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

Recommendations 12

• R1
  2013-41 Proclaim April 21-27, 2013, as "National Volunteer Week" No Public Comment. Supervisors Bibby, Cann and Jones commented on the great number of volunteers in the community, and thanked them all for their extensive efforts. Chair Stetson presented the Proclamation to Terri Peresan/Community Services Director. RESULT: ADOPTED [UNANIMOUS] MOVER: Janet Bibby, District III Supervisor SECONDER: John Carrier, District V Supervisor AYES: Stetson, Bibby, Cann, Carrier, Jones Human Services 2013-42
• R2
  Approve and Present Certificates of Recognition to Angela Burke, Volunteer – Greeley Hill Preschool and Marie Pretzer, Preschool Owner/Teacher - Kid Korral Preschool in Recognition of Their Nomination Board of Supervisors April 16, 2013 as "Hands on Heroes of Mariposa County" as Recommended by Mariposa County First 5 Commission (Jeane Hetland, First 5 Director) No public comment. Supervisor Jones noted his acquaintance with Angela Burke and commented that, without her, the charter school in Greeley Hill probably wouldn't exist. Chair Stetson read Angela Burke's Certificate of Appreciation, and introduced Jeane Hetland/Executive Director of First 5 who presented the Certificate. Ms. Hetland introduced Shirley Serrato, who commented on Angela's dedication to the Greeley Hill Preschool. Ms. Burke extended her thanks for the award. Chair Stetson read Marie Pretzer's Certificate of Appreciation. Jeane Hetland introduced Dr. Charles Mosher/Health Officer, who commented on the First 5 Commission's dental program, its importance, and Marie's support of the program with the children for whom she cares. Ms. Pretzer extended her thanks for the award. RESULT: ADOPTED [UNANIMOUS] MOVER: Janet Bibby, District III Supervisor SECONDER: Merlin Jones, District II Supervisor AYES: Stetson, Bibby, Cann, Carrier, Jones 9:23 AM Recessed 9:44 AM Reconvened Supervisor Stetson noted that he had pulled the wrong item from the Consent Section; that he had actually meant to pull CA11, and not CA12; and wondered as to the procedure to correct same. Steven W. Dahlem/County Counsel clarified that under the Board's Rules of Procedure, Resolution 90-231, the Board can reconsider the item at any time prior to the adjournment of this meeting; that it will take a majority vote to reconsider the item; and then the item will need to be considered with a separate vote. Supervisor Stetson inquired if the Board would be willing to reconsider item CA11 as a pulled item to be discussed later. Action was taken to reconsider item CA11, which has already been approved by the Board. Cann (M); Carrier (S); Passed unanimously. Chair Stetson requested clarification as to when CA12 should be considered. County Counsel advised that the Board should finish with item CA11 now, since action was just taken to allow for its reconsideration. Supervisor Bibby inquired if Chair Stetson wanted to consider it now, and offer the public an opportunity to speak on it. Chair Stetson answered Board of Supervisors April 16, 2013 affirmatively. The Board proceeded on to item CA11: Board of Supervisors RES-2013-137 Approve a Letter Providing Comments on the Merced River Draft Plan and Authorize the Board of Supervisors Chair to Sign the Letter No public comment at this time.
• R3
  Approve a Professional Services Agreement with Architectural Resources Group, Inc to Provide Historic Evaluation and Rehabilitation for the Mariposa County Courthouse in the Not-To-Exceed Amount of $79,750; and Authorize the Board of Supervisors Chair to Sign the Agreement Staff presentation by Peter Rei. Board Comments: Supervisor Bibby required clarification as to which fund this was coming from, whether the Judge's approval is needed, and whether it is within the budget. Mr. Rei responded. Public Comments: None Supervisor Bibby moved to approve the item as presented. Supervisor Cann seconded with the comment that he is glad that this firm is interested as they saved tens of millions of dollars on the stabilization of The Ahwahnee and he has high expectations for their output. ADOPTED [UNANIMOUS] RESULT: MOVER: Janet Bibby, District III Supervisor SECONDER: Kevin Cann, District IV Supervisor AYES: Stetson, Bibby, Cann, Carrier, Jones Public Works RES-2013-145
• R4
  Approve Change Order No. 4 with Lee-Way Construction in the Not-To- Exceed Amount of $21,865 for Total Compensation of $807,968.40 for Construction of the Steel Building for the Midpines Fire Station; and Authorize the Public Works Director to Sign the Change Order Peter Rei presented the Staff report noting that prior change orders brought the amount above the ten percent that he is authorized to approve; that Change Orders Numbers 1, 2, and 3 are included so that the Board can see the prior actions; but, that the Board is only authorizing Change Order No. 4 today. Board Comment:
• R5
  Approve Budget Action Transferring Funds Within the Water Agency Fund to Fund Legal Services through the Remainder of the Fiscal Year ($40,000) Peter Rei gave the staff presentation. Board comment: Supervisor Carrier inquired if the Water Agency Board has to approve this item. Rick Benson responded that they do not, as the Board of Supervisors controls the budget for the Water Agency, while the Advisory Board reports to the Board regarding grants and loans. Supervisor Cann requested clarification on the point. CAO responded. Supervisor Bibby noted that, in the past, the Board has heard from the Water Advisory Agency that there is no point in having them make determinations if the Board circumvents them. She further noted that what the Board has done in the past is to either get their approval first, or make sure to notify them afterwards. CAO clarified his understanding of past actions. Supervisor Bibby inquired if the Water Advisory Agency knows that this $40,000 is being encumbered. County Counsel noted that this item is implementing, from a budgetary standpoint, a contract that was already recommended by the Water Agency Advisory Board; that this is an ongoing obligation previously recommended by the Water Agency Advisory Board. Supervisor Bibby commented that it may be beneficial, as an informational item, to let the Water Agency Advisory Board know of this action at their next meeting; and that the $40,000 appropriated today is consistent with their recommendation for the contract. Supervisor Cann clarified that he understands that this is a continuation of a previous action, but that his concern is whether this Board needs to be convened as the Water Agency. CAO responded that Staff carefully considered the matter but felt that this is the correct procedure since this is merely a budgetary action. Supervisor Cann noted that, if this was not a continuing issue that was previously approved and with a cap on it, he would ask for a meeting of the Water Agency; that he is relying on assurances that it is legal; but, in the future, he would like to convene as the Water Agency Board before taking Water Agency actions. Public Comment: None. Supervisor Jones moved that the item be approved as presented. Supervisor Bibby seconded the motion, with the understanding that this meets all legal requirements, that the Water Agency Advisory Board will be informed of the action, and will be further informed that the Board of Supervisors is relying on advice that, because this item is for continued funding which is within the budget, they do not have to convene as the Water Agency. Supervisor Jones, as the motion maker, noted his agreement with that change. Board of Supervisors April 16, 2013 RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Merlin Jones, District II Supervisor SECONDER: Janet Bibby, District III Supervisor AYES: Stetson, Bibby, Cann, Carrier, Jones
• R6
  Administration RES-2013-147 Authorize the Building Director to Conduct Fire Inspections on Behalf of the Mariposa Public Utility District (MPUD) Effective Immediately Rick Benson gave the staff presentation, with Mike Kinslow/Building Department Director, and Mark Rowney/MPUD on hand to answer questions. Mr. Benson assured the Board that there would be no cost to the County, which will actually be collecting a small amount for processing. Board comment: Supervisor Bibby requested assurance from Mr. Kinslow that he is in agreement with undertaking these additional duties. Mr. Kinslow responded affirmatively, noting that he thinks the change will actually free up some time for him, as he won't have to go back and forth with the CAL FIRE inspector. Supervisor Bibby requested assurance from Mr. Rowney that the County can stop doing the inspections if it doesn't work, or becomes too time intensive. Mr. Rowney responded that he thinks so, and that it would just go back to CAL FIRE. CAO noted that this item authorizes only a 90 day period, and that any agreement that he brings back to the Board will have a provision for Mariposa County to end the agreement with reasonable notice. Mr. Kinslow assured that this won't take away from his main responsibilities. He also noted that the County has overall responsibility for the results of the fire inspection, and this way it assures that we have more local control over it. Supervisor Bibby noted Mr. Rowney's letter and requested clarification as to what is not consistent. Mr. Rowney explained that the previous State Fire Marshall had written a memorandum about using building officials, and she was in disagreement. However, he feels that Mr. Kinslow's qualifications meet all of the required Health and Safety Code requirements. Discussion ensued between Mr. Rowney and Supervisor Bibby regarding Ernie Paez. Supervisor Bibby requested something in writing to clarify that issue. She also requested a clause in the agreement to indicate that the County can get out of it if needed. Supervisor Jones commented that he thinks this is a win-win situation for everyone; that there would be no extra cost to the County; is a good example of people working together; will make our builders a lot happier; and he supports it fully. Supervisor Cann thanked Mr. Kinslow and Mr. Rowney for the efforts they have expended in this regard; feels this is a tremendous service to our business owners, building owners, and contractors. Supervisor Bibby noted that she thinks it is important that the public be made aware that we cannot charge to make a profit, only to cover costs; and that Mr. Kinslow will have to enforce the rules, whether they are from the State Fire Marshall, or from the County, and there can be no deals for not complying with the rules. Public Comment: None. Board of Supervisors April 16, 2013 Supervisor Bibby moved that the Board approve this; that we get verification from MPUD regarding the State Fire Marshall before it comes back for a final agreement; and that there be a clause in that final agreement that will allow the County to terminate should it not work for the Building Department. Supervisor Jones seconded with a comment thanking Mr. Kinslow and everyone for their hard work in this matter. RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Janet Bibby, District III Supervisor SECONDER: Merlin Jones, District II Supervisor AYES: Stetson, Bibby, Cann, Carrier, Jones 11:45 AM Recessed 11:54 AM Reconvened
• R7
  Administration 2013-43
• R8
  Accept the Mariposa County Economic Development Corporation's (EDC) Offer to Host a "Charting the Course to Prosperity" Local Elected Officials Leadership Workshop for the Board of Supervisors and to Select an Additional Five Participants to Attend the Workshop Supervisor Cann presented the item, with Roger Biery/Economic Development Commission assisting. Mr. Biery noted that he feels the timing is right for this item. Board Comment: Supervisor Jones noted that he is looking forward to participating. Board of Supervisors April 16, 2013 Supervisor Cann inquired as to the participation of the EDC in the event; feels that Roger should be there in an interactive capacity; thinks the Planning Director and/or the Deputy Planning Director should be there; and that Kathy McCorry should be included, as well. Supervisor Carrier required clarification as to the cost. Mr. Biery responded, noting that the entire cost will be borne by the EDC. Supervisor Carrier wondered if there is a Brown Act issue that would prevent all five Supervisors from attending. County Counsel responded that there is not, as it is educational. Supervisor Bibby noted that there are costs mentioned on agenda packet , and required clarification regarding same. Mr. Biery restated that there would be no cost to the County; that the EDC is already picking up the tab; and the Supervisors would be invited to attend, Supervisor Bibby inquired as to possible dates. Mr. Biery responded that it would most likely be in June.
• R9
  Board of Supervisors RES-2013-149 Adopt a Resolution Approving the Revised and Restated Central Sierra Economic Development District (CSEDD) Joint Powers Agreement (JPA) and Authorize the Board of Supervisors Chair to Sign the Agreement Supervisor Cann presented the item noting that this went before the County Counsels back in November, and all advised changes have been made. Board Discussion:
• R10
  Approve a Proportional Share of the Grant Match Requirement for the Central Sierra Economic Development District (CSEDD); and Approve Budget Action Transferring Funding Within the Economic Development Budget to Fund the Grant Match ($3,026) Supervisor Cann presented the item, with Roger Biery on hand to assist. Supervisor Bibby inquired as to how this is different from the previous plan that was presented, and requested clarification as to whether Mariposa County can withdraw, if necessary. Discussion ensued between Supervisor Bibby and Mr. Biery regarding same. Public Comment: Roger Biery noted that there is a typographic error under the "ALTERNATIVES AND CONSEQUENCES OF NEGATIVE ACTION" section of the agenda item, and that it should read "Do not approve the proportional share of the grant cash match." Supervisor Cann moved that the item be approved as requested, with the correction as noted by Mr. Biery. Seconded by Supervisor Jones. RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Kevin Cann, District IV Supervisor SECONDER: Merlin Jones, District II Supervisor AYES: Stetson, Bibby, Cann, Carrier, Jones 1:11 PM Lunch L. 2:00 PM Reconvene Μ. Fire (ID # 2307)
• R11
  CA11 was reconsidered later in the meeting
• R12
  CA12 pulled from Consent CA13. Board of Supervisors RES-2013-139 Approve a Letter Supporting AB 350 (Bigelow & Wickowski) - Forest Fire Prevention Act, and Authorize the Board of Supervisors Chair to Sign the Letter CA14. Administration RES-2013-140 Approve Budget Action Transferring Funding Within the Human Resources/Risk Management Budget to Fund the Human Resources/Risk Manager Position through the Remainder of This Fiscal Year ($21,778) E. Presentations Supervisor Bibby commented on the Hands-On Heroes Recognition, congratulating the recipients and thanking them for their service to the children of the County. Community Services