Janet Bibby, Chair District III Lyle Turpin, Vice-chair District II District I LEE Stetson Kevin Cann District IV JIM*

Recommendations 13

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  CONTINUED PUBLIC HEARING to Consider General Plan/Zoning Amendment No. 2012-126. the Proposed Code Amendments Would Add Additional Sign Criteria to the Mariposa County Zoning Ordinance and the Mariposa Town Plan, Specifically the Historic and Design Review Overlay Districts (HDRO and DRO), Supplementary Standards, Supplementary Use Standards, Neighborhood Commercial (CN-1) Zone, Scenic Highway Overlay (SHO) Zone, Development Standards, and Definitions. Code and Plan Changes Include Amending Regulations for Community Informational Signs Including a Specific Allowance for the Existing Sign on APN 013-182- 003, Adding Provisions for Way Finding and Gateway Signs Throughout the County, Amending and Clarifying Regulations for Temporary Signs, Increasing Size Limitations for Businesses Which Fall Under the Definition of "Large Scale Development", Removing the Prohibition for Signs in the Front Yard Setback Area in Mariposa, Removing the Amortization Period Provisions for Non-Conforming Signs, Amending Circumstances When the County May Require a Non-Conforming Sign to be Removed, Clarifying Material Allowances in the HDRO, and Adding Necessary Definitions. the Board of Supervisors October 16, 2012 Board Will Consider the Planning Commission and Historic Sites and Records Preservation Commission's Recommendations and Take Public Testimony on the Proposed Amendments. at the Meeting, the Board of Supervisors May Give Direction to Staff For: 1) Final Changes to the Proposed Amendments and 2) the Final Hearing and Adoption Schedule. the County of Mariposa is the Project Proponent. (Public Hearing Continued from October 9, 2012) Sarah Williams/Planning Director was present. Damon Golubics/Senior Planner advised that this hearing was continued from October 9th for a final review of the proposed code amendments. Staff responded to questions from the Board relative to the process and timeline for holding another public hearing for final adoption; and relative to the external lighting and International Dark Sky Association standards. Input from the public was provided by the following: Eleanor Keuning asked about the discussion on October 9th, and she suggested that there be a section added to address seasonal signs for businesses such as rafting. She clarified that her previous concerns on the flag signs did not include the US flag, and that she is not opposed to sandwich board signs as they are to be removed at the close of business. She feels there should be a limit on the number of sandwich board signs for a building that houses multiple businesses. She finds the vinyl signs that advertise specific projects offensive, and cited the beer signs at Grizzly Gas as an example. She is still concerned with the sign at Red Fox that covers the international bus sign. Sarah Williams responded to the input that was provided. Supervisor Cann clarified that businesses like the rafting companies will be able to use sandwich board signs. Staff responded to questions relative to the status of flag and banner signs; and relative to advertisement for new subdivisions. Eleanor Keuning asked whether the little square advertisement sign in front of Yosemite-Tee's would be affected by the regulations - she feels that this is nice sign. The public portion of the hearing was closed. (M)Cann, (S)Allen, the Board agreed with the proposed code amendments as revised on October 9, 2012, and further revised today with leaving text in the document that if external lighting is used for signs made of natural or modern materials which closely resemble nature materials, the lighting shall be shielded and directional and shall not shine light off-site; and further direction was given to staff to move toward final adoption by scheduling a public hearing on November 13, 2012, at 2:00 p.m./Ayes: Unanimous. Board of Supervisors October 16, 2012 RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Kevin Cann, District IV Supervisor SECONDER: Jim Allen, District V Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen
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  Public Works RES-2012-513 Review and Approve a Style of Street Light and Support Pole for Coulterville (17 Poles/Lights) and Mariposa (4 Poles/Lights)
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  Administration (ID # 1855) CLOSED SESSION: Public Employee Employment Title or Position to be Filled: (Government Code Section 54957 (B) (1); Health Officer The closed session was held at 10:56 a.m. RESULT: HOLD CLOSED SESSION [UNANIMOUS] MOVER: Jim Allen, District V Supervisor SECONDER: Lee Stetson, District I Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen
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  and R.5 address countywide signs. Staff report was presented by Damon Golubics/Senior Planner, with Sarah Williams in attendance. He advised that many public meetings and workshops have been held to insure ample public input. He provided a brief history and overview noting that the Board has also considered input from the Planning Commission and the Historic Sites and Records Preservation Commission. Mr. Golubics reviewed the thirteen points of changes. He also reviewed the recommended actions. He advised that earlier in the day, staff received written correspondence from Marvin Wells, and he addressed the issues posed there as follows: Umbrellas with logos on them such as for Corona Beer - this is addressed by proposed changes that expand upon the present sign code to clarify the definition of a sign. Lit State signs and the Fairgrounds sign - State signage is not part of the County Code update; business sign standards are different as the State is usually exempt from local rules. Restrictions on carnival lighting during the fair - The State is exempt from the local codes on this type of restriction or code. Sign lighting by others has been addressed in the revised Sign Code. Graffiti covered signs and time allotment to correct - Not addressed as Mariposa County does not have a problem with graffiti over signs. Size, placement, color, etc. of political signs - Addressed in the last update of the sign code; Section 17.108.190(G) of the County's Zoning Ordinance. Signs printed on vehicles and a-frame signs in pickups - Following review and Board of Supervisors November 13, 2012 research, this was not addressed. Chair Bibby verified that there were no other written comments that needed to be added to the record. Public portion of the hearing was opened and input was provided from the following: Jim Dulcich stated that, as a merchant, he employs between seven and nine people. He stated that merchants are already subject to many rules that cost them money, and the last thing they need is more. He stated that expenses need to be kept down for the merchants; and care must be exercised to not create new expenses for the County of Mariposa with increased bureaucracy. Supervisor Cann stated that the Board undertook this project because of inequities that seemed to exist in the original 1991 policy. He stated that the existing policy was assessed, particularly from a business perspective, but that they also tried to consider all of the issues whether affecting residents, tourists or others. He stated that they modified a number of issues that were illogical, or not enforceable; and updated with things that weren't in existence in 1991. They also addressed way finding signs. He continued that he was pleased with the community input during the process, and clarified that the reason there are four separate items is to address issues in the Town Planning Area, as well as County wide. Supervisor Turpin stated that he has always felt that we need to have respect for our local businesses, and nothing being done here will put a hardship on them. He further stated that for this to work it is going to need compliance. His concern is that there is not a huge fee to fix issues that are not in compliance. Supervisor Allen commended Supervisors Bibby and Cann for spearheading this project, and stated that staff has done a great job. Supervisor Stetson also commended all involved in the project, and stated that he felt that the clarity of the resulting document is such that it will prevent Supervisor Turpin's concerns. Supervisor Cann agreed with Supervisor Turpin that large fees to appeal are detrimental. He feels that a proponent of a project shouldn't have to pay to appeal if it is found that something is wrong or not working. Supervisor Bibby added her thanks to staff for their help and clarification. She stated that the existing sign ordinance was problematic as people were in violation of it, and problems ensued between businesses. She advised of clarification received from staff relative to the additional 32-square feet of advertising when utilizing internally lot and signs not made of natural materials. Supervisor Turpin requested clarification of language on , under "i." at the top of the page of the planning document concerning Free-standing and Board of Supervisors November 13, 2012 monument signs. He wanted to know if that statement is in the Countywide plan as it would address a problem in Don Pedro. Staff responded that it appears to only be in the Town Planning Area. Sarah Williams stated that signs are allowed in the setback area in rural parts of the county. Supervisor Turpin sought clarification of language on , regarding way finding signs being a permitted use on all parcels. He asked if way finding signs could be placed miles away at intersections. Staff responded that the intent is that it could if it is to alert motorists. Staff further clarified that such placement would be permissible only for directional signs for generic service(s), and not off-site advertising for the specific business. Supervisor Stetson sought clarification of information that appeared to be missing from item 4, of (packet .) Staff advised that this pertains to other subsections of existing code not being addressed with this item; and that they were not included for brevity. Marvin Wells asked if it was possible to craft the ordinance in such a way to alleviate the necessity of going through the public process again if changes became necessary in the future; and he asked if there are definitions of what construes a sign, and advertising. Steve Dahlem/County Counsel answered that the Brown Act requires a public process, which includes public notice and an opportunity to participate, in order to amend the sign ordinance or any other ordinance. Sarah Williams answered in the affirmative to the second part of Mr. Wells' question, and read aloud the definition which was the last bullet item of staff's earlier presentation. Supervisor Cann stated that there is also a clear definition of a temporary sign, sandwich board signs, public interest signs and wayfinding signs; but that there are jurisdictional issues with signs on vehicles. He noted that CHP was brought into this discussion. Public portion of the hearing was closed and the Board commenced with deliberations. Action was taken to adopt the resolution as recommended for the TPA, finding the project is exempt from the California Environmental Quality Act, and directing staff to file a Notice of Exemption for the project. RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Cann, District IV Supervisor SECONDER: Jim Allen, District V Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen 3. Planning (ID # 1913) Waive the First Reading and Introduce Ordinance (TPA) Amending Chapter 17.336 of the Mariposa County Code (Pursuant to General Plan/Zoning Amendment No. 2012-126) Board of Supervisors November 13, 2012 The title of the Ordinance was read into the record with the staff report for the hearing. RESULT: INTRODUCED [UNANIMOUS] Next: 11/27/2012 9:00 AM MOVER: Kevin Cann, District IV Supervisor SECONDER: Lee Stetson, District I Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen RES-2012-563 4. Planning Adopt a Resolution (Countywide) with the Recommended Findings, Finding that the Project is Exempt from the California Environmental Quality Act, Directing Staff to File a Notice of Exemption for the Project, and Approving General Plan/Zoning Amendment No. 2012-126 RESULT: ADOPTED [UNANIMOUS] MOVER: Lee Stetson, District I Supervisor SECONDER: Kevin Cann, District IV Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen 5. Planning (ID # 1916) Waive the First Reading and Introduce Ordinance (Countywide) Amending Chapters 17.65, 17.76, 17.108, and 17.148 of the Mariposa County Code (Pursuant to General Plan/Zoning Amendment No. 2012-126) The title of the Ordinance was read into the record with the staff report for the hearing. The hearing was closed. RESULT: INTRODUCED [UNANIMOUS] Next: 11/27/2012 9:00 AM MOVER: Kevin Cann, District IV Supervisor SECONDER: Jim Allen, District V Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen 3:26 p.m. Recess 3:34 p.m. Reconvened RES-2012-564 6. Planning PUBLIC HEARING to Consider General Plan/Zoning Amendment No. 2011- 108 and Land Division Application No. 2011-109. Action Includes Adopting a Resolution with Findings Adopting a Mitigated Negative Declaration for This Project; Approving General Plan/Zoning Amendment No. 2011-108, an Equal Acre Exchange of 34.69 Acres of Land Zoned Mountain Home with a Residential Land Use Classification, with Adjacent Land Zoned Agriculture Exclusive with an Agriculture/Working Landscape Board of Supervisors November 13, 2012 Land Use Classification; and Approving Land Division Application No. 2011-109, the Division of 141.96 Acres into One Parcel of 34.69 and a Remainder of 107.27 Acres. Ron and Linda Dinnel, Project Applicants. Project Site is Located at 5556A Hornitos Road, Catheys Valley (The Following Item is to Waive the First Reading and Introduce an Ordinance Amending the Mariposa County Zoning Map by Rezoning 34.69-Acre Portions of APN 011-311-007 with One Portion Rezoned from Agriculture Exclusive to Mountain Home and the Other Rezoned from Mountain Home to Agriculture Exclusive Pursuant to General Plan/Zoning Amendment No. 2011-108) Chairman Bibby recused herself as she has a remainder interest in a property that is within 500-feet of the subject property in this project. The gavel was passed to Vice-Chairman Turpin. Staff presentation by Sarah Williams. She presented an overview of the project, and stated that it involves no net loss of Ag land and falls under the new criteria adopted earlier today. The project was reviewed by both the Agricultural Advisory Committee, and the Planning Commission with disparate results. Ms. Williams advised that written correspondence concerning this project was received this morning from Tony Toso; and one other letter late this afternoon from Sabra Abbate, opposing the project. Ms. Williams advised that she just received a copy of one additional email from Heather Bernikoff opposing the project - that email had been received by Supervisor Stetson during the lunch break. 4:49 p.m. Vice-Chair Turpin recessed for a few minutes to allow all Board members to review the Bernikoff email. 4:54 p.m. The Board reconvened and the hearing resumed. Vice-Chairman Turpin asked for clarification of the need for a noxious weed policy; stated objections to language beginning "Biological survey..." at - 37 in the report completed by Michael Ross, under Site Topography & Vegetation, specifically objecting to the wording that the land has been "significantly disturbed by grazing" and he feels this wording needs to be corrected. Ms. Williams replied that word "disturbed" has a negative connotation that was not meant; rather, the intent is that that "native vegetation has been altered by grazing." Public portion of the hearing was opened and input was provided by the following: Proponent: Anita Starchman Bryant/Starchman and Bryant Law Office representing the applicants, Ron and Linda Dinnel, addressed Supervisor Turpin's concern stating that she thinks it is sufficient to state on the record that he does not agree with the statement since the biologist's testimony cannot be changed. She thanked staff for the work they expended to get to this point, Board of Supervisors November 13, 2012 and she thanked the Agricultural Advisory Committee (AAC) and the Planning Commission. She gave a brief timeline of the project. She responded to Tony Toso's letter stating that throughout this process, she felt that the AAC ignored the opinion of the Proponent's expert. The Planning Commission took the time for an extensive hearing and found in favor of approval. She stated that the opponents are worried about precedent, but that the Dinnel's cannot be turned down on that basis; are doing nothing contrary to policy; and have presented sufficient evidence for approval. This application is for an equal swap of land and results in no net loss. She presented a slideshow of the two parcels in question noting relative similarities. Steve Dahlem/County Counsel noted the numbers in the slideshow correspond with the numbers referenced on the enlarged map that Attorney Starchman Bryant provided. She stated that not one square inch of Ag lands is being removed, and that this project does benefit Ag lands and meets the intent of the General Plan by consolidating Ag land. This places the Ag land away from residential development and those impacts; and it lessens the impacts of road development and impacts to the pond. She stated that the proponent's position will be supported by the opinion of Wain Johnson, the U.C. Farm Advisor for Mariposa County for 21 years. She requested approval of the project. Wain Johnson/consultant for the Dinnels and retired Farm Advisor for Mariposa County spoke on behalf of the project. He acknowledged the Agricultural Advisory Committee for the time they spent. He summarized his background and experience in agriculture. He stated that he determined that the two parcels are similar after conducting an onsite survey, and after reviewing soil samples, topography, rock outcroppings, tree cover, slopes, water, etc. In his opinion, the two parcels are similar enough to be of equal value with similar grazing potential, with the parcel currently zoned as Mountain Home (MH) being able to graze more cattle because of the loss of acreage to the pond and road in the Agriculture Exclusive (AE) portion. He stated that due to concerns stated by the AAC relating to slopes, water, and potential farming use of AE parcel, a joint onsite visit was conducted at which the Committee conceded their surprise that the MH portion was less steep than appeared from the topography maps and, therefore, not problematic. Mr. Johnson stated that the AAC's concerns then turned to water availability. After several visits and tests, Mr. Johnson concluded that water is not an issue. Regarding the issue of farming, Mr. Johnson stated that there currently are no water rights for the proponents to use pond water for anything other than livestock and wildlife. He also stated that while there is no history of farming on the AE parcel, he consulted with Maxwell Norton, acting U.C. Farm Advisor, as to what crops the land might sustain. After a tour, and assessment of many variables, Mr. Norton concluded that there were too many negatives for it to be feasible to farm the AE parcel. Mr. Norton also noted that the AE land might sustain an irrigated pasture, but with fencing, etc.; making it, perhaps, more economical to purchase equivalent foliage. Mr. Johnson stated that he considered every other Board of Supervisors November 13, 2012 concern of the AAC and, after analysis of each, determined that this is an equivalent land swap that would not be detrimental to the total parcel or the surrounding lands. Opposition: Dennis Bunning/Farm Bureau representative to the Agricultural Advisory Committee noted the scoring differences between the Planning Commission and the AAC and expounded on the differences relative to the scoring of ponds or roads; water availability; proximity of Ag Lands to other land contract parcels; agriculture related structures, fencing, roads, etc.; and structural and site improvements that are not related to agricultural production. He stated he feels that the land is better on the existing AE ground. He noted that they were not given any information on the existing well so they could not give consideration to that source of water in their scoring. Supervisor Cann requested clarification from Mr. Bunning regarding potential loss of acreage should a road be built through; and whether it was better for Ag to situate like types of property adjacent to each other. Dennis Bunning stated he does not feel that benefiting a subdivision is in the criteria for swapping Ag land. Rebuttal: Wain Johnson stated that when the AAC physically went on site they stated that there was no problem with the slopes, and addressed the irrigation potential. He further stated that well production was not tested and, therefore, unknown. He further stated that as a swap, only the subject parcels are to be considered and not the middle portion of land. Supervisor Turpin asked Mr. Johnson if higher ground that gets more southern exposure might not produce more feed than lower ground. Mr. Johnson answered that it was dependent on the soil; and stated that the subject property happened to be northern exposure. Don Starchman/Starchman Bryant Law Offices stated he feels that we are getting down to arguing about one-half of a cow with supplemental feed. He noted that the property could not go out the other side as there is no easement and the terrain does not allow access, and CalTrans is not allowing any more encroachment from Trower Road. He further stated that moving the development will cut down on the amount of roads, while making a safer situation for fire protection and emergency access. This will place the new subdivision adjacent to the existing subdivision. He noted the Dinnel's are running a small Ag operation and this will not impact agriculture in the County. Anita Starchman Bryant rebutted the scoring; the water availability for Ag; and the issue of road access; and the issue of the integration of land. Public portion was closed and the Board commenced with deliberations. Supervisor Allen expressed his appreciation for all of the information and work Board of Supervisors November 13, 2012 done in this matter. He also expressed appreciation that a local expert was brought in. Supervisor Stetson also expressed his appreciation for all of the information supplied. He stated his support for having a mechanism for swapping agriculture lands, but does see the potential for problems to arise in the future with neighbors that adjoin the land uses that are swapped. Action was taken to adopt the resolution as recommended for this project. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Allen, District V Supervisor SECONDER: Kevin Cann, District IV Supervisor AYES: Lee Stetson, Lyle Turpin, Kevin Cann, Jim Allen EXCUSED: Janet Bibby 7. (ID # 1912) Planning Waive the First Reading and Introduce an Ordinance Amending the Mariposa County Zoning Map by Rezoning 34.69-Acre Portions of APN 011- 311-007 with One Portion Rezoned from Agriculture Exclusive to Mountain Home and the Other Rezoned from Mountain Home to Agriculture Exclusive Pursuant to General Plan/Zoning Amendment No. 2011-108. Ron and Linda Dinnel, Project Applicants. Project Site is Located at 5556 a Hornitos Road, Catheys Valley Vice-Chair Turpin read the title of the ordinance into the record. The hearing was closed. RESULT: INTRODUCED [UNANIMOUS] Next: 11/27/2012 9:00 AM MOVER: Kevin Cann, District IV Supervisor SECONDER: Jim Allen, District V Supervisor AYES: Lee Stetson, Lyle Turpin, Kevin Cann, Jim Allen EXCUSED: Janet Bibby 5:10 p.m. The Board convened in the continued Closed Sessions 5:37 p.m. Report from Closed Sessions Chair Bibby announced that information was received and direction was provided on the closed sessions for labor negotiations with IHSS, MCMCO and SEIU. Board of Supervisors November 13, 2012 Vice-Chair Turpin announced that the closed sessions for labor negotiations with DSA and SMA were not held. S. 5:37 PM 1. Public Works (ID # 1892) Presentation by Caltrans of Their Crosswalk Study from 4Th Street to 12Th Street Along Highway 49/140 in Mariposa Supervisor Cann suggested, given the lateness of the hour, that the presentation begin and if anyone came for the 6:00 PM presentation that they could be easily briefed. He continued by providing a little background as to the Mariposa Rotary Club HERO Committee's attempt to address crosswalk danger for the last six years. Duper Tong, Chief of Traffic Safety Branch for CalTrans District 10, started by acknowledging his staff, Larry Hernandez the lead investigator, and Public Information Officer Chief, Chantal Miller. Mr. Tong presented an overview of Caltrans' investigation, findings and recommendations regarding crosswalks in Mariposa for the area between the intersection at Highway 140 and Highway 49 South, and 12th Street. Mr. Tong stated that CalTrans is proposing brighter street lighting at the Highway 140/49 junction; a high visibility crosswalk at 4th Street; high visibility cross-walk and in-road lighting at 5th and 6th Streets; high visibility cross-walk at 7th Street; and street lighting and pedestrian hybrid beacon at 8th Street. Chair Bibby reminded Mr. Tong that early on they had discussed the need to preserve the historic look of the town and that this solution would not fit community aesthetics. Supervisor Cann expressed that 7th Street really needs to be considered for the in-road lighting and agreed with Chair Bibby regarding 8th Street. Mr. Tong assured that this is just the conceptual phase. Discussion ensued regarding possible alternatives to the 8th Street proposal. Supervisor Cann interrupted the meeting to announce that the State Mining and Museum robbers had been caught. Mr. Tong continued his presentation by proposing a high visibility crosswalk at 11th Street and street lighting; and the removal of the 12th Street crosswalk. Discussion ensued regarding removal of the crosswalk at 12th Street; and regarding the proposed HAWK signal at 8th Street. Mr. Tong stated that new Federal guidelines were adopted in 2012 which will require HAWK signals. Supervisor Allen questioned the driveway to/from the Pioneer Shopping Center at Highway 140/49 junction at the stop sign and the problem with the traffic. He stated that he thought there was going to be curbing put in place. Mr. Tong stated that it is an existing driveway. Peter Rei/Public Works Director stated he had expressed concerns, similar to Board of Supervisors November 13, 2012 those being voiced here, to CalTrans at an earlier meeting in Stockton. He further stated that he would probably advise the same for 12th Street. Chair Bibby pointed out that CalTrans is responding to citizens' requests. 6:27 p.m. Chair Bibby recessed the meeting while CalTrans set up a video presentation. 6:35 p.m. The Board reconvened. Mr. Tong ended his presentation with a video showing the operation of the HAWK pedestrian signal. Public comment was opened and input was provided by the following. Bill Funke commented that the project needs to remember the historic nature of the town. Mr. Funke also commented on the section of roadway between 4th and 5th Street and the need for a continuation of the sidewalk; and expressed concern with the safety of pedestrian traffic from the hotel to the downtown area and across to the Art Park. Ron Iudice is opposed to removing the 12th Street crosswalk. He stated he lives in that neighborhood and knows that it is utilized. He is opposed to the HAWK signal; and feels that 7th Street should also have the in-road warning lights as is being proposed for 5th and 6th Streets. Dan Ostler, Owner of Dabbles which is located on the corner of 8th Street, wondered if crossing guards might not be utilized, or if it is too late for a different solution. He also doesn't think it will work with the high school students as they are inpatient at lunch and go where they want to go. Mr. Tong to responded to the input from the public. Discussion ensued regarding crossing guard funding and administration; and whether it could be a volunteer activity. Chair Bibby pointed out that the ultimate decision will belong to CalTrans, and she asked where citizens should submit comments. Chantal Miller/CalTrans Public Information Officer Chief stated that comments can be sent to CalTrans, District 10 Public Information Office. Alternatively, emails can be sent to: [email protected], or people can call the office directly at 209.948.7977 referencing "Mariposa sidewalks" and any of the Public Information Officers will be able to help. Supervisor Cann feels that the Board needs to get a letter of their concerns to CalTrans as soon as possible and advised that he will draft a letter for the Board to consider. Chair Bibby asked that CalTrans forward public comments to the County; and Mr. Tong stated he can forward them to Peter Rei for distribution to the Board. Discussion was initiated by Mr. Ostler regarding the possibility of using temporary signage that can be put out for the lunch hour only. Board of Supervisors November 13, 2012 In response to Chair Bibby's question, Mr. Tong stated that traffic was also factored in the analysis. T. Adjournment The Board adjourned at 7:04 pm in memory of William "Bill" Loucks, Ted Hogan, Norten Dean Overton, Helen Bullis, Bob Fowler and Robert Louis Babcock. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board and RENE LA ROCHE Clerk of the Board JANET BIBBY Chair, Board of Supervisors SU Mariposa County P.O. Box 784 Mariposa, CA 95338 (209) 966-3222 5100 Bullion Street http://www.mariposacounty.org/ JANET BIBBY, CHAIR DISTRICT III LYLE TURPIN, VICE-CHAIR DISTRICT II LEE STETSON DISTRICT I KEVIN CANN DISTRICT IV JIM ALLEN DISTRICT V MINUTES November 20, 2012 Call to Order and Roll Call Α. 9:04 AM Meeting Called to Order at the Mariposa County Government Center Attendee Name Title Status Arrived Lee Stetson 9:04 AM District I Supervisor Present Lyle Turpin District II Supervisor Present 9:04 AM Janet Bibby District III Supervisor Present 9:04 AM Kevin Cann Present District IV Supervisor 9:04 AM Jim Allen District V Supervisor Present 9:04 AM В. Pledge of Allegiance Chair Bibby called for a moment of silence following the Pledge of Allegiance for our men and women serving in the military, and for their families. C. Introductions Chair Bibby introduced Lt. Mike Troxell/California Highway Patrol who gave an overview of the investigation of the recent robbery at the Mariposa Mining and Mineral Museum and the apprehension of the alleged robbers. 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. Supervisor Bibby announced that there is a typo as to amount in item CA7 Board of Supervisors November 20, 2012 (Amendment to the Contract with Golden Valley) and that the correct amount is $853.08. Gary Taylor/Assistant Public Works Director responded to questions from Supervisor Cann on item 7 relative to the extension and additional compensation. Supervisor Turpin referred to item 8, and he thanked Public Works for taking care of this project. There was no public input. All items were approved. RESULT: ADOPTED [UNANIMOUS] MOVER: Lyle Turpin, District II Supervisor SECONDER: Jim Allen, District V Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen CA1. Administration RES-2012-565 Resolution Continuing the Local Emergency Due to Landslides on Highway 140 Enroute to Yosemite National Park CA2. Administration RES-2012-566 Resolution Continuing the Local Emergency Due to Damages Associated with the Rains in Late December 2010, Including Ben Hur Road CA3. Human Services/Behavioral Health & Recovery Services (ID # 1876) Appoint Kelsey A. Foraker to the Alcohol and Drug Abuse Advisory Board for a Term Expiring November 20, 2015 CA4. Board of Supervisors RES-2012-567 Approve a Memorandum of Understanding (MOU) with the Stanislaus National Forest (Forest Service) and the American Indian Council of Mariposa County for a Term of 10 Years for the Protection, Preservation, Environmental Enhancement, and Economic Development of the Area Known as Jordan Creek/Bower Cave Special Interest Area; Authorize the Board of Supervisors Chair to Sign the MOU CA5. Human Services/Behavioral Health & Recovery Services (ID # 1920) Reappoint James Tucker to the Alcohol and Drug Abuse Advisory Board for a Term Expiring November 20, 2015 CA6. Public Works (ID # 1921) Accept the Resignation of Barbara Milazzo from the Solid Waste AB 939 Local Task Force and Appoint Vicki Bustos to the Solid Waste AB 939 Local Task Force Representing Mariposa Unified School District CA7. Public Works RES-2012-568 Board of Supervisors November 20, 2012 Approve First Amendment with Golden Valley Engineering to Extend Date to December 31, 2012; Increase Compensation in the Amount of $853.00, Bringing the Total Compensation to $42,853.08, and Authorize the Public Works Director to Sign the Amendment CA8. Public Works RES-2012-569 Accept the Coulterville Street Light Project as Complete, and Authorize the Public Works Director to Record the Notice of Completion and Release the Retention CA9. Assessor-Recorder RES-2012-570 Promote an Appraiser I to Appraiser II in Flexible Appraiser I/II Classification Effective October 1, 2012 E. Departmental Presentation For Items within the Jurisdiction of the Board and not on Today's Agenda Pete Judy/Chief Probation Officer shared with the Board that his staff had donated money to help provide Thanksgiving dinner for two local families. F. Public Presentation For Items within the Jurisdiction of the Board and not on Today's Agenda (Speakers Limited to Five Minutes) Marvin Wells asked that everyone remember what the holiday was about and extended his wishes to everyone for a Happy Thanksgiving. David Taylor from Lake Don Pedro requested that the County provide a written response of its denial of their request to abandon a trail easement in Lake Don Pedro, and asked that certain terms be defined and explained. He provided a written letter of same. Chair Bibby suggested that the District Supervisor meet with the Public Works Department on this request; and she advised that the materials and audio of the Board meeting is available online. Merlin Jones/District II Supervisor-Elect expressed his delight at seeing Lyle stand for the Pledge of Allegiance. Board Information G. Supervisor Turpin reported that he had attended a countywide Solid Waste Task Force meeting on Thursday and reported progress being made. He also met, later that day, with a Public Works representative and Steve Dahlem/County Counsel regarding Greeley Hill road issues. Friday, he spoke with Maggie Dowd of the Forest Service regarding a bridge issue on Bondurant Mine Road, as well as the matter of housing a fire engine. He Board of Supervisors November 20, 2012 reported on attending a meeting on Monday regarding an encroachment fee issue. Supervisor Turpin wished everyone a Happy Thanksgiving. Supervisor Allen stated that it was great to see Supervisor Turpin stand this morning. He reported that on Thursday he attended a meeting regarding the fire stations. He reported that there is a delay regarding the Fish Camp building, but that the Midpines station is on schedule. He further reported on the situation regarding the State Responsibility Area (SRA) fee and his experiences when calling the 800 number that the State has set up for it. He also reported that he had a meeting yesterday regarding Silver Tip with agents for its new owner, Far West Industries, and that they reported that they will soon be meeting with Fish Camp residents. Supervisor Allen extended to everyone his wishes for a Happy Thanksgiving. Supervisor Stetson expressed his delight at seeing Supervisor Turpin stand. He reported on a meeting that he and Supervisor Bibby (via telephone) had with CalTrans in Fresno regarding the Ferguson rock slide. He stated that the two viable alternatives presented are a rock shed or a tunnel. He went on to acknowledge the efforts of the Board and CAO on this issue. He further stated that there should be one more review on the matter by the end of the year. He also reported that, on Wednesday night, he and Supervisor Allen met with the Agriculture Advisory Committee as well as representatives from the State and the Fire Department. He stated that he will be meeting on Monday with Planning and Public Works representatives, and Supervisor-Elect John Carrier. Supervisor Cann expressed his joy at seeing Supervisor Turpin stand for the Pledge of Allegiance. He went on to report that he attended a Regional Counsel of Rural Counties (RCRC) meeting last week where it was generally thought that the SRA fee wouldn't stand. He also reported on statewide election results; and on a conversation last week with Bob Rucker, representative for Congressman Jeff Denham, who stated that the Congressman is committed to Mariposa County issues. Supervisor Cann also reported attending a Solid Waste Task Force meeting last Thursday and credited Greg Ollivier, the new Solid Waste/Recycling Manager, with his oversight and proactive stance regarding the facility and its issues. Supervisor Cann also thanked the Chamber of Commerce for holding the e-recycling event this last Saturday, and acknowledged the dedicated volunteers who worked despite the heavy rain. He also stated that they will schedule another such event in the near future. Supervisor Bibby extended her congratulations to Supervisor Turpin for the progress he has made in his recovery. She went on to wish all County, State and Federal staff a Happy and Healthy Thanksgiving Day. She also reminded the public that if anyone knows a person in need to call any County office so that the proper agency can be alerted. Board of Supervisors November 20, 2012 H. Regular Agenda Items Fire (ID # 1891) 1. Board Review and Comment on the Final Draft Version of the Local Hazard Mitigation Plan (LHMP) Pusuant to Requirements of the Federal Emergency Management Agency (FEMA) Prior to Formal Adoption and Direction to Open a 30-Day Public Comment Period. Supervisor Bibby clarified that this was an informational presentation not requiring a vote. Staff presentation made by Jim Wilson/Fire Chief and Emergency Planning Coordinator, and Don Florence/Emergency Planner. Chief Wilson gave a brief history of the project and noted some changes that have been made in the text since the matter last came before the Board. He provided an edited copy of Table 4-3a for easier viewing. He ended his presentation requesting direction to open the thirty day public comment period. Discussion ensued regarding typographical and other errors. Chief Wilson advised of the urgency of opening public comment because of time constraints under the Stafford Act. The Board directed that the typographical and other formatting issues be addressed; that the Planning Department be consulted regarding recent action that the Board took amending the General Plan to allow for transfers of agricultural land; and that all changes be incorporated into the Plan before opening for public comment. I. Items removed from Consent Agenda None. J. Closed Session 1. Administration (ID # 1936) CLOSED SESSION: Public Employee Employment Title or Position to be Filled: (Government Code Section 54957 (B) (1); Health Officer The closed session was held at 10:31 a.m. RESULT: HOLD CLOSED SESSION [UNANIMOUS] MOVER: Lee Stetson, District I Supervisor SECONDER: Kevin Cann, District IV Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen 10:53 AM Report from Closed Session Chair Bibby announced that information was received, and direction was given to Staff. 10:54 AM Recess and lunch K. Board of Supervisors November 20, 2012 L. 2:01 PM Reconvene 1. Planning RES-2012-571 PUBLIC HEARING to Adopt a Resolution Finding that the Project is Exempt from Environmental Review, Approving Land Conservation Act Application No. 2012-125 with Findings, Approving the Creation of a New Agricultural Preserve and Approving Execution of a New Land Conservation (Williamson) Act Contract with MJ Oaks, LLC for a 250 Acre Parcel, Excluding a 2-3 Acre Area from the Contract. Located at an Unassigned Address on Lake McClure Road Near Lake McSwain; APN 007- 070-007 Staff presentation provided by Sarah Williams/Planning Director, and Alvaro Arias/Associate Planner. They provided a power point overview of the application noting that the application has been reviewed by the Agriculture Advisory Committee and ended the presentation requesting acceptance of the application as all criteria had been met. Staff responded to questions and clarification regarding the two to three acre section to be excluded; the requirements of the Williamson Act; and property tax adjustments for Williamson Act contracts. Public Comment Portion was opened. There were no speakers for the Proponents. Speaking as an Opponent was Karen Smith/Realtor, speaking as a citizen. She stated that she felt that Agriculture Exclusive (AE) lands are not always used for agriculture and thinks that the whole concept of the Williamson Act needs to be re-examined; and suggested a moratorium until subvention revenue is provided again. There was no rebuttal as there was no speaker for the Proponent. Steve Dahlem/County Counsel responded to questions from the Board from a legal perspective relative to processing requirements for Williamson Act Contracts. Public Comment was closed and reopened: Karen Smith agreed that this project should go forward as applicants followed the procedures; and she asked the Board to address the future of considering Williamson Act contracts. Public Portion Closed and Deliberation. Board of Supervisors November 20, 2012 ADOPTED [UNANIMOUS] RESULT: Lyle Turpin, District II Supervisor MOVER: SECONDER: Lee Stetson, District I Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen Adjournment M. 2:53 PM: Chair Bibby adjourned the meeting in memory of Amanda Marrison, Jay Posey, Sam Spaulding and Arthur L. Mills. Respectfully submitted, RENE' LA ROCHE Clerk of the Board JANET BIBBY Chair, Board of Supervisors OF Mariposa County P.O. Box 784 Mariposa, CA 95338 (209) 966-3222 5100 Bullion Street http://www.mariposacounty.org/ JANET BIBBY, CHAIR DISTRICT III LYLE TURPIN, VICE-CHAIR DISTRICT II LEE STETSON DISTRICT I KEVIN CANN DISTRICT IV JIM ALLEN DISTRICT V MINUTES November 27, 2012 Call to Order and Roll Call Α. 9:01 AM Meeting Called to Order at the Mariposa County Government Center Attendee Name Title Status Arrived Lee Stetson 9:01 AM District I Supervisor Present Lyle Turpin District II Supervisor Present 9:01 AM Janet Bibby District III Supervisor Present 9:01 AM Kevin Cann District IV Supervisor Present 9:01 AM Jim Allen District V Supervisor Present 9:01 AM Pledge of Allegiance В. Supervisor Allen led the Pledge of Allegiance; followed by a moment of silence for our men and women serving in the military and for their families. 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. Chair Bibby stated that items 3, 7, and 10 require a 4/5th vote; that 8 would also require a 4/5th vote but that it has been withdrawn. No public comment. Board of Supervisors November 27, 2012 Supervisor Cann requested clarification regarding the roll of the lobbying firm mentioned in item 4. Rick Benson/County Administrative Officer responded. Supervisor Stetson requested clarification on item 6, as to the sufficiency of the length of time monitoring the well. Dr. Charles Mosher/County Health Officer responded. RESULT: ADOPTED [UNANIMOUS] MOVER: Lee Stetson, District I Supervisor SECONDER: Jim Allen, District V Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen CA1. Administration RES-2012-573 Resolution Continuing the Local Emergency Due to Landslides on Highway 140 Enroute to Yosemite National Park CA2. Administration RES-2012-574 Resolution Continuing the Local Emergency Due to Damages Associated with the Rains in Late December 2010, Including Ben Hur Road CA3. Fire RES-2012-575 Authorize the Fire Chief to Accept the 2012 Homeland Security Grant On Behalf of County Health, Fire and Sheriff Departments; Approve Budget Action Increasing Revenue and Appropriations in the Fire - Special Grants Budget to Reflect Grant Revenue and Expenditures ($63,877) 4/5ths Vote Required CA4. Administration RES-2012-576 Authorize the County Administrative Officer to Sign the Lobbying Firm Activity Authorization Form Authorizing Advocation, Inc. to Perform Lobbying Activities on Behalf of Mariposa County CA5. Human Services/Behavioral Health & Recovery Services (ID # 1934) Appoint Julia Crespi to the Mental Health Board for a Term Expiring on November 27, 2015 CA6. Health RES-2012-577 Approve a Modification to the Variance for Christian Gallery and Lucy Snyder to Locate a Well on Their Foresta Property, APN 006-160-035 CA7. Administration/Economic Development RES-2012-578 Approve Budget Action Increasing Revenue and Appropriations in the Economic Development Budget in the Amount of $225 for Economic Development Professional Training 4/5ths Vote Required 1926 pulled from Consent 8. CA9. Human Services/Behavioral Health & Recovery Services RES- 2012-579 Board of Supervisors November 27, 2012 Approve an Agreement with the American Indian Council of Mariposa to Provide Mental Health Services Under the Substance Abuse and Mental Health Services Administration (SAMHSA) Grant in an Amount Not to Exceed $84,352, and Authorize the Board of Supervisors Chair to Sign the Agreement CA10. Administration/Economic Development RES-2012-580 Approve Budget Action Transferring Funds from Economic Development to the Fire Department in the Amount of $2,000 for Senior Wood Delivery Fuel Reimbursement; and to the Land, Building, and Improvement Fund in the Amount of $2,500 for the Installation of Lights at the County Tennis Courts. 4/5ths Vote Required CA11. Human Services/Behavioral Health & Recovery Services RES- 2012-581 Approve an Agreement with Heritage Oaks Hospital to Provide Psychiatric Inpatient Services to Mariposa County Behavioral Health in an Amount Not to Exceed of $18,000, and Authorize the Board of Supervisors Chair to Sign the Agreement E. Presentations 1. Health RES-2012-572 Adopt a Resolution Recognizing Environmental Health Specialists Dave Conway, Brian Hodge, Dawn Kerbow and Carolyn Coder, of the Mariposa County Health Department for Their Dedication to Maintaining the Health and Safety of the Residents of Mariposa Supervisor Turpin commented that the recipients represent all of Mariposa County. Chair Bibby expressed her appreciation for the professionalism and work of the recipients. Dr. Mosher thanked the Board for recognizing the Environmental Health Specialists; explained the education and training that is required to become one; gave an example of their job; and gave a brief history of each. Supervisor Bibby thanked Dr. Mosher for his leadership. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Allen, District V Supervisor SECONDER: Lyle Turpin, District II Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen F. Departmental Presentation For Items within the Jurisdiction of the Board and not on Today's Agenda None. Public Presentation G. For Items within the Jurisdiction of the Board and not on Today's Agenda (Speakers Board of Supervisors November 27, 2012 Limited to Five Minutes) None. H. Board Information Supervisor Allen expressed his hope that everyone had a great Thanksgiving. He commented on how busy the town was last Saturday, which was Shop Local Day. He reported receiving a call last Wednesday regarding the road bank at the Highway 49 North/Ashworth Road intersection which is beginning to suffer substantial erosion. He has placed two telephone calls to CalTrans about it but has received no response. He also reported that he has left several messages regarding the CalFire fee but has received no response. He noted that he had received a call from Senator Berryhill's office expressing frustration because the State is not returning their calls either. He reported that next Thursday he will attend a fire station meeting. He reminded everyone of the Craft Fair at the Fairgrounds on Friday and Saturday, and the Christmas Parade to be held Saturday at 6:00 PM. Supervisor Stetson expressed his hope that everyone had a nice Thanksgiving. He reported that he met with Supervisor-elect John Carrier last Wednesday to discuss issues. Yesterday he met with Planning and Public Works regarding a Midpines issue, and that today he is meeting in Bear Creek with some people regarding another issue in the Midpines area. Supervisor Cann commended the Planning Director and her staff for their tremendous work output over the last few months. He reported that he will be going to the California State Association of Counties meeting for the rest of the week where he will be meeting primarily with the Rural Caucus. He reported that they will be strategizing on the best way for the rural counties to remain significant in the State legislature. He advised Supervisor Allen that the Regional Council of Rural Counties (RCRC) should be contacted on the CalFire fee issue, and that Townsend was best to deal with CalTrans. He also announced that the RCRC will be presenting the Patti Mattingly Award, for demonstrated leadership on rural issues, to Assemblymember Kristin Olsen on January 16, 2012 in Sacramento; and advised that Fiona Ma is the Assemblymember responsible for intervention regarding the proposed closing of County Fairs two years ago. He invited everyone to come to the Merry Mountain Christmas Parade at 6 PM this Saturday. Supervisor Turpin reported receiving a call from an individual being billed twice for the CalFire fee who, when he called the State telephone number, was told that it is a CalFire issue. He went on to note that he had passed eight logging trucks which was gratifying to him as it showed that harvesting is going on which, in turn, means jobs. He expressed his hope that everyone had a fulfilling Thanksgiving Day. He also reported that he had a conversation with Maggie Dowd with the U.S. Forest Service about meeting with her and Supervisor-elect Merlin Jones regarding projects in the North County. He Board of Supervisors November 27, 2012 congratulated Margie Williams as this is her last day as the Clerk to the Board and offered his thanks to her for her many years of professional service to Mariposa County. Supervisor Bibby noted that the High School has closed its campus until next year so the crosswalk issue has been downsized until then. She stated that local CalFire representatives only have so much power and authority, and that comments here are being directed at the Sacramento level. She expressed her appreciation and thanks to Emergency Personnel who work through the holidays; who have seen a recent rise in transients, and the activation of neighborhood watches. She asked everyone to be attentive to what goes on around them and call in anything suspicious. She also expressed her special appreciation for Margie Williams, and noted that the Board will be honoring her on December 11th at 2:00 PM and invited everyone to attend. Regular Agenda Items I. Administration RES-2012-582 1. Approve a 5-Percent Salary Increase for the Clerk to the Board Position Effective November 1, 2012. Rick Benson/County Administrative Officer presented an overview and clarified that the issue before the Board now was to revise the salary schedule for the Clerk to the Board position. Supervisor Bibby expressed her concern that the salary should have been increased to the highest salary step at the adoption of the new salary schedule (Resolution 12-440.) Questions and clarification regarding that issue ensued. There was no public comment. The motion was made by Supervisor Allen, with a second by Supervisor Turpin, that the Board approve the Motion to revise the salary schedule for the Clerk to the Board, increasing the monthly pay for that position to $4,675.67 per month, retroactive to August 21, 2012. The Motion carried unanimously. RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Jim Allen, District V Supervisor SECONDER: Lyle Turpin, District II Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen 2. ORD-2012-1091 Planning Waive the Second Reading and Adopt an Ordinance Amending the Mariposa County Zoning Map Pursuant to General Plan/Zoning Amendment No. 2011-108. the Ordinance Will Rezone 34.69-Acre Portions of APN 011-311-007 with One Portion Rezoned from Agriculture Exclusive to Mountain Home and the Other Rezoned from Mountain Home to Agriculture Exclusive Pursuant to General Plan/Zoning Amendment No. Board of Supervisors November 27, 2012 2011-108. Ron and Linda Dinnel, Project Applicants. Project Site is Located at 5556 a Hornitos Road, Catheys Valley 9:40 AM - Chair Bibby excused herself as she has a remainder interest in a property within five hundred feet. The gavel was passed to Vice-Chairman Turpin, and Supervisor Bibby exited the room. Staff presentation by Sarah Williams/Planning Director. She presented an overview of the project and its history. No questions, but Supervisor Cann thanked the Planning Department for the speed at which they have been processing items. Public Portion opened. No comments from the public. Public Portion closed. No further questions from the Board. Supervisor Turpin thanked the Planning Department for their work in establishing guidelines for these types of transfers. Action was taken to adopt the ordinance as recommended. RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Cann, District IV Supervisor SECONDER: Jim Allen, District V Supervisor AYES: Lee Stetson, Lyle Turpin, Kevin Cann, Jim Allen EXCUSED: Janet Bibby 9:44 AM - Chair Bibby returned, and the gavel was passed back to her. 3. Treasurer-Tax Collector-County ClerkRES-2012-583 Approve a Reorganization of the Office of the Treasurer - Tax Collector - County Clerk Effective November 1, 2012, and Approve a Budget Action Transferring Funds Within the Treasurer/Tax Collector and Elections Budgets to Fund the Requested Reorganization ($78,675) Staff presentation by Keith Williams/Treasurer/Tax Collector/County Clerk. Discussion ensued relative to a handout with new calculations and whether the figures are reflective of current differences or differences at highest steps; whether the Personnel Department should be consulted regarding classification comparisons; and his Department's organization and structure. Supervisor Allen expressed his support of Mr. Williams and how he runs his Department. Supervisor Turpin sought clarification as to whether Mr. Williams had consulted with the newly-elected Supervisors, as well. There was no public comment. The Motion was made by Supervisor Allen, and seconded by Supervisor Cann, that the Board approve the resolution as requested. The Motion was carried by a unanimous vote. Board of Supervisors November 27, 2012 RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Allen, District V Supervisor SECONDER: Kevin Cann, District IV Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen J. Items removed from Consent Agenda This item was withdrawn at the request of the Human Services Department. Human Services/Behavioral Health & Recovery Services (ID # 1926) Α. Approve an Agreement with the California State University Fresno Foundation through Its Social Welfare Evaluation Research and Training Center (SWERT) to Assist with the Development of the Mental Health Services Act (MHSA) Innovation Program in an Amount Not to Exceed $42,000, and Authorize the Board of Supervisors Chair to Sign the Agreement, and Approve Budget Action Reducing the Contingency in the MHSA to Fund the Agreement ($32,000.) 4/5ths Vote Required RESULT: WITHDRAWN Closed Session K. 1. Administration (ID # 1944) CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: California United Homecare Workers (CUHW) for In-Home Supportive Services (IHSS); Name of County Designated Representative: Mary Hodson This closed session was held at 11:01 AM. RESULT: HOLD CLOSED SESSION [UNANIMOUS] MOVER: Kevin Cann, District IV Supervisor SECONDER: Lee Stetson, District I Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen 2. County Counsel (ID # 1946) CLOSED SESSION: Public Employee Position to be Filled [Government Code Section 54957(B)(1)]-Human Resources Director/Risk Manager This closed session was held at 10:52 AM. RESULT: HOLD CLOSED SESSION [UNANIMOUS] MOVER: Lee Stetson, District I Supervisor SECONDER: Lyle Turpin, District II Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen Administration (ID # 1968) 3. CLOSED SESSION: Public Employee Employment Title or Position to be Filled: (Government Code Section 54957 (B) (1); Health Officer Board of Supervisors November 27, 2012 This closed session was held at 10:11 AM. RESULT: HOLD CLOSED SESSION [UNANIMOUS] MOVER: Lyle Turpin, District II Supervisor SECONDER: Lee Stetson, District I Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen 11:14 AM Report from Closed Session Supervisor Bibby had a personal matter to attend to and was excused from the meeting at 10:48 AM, and the gavel was passed to Vice-Chair Turpin. He reported that information was received, and direction was given regarding the labor negotiations with IHSS, the Human Resources Director/Risk Manager position, and the Health Officer position. Adjournment L. 11:15 AM - The meeting was adjourned in memory of Ethel Osburn and Roger Benn. Respectfully submitted, RENE LA ROCHE Clerk of the Board JANET BIBBY Chair, Board of Supervisors Mariposa County m⊎ P.O. Box 784 Mariposa, CA 95338 (209) 966-3222 5100 Bullion Street http://www.mariposacounty.org/ JANET BIBBY, CHAIR DISTRICT III LYLE TURPIN, VICE-CHAIR DISTRICT II LEE STETSON DISTRICT I KEVIN CANN DISTRICT IV JIM ALLEN DISTRICT V MINUTES December 4, 2012 Call to Order and Roll Call Α. 9:02 AM Meeting Called to Order at the Mariposa County Government Center Attendee Name Title Status Arrived Lee Stetson 9:02 AM District I Supervisor Present Lyle Turpin District II Supervisor Present 9:02 AM Janet Bibby District III Supervisor Present 9:02 AM Kevin Cann Present District IV Supervisor 9:02 AM Jim Allen District V Supervisor Present 9:02 AM В. Pledge of Allegiance Supervisor Stetson led the pledge; followed by a moment of silence for our men and women serving in the military during the holidays, and for their families. C. Introductions Supervisor Bibby introduced Rene' LaRoche, the new Clerk of the Board. She also announced that the Board would be honoring former Clerk, Margie Williams, next Tuesday at 2:00 PM. Approval of Consent Agenda (Items designated by "CA") D. The Consent Agenda consists of items that are generally viewed as non- NOTE: controversial and routine by the department. If the Board wishes to discuss an item, it will be removed from the Consent Agenda and moved to the end of the timed agenda; or at the Chair's discretion, may be taken in conjunction with another item scheduled by the respective department. Otherwise, the Consent Agenda items are generally approved in one single motion. This is the appropriate time for the public to advise the Chair of any comments to the Consent Agenda or request to have an item removed from the Consent Agenda. Board of Supervisors December 4, 2012 Chair Bibby announced that CA9 will require a 4/5th vote. She also advised that the Board had received a handout from the Department Head for item CA7, and that a copy of that handout was located in the public binder. There was no public comment regarding any item. Supervisor Turpin initiated discussion regarding CA3 and the issue of potential overtime. Greg Ollivier, Solid Waste/Recycling Manager responded. Peter Rei/Public Works Director responded to a question from Supervisor Bibby regarding how the situation will be monitored, and whether bargaining units had been consulted. Steve Dahlem/County Counsel confirmed consultation with bargaining units. In response to Supervisor Turpin's question regarding CA9, Peter Rei responded that the shipping container was fully outfitted with electricity, windows, and doors; and met all building codes. RESULT: ADOPTED [UNANIMOUS] MOVER: Lee Stetson, District I Supervisor SECONDER: Lyle Turpin, District II Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen CA1. Administration RES-2012-584 Resolution Continuing the Local Emergency Due to Damages Associated with the Rains in Late December 2010, Including Ben Hur Road CA2. Administration RES-2012-585 Resolution Continuing the Local Emergency Due to Landslides on Highway 140 Enroute to Yosemite National Park CA3. Public Works RES-2012-586 Authorize the Solid Waste Division of the Public Works Department to Close the Landfill to the Public on Monday, December 17, 2012 CA4. Public Works RES-2012-587 Approve Closure of the Public Works Solid Waste Division Facility on the Monday Prior to Any County Holiday that Falls on a Tuesday or Wednesday CA5. Agricultural Commissioner RES-2012-588 Approve the Contract for Services Agreements with Dan Wice and California Reforestation for Implementation of the Mariposa County Noxious Weed Program and Authorize the Board of Supervisors Chair to Sign the Agreements. CA6. Human Services/Social Services RES-2012-589 Authorize the Human Services Department to Fill a Vacant Office Assistant II Position in the Social Services Budget Effective December 5, 2012 CA7. Treasurer-Tax Collector-County Clerk RES-2012-590 Adopt a Resolution Approving the Statement of Votes Cast as Certified to the Secretary of State on November 29, 2012. RES-2012-591 CA8. Treasurer-Tax Collector-County Clerk Board of Supervisors December 4, 2012 Approve Appointment of Kimberly Allison, Eldon Henderson, and Joe Cardoso to the Mariposa County Unified School District Board of Trustees and Governing Board, Pursuant to Elections Code Section 10515 (A) CA9. Public Works RES-2012-592 Approve Budget Action Transferring Funding Within the Yosemite West Fund and Reducing Revenue and Appropriations in the Yosemite West Utility Capital Fund ($8,238); Approve the Purchase of a Storage Container. 4/5ths Vote Required E. Approval of Minutes 1. Tuesday, November 13, 2012 F. Departmental Presentation For Items within the Jurisdiction of the Board and not on Today's Agenda Marilyn Lidyoff/Business Development Coordinator thanked the Board for their support of her projects, and stated that she would miss everyone. She explained to the audience that she has taken a new position as Economic Development Coordinator for the City of Marina. Each Supervisor expressed their thanks and well-wishes. G. Public Presentation For Items within the Jurisdiction of the Board and not on Today's Agenda (Speakers Limited to Five Minutes) Marvin Wells, speaking on behalf of his grandchildren, thanked Supervisor Cann for the Smokey Bear memorabilia. He presented a card to Supervisor Cann from Mr. Wells' granddaughter; advised of the fire safe pledges that his granddaughter's class had taken; and that the Smokey Bear autograph was now hanging on a bulletin board at his granddaughter's school. Merlin Jones/Supervisor-elect District II expressed his thanks to the Board for funding the California State Association of Counties (CSAC) New Supervisors Institute as he found it very educational; networked with other new supervisors; and heard how great this Board is to work with. He also expressed his appreciation for Marilyn Lidyoff and the role she has played to county businesses. Η. Board Information Supervisor Stetson reported that he met with some Catheys Valley constituents yesterday about item N.2; and that he is leaving tomorrow morning for a two day session with the Sierra Nevada Conservancy in Marysville. Supervisor Cann addressed Merlin Jones, and District V Supervisor-elect John Carrier, regarding the value of the CSAC training and networking. He reported that, at that same CSAC conference, he learned that the Howard Jarvis Association lawsuit regarding the SRA fee will be negated if the State legislature reconsiders it and passes it with a two-thirds majority; he reported that the Governing Board of Forestry will be meeting in Sacramento tomorrow and taking public testimony, and he can provide the meeting information to Board of Supervisors December 4, 2012 anyone who might want it. He offered his congratulations to the Chamber of Commerce who held the Merry Mountain Christmas Parade despite the weather. He reported that yesterday he met with Supervisor Bibby and the Fire Chief regarding the Local Hazard Mitigation Plan (LHMP), and updated the Board on its progress. He further advised that he had a preliminary meeting with U.C. Merced staff to discuss increasing the role that Mariposa has in U.C. Merced growth. He also advised that there is to be an informational discussion next Wednesday, December 12th, at 1:30 PM at the Government Center, regarding the potential for graduated care facilities in Mariposa. Supervisor Turpin reported hearing from a caller who mentioned that he had just received his SRA billing; it was unknown if there was a late fee. He also reported that the rain held off for a Christmas tree lighting celebration and bonfire in Coulterville behind Station 26. On Sunday he attended the annual Greeley Hill Community Breakfast Club Feast, and he congratulated all of the volunteers who made that happen. He commented on the effects of the recent rain on the Merced River; that he passed four different county vehicles this morning, and he appreciates all of their support to the North County. He also commended the Fire Safe Council for fuel reduction around the Community Hall. He wished everyone a Merry Christmas season, as well as safe holidays. Supervisor Allen advised that he attended a Fire Station meeting last Thursday and that things are moving forward; the walls are mostly done and the roofs are going on. He reported on the office luncheon for Margie Williams that was held in Yosemite. He advised that he spent most of Friday dealing with the issue of the eroding bank at the Highway 49 S/Ashworth Road intersection, and thanked the Mariposa Gazette for their coverage of the event, and the effect it had, as he was finally able to speak with CalTrans representative, Dinah Bortner. He also reported that he has still not received a response regarding the SRA fee, and that he received a call from a constituent who has been double billed. Tomorrow he will be meeting with County Counsel, and representatives from the Building and Planning Departments regarding a Wawona issue. Thursday he will be attending an Area 12 Agency on Aging meeting in Sonora, and Friday he will be meeting with the new Tourism Director. Supervisor Bibby reported meeting with CalFire, and advised Supervisor Allen that they wish to have a meeting with him. Regarding the Ashworth Road issue, she advised that she had spoken with Dinah Bortner who assured her that they were working on the situation; and expressed her appreciation to the Gazette for their coverage. She also reported that she is starting to receive calls regarding erosion around new pavement on Mount Bullion Cutoff, and that Public Works will be making an inspection later this date. She advised of a Foreign Trade teleconference that she will be participating in this Wednesday. She reported speaking to CalFire representatives Nancy Koeperich and Kevin Smith about the SRA fee; that she knew, from personal experience, that not everyone with a mobile home is being double-billed and that the error may have something to do with a final form not being filed with the Housing and Community Development (HCD); and encouraged people to investigate the possibility that a complete transfer never occurred. She also reported that, due to loss of revenue, the School District voted on November 15, 2012 to raise their fees; what the new fees are; and when they will become effective. She advised that when the LHMP comes out it will be referencing the June, 2011 General Plan, and will always seem to be running slightly behind. Planning is coordinating with Fire and changes will be covered in the 5 year updates. She added input regarding the graduated care facility discussion. Board of Supervisors December 4, 2012 I. Regular Agenda Items ORD-2012-1092 Planning 1. Waive the Second Reading and Adopt an Ordinance Amending Chapters 17.65, 17.76, 17.108 and 17.148 of the Mariposa County Code Pursuant to Zoning Amendment No. 2012-126. the Ordinance Will Allow for Sandwich Board Signs in the Scenic Highway Overlay (SHO) District, Additional Sign Area for Businesses with Two (2) Frontages in the Neighborhood Commercial (CN-1) Zoning District, Additional Signage for Large Scale Businesses, Added Provisions for Wayfinding Signs, Removal of the Amortization Period for Non-Conforming Signs, Allowance for Gateways Signs, Expansion of the Allowance of Community Information Signs in Areas Without Adopted Town Plans and Expansion of Sign Definitions Chair Bibby noted that this ordinance is to the Countywide Plan. Staff presentation by Damon Golubics/Senior Planner. There were no changes or questions by the Board. No public comment. Approved as requested. RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Cann, District IV Supervisor SECONDER: Jim Allen, District V Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen 2. ORD-2012-1093 Planning Waive the Second Reading and Adopt an Ordinance Amending Chapter 17.336 of the Mariposa County Code Pursuant to Zoning Amendment No. 2012-126. the Ordinance Will Allow for Signs in the Front Yard Setback Area in Mariposa, Allow Signs to Project Over and into the Public Right of Way, Allow for the Use of Modern Materials that Closely Resemble Natural Materials, External Lighting that is Shielded and Directional, Additional Signage for Large Scale Businesses, Allowance for Sandwich Boards Signs, Limitations on the Amount and Type of Temporary Signs, Expansion of the Community Information Sign Regulations and Adding Provisions for Wayfinding Signs Chair Bibby noted that this ordinance is for the Town Planning Area (TPA.) Damon Golubics in attendance. No presentation or further information by Staff. There were no changes or questions by the Board. No public comment. Approved as requested. Board of Supervisors December 4, 2012 RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Cann, District IV Supervisor SECONDER: Lee Stetson, District I Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen J. Items removed from Consent Agenda There were no items removed from the Consent Agenda. Closed Session K. County Counsel (ID # 1964) 1. CLOSED SESSION; Conference with Legal Counsel; Anticipated Litigation; Initiating of Litigation Pursuant to Subdivision (C) of Government Code Section 54956.9; Number of Cases: 1 This session was held at 10:06 AM. RESULT: HOLD CLOSED SESSION [UNANIMOUS] MOVER: Jim Allen, District V Supervisor SECONDER: Lee Stetson, District I Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen 2. Administration (ID # 1984) CLOSED SESSION: Public Employee Employment Title or Position to be Filled: (Government Code Section 54957 (B) (1); Health Officer This session was held at 10:13 AM. RESULT: HOLD CLOSED SESSION [UNANIMOUS] MOVER: Lyle Turpin, District II Supervisor SECONDER: Jim Allen, District V Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen 3. County Counsel (ID # 1982) CLOSED SESSION: Public Employee Position to be Filled [Government Code Section 54957(B)(1)]-Human Resources Director/Risk Manager This session was held at 11:01 AM. RESULT: HOLD CLOSED SESSION [UNANIMOUS] MOVER: Jim Allen, District V Supervisor SECONDER: Lyle Turpin, District II Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen 11:08 PM Report from Closed Session Chair Bibby reported: Concerning item K.1 regarding Conference with Legal Counsel, number of Board of Supervisors December 4, 2012 cases: 1, a motion was made by Supervisor Turpin, seconded by Supervisor Allen, and carried unanimously to authorize County Counsel to proceed with potential litigation. Information was received and direction was given concerning item K.2, the Health Officer Recruitment. Information was received and direction was given concerning item K.3, the Human Resources Director/Risk Manager position. 11:10 Recessed for Lunch L. 2:00 PM LOCAL AGENCY FORMATION Μ. COMMISSION MEETING (LAFCo) Meeting (See Separate Minutes) 1. Planning (ID # 1972) LOCAL AGENCY FORMATION COMMISSION (LAFCo) N. 2:18 PM Reconvened as Board of Supervisors RES-2012-593 1. Planning Public Hearing to Consider Adoption of a Resolution with Findings, Certifying the Final Supplemental Environmental Impact Report (FSEIR), Approving the Mitigation Monitoring and Reporting Program (MMRP) and Approving the Catheys Valley Community Plan (December 2012 Version), General Plan Amendment No. 2008-063. Staff presentation by Sarah Williams/Planning Director, with Dave Conway/Environmental Health Manager present to answer questions. Ms. Williams presented an overview of the project; a history of the Board's previous reviews; and a review of amendments that have been made in the past. Board Questions: Supervisor Stetson requested clarification regarding General Plan allowances relative to the subdivisions mentioned in her presentation; and the application of amendments to the CVCP in the future. Supervisor Turpin requested clarification regarding the overall density of the CVCP compared to the General Plan. Supervisor Cann requested clarification regarding wastewater treatment; and the limitations to developers relative to community systems. Supervisor Bibby requested clarification regarding the terms "new parcel" and "existing parcel" and when, during the course and lifetime of a parcel, those labels would be applied; and clarification regarding building density percentage; the applicability and potential consequences of ag land swapping; water development and use; responsibility for design and review; and Ag Committee protocols. Sarah Williams responded. Supervisor Cann requested a comparison of the new State requirements to build a septic system compared to previous requirements. Supervisor Turpin requested clarification regarding the rules and regulations relative to subdivisions. Supervisor Stetson sought clarification as to areas in Catheys Valley that might not be acceptable for an engineered system. Supervisor Bibby requested clarification of when parcels become "existing" parcels. Dave Conway Board of Supervisors December 4, 2012 responded. The public portion of the hearing was opened. Input was provided by the following: Sharon Scarborough, with a question regarding water table testing relative to the current subdivision. Dave Conway responded. Chair Bibby instructed that all questions be asked first, so that Staff could answer them all at the same time. Further input provided by: Rick Uebner, who read from a prepared statement in opposition; Debra Salonen, with questions regarding lot subdivision, sewer systems, and increase in the plan size from original; Brad Aborn, spoke in opposition, commented regarding lot size, and posed a question regarding second homes; Steve Fortner, spoke in support, clarified the wastewater system; Fred Friedlund, spoke in opposition; Philomene Schultz, spoke in support; Sergio Fuentes, spoke in opposition, with questions regarding the Advisory Board's role relative to the Board and Planning Commission, effects of livestock/agriculture changes to Ag Exclusive land, and possible legal effects if changes are made to verbage; Debbie Lester, spoke in opposition; Tammy Guenthart requested clarification regarding new vs. existing parcels, and who would pay if a community water system failed; Rick Lobaugh, spoke in support, thanked the Board for the process; Heather Bernikoff, asked that the plan not include community water and sewage; Carol Hart, spoke in opposition; Gordon Bielanski/President of the Homeowner's Association, spoke in support; Mark Harris/Owner, Yosemite Falls Well Drilling, spoke in support; Brett Baumann, spoke in support, question regarding onsite sewage systems, thanked the Board and the Planning Department; Tim Miller/Miller Planning and Design, provided clarification as to criteria used in the CVCP, and consideration when planning parcels; Amanda Neal/Baker, Manock & Jensen Law Offices, representing the Fortners, spoke in support; Bob Stark, spoke in support; Anita Starchman Bryant/Starchman and Bryant Law Office, representing the Fortner Family Trust, spoke in support; Dave Raboy, commented on property values, is against community water and sewage; Don Starchman/Starchman and Bryant Law Offices, spoke in support; Steve Saunders, spoke in support. 4:54 PM Recessed for break 5:11 PM Reconvened Staff responded to public questions and provided further clarification. Staff responded to Board questions. Discussion ensued regarding options other than adopting the plan as presented; and what would constitute a "minor" change. 6:00 PM Recessed for break and to allow Staff time to research questions and confer. 6:16 PM Reconvened Staff responded that the changes discussed were significant and would require revised documents; discussion ensued regarding turn-around time. Supervisor Cann expressed his reservations at attempting to prohibit a community water system, and expressed his support for the plan. No further Board questions. No further information from Staff. No further public questions or comments. The public portion of the hearing was closed. Board of Supervisors December 4, 2012 Deliberation. Supervisor Stetson stated that he is committed to not allowing the process of community planning to fail; Supervisor Bibby clarified that she has never been in favor of limiting development but, rather, having enough space so as not to create run-off problems. Action was taken to adopt the resolution modified as follows, to correct clerical error: Insert text on -6 of the Plan (packet ,) to clarify that the Maximum building intensity for 2.5 acre land areas is 10% lot coverage, as is stated later in the document. RESULT: ADOPTED [4 TO 1] MOVER: Kevin Cann, District IV Supervisor SECONDER: Jim Allen, District V Supervisor AYES: Lee Stetson, Lyle Turpin, Kevin Cann, Jim Allen NAYS: Janet Bibby 2. Planning (ID # 1973) Public Hearing to Consider General Plan/Zoning Amendment No. 2012- 108. the Zoning Amendment Portion of the Application is to Add Timber Exclusive Zone (TEZ) Overlay to the 190.36 Acre Portion of a 230.36 Acre Parcel Currently Zoned Mountain Home. the General Plan Land Use for the Parcel is Agriculture/Working Landscape (A/WL) and the General Plan Amendment Portion of the Application is Required to Add the TEZ Zone to the List of Consistent Zoning Districts in the A/WL Land Use. in Accordance with Mariposa County Code Section 17.44.010.A.2, the Applicant Submitted a Timber Management Plan Which was Review and Approved by the Mariposa County Planning Commission for the Map Amendment. the Plan was Prepared by a Registered Professional Forester and Submitted to Verify that the Proposed TEZ Acreage Has a Minimum of Ten Thousand Board Feet Per Acre or Will Meet the Minimum Timber Stocking Standards of the State Within Five (5) Years. Direct Staff to Prepare a Notice of Exemption for the Project, Approve General Plan/Zoning Amendment No. 2012-108 by Adoption of a Resolution and Waive the First Reading of the Ordinance Approving the Zoning Map Amendment Adding the Timber Exclusive Zone to a 190.36 Acre Portion of a 230.36 Acre Parcel. Glen and Anita Pickren, Project Applicants. the Property Site is Located at 4667 Carstens Road in Midpines Also Known as APNs 009-140-008 & 009-140-009 (One Legal Parcel with Two APNs Split by a Taxation Boundary). Staff presentation by Damon Golubics/Senior Planner, with Sarah Williams present to answer questions. Mr. Golubics presented an overview of the project, and pointed out clerical errors to be corrected. Board Questions: Supervisor Turpin thanked the applicant for the completeness of the application. Supervisor Board of Supervisors December 4, 2012 Allen requested clarification of an email received regarding a potential easement. Mr. Golubics responded. Supervisor Bibby requested clarification as to the benefits of a timber exclusive overlay; a comparison with the requirements of the Williamson Act; and potential timber harvesting. Mr. Golubics and Ms. Williams responded. Supervisor Turpin clarified that this is not AE land, stated that this plan makes good sense; and requested confirmation that timber operations are under the purview of CalFire. Ms. Williams confirmed. Supervisor Bibby questioned whether it was permissible for an individual to apply for a change to countywide policy. Steve Dahlem/County Counsel responded. Supervisor Bibby also requested clarification as to whether this plan had gone before the Ag Committee; and how land swapping policy would apply in this case. Damon Golubics responded to the former; Sarah Williams responded to the latter. No additional questions by the Board. The public portion of the hearing was opened. Glen Pickren/Applicant spoke in favor, explaining that his main motivations for this action are fire safety, and bark beetle control. No other speakers. No additional questions from the Board. The public portion of the hearing was closed. Deliberation One motion was taken for both the Resolution and to Waive the First Reading of the Ordinance (two actions.) Action was taken to adopt the resolution (12-593A), modified to correct the following clerical errors: 1) First page of the Resolution (packet ,) fourth line: changing "...Mountain Home and the amend the ..." to read: "...Mountain Home and to amend the ..."; 2) Second page of the Resolution (packet ,) third line: changing "...split by a taxation boundary together..." to read: "...split by a taxation boundary which together..."; 3) Striking the word "slopes" from the last line of Finding 5, Resolution Exhibit 1 - Findings for Approval ( of the packet,) and again in the last line of Finding 5, Resolution Exhibit B ( of the packet,) to read: "The slopes do not provide..." And Waive the First Reading of the Ordinance Approving the Zoning Map Amendment Adding the Timber Exclusive Zone to a 190.36 Acre Portion of a 230.36 Acre Parcel. Glen and Anita Pickren, Project Applicants. The Property Site is Located at 4667 Carstens Road in Midpines Also Known as APNS 009-140-008 & 009-140-009 (One Legal Parcel with Two APNS Split by a Taxation Boundary.) RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Lee Stetson, District I Supervisor SECONDER: Lyle Turpin, District II Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen Adjournment О. 7:11 PM - The meeting was adjourned in memory of Gary Howell, Ron Silva and Gordon Crisp. Respectfully submitted, Board of Supervisors Mariposa County P.O. Box 784 Mariposa, CA 95338 (209) 966-3222 5100 Bullion Street http://www.mariposacounty.org/ JANET BIBBY, CHAIR DISTRICT III LYLE TURPIN, VICE-CHAIR DISTRICT II DISTRICT I LEE STETSON KEVIN CANN DISTRICT IV JIM ALLEN DISTRICT V MINUTES December 11, 2012 Call to Order and Roll Call Α. 9:05 AM Meeting Called to Order at the Mariposa County Government Center Attendee Name Title Arrived Status Lee Stetson 9:05 AM District I Supervisor Present 9:05 AM Lyle Turpin District II Supervisor Present Janet Bibby 9:05 AM District III Supervisor Present Kevin Cann Present District IV Supervisor 9:05 AM Jim Allen 9:05 AM District V Supervisor Present Pledge of Allegiance В. The Pledge of Allegiance was led by Supervisor Cann and followed by a moment of silence for our men and women in the military, and for their families over the Christmas holidays. Introductions C. Supervisor Turpin introduced Allen Johnson, the new coordinator for the SWIFT project, and presented a brief overview of the program. Chair Bibby commented that CA8, on today's agenda, will make his substitution official. 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. Supervisor Turpin had questions relative to the potential effect on funds by CA3 Board of Supervisors December 11, 2012 and CA11. Supervisor Cann required clarification regarding CA11 and the time of the contract extension, as well as the location of the work to be done. Supervisor Bibby requested clarification as to the timing of the Change Order. Peter Rei/Public Works Director responded. Supervisor Stetson commended Gary Francisco for his service. Rick Benson/County Administrative Officer noted that this week's Agenda did not contain a long standing item to continue the local emergency due to damages to Ben Hur. He explained that notification that the work is done has been received from Public Works, and there is no longer an emergency. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Allen, District V Supervisor SECONDER: Lyle Turpin, District II Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen CA1. Administration RES-2012-595 Resolution Continuing the Local Emergency Due to Landslides on Highway 140 Enroute to Yosemite National Park CA2. Sheriff's Office RES-2012-596 Approve Budget Action Transferring Funds from the Sheriff's Budget to the Vehicle Replacement Fund for the Purchase of a Replacement Sheriff's Patrol Vehicle ($8,978); Approve the Purchase of a Sheriff's Patrol Vehicle 4/5ths Vote Required CA3. Public Works RES-2012-597 Approve Change Order No. One with W. Jaxon Baker Inc. in the Amount of $157,198.55 Bringing Total Compensation to $785,851.00 for the Reconstruction of Mt. Bullion Cut-Off Road; Extend the Contract by 85 Working Days; and Authorize the Public Works Director to Sign the Change Order CA4. Administration RES-2012-598 Approve Budget Action Transferring Funding Within the Board of Supervisors Budget to Fund the Cost of Clerk of the Board Training ($500). CA5. Administration RES-2012-599 Adopt a Resolution and Approve a Property Tax Sharing Agreement with the Mariposa Public Utility District (MPUD) Regarding Mariposa County Local Formation Commission (LAFCo) Annexation Application 2009-141; Authorize the Chairman of the Board of Supervisors to Sign the Agreement. CA6. Administration RES-2012-600 Board of Supervisors December 11, 2012 Authorize the County Administrative Officer to Approve Travel, Meal and Lodging Expenses for Candidates Interviewing for Department Head Positions and Approve Pending Mileage Claim CA7. Human Services/Social Services RES-2012-601 Authorize the Human Services Department to Fill a Vacant Social Worker IV Position in the Social Services Budget Effective Immediately RES-2012-602 CA8. Administration Professional Services Agreement with Allen Johnson Changing the Program Coordinator for the South West Interface (SWIFT) Project from Tom James Effective December 1, 2012; Authorize the Board of Supervisors Chair to Sign the Agreement CA9. Planning (ID # 1980) Accept the Resignation of Pamela Salisbury from the Fish Camp Planning Advisory Council, Recognize Both Pamela Salisbury and Tom McCann for Their Service. (Supervisor Allen) CA10. Planning (ID # 1975) Accept Gary Francisco's Resignation from the Planning Commission, Representing District 1 Effective January 1, 2013. (Supervisor Stetson) CA11. Public Works RES-2012-603 Approve Change Order No. One with W. Jaxon Baker Inc. in the Amount of $60,356.88 Bringing Total Compensation to $417,207.02 for the Overlay Project on East Whitlock Road; Extend the Date of Completion to December 26, 2012; and Authorize the Public Works Director to Sign the Change Order E. Presentations Board of Supervisors (ID # 1967) 1. Approve Letters Recognizing Bryce William Good, Deven Richard Dearing, and William Brandon Collier for Obtaining the Rank of Eagle Scout Supervisor Allen commended the recipients and thanked them for their service to the community. Supervisor Cann also commended and congratulated them, and stated that this accomplishment will serve them well through their lifetimes. Supervisor Turpin offered his congratulations to the recipients, as well as to their parents and grandparents for the energy and support that this achievement required. Supervisor Stetson also commended and congratulated the recipients and stated that their efforts are very much appreciated. Chair Bibby made the presentation to Deven Dearing, the only recipient present. She commended him for his actions, extended her appreciation, read his letter of commendation, presented him with a County pin, and acknowledged his parents. She also read the letters for Bryce William Good, and William Brandon Collier. Board of Supervisors December 11, 2012 RESULT: ADOPTED [UNANIMOUS] MOVER: Lee Stetson, District I Supervisor SECONDER: Kevin Cann, District IV Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen F. Minutes Approval Tuesday, November 20, 2012 1. 2. Tuesday, November 27, 2012 G. Departmental Presentation For Items within the Jurisdiction of the Board and not on Today's Agenda Peter Rei reported on attending a Caltrans meeting in Sacramento regarding the Ferguson Slide. He stated that they are planning to publish in early February, and targeting construction for 2016. Supervisor Stetson, Supervisor Allen and Supervisor Cann commented on the time line for this project. Supervisor Turpin commented that extra materials might be used for the airport. Supervisor Bibby commented on potential causes for delay of construction. Peter Rei responded to each question/concern. Η. Public Presentation For Items within the Jurisdiction of the Board and not on Today's Agenda (Speakers Limited to Five Minutes) None. I. Board Information Supervisor Cann presented to each Board member a tee-shirt with the new design that the Yosemite-Mariposa County Tourism Bureau is using to promote Mariposa County. He reported attending a Board Meeting of the Regional Council of Rural Counties (RCRC) last Wednesday in which the SRA fee was discussed; the number of bills introduced in the state legislature on its first day of the new session; the importance of the RCRC, and its efforts; the result of the State Board of Forestry Meeting relative to the SRA fee; and on a meeting with Matt Cate, the primary author of AB109, regarding the effect of the prison realignment program on counties. He advised that tomorrow he has two meetings: the first regarding the state of Assisted/Graduated Care Facilities in Mariposa County, and the interest this topic is raising; the second with Economic Development Corporation (EDC). He also reported to the Board that he is inviting James Nelson to next week's meeting regarding the efforts to save the Met Cinema in Oakhurst. Supervisor Turpin stated that he is still hearing about SRA fee issues, and Board of Supervisors December 11, 2012 that the State has no respect for those who cannot pay the fee. He pointed out that this is the first year that Cal Fire was not going to station a bulldozer on the Northside, and he felt that it was an example of more fees for less service. He reported passing three loaded logging trucks, and several truckloads of chips on his way to this morning's meeting which is indicative of the industry underway, and the jobs that creates. He invited everyone to attend Christmas in Coulterville this Saturday and, afterwards, to the dinner at the Community Club. Supervisor Allen reported that, due to John Carrier's efforts in Sacramento, he received a call from a Cal Fire representative who corrected one SRA fee problem. He then reported on someone receiving a $0 bill after their SRA Petition was rejected. He advised that he had a meeting last Wednesday with County Counsel, Planning and Building regarding an issue stemming back to 2008; that it has still not been resolved; and a subsequent call was made to the property owner. He reported attending an Area 12 Agency on Aging meeting last week in Sonora; that the agency is doing very well; and that they are doing an outstanding job for senior citizens. He also reported on his exit interview with Terry Selk, the Executive Director of the Yosemite/Mariposa County Tourism Bureau. He advised that he will be attending a Mountain Valley EMS Agency and Regional Advisory Board in Copperopolis tomorrow and that he was not sure he would make the 1:30 Courthouse meeting on the same day. He will be attending a Fire Station meeting Thursday morning where the topic will be the water supply to the Fish Camp Fire Station. Supervisor Stetson reported that he attended a Sierra Nevada Conservancy meeting in Marysville last Wednesday and Thursday; a presentation by Izzy Martin regarding abandoned mines in California, and remaining mine pollution; and a presentation regarding biomass reduction facilities, which he feels the County should investigate. He advised that he met with Supervisor Bibby and Dr. Mosher yesterday; that he has a meeting tomorrow with some Midpines citizens; will be attending the meeting tomorrow regarding graduated care in Mariposa; an Airport Advisory Committee meeting; Thursday he will be in Wawona and, at some point in the future, intends to hold a meeting regarding Yosemite West. He further advised that he will be meeting on Friday with some people regarding Bear Creek; and will be participating in the interview process for the Human Resource/Risk Manager position on Monday. Supervisor Bibby commented on the effects of AB109 and the need for people to express their views concerning it to their elected representatives in Sacramento. She also reported that she is trying to coordinate dates with CalTrans for them to make a presentation at a future Board meeting regarding the Ferguson Slide. She reported attending a Foreign Trade Zone Meeting in which the SRA fee and AB 109 were discussed; and stressed that people need to not skirt the system as it causes a greater strain on those who do pay their fees and follow rules. She reported having a meeting with the Health Committee Board of Supervisors December 11, 2012 yesterday and that First 5 is looking at a limited amount of money to fund health nurses and dental programs to outlying schools. She commented that the Board needed to look at shifting funds in order to guarantee continued delivery of these services to outreach preschools. She commended the Ag Office in reference to the Pesticide Audit and brought up issues affecting cottage industries; and noted that Ag, Health, Planning, Building and Fire Departments might need to be involved in the future with such industries. Regular Agenda Items J. Human Services (ID # 1922) 1. Central California Alliance for Health - Managed Care Presentation by Alan McKay, Executive Director Jim Rydingsword/Human Services Director provided background information on Medi-Cal managed care programs. He then introduced Allen McKay who provided a power point presentation regarding the Central California Alliance for Health. Supervisor Allen questioned whether the Alliance would be referring patients to Merced, Madera and/or Fresno. Mr. McKay responded in the affirmative. Supervisor Stetson clarified that individuals would be able to deal with medical establishments outside of the Alliance. Mr. McKay responded that occasionally they would contract outside, but usually they would seek to bring that provider into the Alliance. Supervisor Turpin asked if the Alliance would have a contract with the providers in Tuolumne County; and what measures were in place to prevent financial burden to providers. Mr. McKay responded that the Alliance can offer contracts, but stressed that the provider needs to accept, as well. Supervisor Cann asked Mr. Rydingsword for clarification on the process and timeline. Mr. Rydingsword responded. Supervisor Stetson asked what would be the advantage to Mariposa County of joining the Alliance. Mr. McKay responded alignment with State policy in Medi-Cal expansion; and consolidation in legislative relations. Chairman Bibby requested clarification of when the Alliance might go outside of the contracted physicians; the firmness of the State's "go live" date; and whether the other 26 counties of the Alliance have to sign off on it. Mr. McKay and Mr. Rydingsword responded. No Public Comments. No Additional Board Questions 2. Personnel/Risk Management RES-2012-604 Resolution Establishing Health Insurance Contributions for Current Retirees to be Effective February 1, 2013 Staff presentation by Rick Benson. He gave a brief overview of the Board's previous actions and directions in this matter; noted that a Resolution is required by PERS; and that, according to PERS rules, the changes will take effect the month after the month it is passed, making the effective date Board of Supervisors December 11, 2012 February 1, 2013. Supervisor Allen requested clarification that this would only apply to those who retire and take the County, rather than the State, option. Supervisor Bibby requested clarification of what happens if the premium is less than the "not to exceed" amount. Rick Benson responded. There was no Public Comment. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Allen, District V Supervisor SECONDER: Lyle Turpin, District II Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen 3. Administration (ID # 1985) Approve Second Amendment to Contract for Services with the Mariposa Public Utilities District (MPUD) for Consultation Services Regarding the Merced Irrigation District (MID) Federal Energy Regulatory Commission (FERC) Re-Licensing and Related Water Issues by Extending the Term of the Agreement to December 31, 2013, and the Not to Exceed Amount to $50,000; Authorize the Chairman of the Mariposa County Water Agency to Sign the Amendment This item was withdrawn by Rick Benson. WITHDRAWN RESULT: K. Items removed from Consent Agenda None. Closed Session L. Administration (ID # 2011) 1. CLOSED SESSION: Public Employee Employment Title or Position to be Filled: (Government Code Section 54957 (B) (1); Health Officer This session was held at 11:02 AM. RESULT: HOLD CLOSED SESSION [UNANIMOUS] MOVER: Lee Stetson, District I Supervisor SECONDER: Jim Allen, District V Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen 11:34 AM - Report Out Chair Bibby reported that information was received and direction was given as to the Health Officer recruitment. Μ. 11:35 AM Lunch Board of Supervisors December 11, 2012 N. 2:06 PM Reconvened 1. Board of Supervisors RES-2012-594 Resolution and Tile Plaque Recognizing Margie Williams, Upon Her Retirement as Clerk of the Board (Chair Bibby) Board members, CAO and Steve Dahlem/County Counsel thanked and commended Margie Williams for her years of dedicated service to the County. Input from the public was provided by the following: Doug Balmain/former District II Supervisor commended Margie on her professionalism and efficiency. Wayne Forsythe, High School Agriculture Instructor and F.F.A. Advisor commented on the support and involvement of Margie and her husband, Tom, with Future Farmers of America. Doug Binnewies/Sheriff commended Margie for her service. Brad Aborn/former District I Supervisor commented on Margie's knowledge and commended her for her service. Florence Seeley commented on time spent working with Margie 24 years ago. Art Baggett/former District I Supervisor recalled times working together. Russell Marks/County Surveyor thanked Margie for her support of the youth, and commended her on her research abilities. Bob Pickard/former District V Supervisor recounted meeting Margie and commended her on her extensive knowledge. An audience member wished Margie "happy trails." Leroy Radanovich/former District IV Supervisor recounted the story of Margie's hiring, and commended her on her excellent memory. Eric Erickson/former District III Supervisor commended Margie on her memory. Sally Punte/former District II Supervisor expressed her thanks for all Margie has done. Rick Benson presented, from office staff, a special gift of a bench made by F.F.A. members. Chair Bibby presented to Margie the Board's resolution and tile plaque; read the Congressional Record sent from Congressman Jeff Denham's office; read California Assembly Legislative Assembly Resolution #37 sent from Assemblymember Kristen Olsen's office; and presented the resolution from the California Clerks of the Board of Supervisors Association (CCBSA.) Margie expressed her enjoyment in working with the staff, elected and Board of Supervisors December 11, 2012 appointed department heads, the CAOs, the County Counsels, and the Board. She introduced her mother-in-law and her husband: Kathryn and Jack Knieriemen; her daughter, Michelle; and her husband, Tom. Marvin Wells presented gifts to Margie from his grandchildren. RESULT: ADOPTED [UNANIMOUS] MOVER: Lyle Turpin, District II Supervisor SECONDER: Lee Stetson, District I Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen Ο. Continue Meeting to December 17, 2012 at 2:00 PM 1. County Counsel (ID # 2013) Continue the December 11, 2012 Meeting to December 17, 2012 at 2:00 PM for Closed Session for Human Resources Director/Risk Manager Interview/S Meeting continued to December 17, 2012 at 2:00 PM. 3:04 PM Recess Ρ. The Board recessed at 3:05 PM in memory of Rex Glen Fleming, Jr., and Mary D. Lewis; and the meeting was continued to December 17, 2012, at 2:00 PM. Respectfully submitted, RENE' LA ROCHE Clerk of the Board JANET BIBBY Chair, Board of Supervisors OF Mariposa County m₩ P.O. Box 784 Mariposa, CA 95338 (209) 966-3222 5100 Bullion Street http://www.mariposacounty.org/ JANET BIBBY, CHAIR DISTRICT III LYLE TURPIN, VICE-CHAIR DISTRICT II LEE STETSON DISTRICT I KEVIN CANN DISTRICT IV JIM ALLEN DISTRICT V MINUTES December 17, 2012 Call to Order and Roll Call at 2:00 PM Α. 2:00 PM Meeting Called to Order at the Mariposa County Government Center Attendee Name Title Status Arrived Lee Stetson 2:00 PM District I Supervisor Present Lyle Turpin District II Supervisor Present 2:00 PM Janet Bibby District III Supervisor Present 2:00 PM Kevin Cann District IV Supervisor Present 2:00 PM Jim Allen District V Supervisor Present 2:00 PM В. Meeting Continued from December 11, 2012 Continued Closed Session C. County Counsel 1. (ID # 2008) CLOSED SESSION: Public Employee Position to be Filled [Government Code Section 54957(B)(1)]-Human Resources Director/Risk Manager RESULT: HOLD CLOSED SESSION [UNANIMOUS] MOVER: Jim Allen, District V Supervisor SECONDER: Kevin Cann, District IV Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen 5:18 PM Report Out Chair Bibby reported that information was received and direction was given as to the Human Resources Director/Risk Manager Position. Adjournment D. Board of Supervisors December 17, 2012 OF Mariposa County P.O. Box 784 Mariposa, CA 95338 (209) 966-3222 5100 Bullion Street http://www.mariposacounty.org/ JANET BIBBY, CHAIR DISTRICT III LYLE TURPIN, VICE-CHAIR DISTRICT II LEE STETSON DISTRICT I KEVIN CANN DISTRICT IV JIM ALLEN DISTRICT V MINUTES December 18, 2012 Call to Order and Roll Call Α. 9:01 AM Meeting Called to Order at the Mariposa County Government Center Attendee Name Title Status Arrived Lee Stetson 9:01 AM District I Supervisor Present Lyle Turpin District II Supervisor Present 9:01 AM Janet Bibby District III Supervisor Present 9:01 AM Kevin Cann District IV Supervisor Present 9:01 AM Jim Allen District V Supervisor Present 9:01 AM В. Pledge of Allegiance The Pledge of Allegiance was led by Supervisor Turpin, followed by a moment of silence for those lost, and for their families, in Newtown, Connecticut. 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. Chair Bibby noted that items CA2 and CA9 require a 4/5th vote. No public comment on any item. Board of Supervisors December 18, 2012 RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Allen, District V Supervisor SECONDER: Lyle Turpin, District II Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen CA1. Administration RES-2012-609 Resolution Continuing the Local Emergency Due to Landslides on Highway 140 Enroute to Yosemite National Park RES- CA2. Human Services/Behavioral Health & Recovery Services 2012-610 Approve the First Amendment to the Crestwood Behavior Health, Inc. Agreement to Provide Psychiatric Inpatient Services for Mariposa County Behavioral Health Increasing the Not to Exceed Amount by $13,000, and Authorize the Board of Supervisors Chair to Sign the Amendment; Approve Budget Action Transferring Additional Funding from the Mental Health Realignment Fund to the Behavioral Health Budget to Cover the Increased Amount of the Agreement ($13,000) 4/5ths Vote Required CA3. Community Services RES-2012-611 Approve an Overfill of the 70% Permanent Part-Time (PPT) Kitchen Assistant Position in the Senior Nutrition Budget Effective December 18, 2012 CA4. Probation RES-2012-612 Adopt a Resolution to Participate in the Anti-Drug Abuse Enforcement Team Grant Program, Also Known as the Mariposa County Drug Task Force Team, Effective October 1, 2012 to September 30, 2013, and Authorizing the Chief Probation Officer to Sign the Grant Agreement with Board of State and Community Corrections (BSCC), Including Any Amendments, Modifications or Extensions, Subject to Approval as to Form by County Counsel; Accept the Grant Award in the Amount of $87,539 CA5. Probation RES-2012-613 Authorize the Probation Department to Overfill a Senior Office Assistant Position Effective December 18, 2012 CA6. Human Services/Social Services RES-2012-614 Authorize the Human Services Department to Fill a Social Worker IV Position in the Social Services Budget Effective January 15, 2013 CA7. Administration RES-2012-615 Approve a 12-Month Memorandum of Understanding (MOU) with the California United Homecare Workers (CUHW) Union and the Mariposa County In-Home Supportive Services (IHSS) Public Authority (PA) and Authorize the Board of Supervisors Chair to Sign the MOU Board of Supervisors December 18, 2012 CA8. Human Services/Behavioral Health & Recovery Services RES- 2012-616 Approve Amendment A01 to the Existing Agreement (11-73023-000) with the State Department of Health Care Services Authorizing Mariposa County Behavioral Health to Provide Specialty Mental Health Services, and Authorize the Board of Supervisors Chair to Sign the Amendment CA9. Human Services/Behavioral Health & Recovery Services RES- 2012-617 Approve an Agreement with the California State University Fresno Foundation through Its Social Welfare Evaluation Research and Training Center (SWERT) to Assist with the Development of the Mental Health Services Act (MHSA) Innovation Program in an Amount Not to Exceed of $42,000, and Authorize the Board of Supervisors Chair to Sign the Agreement, and Approve Budget Action Reducing the Contingency in the MHSA Fund to Fund the Agreement ($32,000) 4/5ths Vote Required CA10. Public Works RES-2012-618 Approve Change Order No. Two with W. Jaxon Baker Inc. in the Amount of $80,913.25 Bringing Total Compensation to $866,764.25 for the Reconstruction of Mt. Bullion Cut-Off Road; and Authorize the Public Works Director to Sign the Change Order CA11. Public Works RES-2012-619 Approve Change Order No. One with Ranch Fence, Inc. Increasing the Not to Exceed Amount by $950, Bringing the Total Compensation to $3,918 to Provide Fence Attachment (Chain Link) for the Don Pedro Fire Station; and Authorize the Public Works Director to Sign the Change Order E. Presentations 1. Board of Supervisors RES-2012-605 Adopt a Resolution Recognizing Jan Hamilton for Promoting Fire Prevention Awareness and Garnering Support in Starting the Mariposa County Fire Safe Council in 1998 (Supervisor Turpin) Supervisor Turpin commended Jan Hamilton for her efforts, work, and leadership. Supervisor Allen commended her for the great amount of time she expended on the Fire Safe Council. Supervisor Stetson also commended her and thanked her for her many years of service to Mariposa County. Public Comment: None. Chair Bibby presented the Resolution to Jan who expressed her thanks to the Board, and for all of the help she received from others. Board of Supervisors December 18, 2012 RESULT: ADOPTED [UNANIMOUS] MOVER: Lyle Turpin, District II Supervisor SECONDER: Kevin Cann, District IV Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen 2. Board of Supervisors RES-2012-606 Adopt a Resolution Recognizing Bud Puckett for His Contributions in Keeping Western Traditions Alive in Mariposa Supervisor Allen commended Bud Puckett on his unwavering dedication to the community, and to Bud's wife; as well as his artistic abilities. Public Comment: Becky Crafts thanked the Board for acknowledging Mr. Puckett. Amy Gibson commented that she was representing the 4H Council and her grandfather, and thanked Mr. Puckett on behalf of 4H and FFA. Chair Bibby presented the Resolution to Bud who expressed his thanks. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Allen, District V Supervisor SECONDER: Lyle Turpin, District II Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen 9:24 AM Board Recessed 9:39 AM Board Reconvened F. Minutes Approval Tuesday, December 04, 2012 1. 2. Tuesday, December 11, 2012 G. Departmental Presentation For Items within the Jurisdiction of the Board and not on Today's Agenda Doug Binnewies/Mariposa County Sheriff thanked Supervisors Allen and Turpin for their service, and reported on the Kops for Kids toy distribution taking place tomorrow at 10 AM at the Mariposa County Fairgrounds, in conjunction with the coats program. Sheriff Binnewies commended Will and Megan Atkinson, the coordinators for the project; reported the number of families served last year; and stated that toy donations will be accepted until 10 AM tomorrow. Supervisors Cann and Allen commended Will and Megan for their efforts. Supervisor Bibby extended thanks to the entire Sheriff's Department and all who contribute. Peter Rei/Public Works Director reported on the landfill being closed yesterday for the holiday. Pete Judy/Probation Officer thanked Supervisors Allen and Turpin for their service; reported on a gift tree at the Prospector Brewing Company which will be providing Christmas gifts for local foster children; and thanked all of the Board of Supervisors December 18, 2012 businesses for their support. H. Public Presentation For Items within the Jurisdiction of the Board and not on Today's Agenda (Speakers Limited to Five Minutes) Supervisor Cann introduced James Nelson who spoke on the efforts to save the Met Cinema. Mr. Nelson commented on the warm atmosphere of the Board meeting; gave a brief overview of the effort; stated they are about 2/3 of the way towards what they need; gave an overview of the various support/donation plans offered through their website at: www.savethemet.com; and advised of events planned for the future. Supervisor Cann asked about the outdated equipment. Supervisor Stetson asked for clarification of the effect on non-members; and about film distributors. Supervisor Bibby asked about the funds being collected should the project fail. Mr. Nelson responded to all questions. Kathy McCorry/Executive Director of the Mariposa County Chamber of Commerce reported on the November statistics for the county visitor centers; on a Chamber Planning meeting last week; and that they have officially taken over the responsibilities for the Butterfly Festival. She further advised of another Planning meeting on Jan. 15th; of the January 26, 2013 Installation Dinner and Awards Banquet; and advised that the trolley will be running every weekend through New Year's Day, then will be refurbished. She wished everyone a Merry Christmas. Marvin Wells extended his best wishes to Supervisors Allen and Turpin; commented on AB29 and his experiences in trying to appeal the SRA fees; and presented special treats made by his grandchildren to the Board members. Chair Bibby extended the Board's thanks. I. Board Information Supervisor Turpin reported on the interview yesterday for the Human Resources Director/Risk Manager; attending Station 26 Christmas dinner last night; and phone calls received regarding the SRA fee as it pertains to vacation homes, Don Pedro and a septic system, and driveway encroachments. He advised that he will be meeting tomorrow with Maggie Dowd, U.S. Forest Service District Ranger, and Public Works and wished everyone a prosperous New Year, and expressed his trust in the new Board. Supervisor Allen reported on a Mountain Valley E.M.S. meeting in Copperopolis last Wednesday; and on his participation in the Human Resources Director/Risk Manager interviews yesterday. He commented on Supervisor Stetson's laptop; wished the Board the best in the future; and wished everyone a Merry Christmas and safe and prosperous New Year. Supervisor Stetson reported on yesterday's Human Resources Director/Risk Manager interview. He advised that he will be attending a meeting with Supervisor Cann, and others, on Wednesday regarding the Assisted Care/Graduated Care Facility issue; an Airport Advisory Board meeting on Wednesday evening; a Yosemite West meeting on Thursday; and a Bear Creek Trail Committee meeting on Friday. Supervisor Cann reported on an Economic Development Corporation meeting last Wednesday, and advised that they will have another meeting tomorrow at 2 PM here at the Government Center and all are welcome to attend. He reported on last week's meeting regarding the Assisted Care/Graduated Board of Supervisors December 18, 2012 Care Facility; and noted that the next meeting will be on January 30, 2013 when they will have four separate presentations on facilities. He thanked Jim Rydingsword/Human Services Director for contacting the CEO of the National Agencies on Aging in Washington, DC who seems to be the expert on the subject. He reported on a meeting yesterday with Human Services/Mountain Crisis Services regarding the Poverty Reduction Program, and meeting with the Chief Probation Officer yesterday to tour the Probation facilities. He advised of a Regional Council of Rural Counties telephone conference tomorrow regarding the SRA fee issue; tomorrow's semi-annual review meeting of the Mariposa Parking District; and gave an overview of the parking district structure. He noted that he will need the CAO and Public Works Director to report on the last grant received from the CDBG; and expressed his thanks to Supervisors Allen and Turpin. Supervisor Bibby reported that she has also been receiving phone calls regarding the CDBG. Pete Rei responded. Mr. Rei advised that he will get back to the Board when he receives a firm answer from the State. Supervisor Cann commented on the CDBG program. Supervisor Bibby conveyed wishes of healing and support from Mariposa to Newtown, Connecticut. She wished Happy Holidays and a Happy New Year to all and, especially, to all County staff for their service and dedication. She reminded the community of the Just in Case Program, and urged citizens to contact any County Department if they suspect someone is in need, and assured that the situation will get routed to the appropriate agency. She reminded everyone to get a flu shot. She reported participating in yesterday's Human Resources Director/Risk Manager interviews, and noted that the next Board meeting will not be until January 8, 2013, and that the first item of the day will be the Swearing-In Ceremony. She expressed thanks to all personnel, Board members, and State agencies for their support of her as the Board Chair. J. 10:28 AM Board convened as WATER AGENCY (Chair - Commissioner Kevin Cann, Vice-Chair - Lyle Turpin) Public Presentation: For Items within the Jurisdiction of the Water Agency and not on Today's Agenda (Speakers Limited to Five Minutes) WA-2012-2 1. Administration Approve Second Amendment to Contract for Services with the Mariposa Public Utilities District (MPUD) for Consultation Services Regarding the Merced Irrigation District (MID) Federal Energy Regulatory Commission (FERC) Re-Licensing and Related Water Issues by Extending the Term of the Agreement to December 31, 2013, and the Not to Exceed Amount to $50,000; Authorize the Chairman of the Mariposa County Water Agency to Sign the Amendment Rick Benson/County Administrative Officer presented a brief history and overview. Commissioner Cann requested clarification as to the fee. Commissioner Bibby asked if both CAO and County Counsel are reviewing invoices. Commissioner Turpin asked for clarification regarding the amounts paid in the past, and what is being requested with this item. Commissioner Cann requested clarification regarding same; feels that we've received excellent consultation services; and pointed out that this amendment expires next year. Board of Supervisors December 18, 2012 Rick Benson responded to all questions. Commissioner Bibby advised that she felt this is going to be a long and expensive process; commended Mark Rowney for the services provided. Commissioner Turpin stated he has no problem with the services provided, but has a little concern with setting that high a cap, and would like to reduce it by $10,000. No public comment. Action was taken to adopt the item, amended to decrease the "not to exceed" amount from $50,000 to $40,000 RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Lyle Turpin, District II Supervisor SECONDER: Lee Stetson, District I Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen 10:38 AM Reconvened as BOARD OF SUPERVISORS K. L. Regular Agenda Items Planning ORD-2012-1094 1. Waive the Second Reading and Adopt an Ordinance Approving the Zoning Map Amendment Adding the Timber Exclusive Zone to a 190.36 Acre Portion of a 230.36 Acre Parcel. Glen and Anita Pickren, Project Applicants. the Property Site is Located at 4667 Carstens Road in Midpines Also Known as APNs 009-140-008 & 009-140-009 (One Legal Parcel with Two APNs Split by a Taxation Boundary) Staff presentation by Damon Golubics/Senior Planner, with Sarah Williams/Planning Director in attendance. No Board questions. No public comments. Discussion. Supervisor Cann thanked Staff and the Applicant, noting his appreciation of the Applicant's testimony at the last hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Lyle Turpin, District II Supervisor SECONDER: Jim Allen, District V Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen 2. Health RES-2012-620 PUBLIC HEARING to Consider Adjustments to the Fee Structures and Service Charges of the Public Health Department 10:43 AM Board recessed to allow Staff to set up their presentation. 10:52 AM Board reconvened. Staff presentation by Dr. Charles B. Mosher/Health Officer, with Dave Conway/Environmental Health Manager in attendance. Questions/Comments by Board: Supervisor Stetson stated that he is satisfied that fees should be adjusted. Supervisor Turpin requested clarification regarding underground storage tanks; and old wells and the permitting process. Dave Conway responded. Dr. Mosher Board of Supervisors December 18, 2012 elaborated that wells are public health issues. Supervisor Cann feels the fees are logical. Supervisor Bibby noted that late fees will increase a fee. Chair Bibby asked Staff if they had received any written communications regarding this item. Staff indicated that they had not. Public Portion Opened. No Comments. No questions or clarifications required by Board. Public Portion Closed. Deliberation. RESULT: ADOPTED [UNANIMOUS] MOVER: Lee Stetson, District I Supervisor SECONDER: Kevin Cann, District IV Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen 3. Personnel/Risk Management RES-2012-621 Authorize the Appointment of an 80% Permanent Part-Time County Health Officer Effective December 15, 2012, and Set the Permanent Part- Time Annual Salary at $150,000 and the Full-Time Annual Salary at $187,000 Staff presentation and overview by Rick Benson. Chair Bibby advised that the amount of this item is shown on the agenda as $187,000, but it is actually $187,500. She noted that there was no budget action form on this item, and asked how that was going to be handled. Rick Benson responded. No public comment. Board Comment: Thanks for Dr. Mosher's return were expressed by each Supervisor. Supervisor Cann commended Dr. Mosher for staying in the position, and for his commitment to the people of Mariposa County. He also commented on recruitment difficulties, and salary issues. Supervisor Bibby elaborated on recruitment problems/issues. Supervisor Stetson commended Dr. Mosher for his service, and for his work during the recruiting/negotiating process. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Allen, District V Supervisor SECONDER: Lyle Turpin, District II Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen 4. County Counsel RES-2012-622 Reappoint County Counsel to a Four-Year Term Commencing January 1, 2013, and Adjust County Counsel's Salary to $136,154 Effective January 1, 2013. Chair Bibby clarified that the length of County Counsel's term is designated by statute. Staff presentation by Steve Dahlem/County Counsel. He clarified that this is two items: re-appointment, and a requested salary increase. He also clarified revenue and expenses generated by his office which he feels will absorb the salary increase. Board of Supervisors December 18, 2012 Supervisor Bibby noted that care needs to be taken to not double-count the revenue at mid-year. Public Comment: Merlin Jones/District II Supervisor-elect stated that he does feel that we're underpaying some of the department heads, but feels that if we start addressing the inequities it will cause budgetary problems next year as there are no new funding sources available. He stated that he supports County Counsel's request because he has shown a source for funding. Supervisor Allen commended County Counsel for his work; for his work ethic and the time he puts in on the job; and stated his support for the increase. Supervisor Stetson commented on Merlin Jones inequity statement; and on County Counsel's extra hours during the evenings and weekends. CAO supports the appointment and commended County Counsel for his work, but asked the Board to not address salary adjustment relative to a single department head; that the matter was better addressed in the future; thought that the salary is unprecedented for Mariposa County; and commented on the effect on the County budget if applied among all department heads. He suggested that the Board direct him to do an evaluation of all department heads and salaries; recommends against the salary increase at this time. Supervisor Bibby stated she felt uncomfortable taking this action with a new Board coming in; commended County Counsel for identifying a revenue source for the increase, and repeated her concern that the revenue not be double-counted in the future. She expounded on County Counsel's job responsibilities; stressed caution with this issue. Supervisor Cann commented on the poor results in recruiting that the Board has recently experienced because of lower salaries; the impact on department head recruitments in the past; that he feels that the money has been well-spent; feels County Counsel has done an exceptional job; and supports it only if the three remaining board members commit to follow through and address all of the other department heads, as he feels we are below comparable counties. Supervisor Turpin stated that he supports reappointment, but is cautious about the salary adjustment; and supports the CAO's recommendation. Supervisor Bibby clarified that this cannot be undone, as it is a four year term. She pointed out the liability exposure that County Counsel saves the County. No further discussion/comments. Supervisor Turpin requested that the motion be split. The Motion maker, and Second refused; the Motion stood as made. RESULT: ADOPTED [4 TO 1] MOVER: Jim Allen, District V Supervisor SECONDER: Lee Stetson, District I Supervisor AYES: Lee Stetson, Janet Bibby, Kevin Cann, Jim Allen NAYS: Lyle Turpin Items removed from Consent Agenda Μ. None. Board of Supervisors December 18, 2012 N. 11:42 AM Recess for Lunch 2:03 PM Reconvene Ο. 1. Board of Supervisors RES-2012-607 Presentation of Tile Plaque and Resolution to Supervisor Lyle Turpin for Eight Years of Outstanding Service to Mariposa County Supervisor Allen commended Supervisor Turpin for his representation of the Northside of the County, and wished him well. Supervisor Stetson commended him and thanked him for his service; Supervisor Cann expressed his admiration for his representation, and his observations; Rick Benson commented on his character; Steve Dahlem commented on him as an inspiration; noted that he was especially proud of the completion of a particular project in Coulterville; and wished Lyle and his wife, Suzanne, a healthy and happy retirement. Public Comments A member of the public commented on Lyle's integrity. Lester Bridges/Past President of the Mariposa County Chamber of Commerce commended Lyle on his personal integrity which served him well in his role as a supervisor; and thanked him for what he has done for the County. Debbie Cook/Honorary Mayor of Coulterville retold a story about attending a ceremony for Station 26; stated that he has been an inspiration; and thanked him for being there. Merlin Jones commented on having to fill Lyle's shoes; recounted meeting Lyle upon first moving to the area; and being taught patience by Lyle. Doug Balmain/former District II Supervisor thanked Lyle for his service. Les Marsden commended Lyle Turpin and thanked him for his service. Kim Fletcher/Deputy District Attorney congratulated Lyle and Suzanne for his service. Chair Bibby read the Board's resolution; presented the tile plaque; and presented the Congressional Record from Congressman Jeff Denham's office. Assemblymember Kristin Olsen presented an Assembly Resolution on behalf of herself, and Senator Tom Berryhill. Supervisor Turpin thanked everyone for their kind words; introduced his wife, Suzanne; son, Scott; and son, Jason, and his wife, Carrie. He recounted moving to Coulterville, as well as a story about Suzanne. He thanked past and future Boards; stated he feels that the County is in good hands; thanked Kristen Olsen; thanked all who serve our County. RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Cann, District IV Supervisor SECONDER: Jim Allen, District V Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen RES-2012-608 2. Board of Supervisors Presentation of Tile Plaque and Resolution to Supervisor Jim Allen for Four Years of Outstanding Service to Mariposa County Supervisor Stetson expressed his deep respect and commended Supervisor Allen for his service. Supervisor Cann commented on Jim's deep knowledge of issues; commended him for his devotion to the County; and his ethics and his commitment to the staff and residents of the County. Supervisor Turpin expressed his appreciation of all of Jim's support for the North County first as a Board of Supervisors December 18, 2012 Sheriff, and now as a Supervisor; and the history that he has brought to the Board. Rick Benson commented on Jim's work ethic and devotion to the job and the County. County Counsel commented on his 40 year relationship with Jim; noted that he is a true Mariposa Grizzly; a committed public servant; an excellent family man; and wished him a happy and healthy retirement. Public Comments: Doug Binnewies recognized Jim and his wife, Lee Ann; as well as Lyle and his wife, Suzanne, for their commitments to the County. Pete Judy shared a story regarding his children and logging trucks, and commented that Jim is the poster child for Mariposa; and commends him for his dedication. Lester Bridges recounted his history with Jim; expressed appreciation for integrity and honesty; commended him on his many years of service; and offered him a volunteer position with the Chamber. A member of the public commended Jim for his service and work and visibility to the North County. Dr. Mosher expressed appreciation for both Supervisors; both were good at coming up with questions that he couldn't anticipate; commended them both for their efforts. Debbie Cook/Honorary Mayor of Coulterville thanked him for his support. Les Marsden commented that he has been honored to have been asked to serve as the District V Planning Commissioner; commended Jim on his integrity, and for the job well done. Kim Fletcher recounted first meeting Jim; her respect for his service, and thanked him for same. Merlin Jones commended Jim for his service and presence in District II; and commented on how Jim checks in with all of the departments once of twice a week. Chair Bibby recounted her long acquaintance with Supervisor Allen; as well as his and his family's service to the community. She read the Board's resolution; presented the tile plaque; presented the Congressional Record from Congressman Jeff Denham's office. Assemblymember Kristin Olsen recounted first meeting Jim; then presented an Assembly Resolution and Proclamation on behalf of herself, and Senator Tom Berryhill. She noted that Jim "bleeds Mariposa." Supervisor Allen thanked everyone; introduced his daughter, Kristina; wife, Lee Ann; mother and step-father, Poo and George; mother-in-law, Mary Paige; and friends, Betty and Bud. He thanked Les Marsden for his service as Planning Commissioner; thanked and commended the staff of the County. RESULT: ADOPTED [UNANIMOUS] MOVER: Lyle Turpin, District II Supervisor SECONDER: Lee Stetson, District I Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen Ρ. Adjournment 3:13 PM Meeting adjourned in memory of Dennis L. Standlee, Chuck Schiff, Kevin Robinson, and David Stetson. Board of Supervisors December 18, 2012
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  Approve a Side Letter of Agreement with the Deputy Sheriffs' Association to Extend the Current Memorandum of Understanding Until September 30, 2013, and Authorize the Board of Supervisors Chair to Sign the Side Letter of Agreement Chair Bibby excused herself from the meeting at 12:14 p.m. for items 5 & 6 as she has a family member in Sheriff Management. Board of Supervisors November 13, 2012 Rick Benson advised that items 5 and 6 go together and gave a brief history of the matters. He also advised that there were a couple of typos that would need to be addressed; and he further expressed his appreciation of the cooperation and teamwork with both bargaining units in this matter. RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Cann, District IV Supervisor SECONDER: Lee Stetson, District I Supervisor AYES: Lee Stetson, Lyle Turpin, Kevin Cann, Jim Allen EXCUSED: Janet Bibby
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  Personnel/Risk Management RES-2012-554 Approve a Side Letter of Agreement with the Sheriffs' Management Association to Extend the Current Memorandum of Understanding Until September 30, 2013, and Authorize the Board of Supervisors Chair to Sign the Side Letter of Agreement RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Allen, District V Supervisor SECONDER: Lee Stetson, District I Supervisor AYES: Lee Stetson, Lyle Turpin, Kevin Cann, Jim Allen EXCUSED: Janet Bibby Ο. Items removed from Consent Agenda Public Works RES-2012-555 Α. Approve the First Amendment with Technicon Engineering Services to Provide Material Testing Services for East Whitlock Road, Increase the Compensation in the Amount of $4,945.75, Bringing Total Compensation to $14,813.75; Extend the Term of the Agreement to October 30, 2012; and Authorize the Public Works Director to Sign the Amendment Chair Bibby resumed as Chair at 12:21 p.m. Supervisor Bibby asked about extending the amendment date to December 1, 2012, since the approval date would be November 13, 2012. Peter Rei was in concurrence. This item was approved with the modification to extend the term of the agreement to Dec. 12, 2012, as well as the additional compensation approval. ADOPTED [UNANIMOUS] RESULT: Jim Allen, District V Supervisor MOVER: SECONDER: Lyle Turpin, District II Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen Administration RES-2012-556 В. Board of Supervisors November 13, 2012 Approve an Agreement with the Economic Development Corporation of Mariposa to Secure Consulting Services to be Provided by the Townsend Group, and Authorize the Board of Supervisors Chair to Sign the Agreement Supervisor Cann initiated discussion relative to the EDC Townsend contract, Mariposa County Arts Council agreement, and the Yosemite/Mariposa County Tourism Bureau contract and the timeframes for processing these contracts so that the entities receive timely payment for their services. Supervisor Bibby expressed concern with the provision in the EDC Townsend contract that allows for reimbursement of entertainment expenses to third party vendors; and she stated she would like to see the EDC provide periodic reports as to the travel and meal expenses that are reimbursed. Discussion ensued including advice from County Counsel. Action was taken to approve the contract with the EDC with a modification to reflect that no Mariposa County funds should go for entertainment, and that the EDC will provide an accounting of any travel or meal reimbursements. RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Kevin Cann, District IV Supervisor SECONDER: Jim Allen, District V Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen C. Administration RES-2012-557 Approve an Agreement with the Mariposa County Arts Council for Performing Arts, Visual Arts, and Arts Resources and Education Services in the Amount of $51,000, and Authorize the Board of Supervisors Chair to Sign the Agreement RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Cann, District IV Supervisor SECONDER: Jim Allen, District V Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen Administration RES-2012-558 D. Approve an Agreement for Services with the Yosemite/Mariposa County Tourism Bureau in the Amount of $500,000 to Provide Marketing Services for the County, and Authorize the Board of Supervisors Chair to Sign the Agreement ADOPTED [UNANIMOUS] RESULT: Kevin Cann, District IV Supervisor MOVER: SECONDER: Lee Stetson, District I Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen Administration RES-2012-559 Ε. Board of Supervisors November 13, 2012 Authorize the Recruitment and Hiring of a 0.7 Permanent Part-Time Office Assistant I/II Position in the Administration Budget Effective Immediately Chair Bibby questioned whether this position should remain a Permanent/Part- Time position given that Personnel/Risk Management would be moving to another building and she suggested that consideration be given to hiring extra help pending a reassessment of the position. She further proposed consideration of a recorded phone tree system for the office. Discussion ensued. The item was approved. ADOPTED [4 TO 1] RESULT: MOVER: Jim Allen, District V Supervisor SECONDER: Kevin Cann, District IV Supervisor AYES: Lee Stetson, Lyle Turpin, Kevin Cann, Jim Allen NAYS: Janet Bibby Human Services F. RES-2012-560 Approve Landscaping and Window Washing Agreements with Partners in Grime Cleaning Company, and Authorize the Board of Supervisors Chair to Sign the Agreements Supervisor Bibby expressed concern with the costs to maintain landscaping for the Human Services Building on Lemee Lane, feeling that the money might be better used to help fund services to residents; and she suggested that consideration be given to alternatives for performing the maintenance and landscaping options. Discussion ensued relative to further reviewing options in the future. Supervisor Bibby asked that the department head bring back ideas to reduce costs. The item was approved. RESULT: ADOPTED [4 TO 1] MOVER: Kevin Cann, District IV Supervisor SECONDER: Lyle Turpin, District II Supervisor AYES: Lee Stetson, Lyle Turpin, Kevin Cann, Jim Allen NAYS: Janet Bibby Closed Session Ρ.
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  1869 pulled from Consent CA8. Sheriff's Office RES-2012-541 Approve Opening a Recruitment and Filling a Vacant Sheriff's Deputy Position Effective Immediately CA9. Human Services RES-2012-542 Approve the 2012 Medi-Cal Privacy and Security Agreement with the Department of Health Care Services (DHCS), and Authorize the Human Services Director to Sign the Agreement CA10. Public Works RES-2012-543 Approve an Agreement with Fire Suppression Technology's Inc. for the Installation of a Fire Suppression System for the Don Pedro Fire Station in the Not-To-Exceed Amount of $46,000, and Authorize the Public Works Director to Sign the Agreement
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  CA9. Human Services/Behavioral Health & Recovery Services RES- 2012-579 Board of Supervisors November 27, 2012 Approve an Agreement with the American Indian Council of Mariposa to Provide Mental Health Services Under the Substance Abuse and Mental Health Services Administration (SAMHSA) Grant in an Amount Not to Exceed $84,352, and Authorize the Board of Supervisors Chair to Sign the Agreement CA10. Administration/Economic Development RES-2012-580 Approve Budget Action Transferring Funds from Economic Development to the Fire Department in the Amount of $2,000 for Senior Wood Delivery Fuel Reimbursement; and to the Land, Building, and Improvement Fund in the Amount of $2,500 for the Installation of Lights at the County Tennis Courts. 4/5ths Vote Required CA11. Human Services/Behavioral Health & Recovery Services RES- 2012-581 Approve an Agreement with Heritage Oaks Hospital to Provide Psychiatric Inpatient Services to Mariposa County Behavioral Health in an Amount Not to Exceed of $18,000, and Authorize the Board of Supervisors Chair to Sign the Agreement E. Presentations
• R11
  1873 pulled from Consent CA12. Public Works RES-2012-544 Accept the Indian Peak Road, Main Street, and Colorado Road Projects as Complete, and Authorize the Public Works Director to Record the Notice of Completion and Release the Retention CA13. Administration/Risk Management (ID # 1878) Informational Report of Liability Claims Rejected by the County Administrative Officer/Risk Manager for the Months of September and October 2012 CA14. Administration RES-2012-545 Authorize the Public Works Director to Sign the Application for a Cal Trans Encroachment Permit in Support of Closing Highway 140, Between Jones and Third Street, on December 1, 2012, at 6:00 P.M. for the Merry Mountain Christmas Parade, and Authorize the Board of Supervisors Chair to Sign the Letter of the Board's Support and Approval
• R15
  1881 pulled from Consent
• R16
  1882 pulled from Consent CA17. Administration RES-2012-546 Declare Monday, December 24, 2012 a County Holiday RES-2012-547 CA18. Administration Approve Settlement with Mr. John Anderson for Property Damage in the Amount of $15,000 (Claim #C12-5) CA19. County Counsel RES-2012-550 Approve an Agreement with WANGER JONES HELSLEY PC to Represent the County of Mariposa and the Named County Defendants in Case No. 10223 Filed by Richard C. Hanna in the Mariposa County Superior Court in the Not to Exceed Amount of $25,000, and Authorize the Board of Supervisors to Sign the Agreement Board of Supervisors November 13, 2012
• R20
  1919 pulled from Consent
• R21
  1896 pulled from Consent CA22. Technical Services RES-2012-551 Authorize the Chair to Sign the Attached Sales Agreement with DLB Associates for the Purchase of the New As400 E. Minutes Approval Tuesday, October 23, 2012