lyle Turpin, Kevin Cann, Jim Allen EXCUSED: Janet Bibby N. Items removed from Consent Agenda None O. 12:45 p.m. - Lunch P. The Board convened in Closed Session at 1:47 p.m. Board of Supervisors June 26, 2012 Q. 2:02 PM Reconvene R. Report from Closed Session The Board reconvened with Supervisor Bibby excused for the following report. Vice- Chair Turpin announced that as a result of the closed sessions on labor negotiations with DSA and SMA that direction was given. Supervisor Bibby was present at 2:04 p.m. and announced that as a result of the closed session labor negotiations with SEIU that information was received and direction was given. The remaining closed session items were continued to after the following matter. Board of Supervisors (ID # 1537) Don Neubacher, Yosemite National Park Superintendent, Presentation and

R052: She advised of additional correspondence that was received and distributed prior to the hearing: June 12th letter from Starchman & Bryant Attorneys at Law relative to the Fortner Family Trust water tank, June 19th letter from Andy Hauge to replace pages to delete reference to carrying capacity, and a June 19th memorandum from Sarah Williams providing a Board of Supervisors June 19, 2012 recommendation for new text to implement the Board’s previous direction that the creation of a community system that abates a public health problem is not prohibited. She reviewed the hearing process; and she advised that staff needs to complete the Response to Comments to finish the final EIR, prepare a resolution approving the CVCP and amend the General Plan accordingly, with