Posted by: Kim_Hamilton on 01/08/2009 08:19 PM
Updated by: Kim_Hamilton on 01/09/2009 11:49 AM
Expires: 01/01/2014 12:00 AM
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Board of Supervisors Meeting Summary for Tuesday January 6, 2009
San Andreas, CA.....We have have the summary of the very exciting Board of Supervisors Meeting which took place on Tuesday January 6, 2009 enclosed....
SUMMARY OF THE MINUTES OF A REGULAR MEETING OF THE BOARD OF SUPERVISORS
COUNTY OF CALAVERAS, STATE OF CALIFORNIA
HELD ON JANUARY 6, 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
O P E N I N G
8:45 A.M.: SWEARING IN CEREMONY FOR ELECTED OFFICIALS, SUPERVISORS GARY TOFANNELLI, STEVE WILENSKY AND THOMAS TRYON SWORN INTO OFFICE
SELECTION OF CHAIR AND VICE CHAIR: RUSS THOMAS, CHAIR; MERITA CALLAWAY, VICE-CHAIR
CONSENT AGENDA
1. MINUTES of a regular Board of Supervisors meeting held on December 9, 2008 - Board action: approved 5-0
2. CORRESPONDENCE: December 8 -19 , 2008 - Board action: approved 5-0 as processed
3. MINUTE ORDER authorizing Board Chair to sign a letter to Governor Schwarzenegger opposing elimination of Williamson Act Subventions; Department of Agriculture - Board action: approved 5-0
4. RESOLUTION authorizing the disposal of surplus computer equipment; Technology Services - Board action: approved 5-0
5. RESOLUTION authorizing the Calaveras County Elections Official to render specified services to the Ebbetts Pass Fire District in conjunction with the special election to be held May 5, 2009; County Clerk/Elections Division - Board action: approved 5-0
6. RESOLUTION amending Resolution 08-249 to correct clerical error; County Clerk/Elections Dept. - Board action: approved 5-0
7. RESOLUTION authorizing execution of professional services agreement with Lason for Recorder's Integrated Document Cashiering, Indexing, Imaging and Retrieval System (IRIS); County Clerk/Recorder - Board action: approved 5-0
8. MINUTE ORDER authorizing the County Administrative Office to submit applications for Proposition 40 Per Capita Grant Funds for Community projects, as amended for District III; Administration - Board action: approved 5-0
R E G U L A R A G E N D A
9. PUBLIC COMMENTS: Jared Pechan, Hathaway Pines, spoke with concerns for the application of building setbacks to all structures. Pechan referenced the requirements for setbacks on fences and retaining walls
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which requires a variance. Pechan feels the fee for a variance should not apply in these situations and would like the Board to get clarification from The Community Development Agency. Pechan spoke with concerns regarding today’s agenda item for legal access. Pechan stated passing an ordinance not requiring access is not a good idea and feels strongly legal access should be required.
Marian Coahran, representing The Calaveras Youth Mentoring Program, spoke regarding the Calaveras Follies. Ms. Coahran presented each of the Supervisors with personal invitations to participate in a well known personalities’ act this year. Ms. Coahran introduced various members of the audience who have participated in previous years. Encouragement was given to recognizable community members to participate, which increases attendance, at this fundraising event for the Mentoring Program.
Jon Ellis, Arnold, addressed the Board with concerns for his rights as a taxpayer to appeal his tax assessments without fear of retribution. Ellis summarized a meeting with Randy Metzger and Leslie Davis of the Assessors Office.
Ellis referenced his receipt for notice of assessment and supplemental assessments for his property holdings as of January 1, 2006. Ellis stated all of the assessments were found to be incorrect and not supported by facts. Ellis referenced a Board of Equalization Hearing on September 18, 2007 and the December 14, 2007 Board of Equalization decision notice. The decision stated, at the time of the assessment, the improvements for services on the property were held by Calaveras County Water District, not by him.
Ellis stated the Assessors Office did not correct his assessments, did not process any refunds or offer any help to resolve the issue. Ellis stated concerns regarding the Assessors Office staff members and current office policies and conduct. Ellis referenced a lawsuit filed by the Assessors Office costing $7,100 regarding the decision on his property assessments. The lawsuit was subsequently dismissed due to the cost of litigation. Ellis has currently filed an appeal for 2008 property assessment that still has the same water and sewer assessment.
Chair Thomas reminded the public that comments are limited to 5 minutes per person.
Les Martin, Valley Springs, spoke with concerns for AB885 regarding septic tank rules and well regulations. Martin related background information on this bill that began in September 1999 relating to environmental clean up of Santa Monica Bay. Martin stated the current bill does not resemble the original version.
Martin outlined the costs and regulations for testing. Martin feels this legislations’ intent involves areas that are truly not a health risk. Martin requested the County to file a request to the Governor to repeal
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this law, as it currently exists. Comments are due to the State Water Board by February 9, 2009.
Chair Thomas suggested Mr. Martin contact Brian Moss, Environmental Health concerning this item.
Daryl Rusk, Burson, wished the Board a good new year.
Lucy Thein, San Andreas, wished the Board a good new year. Ms. Thein spoke representing Habitat for Humanity inviting the Board to attend the dedication of a new home in Rancho Calaveras, Valley Springs. The ceremonies will begin at 1:00 in the Methodist Church in Valley Springs. The onsite dedication of the home having green construction techniques, will be at 2:00.
Ms. Thein spoke stating appreciation for Kathryn Eustis and her contributions to the Mentoring Program.
Roger Stevensen, President, Calaveras Builders Association, spoke referencing when he previously addressed the Board in support of AB811. This Bill would designate the County to be the first in the State to “Go Green”. The Bill allows people to make energy improvements to their home and to have amortized for 20 years on their property tax. This Bill would: create jobs for contractors; assist the home improvement industry; generate revenue for the Building Department; aide the environment; and revenue for the Tax Assessors Office.
Stevensen does not support having a Community Development Agency. Stevensen asked the Board to consider his suggestions.
Marti Crane, Director, Volunteer Center, spoke explaining the functions of the Center and its benefits to those in need of assistance. Ms. Crane stated how the Volunteer Safety Net Program for the vulnerable population segment addresses the needs of this “Invisible Population”.
George Fry, driver for the Volunteer Center, spoke regarding his experiences in this capacity. Fry encouraged people to assist in this worthwhile program.
Al Segalla, representing Calaveras Taxpayers Association, spoke referencing the accusations made during public comments regarding Leslie Davis and the Auditors Office. Segalla suggested using the means of the Grand Jury if other processes are not working.
Segalla stated the Calaveras Taxpayers Association concurs with the concerns expressed during public comments regarding AB885 regarding septic and well systems. Segalla would like the Board to become proactive with CSAC and other agencies on this type of situation.
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Segalla does not support the idea of a Community Development Agency and expressed concern to avert mistakes now that would continue into the future.
Chair Thomas expressed thanks to Supervisor Wilensky during his year of chairmanship in conducting the Board of Supervisors meetings.
10. Discussion and possible Board action re: RESOLUTION recognizing January 2009 as National Mentoring Month and January 22, 2009 as "Thank Your Mentor" Day; Admin. - Board action: approved 5-0
11. Discussion and possible action re: the adoption of an ORDINANCE to revise Title 17, Section 17.04.030 of the Calaveras County Municipal Code, addressing legal access requirements; Community Development Agency - Board action: continued to 1/20/2009
11a. ADDENDUM: Discussion and possible action re: MINUTE ORDER authorizing
adjustment of transit charter service rates; Public Works – Board action: approved 5-0
12. PUBLIC HEARING and possible Board action re: 2006-36 ZONING AMENDMENT, TENTATIVE SUBDIVISION TRACT MAP, VARIANCE and ROAD MODIFICATION for MCE, LLC.; The subject property is located on the east side of State Highway 4 and approximately 0.1 mile northeast of the intersection with State Highway 4 and Tom Bell Road in Murphys, CA; Community Development Agency - Board action: approved 5-0
13. PUBLIC HEARING and possible Board 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); Community Development Agency - Board action: continued to 1/27/2009
14. Discussion and possible action re: MINUTE ORDER appointing Planning Commissioners to a two year term of office; Planning - Board action: approved appointments of Ted Allured, District 1, Fawn McLaughlin, District 2, Suzanne Kuehl, District 3, Bill Mason, District 4 and Steve Kearney, District 5; 5-0
15. Discussion and possible action re: appointment of Board members as representatives to various agencies for 2009 - Board action: approved the continuation of the 2008 representation. If a Board member determines otherwise, the matter will then return for further Board discussion; 5-0
16. Review of correspondence, reports and various matters of concern. Supervisor Tryon had nothing to report. Supervisor Tryon supports Supervisor Tofanelli’s request to discuss the structure of the Community Development Agency. Supervisor Callaway supports this discussion.
Supervisor Wilensky today will attend a Behavioral Health meeting and a Parks and Recreation meeting; Wednesday will attend a meeting with the Sierra Nevada Conservancy, governmental and nongovernmental agencies for
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the CHIPS Project; Friday will attend a First Five meeting; Supervisor and the U.S. Fish and Wildlife. Response from ranches and farms in a habitat designated area as it relates to the economic impact, are being requested. Those interested in having their comments known, are to contact the Agriculture department.
Supervisor Tofanelli on Saturday will attend the Habitat for Humanity home dedication and the American Legion annual crab feed in Valley Springs.
Supervisor Callaway this week, will attend: Ebbetts Pass Property Owners Association meeting and an Area 12 Agency on Aging meeting. Supervisor Callaway referenced Chair Thomas’ request for the Chair to make a motion. Supervisor Callaway stated the Board does not use Roberts Rules of Order. Supervisor Callaway wants there to be Board discussion regarding polling of the Board versus voting and when it is appropriate to poll the Board. Supervisor Callaway would also like consistency in the procedure for the Board placing items on the agenda. The suggestion was made to have a study session to review Board protocol.
Supervisor Wilensky concurs that this may be the time for the Board to review their procedures.
Chair Thomas reminded the Board of “The Link” workshop sponsored by the Domestic Animal Advisory Committee and the Humane Society on January 15th. This workshop is regarding the connection between violence to animals and to people. Chair Thomas asked Robert Lawton, County Administrative Officer, for a status report on the Director of Planning position.
CAO Lawton in response to Chair’s inquiry, stated Avery Associates Consultants have placed advertisements and a draft recruitment brochure has been prepared. Lawton has stressed with Human Resources for Avery to meet with the Board to discuss issues and attributes of a successful candidate for a Planning Director. February 9, 2009 is the current closing date for applications, which may be extended.
James Jones, County Counsel, referenced Calaveras Unified School Districts’ proposal to gift the Mountain Ranch Park Property to the County. A meeting will be held with the District, Counsel Jones and Administration to discuss the details of the gifting prior to their meeting of January 20, 2009.
17. CLOSED SESSION: pursuant to Government Code Section 54956.9: conference with legal counsel re: existing litigation; (two cases) 1. In the Matter of the Arbitration of Opinsky v. County of Calaveras; 2. Lee Rhodes v. County of Calaveras, et al U. S.D.C Case No: 1:08-CV-01705-OWW-DLB - County Counsel - Board action: No action taken
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18. 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
19. CLOSED SESSION: conference with labor negotiator, under Government Code section 54957.6; HR Director; Calaveras County Deputy Sheriff's Association (DSA) - Board action: No action
20. CLOSED SESSION: conference with labor negotiator, under Government Code section 54957.6, HR Director; Service Employees International Union, Local 1021 - Board action: No action
__/s/ Karen Varni _________________
County Clerk and Ex-Officio Clerk
to the Board of Supervisors of the
County of Calaveras, State of Calif
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