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

COUNTY OF CALAVERAS, STATE OF CALIFORNIA

HELD ON May 6, 2008

PRESENT:             Steve Wilensky, Chair; Russ Thomas, Vice-Chair; Merita Callaway and Thomas Tryon, Supervisors; James Jones, County Counsel; Robert Lawton, County Administrative Officer; and Madaline Krska, Deputy Clerk

ABSENT:    Bill Claudino, Supervisor District I

C O N S E N T  A G E N D A

1.                MINUTES  of a regular Board of Supervisors meeting held on April 15, 2008 - Board action: approved 4-1 ABSENT:  Claudino

2.                CORRESPONDENCE:  April 11-24, 2008 - Board action:  approved 4-1 ABSENT:  Claudino

3.                MINUTE ORDER  to approve allocation from discretionary funds for District 1,  $1480.00 for the Valley Springs Boosters for the rental of a tent for the fireworks at Lake Hogan;  County Clerk - Board action:  approved 4-1 ABSENT: Claudino

4.                RESOLUTION  commending Jeannene White, District V representative on the Calaveras County Fish & Game Commission, for her years of service;  Supervisor Thomas - Board action:  approved 4-1  ABSENT:  Claudino

5.                RESOLUTION awarding the bid for herbicides to  the Wilbur Ellis Company, in the amount of $60,493.93;  Environmental Management Agency/Dept. of Agriculture - Board action:  approved 4-1  ABSENT:  Claudino

6.                MINUTE ORDER accepting $1800 from First Five Calaveras for the purchase of Spanish books, increasing object 4799 to $1800 and adjusting 5411 by $750 and 5271 by $1050, by approval of a BUDGET ADJUSTMENT requiring a 4/5 vote;  County Library - Board action:  approved 4-1  ABSENT:  Claudino

7.                RESOLUTION  returning funds for the purchase of three (3) HUSS After-Treatment Particulate Filters to the Carl Moyer Program;  Public Works - Board action:  approved 4-1  ABSENT:              Claudino

8.                RESOLUTION authorizing the Calaveras County Sheriff's Office to pursue regional radio communications planning and federal funding requests with the Alpine County Sheriff's Office;  Sheriff - Board action:  approved 4-1 ABSENT:  Claudino

9.                MINUTE ORDER authorizing a contract for law enforcement services at New Hogan Lake, in an amount  not to exceed $45,784.25, effective May 2, 2008 through September 28, 2008;  Sheriff - Board action:  approved 4-1  ABSENT: Claudino

10.            RESOLUTION authorizing the municipal lease of two vehicles for the Marine Safety unit with funds authorized from the California Department of Boating  and Waterways Subvention Grant Program and execution of Municipal Lease Agreement with Hillier Ford, along with a BUDGET TRANSFER in the amount of $8,450.48, in conjunction therewith;  Sheriff - Board action:  approved 4-1   ABSENT:  Claudino

R E G U L A R    A G E N D A

11.            PUBLIC COMMENTS:   Bonnie Newman, Calaveras County health care provider, spoke on behalf of 200 health care workers. Ms. Newman thanked the Board for the approval of their pay raise. Ms. Newman spoke of the dedication and strength of the workers who do their jobs in all areas of the County.

            Scott McTeer read and submitted into the record, documentation regarding his wife, Holly McTeer’s employment with the Public Health Department. Ms. McTeer’s employment history and the various duties and locations where she was assigned to work were documented. McTeer expressed displeasure for the manner and the reason stated for her termination from employment. McTeer asked the Board to reinstate Holly McTeer’s employment with the County.

            Jerry Brock, Poker Flat Homeowner, read and submitted into the record documentation regarding R-1 zoning in Poker Flat subdivision. Most of the streets in the subdivision are one way streets with no room for extra parking. Brock spoke with concerns for the rental units and the  volume of people this generates. The associated issues with parking,  noise, trash, dock usage abuse, concerns for emergency access, rights of the residents being abused. Brock wants to have the R-1 zoning code     be enforced by the County. Confirmation was stated that formal Code Compliance forms were submitted last year.

            Robert Sellman, Planning Director, confirmed that the process to review   the zoning code on this County wide issue is being addressed. This matter will be brought back for review in the format of a study session.

            Chair Wilensky informed Mr. Brock that those having a concern with this zoning issue, attend the study session for information and to express themselves to the Board.

            Don Lee, Secretary of Gold Strike Heights Homeowners Association, addressed and introduced other members of the Association to the Board. Lee referenced the financial turmoil the association has been in for several years The developer has abandoned the project which has left the homeowners with some serious issues and grievances.

            Lee spoke with concerns regarding the developer of this project and road bonds that were released by the Board of Supervisors on April 1^st .  Lee feels this action has caused further monetary damage to the homeowners. Reference was made to a claim that has been filed with the County. Lee feels incorrect advice has been given and inappropriate action taken by the County.            

12.            Discussion and possible action re:  the adoption of an ORDINANCE adding Chapter 8.20 to Title 8 of the Calaveras County Code adopting the Calaveras County Well Ordinance;  Environmental Management Agency - Board action:  approved 4-1  ABSENT:  Claudino

13.            PUBLIC HEARING to review the availability of non-profit agencies that are willing and able to conduct public paratransit services for Calaveras County; and possible Board action re:  RESOLUTION identifying no nonprofit agencies within Calaveras County that regularly provide transportation assistance to the elderly and disabled residents of Calaveras County;  Public Works - Board action: approved 3-1-1 NOES:  Tryon   ABSENT:  Claudino

14.            Discussion and possible action re:  RESOLUTION authorizing the Director of Public Works to secure federal funding under FTA Section 5310 (49 U.S.C. Section 5310) with the California Department of Transportation;  Public Works - Board action:  approved 3-1-1  NOES:  Tryon  ABSENT:  Claudino

15.            Discussion and possible action re:  MINUTE ORDER upholding the findings and recommendations of the Administrative Hearing Board, in Code Compliance Case # 08-04, regarding Fred and Renee Kirk;  Code Compliance - Board action:  approved, as revised to include the date that the public nuisance existed and the administrative costs are to be assessed as a lien, 4-1  ABSENT:  Claudino

16.            Discussion and possible action re:  MINUTE ORDER  upholding the findings and recommendations of the Administrative Hearing Board, in Code Compliance Case #08-05, regarding John and Rose Marie Rodriques care of Pamela Rodriques;  Code Compliance - Board action: approved 4-1  ABSENT: Claudino

17.            Discussion and possible action re:  RESOLUTION authorizing the execution of the NACo Prescription Drug Discount Card Program for Calaveras County residents;  Human Resources - Board action:  approved 4-1 ABSENT:  Claudino

18.            Discussion and possible action re:  RESOLUTION implementing the provisions of Section 414(h)(2) of the Internal Revenue Code (IRC) authorizing pre-tax payroll deduction plan for service credit purchases (contribution Code 14);  Human Resources - Board action:  approved  4-1  ABSENT: Claudino

19.            Discussion and possible action re:  the introduction of an ordinance amending County Ordinance numbers 6.08.040 (adoption of impounded animals), 6.12.060 (disposition of potentially dangerous dogs), and 6.12.070 (disposition of vicious dogs);  Sheriff/Animal Control - Board action:  approved introduction, as amended to correct fee calculations,  4-1  ABSENT:  Claudino

20.            Discussion and possible action re:  the introduction of an ordinance amending Calaveras County Code No. 6.14.010 (Dog License) to include a one, two or three year licensing period and associated fees;  Sheriff/Animal Control - Board action:  approved introduction 4-1 ABSENT: Claudino

21.            Discussion and possible action re:  MINUTE ORDER authorizing Chair to sign a contract with Gallina, LLP for annual audit services for fiscal years ending June 30, 2008 and June 30, 2009 for an amount not to exceed $74,000 for 2008 and $80,000 for 2009;  Administration - Board action:  approved 4-1  ABSENT:  Claudino

22.            Review of correspondence, reports and various matters of concern.

            Supervisor Tryon on Wednesday will attend a COG meeting;  Supervisor Tryon read into the record a letter from  Nancy Whittle regarding past  Board for parcel and subdivision regarding offers of dedication. These maps should be reviewed to determine if there is a sunset on these offers. This matter was referred to County Counsel to then return to the Board.

            Supervisor Thomas on Wednesday will attend a Calaveras Chamber of  Commerce Leadership Class; Thursday will attend a Calaveras Visitors Bureau event at the Murphys Hotel; On Friday will attend a Mountain County Water Resource meeting;  an announcement was made for a Copperopolis melodrama that is being performed this Friday and Saturday evening; discussion was held with the Board regarding Connor Estates that Supervisor Thomas has been receiving input about from the residents. The issue of using $70,000 from Proposition 40 funds to develop the public access parcel is a concern. This parcel was created when the subdivision was entitled and this was part of the plan 17 years ago. Supervisor Thomas feels he has the obligation to fill the             expectations of previous Board members. Supervisor Tryon stated that this  project needs to be seen through completion;  on Friday will attend the Calaveras County Chamber of Commerce mixer at Frogtown to kick off Frogjump.

            Supervisor Callaway, on Wednesday morning will be Tuolumne County attending a “Green Workshop”,  in the evening will attend a COG meeting; Thursday will be in Sacramento for the awarding of a jail grant; On Friday with attend, with Chair Wilensky, a meeting for Central Sierra Family Support; Monday will attend a Solid Waste Task Force meeting; a report was given on a very successful Kids Fishing Day last week-end.

            Chair Wilensky today, will attend a Mental Health Board meeting; Thursday will participate in a conference call with the Sierra Nevada Conservancy for the final revision for its grant application process; on Friday,  will attend with Supervisor Callaway, a meeting for Central Sierra Family Support;  On Monday morning, will attend an Economic Summit Preparation meeting in Angels Camp. A report was given on a meeting attended last Friday for the Upper Mokelumne River Watershed Authority.

            CAO Lawton had nothing to report.

            County Counsel Jones had nothing to report.                     

23.            CLOSED SESSION: pursuant to Government Code Section 54956.9: conference with legal counsel re: existing litigation; Darby v. Snowden, et al. , Calaveras Superior Court Case No. CV31610; County Counsel;  Board action: Nothing to report

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