Mariposa County Grand Jury • 2013-2014

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

Published: April 01, 2014 155 pages

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Administration (ID # 3625) CLOSED SESSION: Public Employee Performance Evaluation; Position of Employee Under Review: County Fire Chief No public comment. This closed session was held at 5:24 PM. RESULT: CLOSED SESSION HELD
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Administration (ID # 3700) CLOSED SESSION: Public Employee Employment Title or Position to be Filled: (Government Code Section 54957 (B) (1); Human Resources/Risk Manager No public comment. This closed session was held at 4:47 PM. RESULT: CLOSED SESSION HELD Report Out Board of Supervisors June 17, 2014 6:26 PM Chair Cann reported that in closed session item M.1, information was received; and that in closed session item M.2, information was received and direction was given, and that action was taken to appoint Steven W. Dahlem/County Counsel as Interim Human Resources Director-Risk Management effective June 21, 2014. Adjournment Ο. 6:27 PM Chair Cann adjourned the meeting in memory of Neal Hecker, Olga Reml, Joe Rollston, Ella May Higgins, Bennie Latner, Chase Hastings, and Jacqueline Douglass. Respectfully submitted, RENÉ LaROCHE Clerk of the Board KEVIN CANN Chair, Board of Supervisors Mariposa County Ш P.O. Box 784 Mariposa, CA 95338 (209) 966-3222 5100 Bullion Street http://www.mariposacounty.org/ KEVIN CANN, CHAIR DISTRICT IV MERLIN JONES, VICE-CHAIR DISTRICT II DISTRICT I LEE STETSON JANET BIBBY DISTRICT III JOHN CARRIER DISTRICT V MINUTES June 24, 2014 Call to Order and Roll Call Α. 9:03 AM Chair Cann called the meeting to order at the Mariposa County Government Center, noting that there was a quorum with all members present except for Supervisor Jones who was excused. Attendee Name Title Arrived Status District I Supervisor 9:03 AM Lee Stetson Present Merlin Jones District II Supervisor Excused 9:03 AM Janet Bibby District III Supervisor Present Kevin Cann 9:03 AM District IV Supervisor Present District V Supervisor 9:03 AM John Carrier Present В. Pledge of Allegiance The Pledge was led by Supervisor Carrier, followed by a moment of silence for all of our men and women in uniform. 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 Cann noted that CA10 is being pulled and will be considered on the timed agenda. Public comment opened. Ron Iudice commented on CA5, noting that when this agreement was initially Board of Supervisors June 24, 2014 contemplated, the Mineral Museum was open longer; and he urged contacting the State to see if the museum can be opened some extra days per week. Supervisor Cann inquired if Mr. Iudice had any visitation numbers. Mr. Iudice responded that he did not. Public comment closed. Supervisor Stetson noted that he will have to abstain from voting on the Minutes in CA8. Supervisor Cann remarked that the Mineral Museum contract in CA5 needs to be approved today, but that there is a cancellation clause included; and he inquired if the Board would like to assign someone to interact with the State regarding the hours of operation. Steven W. Dahlem/County Counsel noted that the agreement being considered today is with the District Fairgrounds and not the Mining and Mineral Museum. He also noted that he believes that the CAO's office is currently putting together the agreement with the museum which may be the appropriate time to deal with the issue of hours. Supervisor Cann noted that he would like to see dialogue with the State, and that he would be happy to participate. Rick Benson/County Administrative Officer affirmed off mic. Regarding CA9, Supervisor Bibby discussed the budget action form, and required clarification that the right accounts are listed; and required clarification regarding the Victim Witness Supervisor position changes. Thomas Cooke/Mariposa County District Attorney responded, noting that the office manager was moved to Victim Witness and is partially grant funded. Supervisor Bibby noted that not all expenses and revenues are associated with grant funding, and that $10,000 is from the General Fund for the District Attorney's budget. Mr. Cooke affirmed and noted that they had about $50,000 in salary savings at the end of this month. Supervisor Bibby remarked that normally the County would recoup those into the Fund Balance. Supervisor Bibby noted that the CAO was recommending the item and required clarification from him that the funds were not needed for the Fund Balance. Rick Benson responded, noting that there was a purchase of some miscellaneous equipment. Mr. Cooke noted that the items purchased were those suggested by Rick Peresan in Technical Services and that they will lose grant funds if they don't use them by the end of the month. Supervisor Bibby requested that CA9 be pulled from Consent in order to consider it with CA10. Regarding CA6, Supervisor Cann required clarification, noting that this is a relatively new function. Cathi Boze/Agricultural Commissioner- Sealer of Weights & Measures responded, noting that: they normally do audits at the landfill on weighmasters anyway; she doesn't know if we have anyone who falls under this; the State will send the information when they renew their licenses; there is an additional $500 fee on the weighmasters for this which will fund this program; previously, they were getting $75 to do the weighmaster audits, so this would be additional money if they have any people who fall under it; and it takes about an hour, at most. Regarding CA17, Bibby required clarification as to whether this will change mining restrictions on Williamson Act lands. Sarah Williams/Planning Department Director responded, noting that they were not modifying the resolution that implements the Williamson Act. Supervisor Bibby required clarification that this is just to start the public process and that it will be reviewed by the Ag Advisory Committee, Planning and other relevant committees. Ms. Williams affirmed all concerns. Supervisor Bibby inquired as to the timing of this item, and whether it is being initiated by an applicant or the Mining Board. Ms. Williams responded that it is coming at her initiative because it needs to be done, and won't take precedence over paid applications. Supervisor Bibby inquired of the anticipated timeline. Ms. Williams responded that it should be back to the Board prior to the end of this calendar year assuming that there are no significant amendments to it. Supervisor Cann noted that this is specifically changing the County Codes to implement what the General Plan said in 2006, and if we don't do this it puts the Planning Director in the gray area of having dueling codes. Ms. Williams affirmed. Supervisor Cann inquired Board of Supervisors June 24, 2014 about the timeline. Ms. Williams noted that the biggest part will be scheduling this to the Ag Advisory Committee, but she sees no reason that it can't be back before the Board in October, November, or December at the latest. Supervisor Cann required confirmation that this Board will not be dealing with the matter until all of the relevant commissions have reviewed it. Ms. Williams noted that today's action is only to authorize staff to spend time on it; and that any resource extraction or processing will be covered by this. Regarding CA20, Supervisor Bibby inquired as to the contingency fund balance. CAO responded that he didn't have the exact figure with him, but that it is in the $200,000 range; and that there is not much choice in this regard. Supervisor Bibby noted that it says the County will be reimbursed when the property sells, but that the foreclosure process has been stopped, and inquired how long these will sit. Keith Williams/Treasurer - Tax Collector - County Clerk responded that they will sit until a tax sale comes along, and he discussed the process for same. Supervisor Bibby noted that the total contract amount is $46,300. Mr. Williams affirmed, noting that $5,000 is for next year in case there are any incidentals. Supervisor Bibby inquired if the County will be able to charge penalties and interest. Mr. Williams responded that it will not be able to charge on these fees. Supervisor Bibby noted for the public that when we do these special districts it is a triple hit because there is a cost when they are formed, there is a loss of funds when they go into default and don't pay their water or sewer bills, and a lot of these properties will sell for less and the tax base will then be lower. She urged caution as the County goes forward with subdivisions, noting that if they can't stand alone they start to get into General Funds; and reminded the Board that this is why the Board scrutinizes these districts closely. RESULT: ADOPTED [4-0] MOVER: Janet Bibby, District III Supervisor SECONDER: John Carrier, District V Supervisor AYES: Lee Stetson, Janet Bibby, Kevin Cann, John Carrier EXCUSED: Merlin Jones CA1. Administration RES-2014-293 Resolution Continuing the Local Emergency Due to Landslides on Highway 140 En Route to Yosemite National Park CA2. Administration RES-2014-294 Resolution Continuing the Local Emergency Due to the Wild Land Fire Known as the Rim Fire CA3. Administration RES-2014-295 Resolution Continuing the Local Drought Emergency CA4. Administration RES-2014-296 Approve the Fiscal Year 2013-2014 Adjusted Budget as Mariposa County's Preliminary Recommended Budget Which Will Serve as the Operating Budget Until the Adoption of the Fiscal Year 2014-2015 Final Budget in August 2014 CA5. Administration RES-2014-297 Board of Supervisors June 24, 2014 Approve a One-Year Agreement with the 35-A District Agricultural Association for the California State Mineral and Mining Museum, and Authorize the Board of Supervisors Chair to Sign the Agreement CA6. Agricultural Commissioner RES-2014-298 Approve the Weighmaster Enforcement (Junk Dealers and Recyclers) Agreement Number 14-0078-SA for Fiscal Year 2014-15 with the California Department of Food and Agriculture (CDFA), and Authorize the Board of Supervisors Chair to Sign the Agreement CA7. Board of Supervisors RES-2014-299 Approve the Administrative Match Agreement Between County of Mariposa and Area 12 Agency on Aging for In-Kind Legal Services in the Amount of $31,281 for Fiscal Year 2014/2015; and Authorize the Board of Supervisors Chair to Sign the Agreement CA8. This item was considered separately CA9. This item was moved to the Regular Agenda CA10. This item was moved to the Regular Agenda CA11. Human Services RES-2014-300 Approve Recruitment and Hiring of the Legal Secretary I/II (Legal Clerk) CA12. Human Services/Behavioral Health & Recovery Services RES- 2014-301 Approve an Agreement with Kings View Corporation to Provide Electronic Health Record Information System Technical Support and All Pay Sources Billing Services to Behavioral Health in an Amount Not to Exceed $162,709.01, and Authorize the Board of Supervisors Chair to Sign the Agreement RES- CA13. Human Services/Behavioral Health & Recovery Services 2014-302 Approve an Agreement with Clarity Social Research to Provide Evaluation Services for the Expanded Drug Court Program Conducted by Mariposa County Behavioral Health in an Amount Not to Exceed $22,000, and Authorize the Board of Supervisors Chair to Sign the Agreement CA14. Human Services/Behavioral Health & Recovery Services RES- 2014-303 Approve an Agreement with Community Social Advocates, Inc. to Provide Residential Recovery Services for Substance Abuse Clients Referred by Mariposa County Behavioral Health in an Amount Not to Exceed $12,500, and Authorize the Board of Supervisors Chair to Sign the Agreement CA15. Human Services/Behavioral Health & Recovery Services RES- 2014-304 Approve an Agreement with Milhous Children's Services to Provide Intensive Youth Treatment Services for Mariposa County Behavioral Health in an Amount Board of Supervisors June 24, 2014 Not to Exceed of $53,280, and Authorize the Board of Supervisors Chair to Sign the Agreement CA16. Planning RES-2014-305 Approve a Professional Services Agreement with Abbott & Kindermann, LLP, Providing On-Call Legal Consultation, and Authorize the Board of Supervisors Chair to Sign the Agreement RES-2014-306 CA17. Planning Adopt a Resolution of Intention to Initiate Amendments to Mariposa County Code Title 17 to Implement General Plan Provisions for Processing Mining Projects CA18. Probation RES-2014-307 Approve a Professional Services Agreement with Alliance for Community Transformations, Inc., to Operate a One-Stop Services and Rehabilitations Center for Probationers and Jail Inmates as Recommended by the Community Corrections Partnership in an Amount Not to Exceed Two Hundred Twenty-Five Thousand Dollars ($225,000); and Authorize the Board of Supervisors Chair to Sign the Agreement CA19. Public Works RES-2014-308 Approve Amending Resolution 81-3, Section IV, Paragraph B, Meetings and Quorum, for the Yosemite West District Advisory Committee RES-2014-309 CA20. Treasurer-Tax Collector-County Clerk Approve Third Amendment to Agreement with Stradling Yocca Carlson & Rauth Increasing the Amount by $16,300 to a Total Not to Exceed Amount of $46,300 for Foreclosure Services Related to the Lake Don Pedro Sewer Bonds, and Authorize the Board of Supervisors Chair to Sign the Amendment Considered Separately CA8. Minutes of Tuesday, June 10, 2014 ACCEPTED [3-0] RESULT: MOVER: John Carrier, District V Supervisor SECONDER: Janet Bibby, District III Supervisor AYES: Janet Bibby, Kevin Cann, John Carrier EXCUSED: Merlin Jones ABSTAINED: Lee Stetson Departmental Presentation E. For Items within the Jurisdiction of the Board and not on Today's Agenda Len DeJoria/Mariposa County Fire Chief reported that there was a structure fire in the Midpines area, and that it is under investigation. He also noted Hal Nolan was named the Volunteer of the Month because of his time and efforts in maintaining communication Board of Supervisors June 24, 2014 equipment. Peter Rei reported that CSAC has informed him that the County will be receiving approximately $198,000 in diesel gas receipts from 2010-2011 that were not paid, which decreases his department's shortfall to a manageable level. Supervisor Bibby requested an update on the Catheys Valley well, and whether the fields are being irrigated now. Mr. Rei affirmed that the fields are being irrigated; discussed State procedures for well chlorination and testing; and noted receiving positive test results over the weekend. He also noted that the well is pumping enough silt that it is clogging restrooms and toilets; that they are working with the well driller and State to diagnose the problem but, in the meantime, the water is safe to drink, provided it is boiled; and that they have provided porta-potties. Supervisor Bibby stressed that a solution needs to be found as soon as possible as that is one of the County's busiest meeting halls. Supervisor Stetson inquired as to how the State was able to withhold the diesel gas receipts without protest. Mr. Rei responded, noting that it is difficult to gauge how much to expect annually due to year-to-year variability and that, apparently, the State Controller just recently discovered this problem. Supervisor Cann discussed the process on the State level. Doug Binnewies/Mariposa County Sheriff reported: that Mariposa County Sheriff's Office recruits Matthew Gray and Timothy Lemons will be graduating from the Fresno City College P.O.S.T. accredited police academy and sworn into office during the Friday afternoon ceremony; that Deputy Kelly Maples graduated early from this academy due to her previous Federal law enforcement training and experience, and is currently in uniform and involved in her field training phase; that the fourth trainee, Josh Keheley, is currently enrolled in the Fresno Police Academy 12 week program to attain his Level One P.O.S.T. certificate and is on track to graduate in August; and that the fifth position was filled by Nicholas Harrison, who was the officer hired under the lateral deputy sheriff program. Sheriff Binnewies also thanked the Board for their support. Supervisor Cann inquired if the Friday ceremony is a public ceremony, and whether any staff from the Sheriff's Office will be attending. Sheriff Binnewies affirmed on both issues. Supervisor Bibby inquired if the new officers could be introduced some Tuesday, if they are assigned to day shift. Sheriff Binnewies affirmed. F. Public Comment on Non-Agenda Items For Items within the Jurisdiction of the Board and not on Today's Agenda (Speakers Limited to Five Minutes) Marshall Long/District III candidate and local rancher noted that the lights are now on at the firehouse indicating that the power is hooked up, and he extended kudos for same. He also noted that today he noticed that they are doing some overlay work on Old Highway which he appreciates; that he would like to see them pull the ditches and backfill the shoulders while they are there since they have the workers and equipment; and he reported that the UC Cooperative Extension will be hosting a preliminary niche marketing/grass fed beef meeting at the UCC office in Merced tomorrow from 9:00 AM to 4:00 PM, and at McCay Hall on Thursday from 9:00 AM to 12:00 PM. Mary Bass/Mariposa County Chamber of Commerce and Visitors Center reported that it has been very busy; that they have been placing lots of people into lodgings; and that they appreciate those lodging partners who call to advise of availability and rates. She also advised that: the Friends of the Fairgrounds' Sausage and Suds event is this Saturday, from 4:00 PM to 7:00 PM, at the Fairgrounds; that the 150th Anniversary of Yosemite celebration will be on Thursday and that there will be a variety of events; that the Chamber Board meeting is from 5:30 PM - 7:00 PM on July 3rd; and that the Business Expo is July 16th. G. Board Information Supervisor Carrier reported attending: a Public Works meeting on Thursday Board of Supervisors June 24, 2014 regarding the airport and Yosemite West issues; the meet and greet with the new School Superintendent at the High School on Thursday afternoon; the Thursday evening School Board meeting; a Friday meeting with Tessa Pritchard our outgoing Human Resource Director to say goodbye; a Saturday meeting of the Yosemite Alpine Community District, in Fish Camp; and the Kids First dinner Saturday evening. Supervisor Carrier advised that he will be attending: the Integrated Regional Water Management Plan (IRWMP) meeting, noting that the IRWMP final plan is out and available on the Mariposa County Resource Conservation District, and that there is only a short comment period for it before it comes to the Board for final approval; a Wednesday GIS resource meeting with some County representatives and CALFIRE; the 150th Yosemite Anniversary dinner in Fish Camp at The Tenaya on Sunday; the Monday ribbon cutting ceremony for the 150th Anniversary at Mariposa Grove; a fire station meeting tentatively scheduled for July 2nd; a Public Works meeting on July 2nd; and the Area 12 JPA Board meeting on Thursday. He also noted that Caltrans is kicking off their annual Avoid the Cone Zone campaign; noted that there is good news on the Fed side as the Payment In Lieu of Taxes (PILT) money has tentatively come back; discussed the diesel taxes coming back from the State; and noted receiving a lot of inquiries regarding road projects this week and suggested that Public Works post something on their website regarding how the fiscal years go, and which major projects are posted. Supervisor Carrier also advised that his grandchildren are attending day camp; noted that it appears to be running successfully based on the number of children in the program; and congratulated Shannon Hanson on its success. Supervisor Bibby extended her thanks and appreciation to all of the emergency cooperators; and noted that she hopes the damage to the airport runway is not significant. Supervisor Bibby reported attending a meeting with Veterans Services; noted she was unable to attend the meet and greet for Robin Shaw Hopper, the new School Superintendent, but extended congratulations to her. Supervisor Bibby noted that the following representatives are still needed: Mother Lode Job Training representative; the Community Action Agency private sector representative; a District III representative for the Commission on Aging; and a Mental Health Advisory Committee representative. She also urged interested parties to contact any Board member. Supervisor Stetson reported attending: the Thursday presentation on the Pacific Fisher at the Midpines Community Hall, noting that they think the fishers are mainly threatened by rodenticides; a meeting with the CAO and John Mock on June 20th to discuss Yosemite West finances; and a Saturday meeting with members of the Bear Creek to work on the Midpines Park and ready it for a photography and creative writing workshop that will be held there next Saturday, and he extended special thanks to Angela Heiss, Ed Temple, and Gary Francisco for their work. He also advised that the workshop is free and will run from 10:00 AM to 2:00 PM, and is for 10-18 years olds. Supervisor Cann reported: attending a CSAC mini summit in Fresno on Wednesday, noting a presentation on cost creep and scope creep by Vanir Construction Management; attending the Thursday meet and greet for the new School Superintendent; attending a Friday meeting with the Public Works Director and the District IV Planning Commissioner; attending the Kids First Event in Jerseydale on Saturday; participating in an RCRC officers call yesterday, noting that one of the main issues was the implementation of the endangered species declaration on the Yosemite toad and yellow legged frogs and discussed an issue regarding letters that were sent out regarding grazing permits in the Tahoe National Forest; and touring a BioMass Facility yesterday. Supervisor Cann advised that he will be attending: the Executive Speakers Bureau in Sonora on Friday, noting that the Governor's Economic Development Coordinator will be there speaking on rural economic development; a tentative meeting with Caltrans scheduled for Friday morning; the Friends of the Fairground event on Saturday; the 150th celebration dinner at The Tenaya Lodge on Sunday; and a Monday meeting with people from the JC Fremont Hospital and our Congressman regarding bringing our hospital up to the seismic standard. Supervisor Cann also discussed the Parks and Rec Day Camp, Board of Supervisors June 24, 2014 noting that he just found out that they had 58 kids last week and are now topping out, and that they have told the parents and guardians that they need to reserve time on Monday for that week. Η. Regular Agenda Items Planning 2014-ORD-1106

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2014-50 Approve a Certificate of Appreciation to CAL FIRE-Mt. Bullion Camp for Their Service to Our Community (Supervisor Carrier) No Board or public input. Supervisor Carrier extended his thanks to CAL FIRE and the CDC Staff. Supervisor Jones commended the organizations and spoke about the senior wood program. Supervisor Bibby extended her thanks and appreciation. Chair Cann presented the Certificate of Appreciation to Rich Drozen/CAL FIRE Battalion Chief, and Lt. Chris Dean/California Department of Corrections and Rehabilitation. ADOPTED [UNANIMOUS] RESULT: MOVER: John Carrier, District V Supervisor SECONDER: Merlin Jones, District II Supervisor AYES: Stetson, Jones, Bibby, Cann, Carrier
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Board of Supervisors 2014-51 Approve and Present Certificates of Recognition to Merenda McCulloch, Lake Don Pedro Volunteer and Becky Collins, Girl Scout Leader in Recognition of Their Nominations as "Hands on Heroes of Mariposa County" as Recommended by Mariposa County First 5 Commission (Jeane Hetland, First 5 Director) No public input. Supervisors Bibby, Jones and Carrier offered their thanks and appreciation to both of the recipients. Supervisor Bibby also thanked Jeane Hetland for all of her hard work. Chair Cann presented the Certificates to the recipients. RESULT: ADOPTED [UNANIMOUS] MOVER: Janet Bibby, District III Supervisor SECONDER: Merlin Jones, District II Supervisor AYES: Stetson, Jones, Bibby, Cann, Carrier 10:05 AM Chair Cann recessed the meeting for a brief break. 10:19 AM Chair Cann reconvened the Board. G. Departmental Presentation For Items within the Jurisdiction of the Board and not on Today's Agenda Doug Binnewies/Mariposa County Sheriff reported on a community discussion last evening regarding underage drinking hosted by Mariposa Safe Families. He also discussed an emergency incident that occurred at the Airport yesterday. Len DeJoria/County Fire Chief discussed the incident at the Airport; noted that the Board of Supervisors April 15, 2014 Page 6 interactions between the Sheriff's Office, CAL FIRE, EMS, and Mariposa County Fire were "textbook"; and discussed the equipment that was utilized. He also reported on County Fire's monthly staff meeting, and noted that Ruby Pearson and Company 37 received the Company of the Month award, with Tina Deering receiving the Volunteer of the Month award. Chief DeJoria also noted the addition of 14 new members. CAO reminded the Board and the public about the Spring Training Business Summit at the Fairgrounds tomorrow from Noon to 5:00 PM. He discussed some of the organizations and speakers who will be there, and noted that it is free and open to the entire business community. H. Board Information Supervisor Bibby extended her thanks and congratulations to Ruby Pearson and Tina Deering. She reported attending: the Victims Recognition Ceremony, and extended her compliments to the District Attorney's Office for the event; the CSA3 Public Meeting, and extended her compliments to staff for organizing the information and advised that if anyone experiences any errors with their ballot to please contact the County; and the First Five meeting last night where they took action to increase the dental program. She also advised that she will try to attend the April 17th Public Hearing in North Fork with the Public Utilities Commission regarding rural needs regarding telephone service. Supervisor Carrier reported attending: the Board's service day at the Senior Center last Tuesday; the Wednesday Mountain Valley EMS board meeting; the Victims' Rights Tree Ceremony; a Wednesday meeting at Public Works regarding the Airport; a Wednesday evening Airport Advisory Commission meeting; the Yosemite-Sequoia Resource Conservation Development Council meeting on Thursday where he was elected Vice President; the CSA3 meeting Thursday evening, noting that there is a conflict within the ballot regarding the Public Hearing but that the hearing will be held at 2 PM on May 13th; the Saturday meeting of the Wawona Area Property Owners Association, followed by a Wawona School fundraiser lunch; the Historic Sites and Records Preservation meeting yesterday, followed by the YARTS meeting in Merced. Supervisor Carrier advised that he will be attending: the IRWMP Project meeting on Thursday; the Fish Camp Town Planning Advisory meeting on Saturday; the Saturday Fish Camp Fire Rescue meeting; and the Saturday Hazard Mitigation Plan Review meeting. Supervisor Jones noted his attendance at the Senior lunch and reported attending: the SWIFT meeting in Moccasin on the 9th; a Wednesday meeting with Supervisor Carrier, Public Works and a citizen with proposals for the Airport; the Wednesday evening Airport Advisory Commission meeting; a Saturday meeting with someone who is interested in putting in a motel in District II; the ribbon cutting for the Mariposa Event Center on the 2nd, and extended his thanks to the Planning, Building and Health Departments for making the permit process smooth; and the Coulterville breakfast. Supervisor Stetson noted his attendance at the Senior Center lunch and reported attending: the El Portal Advisory Committee meeting on Tuesday; the Midpines Advisory Board meeting on Wednesday; the Gateway Partners meeting in Yosemite National Park on Thursday; and the YARTS meeting on Monday, where Supervisor Carrier was elected Chair for the upcoming year. Supervisor Cann discussed the SRA fees. He also reported: spending Tuesday afternoon with Art Moore/Congressional candidate; attending the Gateway Partners meeting on Thursday; on interactions with some hotel builders and operators on Friday; that there is some further support for the subsidized Senior Living facility; helping to clean the Open Arms facilities on Saturday morning; and meeting with two different Supervisorial candidates on Monday. Supervisor Cann advised that he will be attending: the open house at the R.O.A.D. House Community Wellness Center today from Noon to 5:00 PM; the Spring Training evening tomorrow where he will be speaking; the Central Sierra Economic District board meeting by telephone on Thursday; the IRWMP meeting on Board of Supervisors April 15, 2014 Page 7 Thursday; a Thursday meeting with the Economic Development Corporation (EDC) and the hospital CEO; and the regular EDC meeting at Noon at the Library. Supervisor Cann also noted that he will be flying to San Diego on Friday to spend Easter with his daughter. Regular Agenda Items I. RES-2014-159
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Board of Supervisors 2014-53 Approve a Certificate of Recognition for Dr. Jan Mennig for His Community Support to the Citizens of Mariposa County Public comment opened. Kathy McCorry/Chamber of Commerce Executive Director conveyed congratulations from Mary Bass, and the CASA Board, who are at a meeting today; and discussed Dr. Mennig's decades of service on the Chamber Board. Caroline Fruth/Mariposa CASA Executive Director discussed Dr. Mennig's guidance to the CASA Board. Doug Binnewies/Mariposa County Sheriff recognized Dr. Mennig for his interactions with the Sheriff's Office. Lester Bridges/Chamber of Commerce Past President discussed Dr. Mennig's mentorship to him. Public comment closed. Supervisor Bibby extended her thanks to Dr. Mennig. Supervisor Cann discussed Dr. Mennig's background, and presented him with the Certificate. ADOPTED [UNANIMOUS] RESULT: MOVER: Kevin Cann, District IV Supervisor SECONDER: Lee Stetson, District I Supervisor AYES: Stetson, Jones, Bibby, Cann, Carrier Recess 9:52 AM Chair Cann recessed the Board for a brief break and reception. 10:09 AM Chair Cann reconvened the meeting. F. Departmental Presentation For Items within the Jurisdiction of the Board and not on Today's Agenda Chevon Kothari/Human Services Director advised the Board of the upcoming May Board of Supervisors April 22, 2014 Page 6 7th event to help end the stigma of mental illness, and handed out a flyer for same. Doug Binnewies discussed an upcoming Youth Firearms Safety Event for children between the ages of 3 and 18 this Sunday, April 27th from 10:00 AM to 4:00 PM at the Fish and Game Range located at 4443 Old Highway Road. 1. (ID # 3541) Clerk of the Board of Supervisors Handouts from Departmental Presentation Portion of the April 22, 2014 Meeting INFORMATION RECEIVED RESULT: G. Public Comment on Non-Agenda Items For Items within the Jurisdiction of the Board and not on Today's Agenda (Speakers Limited to Five Minutes) Wendy Brown-Barry spoke regarding the proposed expansion of the water authority by removing the word "navigable" from the Clean Water Act; provided maps showing the changes that will occur to national waters if the change is implemented; and discussed her hope that someone will regularly monitor the Federal Register. She also discussed the review of the Endangered Species Act.
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Administration (ID # 3537) CLOSED SESSION: Public Employee Performance Evaluation; Position of Employee Under Review: County Fire Chief This session was held at 1:38 PM. RESULT: CLOSED SESSION HELD
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Waive First Reading and Introduce an Ordinance Amending Chapter 10.08.020-Stopping, Parking Prohibited on Trabucco Street Peter Rei gave the staff report. Supervisor Cann clarified that the only development being proposed is for four parcels on the other side of the gate and that any further development up there will trigger a whole different set of actions. Board of Supervisors May 6, 2014 Page 12 Supervisor Bibby noted that the four additional parcels still equates to additional traffic; inquired of the traffic count; and discussed the narrowness of the road. Mr. Rei responded by discussing the width of the road; remarking that the road will feel larger when the gate is removed; noted that the other option is to require the improvement; remarked that he doesn't think that the additional traffic will impact it much especially in view of the traffic from sporting events; and discussed the parking pockets that are part of this option. Supervisor Bibby required clarification regarding parking off of Mariposa Street. Mr. Rei responded that he is not recommending that street as "no parking" at this time. Supervisor Bibby required clarification of what will happen if this ordinance is not approved. Mr. Rei responded noting that, because of the way the Planning Commission approved it, the result would be the construction of the 40 foot section. Discussion ensued between Supervisor Bibby and Mr. Rei regarding the Planning Commission action, noticing in the matter, and the preference of the residents. Supervisor Bibby discussed the options available, and remarked that she was afraid that the Health and Safety aspect of the road might become a problem in the future. Supervisor Jones required clarification that the Planning Commission only approved four parcels, so that is all that can be looked at today. Mr. Rei affirmed. Supervisor Jones inquired if CAL FIRE has inspected it. Mr. Rei responded, noting that it was sent to them but they did not comment. Supervisor Jones noted that no comment from CAL FIRE usually means that they have no concerns. Supervisor Cann noted that it is his understanding that the four parcels are the maximum for a dead end road, and that any future development will require a secondary road. Supervisor Carrier required clarification of the road width if the Board does not approve this ordinance. Mr. Rei responded, noting that it would be approximately 37 feet. Supervisor Carrier discussed his concerns regarding the road access, and the apparent loophole regarding the road standard Supervisor Bibby elaborated on her concerns regarding the Health and Safety issues. Supervisor Cann discussed the issues that were considered up to this point. Sarah Williams/Planning Director gave an overview of the process and authorities for the Planning Commission's action. Supervisor Bibby inquired if the sidewalks could be omitted. Ms. Williams responded, noting that the roads standards specify the dimensions and sidewalks. Supervisor Bibby remarked that the Board seems to have little latitude in the matter. Mr. Rei discussed that the matter is in full compliance with the procedures and rules that are in place which give the applicant the right to suggest an alternative, which they did. Supervisor Cann required clarification that this has gone through the full review, and has been approved up to the Board. Ms. Williams affirmed. Supervisor Jones remarked that to make a change now would be changing the rules in the middle of the game for the developer. Ms. Williams responded noting that this is the proposal that the engineer came up with. Supervisor Stetson remarked that this can be addressed down the line if it does cause a problem. Mr. Rei agreed. Supervisor Carrier noted that it would be the County's money if we address it in the future instead of the developer. Mr. Rei affirmed. Public comment opened Ron Iudice remarked that the process is hard enough; and there is an issue before the Board and they should either vote for it, or not. Patty Reed/Trabucco Street resident noted that no one spoke with her about the issue; discussed being caught between either getting "no parking," or they lose a part of their front yards; noted that they are going to lose all of their street parking while the four parcels will have it; and offered that another route into that subdivision would be better. Chair Cann responded that the pull-out parking for the new parcels will be at the expense of the new parcels; and he noted that what is perceived as a front yard is actually Board of Supervisors May 6, 2014 Page 13 County property. Public comment closed. The motion was made and seconded, and the Clerk of the Board read the action, and ordinance title into the record. Supervisor Bibby noted that a different route would have fulfilled everyone's needs; would have opened the door for future development of the additional parcels; and it keeps coming up that we probably already have a Health and Safety issue given the proximity to the school and its traffic. INTRODUCED [3 TO 2] Next: 5/20/2014 9:00 AM RESULT: MOVER: Merlin Jones, District II Supervisor SECONDER: Lee Stetson, District I Supervisor AYES: Lee Stetson, Merlin Jones, Kevin Cann NAYS: Janet Bibby, John Carrier Public Works RES-2014-198
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Approve Publication of a Request for Qualifications for Engineering Services and Rate Determinations for Special Districts in Yosemite West, Coulterville, Don Pedro and Mariposa Pines 2:27 PM Chair Cann noted that the Board will consider agenda item 9 at this time in consideration of the citizens from Yosemite West who have been waiting all day. Peter Rei gave the staff report, and noted that should this be passed he would immediately propose that they advertise the matter. Supervisor Carrier inquired if there is a cost estimate for the seven projects scheduled, and as to how it will be paid. Mr. Rei responded that, by California law, he has to pick who is the most qualified, and then negotiate a price. Supervisor Jones advised that, should a contract be awarded, he wants to see any increases in that negotiated price brought before the Board. Discussion ensued. Mr. Rei noted that the problem is that should something go wrong he has no money to repair anything. Supervisor Bibby and Mr. Rei discussed funding and the funding process. No public input. Supervisor Bibby inquired about funding for the project. Mr. Rei noted that it doesn't cost anything to put together a request. RESULT: ADOPTED [UNANIMOUS] MOVER: Lee Stetson, District I Supervisor SECONDER: Merlin Jones, District II Supervisor AYES: Stetson, Jones, Bibby, Cann, Carrier Public Works 7. (ID # 3512) Discussion and Direction Regarding Payment of Costs for Completing Notice of Violation Requirements on the Yosemite West and Coulterville Waste Water Treatment Plants Peter Rei gave the staff report. He reported that we currently have four Notices of Violation (NOV) with the Water Board; that he has a meeting with them next Thursday at 2:00 PM where he hopes to convince them that we are doing everything that we can to Board of Supervisors May 6, 2014 Page 14 comply; and hopefully to convince them not to issue fines for those NOVs. Mr. Rei also reported that he has been informed that the Coulterville spill has left the Technical side of the Water Board, and has gone to the Enforcement side; that he is not sure about Yosemite West; and that there are specific things that need to be done to comply, but that he needs direction as the capital funds are exhausted in both cases. Chair Cann required clarification regarding the costs. Mr. Rei responded that a report from Provost and Pritchard regarding the leech fields at Yosemite West will be on next Tuesday's agenda with multiple issues, the largest one being the construction of three new leech fields that would add 42,400 gallons per day in treatment capacity at a construction cost of 1.42 million dollars, but we do not currently own the property so there would be an additional cost for land acquisition. There will be a strainer item for approximately $92,000 to build the strainer for the subsurface drip irrigation system at Yosemite West which must work because the leech fields are not getting the rest that they were designed to get, and there's an additional $20,000 not-to-exceed amount because it is unknown whether the system will work since it has not been operated in many years and repairs are expected; for a total of $112,000. Repairs are needed to the containment system in Coulterville; which will probably be approximately 5000-$10000, but there is no money in the budget to pay it. Mr. Rei noted that rate hearings will help but there are only 178 connections in Yosemite West, and only 88 in Coulterville so spreading large costs among that limited number of services will be very expensive to do with rates alone. He noted that there have been no problems at Mariposa Pines; and no obvious problems at Don Pedro but there are bond defaults so, eventually, financial problems will arise if those bond payments cannot be made. He also noted that they will pursue grants, but the overwhelming majority of them will be loans. Supervisor Stetson inquired about the lot line adjustment to drill a new well. Mr. Rei responded that, in all likelihood, you will have to acquire quite a bit of property because of the way the leech field lays out, and you're likely to have multiple locations to drill another well. Supervisor Stetson required clarification that those would be pumping up. Mr. Rei affirmed. Supervisor Cann and Mr. Rei discussed package plants, the problem of disposal, the lack of staff to perform the higher maintenance for same, and the flow fluctuations at higher elevations. Supervisor Carrier inquired if the control agency has been questioned to see if they know of funding sources. Mr. Rei responded that the Board asked Lonnie Wass, the Water Board representative, in December, 2012, relative to Yosemite West and were told that there were none because of the average income level in Yosemite West. Supervisor Carrier discussed funding, and noted his frustration at the process. Supervisor Cann noted personally speaking with a large consultant on water and waste water, and a DWR manager, and both said that there are grants available for situation like Coulterville, and they would be happy to work with them for loans on Yosemite West. Supervisor Jones noted that he doesn't think we'll find any problem in getting grants for Coulterville. Supervisor Cann suggested discussing the matter with Townsend who will be coming down next Monday for a meeting. Supervisor Bibby noted the need to see the documents from the DWR to see what funding options available; noted that Don Pedro was supposed to revert to that association; noted that service users have fought rate increases through the years which has contributed to the current dilemma; and remarked that she hopes that these communities know that the County does not have the funds to apply to a particular area and not have revenue to offset it. Mr. Rei reported having a recent meeting with Don Pedro; and noted that they are not interested in having the sewer system revert to them, despite the LAFCo document that created the District clearly showing that as the goal. Mr. Rei discussed funding options that he will be investigating. Supervisor Bibby required clarification regarding the next step with Don Pedro in view of the LAFCo document, and noted that she would like to pursue that reversion process. Supervisor Jones noted his Board of Supervisors May 6, 2014 Page 15 agreement that we have to get out of Don Pedro as soon as we can; and clarified that the while the LAFCo document wording notes it to be a goal, there is no timeframe set, so, they have the option to take it over whenever they want. Supervisor Bibby remarked that if that was the final language, and if the language notes a goal, then it is Mariposa County's goal to get rid of it, and we can just sort it out in court. Supervisor Carrier inquired if we would be in compliance if all of the work listed in this item was done. Mr. Rei responded that we would, but noted that there also other factors in this like the cost of the property acquisition; staff time figured in here; and complete the items in the plan and keep it in a good state of repair going forward. Mr. Rei also noted that there are also a number of water quality issues, and a number of capacity issues that are more troubling. Supervisor Carrier inquired if 2.25 million dollars would take care of the Notices of Violation. Mr. Rei responded that they would have to ask the Water Board and he would hope that their answer would be yes. Supervisor Carrier also inquired if Mr. Rei has discussed the issue with Rick Benson. Mr. Rei responded that the County had the money. Supervisor Carrier noted that he is looking at the possibility of going after another USDA loan to get it fixed. Supervisor Cann remarked that this same scenario is playing out up and down the state and we need to let the Water Quality Board know that we need help; and he suggested taking Townsend to the meeting. Mr. Rei discussed the role that the Clean Water Act played in the building of these facilities in the 1980s. Supervisor Stetson discussed Yosemite West, noting that speed in resolving these issues is necessary. Chair Cann remarked that he would suggest that the CAO be assigned to work with Mr. Rei on this situation; and noted that direction is to work towards completion, including identifying grants that could be utilized. He also requested that Mr. Rei return and brief after his meeting with the Department of Water Resources. Mr. Rei noted that he would like to setup a couple of meetings with the Board infrastructure liaisons for guidance. Supervisor Cann noted that they can meet every Monday morning. Supervisor Bibby inquired when Mr. Rei will be returning. Mr. Rei responded that he will return in two weeks. Supervisor Bibby urged obtaining whatever funding is available; to put rate increases in effect as soon as possible; and to pursue the LAFCo issue. Supervisor Carrier noted his agreement with taking Townsend to the Regional Water Board meeting, and taking advantage of grants or other funding opportunities Public comment opened. Robert Kroon/Yosemite West resident recounted that: Yosemite West residents had come up with a package plant system that would have cost 1.2 million dollars to build, and would have paid for the plant construction, the leach fields, and paved the road down to the sewer plant; the Board would not listen and pursued the bond package, instead; the County hired the best consultants to design the best sewer plant and charged a 4 million dollar bond, which turned out to be the wrong design, and was not maintained; the contractor went bankrupt and the County finished it; there was no engineer overseeing the project; the leech field was built on the wrong property; it was built to extra capacity. Mr. Kroon also remarked that the upcoming engineer report from Provost and Pritchard should illuminate much; discussed the need to have a full time sewer worker; and discussed the need for a well, and wells in the area. Neil Misener/Yosemite West resident noted that the package plant that they had proposed was Senta Corporation and was state of the art; the County would not even allow them to vote on that plant; discussed GeoFlow, and noted that they are asking almost $2 million dollars to correct the system. Barry Turner provided a copy of the grand jury report, noted that they will not hit full build out no matter what happens; a possible building moratorium will impact the sale of property by the Long family; the Long family is still paying on the bond issue; noted that, according to the grand jury report, the building moratorium should have never been signed off; read a portion of the Grand Jury report regarding the 2012 Provost and Board of Supervisors May 6, 2014 Page 16 Pritchard report; gave an overview of expenditures to date, noting that we're paying $170,000 for repairs; and remarked that the homeowners are upset by the changing costs that they are be told. Supervisor Cann required clarification of whether the strainer is in there. Mr. Turner responded. Carol Misener/Yosemite West resident noted that the original loan from the USDA was very specific on what it could be used for and what it would cover; and discussed her concern regarding whether there would be a reaction from the USDA at how the money was utilized. Marshall Long/local rancher remarked that this is why we don't want any more wastewater plants in Mariposa County; and urged updating the General Plan to do away with all of them. Barry Turner remarked that a USDA grant was already received for a collection system, and wondered how we can go back to them for money for the same thing. Robert Kroon reminded the Board that Yosemite West brings in over $700,000 per year in TOTs. Public comment closed. Supervisor Stetson remarked that direction seems clear. Mr. Rei responded to public comment and noted that he cannot comment on the package plant price as that was before his time with the County; remarked that he differs in his interpretation of the Provost and Pritchard report, as it was done in response to the County being pro-active to identify the magnitude of the problems; and discussed the prices in the report. Supervisor Cann noted that Mr. Rei will return with a report to the Board in two weeks, and that he and Supervisor Jones will work with him. Supervisor Bibby expressed her worries, noting that the Board relies on the consultants. Supervisor Jones noted his support. Chair Cann noted that the matter is to be rescheduled and rebriefed in two weeks. RESULT: INFORMATION RECEIVED Public Works
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(ID # 3512) Discussion and Direction Regarding Payment of Costs for Completing Notice of Violation Requirements on the Yosemite West and Coulterville Waste Water Treatment Plants Peter Rei gave the staff report. He reported that we currently have four Notices of Violation (NOV) with the Water Board; that he has a meeting with them next Thursday at 2:00 PM where he hopes to convince them that we are doing everything that we can to Board of Supervisors May 6, 2014 Page 14 comply; and hopefully to convince them not to issue fines for those NOVs. Mr. Rei also reported that he has been informed that the Coulterville spill has left the Technical side of the Water Board, and has gone to the Enforcement side; that he is not sure about Yosemite West; and that there are specific things that need to be done to comply, but that he needs direction as the capital funds are exhausted in both cases. Chair Cann required clarification regarding the costs. Mr. Rei responded that a report from Provost and Pritchard regarding the leech fields at Yosemite West will be on next Tuesday's agenda with multiple issues, the largest one being the construction of three new leech fields that would add 42,400 gallons per day in treatment capacity at a construction cost of 1.42 million dollars, but we do not currently own the property so there would be an additional cost for land acquisition. There will be a strainer item for approximately $92,000 to build the strainer for the subsurface drip irrigation system at Yosemite West which must work because the leech fields are not getting the rest that they were designed to get, and there's an additional $20,000 not-to-exceed amount because it is unknown whether the system will work since it has not been operated in many years and repairs are expected; for a total of $112,000. Repairs are needed to the containment system in Coulterville; which will probably be approximately 5000-$10000, but there is no money in the budget to pay it. Mr. Rei noted that rate hearings will help but there are only 178 connections in Yosemite West, and only 88 in Coulterville so spreading large costs among that limited number of services will be very expensive to do with rates alone. He noted that there have been no problems at Mariposa Pines; and no obvious problems at Don Pedro but there are bond defaults so, eventually, financial problems will arise if those bond payments cannot be made. He also noted that they will pursue grants, but the overwhelming majority of them will be loans. Supervisor Stetson inquired about the lot line adjustment to drill a new well. Mr. Rei responded that, in all likelihood, you will have to acquire quite a bit of property because of the way the leech field lays out, and you're likely to have multiple locations to drill another well. Supervisor Stetson required clarification that those would be pumping up. Mr. Rei affirmed. Supervisor Cann and Mr. Rei discussed package plants, the problem of disposal, the lack of staff to perform the higher maintenance for same, and the flow fluctuations at higher elevations. Supervisor Carrier inquired if the control agency has been questioned to see if they know of funding sources. Mr. Rei responded that the Board asked Lonnie Wass, the Water Board representative, in December, 2012, relative to Yosemite West and were told that there were none because of the average income level in Yosemite West. Supervisor Carrier discussed funding, and noted his frustration at the process. Supervisor Cann noted personally speaking with a large consultant on water and waste water, and a DWR manager, and both said that there are grants available for situation like Coulterville, and they would be happy to work with them for loans on Yosemite West. Supervisor Jones noted that he doesn't think we'll find any problem in getting grants for Coulterville. Supervisor Cann suggested discussing the matter with Townsend who will be coming down next Monday for a meeting. Supervisor Bibby noted the need to see the documents from the DWR to see what funding options available; noted that Don Pedro was supposed to revert to that association; noted that service users have fought rate increases through the years which has contributed to the current dilemma; and remarked that she hopes that these communities know that the County does not have the funds to apply to a particular area and not have revenue to offset it. Mr. Rei reported having a recent meeting with Don Pedro; and noted that they are not interested in having the sewer system revert to them, despite the LAFCo document that created the District clearly showing that as the goal. Mr. Rei discussed funding options that he will be investigating. Supervisor Bibby required clarification regarding the next step with Don Pedro in view of the LAFCo document, and noted that she would like to pursue that reversion process. Supervisor Jones noted his Board of Supervisors May 6, 2014 Page 15 agreement that we have to get out of Don Pedro as soon as we can; and clarified that the while the LAFCo document wording notes it to be a goal, there is no timeframe set, so, they have the option to take it over whenever they want. Supervisor Bibby remarked that if that was the final language, and if the language notes a goal, then it is Mariposa County's goal to get rid of it, and we can just sort it out in court. Supervisor Carrier inquired if we would be in compliance if all of the work listed in this item was done. Mr. Rei responded that we would, but noted that there also other factors in this like the cost of the property acquisition; staff time figured in here; and complete the items in the plan and keep it in a good state of repair going forward. Mr. Rei also noted that there are also a number of water quality issues, and a number of capacity issues that are more troubling. Supervisor Carrier inquired if 2.25 million dollars would take care of the Notices of Violation. Mr. Rei responded that they would have to ask the Water Board and he would hope that their answer would be yes. Supervisor Carrier also inquired if Mr. Rei has discussed the issue with Rick Benson. Mr. Rei responded that the County had the money. Supervisor Carrier noted that he is looking at the possibility of going after another USDA loan to get it fixed. Supervisor Cann remarked that this same scenario is playing out up and down the state and we need to let the Water Quality Board know that we need help; and he suggested taking Townsend to the meeting. Mr. Rei discussed the role that the Clean Water Act played in the building of these facilities in the 1980s. Supervisor Stetson discussed Yosemite West, noting that speed in resolving these issues is necessary. Chair Cann remarked that he would suggest that the CAO be assigned to work with Mr. Rei on this situation; and noted that direction is to work towards completion, including identifying grants that could be utilized. He also requested that Mr. Rei return and brief after his meeting with the Department of Water Resources. Mr. Rei noted that he would like to setup a couple of meetings with the Board infrastructure liaisons for guidance. Supervisor Cann noted that they can meet every Monday morning. Supervisor Bibby inquired when Mr. Rei will be returning. Mr. Rei responded that he will return in two weeks. Supervisor Bibby urged obtaining whatever funding is available; to put rate increases in effect as soon as possible; and to pursue the LAFCo issue. Supervisor Carrier noted his agreement with taking Townsend to the Regional Water Board meeting, and taking advantage of grants or other funding opportunities Public comment opened. Robert Kroon/Yosemite West resident recounted that: Yosemite West residents had come up with a package plant system that would have cost 1.2 million dollars to build, and would have paid for the plant construction, the leach fields, and paved the road down to the sewer plant; the Board would not listen and pursued the bond package, instead; the County hired the best consultants to design the best sewer plant and charged a 4 million dollar bond, which turned out to be the wrong design, and was not maintained; the contractor went bankrupt and the County finished it; there was no engineer overseeing the project; the leech field was built on the wrong property; it was built to extra capacity. Mr. Kroon also remarked that the upcoming engineer report from Provost and Pritchard should illuminate much; discussed the need to have a full time sewer worker; and discussed the need for a well, and wells in the area. Neil Misener/Yosemite West resident noted that the package plant that they had proposed was Senta Corporation and was state of the art; the County would not even allow them to vote on that plant; discussed GeoFlow, and noted that they are asking almost $2 million dollars to correct the system. Barry Turner provided a copy of the grand jury report, noted that they will not hit full build out no matter what happens; a possible building moratorium will impact the sale of property by the Long family; the Long family is still paying on the bond issue; noted that, according to the grand jury report, the building moratorium should have never been signed off; read a portion of the Grand Jury report regarding the 2012 Provost and Board of Supervisors May 6, 2014 Page 16 Pritchard report; gave an overview of expenditures to date, noting that we're paying $170,000 for repairs; and remarked that the homeowners are upset by the changing costs that they are be told. Supervisor Cann required clarification of whether the strainer is in there. Mr. Turner responded. Carol Misener/Yosemite West resident noted that the original loan from the USDA was very specific on what it could be used for and what it would cover; and discussed her concern regarding whether there would be a reaction from the USDA at how the money was utilized. Marshall Long/local rancher remarked that this is why we don't want any more wastewater plants in Mariposa County; and urged updating the General Plan to do away with all of them. Barry Turner remarked that a USDA grant was already received for a collection system, and wondered how we can go back to them for money for the same thing. Robert Kroon reminded the Board that Yosemite West brings in over $700,000 per year in TOTs. Public comment closed. Supervisor Stetson remarked that direction seems clear. Mr. Rei responded to public comment and noted that he cannot comment on the package plant price as that was before his time with the County; remarked that he differs in his interpretation of the Provost and Pritchard report, as it was done in response to the County being pro-active to identify the magnitude of the problems; and discussed the prices in the report. Supervisor Cann noted that Mr. Rei will return with a report to the Board in two weeks, and that he and Supervisor Jones will work with him. Supervisor Bibby expressed her worries, noting that the Board relies on the consultants. Supervisor Jones noted his support. Chair Cann noted that the matter is to be rescheduled and rebriefed in two weeks. RESULT: INFORMATION RECEIVED Public Works
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RES-2014-199 Approve Change Order #1 with Mark Long Construction in the Amount of $ 34,520 for a Total Compensation of $93,320 for Additional Work Performed on the Tauchen Mine Reclamation Project, and Authorize the Board of Supervisors Chair to Sign the Change Order Peter Rei gave the staff report, discussing the garbage that was found in the area. Supervisor Bibby required clarification of whether SMARA funds can be used for illegal dumping of trash. Mr. Rei noted that he would have to defer to Sarah Williams. Ms. Williams responded that they had Department of Conservation inspectors out there yesterday and they had no issues with it; and that it was not household garbage, but rather was from mining operations. Supervisor Bibby inquired if the tipping fees were recouped from this source. Mr. Rei and Ms. Williams affirmed. Supervisor Bibby remarked that she doubted that we were able to recoup the costs of the court. Ms. Williams responded, noting that they are working on code amendments that may help to address these issues in the future. No public input. Page 17 Board of Supervisors May 6, 2014 RESULT: ADOPTED [UNANIMOUS] MOVER: Merlin Jones, District II Supervisor SECONDER: Janet Bibby, District III Supervisor AYES: Stetson, Jones, Bibby, Cann, Carrier
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Public Works (ID # 3520) Adopt a Resolution Requesting Changes to the Federal Functional Classification System and National Highway System for Highway 49 Within Mariposa County to Add Highway 49 to the National Highway System Peter Rei gave the staff report, noting that the only concern of which he is aware is that there cannot be junk car lots immediately adjacent to the highway, nor any new billboards, but that existing billboards will be grandfathered. Supervisor Bibby noted that she hopes that they weigh the consequences of per mile for pavement of road repair versus a billboard and screening a junk yard; and requested that the Board be informed if they've taken a negative on this. Supervisor Cann required clarification regarding the junkyard issue on a state highway. Mr. Rei responded that it is the National Highway system designation that triggers it. Supervisor Carrier remarked that we need to monitor this carefully because there are restrictions that go along with it, and urged careful research with the other counties to guard against unintended consequences. Mr. Rei responded, noting that Caltrans has already been putting in restrictions even on state highways that are not in the national highway system. Supervisor Bibby inquired if Mr. Rei could verify any impact to individual property rights and development along the highway. Mr. Rei noted that he did specifically inquire as to restrictions, and only junkyards and billboards were mentioned. Supervisor Bibby inquired if he could get a written response to that effect. Supervisor Cann noted that Ms. Williams would be better able to respond to this issue. Public comment opened. Russell Marks/County Surveyor clarified that Highway 49 south is a restricted access highway from Allred Road to Worman Road, and you cannot just put an encroachment anywhere. Chair Cann noted that this item will be continued, and to allow clarification on the issue of the additional restrictions that would be imposed if the road is put into the national highway system. Marshall Long noted that Highway 132 was not mentioned and inquired if it is part of that designation. Mr. Rei responded that it is not part of the national highway system, and that he would have to research the issue as designation requires meeting certain criterion for the amount of movement and the type of use that it gets. Public comment closed. CONTINUED Next: 5/27/2014 9:00 AM RESULT: Items removed from Consent Agenda L. None. Closed Session Μ. No public input on any closed session. Board of Supervisors May 6, 2014 Page 18
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CA13 was Withdrawn by the Department and Removed from the Consent Agenda CA14. Human Services/Behavioral Health & Recovery Services RES- 2014-238 Board of Supervisors May 27, 2014 Page 4 Approve an Agreement with Kings View Corporation to Provide Telepsychiatry Services for Mariposa County Behavioral Health in an Amount Not to Exceed $282,000, and Authorize the Board of Supervisors Chair to Sign the Agreement CA15. Human Services/Behavioral Health & Recovery Services RES- 2014-239 Approve Recruitment and Hiring of a Senior Office Assistant in the Human Services Department, Effective June 7, 2014 CA16. Public Works RES-2014-240 Approve Plans and Specifications for the Restrooms at the Midpines Park and Authorize the Public Works Director to Solicit Bid Proposals and Award the Bid to the Lowest Responsible Bidder CA17. Public Works RES-2014-241 Approve the Fourth Amendment to the Agreement with Analytical Environmental Services to Extend the Term of the Agreement to June 30, 2014, to Perform Environmental Assessments for the Disaster Recovery Initiative (DRI) Road Projects, and Authorize the Public Works Director to Sign the Amendment RES-2014-242 CA18. Public Works Approve Letters Supporting the Regional Council of Rural Counties (RCRC) and California State Association of Counties (CSAC) Efforts to Increase the Share of Gas Tax Loan Repayment Funds to Counties, and Authorize the Board of Supervisors Chair to Sign the Letters CA19. Sheriff's Office RES-2014-243 Approve Budget Action Transferring Funds Within the Sheriffs Budget to Cover Shortfall in Sheriff's Overtime ($38,515) RES-2014-244 CA20. Treasurer-Tax Collector-County Clerk Amend the Request for Approval to Sell 5-Year Tax Defaulted Parcels at the Annual Auction Scheduled for August 15, 2014 Departmental Presentation E. For Items within the Jurisdiction of the Board and not on Today's Agenda Len DeJoria/Mariposa County Fire Chief updated the Board on a fire that began in Hunters Valley yesterday. He noted that: the origin of the fire was an abandoned cabin which could not be saved; McCay Hall has been set up for evacuations and, as of this morning, two people are using it; last operation period they committed one Type I engine, and 5 water tenders; this operation period they will commit a Type I engine for structure protection; and CAL FIRE has command, as they have not gone to unified command. Rich Drozen/CAL FIRE reported that: the fire is currently 900 acres large and approximately 10 percent contained; the fire is in the Merced River drainage down near Lake McClure; they have six strike teams of Type III engines for today's operational period, and will bring in two strike teams with more structural type engines for the Hunters Valley area by Noon; they got a good push last night with some down canyon winds; so far, there are no issues with structures; and there are a lot of resources on the ground and a lot coming in. He also cautioned that we are not yet out of the woods; noted that if it spots Board of Supervisors May 27, 2014 Page 5 over the line and gets more into the river drainage, we could have another Telegraph Fire scenario; and advised that we will see more smoke this afternoon as there will be a firing operation this morning which, hopefully, will isolate the fire and prevent it from going any further into Hunter's Valley. Chief Drozen also advised that the fire will be burning into the burn scar left by the 2000 Hunters Fire. Supervisor Cann remarked that the brush has probably recovered since 2000. Chief Drozen affirmed noting that, while it may be the month of May, fuel conditions are those normally experienced in July or August. Chief Drozen also advised that they are currently approaching 1000 people assigned to this fire; that they are holding off ordering an incident management team as they think they can hold it; and that they have it contained around Lake McClure. Supervisor Bibby extended her thanks and appreciation to dispatch offices, and CAL FIRE, County Fire, and other responders for taking aggressive tactics. Chief Drozen noted the help that they have been getting with evacuations from the Sheriff's Office and CHP. Doug Binnewies/Mariposa County Sheriff reported that evacuations were placed in effect yesterday; that approximately 56 residences in the affected area have been placed under evacuation; noted that a fairly significant percentage of homeowners wanted to stay with their residences; and he cautioned against that for the safety of all. He also advised that there are hard closures at Hunters Point access area and Hunters Valley Road which CHP is manning, while Cotton Creek Road is under a warning; but that they are currently not under an evacuation. He also noted that Animal Control operations are underway, and that they have two horses at the Mariposa County Fairgrounds. Supervisor Stetson offered his compliments to dispatch noting that he also called and their response was very professional and clear. Supervisor Cann extended his thanks to CHP for their partnership. Peter Rei reported that last Thursday they opened bids for the project to pave approximately 1.5 miles of Triangle Road; noted that this is the next to last project from the earmark that then Congressman Radanovich got many years ago; and reported that the low bidder was George Reed out of the Sonora/Jamestown area with a bid of $423,294 which was lower than the project engineer's estimate of $429,500. Mr. Rei noted that the last remaining project will be the Bullion Street project which is being combined with the Safe Routes for School project. Supervisor Cann inquired if Public Works crews will be prepping the road. Mr. Rei affirmed. Supervisor Cann inquired if the one lane bridge there is on a replacement list. Mr. Rei responded, noting that it is not on this project, but is one of the bridges that need to be replaced as it is functionally obsolete because it doesn't meet current standards for width. Supervisor Bibby inquired if there were any local bidders on the paving project. Mr. Rei responded, noting that W. Jackson Baker and Lee's Paving were the other two bidders and they were substantially higher. F. Public Comment on Non-Agenda Items For Items within the Jurisdiction of the Board and not on Today's Agenda (Speakers Limited to Five Minutes) Kathy McCorry/Chamber of Commerce Executive Director reported that the entire county was full over the Memorial Day weekend; and that they spent most of the weekend trying to place walk-ins with lodging partners. She also noted that the Chamber will be contacting lodging partners this morning to see if any are offering lodgings to evacuees. Ms. McCorry reported that the rangers have started working at the Visitor Center and are staffing 63 additional hours per week, and will increase to 70 hours next week when the Chamber increases their hours. Ms. McCorry advised that: the monthly Network at Night will be at Pony Expresso from 5:30 PM to 7:00 PM this Thursday, and she noted that they are now doing catering; the Yosemite 150th anniversary celebration will be on June 26th at the Fairgrounds; and the Summer Business Expo will be held at the Fairgrounds from 4:00 PM TO 7:00 PM on July 16th. Supervisor Cann and Ms. McCorry discussed the lodging situation in Mariposa relative to the CAL FIRE officers. Board of Supervisors May 27, 2014 Page 6 Board Information G. Supervisor Stetson reported attending: the candidate night at the Yosemite Lodge on Thursday night, and discussed his disappointment with the low turnout; and a meeting with Chevon Kothari and the CAO on Friday regarding Human Services. Supervisor Stetson advised that he will be attending a meeting regarding the Ferguson Slide on Wednesday, June 4th, regarding the aesthetics of the new bridge. Supervisor Jones discussed: the dry fuel conditions and advised people to check on any burns that they have undertaken within the last thirty days to be sure that they are completely out; and the importance of Highway 49 to motorcycle clubs. Supervisor Jones reported attending: a meeting on the 21st with a new business that is opening a Western store in town; an afternoon meeting on the 21st with Human Resources, County Counsel and the CAO, to explore the idea of the County indemnifying for the Pedestrian and Equestrian trails in Lake Don Pedro; and the Greeley Hill School graduation on the 23rd. He also discussed his hope that everyone took a couple of minutes to reflect on the true meaning of Memorial Day and the freedoms that we have in this country. Supervisor Jones advised that the John Muir Festival will be held in Coulterville on the 30th and 31st, and he encouraged everyone to attend. Supervisor Carrier reported that he spent last Thursday, Friday and Saturday backpacking in Yosemite Valley with family members, and noted that they had a great experience. He also expressed his thanks to everyone who has served this country. Supervisor Carrier advised that he will attend: the Wednesday IRWMP meeting; and the Fire Safe Rally on Saturday if it is still held. Supervisor Bibby discussed the Fire Safe Rally, and requested that someone advise via email as to whether it will still be taking place. She also extended congratulations to Robin Shaw Hopper who has been named as the new Mariposa County Unified School District Superintendent; extended her thanks and well wishes to the election and polling place staffs, and noted that the Board does not meet on Election Day because the Chambers is utilized by Elections. Supervisor Bibby reported: that there was no Mother Lode Job Training meeting this last Thursday, as they could not get a quorum; and that she attended the Memorial Day ceremony, and extended her special thanks to all who have served, as well as to their families. Supervisor Bibby advised that she will be attending the LAFCo meeting tomorrow at 11:00 AM; and announced the arrival of her granddaughter, Harper Janelle Bibby, on the 23rd. Supervisor Cann reported: that he had no scheduled meetings last Wednesday and was able to use the time to catch up on matters; and that he attended the agenda review meeting on Thursday with executive staff. He also: reported that he and Supervisor Bibby represented the Board of Supervisors at the VFW Memorial Day ceremony on Saturday, where he had the honor of placing a wreath; discussed placing the wreath, after the ceremony, on the unadorned gravesite of a World War I soldier after being advised by the VFW Commander to take it; discussed his appreciation for Frank Bigelow's presence; and noted that the VFW Commander and Sheriff did outstanding presentations. He also reported visiting with a new western and leather-working business in the backend of the Mariposa Hotel. Supervisor Cann advised that he is booked with meetings all day Wednesday, including meetings with: the Building Department and Human Services regarding the weatherization program; IRWMP; some Grand Jury members regarding how the information from their investigation will be utilized; and the Planning Director regarding a Grand Jury question relative to staff and homeless and code issues. He also discussed the election tabulation process. Regular Agenda Items H. Administration/Economic Development 1. (ID # 3630) Board of Supervisors May 27, 2014 Page 7 Presentation by the Mariposa County High School Multi-Media Department Regarding Partnership with Mariposa County Chamber of Commerce and Local Businesses Tara Schiff/Community Development - Grant Coordinator noted that this presentation was scheduled in response to comments that the multi-media class should be doing commercials, when they have been for over a year; she then introduced Walt Hebern/Mariposa County High School teacher. Supervisor Carrier discussed the quality of the videos that he has seen. Walt Hebern introduced Saige Shafer, Kerissa Morin, and Hannah Schiff, students from the multi-media class; discussed the class and their efforts; and noted that they have completed ten commercials. A commercial for Yosemite Close Up Tours was played. Supervisor Cann inquired if the businesses can use the videos to promote their businesses. Mr. Hebern affirmed. Supervisor Bibby extended her thanks to the students for sharing their work. Public comment opened. Kathy McCorry reported that this class just took First Place in the State for multi- media projects; and presented a donation to Mr. Hebern on behalf of all of the businesses that participated. Public comment closed. Supervisor Carrier noted that this is just one segment of what our High School does; and urged the community to let the High School know the importance of vocational programs. RESULT: PRESENTATION MADE
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Supervisor Carrier inquired if there were any invalid ballots. Chair Cann responded that there were 111 ballots that were signed and not checked either yes or no; 5 unsigned ballots; 10 provisional "yes" ballots; and 26 provisional "no" ballots. Chair Cann thanked Mr. Klingelhofer and his assistant. The Board considered the proposed resolution. No Board or public comment. Chair Cann noted that the Resolution requires a percentage in the third Whereas paragraph and noted that the rate of passage to include was 61%. Supervisor Carrier moved the resolution as requested with the addition of "61" as the percentage rate; seconded by Supervisor Jones, and passed unanimously. 6:51 PM Chair Cann closed the Public Hearing. ADOPTED [UNANIMOUS] RESULT: MOVER: John Carrier, District V Supervisor SECONDER: Merlin Jones, District II Supervisor AYES: Stetson, Jones, Bibby, Cann, Carrier Board of Supervisors May 13, 2014 Page 14 Ρ. Continue Meeting to May 19, 2014 Administration (ID # 3548)
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Sheriff's Office RES-2014-288 Approve Budget Actions Transferring Funding in the CalMMET Fund, Bailiff Fund, and Boating and Safety Budget; and Transferring Funding from the Rural County Crime Prevention (RCCP) Fund to the Sheriff and Jail Budgets to Offset a Portion of the Increases Approved by the Board of Supervisors During Negotiations with the Deputy Sheriffs Association Board of Supervisors June 17, 2014 Page 5 (DSA) and Sheriffs Management Association (SMA) ($66,186) 4/5ths Vote Required RESULT: ADOPTED [4 TO 0] MOVER: John Carrier, District V Supervisor SECONDER: Merlin Jones, District II Supervisor AYES: Lee Stetson, Merlin Jones, Kevin Cann, John Carrier RECUSED: Janet Bibby 9:16 AM Supervisor Bibby returned to the Chambers. Announcement 9:17 AM Chair Cann noted that, given today's schedule, he would like to consider the T.O.T. item at a specific time; remarked that he would like to consider it at 1:15 PM; and inquired if the Board concurred. There was no objection from the Board. E. Board Recognitions

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