SUMMARY OF THE MINUTES OF A REGULAR MEETING OF THE BOARD OF SUPERVISORS

            COUNTY OF CALAVERAS, STATE OF CALIFORNIA

            HELD ON DECEMBER 16, 2008

PRESENT: Steve Wilensky, Chair; Russ Thomas, Vice-Chair; Bill Claudino, Thomas Tryon and Merita Callaway, Supervisors; James Jones, County Counsel; Robert Lawton, County Administrative Officer; and Carol Gates, Supervising Board Clerk

ABSENT: None

CONSENT AGENDA

MINUTES of a regular Board of Supervisors meeting held on November 25, 2008 - Board action:  approved 5-0

CORRESPONDENCE:  December 1 - 5, 2008 - Board action:  approved as processed 5-0

RESOLUTION authorizing a property tax transfer with the Foothill Fire Protection District; Auditor-Controller - Board action:  approved 5-0

RESOLUTION approving the Copperopolis Fire Protection District's participation in the alternate method of property tax apportionment (Teeter Plan);  Auditor-Controller - Board action:  approved 5-0

RESOLUTION authorizing submission to the State Department of Social Services the Calaveras Works and Human Services Agency addendum to the CalWORKs  plan establishing the Internal Revenue Service standard mileage rate for CalWORKs Welfare-to-Work transportation supportive services, effective January 1, 2009;  CalWORKs - Board action:  approved 5-0

ORDINANCE revising three zoning amendment ordinances (2940, 2944 and 2945) to correct minor clerical errors;  Community Development Agency - Board action:  approved 5-0

RESOLUTION authorizing Ebbetts Pass Fire Protection District Election to be held on May 5, 2009;  County Clerk/Elections Dept. - Board action:  approved 5-0

RESOLUTION congratulating Grant W. "Randy" Metzger, Jr. on the occasion of his retirement: RESOLUTION honoring Officer Dallas "Jim" Clary upon his retirement from the California Highway Patrol - Board action: approved 5-0

R E G U L A R    A G E N D A

PUBLIC COMMENTS:  Darryl Rusk, Burson, CA commended Supervisor Claudino for his service to the County.

Brian Galicia, President/SEIU, 1021 Calaveras Chapter, spoke of layoffs in the Community Development Department.  He asked for the opportunity to present other options to the bargaining table.

Randy Conley, CDA employee and currently holding the position of Building Inspector 2, asked that the Board give special attention to the layoff notices sent to various CDA employees.  He referred to the layoffs as counter productive to the progress of the County.  Conley spoke of County positions being filled by new persons.  He suggested that many of the positions could be filled by well qualified employees receiving layoff notices.

Cory Burnell, Valley Springs, CA referred to a report he submitted at last week’s Board meeting titled Economic Considerations for Calaveras County. The report was done earlier this year by Cirian M. Villavicencio, MPA, regarding the Trinitas project, as an essential, beneficial investment to Calaveras County’s future.  He stated that it later came to his attention that not all Board members received the report and he was here today with additional copies.

Al Segalla, Calaveras County Taxpayer’s Association, spoke in support of the Trinitas project as an economic benefit to the County. He encouraged the Board to support the Trinitas project and other projects that would contribute to the economic well being of the County.

Chris Williams, Attorney, San Andreas, CA thanked retiring Supervisor Bill Claudino for his public service. He spoke in support of the 8 employees from the Building Department that received layoff notices.

Dave Andres, General Manager, Calaveras County Water District, advised that the CCWD is currently working with federal lobbyists on positing the district to take advantage of any stimulus flow that may be forthcoming in Congress.  CCWD has identified the west county pipeline as a high priority. The project would help to extend surface water from the Calaveras River to portions of west Calaveras currently being served by ground water.  The stimulus bill will be prioritized based on job creation and the ability to proceed in a timely manner. To be successful, public/private partnerships need to be developed.  One of the partnerships proposed is for bringing surface water to the Ridge of Trinitas project.

Jim Frost, Superintendent, Calaveras Unified School District, referred to seeing huge changes in these current hard economic times. He spoke of any opportunity for economic advancement as vital.  Frost informed that next year, in looking at legislative analyst recommendations, Calaveras Unified may be looking at a $600,000 cut in funding.

Leslie Martin, Valley Springs, CA and owner of one of the oldest vineyards in the western portion of the County, referred to a declining water table. He referred to water rights in new Hogan, as either use it or lose it. Martin spoke in support of ground water injection for Trinitas as a proper use of the water. He referred to the Nemee operation as a good use of the land and not just another sprawling housing project.  Martin felt the Nemee project is a definite plus to the County.  He encouraged that the Nemee’s be given a conditional use permit (CUP).

Tracy Busby, Deputy Sheriff’s Association, spoke in support of a CUP for the Trinitas Project as an economic benefit in generating dollars for the County.

Roy Estakhri/President, Jenny Lind Firefighter’s Association, endorsed the Trinitas Golf Course project.  He referred to a declining budget for the Association and felt that the Trinitas project would be a means of raising property values and helping the Fire District in generating revenue.

Shaelyn Stratton, Planner III, with the Department of Planning, announced that today is Robert Sellman’s last Board of Supervisors meeting.  He is retiring on December 26, 2008.  On behalf of Planning Department staff, she thanked Mr. Sellman for the work he has done and expressed their appreciation for his time, effort and the commitment he has given to the County over the past 6 years as an Interim Director and Planning Director, through some very tough times.

David Hurst, a Southworth Estates resident and a San Joaquin property owner, bordering the Trinitas project, felt that it is essential that the County proceed with the surface water project as previously discussed.  He felt that the Trinitas project would provide job opportunities for Calaveras County residents. 

Kevin Squire, owner of the Valley Springs Home Center, stated that his business found it necessary to layoff 16 of their employees in 2008, all from Calaveras County. He referred to the Trinitas project as an excellent use of the land. Mr. Squire felt that it is important to the Community that the project be allowed to move forward.

Tim McSorley, Director/Council of Governments, referred to 2 issues regarding the State budget – a deficit that is continuing to grow and a cash flow issue.  Currently, the Legislature and Governor are looking at  suspending transportation construction projects. He spoke of drafting a letter to our state legislators to, hopefully, prevent them from doing such suspensions as they would have serious negative economic  impacts. On a brighter side, McSorley spoke of the California Transportation Commission adopting guidelines for Proposition 1B, the State Partnership Program, for the purpose of providing funding for self-help counties.  Applications are due April 1st for those kinds of projects.  McSorley further submitted documentation of stimulus packages that are being considered by the State and Federal Government. McSorley then reminded everyone of this afternoon’s HOBNNOB at the CCOG in celebration of their 10th anniversary.

Sheriff Downum spoke of events regarding yesterday’s bomb threat at Government Center.  He thanked CAO Lawton, department heads, and county employees for their cooperation.  Downum spoke of developing a formal protocol for those kinds of events.

Mary Sawicki, CalWORKs Director, spoke of the coming holidays as very special moments for families.  She extended an invitation for County residents to come to the main downstairs lobby of the CalWORKs building, on Tuesday, December 23rd, to have their pictures taken with Santa Claus.    

10.  Presentations:  RESOLUTIONS of recognition were presented to retiring Assessor, Grant “Randy” Metzger by Board Chair; Dana Jorgensen, on behalf of Senator Cox and Amador Assessor Jim Rooney, on behalf of the       California Assessor’s Association. Supervisor Claudino presented a resolution to retired California Highway Patrol Officer Dallas “Jim” Clary, followed Mr. Jorgensen, on behalf of Senator Cox, presenting Mr. Clary with a certificate of recognition. Mr. Jorgensen, on behalf of Senator Cox, presented a resolution of recognition to Supervisor Bill        Claudino thanking him for his service to the County of Calaveras and wishing him well in his future endeavors.

10a. ADDENDUM – Discussion and possible action re:  RESOLUTION approving agreement with Human Resource Council, Inc., to provide State I Child Care Services for CalWORKs Welfare-to-Work recipients, in an amount not to exceed $275,000, effective July 1, 2008 through June 30, 2009;  CalWORKs – Board action:  approved 5-0

10b. ADDENDUM – Discussion and possible action re:  RESOLUTION amending Resolution No. 07-225 authorizing the acceptance of the grant award from the State of California, Department of Homeland Security, to construct a Mobile Data Computer system (MDC) Interoperable Communications Project, for the Calaveras County Sheriff’s Office; along with a BUDGET TRANSFER, in the amount of $809,324.00, in conjunction therewith;  Sheriff – Board action:  approved 5-0

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 - Board action:  approved 3-2;  NOES:  Tryon & Callaway

Review of correspondence, reports and various matters of concern:  Supervisor Thomas stated that he will be unavailable for Wednesday’s jail meeting; asked if the assumed succession plan for Chairmanship, as set in motion earlier this year, will be validated, and that he will be Chair for 2009 – he asked the Board to review their committee assignments – appointments will agendized for the meeting of January 6, 2009.

Supervisor Callaway will attend the COG event this afternoon; a jail meeting tomorrow;  and a state water plan meeting in Sacramento, on Thursday and Friday.

Supervisor Claudino will attend a CAMRA meeting at CCWD tomorrow and the HOBNOB at the CCOG this afternoon.

Supervisor Tryon referred to recent layoffs – if said employees have the qualifications to meet other open positions, he asked that they be given preference.

Chair Wilensky will attend the COG event this afternoon; echoed Tryon’s sentiments regarding layoffs and asked for consideration of employee skills, that all resources be taken into account, and that the issue be handled with humanity and careful consideration. Wilensky thanked the Board for the opportunity to serve as Board Chair.

CAO Lawton assured the Board and County staff that every effort will be made, in keeping thoughts within the County family, of any positions for which they may be qualified and if any such positions become available after their separation, the County would welcome the opportunity to reinstate their employment. 

Lawton expressed thanks to Randy Metzger for his service to the people of the County and his service to his colleagues as a department head.

Lawton thanked Robert Sellman for his service to the County and wished him well during his retirement.

Lawton thanked Bill Claudino for his County service as the District I Supervisor.

Lawton referred to yesterday’s events regarding the bomb threat at Government Center. He thanked Sheriff Downum and his staff, for the professional manner in which they handled the situation; thanked Maurie Hoekstra, Librarian, for hosting a sizable amount of unanticipated guests; thanked all County employees  for the spirit in which they dealt with the situation; and expressed appreciation to the Senior Center for making County employees feel welcome to join them for lunch.

James Jones, County Counsel, reported on a well attended ethics training session; voiced respect and appreciation of Robert Sellman, Planning Director, for his service to the County.

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.

            SUMMARY OF THE MINUTES OF A REGULAR MEETING OF THE BOARD OF SUPERVISORS

            COUNTY OF CALAVERAS, STATE OF CALIFORNIA

            HELD ON DECEMBER 9, 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  November 18, 2008 - Board action: approved 5-0

CORRESPONDENCE:  November 14-26, 2008; - Board action:  approved 5-0

RESOLUTION accepting a $350,738 grant award from the United States Department of Justice 2008 COPS Technology Grant Program for the purchase and installation of microwave equipment on the Ross Drive Radio Repeating Tower and power infrastructure improvements on the Blue Mountain Radio Repeating Tower to support the first phase of constructing a Mobile Data Terminal (MDT) System for the Calaveras County Sheriff's Office, along with a BUDGET TRANSFER, for said amount, in conjunction therewith;  Sheriff - Board action:  approved 5-0

RESOLUTION authorizing Public Works Director to obtain Federal Transit Administration Section 5311 funding assistance;  Public Works - Board action:  approved 5-0

RESOLUTION authorizing submission to the State for the CAPIT/CBCAP/PSSF Three Year Plan and designate Calaveras Works and Human Services Agency the lead agency for funding, in the amount of $113,427,  for each State fiscal year beginning 2008 through 2011;  CalWORKs - Board action: approved 5-0

MINUTE ORDER authorizing the Chair of the Board of Supervisors to sign the Declaration of Intent authorizing the California Department of Public Health to administer the FY 2008-09 Emergency Medical Services Appropriation for Calaveras County, in the amount of $12,268.00, to reimburse physicians and hospitals for costs of uncompensated emergency medical services; Public Health - Board action:  approved 5-0

RESOLUTION authorizing the Calaveras County Board of Supervisors, acting as the Public Authority Governing Board, to authorize a re-application to the Director of Industrial Relations, State of California, for a certificate of consent to self-insure workers' compensation;  Public Authority - Board action: approved 5-0

R E G U L A R    A G E N D A

PUBLIC COMMENTS: Randy Metzger, addressed the Board as a representative of the Calaveras County Fish and Game Commission. Metzger submitted into the record, documentation regarding a lawsuit concerning the suspension of fish planting. Fish and Game will be completing Environmental Impact Reports in January 2010 for more than 25 sensitive species. Metzger stated, this would have an economic impact to the area for the waters that cannot be planted by State Fish and Game. The Local Fish and Game Commission will be able to plant depending on the size of the body of water. Metzger is requesting the Board send a letter to State Legislators regarding concern for this matter. Two of  the 25 sensitive species have been identified in the County. The State Fish and Game Department cannot plant if there is a survey that any species have been identified or if a survey has not been completed.  

            Randy Metzger, County Assessor, informed the Board the Assessors Office will be closed on December 18, 2008 in the afternoon.

            Cathy Bourland, representing Human Resource Council, updated the Board on the Food Banks’ completed construction project for their mid-December target date. Ms. Bourland invited the Board to attend the March 7, 2009 grand opening of the Food Bank and the launching of their new  name and look. This is the first step towards a reorganization of the entire Human Resource Council.

            Ms. Bourland reminded the Board this is the season for the Santa Express season. At Thanksgiving, 650 boxes were given to families with 400 people on a waiting list. For Santa’s Express 650 boxes will be given during this huge project done by volunteers. Ms. Bourland stated, on December 21st the packing of the food items and the inclusion of clothes and toys will be done. Assistance is needed for this and for December 23rd which is the all day distribution of the items. Ms. Bourland informed, this year with numbers larger than previous years, any assistance in this is appreciated. More information can be obtained by calling Billie Westernoff at 754-1257.

            Brian Moss, Director of Environmental Health, reminded the Board and the community of the workshop this evening, conducted by the State Water Resources Control Board. Discussion will be held regarding the proposed AB 885 statewide on site wastewater regulations. The draft environmental impact report associated with the regulations will also be discussed. The meeting will be held a 7:00 P.M. in the Board of Supervisors chambers.

            Tony Boboluchi, San Joaquin/Calaveras Building Trades Council, spoke to the Board supporting the Trinitas project. Boboluchi stated this project will employ members of the Council and generate revenue for the County.

            Boboluchi asked for Board consideration for this project when it is on a meeting agenda and to keep in mind the benefits for the County.

            Gene Davenport, San Joaquin/Calaveras County Labor Council, spoke to the Board supporting the Trinitas project. Davenport feels it is time to move forward on this project that would generate tax dollars for the County. Davenport stated the project would benefit the schools and they would be able to use the facility for their golf programs. The roads will need to be addressed for the project. Davenport stated the corporation has the funds to go forward with project and asked for Board consideration for approval.

            Cory Burnell, representing Burnell Wealth Management, Valley Springs, submitted into the record, a report regarding Economic Considerations for the County.  Burnell highlighted his report listing: budget concerns for the County, addressing policies that inhibit economic growth, unemployment rate in the County, hindrance from the State, long term investment should be a priority, Planning Department development projects should be acted upon without delay for local work and tax benefits, support for the Trinitas project and the economic benefits it would derive and the County’s cash carry in jeopardy for the next year’s budget.

   Presentation of RESOLUTION recognizing Linda S. Churches, CPA, Auditor-Controller and staff for excellence in financial reporting; Auditor-Controller - Board action: approved 5-0

   Discussion and possible action re:  approval of contract and scope of work with Kitchell CEM, Inc. to provide design review and construction management services for the 240 Bed Jail Complex, Sheriff Administration Building, Dispatch Office of Emergency Services (OES), and operational components;  Sheriff - Board action: approved 5-0

   PUBLIC HEARING and possible Board action re: 2007-002 Zoning Amendment for Ups and Downs Ranch. The applicant is requesting a Zoning Amendment to accommodate a Boundary Line Adjustment. - Board action: approved 5-0

   Review of correspondence, reports and various matters of concern. Supervisor Tryon on Wednesday will attend a RCRC meeting in Sacramento.

   Supervisor Thomas referenced his attendance with Supervisor Callaway at the annual CSAC conference last week. Thomas stated the Governor was the guest speaker at a luncheon. Supervisor Thomas will attend the SB 885 Workshop this evening; on Wednesday evening will attend the Calaveras Parks and Recreation Commission meeting the Jenny    at the Jenny Lind Veterans Hall;  Supervisor Thomas extended an invitation to the Board to attend the Chamber Mixer at Panini’s Italian Grill in Copper Town Square on Thursday.

            Supervisor Callaway referenced the CSAC conference and the CSAC Presidents Award for not taking the counties money and for fighting attempts by the Legislature to do this. Supervisor Callaway will attend the SB 885 Workshop this evening; on Friday will be attending a Central Sierra Child Support meeting if it has not been cancelled; on Thursday will attend the Chamber Mixer in Copper Town Square;  this week, will attend the Deputy Sheriff’s Association dinner. Supervisor Callaway  announced, as a reminder, County Counsel James Jones will be teaching an ethics class at CalWORKs. It is    necessary to complete a class every two years for members of boards, committees and anyone who is paid or could be paid for expenses.

   Supervisor Claudino will not be attending the SB 885 Workshop this evening as he has a Historical Society Board of Directors meeting; on Wednesday morning he will attend the Mountain Valley Emergency Medical Services meeting; Supervisor Claudino encouraged attendance at the Calaveras Visitors Center open house on Wednesday;  Saturday evening will attend the Calaveras Historical Society dinner.

   Chair Wilensky will attend the SB 885 Workshop this evening; Chair spoke with concerns for the increasing number of meals to be served during the holidays with many on a waiting list. Encouragement was given to various food growing groups to plant additional rows in preparation for the anticipated increase in demand for food in the future months. Chair Wilensky, on Wednesday, will meet with the Food Bank at the University Extension 2:00 to formulate a project to address this growing concern;  on Friday will attend a Central Sierra Child Support meeting if it has not been cancelled;  Chair Wilensky on Saturday will attend a Calaveras Grown event;  on Monday will attend a Economic Development Chamber meeting; Chair Wilensky attended the Sierra Nevada Conservancy meetings which resulted in projects being funded. There are additional funds available for distribution. Proposals are due in mid-February and encouragement was given for the Districts to pursue this funding source. Chair Wilensky has been appointed the Vice-President of this organization.

   CAO Lawton announced he has successfully completed his AB1234 Training while attending the CSAC conference last week.

   County Counsel Jones had nothing to report.

   Gary Tofanelli, Supervisor-elect District I, reported on his attendance at the CSAC conference. Tofanelli referenced Calaveras County’s award  for providing substations through the hospital in various communities in the County.

   CLOSED SESSION: conference with labor negotiator, under Government Code section 54957.6, Assistant CAO/HR Director, Calaveras County Deputy Sheriff's Association (DSA) - Board action: No action taken

   CLOSED SESSION: conference with labor negotiator, under Government Code section 54957.6,  Assistant CAO/HR Director, Service Employees International Union, Local 1021 - Board action:  No action taken

   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.                                                                           

SUMMARY OF THE MINUTES OF A REGULAR MEETING OF THE BOARD OF SUPERVISORS

COUNTY OF CALAVERAS, STATE OF CALIFORNIA

HELD ON NOVEMBER 25, 2008

PRESENT:  Steve Wilensky, Chair; Russ Thomas, Vice-Chair; Bill Claudino, Thomas Tryon and Merita Callaway, Supervisors; James Jones, County Counsel; Robert Lawton, County Administrative Officer; and Carol Gates, Supervising Board Clerk

ABSENT: None

CONSENT AGENDA

1.                MINUTES of a regular Board of Supervisors meeting held on November 4, 2008 - Board action:  approved 5-0

2.                CORRESPONDENCE:  November 7-13, 2008 - Board action:  approved, as processed

3.                MINUTE ORDER:  1) authorizing Board Chair to sign the agreement with the California Department of Public Health for Centers for Disease Control/State General Fund Pandemic Influenza funds for public health emergency preparedness for the period of 8/10/08 thru 8/9/09, in the amount $193,943;  2) authorizing Board Chair to sign the Non-Supplantation Certification Form;  3) authorizing Board Chair to sign the Certification Regarding Lobbying; and 4) authorizing the Health Services Agency Director to sign any subsequent amendments to the agreement;  Public Health - Board action: approved 5-0

4.                MINUTE ORDER approving agreement between Calaveras County and Hensley Construction for remodel work at the Mental Health Clinic Modular, in the amount of $56,275;  Administration - Board action:  approved 5-0

5.                RESOLUTION accepting the canvass of results of votes cast at the general election held on November 4, 2008 and declaring certain persons elected or appointed to their respective offices;  County Clerk/Election Division - Board action:  approved 5-0

6.                RESOLUTION approving the application for grant funds from the State Bicycle Transportation Account for the West Point Bike Path Project;  Public Works - Board action:  approved 5-0

R E G U L A R    A G E N D A

7.                PUBLIC COMMENTS:  Bill Ward spoke on behalf of his wife, Josephine Ward, requesting that the Board investigate the hiring practices and the managerial skills of the Human Resources department and as to the actual process in determining eligible candidates for positions within the County.

Darryl Rusk, Burson, CA wished everyone an enjoyable/happy Thanksgiving Holiday.

Tim McSorley, Council of Governments (COG), extended an invitation to the Board and staff to attend the 10th Anniversary of COG at their annual Christmas Hob-Nob celebration, on December 16, 2008 from 2 to 6 p.m.

Bill Schmiett, Mountain Ranch, CA referred to an item discussed at last week’s Board meeting, regarding the County’s zoning policy, requiring that parcels created are to be in excess of 40 acres. He spoke on the economic impact this will have on his 36 acre piece of property that was originally zoned for 10 acre minimums.

Lakhmir Grewal, Air Pollution Control Officer, spoke of receiving complaints regarding recent smoke situations within the County.  He informed that the District is taking appropriate actions to reduce the smoke by not allowing burning in areas where excessive smoke has been observed.  He further informed that, as a public courtesy, Calaveras County, along with sister agencies, have agreed to not allow burning on Thanksgiving, the day after Thanksgiving, Christmas, the day after Christmas, New Years Eve and New Years Day. Grewal then announced that Carl Moyer funds are still available for distribution to qualifying candidates.   

7a.  ADDENDUM – Discussion and possible action re:  RESOLUTION authorizing the Chief Information Officer to sign Exhibit A-6, authorization to order under  state contract, a master services agreement for telecommunications and  network services between AT&T and the State of California, known as CALNET  2 – Technology Services – Board action:  approved 5-0

8.                Discussion and possible action re:  RESOLUTION accepting Holt of California's Bid and authorizing purchase of two (2) wheel loaders;  along with a BUDGET TRANSFER,  in the amount of $221,471.00, (requires a 4/5 vote) - Public Works - Board action:  approved 5-0

9.                Discussion and possible action re:  RESOLUTION authorizing boundary line adjustment 07-08 for Ken and Jeffery Winebrenner;  Dept. of Agriculture - Board action:  approved 5-0

10.            Continued discussion and possible Board action re: report from CDA regarding the scope of work and costs associated with preparation and inclusion of an Economic Development Element to the General Plan Update:  Community Development Agency (cont'd from 11/04/2008) - Board action:  approved Alternative #1 – accepted the report on costs and scope of work and directed staff to prepare the appropriate budget and task changes to the Mintier Harnish contract for later approval by the Board and accept the offer by the Business Council to share in costs for the element preparation;  5-0

11.  Discussion and possible action re:  approval of a letter in response to November 6, 2008 letter from Utica Power Authority in regards to the Water Element of the General Plan Update;  Community Development Agency - Board       action:  approved sending letter of response, as drafted;  5-0

12.            Discussion and possible action re:  RESOLUTION implementing a reduction in force in the Building Division of the Community Development Agency reflecting the deletion of 8.0 positions;  Community Development Agency - Board action:  approved Alternative #1, as amended to extend the termination date for 2 pay periods;  approved 3-2;  NOES:  Supervisors Wilensky and Thomas

13.            Discussion and possible action re:  recommendation from the Interim CDA Director regarding organizational structure of the Community Development Agency; Community Development Agency - Board action:  approved Alternative #1 – retain the Community Development Agency (CDA) in its current form and direct certain actions to be taken to reinforce the status of the agency as one fully integrated departmental unit;  3-2;  NOES:  Tryon & Wilensky

14. Discussion and possible action re:  MINUTE ORDER to cancel the Board meetings of December 2, 2008 and December 23, 2008 - Board action: approved 5-0

15.            Review of correspondence, reports and various matters of concern.  Supervisors Tryon and Claudino had nothing to bring before the Board at this time.

Supervisor Callaway will attend CSAC meetings next week; announced a Council of Governments (COG) meeting next week – asked Chair Wilensky to attend on her behalf.

Supervisor Thomas had no Board assigned meetings to report; requested the status of the surface, mining and reclamation act reports that are due annually.

Chair Wilensky will attend a Sierra Nevada Conservancy meeting next week – the meeting will be held in Calaveras County at Kautz Ironstone Vineyards, Murphys, CA. The meeting will include a tour on December 3rd to show other County Supervisors the splendors of Calaveras County, followed by an all day meeting on December 4th dealing with questions of funding and the spreading out of allocations, originally scheduled to be in the neighborhood of 18 million dollars this year.  Wilensky informed of a proposal to reduce that amount to 10 million in order to have a 4th year of allocations from the original proposition monies.

16. A study session was held with the Department of Public Works regarding an Operational Analysis of Calaveras Transit. This was a discussion informational item only.

SUMMARY OF THE MINUTES OF A REGULAR MEETING OF THE BOARD OF SUPERVISORS

COUNTY OF CALAVERAS, STATE OF CALIFORNIA

HELD ON NOVEMBER 18, 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  regular Board of Supervisor meetings held on October 21, 2008 and October 28, 2008 - Board action: approved  5-0

CORRESPONDENCE:  October 24 - November 6, 2008 - Board action: approved as processed; 5-0

MINUTE ORDER authorizing the Community Development Agency (CDA) to issue a refund, in the amount of $12,560, to applicant CRV Enterprises for outside consulting fees that are no longer needed;  Community Development Agency - Board action:  approved 5-0

MINUTE ORDER authorizing the Community Development Agency (CDA) to issue a refund, in the amount of $10,211.50, to applicant Greg Sloan for outside consulting fees that are no longer needed; Community Development Agency - Board action:  approved 5-0

RESOLUTION authorizing Board Chair to sign an amended SEI Solid Waste Collection and Hauling Permit Agreement to Waste Connections Incorporated; Public Works - Board action:  approved along with amendments to contract; 5-0

R E G U L A R    A G E N D A

PUBLIC COMMENTS:  Paula Pattengale, District 5 Domestic Animal Advisory Committee representative, addressed the Board regarding correspondence sent by the committee. Concerns were expressed for the lack of Board response to their communications. Ms. Pattengale referenced the May 16th information sent regarding “The Link” and asked for Board support for a Link workshop. Ms. Pattengale explained The Link is the correlation between animal abuse, family violence and other forms of community violence. The connection between the abuse of children and animals is a self-perpetuating cycle of violence. Ms. Pattengale continued, the link between children who witness abuse of animals to become great risks to be abusers and possibly inflictors of human violence. Ms. Pattengale requested County employees whose duties place them in awareness of any form of violence be informed about The Link.

                Ms. Pattengale stated a nationally and internationally known authority on The Link will be in the County to do a presentation on January 15, 2009 in the Sequoia Room at the CalWorks Building.  Ms. Pattengale asked for Board support for the workshop’s $1,000 cost and asked for all County departments to be aware of this presentation.

                Supervisor Callaway stated she would take the lead on working with the Sheriff’s Office and the Social Services Department to participate in the workshop.

Discussion and possible action re:  RESOLUTION appointing Chele Beretz as the Calaveras County Veterans Service Officer;  CalWORKs - Board action: approved 5-0

Continued discussion and possible action re:  review of the Calaveras County Juvenile Detention Needs Assessment and give direction to the County Administrative Officer, County Counsel, and Chief Probation Officer re: the Local Youthful Offender Rehabilitative Facility Construction Funding Program and partnership with Tuolumne County;  Probation (cont'd from 11/04/2008) - Board action: approved 5-0 giving direction to Chief Probation Officer to draft a letter to Tuolumne County stating if a juvenile detention is be built, Calaveras County would be interested in a long term lease contracting for 8 beds, pending the actual cost per bed.

Discussion and possible action re:  MINUTE ORDER upholding the findings and recommendations in Code Compliance Case #08-17 regarding Michael W. Pryor for property at 4383 Bonnett Court, Copperopolis, CA in Supervisorial District 5; administrative fine and costs totaling $4819.66 were imposed;  Code Compliance - Board action: approved 5-0

Discussion and possible action re:  MINUTE ORDER upholding the findings and recommendations in Code Compliance Case #08-18 regarding Elizabeth Edwards for property at 290 Black Oak Drive, in Supervisorial District 2; an administrative fine and costs totaling $3,297.66 were imposed.   Code Compliance - Board action: continued to December 2008

Discussion and possible action re:  MINUTE ORDER upholding the findings and recommendations in Code Compliance Case #08-19 regarding Timothy J. Poe for property at 5936 Chuckwagon Drive, in Supervisorial District 5; administrative fine and costs totaling $3,203.66 were imposed;  Code Compliance - Board action:  approved 5-0

Discussion and possible action re:  RESOLUTION  establishing a Habitat Conservation Plan Designated Fund and approve a MINUTE ORDER for a BUDGET TRANSFER,  in the amount of $46,000, requiring a 4/5 vote;  Community Development Agency - Board action:  approved 5-0

Discussion and possible action re:  2004-169 Extension of Time for Development Agreement for Saddle Creek (Calaveras Country Club).  The applicant is requesting approval of an extension of time to allow up to 10 (ten) years additional time to complete the development agreement for the Saddle Creek (Calaveras Country Club) subdivision.  The purpose of the extension is to allow the developer additional time to complete the obligations set forth in the Development Agreement.  Saddle Creek Subdivision is located in the southwestern portion of Calaveras County in Copperopolis, Sections 22, 23 & 27, T1N, R12E, MDM. - Community Development Agency  (cont'd from the meeting of 11/07/2008) - Board action:  approved 5-0

Discussion and possible action requesting Board direction regarding intention to amend the Copper Mill Zoning Code to add language governing sign height over pedestrian pathways;  Community Development Agency - Board action: approved 5-0 and approved 5-0 a minute order directing staff to review the County-wide sign code.

Discussion and possible action requesting that the Board provide clarification of the applicability of the approved Board policy, dated November 27, 2007,  to the range of projects as identified;  Community Development Agency - Board action:  direction give to staff stating all parcels created are to be in excess of 40 acres, a review of applications on a case by case basis for those that may have been actively working with the County at the time of policy initiation and industrial is not included in the Board policy approved November 27, 2007. 

Review of correspondence, reports and various matters of concern.       

                Supervisor Tryon had nothing to bring before the Board.

                Supervisor Thomas on Wednesday will attend a planning partners workshop in Vacaville;  on Friday will attend a meeting on Water and Wastewater Services on the Highway 4 Corridor;  Supervisor Thomas attended the second class on computer training at the Bret Harte High School. The classes are well attended with a waiting list to attend. Reference was made to a draft letter regarding concerns expressed for the animal   shelter. County CAO will address this mater and a request for a response from Utica Power Authority regarding the water element of the General Plan. Supervisor Thomas referenced correspondence from Orange County Supervisor, John Moorlach regarding financial consequences for A32 and SB375.

                Supervisor Callaway will attend a Juvenile Justice meeting and a Greater Arnold Business Association meeting this week. On Thursday will attend a jail meeting.

                Supervisor Claudino on Monday will attend a meeting with Jeanne Boyce and the administration staff of the Mountain Valley Emergency Medical Services regarding their budget crisis.

                Chair Wilensky recognized newly elected Supervisor for District I, Gary Tofanelli. On Thursday, he will attend a Mother Lode Job Training meeting. Chair Wilensky announced the Sierra Nevada Conservancy will convene their board meeting at Ironstone Vineyards on December 2 through December 3rd. Discussions will be held regarding grant applications and a tour will be conducted of the County. This is during the CSAC conference but Chair asked if there would be any Supervisors or staff available to participate in the tour of various sites including Murphys, Copper Town Square, the Chips project and Love Creek.

                CAO Lawton, announced there will be an agenda item on November 25th regarding the cancellation of the December 2nd and December 23rd meetings.  Department heads have been notified to assist in their preparation for agenda item requests.

                Lawton informed the Board a letter will be drafted, to the Humane Society regarding their concerns for the future of the animal shelter. The letter gives the status of the current capital improvement budget for the year.

                Lawton stated the Utica Power Authority draft response is an agenda item for November 25th to review and act upon.                                                                                                                                                                                  

   Chair Wilensky informed that a letter was sent by the Board regarding the Red Legged Frog issue.

                County Counsel Jones issued a reminder that his office is conducting the mandatory Ethics Training class on December 10th.

CLOSED SESSION: pursuant to Government Code Section 54956.9: conference with legal counsel re: existing litigation; Oakdale Irrigation District, et al. v. County of Calaveras, et al. Calaveras Superior Court Case No. 35081 and Committee to Save Lake Tulloch v. County of Calaveras, et al., Calaveras Superior Court Case No. 35086 - County Counsel - Board action: cancelled

                SUMMARY OF THE MINUTES OF A REGULAR MEETING OF THE BOARD OF SUPERVISORS

                COUNTY OF CALAVERAS, STATE OF CALIFORNIA

                HELD ON NOVEMBER 4, 2008

PRESENT: Steve Wilensky, Chair; Russ Thomas, Vice-Chair; Bill Claudino, Thomas Tryon & Merita Callaway, Supervisors;  James Jones, County Counsel; Robert Lawton, County Administrative Officer; and Carol Gates, Supervising Board Clerk

ABSENT: None

CONSENT AGENDA

1. MINUTES of a regular Board of Supervisors meeting held on  October 14, 2008 - Board action:  approved 4-1;  Abstained:  Claudino

2. CORRESPONDENCE:  October 21 thru 23, 2008 - Board action:  approved as processed, 5-0

REGULAR AGENDA

3. PUBLIC COMMENTS:  Christa Thompson, Behavioral Health Services, informed of a 1:30 p.m. study session this afternoon on the new Workforce, Education and Training component of the Mental Health Services Act.  Later this afternoon, at 4:00 p.m., a public hearing will be held, on the same topic, at the Mental Health Board meeting, located at 373, West St. Charles Street, Suite E in San Andreas, CA. Ms. Thompson shared a press release regarding one of the programs that is part of the plan. Behavioral Health is sponsoring a new Masters of Social Work program that is being taught with a rural mental health emphasis. An information session will be held on December 11th at 5:30 p.m., location to be determined.

4. Discussion and possible action re:  MINUTE ORDER authorizing Board Chair to sign a letter addressed to the U.S. Fish & Wildlife Service seeking exclusion from critical habitat designation;  Dept. of Agriculture - Board action: approved sending the letter, as modified by Mary Mutz, Agricultural Commissioner, incorporating clear, concise suggestions resulting from meeting, and in concurrence, with the Bureaus and stakeholders.  Should there be uncertainty and if interested parties do not totally agree on the content, the letter will be to the satisfaction of the Board Chair. The final draft will be submitted to Board Chair for execution no later than November 14, 2008;  approved 5-0    

5. Discussion and possible action re:  review of the Calaveras County Juvenile Detention Needs Assessment and give direction to the County Administrative Officer, County Counsel and Chief Probation Officer regarding the Local Youthful Offender Rehabilitative Facility Construction Funding Program and partnership with Tuolumne County;  Probation - Board action:  Motion made directing staff to continue working on the matter with Administration and Counsel and return to the Board with results and recommendations on November 18, 2008;  approved 4-1;  NOES:  Callaway 

6. Discussion and possible action re:  direction to staff regarding including an Economic Development Element into the General Plan Update;  Community Development Agency - Board action:  Motion made to accept the recommendation of the Business Council, direct the preparation of the Economic Development Element by the County’s consultant Mintier and Associates, in conjunction with business and community groups.  Staff shall bring  a plan to implement, with an amended scope of work and cost.  Current timelines for completion of the General Plan shall not be extended under the plan which shall be brought to the Board for consideration at its November 25, 2008 meeting.  The plan shall include a timeline; approved 4-1.  NOES:  Supervisor Callaway

7. Discussion and possible action re:  MINUTE ORDER appointing applicant to complete an unexpired term, to December 31, 2010, on CSA #1, Rancho Calaveras - Board action:  appointed applicant Shelly R. Prater; 5-0

8. Discussion and possible action re:  MINUTE ORDER to appoint a member of the Board of Supervisors to serve as a Director on the California State Association of Counties (CSAC) Board, along with an alternate appointee, for the 2009 association year, beginning December 1, 2008. - Board action:  selected Supervisor Callaway with Supervisor Thomas as the alternate;  approved 5-0

9. Review of correspondence, reports and various matters of concern.  Supervisor Tryon had nothing to bring before the Board at this time.

Supervisor Callaway will attend an Ebbetts Pass Property Owners meeting and a Council of Governments meeting this week.

Supervisor Thomas will attend a Harassment Training session on Thursday.

Supervisor Wilensky will attend this afternoon’s Mental Health Board meeting; an Area 12 meeting in Mariposa on Thursday; and on Friday, a 1st Five Commission meeting; referred to public  property tax discussion  meetings in West Point and Mountain Ranch with the Assessors Office.

CAO Lawton spoke of last week’s Government Center Halloween celebration; spoke of outstanding performances by departments; thanked Jeanne Boyce, Health Agency, and Michael Kriletich, Probation Chief,  for organizing the HRC Food Bank  collection event; offered special thanks to County employees for their participation and generous donations.

Counsel Jones announced that he and Assistant Counsel Sirias,  will be offering the mandatory ethics training, primarily for special districts, or anyone that would like the training before the end of the year. The training session will be held on Wednesday, December 10, 2008, from 9:00 p.m. to 11:00 p.m. at the CalWORKs Sequoia Room, San Andreas, CA.

10. CLOSED SESSION: pursuant to Government Code Section 54956.9: conference with legal counsel re: existing litigation   - Oakdale Irrigation District, et al. v. County of Calaveras, et al. Calaveras Superior Court Case No. 35081 and Committee to Save Lake Tulloch v. County of Calaveras, et al., Calaveras Superior Court Case No. 35086 - County Counsel - Board action: no action taken

11. CLOSED SESSION; conference with legal counsel; existing litigation; Collins v. County of Calaveras; Case No. 1:06-CV--1755 AWI SMS; pursuant to Government Code section 54956.9(a); County Counsel - Board action:  no action taken

12. Discussion re:  Mental Health Services Act (MHSA) Workforce Education & Training (WE&T) Proposed Plan for Calaveras County; Behavioral Health – The Board supported the MHSA Workforce Education and Training Three Year Program and Expenditure Plan as presented and concurred with staff’s recommendation to proceed with submitting the Plan as written to the State Department of Mental Health for their review and approval.

SUMMARY OF THE MINUTES OF A REGULAR MEETING OF THE BOARD OF SUPERVISORS

COUNTY OF CALAVERAS, STATE OF CALIFORNIA

HELD ON OCTOBER 28, 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

1.                MINUTES of regular Board of Supervisor meetings held on  September 23, 2008 and October 7, 2008 - Board action:  approved 5-0

2.                CORRESPONDENCE:  October 10-16, 2008 - Board action: approved 5-0

3.                RESOLUTION authorizing an agreement between Calaveras County and Crestwood Behavioral Health, Inc. for inpatient psychiatric hospital services for an amount not to exceed $150,000 for fiscal year 2008-2009;  Public Health - Board action: approved 5-0

4.                RESOLUTION  authorizing the county election official to provide specific services in conjunction with the Copperopolis Fire Protection District election, to be held on March 3, 2009;  County Clerk/Elections Dept. - Board action:  approved 5-0

5.                RESOLUTION amending resolution 08-038 to include California Sales Tax in the purchase of the automatic tarping machine; along with a BUDGET TRANSFER, in conjunction therewith:   Public Works - Board action: approved 5-0

R E G U L A R    A G E N D A

6.                PUBLIC COMMENTS:  Terry Baker, Rail Road Flat, spoke referencing his public comments last week regarding a nuisance and noise ordinance. Baker voiced concerns that the noise portion will not be in the ordinance. Baker submitted into the record a copy of documentation from the Sheriff’s Department regarding nuisance animals. Baker referenced Robert Sellman, Planning Director’s comments from the October 21st study session. Sellman stated that the noise portion would not be addressed in the ordinance, as this is sanctioned by the State of California.  Concerns were expressed for the ongoing disturbances near his residency from the roosters and chickens his neighbors have on their property. Baker asked that the current ordinance be enforced to assist him with this serious issue.

            Darryl Rusk, Burson, spoke referencing the elections that will be held next week.

  Dominico Nuccio, Mokelumne Hill, referenced a letter from the Building Department requesting $94 to reinstate a building permit. A year ago a heater had been installed in his home and he thought that the contractor had addressed this issue. Nuccio feels that the charge for an oversight is not reasonable and a procedure should be in place for public notification prior to a situation getting to this level.

7.                Discussion and possible action re: appeal of Public Works decision to deny applicant an Encroachment Permit in the County right-of-way;  Public Works - Board action:  approved 3-1 NOES: Callaway RECLUSED: Tryon

8.                Discussion and possible action re:  request for waiver of Department of Agriculture fees, in the amount of $542.50, for processing of California Land Conservation Contract No. 302 (Bowman);  Dept. of Agriculture - Board action:  approved 5-0

9.                Discussion and possible action re:  Board of Supervisors response to the 2007-2008 Final Grand Jury Report;  County Counsel - Board action: approve 5-0

10.            Review of correspondence, reports and various matters of concern. Supervisor Thomas on Thursday will attend a jail meeting, a Red Legged Frog meeting and a Copperopolis Fire meeting.

     Supervisor Callaway referenced the Chili Cook-off and car show at the Senior Center on Saturday.  The Master Gardeners held a plant sale and there was an Adopt a Pet event at the Animal Shelter. Supervisor Callaway stated a concern for the growing number of animals and livestock needing to be rescued. Different groups are attempting to assist with these animals for their care and feeding.  Supervisor Callaway feels this is an outcome of growing concerns for assistance in the community for different venues and groups.

            Supervisor Callaway, this week, will attend a Treasury Oversight Committee meeting, a jail meeting, a Red Legged Frog meeting. On Friday, Supervisor Callaway will be in Sacramento for a State Water Plan meeting. Supervisor Callaway announced a community quilt fair this week-end and the first Environmental Film Festival on Saturday evening.

            Supervisor Claudino reported on a meeting he attended on October 24^th for the Calaveras Mariposa Community Action Agency in Coulterville. Funds have been disbursed from grants for:  Mother Lode Job Connection - $55,000;  Calaveras Braille that assist people with disabilities in their homes – $5,000; Human Resource Council, Food Bank - $70,000;  Calaveras Child Dental Program - $9,500; Valley Springs Youth, for after school and mentoring program - $7,500.

            Supervisor Claudino on Thursday will attend the Red Legged Frog meeting, Thursday flu shots will be given, on Friday will attend a Central Sierra Child Care Council meeting for Supervisor Callaway.  

            Supervisor Tryon had nothing to report                                                                                   

            Chair Wilensky will attend a showing tonight presented by the Child Care Council and OCOC;  an announcement was made for tax meetings that will be held regarding evaluations, baseline and appeal processes in West Point on Wednesday and in Mountain Ranch on Thursday. Thursday will attend the Red Legged Frog meeting, on Friday will attend a Central Sierra Child Care Council meeting. 

            Chair Wilensky reported on the National Forest Foundation Conference that he attended last week in Montana. Projects associated with the national forest systems were discussed.  The topic of how to rekindle economies lost when mill closures affected people. What is done afterwards to maintain the health of the forests, the economy and to insure fire safe communities. Supervisor Wilensky stated there will be forest stewardship projects possible in the future. Representatives from the Sierra Conservancy and the National Forest Partnership Department will visit Calaveras County. This may assist in the development of an extensive forest service stewardship program for the Stanislaus National Forest. This program could put many people back to work, if the County was selected as the primary site. 

            Bob Lawton, County Administrative Officer, stated on Tuesday November 11^th Veterans Day, there will not be a Board of Supervisors meeting. On Wednesday, he will attend a meeting with John Brophy, Calaveras County       Schools, discussing the Safe Rural Schools Allocation. Congress has acted to restore these funds, with the suggestion to have the same distribution of funds as in previous years. CAO Lawton, on Wednesday, will be the luncheon speaker at the Calaveras County Taxpayers Association meeting regarding the state budget impacts on Calaveras County. The Federal Payment in Lieu of Taxes fund has been increased and there may be some unanticipated funds that will be split with the school districts.

            James Jones, County Counsel, reported on a letter Acting Board Chair Thomas gave to him last week regarding the organization Stewards of the Range. The organization is based on the fact that most of the Federal legislation governing land use, requires the Federal government to coordinate with local government. Jones further reported that the group feels that the same degree of respect should be given to local government’s general plan. The organization is designed to assist local governments extract the most possible from this requirement. Jones stated that it does not give local government veto power over what the Federal government does. Jones will continue to gather information from other counties and present this to the Board.

            Supervisor Callaway stated Calaveras is a Home Ruled County. Supervisor Callaway feels that the U.S. Forest Service has been very willing to work in a positive manner with the County on issues that have arisen.

            Supervisor Thomas referenced a letter from Peggy Brooks of the Bureau of Reclamation. The letter referenced correspondence from the County regarding the development on the west side of New Melones. Direction was given to CAO to arrange a meeting for this issue.

11.   Discussion re:  Mining's Toxic Legacy, Environmental Health; informational only

Mail: P.O. Box 1297, Valley Springs, CA 95252 
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