Ariposa Ounty

Note: Missing finding numbers detected: F12, F13

Conclusions 13

• CL1 Page 66
  Administration RES-2012-439 Appointment to the Office of the District Attorney Effective November 1, 2012 Chair Bibby advised that after the agenda was published, a letter was received from Attorney Fagalde (supporting the appointment of Thomas “Tom” K. Cooke, and a letter was received from a prospective applicant (Kimberly “Kim” A. Fletcher). Rick Benson advised of Bob Brown/District Attorney’s resignation effective November 1, 2012, and of Bob’s recommendation for the appointment of Tom Cooke; of options for the Board to appoint or recruit; and he advised of the letter of interest in the appointment received from Kim Fletcher. Discussion was held. Steve Dahlem/County Counsel responded to questions relative to options for appointment and the General Election, and he advised of the registered voter requirement at the time of appointment. Discussion was held relative to options for proceeding, and the Board concurred with giving Mr. Cooke and Ms. Fletcher an opportunity to explain why they want the position and to provide information on their qualifications. Tom Cooke advised that he has practiced criminal law for over 30-years and retired from the Merced County District Attorney’s Office, and he reviewed his work history and community service, including involvement with the Rotary Club. He is pro-death penalty and second amendment rights, he is concerned with drug abuse - feels the District Attorney needs to be tough but fair and he supports the Drug Court program. He provided input on how he would deal with any potential conflict issues for cases he has dealt with as a defense attorney. He responded to questions from the Board relative to dealing with the conflict issues; relative to his personnel, AB 109, juvenile case, Brown Act and Grand Jury experience; and whether he plans to make any changes in the office. Kim Fletcher expressed concern with this process, stating she does not feel that she has had the same opportunity as Mr. Cooke to apply for the appointment; and she asked the Board to continue this matter to allow her time to prepare and to get letters of support and for others to apply who may wish to. She expressed concern with the degree of conflict that Mr. Cooke may have with cases and with the possibility that the Attorney General’s Office may charge the Board of Supervisors August 21, 2012 Page 7 County for cases it handles. She advised that she currently lives in Oakhurst but is prepared to become a resident of Mariposa County, and she advised of her work history and of her commitment to the District Attorney’s Office where she has worked since 1995. She is a hard worker and supports law enforcement in taking cases to trial; and she is not political. She responded to questions from the Board relative to her personnel experience, relative to meeting residency and registered voter requirements, whether she would make any changes with AB 109 and any office changes, and relative to her juvenile case and budget experience. The Board recessed at 11:04 a.m. and reconvened at 11:16 a.m. Chair Bibby advised that input from the public would be limited to five minutes each. Rick Benson advised of the requirements that this be a public process. Input from the public was provided by the following: Betty Williams stated Bob and Jo Ann Brown have been personal friends and she understands how much Bob cares who his successor will be. Since he has worked with both candidates for several years and recommending the appointment of Mr. Cooke, she supports that. Ruth Sellers stated she is not acquainted with either of the applicants, but 90-percent of her work career was in management; and after listening to both, she feels that Mr. Cooke is qualified and strongly recommends his appointment. She does not feel that Ms. Fletcher is qualified as she is not a resident at this time. She feels that if Ms. Fletcher is passionate about wanting this position that she should prepare for the election. Frank Dougherty, retired Merced County Superior Court Judge, reviewed his professional background. He advised that as District Attorney for Merced County, he hired both Bob Brown and Tom Cooke as Deputy District Attorneys in the 1980s. He feels that Mr. Cooke did an excellent job and was a great mentor. Larry Morse, Merced County District Attorney, stated he has worked very closely with Tom Cooke since 1993, he is an experienced prosecutor, and he commented on his qualifications. He provided input on the conflict issues and his personal experiences as he comes from a family of lawyers; and he noted he has never been charged by the Attorney General’s Office for handling a case. He has coordinated with neighboring counties when conflict cases arise, and he offered his assistance to Mariposa County. He responded to a question from the Board relative to the handling of conflict resolution in Merced County. Tom Martin, retired Police Commander for Merced Police Department, stated he ranches in Mariposa County. He advised of his work with Tom Cooke and he supports his appointment. Jim Baker, retired Lieutenant from Los Angeles Police Department, resident of Mariposa County, advised of his subsequent private investigator work with Bob Brown and Tom Cooke. He stated Mr. Cooke has integrity and he respects him. Rob Carroll, Chief Deputy District Attorney in Merced, provided input on his family ties to Mariposa County. He commended Tom Cooke for his leadership skills and for his integrity, and he noted that he was President of the Attorneys Union in Merced, and he supports his appointment. Marvin Wells provided input on his background in working with Board of Supervisors August 21, 2012 Page 8 attorneys as President of a large company, as a member of a city council and as a mayor. He advised that he worked with Bob Brown and Tom Cooke and he supports the appointment of Tom Cooke. George Luczy, retired Los Angeles Police Officer, resident of Mariposa County, stated he is currently an independent firearms and explosives consultant. He advised of his work with Larry Morse and Judge Dougherty, and he advised that he has worked for and against Ms. Fletcher. He support the appointment of Tom Cooke based on his qualifications. Bob Brown, Mariposa County District Attorney, provide input on his recommendation to appoint Tom Cooke to succeed him. He advised that they are not only friends, but they share the same philosophies. He advised of his research on the conflict issues, and he noted three other counties where the District Attorney previously served as a public defender. He noted the CHP Commander, the Sheriff, and Judge Walton were here to support the appointment of Mr. Cooke, but had to leave. He responded to a question from the Board as to why it is important not to wait to make a decision on the appointment. Chair Bibby gave each of the candidates an opportunity to respond to the input. Kim Fletcher stated she disagrees that the conflict issue is a small problem, and she provided further comment on this process. Tom Cooke thanked everyone that appeared today to support him and who wrote letters of support. He provided additional input on the conflict issue. Further discussion was held. Supervisor Bibby advised that she previously worked with Ms. Fletcher. Board members thanked both candidates. (M)Allen, (S)Cann, Res. 12-439 was adopted appointing Thomas K. Cooke as Mariposa County District Attorney effective November 1, 2012/Ayes: Unanimous. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Allen, District V Supervisor SECONDER: Kevin Cann, District IV Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen 12:30 p.m. Recess 12:34 p.m. Reconvened 3. Agricultural Commissioner (ID # 1657) Presentation of the 2011 Mariposa County Agricultural Crop & Livestock Report Cathi Boze/Agricultural Commissioner presented the Report. Discussion was held.
• CL2 Page 56
  Human Services/Behavioral Health & Recovery Services RES-2012- 426 PUBLIC HEARING Regarding the Revised Mental Health Services Act (MHSA) Workforce Education Training (WE)T Plan and Approve Submission of the Revised MHSA WET Plan to the State; Authorize the Human Services Director to Sign the Agreement and Any Subsequent Amendments with the State Department of Mental Health (DMH) with Regards to the Revised MHSA WET Plan; and Authorize the Human Services Director to Implement the Activities Within the Revised MHSA WET Plan Jim Rydingsword presented the staff report; and he responded to questions from the Board as to whether any written correspondence was received for the hearing; status of the High School ROP program; relative to the stipend program and whether the stipends are reported to PERS as a benefit, what happen if a participant doesn’t come back to work for the Department after completing the education, whether this program is a common practice throughout the State, and what happens if the conditions of the program are not met including the grade point average. Supervisor Bibby asked that the Board receive a status report on the program. The public portion of the hearing was opened and there was no input. The public portion was closed and the Board commenced with deliberations. The recommended action was approved. Supervisor Bibby asked that the stipends be monitored to determine if there is a continuing need. The hearing was closed. Board of Supervisors August 14, 2012 Page 7 RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Allen, District V Supervisor SECONDER: Kevin Cann, District IV Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen K. Items removed from Consent Agenda None L. Closed Session 7. Administration (ID # 1683) CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee: Service Employees International Union (SEIU) Local 521; Name of County Designated Representative: Richard J. Benson RESULT: ADOPTED [UNANIMOUS] MOVER: Lee Stetson, District I Supervisor SECONDER: Kevin Cann, District IV Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen 8. Administration (ID # 1680) CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee: Mariposa County Managerial and Confidential Organization (MCMCO); Name of County Designated Representative: Richard J. Benson RESULT: ADOPTED [UNANIMOUS] MOVER: Lyle Turpin, District II Supervisor SECONDER: Lee Stetson, District I Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen 9. Administration (ID # 1684) CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee: Sheriffs' Management Association (SMA); Name of County Designated Representative: Richard J. Benson Supervisor Bibby excused herself from the meeting at 11:01 a.m. for action on this closed session and for the next closed session for DSA, and from the portions of the closed session on these matters, due to a potential conflict of interest as her spouse is a member of SMA. Board of Supervisors August 14, 2012 Page 8 RESULT: ADOPTED [UNANIMOUS] MOVER: Lee Stetson, District I Supervisor SECONDER: Kevin Cann, District IV Supervisor AYES: Lee Stetson, Lyle Turpin, Kevin Cann, Jim Allen EXCUSED: Janet Bibby 10. Administration (ID # 1685) CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee: Deputy Sheriffs' Association (DSA); Name of County Designated Representative: Richard J. Benson The Board recessed at 11:02 a.m. and convened in closed session. RESULT: ADOPTED [UNANIMOUS] MOVER: Lee Stetson, District I Supervisor SECONDER: Kevin Cann, District IV Supervisor AYES: Lee Stetson, Lyle Turpin, Kevin Cann, Jim Allen EXCUSED: Janet Bibby M. 11:45 a.m. - Lunch N. 2:02 p.m. Reconvened Report from Closed Session Chair Bibby advised that information was received as a result of item 7/labor negotiations with SEIU and item 8/labor negotiations with MCMCO. Chair Bibby was excused from the meeting at 2:03 p.m. for the following report. Vice-Chair Turpin advised that information was received and direction was given as a result of item 9/labor negotiations with SMA and item 10/labor negotiations with DSA. Chair Bibby returned to the meeting at 2:04 p.m.
• CL3 Page 58
  Planning RES-2012-427 PUBLIC HEARING to Adopt a Resolution Approving Certificate of Compliance No. 2012-073, Lot Line Adjustment No. 2012-074, Land Conservation Act Contract Modification No. 2012-075, and Land Conservation Act Contract Modification No. 2012-076; Finding that the Project is Exempt from the Provisions of the California Environmental Quality Act; Norah Corbett, Trustee and Dennis, Larry and Sandra Bunning, Applicants; Bob DeWitt, Civil Engineer, Agent. the Primary Board of Supervisors August 14, 2012 Page 9 Parcels Involved in the Certificate of Compliance and Lot Line Adjustment Application Include APN 017-170-016, 017-190-005, and 017-190-013. the Land Conservation Contract Modifications Involves APN 017-190-014, 017-200-003, 018-290-019, 018-290-020, and 017-190-009. Action is Based Upon the Planning Commission’s Recommendation and County Resolution No. 10-150 Implementing the Williamson Act, and State Law. Alvaro Arias/Associate Planner presented the staff report; and he advised of a recommended change to add another “whereas” clause to reflect language in the Government Code that allows a contract to be rescinded and a new contract to be simultaneously entered into. He responded to questions from the Board as to whether any additional written input has been received for this hearing; and relative to the location of inserting the additional “whereas” clause in the formal resolution. Sarah Williams responded to a question from the Board as to whether the 80-acre parcel would be eligible for a residence. The public portion of the hearing was opened and input was provided by the following: Bob DeWitt, representing the applicant, stated they have nothing further to add, and he thanked staff for their assistance. Staff responded to Supervisor Turpin and clarified the recommended action. The public portion of the hearing was closed and the Board commenced with deliberations. The recommended action was approved, with the addition of the “whereas” clause as recommended by staff. The hearing was closed. RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Lyle Turpin, District II Supervisor SECONDER: Jim Allen, District V Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen 2:20 p.m. Recess O. 3:00 p.m. Reconvened 1. County Counsel (ID # 1623) Closed Session: Conference with Legal Counsel; Anticipated Litigation; Initiating of Litigation Pursuant to Subdivision (C) of Government Code Section 54956.9; Number of Cases to be Discussed: 1 The Board convened in closed session at 3:04 p.m. Board of Supervisors August 14, 2012 Page 10 RESULT: ADOPTED [UNANIMOUS] MOVER: Lee Stetson, District I Supervisor SECONDER: Jim Allen, District V Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen 4:55 p.m. Report from Closed Session Chair Bibby announced that information was received as a result of the closed session. P. Adjournment The Board adjourned at 4:56 p.m. in memory of Beverly VanBibber, Edna Cico, and Elsie Mae McNally. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board JANET BIBBY Chair, Board of Supervisors M C ARIPOSA OUNTY P.O. Box 784 Mariposa, CA 95338 (209) 966-3222 5100 Bullion Street http://www.mariposacounty.org/ JANET BIBBY, CHAIR DISTRICT III LYLE TURPIN, VICE-CHAIR DISTRICT II LEE STETSON DISTRICT I KEVIN CANN DISTRICT IV JIM ALLEN DISTRICT V MINUTES August 21, 2012 A. Call to Order and Roll Call 9:06 AM Meeting Called to Order at the Mariposa County Government Center Attendee Name Title Status Arrived Lee Stetson District I Supervisor Present 9:06 AM Lyle Turpin District II Supervisor Present 9:06 AM Janet Bibby District III Supervisor Present 9:06 AM Kevin Cann District IV Supervisor Present 9:06 AM Jim Allen District V Supervisor Present 9:06 AM B. Pledge of Allegiance Chair Bibby called for a moment of silence following the Pledge of Allegiance for all of our military personnel - those that serve as well as their families. C. Introductions None D. Approval of Consent Agenda (Items designated by "CA") 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. All items were approved. Board of Supervisors August 21, 2012 Page 2 RESULT: ADOPTED [UNANIMOUS] MOVER: Lee Stetson, District I Supervisor SECONDER: Jim Allen, District V Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen CA1. Human Services/Behavioral Health & Recovery Services RES- 2012-428 Approve an Agreement with Joy McClure, LCSW, to Provide Counseling Services as an Independent Contractor for Mental Health Clients who Have Medicare And/Or Private Insurance in an Amount Not to Exceed of $80,000, and Authorize the Board of Supervisors Chair to Sign the Agreement CA2. Human Services/Behavioral Health & Recovery Services RES- 2012-429 Approve an Agreement with Orchid Interpreting, Inc. to Provide Translation/Interpretation Services for Mariposa County Behavioral Health in an Amount Not to Exceed of $35,000, and Authorize the Board of Supervisors Chair to Sign the Agreement CA3. Human Services/Behavioral Health & Recovery Services RES- 2012-430 Approve an Agreement with Mariposa Safe Families to Provide Parent Partner Program Services for Mariposa County Behavioral Health in an Amount Not to Exceed of $43,650, and Authorize the Board of Supervisors Chair to Sign the Agreement CA4. Probation RES-2012-431 Approve an Agreement Between John C. Fremont Healthcare District and Mariposa County Probation Department for Routine Medical Screening of Detained Juveniles, and Authorize the Board of Supervisors Chair and the Chief Probation Officer to Sign the Agreement CA5. Public Works (ID # 1677) Adjust Ruth Sellers' Representation on the Airport Advisory Committee (AAC) from a Member in Category "C" (General Public) to Category "B" (Resides or Owns Property in the Airport Influence Area); Appoint Michael Austin to the Airport Advisory Committee Representing Category "C" with a Term Expiring on January 4, 2016 CA6. Administration/Economic Development (ID # 1679) An Update on the Mariposa County Revolving Loan Program CA7. Health RES-2012-432 Approve an Agreement with First 5 of Mariposa for the Health Department's Child Dental Health Program, and Authorize the Board of Supervisors Chair to Sign Agreement Board of Supervisors August 21, 2012 Page 3 CA8. Public Works RES-2012-433 Waive the Hiring Moratorium to Allow Public Works - Facilities Maintenance to Promote One Maintenance Worker I to a Maintenance Worker II, and Promote One Custodian to a Maintenance Worker I Effective Immediately; and Approve a Recruitment and Hiring of Two Custodian Positions CA9. Health RES-2012-434 Approve a Grant Agreement with First 5 of Mariposa for the Health Department's Smart Start Nursing Program, and Authorize the Board of Supervisors Chair to Sign the Agreement CA10. Human Services/Fiscal RES-2012-435 Approve Budget Actions for Fiscal Year 2011-2012 in Various Human Services Budgets that Are Necessary to Close Out the Fiscal Year ($263,689). 4/5ths Vote Required CA11. Personnel/Risk Management RES-2012-436 Approve the Fourth Amendment to the Professional Services Agreement with Liebert Cassidy Whitimore to Amend the Not-To-Exceed Amount to $250,000 and Authorize the Chairman of the Board of Supervisors to Sign the Amendment CA12. Administration RES-2012-437 Resolution Continuing the Local Emergency Due to Landslides on Highway 140 Enroute to Yosemite National Park CA13. Administration RES-2012-438 Resolution Continuing the Local Emergency Due to Damages Associated with the Rains in Late December 2010, Including Ben Hur Road E. Minutes Approval 1. Tuesday, August 14, 2012 F. Departmental Presentation For Items within the Jurisdiction of the Board and not on Today's Agenda Dr. Mosher/Health Officer provided input on the recent media stories about the Hantavirus, and he noted the need to take precautions when dealing with areas where the deer mice have been and in cleaning up their dropping. G. Public Presentation For Items within the Jurisdiction of the Board and not on Today's Agenda (Speakers Limited to Five Minutes) Kathy McCorry, Mariposa County Chamber of Commerce Executive Director, advised that the new walking maps are available for Board of Supervisors August 21, 2012 Page 4 Coulterville and she thanked all of the volunteers who were involved in this project; and she advised that the Visitor Center in Coulterville was moved last Tuesday to the Hotel Jeffery and that there have been staffing changes. Supervisor Cann noted the meet and greet scheduled at the Hospital this evening, and Kathy extended an invitation for everyone to attend. Eleanor Keuning advised that she attended the recycling presentation at a recent merchants meeting that was geared to the businesses, and she suggested that there be a presentation to the Board and to the general public. She referred to ongoing maintenance and cleaning issues with the Courthouse, and she stated she feels that there should be regular updates on what is happening with the Courthouse. She presented a newspaper article on “There is no California.” Rick Benson/County Administrative Officer, advised that Public Works is working on obtaining an inspection of the Courthouse and that a full report will be prepared for the Board, and he responded that there is about $250,000 in a fund that can be used for Courthouse maintenance. Peter Rei/Public Works Director advised that they are reviewing the proposals they received from qualified historic building inspectors and they hope to be able to schedule a contract for the Board to approve in mid-September. H. Board Information Supervisor Allen commented on the suggestion of receiving regular updates on the Courthouse. He advised that he has been reviewing the proposed budget for FY 2012-13. He plans to attend the fire station meeting on Thursday, and he noted he invited the Building Director to attend this meeting to review what is needed to get a final on the Don Pedro station. He plans to meet with Supervisor Cann and the Human Services Director and John Lawless on Thursday relative to the DUI program in Mariposa. Supervisor Stetson advised that he met with the Executive Director of the Arts Council on Wednesday; and then he met with Human Services. He noted the Midpines Planning Advisory Committee meeting has been cancelled for this evening. He plans to attend the fire station meeting on Thursday. He advised that he is rewriting the YARTS Advisory Committee’s by- laws to reflect the change in the number of commissioners. Supervisor Cann agreed with the public comment about getting regular updates on the Courthouse for the public, and he suggested that the updates be given monthly. He attended the RCRC (Regional Council of Rural Counties) meeting on Wednesday and he commented on the number of initiatives that are on the November ballot. Then he flew to Pennsylvania for a family wedding. He noted the IRWMP is meeting on Wednesday and Thursday, there will be presentations on various aspects of the process, and they were successful in obtaining a grant. He plans to meet with Congressman Tom McClintock on Wednesday in Granite Bay on the legislation that would allow Board of Supervisors August 21, 2012 Page 5 the Park Service to build a visitor center and expand administrative services in Mariposa. He plans to meet with the Executive Director of the Arts Council on Thursday, and then with the Human Services Director on the DUI program. He noted the Final Budget Hearing is scheduled for next week, with an opportunity for the public to provide input on Monday at 6:00 p.m. Supervisor Turpin thanked the Chamber of Commerce for relocating the Visitor Center in Coulterville; and he noted the Coulterville Park has been busy and well used. He received several phone calls last week relative to various issues, including street lights, brush along the roads, and road improvements. As he crossed Bagby this morning, he noticed that the River is too low to launch boats. He referred to the crop report scheduled for today and he noted the importance of livestock and mining to the economy of this nation. He noted the importance of logging and that it is a renewal resource; that the materials that come from mining are being used on road projects such as the Highway 132 grind out/maintenance project. He referred to the report of problems with mountain lions attacking livestock in North County and noted the need for predator control. He advised that he looks forward to the Final Budget Hearing next week and he appreciates the work staff put into this. In closing, he stated he agrees with supporting tourism, but there are other parts of our economy that need to be remembered. Supervisor Bibby advised that Public Works and the Health Department have been working to resolve the complaints relative to the odors at the landfill. She met with Supervisor Stetson and the Human Services on August 15th relative to providing clinician services. She attended the Calaveras- Mariposa Community Action Agency meeting on August 17th, and they discussed issues such as insufficient food, the inability of seniors to cover dental care and transportation concerns. She noted the Final Budget Hearing starts on Monday, and she asked the County Administrative Officer to provide an update. She plans to attend the Mother Lode Job Training meeting in Sonora on Monday. She plans to meet with County Fire on August 22nd relative to their budget, and she cautioned the public to be very careful due to the extreme fire danger. She plans to meet with the Executive Director of the Arts Council on August 22nd. She provided a reminder that school starts on Wednesday and for drivers to be cautious of the students, and for the students to be courteous to the drivers. Rick Benson advised that the proposed Final Budget for FY 2012-13 is posted on the internet - www.mariposacounty.org. I. Regular Agenda Items 1. Administration/Economic Development (ID # 1652) Accept a Grant Award in the Amount of $5,000 from Pacific Gas & Electric Company for the Repair/Upgrade of Lighting at the County’s Tennis Court Board of Supervisors August 21, 2012 Page 6 Area, Senior Wood Delivery Program; Material for the Great River Clean- Up; And, Administrative Costs Rick Benson advised of the correct breakdown of the grant funding for the projects: $2,500/tennis court lighting, $2,000 senior wood delivery program, $100/Mariposa Creek Parkway cleanup, and $400/administration. Marilyn Lidyoff/Business Development Coordinator introduced Richard Dye/PG&E Public Relations representative. Board members thanked Mr. Dye and PG&E for the grant funds, for communication during power outages, and Supervisor Cann noted he has been working with PG&E on the lights in town. (M)Cann, (S)Turpin, the grant funds were accepted/Ayes: Unanimous.
• CL4 Page 44
  Board of Supervisors (ID # 1646) Approve the Revised Water Agency Advisory Board Agenda Procedure Chair Cann initiated discussion relative to the
• CL5 Page 42
  Tuesday, July 24, 2012 F. Departmental Presentation Board of Supervisors August 7, 2012 Page 4 For Items within the Jurisdiction of the Board and not on Today's Agenda Doug Binnewies/Sheriff advised of the passing of Bill Peters/SCOPE member, and he advised that they will be retiring his radio number. G. Public Presentation For Items within the Jurisdiction of the Board and not on Today's Agenda (Speakers Limited to Five Minutes) Marvin Wells asked Supervisor Cann to provide a status report on AB 29/SRA (State Responsibility Area) fees, and he asked Supervisor Stetson to justify the SRA approval process. He asked Supervisor Cann about the status of obtaining an autograph from Smokey the Bear. Chair Bibby noted that CalFIRE is scheduled to give a presentation on the SRA fees on August 14th. Marvin advised of a story by a local resident/Grace Garmon in the Country magazine on Mariposa and a story on John Muir and Yosemite. Kathy McCorry/Executive Director of the Chamber of Commerce and Visitor Centers advised of the recent visitor statistics, noted she will be report in two weeks on the move and changes in Coulterville, stated the trolley is popular, they are continuing with the Mariposa Experience Passport program, advised of the formation of a Chamber Business Alliance committee, and advised they met with Tourism Bureau and welcomed Terry Selk on Monday. Terry Selk noted he is looking forward to working with the Chamber. H. Board Information Supervisor Cann responded to input provided by Marvin Wells, and he noted that the previous Tourism Bureau Executive Director worked with writers to get these kinds of stories to advertise the County; and he provided an update from RCRC on the SRA fees - more information can be found at www.firepreventionfee.org. He noted that there wasn’t a Board meeting last week as it was a fifth Tuesday. He and Supervisor Allen met with a cross section of department heads on various issues. He met with the neighboring property owners to the Pizza Factory on their conceptual design for development. He worked to help mediate traffic study requirements by CalTrans for the new True Value Hardware store. He attended the IRWMP meeting on Thursday, and noted the upcoming meetings on August 22 and 23rd. He attended the downtown merchants meeting. He attended a meeting with the Chamber of Commerce and the Tourism Bureau on Monday relative to operation of the visitor centers. Supervisor Turpin commented on his trip to Mariposa this morning - he waited for a doe and her fawns to cross the road, passed three loads of logs and the County transit bus, there is a major overlay project on Highway 49 North, and he commented on the water level at Bagby. He attended Board of Supervisors August 7, 2012 Page 5 the Coulterville Planning Advisory Committee meeting on Thursday; and he attended a meeting with the Public Works Director on road issues. The Coulterville Community Club is meeting this evening. He referred to the Consent Agenda items and agreed with the need for careful budget monitoring. Supervisor Allen commented on a memo from the County Administrative Officer relative to the status of the recommended budget, and he noted that the Final Budget hearing starts on August 27th. He and Supervisor Cann met with department heads and discussed items for the betterment of the County. He attended the Mt. Bullion Volunteer Fire Station breakfast on Saturday; and he commended the communities for what they do. He met with MPUD, County Fire and the Public Works Director last Monday relative to the new Squad 22. He plans to attend the Mountain Valley Emergency Medical Services Agency meeting in Copperopolis on Wednesday. He attended the fire station meeting a couple of weeks ago and commented on the status of the new stations. He noted that extreme water conservation measures have been implemented in Wawona. Supervisor Stetson advised that he attended the open house at new Health Department Office on Friday. He plans to meet with the Public Works Director and residents of Yosemite West on Wednesday relative to jurisdictional burn pile issues; attend the fire station meeting and the Bear Creek Trail group meeting on Thursday. The Midpines Planning Advisory Committee is meeting next Tuesday at 7:00 p.m. He responded to Marvin Wells’ question relative to the SRA approval process and advised that he joined the Board in opposition to this. Supervisor Bibby advised that she attended a meeting on July 25th relative to the landfill operation. She complimented the Mariposa Playhouse on the Peter Pan play. She attended the Mental Health governing board meeting on August 2nd, the Health Department open house on August 3rd, and she plans to attend the First 5 meeting on August 13th. I. 9:46 a.m. 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) - none
• CL6 Page 46
  Public Works RES-2012-413 PUBLIC HEARING Regarding the Report of Delinquent Fees and Approval to Add Delinquent Fees to the Appropriate Property Tax Roll for Collection Pete Rei presented the staff report; and he responded to questions from the Board relative to interest and penalties occurring on the delinquent fees; whether any written information was received for this hearing; relative to notification of the fees; clarification of the total delinquent assessments for Coulterville; and relative to the history of delinquent accounts. The public portion of the hearing was opened and there was no input. The public portion of the hearing was closed and the Board commenced with deliberations. The recommended action was approved, and the hearing was closed. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Allen, District V Supervisor SECONDER: Lyle Turpin, District II Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen
• CL7 Page 46
  Planning ORD-2012-1090 Waive the Second Reading and Adopt an Ordinance Amending Chapters 17.66, 17.108, 17.148, 17.320 17.324, 17.334 and 17.336 of the Mariposa County Code Pursuant to General Plan/Zoning Amendment No. 2011-068; County of Mariposa, Proponent Chair Bibby read the title of the Ordinance into the record. Sarah Williams/Planning Director advised of the recommended action, and she responded to a question from Supervisor Turpin relative to this action. Board of Supervisors August 7, 2012 Page 8 RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Cann, District IV Supervisor SECONDER: Lee Stetson, District I Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen
• CL8 Page 47
  Board of Supervisors RES-2012-414 Authorize an Additional $10,000 Contribution to the Economic Development Corporation of Mariposa County (EDC) for the Services of the Townsend Group; Approve the First Amendment to the Agreement with EDC Increasing the Compensation to $40,000 and Authorize the Chairman of the Board of Supervisors to Sign the Amendment. Supervisor Cann initiated discussion relative to the request. Chair Bibby advised of the additional correspondence that was received. Input from the public was provided by the following: Roger Biery/President of the EDC (Economic Development Corporation) responded to the discussion on their use of the Economic Development Coordinator’s time. Speaking as a taxpayer, he supports the expertise that Townsend provides; he noted the CSED projects; and he asked that the County fund the retainer for the entire year for next year. Marilyn Saunders, speaking as a member of the crosswalk/sidewalk committee, commended everyone that was involved in obtaining the sidewalk grant; and she noted Townsend’s assistance and that their funding for this project came from the Public Works budget. Ron Iudice stated he is generally not in favor of consultants; but be feels the County should invest in retaining Townsend and should continue to fund the retainer for next year. Discussion was held. County Counsel clarified the request for the contract extension; and Supervisor Cann clarified that the cost to retain Townsend is $5,000 a month. Pete Rei clarified that the $10,000 for the sidewalk grant came from Transit funds. (M)Stetson, (S)Cann, direction was given to provide the additional $10,000 to Townsend. Rick Benson/County Administrative Officer provided input on the motion, suggesting that the amendment of the agreement with the EDC be approved and that $10,000 be transferred from General Contingency for the FY 2011-12 budget. The motion was amended accordingly, agreeable with the maker and second. Further discussion was held. Mary Hodson/Deputy County Administrative Officer advised that action can not be taken to appropriate funds at this time as that was not a part of the request. The motion was withdrawn by the maker, agreeable with the second. (M)Cann, (S)Stetson, the requested action was approved. Board of Supervisors August 7, 2012 Page 9 RESULT: ADOPTED AS AMENDED [4 TO 1] MOVER: Kevin Cann, District IV Supervisor SECONDER: Lee Stetson, District I Supervisor AYES: Lee Stetson, Lyle Turpin, Kevin Cann, Jim Allen NAYS: Janet Bibby L. Items removed from Consent Agenda F. Public Works (ID # 1607) Appoint Michael Austin to the Airport Advisory Committee (AAC) with a Term Expiring on January 4, 2016 RESULT: WITHDRAWN G. Health (ID # 1627) Approve Budget Action for Fiscal Year 2011-12 Increasing Revenue and Appropriations in the Certified Unified Program Agencies (CUPA) Underground Storage Tank (UST) Fund and Transferring the Funding to the Health Operating Budget ($3,390), 4/5ths Vote Required RESULT: WITHDRAWN M. Closed Session
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  Administration (ID # 1683) CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee: Service Employees International Union (SEIU) Local 521; Name of County Designated Representative: Richard J. Benson RESULT: ADOPTED [UNANIMOUS] MOVER: Lee Stetson, District I Supervisor SECONDER: Kevin Cann, District IV Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen
• CL10 Page 48
  County Counsel (ID # 1654) Closed Session Conference with Legal Counsel; Anticipated Litigation; Significant Exposure to Litigation Pursuant to Subdivision (B) of Government Code Section 54956.9 RESULT: WITHDRAWN
• CL11 Page 48
  Administration (ID # 1653) CLOSED SESSION: Public Employee Employment Title or Position to be Filled: (Government Code Section 54957 (B) (1); Clerk of the Board The closed session was held at 12:14 p.m. RESULT: ADOPTED [UNANIMOUS] MOVER: Lee Stetson, District I Supervisor SECONDER: Jim Allen, District V Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen 12:55 p.m. Report from Closed Session: Chair Bibby announced that information was received as a result of the closed session. N. 12:56 p.m. - Lunch Board of Supervisors August 7, 2012 Page 10 O. 2:01 P.M. Reconvened
• CL12 Page 49
  Planning RES-2012-415 Adopt Resolutions of Intention to Initiate the Formal Sign Code Amendment Process. Sign Code Changes Are Proposed to Title 17 of the Mariposa County Code and to Sign Provisions in the Mariposa Town Plan, Specifically the Historic and Design Review Overlay Districts. Code Changes Include Regulations for Community Informational Signs, Way Finding and Temporary Signs, Size Limitations, and Enforcement Damon Golubics/Senior Planner presented the staff report. Supervisor Turpin asked about the status of the signs off of Highway 49 North, signs for the Jeffrey Hotel and the Greeley Hill Market, use of sandwich board signs in Coulterville, off-site signs for churches and businesses in Greeley Hill, and the Forest Service fire prevention signs. Supervisor Bibby advised of a typographical error on page 312 in the packet - “of” should be “if”; and she asked for clarification of the language on page 314 relative to the additional 32- square feet when natural materials are not used - it was clarified that the language should be changed to reflect “shall not be allowed.” Sarah Williams advised of a correction on page 303, item “g” wayfinding signs should be “gateway.” Supervisor Cann responded to Supervisor Turpin’s questions relative to signs that have been in place prior to 1991 and relative to using wayfinding signs versus off-site signs. Sarah Williams responded to Supervisor Turpin’s remaining questions. (M)Cann, (S)Allen, to approve the two resolutions with the noted corrections, was withdrawn by the maker, agreeable with the second, to allow for further discussion. Discussion was held relative to enforcement. (M)Cann, (S)Allen, Res. 12-415a was adopted initiating the formal sign code amendment process to Title 17; and Res. 12-415b was adopted initiating the formal sign code amendment process to the Mariposa Town Plan; with the three corrections as noted/Ayes: Unanimous. RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Kevin Cann, District IV Supervisor SECONDER: Jim Allen, District V Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen P. Adjournment The Board adjourned at 2:40 p.m. in memory of Lynne Robinson/former County Clerk, Delores Tuttle, and Bill Peters. Respectfully submitted, Board of Supervisors August 7, 2012 Page 11 MARGIE WILLIAMS Clerk of the Board JANET BIBBY Chair, Board of Supervisors M C ARIPOSA OUNTY P.O. Box 784 Mariposa, CA 95338 (209) 966-3222 5100 Bullion Street http://www.mariposacounty.org/ JANET BIBBY, CHAIR DISTRICT III LYLE TURPIN, VICE-CHAIR DISTRICT II LEE STETSON DISTRICT I KEVIN CANN DISTRICT IV JIM ALLEN DISTRICT V MINUTES August 14, 2012 A. Call to Order and Roll Call 9:02 AM Meeting Called to Order at the Mariposa County Government Center Attendee Name Title Status Arrived Lee Stetson District I Supervisor Present 9:02 AM Lyle Turpin District II Supervisor Present 9:02 AM Janet Bibby District III Supervisor Present 9:02 AM Kevin Cann District IV Supervisor Present 9:02 AM Jim Allen District V Supervisor Present 9:02 AM B. Pledge of Allegiance Chair Bibby noted that there are numerous fires occurring and she called for a moment of silence for the firefighters and their families, especially for the recent loss of a firefighter. C. Introductions None D. Approval of Consent Agenda (Items designated by "CA") 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. Board of Supervisors August 14, 2012 Page 2 Sarah Williams/Planning Director responded to a question from Supervisor Cann relative to item 6 and the zoning amendment for churches, and she advised that she is preparing a response to the Grand Jury Report. Peter Rei/Public Works Director responded to a question from Supervisor Turpin relative to item 2 and consideration of what the next step will be. Rick Benson/County Administrative Officer responded to a question from Supervisor Bibby relative to item 6 and the process for preparing the response. Supervisor Bibby referred to item 9 and noted that the job description for the position describes the duties, and she suggested that there be an addition to reflect that supervision is under the County Administrative Officer. All items were approved. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Allen, District V Supervisor SECONDER: Lyle Turpin, District II Supervisor AYES: Stetson, Turpin, Bibby, Cann, Allen CA1. Planning RES-2012-416 Approve Recruitment and Filling of the Deputy Planning Director Position, Pursuant to Resolution 2012-386 Effective Immediately CA2. Public Works RES-2012-417 Reject the One Response to the Request for Proposals (RFP) for Landfill Operations CA3. Public Works RES-2012-418 Approve an Agreement with Cascade Software Systems, Inc. in the Not-To- Exceed Amount of $11,496.71 for Maintenance and Support for Fiscal Year 2012-13, and Authorize the Public Works Director to Sign the Agreement CA4. Human Services/Social Services RES-2012-419 Authorize the Human Services Department to Fill a Vacant Social Worker IV Position in the Social Services Budget Effective 8/21/2012 CA5. Public Works RES-2012-420 Approve the First Amendment with Palmer Tractor Extending the Contract Term to December 31, 2012, for Site Work Performed at the Midpines Fire Station; and Authorize the Public Works Director to Sign the Amendment CA6. Administration RES-2012-421 Board of Supervisors August 14, 2012 Page 3 Approve the Comments of the Board of Supervisors to the Findings Contained in the 2011-2012 Mariposa County Grand Jury Final Report that Were Directed to the Board of Supervisors and Authorize the Chairman of the Board of Supervisors to Sign the Cover Letter for the Comments CA7. Board of Supervisors (ID # 1658) Proclaim the Month of September, 2012, as "Childhood Cancer Awareness Month" CA8. Administration RES-2012-422 Adopt a Resolution Electing to Receive the Full County Payment Under the Reauthorization of the Secure Rural Schools and Community Self- Determination Act and of the Full County Payment to Allocate 8-Percent to Title II Projects and 7-Percent to Title III Projects CA9. Administration RES-2012-423 Approve the Description of the Economic Development Office Responsibilities CA10. Administration RES-2012-424 Resolution Continuing the Local Emergency Due to Landslides on Highway 140 Enroute to Yosemite National Park CA11. Administration RES-2012-425 Resolution Continuing the Local Emergency Due to Damages Associated with the Rains in Late December 2010, Including Ben Hur Road E. Presentations
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  1. Tuesday, July 10, 2012

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