SUMMARY OF THE MINUTES OF A REGULAR MEETING OF THE BOARD OF SUPERVISORS
COUNTY OF CALAVERAS, STATE OF CALIFORNIA
HELD ON JANUARY 27, 2009
PRESENT: Russ Thomas, Chair; Merita Callaway, Vice-Chair; Gary Tofanelli, Steve Wilensky and Thomas Tryon, Supervisors; James Jones, County Counsel; Robert Lawton, County Administrative Officer; and Madaline Krska, Deputy Clerk
ABSENT: None
CONSENT AGENDA
Minutes of a Board of Supervisors' meeting held on January 6, 2009 - Board action: approved 5-0
CORRESPONDENCE: January 2-15, 2009 - Board action: approved as processed 5-0
REGULAR AGENDA
PUBLIC COMMENTS – Bob Dean, Calaveras County Water District(CCWD), asked the Board to agendize, for a future meeting, a renewal providing a safety net for those that can’t afford to pay their water and sewer bills. Concerns were expressed for those in financial distress.
Marta Johnson, Mokelumne Hill, Representative on Mokelumne Hill Community Plan Task Force, submitted a draft of the Mokelumne Hill Community Plan. The task force, with Board authorization, updated their community plan at the same time as the County General Plan Update is being generated. Copies of the plan, that has been submitted to various agencies, was submitted to the Board.
Supervisor Wilensky complimented the community for their endeavors.
Bill Pugh, Wallace Lake Estates, spoke to the Board urging the County to initiate requirements for new housing, to include solar implementation. This County requirement, would place the County as a state-wide leader in easing the costs of power usage.
Joe Kelly, Copperopolis, addressed the Board referencing correspondence item #9 relating to agenda item #4 and correspondence Item #30 relating to agenda item #6. Concerns were expressed for the Board of Supervisors meetings and the lack in applying Roberts Rules of Order.
County Counsel Jones stated the Board has never adopted Roberts Rules of Order and in general does follow Roberts Rules of Order. Counsel Jones informed if a committee is department initiated, it is not a Brown Act Committee.
Supervisor Callaway stated the Legal Access Committee was selected by the Department Head per the County Administrator’s direction.
Kelly questioned the practice of polling to give direction to department heads and the value of this practice.
Chair Thomas explained the open forum is to give department heads a sense of direction.
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Dean Borgedalen, Struckman Road resident, addressed the Board regarding a prepared statement he wanted to present regarding legal access.
Chair Thomas asked Mr. Borgedalen to address the Board during the public comment portion of agenda item #6.
Discussion and possible action re: direction to County staff regarding organizational structure of Planning, Building and Code Enforcement Programs; County Administrator - Board action: – disband the Community Development Agency(CDA)and direct the Building and Planning Departments be restored as separate free-standing departments with their respective director positions being established as Board-appointed department head positions pursuant to a subsequent staff report; approved 3-2, NOES: Wilensky and Thomas
Discussion and possible action re:2003-114 ZONING AMENDMENT and TENTATIVE SUBDIVISION TRACT MAP (Wallace Lake Estates, Unit 2) for JOHN D. REYNEN, LLC (cont'd item from 07/14/2007 and 01/06/2009); Community Development Agency - Board action: Denied 3-2 NOES: Tofanelli and Thomas
Discussion and possible action re: the introduction of an ordinance to revise Title 17, Section 17.04.030 of the Calaveras County Municipal Code, addressing legal access requirements; Community Development Agency - (continued item from 01/06/2009) Board action: continued to 2/10/2009
Review of correspondence, reports and various matters of concern. Supervisor Tryon tonight, will attend a Murphys Community Club meeting; Wednesday, will attend an RCRC meeting in Sacramento and the annual dinner; Thursday, will attend the Chamber of Commerce installation dinner.
Supervisor Wilensky today, will attend a Child Care Council meeting; Friday, will attend a meeting with the Delta College Board President and Administrator regarding service to the County; Supervisor Wilensky referenced a letter that the Board has received from Jerry McNerney, Congressman, San Joaquin, regarding the location to select a site for a new Central Valley VA nursing home and expanded medical facility. Supervisor Wilensky will attend a meeting on Friday in French Camp regarding this issue.
Supervisor Tofanelli on Wednesday, will attend a meeting in Valley Springs at the Vets Hall regarding Cosgrove Creek; Thursday, will attend the Chamber of Commerce installation dinner; Friday, will attend a meeting the Delta College Board President and Administrator regarding service to the County. On Friday, Supervisor Tofanelli will attend a meeting regarding a site for the new Central Valley VA nursing home and expanded medical facility.
Supervisor Callaway tonight, will attend a Murphys Community Club meeting; Wednesday afternoon, will participate in a conference call with Agriculture and Natural Resources with CSAC regarding issues purposed changes with the Williamson Act; Thursday, will be in Sacramento for a CSAC Executive meeting and will attend the Chamber of Commerce installation dinner; Friday, will participate on a field trip on a legal access issue; Saturday will attend the fundraiser Chairs for Charity.
1/27/2009 SUMMARY
Chair Thomas on Wednesday, will attend the RCRC annual dinner; Thursday, will attend the Chamber of Commerce installation dinner; Chair Thomas bestowed accolades to Jeanne Boyce, Health Services Agency Director, who was selected as the Government Person of the Year by the Calaveras Enterprise Readers Choice for 2008.
Chair Thomas reported on the January 22nd seminar he and Supervisor Callaway attended presented by Phil Arkow regarding “The Link”. Information was given showing the connection between animal and family abuse. The anticipated charge for the County’s approved participation was $1000, but due to generosity of County businesses and citizens this has been reduced to a total of $675.38. The Board determined they would each contribute 1/5 of the amount from their Board Funds to cover this cost.
Chair Thomas as a reminder to Brian Moss, Environmental Management Agency for the deadline approaching a response letter regarding AB 885. This subject is on the meeting agenda for February 3, 2009.
Chair Thomas referenced Board photos taken and discussion was held on how to view the on-line versions of these photos.
CAO Lawton stated that he and Assistant CAO Shirley Ryan attended a County Administrator’s Association budget summit meeting on January 16, 2009. Lawton reported after 30 days, the County will be seriously impacted due to the State freeze on payments. CAO and the Tuolumne County CAO made contact with Senator Cox and Cogdill’s expressing concern that this situation not continue much longer. An unsuccessful attempt was made to contact Senator Berryhill.
CAO stated the County mid-year report for February 3rd has been rescheduled for February 10, 2009. CAO asked the Board if they would like to consider, during mid-year report discussions, engaging in a limited way lobbying support in Washington D.C., in connection with the stimulus package. CAO referenced the common issues that CCWD and the County have concerning Cosgrove Creek. Funds for partnering with CCWD were not included in the 08/09 budget.
CAO informed the Board during the meeting today, a letter of resignation was received from Interim CDA Director Taylor. CAO requested this matter by added to the Closed Session items today.
Motion made for the finding of the need to take action on an emergency off agenda item that arose subsequent to the posting of the agenda. Motion: Callaway Second: Tryon Approval: Majority NOES: Wilensky
County Counsel Jones read into the record, a closed session pursuant to Government Code section 54957(b) Public Employment Community Development Director or Planning Director.
Counsel Jones clarified that for an off agenda item requires a 2/3rds vote.
Counsel Jones spoke regarding further education on the Brown Act. Jones referenced serial meetings that prohibit the use of an intermediary for Board members to exchange views. That rule until recently, did not apply to any third party ie; staff members, public or constituents could lobby a majority of the Board with no restriction. Jones referenced a change, applicable to County staff, that states County staff may continue to talk to a majority of the Board and may
1/27/2009 SUMMARY
answer questions. The restriction applies that the staff member does not communicate to the Board the comments or position of another Board member. This has been conveyed to staff in the department head meeting this week.
8. CLOSED SESSION: pursuant to Government Code section 54956.9(b)(1); conference with legal counsel; anticipated litigation - significant exposure to litigation (one case); County Counsel; Board action: cancelled
CLOSED SESSION: pursuant to Government Code section 54956.9(c); conference with legal counsel; anticipated litigation - initiation of litigation; (2 cases); County Counsel - Board action. no action taken
A CLOSED SESSION was added to the agenda pursuant to Government Code section 54954.2(b)(2); Closed session pursuant to Government Code section 54957(b); Public Employment-Planning Director, resulting in nothing to report.
_____/s/ Karen Varni ________
County Clerk and Ex-Officio Clerk
to the Board of Supervisors of the
County of Calaveras, State of Calif.
