MINUTES OF A REGULAR MEETING OF THE BOARD OF SUPERVISORS_ by jianghongl

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									            MINUTES OF A REGULAR MEETING OF THE BOARD OF SUPERVISORS,
                      COUNTY OF CALAVERAS, STATE OF CALIFORNIA,
                               HELD ON MARCH 26, 2001


PRESENT:    Lucy Thein, Chair; Terri Bailey, Vice-Chair; Paul Stein, Merita Callaway
            and Thomas Tryon, Supervisors; Spencer Batchelder, County Counsel;
            Brent Harrington, County Administrative Officer; and Carol Gates, Board
            Clerk

ABSENT:     None

Meeting recorded on Cassette 01-13, Sides I & II


10:00 a.m.: Chair Thein called the meeting to order leading everyone in the Pledge
of Allegiance to the Flag then announced that there is an addendum to today’s
meeting, agenda item 14a, scheduled at 10:10 a.m., as follows: for discussion and
possible action – a RESOLUTION approving the execution of a Federal Apportionment
Exchange Program and State Match Program Agreement, in an amount not to exceed
$256,676.00, and authorizing Board Chair to execute the agreement.

                           C O N S E N T       A G E N D A


Supervisor Bailey pulled agenda item #10 for discussion. Motion was then made
approving the balance of the consent agenda, as submitted.
Moved: Bailey               Second: Tryon                 Approval: Unanimous

1.    Minutes of the Regular Board of Supervisors Meeting of March 12, 2001, as
     written

2.    CORRESPONDENCE:   March 9-15, 2001 (see PAGE’s 6 & 7), as processed

3.    RESOLUTION     A RESOLUTION AUTHORIZING CHANGES TO THE
      NO. 01-68      POSITION CONTROL LIST TO INCLUDE POSITION
                     NO. 29/07, FAMILY SUPPORT-CHILD SUPPORT
                     CUSTOMER SERVICE MANAGER, EFFECTIVE
                     MARCH 26, 2001

4.     MINUTE ORDER rejecting Claim No. 01-03, filed on February 13, 2001 by
     Kenneth M. Foley, Attorney, on behalf of Judith J. Ross re: August 29, 2001
       vehicular accident at the intersection of Lilac and Alder Streets, Arnold,
       CA; County Counsel

5.    MINUTE ORDER approving the renewal of a revised Memorandum of Understanding
      (MOU) with the Calaveras County Children and Families Commission.

6.    RESOLUTION     A RESOLUTION AUTHORIZING THE ENVIRONMENTAL
      NO. 01-69      SERVICES JOINT POWER AUTHORITY (ESJPA) TO
                     SUBMIT A REGIONAL APPLICATION FOR FUNDING
                     UNDER THE CALIFORNIA INTEGRATED WASTE
                     MANAGEMENT BOARD’S (CIWMB) NINTH CYCLE
                     HOUSEHOLD HAZARDOUS WASTE GRANT CYCLE


                                                               (Cont’d to PAGE 2)

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                                                              FINAL MINUTES
                                                              March 26, 2001



7.    RESOLUTION    A RESOLUTION ACCEPTING CONSTRUCTION OF
      NO. 01-70     BLAGEN ROAD BIKEWAY FACILITY AND
                    AUTHORIZING BOARD CHAIR TO EXECUTE A
                    NOTICE OF COMPLETION AND AUTHORIZING THE
                    DIRECTOR OF PUBLIC WORKS TO PROCESS FINAL
                    PAYMENT, IN THE AMOUNT OF $24,327.32, TO
                    ON GRADE CONSTRUCTION

8.    RESOLUTION    A RESOLUTION APPROVING A STANDARD PERFOR-
      NO. 01-71     MANCE AGREEMENT BETWEEN THE STATE DEPART-
                    MENT OF MENTAL HEALTH AND THE CALAVERAS
                    COUNTY MENTAL HEALTH DEPARTMENT FOR FISCAL
                    YEAR 2000/2001

9.    RESOLUTION    A RESOLUTION AUTHORIZING THE TECHNOLOGY
      NO. 01-72     SERVICES DEPARTMENT TO PURCHASE A CISCO
                    3005 VIRTUAL PRIVATE NETWORKING (VPN) UNIT
                    FROM COMPUTERWARE, IN AN AMOUNT NOT TO
                    EXCEED $3,210.00, ALONG WITH A BUDGET
                    TRANSFER FOR SAID AMOUNT IN CONJUNCTION
                    THEREWITH

11.   RESOLUTION    A RESOLUTION AUTHORIZING THE ASSESSOR’S
      NO. 01-73     OFFICE TO PURCHASE A PRINTER FOR THE
                    TREASURER/TAX COLLECTOR’S OFFICE, FROM
                    SEHI COMPUTER PRODUCTS, IN AN AMOUNT
                    NOT TO EXCEED $2,460.98.

10. COUNTY FIRE/BUDGET TRANSFER      (01-13, I, 168)
Supervisor Bailey asked the Board to consider buying additional water tenders
rather than making a second annual payment on the existing water tender lease.
Bailey referred to the Foothill Fire water tender as inadequate. Chair Thein
indicated that San Andreas is also in need of a more efficient water tender.
Supervisor Tryon referenced a study session at which time the Board made the
decision to dissolve County Fire. He stated that the current water tenders were
purchased according to the recommendation of the Fire Chiefs Association and the
purchasing of new tenders would put the County back in the fire business. Tryon
then recommended the County continue to pay off the existing loan in order to
alleviate a long term debt.      Dru Utterback spoke regarding the placement of
tenders, the purchase of and various types of water tenders; then asked the Board
to look at this as a natural need for the Foothill Fire area.       Neal Williams
referred to the current Foothill Fire water tender as a truck, not a water tender.
 Ed Anderson expressed concern of the fire season fast approaching.

Motion was then made approving a Budget Transfer, in the amount of $44,602.88, and
authorizing the Auditor/Controller to transfer said funds from the County Fire
Revenue Account #4721 (Transfers from Trust Funds) to Expense Account #5580 (Long
Term Debts) in order to pay down the Water Tender lease.
Moved: Tryon                   Second: Stein                Approval: Majority
                                                            NOES:       Bailey
                                                                        Thein


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                                                              (Cont’d to PAGE 3)
                                                                3/26/01 MINUTES


                           R E G U L A R       A G E N D A

12. PUBLIC COMMENTS/GENERAL PUBLIC    (01-13, I, 1031)
There were no persons present wishing to address the Board.

13. FOOTHILL PARKS & REC. DISTRICT/LAFCO      (01-13, I, 1133)
Supervisor Bailey initiated a continued conversation, from the Board meeting of
March 19th, regarding the creation of a Parks and Recreation District within the
current boundaries of the Foothill and Jenny Lind Fire Districts. A resolution was
submitted to begin the LAFCO process for creating the district.       Dave Tanner,
Tanner Consulting Group and a Valley Springs resident, spoke regarding a donation
of land by the Army Corps of Engineers; volunteers working together to create
something to better the lifestyle of the Community – a new park to be located at
New Hogan Reservoir; stated funding for the park would be private donations – there
would be no charge to the County; he referred to a Recreation District within our
County as a start of many positive things to come. Julie Moore voiced her support
of the Hogan Park; spoke of the need for a park with a wide variety of activities
available; informed that as an employee of First American Title, she was also here
on a corporate level of support - First American Title was one of the first
corporate sponsors making a $5,000 donation. Leslie Mote, a LaContenta resident
and petition drive coordinator for the project, spoke of collecting signatures in
support of a special tax to be used for maintenance only of the facility. Judy
Allen, a Director with Foothills Parks and Recreation, clarified that Foothills
Park and Recreation is a legal California non-profit corporation formed last year;
referenced community support and the need for such a facility; indicated that they
are not trying to duplicate services but are only trying to enhance what is already
available; she then informed that they are withdrawing their request for a
Resolution of application requesting the Local Agency Formation Commission take
proceedings for the formation of the District; the committee will proceed with the
petition process; she then stated that when the project is completed, it will be
the pride of Calaveras County. Dru Utterback/Foothill Fire District, voiced his
support of the project. Jack Kuhl, a District I resident, spoke of the need of an
area for both the young and old to be involved in recreational activities; then
voiced over-building and maintenance concerns. Dave Wilson, President of the Jenny
Lind Veterans Memorial District, agreed that there is a need for a Parks and
Recreation District in the area; referred to the approach being considered as too
big for the area; current facilities are not being utilized; spoke of Prop 12
provisions for non-profit groups, - grants requiring matching funds; suggested the
group look into doing a feasibility study. Phil Cain, Rancho Calaveras, spoke of
the LAFCO process; indicated that an assessment district for funding the park would
create a variety of problems; there was no physical evidence to support the
district; stated that since the park would be on federal land, it could be
beneficial to the entire County; if there is an assessment – should the entire
County be involved? then advised that the proper way to proceed would be through
the LAFCO process. Andy Ballantyne, District V, spoke of the need to expand what
is already in existence; questioned who would be supplying matching money for grant
funding; then referred to the cost for the project as astronomical. Kris Belshe,
a Valley Springs coach, voiced the need for additional, well maintained, ball
fields and referred to sports as a tool for teaching our children about life.
There were no others in attendance wishing to address the issue.       No official
action was required by the Board since the group requested that their Resolution
be withdrawn from the agenda since they have chosen to proceed with the petition
process.

                                           3
                                                               (Cont’d to PAGE 4)

                                                                 FINAL MINUTES
                                                                 March 26, 2001



14a. ADDENDUM/PUBLIC WORKS/AGREEMENT    (01-13, I, 2919)
Motion was made approving the following Resolution authorizing the execution of a
Federal Apportionment Exchange Program and State Match Program – California
Department of Transportation, in the amount of $256,676.00, and authorizing Board
Chair to execute the agreement.
Moved: Tryon              Second: Callaway                 Approval: Unanimous

     RESOLUTION     A RESOLUTION APPROVING EXECUTION OF
     NO. 01-74      FEDERAL APPORTIONMENT EXCHANGE PROGRAM
                    AND STATE MATCH PROGRAM

OFF AGENDA ITEM/SUPERVISOR/LEGISLATION    (01-13, I, 2962)
Supervisor Stein submitted for consideration a letter addressed to the Honorable
Don Perata, California State Senate, voicing support of Senate Bill 1008 –
authorizing the Counties of Alpine, Amador and Calaveras, as a joint powers
authority, known as the Upper Mokelumne River Watershed Authority, to acquire,
operate, maintain existing works, property, and facilities within said counties for
the generation of hydroelectric power. He clarified the need of bringing this to
the Board as an “off agenda item” stating that tomorrow is the deadline for
submitting comments and the material was distributed at a meeting of the Mokelumne
River Authority just last Friday. Stein further asked the Board to consider a
Resolution in support of SB 1008 and thus effect the transfer of Pacific Gas &
Electric Company’s Project No. 137, based on terms and conditions found to be just
and reasonable by the Public Utilities Commission, to the consortium of public
agencies which have formed the Upper Mokelumne River Watershed Authority.

Motion was made stating that the Board made a finding that the need to take action
on an off agenda item arose subsequent to the posting of the Agenda.
Moved: Stein                  Second: Tryon                 Approval: Unanimous

Motion was made authorizing Board Chair to sign a letter to be sent to Senator Don
Perata, Senator Rico Oller, and Assemblymember Tim Leslie, and the Governor of
California, and approving the following Resolution declaring Calaveras County as
an official supporter of Senate Bill 1008 and urging the California Legislature to
enact Senate Bill 1008 authorizing the transfer of PG&E’s Project No. 137 to the
Upper Mokelumne River Watershed Authority.
Moved: Stein                  Second: Callaway              Approval: Unanimous

     RESOLUTION     A RESOLUTION IN SUPPORT OF SENATE
     NO. 01-75      BILL 1008

14. COUNTY COUNSEL/SADDLE CREEK     (01-13, I, 3121, cont’d to side II)
Spencer Batchelder, County Counsel, spoke regarding the need of a disclosure
counsel in   connection with the proposed issuance, sale and delivery of the
County’s pending issue of special assessment bonds for the Saddle Creek Assessment
District. Batchelder recommended the Law Firm of Foley & Lardner advising that
they come highly recommended. He then submitted for review a letter from the firm
setting forth the understanding of the County and the Disclosure Counsel in
connection with the subject matter.

                                          4
                                                               (Cont’d to PAGE 5)
                                                                FINAL MINUTES
                                                                March 26, 2001



Motion was made authorizing the employment of the Law Firm of Foley & Lardner as
Disclosure Counsel for the possible Saddle Creek Community Facilities District
(CFD).
Moved: Bailey                  Second: Tryon              Approval: Unanimous

15. CORRESPONDENCE/SUPERVISORS/STAFF      (01-13, II, 3153)
a) Supervisor Stein will have office hours in West Point and Mountain Ranch on
Thursday; referenced a letter from CSAC re: County Energy Conservation efforts –
CAO will look into this and report back to the Board at a later date; spoke of a
meeting he attended last week with Assemblyman Leslie and discussions re: the
Mokelumne River Joint Powers Authority (JPA) and his agreement to author Senate
Bill 1008;    b)   Supervisor Callaway will attend an Amador County Board of
Supervisors meeting tomorrow to discuss the location of a Juvenile Detention
Facility; a Board of Realtors luncheon tomorrow – our Planning Director will be the
speaker; an Ebbetts Pass Property Owners Council meeting on Wednesday followed by
a County Fish & Game Commission meeting that evening; c) Supervisor Bailey will
attend a LAFCO meeting this evening; Wednesday a LAFCO workshop in Sacramento;
Thursday will be a guest speaker at a Senior Lunch Group function in Valley Springs
re: the price of natural gas; referenced her attendance last Friday at a
reapportionment workshop – they suggested putting together a “Citizens Kit” and
having public meetings re: reapportionment; spoke of a proposed Valley Springs
Farmers Market – asked the Board for their support in waiving a $250.00
Administrative Use Permit fee – she referred to this as a way of promoting
agriculture within the County – County Counsel will follow up on this and report
back to Board re: the status of Agricultural Use Permits for farmers markets; d)
 Supervisor Tryon attended a meeting last week in Murphys with a Consulting Group
re: the circulation element – three additional road extensions; referenced a letter
from the Board of Realtors re: a legislative analyst opinion re: the payment of
taxes for Boundary Line Adjustments – asked Counsel to prepare a written response;
 e) Supervisor Callaway spoke of her attendance at a Peer Court last Thursday;
 f) Supervisor Thein will attend a Mountain Oaks Foundation meeting tomorrow
evening; then announced a meeting this coming Friday offering assistance in
preparing applications for Prop 10 funding;        g)    Brent Harrington, County
Administrative Officer, announced his resignation, effective April 30, 2001 – to
accept an employment challenge and become the President and CEO of the Regional
Council of Rural Counties (RCRC) in Sacramento, CA.

ADJOURNMENT/BOARD OF EQUALIZATION
There being no further business requiring action this day, the meeting was
adjourned for the noon recess with the Board returning at 1:30 p.m. to sit as a
Board of Equalization to conduct quarterly hearings and will finally reconvene as
a Board of Supervisors at 7:00 p.m., on April 2, 2001, for a regular Board of
Supervisors meeting.




ATTEST:                                                          CHAIR


                                          5
         CLERK
                                                           (Cont’d to PAGE 6)
                                                               FINAL MINUTES
                                                               March 26, 2001


                             C O R R E S P O N D E N C E

THE BOARD REVIEWED THE FOLLOWING CORRESPONDENCE AND TOOK NO FURTHER ACTION:

MARCH 9, 2001
1.    From: Calif. State Rural Health Association re: Registration for Spring
Member Meeting on March 22, 2001, Tenaya Lodge, Fish Camp; Action:
Individual forms to Board Members
2.    From: Mountain-Valley EMS re: agenda, etc., for Regional Advisory
Subcommittee meeting on March 21 at Copperopolis; Action: referred to Thein
3.    From: University of Calif. Cooperative Extension re: March 2001 Master
Gardener Update; Action: Individual copies to Board Members
4.    From: Pacific Gas & Electric Co. re: informational meeting on electric
emergency plan (EEP) process open to certain officials; Action: cc: Board,
Admin.
5.    From: Regional Council of Rural Counties re: Agenda Packet for
Environmental Services JPA Board of Directors Meeting on March 15th; Action:
referred to Tryon and Bailey
6.    From: Jim Riggs, Murphys, re: copy of his letter to Kim Hansen, Planning
Director, re: Lot #23 Indian Rock Ranch Subdivision; Action: referred to
Tryon; cc: County Counsel, Admin.
7.    From: W.D. and Judith L. Miller, Jamestown, re: copy of their letter to
CCWD re: outrageous water payments for nonuse; Action: referred to Bailey
8.    From: State Business, Transportation and Housing Agency congratulating
county on receipt of traffic safety grant (Project No. RS0117); Action: cc:
Board, Public Works, COG
9.    From: RCRC Calif. Rural Home Mortgage Finance Authority re: agenda for
March 15th meeting; Action: referred to Stein and Tryon
10. From: Regional Council of Rural Counties re: agenda packet for March
14th RCRC Board of Directors meeting; Action: referred to Bailey
11. From: Valley Springs Public Utility District re: copies of
correspondence on 00-107 General Plan Amendment & Zoning Amendment for Patrick
Day etal; Action: referred to Bailey; cc: Planning
MARCH 12, 2001
12. From: Amador Resource Conservation District re: Agenda for March 15,
2001; Action: cc: Board
13. From: Calaveras County Economic Development Company re: upcoming Events,
Courses & Programs and flyer entitled "Special Energy Edition"; Action: cc:
Board, Admin.
14. From: Ruben Barrales, Deputy Assistant to the President and Director of
Intergovernmental Affairs, re: letter to Supervisor Stein re: recent visit to
Washington; Action: referred to Stein
15. From: State Dept. of Forestry & Fire Protection re: response to Tryon's
letter of June 5, 2000, re: concern's about logging by Sierra Pacific
Industries in the Ebbetts Pass Corridor; Action: cc: Board, Admin., Planning
16. From: CSAC re: March 8, 2001, Counties' Leadership Letter; Action:
Individual copies to Board Members
17. From: Sacramento-Mother Lode Regional Association of Supervisors re:
correction in date for next meeting which will be held on April 4, 2001 at the
Sacramento Convention Center; Action: referred to Stein and Callaway

                                        6
                                                        (Cont’d to PAGE 7)
                                                           FINAL MINUTES
                                                           March 26, 2001



18. From: State Dept. of Forestry & Fire Protection re: Timber Harvesting
Plans or Amendments thereto for Transvest Corp., El Dorado; Action: referred
to Callaway
19. From: CSAC re: March 8, 2001 Legislative Bulletin; Action: Individual
copies to Board Members
20. From: Josey Sinclair, Governmental Affairs Administrator, RCRC, re: new
2001 Government Roser and Guide from State Net; Action: Route & File
MARCH 13, 2001
21. From: Steven G. Mikelich, Attorney, re: Carlson v. County of Calaveras,
Case NO. 27086; cc: Board, County Counsel
22. From: L.K. Quinn, Lieutenant Commander, San Andreas Area, California
Highway Patrol, re: report of illegal discharge (or threatened illegal
discharge) of hazardous waste on 3/11/01 in front of Central Sierra Bank on
SR-26 west of SR-12, Valley Springs; Action: cc: Board; OES; Env. Health
23. From: State Dept. of Health Services re: FY 2000-01 RHS Funding for the
Hospital Services Account (HSA); Action: cc: Board, Health, Admin.
24. From: Calif. Dept. of Child Support Services re: Local Child Support
Agency Customer Service Plans; Action: cc: Board
25. From: State Senate & Assembly inviting Board to attend the 40th Annual
California Prayer Breakfast on April 19, 2001 in Sacramento; Action: referred
to Board Chair
26. From: Paul Kemper, co-president of Friends of the Ranch, re: support
letter for entitlement processing for Oak Canyon Ranch; Action: Individual
copies to Board Members; cc: Planning (CAO Harrington also received this)
MARCH 14, 2001
27. From: HRC Child Care Resources re: agenda for Calaveras Child Care
Council Meeting on March 20, 2001; Action: cc: Board; post
28. From: Area 12 Agency on Aging Advisory Council re: meeting notice for
March 19, 2001; Action: referred to Bailey; post
29. From: U.S. Postal Service re: Copperopolis Post Office Expansion;
Action: referred to Bailey; cc: Admin.
30. From: Steven Szalay, Executive Director, CSAC, re: Public Service
Skills, Inc.; Action: cc: Board
MARCH 15, 2001
31. From: Lin Reed, Executive Director, Human Resources Council, in support
of County's application for a CDBG Planning & Technical Assistance Grant for
an emergency shelter; Action: cc: Board, Admin., referred to 3/19/01 Board
Meeting
32. From: Pacific Bell re: Telecommunications Update, Calaveras County -
March 2001; Action: Individual copies to Board Members; cc: Admin., OES
33. From: Calif. Integrated Waste Management Board re: Forum on Conversion
Technologies for Municipal Residuals, May 3-4, 2001, Sacramento; Action: cc:
Board
34. From: Calaveras Community Television re: March 2001 Newsletter; Action:
cc: Board, Admin.
35. From: Calaveras Visitors Bureau re: Events Calendar, Visitor's Guide,
etc.; Action: Individual copies to Board Members



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