Ariposa Ounty

Comments 13

• CO1 Page 25
  Public Works RES-2018-75 Approve a No-Cost Lease for Airport Hanger #1 to Roy Anderson and Kent Lentz of the Airport Museum Committee in Consideration for the Installation of a Concrete Floor in the Hanger at No-Cost to the County and Allow the Leaseholders the Ability to Sub-Lease a Portion of Hanger #1 to Skydive Yosemite, LLC at $250.00 Per Month for Use as Their Interim Base of Operation with Sub-Lease Payments Directed to Airbornne Aviation, LLC with Funds to be Distributed in Accordance with the Board of Supervisors February 20, 2018 Page 6 Contractual Agreement with the County; and Authorize the Public Works Director to Sign the Agreement Mike Healy gave the staff report. No public input. Supervisors Long, Menetrey and Smallcombe expressed their support for the item. Supervisor Jones expressed support, but requested assurances that Public Works will monitor to ensure that museum contents are aviation-related to comply with Federal Aviation Administration rules. Mr. Healy concurred. RESULT: ADOPTED [UNANIMOUS] MOVER: Miles Menetrey, District V Supervisor SECONDER: Marshall Long, District III Supervisor AYES: Smallcombe, Jones, Long, Cann, Menetrey J. Items removed from Consent Agenda None. K. Adjournment 11:06 AM Chair Smallcombe adjourned the meeting in memory of Michael Lichtenstein, George Matlock, Norman Murrell, Richard Jarrett, and Norman Wehman. Respectfully submitted, RENÉ LaROCHE Clerk of the Board ROSEMARIE SMALLCOMBE 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/ ROSEMARIE SMALLCOMBE, CHAIR DISTRICT I MILES MENETREY, VICE-CHAIR DISTRICT V MERLIN JONES DISTRICT II MARSHALL LONG DISTRICT III KEVIN CANN DISTRICT IV ACTION SUMMARY MINUTES January 23, 2018 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 Rosemarie Smallcombe District I Supervisor Present 8:50 AM Merlin Jones District II Supervisor Present 8:50 AM Marshall Long District III Supervisor Present 8:50 AM Kevin Cann District IV Supervisor Present 8:50 AM Miles Menetrey District V Supervisor Present 8:50 AM B. Pledge of Allegiance The Pledge was led by Marvin Wells. C. Introductions None. D. Approval of Consent Agenda (Items designated by "CA") No public input. RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Cann, District IV Supervisor SECONDER: Merlin Jones, District II Supervisor AYES: Smallcombe, Jones, Long, Cann, Menetrey CA1. Administration RES-2018-28 Resolution Continuing the Local Emergency Due to Landslides on Highway 140 En Route to Yosemite National Park Full audio recordings of the meetings may be found at: www.mariposacounty.org/bosagendas Board of Supervisors January 23, 2018 Page 2 CA2. Administration RES-2018-29 Resolution Continuing the Local Emergency Due to Extremely High Levels of Tree Mortality in Mariposa County CA3. Board of Supervisors 2018-14 Approve Certificates of Recognition for Quinn Whatley of Mariposa County High School, Kendyll Cruz of Atwater High School, Annamarie Sofranek of Buhach Colony High School, Kayla Medina of El Capitan High School, Alma Gonzalez- Garcia of Golden Valley High School, Ashleigh Kristin Huerta of Livingston High School, and Nolan Fournier of Merced High School for Their Receipt of Good Citizens of the Year Awards Presented by the Merced River Chapter of the National Society Daughters of the American Revolution (NSDAR) (Board Chair) CA4. Health RES-2018-30 Approve Budget Action Increasing Revenue by $144,088 and Increasing Expenditures by $118,594 in the Health Department 17/18 Budget, Which Will Result in a Return of $25,494 to the General Contingency Fund 4/5ths Vote Required CA5. Human Resources/Risk Management RES-2018-31 Approve Proposed Amendments to the Cadastral Drafting Technician I/II Job Description CA6. Human Services/Behavioral Health & Recovery Services RES- 2018-32 Approve an Agreement with the County of El Dorado to Provide Acute Psychiatric Inpatient Care Services for Clients Referred by Mariposa County Behavioral Health in an Amount Not to Exceed $50,000 Per Fiscal Year; and Authorize the Board of Supervisors Chair to Sign the Agreement CA7. Public Works RES-2018-33 Appoint Steven Bacus to the Parks and Recreation Commission Representing District II with a Term Expiring January 23, 2022; Re-Appoint Stacie Dayhoff Representing District I with a Term Expiring January 23, 2022; Re-Appoint Mary Ann Visher Representing District III with a Term Expiring January 23, 2022 CA8. Public Works 2018-15 Reappoint Sandra Ziegenfuss and Judie Hoffman for Three (3) Year Terms Expiring December 31, 2021, to the Catheys Valley Cemetery Ad Hoc Committee E. Departmental Presentation None. Board of Supervisors January 23, 2018 Page 3 F. Public Comment on Non-Agenda Items Ken Jorgenson discussed a link to an article that he sent to the Board regarding cosmic rays being associated with cloud formation and advised that climate change is a natural thing; and discussed a California law regarding voter registration and advised the Board that they can join a lawsuit by the Citizens for Fair Representation. Dane Carlson/Chamber of Commerce advised that the Mariposa Visitor Center statistics were up 215% year over year during the period that the Federal government was shut down; advised that they are working on a hotel occupancy survey; and recounted a recent discussion that he had with a local hotel owner who stated that he cannot run his hotel to full capacity because he is having trouble finding employees due to the lack of housing. Marvin Wells noted that February 14th is coming up and urged the Board to donate blood before then as there is nothing more important than saving a life; and advised that he has donated a total of 188 pints. G. Board Information Information received. Recess Board of Supervisors 9:13 AM Chair Smallcombe recessed the Board of Supervisors meeting followed by the Clerk reading the Government Code 54952.3 announcement. The gavel was then passed to Marshall Long. H. AIR POLLUTION CONTROL DISTRICT 9:45 AM Chair Long convened the Air Pollution Control District (APCD) meeting. Public Comment Period Ken Jorgenson discussed carbon dioxide from the Detwiler Fire, noting that there is nothing that the EPA or the Board can do about it; and discussed the requirement for four foot by four foot burn piles, noting that the best kind of fire is a hot fire. Michael Beaudoin/Fire Safe Council disagreed with the previous comments regarding the Detwiler Fire, noting that there are things that the Board and others can do to stop catastrophic fires. Darryl Tucker noted that it would help if the County would drop the restrictions to get a permit for dozing brush as people need to be able to brush their property; and advised that the burned brush is growing in thicker. Supervisor Cann noted that there is no debate on the need for the brush clearing; noted that larger piles can be burned with appropriate permits; and advised that the permits are necessary to ensure that people know how to manage those large fires. Dave Conway/Environmental Health Manager noted that CAL FIRE has removed the four foot by four foot size requirement as of today, and that it is only a requirement during times when fires could escape. Mr. Conway also noted that Air Pollution Control District permits are still needed. Board of Supervisors January 23, 2018 Page 4 Supervisor Jones noted that CAL FIRE does a great job with the permits. Supervisor Long concurred with the need to reduce fuel loads to prevent another Detwiler Fire, noting that the value is in the grass. APCD Regular Agenda 1. Clerk of the Board of Supervisors APCD-2018-1 Selection of the 2018 Mariposa County Air Pollution Control District Board Chair René LaRoche/Clerk of the Board gave the staff report. No public input. Discussion ensued regarding the potential of a meeting of Air Pollution Control District chairs that is held in conjunction with an RCRC meeting. ACTION: Kevin Cann was selected to be the 2018 APCD Board Chair. RESULT: ADOPTED [UNANIMOUS] MOVER: Merlin Jones, District II Supervisor SECONDER: Miles Menetrey, District V Supervisor AYES: Smallcombe, Jones, Long, Cann, Menetrey 2. Clerk of the Board of Supervisors APCD-2018-2 Selection of the 2018 Mariposa County Air Pollution Control District Board Vice-Chair No public input. ACTION: Miles Menetrey was selected to be the 2018 APCD Board Vice- Chair. RESULT: ADOPTED [UNANIMOUS] MOVER: Merlin Jones, District II Supervisor SECONDER: Marshall Long, District III Supervisor AYES: Smallcombe, Jones, Long, Cann, Menetrey 3. Health APCD-2018-3 PUBLIC HEARING Approve Air Pollution Control District Rule 513 Revision to Comply with USEPA Requirements Dave Conway gave the staff report, noting a correction in the Applicability section. No public input. Discussion ensued regarding the regional group member counties and how often it meets. Director Cann noted that he would be willing to assist with setting up a meeting. Director Menetrey expressed his interest in attending. CORRECTION: Item 2 - APPLICABILITY should read: The requirements of this Rule are applicable to any stationary source which emits or may emit criteria pollutants including, but not limited to, oxides of nitrogen (NOx) or reactive organic compounds (ROCs). Board of Supervisors January 23, 2018 Page 5 RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Rosemarie Smallcombe, District I Supervisor SECONDER: Marshall Long, District III Supervisor AYES: Smallcombe, Jones, Long, Cann, Menetrey Adjourn APCD 10:10 AM Chair Cann adjourned the APCD meeting. I. LOCAL TRANSPORTATION COMMISSION 10:10 AM Chair Long convened the Local Transportation Commission (LTC) meeting. Public Comment Period None. LTC Regular Agenda 1. Clerk of the Board of Supervisors LTC-2018-1 Selection of 2018 Local Transportation Commission Chair René LaRoche/Clerk of the Board gave the staff report for this and the next item. No public input. ACTION: Marshall Long was selected to be the 2018 LTC Board Chair. RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Cann, District IV Supervisor SECONDER: Merlin Jones, District II Supervisor AYES: Smallcombe, Jones, Long, Cann, Menetrey 2. Clerk of the Board of Supervisors LTC-2018-2 Selection of 2018 Local Transportation Commission Vice-Chair No public input. ACTION: Merlin Jones was selected as the 2018 LTC Board Vice-Chair. RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Cann, District IV Supervisor SECONDER: Miles Menetrey, District V Supervisor AYES: Smallcombe, Jones, Long, Cann, Menetrey 3. Planning LTC-2018-3 Adopt a Resolution Authorizing an Application for Grant Funding from National Fish and Wildlife Foundation (NFWF) Five Star and Urban Waters Board of Supervisors January 23, 2018 Page 6 Restoration to Implement a Restoration and Education Program for the Mariposa Creek Parkway, Phases 1 and 2 Sarah Williams/Planning Director recognized Mikey Goralnik for his efforts in this program. Brian Foucht/Deputy Planning Director discussed the partner entities. No public input. CORRECTION: The signature block is to be updated to reflect the correct chair. RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Kevin Cann, District IV Supervisor SECONDER: Merlin Jones, District II Supervisor AYES: Smallcombe, Jones, Long, Cann, Menetrey Adjourn LTC 10:23 AM Chair Long adjourned the LTC meeting. Reconvene as Board of Supervisors 10:23 AM Chair Smallcombe reconvened the meeting. J. Regular Agenda Items 1. Board of Supervisors (ID # 7867) Receive a Presentation from the Mariposa County Fire Safe Council (Michael Beaudoin) No public input. 10:21 AM Chair Smallcombe recessed the meeting for a brief break and reconvened at 10:29 AM. Michael Beaudoin gave a PowerPoint presentation that provided an overview of Fire Safe Council projects; and advised that his last day in the office will be January 29th. Wendy Brown/Mariposa County Fire Safe Council Board Chair discussed Mr. Beaudoin's efforts and the recruitment for his position. The Board discussed Mr. Beaudoin’s many contributions, extended congratulations, and wished him well in his new endeavor. RESULT: INFORMATION RECEIVED 2. Human Resources/Risk Management RES-2018-34 Appoint Dallin Kimble as Interim Technical Services Director Effective Immediately Steven W. Dahlem/Interim Human Resources Director gave the staff report. No public input. Board of Supervisors January 23, 2018 Page 7 RESULT: ADOPTED [UNANIMOUS] MOVER: Marshall Long, District III Supervisor SECONDER: Merlin Jones, District II Supervisor AYES: Smallcombe, Jones, Long, Cann, Menetrey K. Items removed from Consent Agenda None. L. Closed Session 1. Human Resources/Risk Management (ID # 7856) CLOSED SESSION - Conference with Legal Counsel: Existing Litigation; Aron Akbiyikian V. Ambrosini Helicopters, Inc. Et Al, Case No. 15CEG02367 - Intervenor County of Mariposa No public input. RESULT: CLOSED SESSION HELD 2. Human Resources/Risk Management (ID # 7858) Closed Session: Conference with Legal Counsel; Anticipated Litigation; Significant Exposure to Litigation Pursuant to Subdivision (B) of Government Code Section 54956.9; Cases to be Discussed: 1 No public input. RESULT: CLOSED SESSION HELD 3. Human Resources/Risk Management (ID # 7874) CLOSED SESSION: Public Employment: Agricultural Commissioner / Sealer of Weights & Measures No public input. RESULT: CLOSED SESSION HELD Recessed 11:13 AM Chair Smallcombe recessed the meeting into Closed Session. Report Out 12:00 PM Chair Smallcombe reported out from Closed Session that Information was Received and Direction was Given in Closed Sessions item L.1. and L.3.; and Information was Received in Closed Session L.2. /// Board of Supervisors January 23, 2018 Page 8 M. Adjournment 12:01 PM Chair Smallcombe adjourned the meeting in memory of Elsie Jones. Respectfully submitted, RENÉ LaROCHE Clerk of the Board ROSEMARIE SMALLCOMBE 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/ ROSEMARIE SMALLCOMBE, CHAIR DISTRICT I MILES MENETREY, VICE-CHAIR DISTRICT V MERLIN JONES DISTRICT II MARSHALL LONG DISTRICT III KEVIN CANN DISTRICT IV ACTION SUMMARY MINUTES February 6, 2018 A. 9:00 AM Called to Order and Roll Call Attendee Name Title Status Arrived Rosemarie Smallcombe District I Supervisor Present 9:00 AM Merlin Jones District II Supervisor Present 9:00 AM Marshall Long District III Supervisor Present 9:00 AM Kevin Cann District IV Supervisor Present 9:00 AM Miles Menetrey District V Supervisor Present 9:00 AM B. Pledge of Allegiance The Pledge was led by Dallin Kimble/County Administrative Officer. C. Introductions René LaRoche/Clerk of the Board introduced Captain John Morgan/CAL FIRE on his first day as Fire Captain for Mariposa County Fire, as well as Rick Lindgren/California Highway Patrol on his first week as the Mariposa Area Commander. D. Approval of Consent Agenda (Items designated by "CA") No public input. At Supervisor Smallcombe's request, Mike Healy/Public Works and Transportation Director discussed the potential local exposure on CA21 should FEMA not participate. RESULT: ADOPTED [UNANIMOUS] MOVER: Merlin Jones, District II Supervisor SECONDER: Marshall Long, District III Supervisor AYES: Smallcombe, Jones, Long, Cann, Menetrey CA1. Administration RES-2018-35 Full audio recordings of the meetings may be found at: www.mariposacounty.org/bosagendas Board of Supervisors February 6, 2018 Page 2 Resolution Continuing the Local Emergency Due to Landslides on Highway 140 En Route to Yosemite National Park CA2. Administration RES-2018-36 Resolution Continuing the Local Emergency Due to Extremely High Levels of Tree Mortality in Mariposa County CA3. Administration RES-2018-37 Approve an Agreement with the Mariposa County Arts Council in the Amount of $61,000; and Authorize the Board of Supervisors Chair to Sign the Agreement CA4. Administration/Community Development RES-2018-38 Ratify a Letter to the US Forest Service, Pacific Southwest Region, Endorsing the Super-Insulated Green Buildings Technologies LLC Proposal for the Wood Innovations Grant CA5. Board of Supervisors Approve the Minutes of Tuesday, January 16, 2018 CA6. Board of Supervisors Approve the Minutes of Tuesday, January 23, 2018 CA7. Clerk of the Board of Supervisors 2018-16 Reappoint Patrick Tierney, Gary Francisco, and Greg Royce to the Mariposa County Tree Mortality Disaster Mitigation (MCTMDM) Committee as Private Citizen Members for Two Year Terms Expiring on February 6, 2020 CA8. Community Services 2018-17 Approve the Appointment of Brenda Sweeney to the Mariposa County Commission on Aging Representing District II, with a Term Concurrent with District II Supervisor Expiring January 4, 2021 CA9. County Counsel RES-2018-39 Approve a Legal Services Agreement with Wanger, Jones, Helsley, PC to Provide Legal Services to the County and Named Employees; and Authorize the Board of Supervisors Chair to Sign the Agreement CA10. Health RES-2018-40 Approve an Interagency Agreement (IAA) with Mariposa County Health Department Child Health and Disability Prevention Program (CHDP) and Women, Infant and Children (WIC) Supplemental Nutrition Program; and Authorize the County Health Officer to Sign the IAA CA11. Health RES-2018-41 Ratify the Grant Application to the National Association of County & City Health Officials (NACCHO) to Address Social Determinants of Health CA12. Human Resources/Risk Management RES-2018-42 Approve a Second Amendment to the Legal Services Agreement with Liebert Cassidy Whitmore to Increase the Compensation Amount by $100,000 for a Board of Supervisors February 6, 2018 Page 3 Total Not to Exceed Amount of $200,000; and Authorize the Board of Supervisors Chair to Sign the Second Amendment CA13. Human Resources/Risk Management RES-2018-43 Adopt a Resolution Certifying the Industrial Disability Retirement of Sheriff’s Deputy Aron Akbiyikian CA14. Human Services RES-2018-44 Approve an Operational Agreement with Kene Me-Wu Family Healing Center, Inc. for Domestic Violence Referrals; and Authorize the Human Services Director to Sign the Agreement CA15. Human Services/Behavioral Health & Recovery Services RES- 2018-45 Approve a First Amendment to the Agreement with WestCare California, Inc. Increasing the Not-To-Exceed Amount by $40,000 for a New Amount of $72,700; and Authorize the Board of Supervisors Chair to Sign the Amendment CA16. Human Services/Behavioral Health & Recovery Services RES- 2018-46 Approve Four Budget Actions Totaling $110,246 for Fiscal Year 2017-18 Transferring Funds Within Human Services Budgets Because of Changes in Program Expenses CA17. Human Services/Behavioral Health & Recovery Services RES- 2018-47 Approve a Health Insurance Portability and Accountability Act (HIPAA) Business Associate Agreement (BAA) with Heather Bernikoff to Govern the Exchange of Protected Health Information (PHI) in Connection with a Services Agreement with the County of San Benito to Act as a Fiscal Agent for Mariposa County Human Services; and Authorize the Board of Supervisors Chair to Sign the Agreement CA18. Human Services/Employment and Community Services RES-2018- 48 Add One Allocation of a Social Worker I/II in the Employment and Community Services Unit, Effective Immediately; and Approve Budget Action Transferring Funds Within the Employment and Community Services Budget to Fund the Position for the Remainder of the Fiscal Year ($27,000) CA19. Planning 2018-18 Appoint Ruth Sellers as a Member at Large for the Historic Sites and Records Preservation Commission (HSRPC) for a Continuous Term CA20. Public Works RES-2018-49 Approve a First Amendment to Task Order 18-08 with Willdan Engineering for Continued Construction Engineering Services for the Coulterville Storm Drain Project in the Amount of $12,698 for a Total Not to Exceed Amount of $46,298; and Authorize the Public Works Director to Sign the Amendment Board of Supervisors February 6, 2018 Page 4 CA21. Public Works RES-2018-50 Approve a First Amendment with Palmer Tractor for Repair of Approach on White Rock Rd in the Amount of $20,253.75 for a Total Not-To-Exceed Amount of $99,130.75; and Authorize the Director of Public Works to Sign the Amendment CA22. Public Works RES-2018-51 Decline the Option to Purchase Hangar No's. 42 & 43 at the Mariposa/Yosemite Airport and Allow the Owner to Sell the Hangars to an Interested Party CA23. Public Works 2018-19 Re-Appoint Michael Martin to the Water Agency Advisory Board with a Term Expiring February 6, 2021 CA24. Sheriff's Office RES-2018-52 Approve an Increase of Hours in a Not-To-Exceed Amount of 1,200 Hours for One (1) Extra-Help Sheriff's Security Officer CA25. Sheriff's Office RES-2018-53 Allocate One Sheriff's Deputy Position E. Board Recognitions 1. Board of Supervisors 2018-20 Proclaim the Month of February 2018 as “Teen Dating Violence Awareness and Prevention Month” (Audrey Davis - Program Director, Mountain Crisis Services) Audrey Davis/Mountain Crisis Services provided an overview of events that Mountain Crisis will be promoting in honor of this effort; and introduced members of the Mariposa County High School Youth Action Committee (YAC) who discussed their initiatives. No public input. Chair Smallcombe presented the proclamation to Audrey Davis and the YAC members. RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Cann, District IV Supervisor SECONDER: Marshall Long, District III Supervisor AYES: Smallcombe, Jones, Long, Cann, Menetrey F. Departmental Presentation Tara Schiff/Economic Development Specialist discussed the new Main Street Mariposa program; introduced Greg Little and Karen Cutter as founding Board members; and noted that this is in collaboration with a similar type of group from Livermore, California. Tom Cooke/District Attorney read a prepared statement advising that he will not be seeking re-election. The Board thanks Mr. Cooke for his service and his many contributions to the county. Board of Supervisors February 6, 2018 Page 5 Chevon Kothari/Human Services echoed the many sentiments expressed about Mr. Cooke. She also provided flyers for, and discussed, the upcoming First 5 of Express which is being hosted by First 5 and which will be a day of fun-filled events behind the Library this Saturday from 10:00 AM to 1:00 PM. Ms. Kothari also advised of two free tax preparation services for low income families and provided a flyer about them. She also advised that the housing authority is keeping the application period for Section 8 housing open indefinitely, with priority being given to those already living in section 8 housing, and that people can apply online at the Stanislaus County Housing Authority website. Dallin Kimble advised that next week the Board will be discussing a framework for the strategic planning; noted that midyear budget adjustments will be later in the year; and advised that the citizen survey will be going out in the next month. Mr. Kimble also advised that the Darrah School was recently closed due to tree mortality. Supervisor Cann discussed the need to acquire the necessary right-of-entry forms from the landowner. Supervisor Smallcombe advised that First 5 is no longer funding the preschool there. Supervisor Jones discussed concerns with a clause in the right- of-entry form regarding property owner liability if sub-contractors are not paid. Pete Judy/Chief Probation Officer extended thanks to Tom Cooke and discussed his appreciation for the partnership and cooperation that he has extended through the years. Mike Healy congratulated Tom Cooke on his successful career. Mr. Healy advised that, with the passage of the consent agenda, the Coulterville Drainage project is now officially closed and extended thanks to the many staff members who had worked to keep the grant in place. Mr. Healy also discussed last year's flooding and infrastructure damage and discussed discussions that have been had with CAL OES advocates; noted filing fourteen Notices of Intent regarding funding opportunities and receiving seven approvals thus far; advised of recent conversations with the Park Service regarding the El Portal pool; and extended thanks to Chevon Kothari and Pete Judy for recent collaborations. Discussion ensued regarding the conditions of the county roads and the speed with which the roads crews have been addressing complaints. In response to an inquiry, Mr. Healy also provided an update on the roadside weed spraying program. Doug Binnewies/Sheriff-Coroner-Public Administrator extended congratulations to Tom Cooke for a long and successful career; and discussed his appreciation for the partnership. Sheriff Binnewies also extended thanks to the Board for the Sheriff’s Department items that passed on consent and discussed the need for the positions; advised that they continue to have unoccupied positions on the street which affects their service; and discussed a goal of operating two deputies in the north county 24/7 which they have not been able to do for some time. Terry Peresan/Community Services Director noted that Tom Cooke will be missed. Ms. Peresan discussed an upcoming Mature Driving Course for those who are 55 or older which will be free through Merced Community College, and which will run from 8:30 AM to 3:30 PM. Anyone interested in attending should call her office to reserve a space. Ms. Peresan also noted that the Commission on Aging will have a couple of surveys out regarding senior lifestyle needs and assessments and that those interested in filling one out can do so online on the library website, or may come to the Senior Center for hard copies. G. Public Comment on Non-Agenda Items Dane Carlson/Chamber of Commerce reported on the Mariposa Visitor Center Board of Supervisors February 6, 2018 Page 6 statistics; advised that the Chamber Installation Dinner will be held at the Fairgrounds on March 16th as it coincides with the Chamber’s 50th anniversary; reported that the his board had a productive annual retreat and now have new ideas and energy for the new year; advised that the Occupancy Survey currently tracks 97% of the rooms in the county and noted that the missing rooms are here in Mariposa; and welcomed the Main Street program. Marvin Wells recounted previous discussions regarding the red frog; and inquired if he was in violation of any rule as he did not return the Notice of Entry form because he does not have any dead trees. Steven W. Dahlem/County Counsel advised that he was not. Mr. Wells also discussed his time on the Juvenile Justice Commission and commended Tom Cooke for all of his efforts. Recess 10:21 AM Chair Smallcombe recessed the meeting for a brief break and reconvened at 10:30 AM. H. Board Information Information received. Recess Board of Supervisors 11:24 AM Chair Smallcombe recessed the meeting and passed the gavel to Marshall Long. The Clerk of the Board read the Government Code Section 54952.3 announcement. I. LOCAL TRANSPORTATION COMMISSION 11:25 AM Chair Long convened the Local Transportation Commission (LTC) meeting with all members present. LTC Regular Agenda 1. Auditor LTC-2018-4 Receive the Final Reports for Transit and Local Transportation Commission Audits for the Fiscal Year 2016/2017 Mike Healy/Executive Director extended thanks to Luis Mercado for the report. Luis Mercado/Auditor provided overviews of both reports. In response to an inquiry from Supervisor Smallcombe, Terri Peresan provided clarification regarding the 4x4 vehicle that was purchased from these funds. No public comment. RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Cann, District IV Supervisor SECONDER: Rosemarie Smallcombe, District I Supervisor AYES: Smallcombe, Jones, Long, Cann, Menetrey Board of Supervisors February 6, 2018 Page 7 2. Public Works LTC-2018-5 Adopt a Resolution Approving the Application and Necessary Documents Pertaining to the Federal Transit Administration (FTA) Section 5311 Program (Operating Assistance) Funds for Federal Fiscal Year 2017-2018; and Authorize the Executive Director to Sign the Application and Necessary Documents to Implement the Section 5311 Grant (Subject to Approval as to Form by County Counsel) Mike Healy gave the staff report noting that this is next year's appropriation and that this authorizes him to file the necessary applications. No public input. RESULT: ADOPTED [UNANIMOUS] MOVER: Merlin Jones, District II Supervisor SECONDER: Rosemarie Smallcombe, District I Supervisor AYES: Smallcombe, Jones, Long, Cann, Menetrey 3. Planning LTC-2018-6 Adopt a Resolution Approving the Application and Necessary Documents for the 2018 Citizens Institute on Rural Design (CIRD) Workshop Grant Program; and Authorize the Planning Director to Sign the Application and Necessary Documents to Implement the Workshop Grant Program (Subject to Approval as to Form by County Counsel) Chair Long noted a correction to the signature block on the resolution. Sarah Williams/Planning introduced Mikey Goralnik/Planning who gave the staff report. Commissioner Cann extended thanks to Mr. Goralnik for being proactive on this issue. During public comment, approval of the item was urged by Ginnie Day/Public Health Educator who discussed linkages with programs that she administers. CORRECTION: Change the signature block to reflect Marshall Long as the LTC Chair. RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Kevin Cann, District IV Supervisor SECONDER: Rosemarie Smallcombe, District I Supervisor AYES: Smallcombe, Jones, Long, Cann, Menetrey Public Comment Period None. Adjourn LTC 11:45 AM Chair Long adjourned the LTC meeting. /// Board of Supervisors February 6, 2018 Page 8 Reconvene as Board of Supervisors 11:45 AM Chair Smallcombe reconvened the Board of Supervisors meeting. J. Regular Agenda Items 1. Sheriff's Office 2018-ORD-1131 Waive the Second Reading and Adopt an Ordinance Amending Chapter 2.80, the Emergency Organization and Functions René LaRoche gave the staff report. No public input. The Clerk of the Board read the title into the record after the motion. RESULT: ADOPTED [UNANIMOUS] MOVER: Marshall Long, District III Supervisor SECONDER: Miles Menetrey, District V Supervisor AYES: Smallcombe, Jones, Long, Cann, Menetrey 2. Public Works RES-2018-54 Approve Budget Action Allocating Revenues and Expenses for the Grant Purchase of a Propane School Bus for Sierra Foothill Charter School ($14,184) Mike Healy gave the staff report. No public input. RESULT: ADOPTED [UNANIMOUS] MOVER: Marshall Long, District III Supervisor SECONDER: Miles Menetrey, District V Supervisor AYES: Smallcombe, Jones, Long, Cann, Menetrey 3. Public Works RES-2018-55 Authorize the Public Works Director to Advertise, Solicit, Award, and Execute an Agreement to the Lowest Responsible Bidder for Safe Routes to School (SRTS) (Subject to Review of County Counsel as to Form) Mike Healy gave the staff report. Supervisor Cann discussed some of the history behind this item. During public comment, Ginnie Day noted linkage with the SNAP- ED program. RESULT: ADOPTED [UNANIMOUS] MOVER: Merlin Jones, District II Supervisor SECONDER: Marshall Long, District III Supervisor AYES: Smallcombe, Jones, Long, Cann, Menetrey K. Items removed from Consent Agenda None. Board of Supervisors February 6, 2018 Page 9 L. Closed Session 1. Human Resources/Risk Management (ID # 7868) CLOSED SESSION: Public Employee Position to be Filled [Government Code Section 54957(B)(1)]-Human Resources Director No public input. RESULT: CLOSED SESSION HELD 2. Human Resources/Risk Management (ID # 7930) CLOSED SESSION: Public Employment: Agricultural Commissioner / Sealer of Weights & Measures No public input. RESULT: CLOSED SESSION HELD Recess 11:59 AM Chair Smallcombe recessed the meeting to Closed Session. Report Out 12:27 PM Chair Smallcombe reported out that Information was Received and Direction was Given in both Closed Sessions. M. 2:00 PM Reconvene Mike Healy introduced the next eight items by discussing the things that the engineer's reports considered for each utility, the development of a cost matrix, and the plan of action that this represents for the future. He also noted that there are costs associated with these utilities and advised that some have not seen an increase of rates in twenty years. Mr. Healy also extended thanks to the consultants, legal counsel, and staff who assisted in the process; and extended thanks to the citizens who have attended the meetings. He then introduced Amy Sparrow/Colantuono, Highsmith and Whatley who noted that the beginning of the legal process was on December 5, 2017, when the Board adopted the resolutions of intention; and advised on today’s procedure, noting that action cannot proceed on an item if there is a majority protest.
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  Administration RES-2018-95 Adopt a Resolution of Intention to Renew the Mariposa County Tourism Business Improvement District (TBID) and Schedule a Public Hearing Board of Supervisors March 6, 2018 Page 8 Dallin Kimble introduced Kevin Shelton/Yosemite-Mariposa County Tourism Bureau (YMCTB) Board President, Julie Hadzega/YMCTB Operations, and Nicole Farley/Civitas who gave the presentation. Board clarification and discussion ensued regarding the process and weighted balloting. Dallin Kimble advised of a correction to the Resolution of Intention. No public input. CORRECTION: The third sentence in Paragraph 7 of the Resolution of Intention should read: "During the ten (10) year term, the assessment rate may be increased by the Bureau to a maximum of three percent (3%) of gross short-term room rental revenue.” RESULT: ADOPTED AS AMENDED [4-0] MOVER: Merlin Jones, District II Supervisor SECONDER: Marshall Long, District III Supervisor AYES: Rosemarie Smallcombe, Merlin Jones, Marshall Long, Miles Menetrey EXCUSED: Kevin Cann 6. Administration RES-2018-96 Authorize the Board Chair to Sign the Grant Deed Completing the Transfer to the Mariposa Public Utility District of 2 Acres (+/-) Needed for Construction Improvements to the Existing Wastewater Treatment Facility for the Town of Mariposa Dallin Kimble gave the staff report. No public input. RESULT: ADOPTED [4-0] MOVER: Merlin Jones, District II Supervisor SECONDER: Marshall Long, District III Supervisor AYES: Rosemarie Smallcombe, Merlin Jones, Marshall Long, Miles Menetrey EXCUSED: Kevin Cann K. Closed Session 1. Human Resources/Risk Management (ID # 7978) CLOSED SESSION: Public Employment, Title or Position to be Filled: (Government Code Section 54957 (B) (1)); Human Resources Director No public input. RESULT: CLOSED SESSION HELD Recess 11:35 AM Chair Smallcombe recessed the meeting. Board of Supervisors March 6, 2018 Page 9 Report Out 3:44 PM Chair Smallcombe reported out that Information was Received and Direction was Given during the Closed Session. L. Items removed from Consent Agenda None. M. Adjournment 3:45 PM Chair Smallcombe adjourned the meeting. Respectfully submitted, RENÉ LaROCHE Clerk of the Board ROSEMARIE SMALLCOMBE 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/ ROSEMARIE SMALLCOMBE, CHAIR DISTRICT I MILES MENETREY, VICE-CHAIR DISTRICT V MERLIN JONES DISTRICT II MARSHALL LONG DISTRICT III KEVIN CANN DISTRICT IV ACTION SUMMARY MINUTES March 13, 2018 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 Rosemarie Smallcombe District I Supervisor Present 8:50 AM Merlin Jones District II Supervisor Present 8:50 AM Marshall Long District III Supervisor Present 8:50 AM Kevin Cann District IV Supervisor Present 8:50 AM Miles Menetrey District V Supervisor Present 8:50 AM B. Pledge of Allegiance The Pledge was led by Terri Peresan. C. Introductions None D. Approval of Consent Agenda (Items designated by "CA") No public input. RESULT: ADOPTED [UNANIMOUS] MOVER: Marshall Long, District III Supervisor SECONDER: Merlin Jones, District II Supervisor AYES: Smallcombe, Jones, Long, Cann, Menetrey CA1. Administration RES-2018-98 Resolution Continuing the Local Emergency Due to Landslides on Highway 140 En Route to Yosemite National Park Full audio recordings of the meetings may be found at: www.mariposacounty.org/bosagendas Board of Supervisors March 13, 2018 Page 2 CA2. Administration RES-2018-99 Resolution Continuing the Local Emergency Due to Extremely High Levels of Tree Mortality in Mariposa County CA3. Community Services RES-2018-100 Approve the Program Proposals for Services in Response to Area 12 Agency on Aging's Request for Proposal for the Years 2018-2022 for Senior Transportation and Nutrition Programs; and Authorize the Board of Supervisors Chair to Sign the Proposals and Designate the Community Services Director as Service Provider and Designee CA4. Health RES-2018-101 Authorize the Addition of One 60% Permanent Part-Time Public Health Nurse I/II Allocation in the Health Department Effective April 1, 2018; and Approve the Budget Action Transferring Funds Within the Health Department Budget to Cover the Added Position ($9,400) CA5. Human Resources/Risk Management RES-2018-102 Approve the First Amendment to an Agreement with Municipal Resource Group to Extend the Term of the Agreement to December 31, 2018 and Increase the Not-To-Exceed Amount from $25,000 to $50,000; and Authorize the Board of Supervisors Chair to Sign the First Amendment CA6. Planning 2018-34 Appoint Eight (8) New Members to the Creative Placemaking Strategy Advisory Committee (CPSAC) CA7. Planning 2018-35 Appoint Thomas Sweeney to the Greeley Hill Planning Advisory Committee for a Term to Expire February 29, 2020 (Supervisor Jones) CA8. Planning RES-2018-103 Authorize the Board of Supervisors Chair to Sign a "Letter of Public Convenience and Necessity" to the Department of Alcohol Beverage Control to Increase the Number of On-Sale Alcohol Licenses from Twenty-One (21), to Twenty-Two (22) in Mariposa County, Census Block 06-043-010-001, for the Deli Business (Chowchili) to be Located at 5040 Highway 140, Unit C, Mariposa (APN 013-181-0150) CA9. Treasurer-Tax Collector-County Clerk RES-2018-104 Approve an Agreement with Pitney Bowes for Upgraded Postage Machine and Software; and Authorize the Board of Supervisors Chair to Sign the Agreement CA10. Treasurer-Tax Collector-County Clerk RES-2018-105 Approve an Agreement with Host Compliance, LLC in the Amount of (39,815); and Authorize the Board of Supervisors Chair to Sign the Agreement E. Board Recognitions Board of Supervisors March 13, 2018 Page 3 1. Human Services 2018-36 Proclaim the Month of March, 2018, as "National Professional Social Worker Month" Chevon Kothari/Human Services Director gave the report. Board discussion ensued regarding the contributions of professional social workers. No public input. RESULT: ADOPTED [UNANIMOUS] MOVER: Merlin Jones, District II Supervisor SECONDER: Marshall Long, District III Supervisor AYES: Smallcombe, Jones, Long, Cann, Menetrey F. Departmental Presentation Mike Healy/Public Works Director commended the Social Workers for their dedicated work during and after the Detwiler Fire. He noted OES has been contacted regarding a time extension on the waddle project in the Detwiler burn scar area. He provided an update on the Woodland Park restoration project. Discussion ensued regarding the turnaround time from FEMA on the Woodland Park project and future projects. Additional discussion ensued regarding the Triangle Road project, the Indian Peak Bridge project, and the Woodland Park project. Terri Peresan/Community Services Director advised that fire season is officially over and extended thanks to staff and other entities; provided statistical data regarding fire wood distribution, noting that the list has increased substantially. Ms. Peresan noted that Roy Dunsten the volunteer for the North side is still distributing wood and provided his phone number. Dallin Kimble/CAO provided a reminder regarding the citizen survey and asked that the recipients please fill them out and return them or they can complete them online. He noted there will be a web link opened on April 20th for people that didn't receive the survey but would like to comment and provided the time frame of the process. G. Public Comment on Non-Agenda Items Jeanetta Philips reminded the Board and the public of the Butterfly Festival on May 5th and 6th, noted that the Taste of Mariposa event has been moved to April 14th at 5:30 PM with a BBQ and local restaurants bringing appetizers. Kris Casto distributed a handout from the Agri-Nature Association presenting "Developing Entrepreneurship" with free workshop dates and a draft syllabus, discussed the handout, and requested the Board help to get the word out. Board members noted that we may want to take a look at the Ordinance regarding land use, and discussed promoting agri-nature. Dane Carlson/Chamber of Commerce discussed the upcoming 50th Anniversary of the Installation and Awards Dinner and the Chamber of Commerce as a non-profit in the State of California. He also discussed the award recipients. Marvin Wells inquired as to whether the citizen survey asks about veterans residing in the county; and requested an update regarding Federal infrastructure. He also commented on the Mariposa County update video. Board of Supervisors March 13, 2018 Page 4 H. Board Information Information received. 10:45 AM Chair Smallcombe recessed the meeting for a brief break and reconvened at 10:51 AM I. Regular Agenda Items 1. Human Resources/Risk Management RES-2018-106 Effective Immediately Rescind the Annual Salary Range of $98,500 - $123,000 for the Human Resources Director and Set the Annual Salary at $103,866; and Further Rescind the Annual Salary Range of $118,000 - $147,000 for the Director of Public Works and Transportation and Set the Annual Salary at $133,657 Steven W. Dahlem/Interim Human Resources Director gave the staff report. During Public Comment, Mike Healy/Public Works Director noted his agreement. Discussion ensued. RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Cann, District IV Supervisor SECONDER: Merlin Jones, District II Supervisor AYES: Smallcombe, Jones, Long, Cann, Menetrey J. Items removed from Consent Agenda None. K. Closed Session No public input.
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  Administration RES-2018-140 Approve a Budget Action Reducing General Fund Appropriations and Increasing Appropriations in the Road Fund for Cost Sharing as Required by the Senate Bill 1 Maintenance of Effort Provision ($426,457) 4/5ths Vote Required Dallin Kimble gave the staff report. No public input. RESULT: ADOPTED [UNANIMOUS] MOVER: Marshall Long, District III Supervisor SECONDER: Miles Menetrey, District V Supervisor AYES: Smallcombe, Jones, Long, Cann, Menetrey 10. Public Works (ID # 7971) Grant Relief from the Forced Removal of Plumbing Fixtures to Meet the "Plumbing Fixture Equivalent Dwelling Unit (EDU) Calculation Methodology" for 7330 Black Oak Lane, Yosemite West RESULT: WITHDRAWN Board of Supervisors March 27, 2018 Page 9 Emergency Item Steven W. Dahlem/County Counsel provided an overview, noting that this is a two-step process with the first step being a determination that there is a need for immediate action which would require a 4/5ths vote. No public input. Under motion of Supervisor Long, with a second by Supervisor Jones, the Board unanimously determined that there is a need for immediate action as the declaration needs to be ratified within seven days, and the matter came to the Board's attention after the posting of the regular agenda for this meeting.
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  Sheriff's Office 2018-ORD-1131 Waive the Second Reading and Adopt an Ordinance Amending Chapter 2.80, the Emergency Organization and Functions René LaRoche gave the staff report. No public input. The Clerk of the Board read the title into the record after the motion. RESULT: ADOPTED [UNANIMOUS] MOVER: Marshall Long, District III Supervisor SECONDER: Miles Menetrey, District V Supervisor AYES: Smallcombe, Jones, Long, Cann, Menetrey
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  Public Works LTC-2018-5 Adopt a Resolution Approving the Application and Necessary Documents Pertaining to the Federal Transit Administration (FTA) Section 5311 Program (Operating Assistance) Funds for Federal Fiscal Year 2017-2018; and Authorize the Executive Director to Sign the Application and Necessary Documents to Implement the Section 5311 Grant (Subject to Approval as to Form by County Counsel) Mike Healy gave the staff report noting that this is next year's appropriation and that this authorizes him to file the necessary applications. No public input. RESULT: ADOPTED [UNANIMOUS] MOVER: Merlin Jones, District II Supervisor SECONDER: Rosemarie Smallcombe, District I Supervisor AYES: Smallcombe, Jones, Long, Cann, Menetrey
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  Planning LTC-2018-6 Adopt a Resolution Approving the Application and Necessary Documents for the 2018 Citizens Institute on Rural Design (CIRD) Workshop Grant Program; and Authorize the Planning Director to Sign the Application and Necessary Documents to Implement the Workshop Grant Program (Subject to Approval as to Form by County Counsel) Chair Long noted a correction to the signature block on the resolution. Sarah Williams/Planning introduced Mikey Goralnik/Planning who gave the staff report. Commissioner Cann extended thanks to Mr. Goralnik for being proactive on this issue. During public comment, approval of the item was urged by Ginnie Day/Public Health Educator who discussed linkages with programs that she administers. CORRECTION: Change the signature block to reflect Marshall Long as the LTC Chair. RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Kevin Cann, District IV Supervisor SECONDER: Rosemarie Smallcombe, District I Supervisor AYES: Smallcombe, Jones, Long, Cann, Menetrey Public Comment Period None. Adjourn LTC 11:45 AM Chair Long adjourned the LTC meeting. /// Board of Supervisors February 6, 2018 Page 8 Reconvene as Board of Supervisors 11:45 AM Chair Smallcombe reconvened the Board of Supervisors meeting. J. Regular Agenda Items
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  Public Works (ID # 7931) PUBLIC HEARING to Receive Public Testimony and Consider All Protests Concerning Adoption of a Resolution Increasing Coulterville Wastewater Rates Chair Smallcombe opened the public hearing. Public comment opened. Wayne Hancock requested a report on the holding ponds. Karin Fielding stated that Coulterville has been downscaled for many year and would not be in this situation if not for that. Sam Zimmerman advised that if the increase goes through it will make Coulterville a ghost town; and discussed a court case involving Mariposa Public Utility District (MPUD). Chair Smallcombe advised that MPUD is a separate entity. Joe Milani advised that he thought these are scare tactics; stated that the loans should have already been applied for as there are only 97 users; and stated that Coulterville has been in the red since the 1970s. Chair Smallcombe closed public comment and invited additional protests, requesting that they be delivered to the Clerk of the Board at this time. 3:06 PM Chair Smallcombe recessed the meeting to allow the Clerk of the Board to tally the protests. 3:21 PM Chair Smallcombe reconvened the meeting and closed the public hearing. She then reported that 80 protests were received, representing approximately 81% of eligible protesters. The protest succeeded and no further action was taken. RESULT: PROTEST SUCCEEDED-NO ACTION /// /// Board of Supervisors February 6, 2018 Page 12
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  Public Works RES-2018-57 PUBLIC HEARING to Receive Public Testimony and Consider All Protests Concerning Adoption of a Resolution Increasing Yosemite West Water Rates Chair Smallcombe opened the public hearing. Public comment opened. Ted Williams/Yosemite West Homeowners Association President noted that while an increase is needed he feels that the proposed amounts are too much; advised that the Yosemite West District Advisory Committee has been discussing this for a year but did not get to engage on the amount of the rate; noted that they would like to see how to make the process more communicative should either action succeed; and advised that this study would have been more reasonable with a “tops down” perspective. John Mock echoed the comments of Ted Williams, noting that he would welcome a cooperative approach if this goes forward as they were not allowed to have any input in the process; and requested that an ad hoc committee should be formed to address this moving forward. Tom Kroon discussed the problems with having the technician run a circuit between the various facilities; and suggested earmarking a portion of the Transient Occupancy Tax (TOT) for use by Yosemite West as TOT is collected in other areas for the betterment of the area. Jeff Hornacek noted that he does not pay more for water or sewer but needs them to maintain his rental business; advised that he does not think that the costs will be any lower than those that are projected; suggested stretching out the timeline for the increases to soften the blow; and discussed the decline of the system. Public comment closed. Chair Smallcombe closed public comment and invited additional protests, requesting that they be delivered to the Clerk of the Board at this time. 3:36 PM Chair Smallcombe recessed the meeting to allow the Clerk of the Board to tally the protests. 3:40 PM Chair Smallcombe reconvened the meeting and closed the public hearing. She then reported that 56 protests were received, representing approximately 26% of eligible protesters. The protest having failed, the Board considered the resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Marshall Long, District III Supervisor SECONDER: Kevin Cann, District IV Supervisor AYES: Smallcombe, Jones, Long, Cann, Menetrey
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  Public Works RES-2018-58 PUBLIC HEARING to Receive Public Testimony and Consider All Protests Concerning Adoption of a Resolution Increasing Yosemite West Wastewater Rates Chair Smallcombe opened the public hearing. Public comment opened. Ted Williams noted that all of his earlier comments apply to this item as well; and noted that the base rate is very high and suggested that a collaboration might be able to determine base rate versus use rate. John Mock noted that public utilities in California provide assistance for lower income repairs, but that he has seen no mention or discussion of any program like that. Robert Kroon discussed the effects that would be felt on low income households and cattlemen in other parts of the Board of Supervisors February 6, 2018 Page 13 county; discussed the effects to the County if Yosemite West rentals shut down; suggested earmarking a portion of the Transient Occupancy Tax (TOT) for use by Yosemite West; and noted that he hopes to see better maintenance if the increases are approved. Jeff Hornacek discussed threats to the sewer system; requested that Public Works focus on the inflow and infiltration (I & I) system as a wet March is possible; and he requested that the schedule of increases be reevaluated to soften the blow. Chair Smallcombe closed public comment and invited additional protests, requesting that they be delivered to the Clerk of the Board at this time. 3:52 PM Chair Smallcombe recessed the meeting to allow the Clerk of the Board to tally the protests. 3:56 PM Chair Smallcombe reconvened the meeting and closed the public hearing. She then reported that 53 protests were received, representing approximately 24% of eligible protesters. The protest having failed, the Board considered the resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Merlin Jones, District II Supervisor SECONDER: Kevin Cann, District IV Supervisor AYES: Smallcombe, Jones, Long, Cann, Menetrey
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  Public Works RES-2018-59 Adopt a Resolution Regarding Procedures for Formation of a Zone of Benefit to Provide Property Related Services Within Countywide County Service Area No.1 Public comment opened. John Mock noted that he wanted to address the question of County Service Area laws, noting that there is a reference to Elections Code; and inquired if the public may know the number of registered voters at this point in time. Steven W. Dahlem noted that Dr. Mock’s concern has to do with item number 8 and requested that Amy Sparrow introduce this item. Amy Sparrow noted that the item being considered now does not have to do with state law but, rather, the procedures that apply. She noted that there was a procedural resolution in place but that it does not apply for this type of zone of benefit as it contemplates funding for roads and requires that it be paid two years in advance. Chair Smallcombe clarified that there were some processes and charges that do not apply here. Public comment closed. RESULT: ADOPTED [UNANIMOUS] MOVER: Merlin Jones, District II Supervisor SECONDER: Marshall Long, District III Supervisor AYES: Smallcombe, Jones, Long, Cann, Menetrey /// /// Board of Supervisors February 6, 2018 Page 14
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  Public Works RES-2018-60 PUBLIC HEARING to Receive Public Testimony and Consider All Protests Concerning Adoption of a Resolution Forming the Yosemite West Zone of Benefit for Countywide Service Area Number 1 Chair Smallcombe opened the public hearing. Public comment opened. Ted Williams noted that Yosemite West is currently an assessment district for which the community can vote; noted that moving to a zone of benefit moves assessments to the majority protest system and those who may vote are registered voters; and urged against forming a zone of benefit. Mr. Williams also noted that it has been very challenging to find out who is on the registered voter list; and stated that the community is not comfortable relying on that list. John Mock noted that County Service Area law references the Elections Code and the use of the registered voter list; advised that the effect has been an increase in the voter role for Strawberry Creek Precinct which had 41 votes in 2017; noted that the question is whether they have the right to vote; discussed tests within the Elections Code to determine when an election is valid; advised that the Registrar of Voters has sent the list to the Secretary of State; inquired as to the effect should some of them be invalidated. Dr. Mock also noted that he would be more comfortable if they could know the number and names on the voter list; and discussed the penalties required under Elections Code Division 18, section 501 for public officials who knowingly aids in illegal casting of votes. Jeff Hornacek noted that this gets down to who is receiving the benefits and the ones receiving the benefits are the ones paying the bills and, consequently, should be the ones counted. Robert Kroon discussed people moving in and out of the area which may confuse who may get to vote; and noted that he does not understand why it is not the rate payers who are voting. Neil Misener noted that he and his wife are residents and own rentals in Yosemite West; advised that whenever there was a vote in the past, it was the property owner who had a vote; stated that there are a lot of people who are not represented by this process; and asked if there is a different entity that could be use that would better represent Yosemite West. Chair Smallcombe closed public comment. In response to Chair Smallcombe's request, Amy Sparrow advised that this is not a Proposition 218 issue but, rather, the formation of a zone of benefit under County Service Area law which provides that only protests from registered voters who reside in Yosemite West can be counted. Chair Smallcombe emphasized that this is state law, over which the County has no ability to change or influence, and that the zone of benefit is a necessary legal entity. Ms. Sparrow concurred. Chair Smallcombe invited additional protests, requesting that they be delivered to the Clerk of the Board at this time. 4:22 PM Chair Smallcombe recessed the meeting to allow the Clerk of the Board to tally the protests. 4:26 PM Chair Smallcombe reconvened the meeting and closed the public hearing. She then reported that 35 protests were received, representing 50% of the registered voters.** The protest having failed, the Board considered the resolution. Supervisor Menetrey requested assurance that all votes came from people in Yosemite West. Chair Smallcombe advised that the list used was developed to the best of staff’s abilities. Chair Smallcombe reopened public comment. Ted Williams noted that the result is right on the line, and inquired if the voter list would be available to the public as he Board of Supervisors February 6, 2018 Page 15 has concerns regarding who is listed on it. Chair Smallcombe noted that her understanding is that the election official has produced the most accurate voter role that he could which he provided to the Clerk of the Board who, in turn, has provided it to at least one Yosemite West resident. Chair Smallcombe also noted that there have been certain individuals who have questioned the accuracy of some of the entries on that voter role and that the Registrar of Voters has forwarded those concerns to the Secretary of State who is reviewing the issue. Ted Williams noted that the list had been formally requested a few days prior but had not yet been received. Chair Smallcombe requested the Clerk of the Board to address the issue. René LaRoche advised that the list had been dynamic and was not finalized until this date, but that a copy of the final list had been supplied via email at the first available opportunity during lunch. Jeff Hornacek suggested that the zone of benefit is perhaps not the right process or mechanism for this community given the makeup of the community; and noted that the previous process which counted landowners was more representative. Chair Smallcombe advised that the Elections Code was set up to make sure that as many people can vote as are eligible; and advised that there was no choice as to whether it was used since County Service Area law requires it. Chair Smallcombe also noted that staff discussed various approaches with County Counsel and outside counsel; advised that the zone of benefit was the least costly; and noted that the zone of benefit was the recommendation of outside counsel. Amy Sparrow concurred with Chair Smallcombe's overview. Chair Smallcombe also discussed the effort that the Registrar of Voters and his staff have used to make sure that the voter role is accurate. Public comment was again closed. Supervisor Cann inquired as to Supervisor Smallcombe's thoughts on the issue given that she had not supported the resolution of intention on December 5, 2017. Supervisor Smallcombe advised that she had not supported the resolution of intention on that date because she had not felt that it left sufficient time to adequately communicate the complexity of the process and issue to Yosemite West citizens; and noted that, at this point, she was in support of moving forward as the zone of benefit is a necessary legal construct. (**Clerk's note: The Registrar of Voters advised the Clerk of the Board on February 6, 2018, that he was allowing one additional voter to be added to the registered voters list. Since a protest had already been received from that individual, the final tally was incremented by one which raised it to 35 protests received, as was reported after the hearing. However, while the numerator of the percentage calculation had been incremented by one to reflect the additional protest, the denominator was overlooked which caused a falsely high percentage of 50% to be reported. With the denominator properly incremented to reflect the correct total number of registered voters, the percentage drops to 49.3% [35 protests received divided by 71 registered voters].) RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Cann, District IV Supervisor SECONDER: Merlin Jones, District II Supervisor AYES: Smallcombe, Jones, Long, Cann, Menetrey /// Board of Supervisors February 6, 2018 Page 16 N. Adjournment 4:39 PM Chair Smallcombe adjourned the meeting in memory of Matthew Richie, Gail Miller, Manuela Ortiz, Samuel Ekstrom, James Spacke, and Edward Hardy. Respectfully submitted, RENÉ LaROCHE Clerk of the Board ROSEMARIE SMALLCOMBE 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/ ROSEMARIE SMALLCOMBE, CHAIR DISTRICT I MILES MENETREY, VICE-CHAIR DISTRICT V MERLIN JONES DISTRICT II MARSHALL LONG DISTRICT III KEVIN CANN DISTRICT IV ACTION SUMMARY MINUTES February 13, 2018 A. 9:00 AM Called to Order and Roll Call Attendee Name Title Status Arrived Rosemarie Smallcombe District I Supervisor Present 9:00 AM Merlin Jones District II Supervisor Present 9:00 AM Marshall Long District III Supervisor Present 9:00 AM Kevin Cann District IV Supervisor Present 9:00 AM Miles Menetrey District V Supervisor Present 9:00 AM B. Pledge of Allegiance The Pledge was led by René LaRoche/Clerk of the Board. C. Introductions None. D. Approval of Consent Agenda (Items designated by "CA") No public comment. RESULT: ADOPTED [UNANIMOUS] MOVER: Merlin Jones, District II Supervisor SECONDER: Marshall Long, District III Supervisor AYES: Smallcombe, Jones, Long, Cann, Menetrey CA1. Administration RES-2018-61 Resolution Continuing the Local Emergency Due to Landslides on Highway 140 En Route to Yosemite National Park CA2. Administration RES-2018-62 Full audio recordings of the meetings may be found at: www.mariposacounty.org/bosagendas Board of Supervisors February 13, 2018 Page 2 Resolution Continuing the Local Emergency Due to Extremely High Levels of Tree Mortality in Mariposa County CA3. Board of Supervisors Approve the Minutes of Wednesday, January 17, 2018 CA4. County Counsel RES-2018-63 Approve a Legal Services Agreement with Abbott & Kindermann, LLP to Provide Legal Services to the County; and Authorize the Board of Supervisors Chair to Sign the Agreement CA5. Human Services 2018-21 Appoint Eva Adams to the In-Home Supportive Services (IHSS) Advisory Committee to Fill the Vacancy of a Past/Present User of Personal Assistance Services (Recipient) for a Continuous Term E. Departmental Presentation Lt. Craig Hinch/California Highway Patrol - Oakhurst advised of an upcoming Coffee with a Cop event at the Oakhurst Starbucks on February 16th from 7:00 AM to 9:00 AM; noted that his office will be offering an Age Well Drive Smart Class from 10:00 AM to Noon on March 15th, noting that any interested parties should contact Officer Lutz to register; and advised of an upcoming Madera County Job Fair on March 22nd where they will be looking for dispatchers and officers. René LaRoche/Clerk of the Board advised that she is now the County website administrator; noted that a website redesign has been commenced and advised of a reduction in annual fee that she was able to negotiate; and requested input from staff and the public regarding requested website design features, cautioning that she will not be able to use all suggestions. Dallin Kimble/County Administrative Officer advised that he has received a letter from FEMA in response to the letter that the Board authorized in December, and advised that they will continue to work on the matter because the numbers in the letter do not match what the County has been told. F. Public Comment on Non-Agenda Items Julie Hadzega/Yosemite-Mariposa Tourism Bureau advised that they will be exhibiting at a Travel Show in Santa Clara this weekend and in Los Angeles on March 8th; noted that they have hired a consultant who will facilitate an upcoming volunteer expo; reported that they have been successful in getting one Chinese tour operator to begin staying in Mariposa in March rather than Fresno; advised that they are expecting four Go-Pro influencers from Australia next Monday; and noted that anyone who has questions about what the Tourism Bureau is doing should contact her personally. Marilyn Saunders/Mariposa Community Foundation President discussed donations to the Detwiler Fire recovery efforts and advised that they still have funds so anyone with smaller losses should contact them. Supervisor Menetrey advised of funds that were to be donated from the FFA Competition Awards Dinner that was held over the last weekend. Supervisor Cann noted that Ms. Saunders and Carolyn Furth, two of the officers in the Community Foundation, deserve gratitude for the hundreds Board of Supervisors February 13, 2018 Page 3 of hours they worked on this. He also discussed the ability of the Community Foundation to distribute funds quickly, and advised of another county that must give money back because of an inability to distribute it. Ms. Saunders noted that the Foundation does not exist just for emergencies, and discussed annual grants that they make. Dan Rule/Sierra Telephone Business Development Manager provided an update on Sierra Telephone activities; and advised that they were: constructing six new neighborhood sites, upgrading their entire network with new technology, burying miles of fiber optic cables, looking at community hotspots, and installing numerous generators to keep services going during emergencies. Mr. Rule also discussed the history of Sierra Telephone. Supervisor Long extended thanks for the presentation and noted that Sierra Telephone has a long history in Mariposa including their assistance with the Civil War reenactment. Supervisor Long also noted that he has heard statements circulating that Sierra Telephone arbitrarily raised rates but that the Board knows that they were forced to raise them. Supervisor Cann discussed the concept of community hotspots, and noted that the museum and rest stop are County facilities and the Board would be willing to collaborate on that location. Supervisor Smallcombe and Mr. Rule discussed the strategy for placement of fiber optic cables. Dane Carlson/Chamber of Commerce reported on traffic at the Mariposa Visitor Center last week; and advised that Alaska Airlines Magazine, which has a readership of 2.2 million readers per month, will be mentioning Mariposa in an upcoming article regarding day-trips from Fresno Airport. Marvin Wells discussed the effects of alcohol and tobacco noting that marijuana affects lives and jobs and causes suicides and more; noted that roughly one billion dollars is collected in taxes on those three substances but that three billion dollars is paid for services and medical services; and advised that when you authorize sin you open the door to Satan. Mr. Wells also encouraged the Board members to consider giving blood; and noted that he cannot understand why the County cannot develop a list of every veteran in the county, and commended Rotary for an upcoming program that they are putting on to honor veterans. Supervisor Cann noted that Rotary contacted the Veterans County Service Officer who, in turn, contacted the veterans as he does maintain a list but cannot legally release it due to federal and state laws. Mr. Wells inquired if it was against the law to ask people if they are veterans. Supervisors Cann and Jones noted that not all veterans want to identify themselves as veterans. A member of the public inquired as to the location of the proposed biomass plant that he read about in the newspaper; and inquired why effluent could not be burned in it. Supervisor Smallcombe advised of the location and noted that the proposed plant is optimized to burn only wood. G. Board Information Information received. Recess Board of Supervisors 10:33 AM Chair Smallcombe recessed the Board of Supervisors meeting followed by the Clerk reading the Government Code 54952.3 announcement. The gavel was then passed to Marshall Long. LOCAL TRANSPORTATION COMMISSION Board of Supervisors February 13, 2018 Page 4 10:34 AM Chair Long convened the Local Transportation Commission (LTC) meeting; recessed the meeting for a brief break; and reconvened at 10:39 AM. Public Comment Period None. LTC Regular Agenda
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  Public Works (ID # 7971) Grant Relief from the Forced Removal of Plumbing Fixtures to Meet the "Plumbing Fixture Equivalent Dwelling Unit (EDU) Calculation Methodology" for 7330 Black Oak Lane, Yosemite West RESULT: WITHDRAWN Board of Supervisors March 27, 2018 Page 9 Emergency Item Steven W. Dahlem/County Counsel provided an overview, noting that this is a two-step process with the first step being a determination that there is a need for immediate action which would require a 4/5ths vote. No public input. Under motion of Supervisor Long, with a second by Supervisor Jones, the Board unanimously determined that there is a need for immediate action as the declaration needs to be ratified within seven days, and the matter came to the Board's attention after the posting of the regular agenda for this meeting.
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  Administration RES-2018-141 Adopt a Resolution Ratifying the March 23, 2018, Proclamation by the Director of Emergency Services of the County of Mariposa, State of California, Proclaiming the Existence of a Local Emergency Steven W. Dahlem noted that the second step in the process is to now consider the ratification of the Declaration. No public input. RESULT: ADOPTED [UNANIMOUS] MOVER: Merlin Jones, District II Supervisor SECONDER: Marshall Long, District III Supervisor AYES: Smallcombe, Jones, Long, Cann, Menetrey Recess Board of Supervisors 2:09 PM Chair Smallcombe recessed the Board of Supervisors meeting and passed the gavel to Marshall Long after the Clerk of the Board read the Government Code announcement. I. LOCAL TRANSPORTATION COMMISSION 2:09 PM Chair Long convened the Local Transportation Commission (LTC) meeting with all commissioners present. Public Comment Period None. LTC Regular Agenda

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