Kevin Cann, Chair District IV Merlin Jones, Vice-chair District II District I LEE Stetson Janet Bibby District III John*

Comments 5

• CO1
  Clerk of the Board of Supervisors (ID # 4205) Handouts from the Public Comment on Non-Agenda Items Portion of the November 12, 2014 Meeting RESULT: INFORMATION RECEIVED Board Information H. Supervisor Carrier reported: attending the October 28th Mariposa County Public Transit/Human Services Transit plan meeting; attending an October 29th meeting with a group of citizens; attending the October 30th Yosemite Sequoia Resource Conservation meeting in Clovis, noting that they discussed the grants to the Mariposa County Fire Safe Council who did accomplish all of the work by the October 31st deadline, and that PG and E was so impressed that they will probably be considering the grant program again next year; attending the Black and White Ball on November 1st; spending Monday in the office dealing with citizen complaints on road, parking, horse, and signage issues; attending a November 3rd meeting with Planning staff and the YARTS managers to look over prospective bus stops along Highway 41; attending the Community Services Fair on Thursday which was sponsored by Human Services; meeting with a citizen on November 6th on an issue regarding a neighbor; attending the 4-H dinner on September 7th, followed by the Motown Dinner at Savoury's; attending the Veterans Day program on Monday at Mariposa Elementary School; attending the Historic Sites Committee meeting on the 11th; and attending an In Home Health Services meeting, followed later that evening by the Fire Captains meeting. Supervisor Carrier advised that he will be attending: a November 13th meeting of the Cemetery Committee; the Friday Special Board meeting, followed by a Community Correction Partners meeting, followed by a meeting with the Human Services Director; and the California State Association of Counties (CSAC) annual conference all of next week. Supervisor Bibby discussed the passage of Proposition 47 noting her disagreement with it. She also advised that she viewed a training video for Los Angeles County Prosecutors and noted that the change in the law allows that bad checks below $950 will only be subject to a citation; that fraud and shoplifting can only be charged if value is $950 or more, and that store owners may face prosecution if they try to stop a shoplifter; that in cases of burglary, the property owner will have to prove the property value; and that the driving force with new crimes will be the value. Supervisor Bibby extended congratulations to Marshall Long the Supervisor-elect for District 3; noted that the Board did not put Measure K on the ballot without a lot of thought, and noted that it will be difficult and that the Board will need input as to what will need to be cut. She also reported attending: a meeting with Human Services on the 10th; the M.E.S. Veterans Day Ceremony on the 11th, noting that they have indicated that they want the event to be bigger; and the Fire Captains meeting, and she remarked that the portion that she attended was a great meeting. Supervisor Bibby advised that she will be attending: a meeting with some tribal representatives on the 14th; and a meeting with Building and the Assessor's Office regarding communication on enforcement issues and how to improve the green screen and make the information more readily available. Supervisor Stetson reported meeting yesterday with Chevon Kothari/Human Services Director. He also advised that he will be attending: the Midpines Planning Advisory Board of Supervisors Page 7 November 12, 2014 Committee meeting at 6:00 PM tonight; the Special Board Meeting on Friday; and the El Portal Planning Advisory Committee on November 18th. Supervisor Jones extended his congratulations to everyone who ran for office. He also noted his appreciation to our Veterans, and recounted losing a friend during the Vietnam War. He also asked everyone to keep the owner and employees of the Hotel Jeffrey in their thoughts and prayers, noting that he will be working today and tomorrow to see what he can do to help them. Supervisor Jones reported attending a meeting last week with Public Works relative to easement issues for the DRI grant on Dogtown Road, and reported that George Reed is doing a fantastic job on that project. He also noted that the rest of that week he was ill with a cold. Supervisor Jones reported that Lake McClure now sits at 8% of its capacity; noted that if they stretch all of their water as long as they can it will last through February; reported that they repaired one leak in the water transmission system, and their new Interim Manager is working on getting all of the leaks fixed; and he noted that Merced Irrigation District is looking at a project to move piping to the bottom of the lake which will have an estimated cost of ten million dollars. Supervisor Jones also reported that on November 10th he attended: a meeting with a local surveyor; a meeting with Supervisor Cann, Doug Wilson, and Pat Garcia regarding IRWM grant funding; a meeting with Supervisor Cann, Doug Wilson, Greg Ollivier, and Cal Recycling, noting that we need to do a better job on recycling and start keeping records to track our paper, pens and construction materials; the agenda review meeting on Monday; a meeting with Supervisor Cann and Chevon Kothari regarding restructuring the Human Services Department; a meeting with Dave Conway from Environmental Health; and the Fire Captains meeting with Supervisors Bibby and Carrier, noting that the new Fire Chief did an excellent job, and that this was the best of those meetings that he has attended. Supervisor Cann extended his thanks to Supervisors-elect Rosemarie Smallcombe and Marshall Long for putting themselves through the process, noting that he looks forward to having them on the Board. Supervisor Cann noted that, in addition to those meetings already discussed, he: met with the Hospital CEO on October 31st to try to assist them in formulating their long range plans; attended the Black and White Ball; met with the Chamber of Commerce on November 3rd regarding current and future Chairs of that board; met with County Counsel on the 4th regarding a couple of programs of the Rural County Representatives of California (RCRC); met with representatives of the local tennis club on the 5th regarding the deterioration of the tennis courts surface, and he noted that his intention is to discuss it at mid-year; and attended the Veterans Day Ceremony which was very well attended, and well represented by representatives for our elected officials. Supervisor Cann also noted, relative to the Solid Waste meeting that Supervisor Jones reported, that Cal Recycle is the management for all solid waste out of the California EPA, and noted that the nineteen similarly sized counties that are part of the RCRC generate only 1.8 percent of the solid waste in the state, yet Cal Recycle is trying to force them all to fall under all of the same regulations as the larger counties. Supervisor Cann advised that he will be attending: a Solid Waste Task Force meeting on the 13th, followed later that day by a Cemetery Ad Hoc Committee meeting; and the CSAC Conference next week where they have a joint officers meeting between the RCRC and CSAC to try to coordinate efforts on important issues. Regular Agenda Items I. Public Works RES-2014-582
• CO2
  Board of Supervisors 2014-100 Approve a Certificate of Recognition to Mariposa County High School on the Achievement of Its 100 Year Anniversary (Robin Hopper, Superintendent) Supervisor Jones welcomed Robin Hopper back to Mariposa. Supervisor Bibby extended her thanks to Ms. Hopper and the entire school for organizing the celebration; and extended her compliments to everyone as well as everyone else who helped or participated. Supervisor Cann discussed that three sources of great community pride are the Fairgrounds, the Court House, and the School and the school system. Public comment opened. Robin Hopper/Superintendent recognized Celeste Azevedo, Jenna Hayes, and Kelli Columbro. Ms. Columbro introduced Chelsea Shelton and Raegan Smith from the audience. Ms. Hopper also recognized Trace DeSandres, the school, and the community for their efforts. Public comment closed. Chair Cann invited the Board down to the floor, and the Certificate was presented to Ms. Hopper. Board of Supervisors November 12, 2014 Page 5 RESULT: ADOPTED [UNANIMOUS] MOVER: Merlin Jones, District II Supervisor SECONDER: Janet Bibby, District III Supervisor AYES: Stetson, Jones, Bibby, Cann, Carrier Recess 9:34 AM Chair Cann recessed the meeting for some refreshments and reconvened at 9:52 AM. F. Departmental Presentation For Items within the Jurisdiction of the Board and not on Today's Agenda Doug Binnewies/Mariposa County Sheriff - Interim Fire Chief briefed the Board on a fire at the historic Jeffery Hotel in Coulterville early this morning. He reported that: at about 1:00 AM, Mariposa dispatch received a 911 call from a hotel guest who reported smelling smoke; fire units and deputies were routed to the hotel, and then a second call was received reporting fire at the hotel; fire and support units arrived at the scene and immediately initiated fire suppression activity; the hotel fire suppression sprinklers helped significantly; they ended up with about 75 fire fighters from Mariposa County Fire, MPUD, Merced County Fire, and CAL FIRE; they were able to keep the fire contained to the hotel, and the restaurant and saloon appear to be intact; and that it was declared contained this morning, but that the cause of origin is still under investigation. Sheriff Binnewies also gave a historical overview of the hotel. Supervisor Bibby extended thanks for the updates and photos. In response to Supervisor Cann's query, Sheriff Binnewies also advised that there were no injuries. Supervisor Jones noted that the Board often only hears the negative things about the fire departments, but that he was there early and saw that they worked well together as a cohesive unit, and were very professional; and he extended his thanks to everyone for their efforts. Pete Judy/Chief Probation Officer: discussed the passage of Proposition 47 last week; noted that since Mariposa County is so small there will be little impact locally, and he discussed two examples; noted that there are about 47 probationers locally who would be eligible for a reduction of their services, but that they would have to petition; remarked that since the law went into effect immediately upon passage, there are a lot of questions; noted that because it took effect immediately, there is a lot of language that is unclear, and they are not sure if it impacts juveniles; and stated that there should be no significant impact initially. G. Public Comment on Non-Agenda Items For Items within the Jurisdiction of the Board and not on Today's Agenda (Speakers Limited to Five Minutes) David Taylor/Lake Don Pedro read from a prepared statement which discussed an October 5, 1992 letter from then County Counsel, Jeffrey Green, addressing Mariposa County's responsibilities for the Lake Don Pedro trail system. He concluded by questioning the need to wait for a trail advisory board. Mary Bass/Chamber of Commerce congratulated the High School on their anniversary; thanked all of the caregivers who work with our elderly and people in need; noted that the Chamber will help in any way it can regarding the Hotel Jeffery; and reported that Kathy McCorry is no longer with them, but that they are going to keep the events and committees going as well as continue to build on what is already going. Ms. Board of Supervisors November 12, 2014 Page 6 Bass also discussed "Shop Small Saturday" and noted that they have twenty kits at the Chamber for businesses who will be open on November 29th. She also advised that: their next event will be Merry Mountain Christmas on December 6th which will start at dusk, and she handed out parade applications to the Board members; the Chamber Installation Dinner will be on January 22nd; and they have scheduled the Business Expo for February 18th, and are going to combine it with the School Supply Party.
• CO3
  Planning RES-2014-610 Page 20 Board of Supervisors November 25, 2014 PUBLIC HEARING: Adopt a Resolution with the Recommended Findings; Directing Staff to File a Notice of Exemption for the Project; and Approving Zoning Ordinance Amendment No. 2014-078 2:13 PM Chair Cann opened the Public Hearing. Staff Report Eileen Collins gave the staff report, accompanied by a PowerPoint presentation. Ms. Collins referenced a change requested in a letter from Stoel Rives, and noted that the Planning Department would be happy to support this in regard to that contract. Ms. Collins noted that language which currently reads "...located in the General Plan Agriculture Working Landscape land use classification on large parcels of 160 acres..." under Permitted Uses on pages 7, 8, 9, and 11 of attachment N.1.g. (agenda packet pages 348, 349, 350, and 352), should be replaced with: "...located in the General Plan Agriculture Working Landscape land use classification which are 160 acres..." Ms. Collins also advised that if the suggested changes from the public regarding contiguous parcels is adopted, those same paragraphs will need to be amended to read: "a parcel or contiguous parcel located in the General Plan Agriculture Working Landscape land use classification which are 160 acres (or legal quarter section) or greater in size, when conducted in conformance with the State Surface Mining and Reclamation Act and County Code." Board Clarification Supervisor Carrier inquired as to the differences between permitted and conditional use permits; and required clarification as to whether the Board has the ability to deny a conditional use permit project if they determine that it does not fit into the county, with permitted uses not having that ability. Ms. Collins affirmed. Supervisor Carrier discussed issues that arose regarding the Silvertip Resort, and inquired if all mining operations should be a conditional or, alternatively, if the recommendation could be changed to state that mining operations are permitted on parcels of 160 acres and less, but that mining operations on parcels larger than 160 acres are conditional which would allow the Board control of future projects. Ms. Williams clarified that the fundamental difference between permitted and conditional uses is that "permitted use" means that the parcel is appropriate for that use in that zone regardless of its size or location, while a "conditional use" may or may not be appropriate, does include the public health and welfare, and is a parcel/project specific review. Ms. Williams also clarified that if the Board takes this action, it will be confirming the 2006 policies. Supervisor Bibby noted that counties were cautioned at one of the Mining Board meetings to look at their plans to see what they are allowing as permitted by right as compared to conditional use as the state will not deny the permit if it is in the General Plan, so those land use decisions need to be on the local level; and inquired as to the source for the definition that was used for mining. Ms. Williams noted that the definition comes from the General Plan, and is included in this action for consistency. Supervisor Bibby required clarification that permitted by right is what is current on Agriculture Exclusive, and that this is correcting that. Ms. Williams affirmed. Supervisor Bibby noted that when the Ag land transfers policy was adopted, it disregarded that great consideration was put into the question of what it would take to include or exclude Ag lands between land uses, and bypassed the conditions that had been crafted; remarked that this is making necessary steps to create buffers, while still recognizing and allowing permissible activity; and discussed the land transfer policy and that she thinks it will continue to be a problem in the future. Supervisor Bibby also discussed the need for timely processing and the collection of fees sufficient to do the reclamation process, in order to prevent cleanup costs to the County; and urged that the Board be quickly advised if Planning should become overwhelmed. Supervisor Cann required clarification as to the two active quarries. Ms. Williams noted that the text regarding two active slate mines was correct in 2006, but that it is no Board of Supervisors November 25, 2014 Page 21 longer correct as one is the mine that the County seized the reclamation monies and reclaimed earlier this year. Supervisor Cann inquired as to the acreage of that mine. Ms. Williams did not know off hand. A citizen responded 984 from the audience. Supervisor Cann requested clarification of whether this action would make that quarry a legally non- conforming activity if it was sitting on 140 acres; and required clarification that the Planning Commission's support of this matter was unanimous. Ms. Williams affirmed both. Supervisor Carrier inquired as to what authority the Board would have in a hypothetical situation where a mining operation was located on 3000 acres, which would be a permitted use at present, gets a permit from the state and has no real issues regarding CEQA, and then suddenly starts moving two million tons of dirt to great public outcry. Ms. Williams responded that the County issues the permit to mine, and not the State; and that the County approves a mining permit and reclamation plan, as well as an environmental review. Ms. Williams also noted that public health and welfare are also included in a conditional use permit. Supervisor Bibby noted that if the Department of Conservation is unhappy with what Mariposa County is doing they will request us to appear before them, and inquired if the Department of Mining and Reclamation is similar. Ms. Williams responded that they are an oversight state agency which is also involved when the mining permit is adopted as there are state fees that also need to be paid; and they are involved in reviewing all applications for new permits, all applications for amendments, and they may be involved in enforcement actions. Supervisor Bibby noted that the citizens of Mariposa County have to have trust that their voices will be heard, because conditional use permits also give the ability to give overriding reasons, like jobs, for permitting. Ms. Williams responded that the statement of overriding considerations is something that the lead agency needs to make a finding for. She also outlined the CEQA process noting that it is different from the conditional use permit process. Supervisor Bibby discussed permitting by right, and the importance of adhering to the General Plan. Public comment opened Kris Casto urged passage of this item, and extended thanks to the staff and Planning Commission. Jack Bankhead expressed concerns that this will impact small miners, noting that most of the mines in the area have 12-20 acres; and noted that an EIR is required regardless of whether it is permitted use or CEQA. David Butler operator of the existing slate quarry on Agua Fria remarked that everything worked before; and inquired what has changed since 2006 when they did the General Plan review and went over them. Public comment closed Supervisor Cann requested validation from Ms. Williams that that this action is attempting to implement those things that were agreed upon in 2006. Ms. Williams noted that the zoning ordinance in its current format was adopted at the end of the 1980s; in 2006 policies were amended with the General Plan; and that this action is seeking to codify those 2006 amendments. Supervisor Cann noted that the County went to great lengths to retain the inspection authority for surface mines, and requested clarification of same. Ms. Williams remarked that they tried to include an engineer who has gone to the training in their inspections; and that many other counties use outside consultants to do these technical inspections rather than use planners. Supervisor Bibby required clarification regarding how the grandfathering clauses in the General Plan will apply here with existing mines on less acreage. Ms. Williams responded that mining operations with existing permits and reclamation plans would only be impacted if they need to make amendments to their permit or reclamation plan, and then they would have to look at the requirement that mining is a conditional use on parcels less than 160 acres in size on any parcel in the Ag working landscape. Supervisor Board of Supervisors November 25, 2014 Page 22 Bibby discussed the multiple appearances before the Office of Mine Reclamation (OMR) several years ago, and the documentation and form that they want completed; and remarked that the issue of fees needs to be revisited. Supervisor Cann noted that we went through those actions because we felt we could provide a more fair, reasonable and timely service to those needing it. Ms. Williams advised that those requirements remain regardless of the Board's action today on this item. Supervisor Carrier requested clarification that this item essentially housekeeping to cleanup language to bring policies in line with the amendments made in 2006. Ms. Williams noted that it is housekeeping, but that the Board will be implementing the 2006 policies in zoning; and discussed same. Supervisor Jones required clarification of whether this is changing rules midstream. Ms. Williams responded that mining is permitted in the Ag Exclusive zone at this time with no consideration of parcel size; and remarked that this ordinance amendment would modify the process for mining operations on parcels less than 160 acres in size and would require a conditional use permit. Supervisor Jones noted that he is in favor of leaving it the way it was and just doing necessary clean-up. Public comment re-opened David Butler noted that he doesn't think the question regarding the grandfathering of existing operators was answered; and referenced an earlier comment regarding landowners and noted that some of these operations are run by lessees. He also noted that it will be a lot of paperwork and frustration to require existing operators to go back through and do a conditional use permit if they desire to amend their operation or reclamation plan. Ms. Williams noted that there is a provision in Title 17 that describes the ability for non- conforming uses to be continued to be maintained and expansions of up to 50% would be continued to be allowed; and that the zoning ordinances have some provisions that allow for some expansion in square footage before new requirements apply. Supervisor Bibby noted that this one of the areas that Mariposa County was censured on because the operation didn't match the paperwork, and the State is not going to tolerate that anymore. Public comment closed Board Deliberation Supervisor Bibby discussed the contiguous recommendation, and recommended that it go back before the Planning Commission and Agriculture Commission before Board action. Supervisor Jones required clarification regarding any selling clauses. Ms. Williams responded that operations cannot change significantly; that inspections are conducted annually; and an operator could not sell out. Supervisor Jones clarified that operators cannot sell off parts, once this is adopted. Ms. Williams responded that they could not continue to operate. Supervisor Carrier discussed his discomfort with adding language at this point; inquired as to the time that would be needed to send it back to the Ag commission and Planning Commission; and inquired as to any consequences from such a delay. Ms. Williams responded that it would take approximately three months; and that the consequence is staff time. Supervisor Carrier required clarification of why this language is now being inserted. Ms. Williams noted that the purpose of a public hearing is to get input from the public; and that these are amendments and suggestions that make sense as long as the operation is on both of those contiguous parcels. Supervisor Carrier inquired if there are any current operations that this would affect. Ms. Williams responded that it could potentially affect Mr. Bankhead who is operating on a 40 acre piece, with a 160 acre parcel next to it; and with this modification, Planning would have to say that the whole of the operation is a permitted use. Supervisor Bibby inquired if the issue of contiguousness ever came up. Ms. Williamson responded that it did not. Supervisor Bibby discussed existing operations, and the provisions that would apply. Board of Supervisors November 25, 2014 Page 23 Supervisor Stetson required inquired clarification of County Counsel as to whether the Board would be violating any process should they adopt this action today. County Counsel advised that the Board would need to make the determination of whether this change is substantial and should go back to the Agriculture Committee and Planning Commission. Supervisor Carrier noted that he would like to vet it back through since the Board does ask for input from those committees. Supervisor Bibby noted that her preference is also to send the item back through the process. Chair Cann called the question. Supervisor Jones noted that he does not see this as a substantial change. Supervisor Bibby inquired if this is a policy that will apply to new ones, not just those grandfathered in. Ms. Williams affirmed. RESULT: ADOPTED AS AMENDED [3 TO 2] MOVER: Merlin Jones, District II Supervisor SECONDER: Lee Stetson, District I Supervisor AYES: Lee Stetson, Merlin Jones, Kevin Cann NAYS: Janet Bibby, John Carrier
• CO4
  Planning (ID # 4215) Waive First Reading and Adopt an Ordinance Amending Mariposa County Code Title 17 Pursuant to Code Amendment No. 2014-078 to Implement General Plan Provisions for Processing Mining Permits Sarah Williams gave the staff report noting that the same edits need to be made so that the text on the resolution that was just adopted will be consistent with the ordinance; and with the correction that this will be to Introduce the ordinance. No public comment. The item was moved and seconded; and the Clerk of the Board read the title into the record. County Counsel clarified that the ordinance language would duplicate the language that was adopted by the Board in the immediately prior action. Supervisor Bibby noted that she has the same concerns as with the previous item. RESULT: INTRODUCED [3 TO 2] MOVER: Merlin Jones, District II Supervisor SECONDER: Lee Stetson, District I Supervisor AYES: Lee Stetson, Merlin Jones, Kevin Cann NAYS: Janet Bibby, John Carrier
• CO5
  Board of Supervisors RES-2014-611 Adopt a Resolution Amending Uniform Procedures for the Submission and Consideration of Complaints/Requests for Investigations Supervisor Bibby gave the staff report noting that if a private citizen brings a complaint their name is kept confidential, but if an employee does their names become Board of Supervisors November 25, 2014 Page 24 public; noted that this came out of a request from one of the departments; remarked that all this is attempting to accomplish is to make the County of Mariposa the complaining party instead; and stated that she also thinks it will promote code enforcement. Supervisor Carrier noted his agreement, remarking that it should go further so that citizens don't have to sign their name. Supervisor Jones concurred with Supervisors Bibby and Carrier. Supervisor Stetson noted that he would support editing the process to make it work. Supervisor Cann required clarification regarding frivolous complaints, noting that it would seem that guidelines need to be established. Supervisor Bibby suggested that oral complaints could be accepted and investigated as time permitted. Supervisor Cann inquired as to the process for anonymous complaints. Supervisor Bibby proposed that those be handled as time permits, with the assumption being that the departments will expedite investigations for those where someone puts down their name. Supervisor Bibby remarked that it is either a violation or it is not, and that no action will occur if it is a false complaint. Supervisor Carrier urged taking anonymous complaints, noting that if there is enough actionable information then we have a duty to act. Supervisor Jones concurred noting that, even if a person does not want to sign their name, they should be required to give enough information for the compliance officer to determine whether it is a legitimate complaint. Supervisor Bibby noted that the form outlines that, but that they just wouldn't have to sign it; and remarked that law enforcement still goes out even if someone doesn't give their name. Supervisor Cann inquired if the proposal is to accept the form with no reporting name. Supervisor Bibby responded that they can put down the nature of the violation and the property address so that the County can do its due diligence. Supervisor Stetson noted experiences with someone who continually complains, and inquired if they would be investigating every complaint that comes in from that same person. Sarah Williams suggested keeping the policy worded the way it is for oral complaints so that the complaint is only considered in cases where the department determines that there is an immediate threat to the public health and safety; but that for all other complaints, either signed or unsigned, we still require the complainant to fill out the form or provide some sort of correspondence which will provide staff with enough information on what the concern is and the location. Ms. Williams also noted that they treat all complaints the same, regardless of whether it is from an individual who submits numerous ones; and oftentimes they determine that there is not a violation with those complainants. Supervisor Cann required clarification that what is being suggested is to try, as much as possible, to have them fill out the form; and inquired if Ms. Williams is comfortable with leaving out the contact person. Ms. Williams responded that the person will not be able to know what the outcome of the investigation is unless they leave their contact information. Supervisor Cann suggested reminding people of that when they come in to fill out the form; remarked that all of the departments are really good at documenting investigations; and noted that he likes the recommendation to give the person the option. Supervisor Jones inquired if the Compliance Officer will be overwhelmed if this policy is implemented. Ms. Williams responded that he has more work now, but that she has often heard the criticism that the County doesn't enforce its own rules. Supervisor Jones inquired if many people decide against filing a complaint because they have to sign their name. Ms. Williams responded that they do have people who are uncomfortable with the form, and that she could follow up with a report in 6 to 12 months to let the Board know if there any been any significant changes. Supervisor Bibby noted that, hopefully, there will be a significant increase in building and planning fees; and that departments will not feel that one department is enforcing rules while others are not. Board of Supervisors November 25, 2014 Page 25 Public comment opened Marshall Long/Supervisor-elect District III noted that for those who complain he refers them to the first proposed seal of the United States which read "Mind your Business" on one side; inquired why we are allowing people to intimidate whistle blowers; noted that it can be very detrimental to the county's health and safety if you have a situation where people can be intimidated and kept from bringing forward complaints; and remarked that if you call in to Animal Control, or to the Sheriff's Office, no one asks for your name. Public comment closed Supervisor Bibby moved the item, amended in accordance with Ms. Williams suggestions to provide that the reporting party must fill out the form, but that the determination of leaving their name or phone number be left up to the reporting party; that we will not be releasing the name of the employee or the competing business; and that the signature line will say that it is optional. Chair Cann remarked that the Board did note that things that are determined to be frivolous will be treated appropriately. Supervisor Cann noted that Ms. Williams, as the supervisor, will need to help the employee with the triage. Ms. Williams also reminded that there is also still the ability to appeal. RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Janet Bibby, District III Supervisor SECONDER: Merlin Jones, District II Supervisor AYES: Stetson, Jones, Bibby, Cann, Carrier Items removed from Consent Agenda None. N. Adjournment 3:47 PM Chair Cann adjourned the meeting in memory of Marilyn Eastwood, and Ozella Roach. Respectfully submitted, RENÉ Laroche Clerk of the Board KEVIN CANN Chair, Board of Supervisors Mariposa County Ш P.O. Box 784 Mariposa, CA 95338 (209) 966-3222 5100 Bullion Street http://www.mariposacounty.org/ KEVIN CANN, CHAIR DISTRICT IV MERLIN JONES, VICE-CHAIR DISTRICT II DISTRICT I LEE STETSON JANET BIBBY DISTRICT III JOHN CARRIER DISTRICT V MINUTES December 2, 2014 Call to Order and Roll Call Α. 9:02 AM Chair Cann called the meeting to order at the Mariposa County Government Center, noting that there was a quorum with all Board members present. Attendee Name Title Arrived Status District I Supervisor 9:02 AM Lee Stetson Present Merlin Jones 9:02 AM District II Supervisor Present District III Supervisor 9:02 AM Janet Bibby Present Kevin Cann District IV Supervisor 9:02 AM Present John Carrier District V Supervisor Present 9:02 AM В. Pledge of Allegiance The Pledge was led by Supervisor Carrier followed by a moment of silence in honor of our men and women in uniform in the United States and across the globe. C. Introductions None. Approval of Consent Agenda (Items designated by "CA") D. 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. No public input. Regarding CA6, Supervisor Jones noted that there have been questions as to the status of the Coulterville Visitor Center, and he reported that it is open and running. Regarding CA7, Supervisor Cann extended his thanks to Supervisor Carrier for Board of Supervisors December 2, 2014 Page 2 bringing this item and discussed Ms. Callaway's many contributions to various entities. Supervisor Bibby extended her thanks to Supervisor Jones for the information on CA6 and for the request for monthly reports. Regarding CA9, Supervisor Cann noted this was previously a block grant and inquired if it is competitive and if we are at risk of losing the funding. Pete Judy/Chief Probation Officer responded that it was a block grant, but is now competitive; remarked that this year the money is actually a Federal grant and that it has been shifted over to BSCC to manage the grant who has a different focus; reported on ongoing issues with adolescents with mental health issues; and discussed current efforts with law enforcement, Human Services, and the school district to address recognized issues. Supervisor Cann inquired as to when we might expect to hear on this. Chief Judy responded that it is scheduled for March; that they did not extend the timeframe; that the funding has been divided by county size; and he feels that we will be competitive with similar sized counties. Supervisor Cann required clarification that there was no definitive time on when we might hear. Chief Judy noted it was already submitted as it was due last week and he hopes that we hear about it after the first of the year. Supervisor Bibby noted that she needs to recuse herself from CA12 as William Hodson is her brother-in-law, and while she has no financial tie she would like it considered separately. Regarding CA13, Supervisor Bibby sought clarification that this would just be for pre-crisis services for mental health emergency response. Doug Binnewies/Mariposa County Sheriff stated that this is primarily for crisis security; and he noted his appreciation for the comment as he has urged private security onsite at John C. Fremont Hospital. Supervisor Bibby remarked that she knows we will always respond, but that this may need to be reconsidered if it becomes a problem later. Supervisor Carrier made an announcement regarding a December 9th item, as an appointee for that item was in the audience. Regarding CA13, Supervisor Cann complimented the makeup of the contract as it precludes discussions of who pays. RESULT: ADOPTED [UNANIMOUS] MOVER: Janet Bibby, District III Supervisor SECONDER: Lee Stetson, District I Supervisor AYES: Stetson, Jones, Bibby, Cann, Carrier CA1. Administration RES-2014-612 Resolution Continuing the Local Drought Emergency CA2. Administration RES-2014-613 Resolution Continuing the Local Emergency Due to Landslides on Highway 140 En Route to Yosemite National Park CA3. Administration RES-2014-614 Resolution Continuing the Local Emergency Due to the Wild Land Fire Known as the El Portal Fire CA4. Administration RES-2014-615 Resolution Continuing the Local Emergency Due to the Wild Land Fire Known as the Bridge Fire CA5. Administration RES-2014-616 Page 3 Board of Supervisors December 2, 2014 Approve the Juvenile Defense Attorney Services Agreement with the Mariposa County Superior Court, and Authorize the Board of Supervisors Chair to Sign the Agreement CA6. Administration RES-2014-617 Approve First Amendment to the Coulterville Visitors' Center Agreement Changing the Contractor to the Hotel Jeffery Inc.; Authorize the Board of Supervisors Chair to Sign the Amendment CA7. Board of Supervisors 2014-103 Approve a Certificate of Recognition to Merita Callaway, Supervisor District III - Calaveras County for Her Dedicated Service on the Area 12 Agency on Aging Joint Powers of Authority CA8. Health RES-2014-618 Approve the 2014-2015 Centers for Disease Control (CDC) Public Health Emergency Preparedness (PHEP), State General Fund (GF) Pandemic Influenza and HHS Hospital Preparedness (HPP), Funding Allocation Agreement No. 14- 10517, with the State of California Department of Public Health for Fiscal Years 2014-2017 in the Amount of $511,875 and Authorize the Board of Supervisors Chair to Sign an Agreement, and Other Documents to Secure Funding as Delineated Within the Agreement (Subject to County Counsel Approval as to Form) CA9. Probation RES-2014-619 Approve the Application for the Justice Assistance Grant (JAG) Administered through the State of California Board of State and Community Corrections (BSCC) in the Amount of $546,254, Commencing on March 01, 2015, through December 31, 2017; and Authorize the Chief Probation Officer to Sign the Grant Application CA10. Sheriff's Office RES-2014-620 Approve Sheriff's Office Reorganization Effective January 1, 2015 by Unallocating One (1) Sheriff's Deputy Position in the Sheriff's Budget and Allocating and Funding One (1) Sheriff's Patrol Sergeant Position in the Sheriff's Budget; Approve Budget Action Transferring Funding Within in the Sheriff's Budget to Accommodate the Reorganization ($25,930) CA11. Sheriff's Office RES-2014-621 Approve an Agreement with Forensic Nurse Specialists of Central California, Inc. for Sexual Assault Examination Services for Mariposa County Sheriff's Office Investigations, and Authorize the Board of Supervisors Chair to Sign the Agreement CA12. was Considered Separately CA13. Sheriff's Office RES-2014-622 Approve a Memorandum of Understanding Between John C. Fremont Healthcare District and Mariposa County for Security Services for Pre- Board of Supervisors December 2, 2014 Page 4 Crisis/Crisis Patients, and Authorize the Board of Supervisors Chair to Sign the Memorandum of Understanding CA14. Treasurer-Tax Collector-County Clerk RES-2014-623 Adopt a Resolution Approving the Statement of Votes Cast as Certified to the Secretary of State on November 21, 2014 Items Considered Separately CA12. Sheriff's Office RES-2014-624 Approve an Agreement with William Hodson as an Expert in Fire Service Operations to Support Mariposa County Fire, and Authorize the Board of Supervisors Chair to Sign the Agreement 9:20 AM Supervisor Bibby left the room. Supervisor Cann noted that it had also been agreed to hire a retired fire chief who was strongly endorsed by all sides of the argument, and inquired as to the status. Sheriff Binnewies responded, noting that he continues to work with HR on the extra help fire chief job description and that it is near completion; stated that they have been in the process since approximately September; remarked that they continue to communicate with the candidates who continue to be interested in assisting; and noted that things are moving forward with the retired Kings County fire chief. Supervisor Cann remarked that the Board felt that position was vital to the health of the new organization. Supervisor Carrier inquired if there will be a report on the reorganization and future plans once the job description is completed. Sheriff Binnewies affirmed, noting that there will probably also be a briefing prior to that. RESULT: ADOPTED [4 TO 0] MOVER: John Carrier, District V Supervisor SECONDER: Merlin Jones, District II Supervisor AYES: Lee Stetson, Merlin Jones, Kevin Cann, John Carrier RECUSED: Janet Bibby 9:23 AM Supervisor Bibby returned to the Chambers. Departmental Presentation E. For Items within the Jurisdiction of the Board and not on Today's Agenda Becky Hagen/Commander Mariposa Area CHP Office introduced Bryan Romine, one of three new officers, and noted that he has roots in Ahwahnee and is a third generation CHP Officer in this office; the first being Glenn Savage, then Glenn's son-in-law Tim Gilcrease, and now Bryan. Lt. Hagen advised that the other three officers will report on Thursday. Supervisor Bibby welcomed Officer Romine. Lt. Hagen reported on an incident yesterday with a suspicious object on Highway 49 which appeared to be a pipe bomb; noted that they closed the highway and called the Merced bomb squad; described the appearance of the object; noted that the bomb squad deployed a robot and used a water canon to break the object apart where it was found to be a homemade container for locksmith tools; and advised that they reopened the highway once it was determined that Board of Supervisors December 2, 2014 Page 5 it was not a bomb. Supervisors Cann and Bibby extended their thanks for all of the efforts. Supervisor Jones noted his appreciation for the update. Lt. Hagen discussed the efforts to publicize the event as it was happening. Doug Binnewies/Mariposa County Sheriff updated the Board on the incoming storm, and assured that the Sheriff's Office and County Road Department are working with Yosemite National Park and other partners regarding the burn scar areas as there is some concern regarding mudslides in areas like El Portal. Supervisor Stetson extended his thanks for the updates. Supervisor Cann discussed the issues that surrounded the Arch Rock Fire several years ago. Doug Wilson/Interim Public Works Director reported that new collection fees for Solid Waste has been requested and reviewed to go into effect on April 1, 2015, with the rate for town being $65.19 per month for once a week pickup, $92.86 for once a week pickup out of town, $46.80 for once per month in town, and $19.57 per month for one 32 gallon can once per week in Coulterville. Supervisor Bibby noted that, in the past, the Board has requested justification for the rates; questioned how they can drive all the way from Mariposa to Coulterville and charge so little compared to those for out of town; and inquired if a request can be made for them to come in and explain. Mr. Wilson affirmed that he will contact them and request an update. Supervisor Carrier inquired if the rate increases also pertain to the community of Wawona. Mr. Wilson responded that he believed they did but that he will have to verify. Supervisor Carrier requested that information before Friday when he will be attending a Wawona Town Planning Committee meeting. F. Public Comment on Non-Agenda Items For Items within the Jurisdiction of the Board and not on Today's Agenda (Speakers Limited to Five Minutes) Mary Bass/Chamber of Commerce reported that the Visitor Center has been experiencing normal seasonal slowdown but was very busy yesterday due to the bomb scare. She also noted that Damien Riley has been attending a lot of meetings and is proving himself to be an asset to the Chamber. Ms. Bass advised that: there will be another Shop Small Saturday this weekend, and they will be accepting parade applications until noon this Saturday; the Chamber Installation Dinner will be held on January 22nd at the Fairgrounds with Karen Cutter taking over; and the Business Expo will be held on February 18th and will be combined with the School Supply Party, and they will be offering businesses incentives to provide supplies. Pete Judy/District IV resident recounted the care with which his parents considered his schools; discussed his own considerations when he first moved to this area, noting that parents often consider schools when choosing where to reside; discussed the declining enrollment at Mariposa County High School and remarked that there would be concern if the numbers represented a decline in visitors; recounted an item from last week's meeting where the Unified School District Superintendent was requesting financial assistance to fund a video, and remarked that she is telling us that there is a problem that we have to help solve; stated that to say that taxpayer dollars should not be used to support the school says that we agree with only supporting tourism and having an old retired community with no young children and he thinks that is wrong; stated that we are going to have to solve the school problem if we want a viable community that includes young families as opposed to merely a retirement community; and concluded that we have a system with some good teachers, but that he would be hesitant to recommend the school to people coming in with young children because of the downward spiral. Board of Supervisors December 2, 2014 Page 6 Board Information G. Supervisor Carrier advised that he will be attending: the IRWMP meeting this Wednesday; a meeting with a person interested in moving to the community who has some questions; the County EMS meeting on Thursday; and the Wawona Town Planning Advisory meeting on Friday. Supervisor Bibby noted that the door is not closed with the School District but that she thinks there is a better way to capture all of its positives than a four minute video; discussed that the last request was an issue; remarked that she thinks it will take a marketing standpoint to really sell worldwide and she thinks that the Community Development Coordinator can be used to start marketing that; and remarked that she thinks there will be future partnerships with the school. Supervisor Bibby advised that she will be attending: the Bridgeport Fire Station ribbon cutting today at 3:00 PM, and she extended an invitation to the community to attend; the Mental Health Governing Board meeting on the 4th, and she encouraged the board members to consider serving on the committee when she leaves; a Health Committee meeting on the 4th; and a Community Action meeting in Calaveras on the 8th, followed later that day by a First Five Commission meeting in Mariposa. Supervisor Bibby also encouraged the public to attend the Merry Mountain Christmas Parade on Saturday. Supervisor Stetson reported that he discussed a variety of issues with constituents last week. He also advised that he will be attending: the Bridgeport Fire Station ribbon cutting today; a meeting at the Bug Hostel on Thursday regarding Economic Development in Midpines; a meeting with Dr. Mosher on Friday; and a variety of advisory committee meetings next week for Midpines, El Portal, and Yosemite West. Supervisor Jones noted that he, too, will work with the School District in any way he can. He also advised that Lake Don Pedro water levels are very low and that the CSD is having an emergency meeting tomorrow to determine how much more water they can access. Supervisor Jones reported that he: helped with clean up at the Hotel Jeffery on the 29th, noting that about 20 members of E Clampus Vitus showed up and did a great job; attended the agenda review meeting yesterday; had lunch with Damien Riley, the Interim Executive Officer for the Chamber of Commerce; met with Building and the Interim Fire Chief about working together on inspections of fire sprinklers in new constructions; met with the Assessor, the Tax Collector, County Counsel and CAO regarding the engineer's report on CSA3, noting that people who took the homeowner's exemption will be assessed the $80. Supervisor Jones also reported that the DRI project is progressing, but that people are driving faster now and people have been calling to inquire about speed limit signs. Supervisor Cann discussed the school enrollment issue, noting that Tuolumne County and Calaveras County are also experiencing declines. Supervisor Cann reported attending: a meeting with a Tourism Board member last Tuesday regarding moving forward in the wake of the Transient Occupancy Tax (TOT) vote; a meeting yesterday with a homeless gentleman who wants to volunteer, and who provided great insight into his experiences; and a meeting last week on homeless issues, noting that they had a good cross section but that they need an even broader cross section in the future. Supervisor Cann also advised that he will be: attending a meeting with a researcher from Yolo County who is interested in rural populations; working on Parking District issues on Thursday; and attending an important RCRC meeting next Tuesday with Tara Schiff. Announcement 10:05 AM Chair Cann announced that a presenter from the Sierra Business Council is still in transit, and inquired if the Board would consent to hearing agenda item J.1 at 1:30 PM today. The Board concurred, and Sarah Williams/Planning Director was directed to relay the message to the presenter. Board of Supervisors December 2, 2014 Page 7 H. Regular Agenda Items Sheriff's Office RES-2014-625

No Responses Found 1

Government entities assigned to respond to this report. No response documents have been linked in our database.