Posted by: thepinetree on 07/25/2008 08:32 AM
Updated by: thepinetree on 07/25/2008 01:50 PM
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Calaveras County Board of Supervisors Meeting for July 22, 08 Part Two
San Andreas, CA....This week's meeting will be presented in 2 segments of almost 4 hours each for a total of 8 hours of Supervisorial Meeting goodness. The second half is on the server now and ready for replay..
We are moving the meeting to the server now. As soon as the meeting has played once the fast forward and rewind buttons will become functionable. Thanks for stopping by ThePineTree.net. We also have 2 1/2 years of meetings in our archives
SUMMARY OF THE MINUTES OF A REGULAR MEETING OF THE BOARD OF SUPERVISORS
COUNTY OF CALAVERAS, STATE OF CALIFORNIA
HELD ON JULY 22, 2008
PRESENT: Steve Wilensky, Chair; Russ Thomas, Vice-Chair; Bill Claudino, Merita Callaway and Thomas Tryon, Supervisors; James Jones, County Counsel; Robert Lawton, County Administrative Officer; and Madaline Krska, Deputy Clerk
ABSENT: None
C O N S E N T A G E N D A
MINUTES of a regular Board of Supervisors meeting held on July 8, 2008 - Board action: approved 5-0
CORRESPONDENCE: July 4 - 10, 2008 - Board action: approved, as processed, 5-0
MINUTE ORDER authorizing refund of a portion of the Copperopolis Benefit Basin fee to Jay Lange; Public Works - Board action: approved 5-0
MINUTE ORDER authorizing the Public Works Director to sign for and accept the Agreement for Maintenance of Bus Shelter within State Highway Right of Way on Route 49 within the County of Calaveras; Public Works - Board action: approved 5-0
RESOLUTION approving Second Amendment to SEI Solid Waste Inc.'s Solid Waste Collection and Hauling Permit Agreement; Public Works - Board action: approved 5-0
MINUTE 0RDER authorizing the Health Services Agency Director to sign the Policy Compliance and Certification form for the FY 2008-09 Annual Funding Application for the Maternal Child and Adolescent Health Program in an amount not to exceed $148,960; Public Health - Board action: approved 5-0
MINUTE ORDER authorizing the Chair of the Board of Supervisors to sign the Certification Statement attendant to submission of the FY 2008-09 plan and budgets for the Children's Medical Services (CMS) programs; Public Health - Board action: approved 5-0
RESOLUTION authorizing agreement with Human Resource Council, Inc, to provide State 1 Child Care Services for CalWORKs Welfare-To-Work recipients, in an amount not to exceed $90,500.00, effective July 1, 2008 through October 31, 2008; CalWORKs - Board action: approved 5-0
RESOLUTION acknowledging July 21 through July 27, 2008 as Invasive Weed Awareness Week in Calaveras County; Dept. of Agriculture - Board action: approved 5-0
RESOLUTION authorizing temporary transfers to Calaveras County General Fund, if needed, to meet FY 2008-2009 operating expenses; Treasurer-Tax Collector - Board action: approved 5-0
RESOLUTIONS (10) consolidating the following special district elections with the November 4, 2008 general election; County Clerk/Election Division - Board action: approved 5-0
1. Bret Harte Union School District Board Election
2. Bret Harte Union School District Bond Measure "K" Election
3 Calaveras County Office of Education Board Election
4. Calaveras Unified School District Board Election
5. City of Angels Camp City Council Election
6. Mark Twain Health Care District Governing Board Election
07/22/2008 SUMMARY
7. Mark Twain Union Elementary School District Board Election
8. San Joaquin Delta Community College District Board Trustee Election
9. Vallecito Union School District Board Election
10. Mokelumne Hill Veteran's Memorial District Board Election
MINUTE ORDER authorizing necessary budget adjustments for FY 2007/08 year end close by a 4/5's vote: Auditor-Controller - Board action: approved 5-0
R E G U L A R A G E N D A
PUBLIC COMMENTS: Leslie Davis, Assistant Assessor, stated that last week the assessment rolls were closed. The Assessors Office will hold a debriefing on Wednesday and will not be open until noon.
Frank Ginger, spoke regarding Todd Barr, Code Compliance Officer and a County vehicle. Mr. Ginger referenced rock that was taken from a residents property.
Chair Wilensky, in response to Mr. Borgedalen’s public comments on July 15th, stated that the rock was in the right of way. The rock was considered to be blocking emergency vehicles and was taken to Glencoe. It can be returned with the understanding that the 20 foot width requirement will be maintained.
Darren Borgedalen feels the road is not a County road and he has a right to fence up to the road. Reference was made to comments he made at last week’s meeting and the name that was stated for the record.
Chair Wilensky suggested that contact be made with the Public Works Department concerning the removal of the rock. Reference was made with concerns regarding Mr. Borgedalen’s neighbors.
Borgedalen submitted photos of the rocks being removed.
Mike Miller, Public Works Director, reported that after the case was settled in court, a Public Works crew was sent out in response to complaints of road blocks being placed immediately adjacent to the roadway. The crew was accompanied by the Sheriff’s Department and the rocks were then taken to the County yard in Glencoe. A signed agreement will be necessary from the property owner that he will not replace the rocks in the same area.
Dennis Downum, Sheriff, clarified that the Sheriff and deputies respond to these types of situations to preserve the peace not to determine property lines or road ownership.
Jack Gray, Struckman Road resident and business owner, stated he feels this road is a private road not a County road. Mr. Gray referenced a fine he has paid, a rezoning request made and his continuing efforts to comply.
07/15/2008 SUMMARY
Shirley Ryan, Assistant County Administrative Office(CAO)informed the Board that in preparation for the jail bond issuance this Thursday a conference call was held on July 9th. The CAO, Auditor-Controller, Treasurer-Tax Collector and Government Financial Strategy participated in this call which determined at AA- rating. This rating caused the COP rating to go from an A to an A+.
Diane Keane, San Andreas, addressed the Board with concerns about the Housing Element that was not completed in April 2007 and April 2008. Reference was made that this may affect block grant funds in 2009.
Chair Wilensky will research on a progress report for this matter.
Bob Mulvany, Murphys resident and Director the Calaveras County Tax Payers Association, spoke referencing the Grand Jury report. Mr. Mulvany requested a list of the duties, responsibilities and limitations of a General Law County Supervisor. A suggestion was made regarding the search for a new Community Development Agency Director. Mr. Mulvany feels that the department head should have sympathy for a property owners rights and what is required for permitting.
Charles Cantoni, Wallace Community Service District(WCSD), referenced the public comment portion of last weeks Board of Supervisors meeting. The initiative petition to lower the service districts rate was discussed. A letter from the district responding to the comments that were made was submitted into the record.
Mr. Cantoni stated that the Board of Directors of the district did not place the initiative on the ballot by advice of legal counsel. The ordinance contained several areas that were not legal. The rates can be lowered but the right of the Board can not be taken away to raise the rates in the future. The ordinance specified this ability for the next four years. Another clause of the ordinance stated that if there were any legal actions, in respect to the initiative, the district would be responsible for both side’s legal fees.
The district has plans to change the rates to encourage water conservation. This will be discussed in a workshop involving the public and WCSD Board tomorrow evening.
James Jones, County Counsel, clarified for the record, that the district’s counsel did not persuade either County Counsel or the County Clerk to keep the issue off the ballot. The Election Code requires for this item to be placed on the ballot, the Wallace District Board has to make a resolution to direct the County Clerk, the Elections Official to place this on the ballot. This direction was not given.
Pat Bailey, Wallace, spoke expressing concerns regarding the petitions that were signed for an initiative to reduce the rates of the Wallace Lake Estates for placement on the November ballot. The denial to have
07/15/2008 SUMMARY
the financial issues brought to the district users is felt to be detrimental to users of these services. Reference was made to the special meeting that has been called by WCSD tomorrow evening to discuss another raise in water rates. The option of a recall election was stated with the detrimental results in a small community stated.
The ideas of careful and quality growth were expressed as the preferred option in the Wallace community. The concern was expressed for growth at any cost in their area. Ms. Bailey asked that a new Community Development Director would have the skills to make determinations for the preferred growth.
Mr. Cantoni responded to Ms. Bailey’s comments stating that material has been circulated in advance for the rate discussion. The information included an example of ways to set rates with no suggestion that the rates will be increased again.
Mike Borean, Builders Association, thanked Supervisor Callaway for her volunteer participation in the Death Ride at Hermit Valley. Mr. Borean stated appreciation for today’s public comments from concerned citizens participating in their County government.
Borean thanked the Board for the decision that was made this past week concerning the Community Development Agency(CDA) Director. The question of how to begin to rebuild community support and confidence for this County agency was asked. An offer of his service and that of his peers to help provide solutions for goals in the spirit of public service for the CDA and associated departments was stated.
Supervisor Thomas referenced an incident last week concerning a prisoner that walked away from the Sierra Conservation Center. An e-mail from a resident of Copperopolis was read into the record asking for methods of notification for residents when this type of situation occurs. Supervisor Thomas asked if the reverse 911 system would be a solution for this issue. Reference was made to a dispatcher’s statement that notification is not required to the public as the prison is in another county.
Dennis Downum, Sheriff, stated that California Department of Corrections and Rehabilitation is a law enforcement agency. When the Center has an emergency, the warden is aware of the resources that the County has and can be provided. In a discussion with Warden Clay, it became apparent that some of the protocols and processes for notifications that are in place at the prison were not followed. These processes will be followed significantly better in the future. The concern expressed for dispatcher response will be addressed.
Downum stressed that assumptions can not be made for any other law enforcement agency’s investigation. No information can be put out by the County without the other law enforcement agency at the table. The warden is aware that the emergency reverse 911 system is available and the manner of notification for information needed by the County. Assurances
07/22/2008 SUMMARY
have been received from the warden that this type of situation will not occur in the future.
Jack Cox, President of the Communications Institute based in Los Angeles, spoke regarding credibility issues between government and the public. All of this relates to communication and the need to be proactive. Reference was made to the diminished role of the local newspapers, radio and television play as compared to the advantages of the internet for communication in rural counties.
Mr. Cox believes the technology of the telephone is still a viable means of communicating pertinent information to the public. During times of weather and safety issues communication technology is of great importance for notification of these concerns to the communities.
Supervisor Thomas would like this matter to be brought back as an action item for protocol with the Sierra Conservation Center. Supervisor Thomas would like information brought forward to make determination for using the reverse 911 system.
Supervisor Tom Tryon spoke regarding the action of the Board of Supervisors as a consequence of the closed session that was announced by the Board Chair. Supervisor Tryon was a no vote to accept the resignation of the Director of the Community Development Agency, effective August 1, 2008. The no vote was not for the intent to reject the letter of resignation but was because of his strong opposition to the terms and conditions that are associated with the letter.
Supervisor Tryon would like the Board to instruct County Counsel to release all documents associated with the settlement that are allowed under the law. Supervisor Tryon expressed the desire to have this information released under the Public Records Act in a timely manner. Supervisor Tryon asked for a polling of the Board to instruct County Counsel to release all documents.
County Counsel James Jones, asked that the Board not conduct a poll to request the County Counsel Office to release the documents. Jones stated that a Public Record Act is not difficult to make and there are benefits for the office in using this method.
Supervisor Tryon again requested a poll of the Board.
Chair Wilensky stated that the action being requested is for an item that is not agendized. Chair Wilensky feels the request for Public Record Act will be made soon.
Supervisor Tryon was disappointed with staff recommendations from Administration and County Counsel for the terms and conditions. Supervisor Tryon feels counseling should be provided to the employees in the Community Development Agency.
Supervisor Tryon expressed the concern of past remodel construction projects that have been done without permits, due to frustration of project approval delays.
07/22/2008 SUMMARY
Supervisor Tryon feels it would be appropriate that an amnesty program be in place to allow people in these situations to pay fees and be able to bring into conformity.
Supervisor Callaway hopes for the healing process to begin. Clarification was made that a year ago she joined Supervisor Tryon in the investigation inquiry to the Grand Jury. Supervisor Callaway stated she and Supervisor Tryon abide by the Grand Jury report and consider the matter closed.
Chair Wilensky referenced the Grand Jury report, Community Development Agency and the state of government in Calaveras County. It is felt that the Supervisors want to make the County a better place and referenced the manner of handling disagreements. There is a community consensus for the desire to have a healthy economy with the method of accomplishing this to be determined. Effective communication procedures are encouraged for this process.
Discussion and possible action re: RESOLUTION authorizing a Professional Agreement with PSOMAS for Professional Engineering Services associated with the Mountain Ranch Road Safety Improvement Projects; (continued item from 07/15/08) - Public Works - Board action: approved 5-0
PUBLIC HEARING, and possible Board action, to approve the Annual Grantee Performance report for the Community Development Block Grant (CDBG) 05-STBG-1525; Administration - Board action: approved 5-0
PUBLIC HEARING, and possible Board action, to approve the Annual Grantee Performance report for the Community Development Block Grant (CDBG) 05-STBG-1523; Administration - Board action: approved 5-0
PUBLIC HEARING and possible Board action re: 2006-126 Tentative Subdivision Tract Map, Conditional Use Permit, and Planned Development for Abramson, Andreas and Bernadette, Trustees, et al. An appeal of the Planning Commission's June 5, 2008 approval of project 2006-126 for a Tentative Subdivision Tract Map for 32 residential lots between 1,900 to 2,800 square feet and a 3.8 acre common area, a Conditional Use Permit for common parking areas and recreational facilities, and a Planned Development application for the proposed townhouse and common area design. The site is 70.02 acres and currently contains a resort hotel, bar, restaurant mini-mart/fuel station and recreational facilities. The current development, the Resort at Lake Tulloch, is to be demolished and replaced with the proposed 'Villa Del Lago' town homes, parking areas and recreational facilities, including re-construction of the existing private docks and boat ramp. From the intersection of State Highway 4 and O'Brynes Ferry Road, proceed southeasterly on O'Byrnes Road, 7.75 miles to the rim of Lake Tulloch and the project site. (APN 064-029-036 and 038 is a portion of Sections 31 and 32, T1N,R13E, MDM); Community
07/22/2008 SUMMARY
Development Agency - Board action: continued for 3 weeks, to the meeting of August 12, 2008 to bring back findings for approval to support the entitlements.
Discussion and possible action re: RESOLUTION establishing a District Attorney Consumer Fraud/Environmental Designated Fund; Auditor-Controller - Board action: approved 5-0
Discussion and possible action re: RESOLUTION authorizing the Auditor-Controller to establish an interest bearing designated fund entitled Carl Moyer Grant; Air Pollution Control - Board action: approved 5-0
Discussion and possible action re: RESOLUTIONS (2) as follows: 1) a RESOLUTION establishing a 2007 Certificates of Participation (COP) Designated Fund; and 2) a RESOLUTION authorizing the FY 2007/08 budget adjustments regarding the COP issuance; (requires 4/5 vote); Administration - Board action: approved 5-0
Review of correspondence, reports and various matters of concern. Supervisor Tryon had nothing to bring before the Board at this time.
Supervisor Thomas on Wednesday will attend a meeting with U. S. Fish and Wildlife at various locations in the County to locate the Tiger Salamander.
Supervisor Callaway on Wednesday evening will attend a Fish and Game Commission meeting.
Supervisor Claudino on Thursday will attend a Juvenile Justice Committee meeting and in the evening will attend the Calaveras County Historical Society dinner meeting.
Chair Wilensky on Thursday will be meeting with the Sierra Nevada Conservancy Staff on a tour of seven different potential funding projects in the County.
Robert Lawton, County Administrative Officer and James Jones, County Counsel had nothing to report.
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: No action taken
____/s/ Karen Varni ____________
County Clerk and Ex-Officio Clerk
to the Board of Supervisors of the
County of Calaveras, State of Calif.
