BOARD OF SUPERVISORSCOUNTY OF TUOLUMNE

October 7, 20149:00 a.m.

The Board of Supervisors of the County of Tuolumne, State of California, met inregular session on the foregoing date with Supervisors: Evan Royce, Chair; JohnL. Gray, Vice Chair; Sherri Brennan; Randy Hanvelt; and Karl Rodefer. Also presentwere Craig Pedro, County Administrator; Sarah Carrillo, County Counsel; and AliciaJamar, Chief Deputy Clerk of the Board.

Absent: None

Supervisor Karl Rodefer led the Pledge of Allegiance.

Oral Communications (15 minutes)

Margie Bulkin, Deputy Superintendent of Schools, addressed the Board and invitedeveryone to walk to support fit for the future and family fitness program.

Susan Lipscum and Elizabeth Rush addressed the Board and requested a salaryincrease for in home supportive services workers.

Suzane Greenwood, Infant/Child Enrichment Services, Inc. (ICES), addressed theBoard on an childcare services in Tuolumne County.

Jeanne Higgins, Forest Supervisor, addressed the Board.

Deborah Bautista, County Clerk and Auditor-Controller, addressed the Board andannounced the upcoming election activities.

S. Todd Stolp, Health Officer, addressed the Board and announced the upcominghealth fair.

Supervisor Hanvelt announced that Mike Albrecht recently received the NationalLogger Activist Award.

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Consent Calendar

It was moved by Supervisor Rodefer, seconded by Supervisor Hanvelt, and carriedby unanimous vote, to approve Consent Calendar.

1. Minutes of the meeting held September 2, 2014.

2. Approving revisions to the Deputy Agricultural Commissioner/Sealers ofWeights and Measures Class Specification.

3. Adopting Resolution No. 92-14, approving the vacation and removal from theCounty Maintained Road System of excess Public Road and UtilityEasement, being a portion of Old Mono Road fronting Lot 25 of Cold SpringsUnit One, and reserve therefrom a 10-foot wide Public Utility Easement alongthe west side for Arthur and Jennifer Nunes.

4. Adopting Resolution No. 93-14, approving the vacation and removal from theCounty Maintained Road System of excess Public Road and UtilityEasement, being a portion of Old Mono Road fronting Lot 209 of ColdSprings Unit 3-B for Timothy and Holley Coppetti.

5. Consideration of approving correspondence in support of HR 4886, theNational Forest System Trails Stewardship Act.

6. Approving the Conflict of Interest Code and amendment for the TuolumneCity Sanitary District.

7. Approving the appointment of Catherine Driver to the Tuolumne CountyCommission on Aging for a term to expire December 31, 2017.

8. Approving the reappointment of Ed Sunday to the Tuolumne County AirportLand Use Commission for a term to expire May 1, 2018.

9. Accepting the resignation of Judy Finley on the Area 12 Agency on AgingAdvisory Committee and directing the Clerk of the Board of Supervisors tosend a letter of appreciation and post a notice of vacancy.

10. Adopting a Resolution No. 94-14, declaring October, 2014 as Arts andHumanities month in Tuolumne County.

The Board considered adopting a Resolution proclaiming October 5-11, 2014 adNational 4-H Week in Tuolumne County.

Melanie Curtis, 4-H Youth Development, presented the staff report and respondedto questions.

Sydney Jones and Garrett Rebelo 4-H All Stars addressed the Board.

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The Board thanked the All Stars.

It was moved by Supervisor Hanvelt, seconded by Supervisor Rodefer, and carriedby unanimous vote, to adopt the following Resolution.

Resolution No. 95-14Proclaiming October 5-11, 2014 ad National 4-H Week in Tuolumne County.

The Board heard a presentation of County service award to Craig Pedro, CountyAdministrator.

Maureen Frank, Deputy County Administrator, addressed the Board andcommending Mr. Pedro.

The Chair presented Mr. Pedro with a County Service Award for 30 years of service.

Mr. Pedro thanked the Board.

The Board members congratulated Mr. Pedro.

No action was required.

The Board considered recognizing unanticipated revenue from the MicrographicsTrust Fund in the amount of $29,083 with an offsetting increase in the Recorder'sModernization budget to contract with vendor to perform the necessary services.

Ken Caetano, Assessor-Recorder, presented the staff report, announcing a 4/5thvote is required and responded to questions.

It was moved by Supervisor Gray, seconded by Supervisor Brennan, and carried byunanimous vote, to recognize unanticipated revenue from the Micrographics TrustFund in the amount of $29,083.00 with an offsetting increase in the Recorder'sModernization budget to contract with vendor to perform the necessary services.

The Board considered approving Amendment #2 to the existing Agreement with BMIImaging Systems, Inc. to complete the processing of microfilm to digital images.

Mr. Caetano presented the staff report.

It was moved by Supervisor Rodefer, seconded by Supervisor Gray, and carried byunanimous vote, to approve Amendment #2 to the existing Agreement with BMIImaging Systems, Inc. to complete the processing of microfilm to digital images,authorizing the Chair to sign.

The Board considered approving correspondence on the distribution of Cap and

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Trade Auction proceeds to rural counties.

Vicki Helmar, Agricultural Commissioner/Animal Control Director, presented the staffreport and responded to questions.

It was moved by Supervisor Rodefer, seconded by Supervisor Brennan, and carriedby unanimous vote, to approve correspondence on the distribution of Cap and TradeAuction proceeds to rural counties with noted changes, authorizing the Chair to sign. The Board considered recognizing unanticipated revenue in the amount of $142,358from the CalWORKs Housing Support Program and increasing appropriations to the Social Services Administration cost center in the same amount, for rapid rehousing.

Michelle Clark, Supervisor, presented the staff report, announced that a 4/5th voteis required and responded to questions.

Beetle Barbour, of Amador-Tuolumne Community Action Agency (ATCAA),responded to questions.

It was moved by Supervisor Rodefer, seconded by Supervisor Hanvelt, and carriedby unanimous vote, to recognize unanticipated revenue in the amount of $142,358from the CalWORKs Housing Support Program and increasing appropriations to the Social Services Administration cost center in the same amount, for rapid rehousing.

The Board considered approving an Agreement between the Tuolumne CountyDepartment of Social Services and the Amador-Tuolumne Community ActionAgency for the CalWORKs Housing Support Program in the amount of $140,000.

Ms. Clark presented the staff report and responded to questions.

It was moved by Supervisor Rodefer, seconded by Supervisor Hanvelt, and carriedby unanimous vote, to approve an Agreement between the Tuolumne CountyDepartment of Social Services and the Amador-Tuolumne Community ActionAgency for the CalWORKs Housing Support Program in the amount of $140,000,authorizing the Chair to sign.

The Board considered adopting a resolution continuing the Local State ofEmergency as required by the California Emergency Services Act Article 14§8630(c).

Tracie Riggs, Deputy County Administrator and Robert Kostlivy, Director ofEnvironmental Health, presented the staff report and responded to questions.

Ms. Helmar responded to questions.

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It was moved by Supervisor Rodefer to adopt the following resolution.

Ms. Helmar addressed the Board.

Supervisor Hanvelt seconded the motion and carried by unanimous vote to adoptthe following Resolution.

Resolution No. 96-14Continuing the Local State of Emergency due to drought conditions in TuolumneCounty.

The Board recessed at 10:21 a.m. and reconvened at 10:36 a.m.

The Board considered approving correspondence to Senator Tom Berryhill andAssemblyman Frank Bigelow requesting them to introduce urgency legislation tomove the $22.7 million from the Assembly Bill 900 - Phase I program to the Assembly Bill900 - Phase II program to secure Jail funding for both Tuolumne County andSiskiyou County.

Mr. Pedro presented the staff report and responded to questions.

It was moved by Supervisor Rodefer, seconded by Supervisor Hanvelt, and carriedby unanimous vote, to approve correspondence to Senator Tom Berryhill andAssemblyman Frank Bigelow requesting them to introduce urgency legislation tomove the $22.7 million from the Assembly Bill 900 - Phase I program to theAssembly Bill 900 - Phase II program to secure Jail funding for both TuolumneCounty and Siskiyou County, authorizing the Chair to sign.

The Board considered adopting a Resolution in support of Proposition 1, the StateWater Bond.

Daniel Richardson, Deputy County Administrator, presented the staff report andresponded to questions.

Discussion ensued.

It was moved by Supervisor Rodefer, seconded by Supervisor Brennan, and carriedby unanimous vote, to adopt the following Resolution.

Resolution No. 97-14Supporting Proposition 1, the State Water Bond.

The Board considered approving correspondence in opposition to the changes tothe definition of "Waters of the United States" under the Clean Water Act.

Mr. Richardson presented the staff report and responded to questions.

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It was moved by Supervisor Rodefer, seconded by Supervisor Hanvelt, and carriedby unanimous vote, to approve correspondence in opposition to the changes to thedefinition of "Waters of the United States" under the Clean Water Act, authorizingthe Chair to sign, and direct staff to continue to monitor the issue.

The Board considered approving correspondence supporting HR 5078, the Watersof the United States Regulatory Overreach Protection Act of 2014.

Mr. Richardson presented the staff report and responded to questions.

It was moved by Supervisor Rodefer, seconded by Supervisor Gray, and carried byunanimous vote, to approve correspondence supporting HR 5078, the Waters of theUnited States Regulatory Overreach Protection Act of 2014, authorizing the Chairto sign.

The Board considered approving correspondence in support of Tri-Dam's grantproposal for the Quagga and Zebra Mussell program.

Mr. Richardson presented the staff report and responded to questions.

It was moved by Supervisor Gray, seconded by Supervisor Brennan, and carried byunanimous vote, to approve correspondence in support of Tri-Dam's grant proposalfor the Quagga and Zebra Mussell program, authorizing the Chair to sign.

The Board considered approving an Urgency Ordinance amending the Contract withthe Board of Administration of the California Public Employees' Retirement Systems (PERS) to implement a share of Cost for Classic members of the PERSMiscellaneous Contract.

Ann Fremd, Human Resources/Risk Manager, presented the staff report andresponded to questions.

The Board thanked staff.

It was moved by Supervisor Brennan, seconded by Supervisor Hanvelt, and carriedby unanimous vote, to adopt the following Urgency Ordinance

Ordinance No. 3259Authorizing the Amendment of the Contract with the Board of Administration of theCalifornia Public Employees' Retirement Systems (PERS) to implement a share ofCost for Classic members of the PERS Miscellaneous Contract.

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The Board considered rescinding Resolution No. 83-14 and adopting a Resolutionrevising the Amendment to the 2013-2015 Memorandum of Understanding for the Attorney Unit.

Ms. Fremd presented the staff report and responded to questions.

It was moved by Supervisor Hanvelt, seconded by Supervisor Rodefer, and carriedby unanimous vote, to adopt the following Resolution.

Resolution No. 98-14Rescinding Resolution No. 83-14 and adopting a Resolution revising theAmendment to the 2013-2015 Memorandum of Understanding for the Attorney Unit.

The Board considered adopting a Resolution adjusting the Elected Officials Salaries.

Ms. Fremd presented the staff report and responded to questions.

It was moved by Supervisor Brennan, seconded by Supervisor Gray, and carried byunanimous vote, to adopt the following Resolution.

Resolution No. 99-14Adjusting the Elected Officials Salaries.

The Board considered a first reading of an Ordinance amending Section 2.52.010of the Tuolumne County Ordinance Code increasing the salary of members of the Board of Supervisors.

Ms. Fremd presented the staff report and responded to questions.

It was moved by Supervisor Gray, seconded by Supervisor Rodefer, and carried byunanimous vote, to waive the first reading and introduce an Ordinance amendingSection 2.52.010 of the Tuolumne County Ordinance Code increasing the salary ofmembers of the Board of Supervisors, setting second reading for October 21, 2014.

The Board considered a first reading of an ordinance amending sections of Chapter1.10 of the Tuolumne Ordinance Code related to the code compliance officer, timefor prosecution, penalty waivers, the code compliance trust fund, statute oflimitations, permitting restrictions and clarifying code compliance procedural timeframes.

Carlyn Drivdahl, Deputy County Counsel, presented the staff report and respondedto questions.

Doug Oliver, Chief Building Official, responded to questions.

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It was moved by Supervisor Hanvelt, seconded by Supervisor Rodefer, and carriedby unanimous vote, to waive the first reading and introduce an Ordinance amendingsections of Chapter 1.10 of the Tuolumne Ordinance Code related to the codecompliance officer, time for prosecution, penalty waivers, the code compliance trustfund, statute of limitations, permitting restrictions and clarifying code complianceprocedural time frames, setting second reading for October 21, 2014.

The Board considered referring an ordinance amending Title 17 of the TuolumneCounty Ordinance Code to implement the Housing Element of the Tuolumne CountyGeneral Plan to the Tuolumne County Planning Commission for recommendation.

Mike Laird, Deputy Community Services Agency Director-Community Services,presented the staff report and responded to questions.

It was moved by Supervisor Gray, seconded by Supervisor Brennan, and carried byunanimous vote, to refer an ordinance amending Title 17 of the Tuolumne CountyOrdinance Code to implement the Housing Element of the Tuolumne CountyGeneral Plan to the Tuolumne County Planning Commission for recommendation.

The Board considered determining if an ordinance should be adopted at this timeto regulate noise in the unincorporated area of Tuolumne County and providingdirection Regarding the scope and content of the ordinance.

Beverly Shane, Community Resource Agency Director, presented the staff reportand responded to questions.

It was moved by Supervisor Rodefer, seconded by Supervisor Gray, and carried byunanimous vote, to abandon the pursuit of a noise ordinance at this time.

The Board considered referring proposed amendments to Title 17 of the TuolumneCounty Ordinance Code to the Tuolumne County Planning Commission forrecommendation. The proposed amendments would add provisions to allowkeeping of poultry in the R-1 (Single-Family Residential) zoning district.

Mr. Laird presented the staff report and responded to questions.

Discussion ensued.

Ms. Helmar addressed the Board and proposed the minimum acreage for chickens.

Discussion ensued.

Ms. Shane and Ms. Helmar responded to questions.

Joan Gorsich addressed the Board.

It was moved by Supervisor Rodefer, seconded by Supervisor Hanvelt to refer the

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proposed amendments to Title 17 of the Tuolumne County Ordinance Code to theTuolumne County Planning Commission for recommendation. The proposedamendments would add provisions to allow keeping of poultry in the R-1(Single-Family Residential) zoning district.

Ms. Helmar addressed the Board and responded to questions.

Supervisor Rodefer amended the motion, seconded by Supervisor Hanvelt, andcarried by 4 -1 vote, with Supervisor Gray dissenting, to refer the proposedamendments to Title 17 of the Tuolumne County Ordinance Code to the TuolumneCounty Planning Commission for recommendation. The proposed amendmentswould add provisions to allow keeping of poultry in the R-1 (Single-FamilyResidential) zoning district and include the restrictions of 2 chickens for 1/2 acre orless, 4 chickens for 1 acre and 6 chickens for over 1 acre, and no turkeys on lessthan 1 acre lot.The Board heard a presentation of the Tuolumne County Visitor's Bureau Annualreport.

Nanci Sikes, Executive Director of the Tuolumne County Visitor's Bureau presentedthe annual report and responded to questions.

Lisa Mayo incoming Executive Director, continued with the report.

Mr. Pedro addressed the Board and requested consideration of adding anon-agendato consider approving a Certificate of Recognition for Nanci Sikeshonoring her commitment to tourism in Tuolumne County upon her retirement.

It was moved by Supervisor Hanvelt, seconded by Supervisor Rodefer, and carriedby unanimous vote, to approve the finding that the matters arose subsequent to theposting of the agenda and are of sufficient urgency to be heard today, and thematters were placed on the agenda.

The Board considered approving a Certificate of Recognition for Nanci Sikes uponher retirement.

It was moved by Supervisor Gray, seconded by Supervisor Brennan, and carried byunanimous vote, to approve the Certificate of Recognition for Nanci Sikes honoringher commitment to tourism in Tuolumne County upon her retirement.

The Chair presented Ms. Sikes a Certificate of Recognition and a plaquerecognizing her retirement.

Ms. Sikes thanked the Board.

The Board recessed at 12:10 p.m. and reconvened as the Air Pollution ControlDistrict at 1:30 p.m.

The Board heard a public hearing to consider adopting the Air Pollution ControlDistrict 2014/15 Budget.

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Ms. Helmar presented the staff report and responded to questions.

The public hearing was declared open.

No one wished to speak, the public hearing was declared closed.

It was moved by Supervisor Gray, seconded by Supervisor Rodefer, and carried byunanimous vote, to adopt the Air Pollution Control District 2014/15 Budget.

The Air Pollution Control District recessed and reconvened as the Board ofSupervisors at 1:32 p.m.

The Board heard a public hearing to consider JEFF AND DIANE BRIDGEWATER,Special Ordinance amending Section 17.06.020 of the Tuolumne County OrdinanceCode by establishing the boundaries of Zoning Districts under the Tuolumne CountyUniform Zoning Ordinance by rezoning (RZ10-009) 1.0+ acre to O and 4.0+ acresto O-1, located at 12991 Shotgun Creek Drive. It is a portion of Section 33,Township 1 North, Range 13 East, APN 63-440-12.

Ms. Shane presented the staff report and responded to questions.

No one wished to speak, the public hearing was declared closed.

It was moved by Supervisor Rodefer, seconded by Supervisor Gray, and carried byunanimous vote, to approve the zone change to O and O-1, finding that: A) Theproposed Zone Change is consistent with the Tuolumne County General Plan; B)The proposed Zone Change is in accordance with the Tuolumne County OrdinanceCode; C) The project site is suited to the uses permitted under the proposed zoningdistricts; and D) The project is categorically exempt from environmental reviewunder the California Environmental Quality Act (CEQA) pursuant to Section 15307of the State CEQA Guidelines, and adopted the following Ordinance.

Ordinance No. 3260A special ordinance amending Section 17.06.020 of the Tuolumne CountyOrdinance Code by establishing the boundaries of zoning districts under theTuolumne County Uniform Zoning Ordinance.

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The Board heard a public hearing to consider BLIND BULL, LP/TIMOTHY ANDJOAN DIESTEL, 1) Mitigated Negative Declaration for Conditional Use PermitCUP12-007; 2) Conditional Use Permit (CUP12-007) to allow the operation of ashooting range and use of commercial coach; 3) Resolution to amend the existingAgricultural Management Plan for Williamson Act land conservation contract(04WA-078); and 4) Indemnification Agreement by and between the County ofTuolumne and Blind Bull, LP, located at 10700 and 10900 La Grange Road. It islocated in Section 25, Township 1 North, Range 13 East and Section 30, Township1 South, Range 14 East. APNs. 63-200-15, -16 -220-18 and -19.

Ms. Shane presented the staff report and responded to questions.

All Supervisors disclosed previous meetings and trainings they participated inrelated to the project.

The Chair announced that the project applicant will be allowed seven (7) minutesand all proponents, oppositions, rebuttal and surrebuttal speakers will be allowedtwo (2) minutes to speak.

Ms. Drivdahl addressed the Board.

Bob Ozbirn addressed the Board as the project applicant.

The public hearing was declared open.

John Popke, Peggy Mosley, Carol Simpson, Bruce Watson, Dr. Michael Patterson,Russ Ford, Glenn Roberts, Hank Russell, Tom, Ron Heiskell, Preston Gilham,Louise Eviaja, Bill Sanguientti, Mark Banks, a member of the public, Bill Louis andTami Popke, spoke in favor.

Kent Larson, Karen and Joe DeAngele spoke in opposition.

No one else wished to speak, the public hearing was declared closed.

Ms. Drivdahl responded to questions from the Board.

Ms. Shane responded to questions.

Board consensus to continue the matter to November 4, 2014 at 2:30 p.m.

The Board recessed at 2:37 p.m. and reconvened at 2:49 p.m.

The Board considered cancelling the November 18, 2014 Board of Supervisorsmeeting and provide direction on whether or not to schedule a Special Board ofSupervisors meeting during the week of November 10-14, 2014.

Discussion ensued.

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Mr. Richardson addressed the Board.

It was moved by Supervisor Rodefer, seconded by Supervisor Hanvelt, and carriedby unanimous vote, to approve cancelling the November 18, 2014 Board ofSupervisors meeting.

The Board Members, County Administrator, County Counsel and Chief Deputy Clerkof the Board reported on their respective activities the last few weeks.

The Board members recessed at 2:55 p.m. to: Closed Session: Conference with Real Property Negotiators - Price and Terms:(Authority: Government Code § 54956.8) Negotiators: Craig Pedro, CountyAdministrator and Daniel Richardson, Deputy County Administrator related: A) toproperties and associated rights located at 9325 Fraguero Road, APN 039-020-09and 9436 Fraguero Road, APN 039-010-33; and B) Several parcels located at theJamestown Mine, APNs. 58-200-27, -30 through -35, -560-01 through -03 and59-080-42.

The Board reconvened at 3:34 p.m., wherein the Chair announced there wasnothing to report and adjourned the meeting to the next regularly scheduled meetingon October 21, 2014 at 9:00 a.m.

APPROVED:

EVAN ROYCE, Chair

ATTEST:

Alicia L. Jamar, Chief DeputyClerk of the Board of Supervisors

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