MINUTES OF A REGULAR MEETING OF THE BOARD OF SUPERVISORS, COUNTY OF CALAVERAS, STATE OF CALIFORNIA, HELD ON APRIL 3, 2007 PRESENT: Bill Claudino, Chair; Steve Wilensky, Vice-Chair; Thomas Tryon, Russ Thomas and Merita Callaway, Supervisors; James Jones, County Counsel; Tom Mitchell, County Administrative Officer; and Carol Gates, Supervising Board Clerk 9:00 A.M.: Call to Order Pledge of Allegiance Announcements: The following 2 closed sessions, on last week’s agenda, were cancelled: 1) a closed session, conference with labor negotiator, under Government Code section 54957.6, Assistant CAO, Human Resource Director; Calaveras County Deputy Sheriff’s Association (DSA); and 2) a closed session, conference with labor negotiator, under Government Code section 54957.6, Assistant CAO, Human Resource Director; In Home Support Services (IHSS) The following 2 closed sessions were held last week resulting in no action taken: 1) closed session; existing litigation; conference with legal counsel (SEIU Local 4988 and County of Calaveras, involving grievance of Miller, CSMCS, Case ARB 05-0618), pursuant to Government Code section 549056.9(a); and 2) closed session; conference with legal counsel; anticipated litigation – significant exposure to litigation, (one case), pursuant to Government Code section 54956(b)(1). A closed session was held last week re: conference with legal Counsel, possible initiation of litigation; (1 case), County of Calaveras v. Michael Ninos dba Victoria Inn; pursuant to Government Code section 54956.9(c) resulting in the Board unanimously authorizing County Counsel to initiate litigation. Chair announced that Congressman Dan Lungren will be holding a town hall meeting this evening, at 7:00 p.m., at the Frogtown Frogeteria. C O N S E N T A G E N D A
ABSENT:
Motion made to approve the following consent agenda items, as submitted. Moved: Callaway Second: Thomas Approval: Unanimous 1. 2. 3. Minutes of a regular Board of Supervisors meeting held on March 20, 2007 CORRESPONDENCE: March 16 – 22, 2007 (see attached)
MINUTE ORDER rejecting Claim No. 07-09 filed on March 16, 2007 by Law Office of Clancey, Doyle & O’Donnell, on behalf of minor, re: bicycle accident on Moran Road. (Page 1 of 4) 1
FINAL MINUTES April 3, 2007
4. 5.
RESOLUTION NO. 07-050
APPOINTING PATRICIA A. YOCOM AS A TRUSTEE OF THE MOKELUMNE HILL CEMETERY DISTRICT
MINUTE ORDER authorizing the County Administrative Officer to declare four (4) Building Department vehicles and one (1) Sheriff Department vehicle as surplus and subject to immediate disposition through sale, auction, or organizational transfer. Vehicle #1 and #4 transferred to P/W, vehicle #2 transferred to B&G, vehicle #3 transferred to San Andreas Fire, and vehicle #5 is to be transferred to Mokelumne Hill Fire. MINUTE ORDER authorizing chair to sign revised agreement with Bureau Veritas for plan check services in order to reflect corporate name change.
REGULAR AGENDA
6.
7.
PUBLIC COMMENTS/GENERAL PUBLIC
(07-13, I, 48)
a) Mary Mutz, Agricultural Commissioner, announced the formation and grand opening of the Agricultural Dispute Resolution Committee (ADRC). She stated the ADRC will be very useful to intervene and resolve neighbor disputes with the consent of the parties. Mutz stated that the goal of the ADRC is for everyone involved to have a satisfactory outcome. She introduced Aldean Pethan, Secretary, and Susie Coe as committee members. b) Karen Pekarcik, Executive Director, First 5 Calaveras, addressed the Board regarding Senate Bill 893, an act to amend a section of the Health and Safety Code, relating to child development. The bill was introduced by Senator Dave Cox. Ms. Pekarcik informed that should SB 893 become law, Calaveras County’s children and their families would no longer have access to a variety of quality programs as determined by the local body. The issue will be agendized for possible Board action on April 17, 2007. c) Colleen Tracy, Public Health Department, announced the first week in April as National Public Health Week. She addressed the subject of “Calaveras County Prepared”, a new emergency Calaveras County preparedness effort. She submitted handouts related to preparing for a local emergency and preparing for a worldwide outbreak (pandemic) of flu. Ms. Tracy explained the distribution process focusing on two primary groups, individuals and families and County Department heads for distribution to employees (07-13, I, 290) 8. COMMUNITY DEVELOPMENT AGENCY/BUILDING Stephanie Moreno, Director of Community Development, requested authorization for property owner, Ivo G. Waher, to build a garage/assessory building prior to pulling his residence permit. This will allow Mr. Waher to store building materials needed to rebuild his residence after it was destroyed by fire. Ms. Moreno informed of deadlines imposed by Mr. Waher’s insurance company and that he needs to begin work on the property as soon as possible. She further informed of the following conditions: 1) the permit will be issued only after plan check (Page 2 of 4)
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FINAL MINUTES April 3, 2007
approval and payment of all applicable fees; 2) the permit is not transferable to a new owner; and 3) the property owner will sign a statement for the file acknowledging the accessory building will not be used as or converted to a dwelling or any other use without securing the appropriate permits and clearances. Motion made to authorize Ivo G. Waher to build an accessory building, prior to residence, on APN 034-032-006 in order to store building materials needed to rebuild his residence after it was destroyed by fire. Moved: Tryon Second: Wilensky Approval: Unanimous (07-13, I, 320) 9. ADMINISTRATION/MURPHYS PARK Supervisor Tryon initiated a conservation regarding the Murphy’s Community Club requesting authorization to proceed with fund raising efforts for the purpose of improving the entry areas to Murphys Park. He informed that the submitted design was done by Don Boos, a member of the Community Club. Ann Pestalozzi, representing an Ad Hoc group of citizens from Murphys, voiced concern of a lack of communication as to what is being proposed. She stated that they have heard of an intention to take down the pillars to the entrance of the park and to dismantle the gazebo. She indicated that the people she represents very much object to such a proposal. Ms. Pestalozzi asked that the community be better informed of the plans, before a final decision is made, so the taxpayers of Murphys fully understand what is being proposed and can have some input. Supervisor Tryon informed that this has been an ongoing project for several months and has been a topic of discussion at Community Club meetings. He stated that the County has a contract with the Community Club and all major improvements to the park must be approved by the Board of Supervisors. He further stated that there has been ample opportunity for public input through the Community Club. Discussion followed. Motion made to authorize the Murphy’s Community Club to proceed with a fund raising campaign for a capital project to improve the entry areas to Murphys Park. Moved: Tryon Second: Callaway Approval: Unanimous (07-13, I, 480) 10. ADMINISTRATION/BOARD MEETINGS Motion made canceling the Board of Supervisors meetings of December 25, 2007 and January 1, 2008. Moved: Tryon Second: Thomas Approval: Unanimous (07-13, I, 500) 11. CORRESPONDENCE/SUPERVISORS/STAFF a) Supervisor Tryon had nothing to report. b) Supervisor Wilensky will attend a Mental Health Advisory meeting this afternoon followed by a Park and Recreation meeting; a 1st 5 Committee Commission meeting on Friday; later this afternoon, a dedication ceremony regarding the return of the original post office to the town of Mountain Ranch; (Page 3 of 4) FINAL MINUTES
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April 3, 2007
c) Supervisor Thomas will attend a Central Sierra Planning Council and Economic Development Committee meeting on Wednesday, a.m.; referred to a correspondence item regarding a presentation/proposal by CCWD Director Dean relative to setting up a joint committee – asked that this be placed on the agenda as soon as possible; d) Supervisor Callaway reported out on key issues discussed at a recent California State Association of Counties (CSAC) meeting including the topics of eminent domain; health care; the Governor’s comprehensive collection reform package; realignment of adult offenders to County custody; concern of a funding, staffing, service delivery and match requirements proposal; juvenile realignment; re-entry facilities; the number of Supervisors talking to their Sheriff – the concern is that the Sheriff Associations are negotiating and have greater access to the Governor than County Supervisors; this week will attend an Area 12 meeting; a Public Facilities Administration meeting Thursday morning and a Jail meeting Friday morning. e) Chair Claudino reminded everyone of the town hall meeting this evening with Assemblyman Dave Cox, 7:00 p.m.; at the Frogtown Frogeteria. ADJOURNMENT The meeting was adjourned to the following closed session and study session with the Board to reconvene at 9:00 a.m., on Tuesday, April 10, 2007 for a regular Board of Supervisors meeting. 12. CLOSED SESSION/COUNTY COUNSEL A closed session was held, conference with legal counsel; anticipated litigation – significant exposure to litigation (three cases), pursuant to Government Code section 54956.9(b)(1), resulting in no action taken. 13. STUDY SESSION/ENVIRONMENTAL MANAGEMENT AGENCY A study session/presentation, by the Environmental Management Agency, was held for an update on the mosquito program. The Board directed the Agency to conduct a feasibility study to include costs associated with hiring a consultant to determine whether there is enough community support to develop an independent special district.
__/s/ Bill Claudino CHAIR ATTEST: _____/s/ Karen Varni___ CLERK
(Page 4 of 4)
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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 16, 2007 1. From: CHP, re: Hazardous Materials Site Safety Plan report; cc: Board and Environmental Health 2. From: Toni Jackson, Murphys, re: Comcast fees; cc: Supervisor Tryon and CAO Mitchell 3. From: Calaveras County Library and FOL re: Volunteer Appreciation Luncheon April 16th; Board as addressed 4. From: Calaveras Child Care Council, re: meeting agenda for March 19; cc: Supervisor Wilensky and post 5. From: HRC, re: release of funds in the CDBG program income reuse funds; cc: Board and Admin 6. From: CSAC, re: Legislative bulletin; cc: Board 7. From: Calaveras Chamber of Commerce, re: Newsletter; cc: Board 8. From: Area 12 Agency on Aging, re: meeting agenda 3/19; cc: Supervisor Callaway and post March 19, 2007 9. From: CA Intergated Waste Mgm. Bd. re: Notice of Funds available; cc: Board, Public Works and Admin. 10. From: Meridian Gold, Re: Project update; cc: Board, Environmental Health and Community Dev. Agency 11. From: Dept. of Alcoholic Bev. Control, re: application for Lavendar Ridge Vineyard Inc. cc: Supervisor Tryon, Planning and post 12. From: Mother Lode Ombudsman Program, re: Elder Abuse Awareness Conference; cc: Board 13. From: Area 12 Agency on Aging, re: temperature log; Supervisor Callaway as addressed 14. From: Upper Mokelumne River Watershed, re: Workshop April 12; Board as addressed 15. From: Mokelumne Hill Vets. Mem. Dist. re:; Mokelumne Hill Fire request for tree trimming; cc: Supervisor Wilensky and Public Works 16. From: National Assoc. of Counties, re: County News; Board as addressed 17. From: Calaveras-Mariposa Com. Action Agency, re: copy 2 year Com. Action Plan; Supervisors Claudino and Wilensky as addressed 18. From: USDA, re: Motorized activity in National Forests; Supervisor Wilensky as addressed 19. From: CHOICES, re: conference April 30; Board as addressed March 20, 2007 20. From: Napper, Mokelumne Hill, re: John Haigh; Supervisor Wilensky as addressed 21. From: Area 12 Agency on Aging, re: Contract extension proposal; Supervisor Callaway as addressed 22. From: Mark Twain St. Joseph's Hospital Foundation, re: Newsletter; cc: Board 23. From: CSAC, re: Board of Directors Briefing materials; Supervisor Callaway as addressed (Page 1 of 2)
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March 21, 2007 24. From: Copperopolis Parks & Recreation Assoc. re: support for 2 events; Supervisor Thomas as addressed 25. From: National Forest Counties and Schools Coalition, re: agreement on 5 year reauthorization; cc: Board, Admin. and County Counsel March 22, 2007 26. From: Sierra Business Council,
re:
Newsletter;
cc: Board
(Page 2 of 2)
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