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MINUTES OF A REGULAR MEETING OF THE BOARD OF SUPERVISORS , COUNTY OF CALAVERAS, STATE OF CALIFORNIA HELD ON MAY 22, 2012 PRESENT: Gary Tofanelli , Chair ; Merita Callaway, Vice-Chair; Steve Wilensky and Thomas Tryon a nd Darren Spellman, Supervisors; Janis Elliott , County Counsel , Jeanne Boy ce , County Administrative Officer and Diane Severud , Supervising Board Cl erk . Digital Recorder 20120522 BOS Chair Tofanelli cal led t he meeting to order at 8: 00 AM and the Board then convened to closed session . Chair Tofanelli reconvened the meeting at 9: 00 AM and made the following announcements: 1. CLOSED SESSION ; pursuant to Govt . Code section 54957.6, personnel matter: conference with l abor negotiator (Director of Human Resources & Risk Management) re : Deputy Sheriff 's Association (DSA), Sheriff 's Management Unit (SMU), and Calaveras County Public Safety Employees Association (CCPSEA) negotiations . No action was taken. 20. CLOSED SESSION: conference with legal counsel; anticipated li tiga tion; si gni ficant exposure to litigation Cla im No. 12-02 Larry Busby , pursuant to Government Code section 54956.9(b) (1); County Counsel -Board action. No action was taken . CONSENT AGENDA Chair Tofanelli pulled Item 7 on behalf of Deborah Mullen, Publi c Works and Item 6 was pulled by Joe Kelly . The ba lan ce of the Consent Agenda was approved , as prese n ted. M oved : Tryon Second : Spe ll man Approved : Unanimous 2. MINUTES OF THE MEETING HELD ON MAY 8, 2012 . 3. CORRESPON DENCE: APRIL 30 - MAY 11 , 2012 (SEE ATTACHED). 4. RESOLUTION 2012-064 a nd 2012-065 RECOGNIZING THE 20 12 SENI OR WOMAN AND SENIOR MAN OF THE YEAR; MARIAN COAHRAN AND DENNIS LEW IS . 5. RESOLUTION 2012-066 CHANGING THE OVERS IGHT OF THE DUPLICATION SERVICES DEPARTME NT AND THE DUP LICATION DESIGNATED FUND FROM ADMINISTRATION TO TME TECHNOLOGY SERVI CES DEPARTMENT AND REVISING THE DESIGNATED USES OF THE DUPLICATION DESIGNATED FUN D; TECHNOLOGY SERVICES . 8. MINUTE ORDER 20 1 20522mo66 AUTHORIZING THE ATTACHED 3RD QUARTER BUDGET ADJUSTMENT S (ATTACHMENT A AND B) FOR FY 2011/12 , INCLUDING A DRAW ON CONTINGENCIES IN THE AMOUNT OF $10 , 744 , BY A 4/ 5' S VOTE . 9. ORDINAN CE 3009 AMENDING TITLE 6 OF THE CALAVERAS COUNTY CODE . 6. SHERIFF . Joe Kelly asked what t he leg al Highway Vehi cle Grant were . e xpl ai n ed that the obligation is and provide law e nforcement to County . 20120522m obligations st ipulat ed in t he Off Dave Seawell , Sheriff 's Office , for the Sheriff 's Office to pat r ol the public lands within Calaveras

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Page 1: CONSENT AGENDA - Granicus

MINUTES OF A REGULAR MEETING OF THE BOARD OF SUPERVISORS , COUNTY OF CALAVERAS, STATE OF CALIFORNIA

HELD ON MAY 22, 2012

PRESENT: Gary Tofanelli , Chair ; Merita Callaway, Vice-Chair; Steve Wilensky and Thomas Tryon a nd Darren Spellman, Supervisors; Janis Elliott , County Counsel , Jeanne Boyce , County Administrative Officer and Diane Severud, Supervising Board Cl erk .

Digital Recorder 20120522 BOS

Chair Tofanelli cal led t he meeting to order at 8 : 00 AM and the Board then convened to closed session .

Chair Tofanelli reconvened the meeting at 9 : 00 AM and made the following announcements:

1. CLOSED SESSION ; pursuant to Govt . Code section 54957.6, personnel matter: conference with l abor negotiator (Director of Human Resources & Risk Management) re : Deputy Sheriff ' s Association (DSA), Sheriff ' s Management Unit (SMU), and Calaveras County Public Safety Employees Association (CCPSEA) negotiations . No action was taken.

20. CLOSED SESSION: conference with legal counsel; anticipated li tigation; signi ficant exposure to litigation Claim No. 12-02 Larry Busby , pursuant to Government Code section 54956.9(b) (1); County Counsel -Board action. No action was taken .

CONSENT AGENDA

Chair Tofanelli pulled Item 7 on behalf of Deborah Mullen, Publi c Works and Item 6 was pulled by Joe Kelly . The bal a n ce of the Consent Agenda was approved , as presented.

Moved : Tryon Second : Spellman Approved : Unanimous

2 . MINUTES OF THE MEETING HELD ON MAY 8 , 2012 . 3. CORRESPONDENCE: APRIL 30 - MAY 11 , 2012 (SEE ATTACHED). 4 . RESOLUTION 2012-064 a nd 2012-065 RECOGNIZING THE 20 12 SENI OR WOMAN AND

SENIOR MAN OF THE YEAR; MARIAN COAHRAN AND DENNIS LEWIS . 5 . RESOLUTION 2012-066 CHANGING THE OVERS IGHT OF THE DUPLICATION SERVICES

DEPARTMENT AND THE DUPLICATION DESIGNATED FUND FROM ADMINISTRATION TO TME TECHNOLOGY SERVI CES DEPARTMENT AND REVISING THE DESIGNATED USES OF THE DUPLICATION DESIGNATED FUN D; TECHNOLOGY SERVICES .

8 . MINUTE ORDER 20 120522mo66 AUTHORIZING THE ATTACHED 3RD QUARTER BUDGET ADJUSTMENTS (ATTACHMENT A AND B) FOR FY 2011/12 , INCLUDING A DRAW ON CONTINGENCIES IN THE AMOUNT OF $10 , 744 , BY A 4/ 5 ' S VOTE .

9 . ORDINANCE 3009 AMENDING TITLE 6 OF THE CALAVERAS COUNTY CODE .

6 . SHERIFF . Joe Kelly asked what t he legal Highway Vehi c l e Grant were . e xplai n ed that the obligation is and provide law e nforcement to County .

20120522m

obligations st ipulat e d i n t h e Off Dave Seawell , Sheriff ' s Office ,

for the Sheriff ' s Office to pat r ol the public lands within Calaveras

Page 2: CONSENT AGENDA - Granicus

Moved: Tryon Second : Wilensky Approved: Unanimous

RESOLUTION 2012-067 TO APPROVE THE OFF HIGHWAY VEHICLE GRANT FUNDS APPLI CATION FROM STATE OF CALIFORNIA, DEPARTMENT OF PARKS AND RECREATION IN THE AMOUNT OF $109,007.50 AND APPROVE THE GRANT APPLICATION BY 4/5'S VOTE OF THE BOARD.

7. PUBLIC WORKS. Deborah Mullen, Public Works, explained that the resolution is intended to initiate the procedure to establish a permanent road division that does not need to go to LAFCO for approval. The i tern will come back to the Board at the June 26, 2012 meeting for a public hearing. Mark Pringle , representing the developer , Valley Springs Investors LLC, had no objection to the item.

Moved: Spellman Second : Tryon Approved : Unanimous

RESOLUTION 2012-068 INITIATING FORMATION OF PERMANENT ROAD DIVISION NO. 1, WOODGATE/INDIAN CREEK, AND SETTING A DATE FOR A PUBLIC HEARING TO CONSIDER FORMATION OF THE PERMANENT ROAD DIVISION .

REGULAR AGENDA

10 . Public Comment was moved to the end of the regular agenda to accommodate the time restrictions associated with the recess for the Senior of the Year Luncheon .

11 . CHAMBER OF COMMERCE . Dave Hal e y, outgoing President of t h e Economic Development Company (EDC) , thanked the Chamber for taking over the EDC . Jeff Davidson, President of the Chamber of Commerce, provided an update on some of the recent Chamber s ponsored events that have taken place in the county and announced the upcoming wine and food events in San Andreas and Valley Springs . He continued that the Chamber is doing quite well and the Chamber Executive Board will become the EDC Board. There will be nine community members appoin ted to act as an advisory board, developing t he published strategic plan . Mr . David son remarke d that the economy needs to be diversified to avoid t he boom or bust economy that the county has experi e nced over the years . He would like to be able to say that Calaveras County is open for business. Al Segal l a , CCTA, stated that he likes t hat t h e Chamber is taking over the EDC and Cliff Edson, San Andreas, thanked the Chamber for steppi ng up to the plate, as this is exactly what the county needs. Supervisor Spellman e xpressed his concern that the RIM fees a r e so h igh that a movie t heater cannot open in Va lley Springs . He asked for a study session in August to discuss modifying RIM fees fo r businesses. Supervisor Wilensky commented that the Chamber has provided leadership on many economic i ssues over the years; however, he sees a need t o capi tal ize on our assets a nd stop economic leakage of money going out of the county . This could be accomplished by l earning to diversify interests a nd not rely on one industry to sustain the economy . Supervisor Callaway disagreed that Calaveras is unfriendly to businesses, as mentioned today . Supervisor Tryon stated his opinion that this i s a good function for the Chamber to assume . He feels t ha t there is a need to find ways to attract

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large retail , but that the county is currently very sma l l business friendly . Chair Tofanelli remarked that there are two new businesses planned for the Valley Springs area that are currently working with the building and planning departments. In closing , Jeff Davidson agreed that it is important to promote the positive business c limate.

12. PLANNING. (Digital Recording 20120522 Index 1)

Gina Kathan and Rebecca Willis, Planning , gave a power point presentation amending the zoning of Real Property in Calaveras County from U (unclassified) to A1 (general agriculture). The purpose of the zoning amendment is to comply with conditionally approved LLA (lot l ine adjustment) 12-06. The subject property is located off Clements Place in Valley Springs approximately 1.64 miles west of New Hogan Lake , between Palomino Ridge Road and the Rancho Ca laveras subdivision. APN : 050-003-025 , 050-003-040 & 050-003-041 are a portion of section 11 , T3N, R10E, MOM. They explained that the parcels lie south of New Hogan Reservoir, in steep river canyons . The Planning Commission recommends that the zoning amendment be adopted to allow the lot line adjustment to be recorded. It was noted that due to the lot line adjustment, there is no need for a bridge to access the western parcels , as specul ated by some members of the public. Robin Peters of Cal State Engineering and representing the property owners, stated that the zoning amendment is to conform the zoning within the new parcel boundaries .

Chair Tofanelli opened public comment .

John Raine , Rancho Ca l averas , expressed concerns regarding the project and asked what the end game of this project is 10 or 12 years down the line . He stated his opinion that there is currently a prescript ive easement for rive r access that has been c l osed off since the Fikes began construction near there . He opined that the County s hould establi s h an account with the garbage company to collect the trash , voluntee rs can pick up t he trash and place it into the receptacl es . He quoted the Supreme Court that most navigable rivers belong to the people , even if they are difficult to access. Bill Boos , Rancho Calaveras, asked if there will be a single family residence on t he property or is a larger project planned. He pointed out that there appears to be some information omitted from the application , there is currently a barn on the property a nd he be lieves t he Miwuks have some artifacts there. He suggested that a thorough review of the application is needed . Alice Raine , Rancho Calaveras , stated that the Depa r tment of Fish and Game use t he river at t hi s location and with t he fence in place it cannot be accessed . She added that this area has also been used to remove injured boaters from the river. She speculated that the barn mentioned is being used as a residence with an undocumented septic system . Ms . Raine continued that eventual ly subdivisions a nd a lot of homes will be put in there because t he applicants are developers .

Public comment was closed.

Robin Peters explained that river access will not change and no development i s proposed , in fact t he potential for development is reduced by requesting the zoning change to Agricultural . He reported t hat the barn is on property that has a designed septic system which has not been

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installed and there is no water service to the property , although there is power to the barn, as it used for storage. Code Compliance investigated a complaint that the barn was being used as a residence. It was determined not to be the case and the investigation was closed . Diana Wooley , Rancho Calaveras , asked if there was no future project planned , why the box was not checked on the application and why is there a well on the property. She feels the application needs to be resubmitted. Rebecca Willis elaborated that there is no easement on the private property to the river and the property owner is concerned about liability. She stated that this zoning matter does not affect the unresolved issue of river access or the ownership of the water in t he river. There is no impact associated with this zoning amendment and lot line adjustment. Ms. Willis pointed out that a letter was received from Rancho Calaveras property owners that is included in the packet and is part of the record. Gina Kathan addressed the questions related to the application, explaining that one application is used for many types of projects and not all questions apply to every project and some are not required for a zoning amendment application. She confirmed that the application was sent out to all that may be affected by the proposed zoning changes and the Native American representatives responded that they had no concerns . No other agencies responded . Lastly, Ms . Kathan clarified that the parcel is not within the service area of a water district and would need to be served by a well if there were a residence planned . A motion was made to adopt the ordinance with waiver of reading.

Moved : Spellman Second ed : Callaway Approved: Unanimous

ORDINANCE 3010 TO AMEND ZONING OF REAL PROPERTY I N CALAVERAS COUNTY FROM U (UNCLASSIFIED) TO A1 (GENERAL AGRICULTURE) . THE PURPOSE OF THE ZONING AMENDMENT IS TO COMPLY WITH CONDITIONALLY APPROVED LLA (LOT LINE ADJUSTMENT) 12-06 . THE SUBJECT PROPERTY IS LOCATED OFF CLEMENTS PLACE IN VALLEY SPRINGS APPROXIMATELY 1 . 64 MILES WEST OF NEW HOGAN LAKE, BETWEEN PALOMINO RIDGE ROAD AND THE RANCHO CALAVERAS SUBDIVISION . APN: 050-003-025, 050-003-040 & 050-003-04 1 ARE A PORTION OF SECTI ON 11, T3N , R10E , MOM .

13 . AGRICULTURE. (Digital Recording 20120522 I ndex 2)

Mary Mutz, Agriculture Commissioner , expl a ined that this i tem is to make a correction to a pre viously approved contract that had an incorrect legal description . There was no public comment or discussion.

Moved : Callaway Seconded: Tryon Approved : Unanimous

RESOLUTION 2012-069 ESTABLISHING AN AGRICULTURAL CALAVERAS COUNTY AND RESC INDING RESOLUTION NO . 11-172 15397 WHICH ESTABLISHED AN AGRICULTURAL PRESERVE INACCURATE LEGAL DESCRIPTION.

PRESERVE WITHIN INSTRUMENT 2011

THAT INCLUDED AN

RESOLUTION 2012-070 APPROVING AMENDED CALIFORNIA LAND CONS ERVATION CONTRACT NO. 318 AND RESCINDING RESOLUTION 11-173 INSTRUMENT 2011 15397 WHICH ESTABLISHED CONTRACT NO. 318 THAT INCLUDE D AN I NACCURATE LEGAL DESCRIPTION .

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14. PUBLIC WORKS. (Digi.tal Recording 20120522 Index 31

Deborah Mullen, Public Works, reported that the proposed changes are intended to correct the current ordinance that has reference to code that doesn't exist any longer or is outdated. There was discussion regarding the uniform versus proportionate application of special taxes and fees. A motion was made to approve the introduction of the ordinance with waiver of reading.

Moved: Callaway Seconded: Tryon Approved: Unanimous

ORDINANCE AMENDING CHAPTER 13.02 OF THE COUNTY CODE, COUNTY SERVICE AREAS - ROAD IMPROVEMENT AND MAINTENANCE ASSESSMENTS, TO CONFORM TO CHANGES IN THE STATE COUNTY SERVICE AREA LAW, GOVERNMENT CODE SECTION 25210, ET SEQ WAS INTRODUCED WITH WAIVER OF READING AND WILL BE BROUGHT BACK TO THE BOARD FOR ADOPTION ON JUNE 26, 2012.

The Board recessed at 11:25 AM and reconvened at 1:45 PM.

15. AUDITOR. {Digital Recording 20120522 Index 4)

STUDY SESSION: Rebecca Callen, Auditor, gave a presentation regarding the State Controller's Office Property Tax Audit Final Report for County of Calaveras for the period of July 1, 2003 and June 30, 2010. She explained that it is normal to have a property tax audit every five years, although it had been seven years since one had been performed. The major focus of the audit is ERAF (Educational Rev Augmentation Fund) and it was determined that the first calculation that had been used was incorrect, causing subsequent calculations to also be incorrect. As a result, the County and all special districts received overpayments totaling $2,714,054 for fiscal years beginning 2006/07. Upon researching the Revenue and Taxation Code, the amount that will be required to be repaid is only $594,512 and Ms. Callen was able to negotiate with the State for a three year installment payment plan. She added that the underpayments to Jenny Lind, Central Calaveras and Foothill Fire are still owed and not included in this total. Jennifer Barr, Property Tax Manager, reported that she had identified this issue in FY 2006/2007, brought it to the attention of the State and was told by the State to continue with the approved methodology. She added that now the matter is being looked at with a new set of eyes and the correction needs to be made. There was public comment which included how the determined, the pooled interest applied to the balance, extend the amount of time for payments and a statement may be excessive spending by County staff.

calculation was the inability to that the problem

Supervisor Tryon addressed the spending comment by explaining that it is very hard to hold elected officials responsible, as the Board does not have any control over how they manage their departments. Supervisor Wilensky thanked Ms. Callen for bringing this to the attention of the Board and the public and appreciates her efforts to reconcile the matter. He expressed his hope that the County can work with the districts affected to find a payment solution that will not have an adverse impact on them. Supervisor Callaway asked to be included in any discussions with entities in her district, as did the other supervisors. Supervisor Tryon suggested that consideration might be given to districts that owe under $200 or a set amount, to be exempted, as it might not total very much.

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Ms. Callen stated that she would like to include the money owed to the three fire districts in the FY 2012/13 budget.

16. CODE COMPLIANCE. (Digital Recording 20120522 Index 5) STUDY SESSION: Todd Barr, Code Compliance Officer, led a discussion regarding the need to obtain direction from the Board concerning the continuation of the Calaveras County/City of Angels Abandoned Vehicle Abatement Joint Powers Authority and continuing the $1.00 fee assessed on each vehicle registered in Calaveras County to assist funding of the Abandoned Vehicle Abatement Program. Mr. Barr explained that this program is used to gain voluntary compliance to remove car parts from private and public property, as well as funding a portion of the Code Compliance staff salaries. Also discussed were the 160 vehicles removed annually, the effect that the cost of steel, potential revenue from the scrap metal and the need for 2/3 voter approval to continue the program. Direction was given to bring the item back to the Board for consideration at the June 12th meeting.

17. BOARD OF SUPERVISORS. (Digi.tal Recording 20120522 Index 6)

Included in the agenda packet were the list of applicants for various boards, committees, commissions and cemetery districts with varying term expirations. Supervisor Callaway recommended that Jennifer Barr be appointed as the General. Public Member on the Solid Waste Task Force and that Art Roberts be appointed as the Alternate General Public Member. All other applicants were recommended by the supervisor of the district.

Moved: Callaway Seconded: Wilensky Approved: Unanimous

MINUTE ORDER 20120522mo67 APPOINTING APPLICANTS TO VARIOUS COMMITTEES AND COMMISSIONS TO SERVE UNDER THE JURISDICTION OF THE BOARD OF SUPERVISORS AS LISTED. COMMISSION ON AGING BERTHA UNDERHILL TO FILL ONE VACANCY FOR A MEMBER TO COMPLETE AN UNEXPIRED TERM ENDING 12/31/14.

ALTAVILLE CEMETERY DISTRICT PAULA BROGLIO TO FILL ONE VACANCY FOR A MEMBER TO COMPLETE AN UNEXPIRED TERM ENDING 12/31/15. LORENA DARBY TO FILL ONE VACANCY FOR A MEMBER TO COMPLETE AN UNEXPIRED TERM ENDING 12/31/15.

MOKELUMNE HILL CEMETERY DISTRICT PATRICIA YOCOM TO FILL ONE VACANCY FOR A MEMBER TO COMPLETE AN UNEXPIRED TERM ENDING 12/31/15. CAROL URBANI TO FILL ONE VACANCY FOR A MEMBER TO COMPLETE AN UNEXPIRED TERM ENDING 12/31/13.

MURPHYS CEMETERY DISTRICT ALAN ARMSTRONG, MAUREEN ELLIOTT AND JEFF ST. LOUIS TO FILL THREE VACANCIES FOR MEMBERS TO COMPLETE UNEXPIRED TERMS ENDING 12/31/15.

SAN ANDREAS CEMETERY DISTRICT KENNETH D. AIROLA AND STEVEN J. AIROLA TO FILL TWO VACANCIES FOR MEMBERS TO COMPLETE UNEXPIRED TERMS ENDING 12/31/15.

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VALLECITO CEMETERY DISTRICT HELEN BEHRBAUM TO FILL ONE VACANCY FOR A MEMBER TO COMPLETE AN UNEXPIRED TERM ENDING 12/31/15.

WEST POINT CEMETERY DISTRICT RICK MURRAY TO FILL ONE VACANCY FOR A MEMBER TO COMPLETE AN UNEXPIRED TERM ENDING 12/31/15.

SOLID WASTE TASK FORCE JENNIFER BARR TO FILL ONE VACANCY FOR A MEMBER OF THE GENERAL PUBLIC TO COMPLETE AN UNEXPIRED TERM ENDING 12/31/13. ARTHUR ROBERTS TO FILL ONE VACANCY FOR A MEMBER OF THE GENERAL PUBLIC ALTERNATE TO COMPLETE AN UNEXPIRED TERM ENDING 12/31/13.

18. BOARD OF SUPERVISORS. (Digital Recording 20120522 Index 71

Supervisor Wilensky recommended the applicants he would like to see serve on the Mokelumne Hill Design Review Committee (MHDRC). Chair Tofanelli expressed his concern that based on the application, one of the recommended applicants may not completely understand that the Committee will not be reviewing any project plans. The sole purpose is to develop guidelines for consideration and possible adoption by the Board of Supervisors. Supervisor Wilensky assured him that he will be present when the Committee has their first meeting and will provide direction as to their focus.

Moved: Wilensky Seconded: Tryon Approved: Abstain:

Majority Spellman

MINUTE ORDER 20120522mo68 APPOINTING THE FOLLO\IHNG APPLICANTS AS MEMBERS OF THE MOKELUMNE HILL DESIGN REVIEW COMMITTEE ("COMMITTEEu) FOR THE PURPOSE OF DRAFTING PROPOSED MOKELUMNE HILL DESIGN REVIEW GUIDELINES ("GUIDELINESu) FOR FUTURE DISCUSSION AND POSSIBLE ACTION BY THE BOARD OF SUPERVISORS. THE COMMITTEE SHALL CONSIST OF FIVE (5) MEMBERS WITH TERMS EXPIRING uPON BOARD ACTION ON THE GUIDELINES OR UPON THE FOLLOWING TERM LIMITS, WHICHEVER OCCuRS FIRST. APPOINTEES TO THE COMMITTEE ARE: TERRANCE WEATHERBY FOR A THREE (3) YEAR TERM, EXPIRING 12/31/14. MARCY HOSFORD FOR A TWO (2) YEAR TERM, EXPIRING 12/31/13. MIKE DELL'ORTO FOR A ONE (1) YEAR TERM, EXPIRING 12/31/12. MARILYN KRAUSE FOR A THREE (3) YEAR TERM, EXPIRING 12/31/14. JULIA COSTELLO FOR A TWO (2) YEAR TERM, EXPIRING 12/31/13.

11. PUBLIC COMMENT. !Digital Recording 20120522 Index 81

Janet Clark, thanked the IHSS, District Attorney and the Sheriff's office for their training on disaster preparedness. Sarah Faria, District 4 resident, asked the Board for their assistance to have her companion dog returned to her, which had been given to the Humane Society by mistake when she was experiencing some personal issues. Chair Tofanelli asked her to give her contact information to the Clerk and asked CAO Boyce to investigate the matter. Al Segalla, CCTA, mentioned the unfunded liability with CalPERS for millions of dollars and suggested that it would be prudent to keep track of that liability. Tonja Dausend, Valley Springs, noted concerns that she has with the proposed General Plan land use map, the appearance that the land use

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designations and definitions are in code and that changing the designation of property can affect property value. Bonnie Newman, Double Springs, announced that today is Brain Tumor Awareness Day and announced that her favorite brain tumor client is doing really well. She also announced that tomorrow is meatloaf day at the Senior Center, encouraging everyone to enjoy a meal for only $6.00. Lastly, she asked what happens to the business that was done during an apparent illegal meeting of the IHSS Advisory Board. Jeanne Hayward, The Resource Connection Food Bank, announced that summer produce days are starting and the Food Bank distributed 10,000 pounds of produce in three hours to 271 families. The new program will be delivering produce to every community in the community. Peter Racz, Valley Springs, commented that he believes the Tuolumne­Stanislaus IRWMP process leads to Agenda 21. He also commented that CSAs should be CSDs. He cited a recent Brown Act violation in Los Angeles County involving County officials and Congressman Dan Lundgren that resulted in a fine of approximately $14,000. Cliff Edson, San Andreas, announced the Valley Springs Music Festival I Car Show and the June 3 Kites Over Calaveras Kite Festival. June 2 there will be a kite workshop at a cost of $25 per kite kit. Joe Kelly, stated that CalPERS raised the government contribution which resulted in a $3.7 billion dollar impact for the State. He stated his opinion that public funds may be used to maintain roads on private property and in closing, he remarked that the Chair cannot move public comment to a different time than what is on the agenda because the chair only has the discretion on time limits. If the Chair intends to keep doing that, it should be written on the agenda.

19. REVIEW OF CORRESPONDENCE, REPORTS AND VARIOUS MATTERS OF CONCERN. (Digital Recording 20120522 Index 9} Supervisor Tryon remarked that the Fair was successful and had a good turnout. He reported that the LAFCO meeting last night focused on the MSR findings and criteria, and that in general it was fairly well received. He commented that he thinks it would be a good policy to move public comment to the end of the meeting. Supervisor Spellman responded to the Brown Act questions raised by Bonnie Newman by stating that Governor Jerry Brown violated the Brown Act with the Los Angeles County Board of Supervisors in a closed room to discuss AB109 and its effects on LA County. There was an advocacy group that filed a lawsuit about that meeting which was successful. He continued that in his opinion, the only recourse is to throw the bums out. He also responded to the comments of Peter Racz regarding CSAs by stating that based on his interpretation of comments made at previous board meetings, the Board would be willing to drop CSA #1 like a hot potato. Supervisor Spellman also remarked that according to John Benoit of LAFCO, a merger between Jenny Lind Fire and Foothill Fire will not happen without LAFCO approval and approval of those affected. He announced the Music Festival, Car Show and Kite Day, encouraging those that want to hear the music for free to work in one of the many booths located outside of the venue. In closing, he reported on conversations he has been having with the CSEDD Director, Larry Cope and the Sierra Business Council representative, Nicole DeYoung regarding the possible utilization of the unused power allocation from CPPA to set up charging stations for hybrid vehicles. Supervisor Callaway announced that she will attend the following meetings: Administration of Justice, Health and Human Services Board,

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Ebbetts Pass Property Owners , Greater Arnold Business Association and the Murphys Business Association .

Supervisor Callaway left the meeting at 3 :4 5 PM.

Supervisor Wilensky clarified earlier comments regarding land use designation changes by explaining that if a designation c hanges , the existing property owner keeps the designation that they have, the change wil l only affect future owners of t hat property. He announced that he wil l attend t he follow i ng meetings and events : Mother Lode Job Training Board , CHIPS Executive Board , a Veterans Group , Calaveras First 5 , Tiger Fest and the Mental Health Board. Chair Tofanelli will attend the Juvenile Justice meeting on behalf of Supervisor Cal l away . There was a discussion regarding a study session to review RIM fees that Tom Garcia is working on . CAO Boyce reported on t he Governor ' s revision updates which included a $15.7 bil l ion deficit with a $1 billion reserve , reduced revenues and an increase in K-1 4 education spending . There wi l l be $8.3 bi l lion in cuts encompassing Health and Human Services , child care , redevelopment agencies , repeal of state mandates and reductions in state employee compensation. The Governor assumes that the ballot initiative tax increase will be passed; however , additional trigger cuts will be implemented if tha t i nitiative fails. The County will receive $794 , 000 in funding for AB109 - low leve l offenders. The real impacts will be to Health and Human Services and IHSS is slated for a cut in hours and reduced domestic services . There will be additional costs to counties that use s t ate youth facilities and it is not a nticipated that there will be money for State Fairs or the Williamson Act . She referenced an RCRC memo that says the Legislative Analyst ' s Off i ce suggests there is an additional $1 bil l ion deficit than the State is depicting . Counsel El l iott had nothing to report . Clerk Severud announced that Marian Coahran and Dennis Lewis were recognized as t he 2012 Senior Woman and Senior Man of the Year at the Commi ssion on Aging's Luncheon that day . She a l so announced the Fisher House f undraiser at the Fairgrounds on Saturday night . Clay Hawkins, Assistant CAO , gave an update of discussions with Aerospace Corporation r egarding communications technology . Ae rospace is looking for a rural, sma l l community l ocated near a major metropolitan area to develop a communications network for public safety , as well as an economic deve l opment strategy . Calaveras was selected due to its close proximity to the Bay Area and the wine industry . He cont inued that t here are multiple levels of technology t hat could be integrated a nd it appears t hat there would be no cost to t he County . Mr . Hawkins asked t he Board for direction and the Board asked to have a l etter sent to Aerospace expressing our interest in participating.

ADJOURNMENT . There being no further business , the meeting w s adjourned at 4:20 PM , with the Board to reconvene at 9:00AM on Tuesday , 1 2 , 2012 for a regularly schedul ed meeting .

ATTEST: ('\~~ Clerk

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CORRESPONDENCE- May 22, 2012 The Board May Take Action on Any of the Following Items:

April 30, 2012 1. From: Cathy Williams; re: Short Term Rentals at Lake Tulloch; Board, GAO, Counsel, Planning

May 1, 2012 2. From: CA Dept of Alcoholic Beverage Control; re: Villa Vallecito Vineyards; Callaway, GAO, Counsel, Post 3. From: CA Dept of Alcoholic Beverage Control; re: Murphys Brew House; Callaway, GAO, Counsel, Post 4. From: CA Dept of Alcoholic Beverage Control; re: Copper Cellars; Tryon, GAO, Counsel, Post 5. From: Sierra Nevada Conservancy; re: Press Release for Fifty-mile Corridor Linkage Completion; Board,

GAO, Counsel May 3, 2012

6. From: Central Sierra Resource Conservation & Development; re: May 10 meeting agenda; Board, GAO, Counsel, Post

May 4, 2012 7. From: CA Dept of Fish and Game; re: Notice of Proposed Regulatory Action relative to Waterfowl Hunting;

Callaway, Tryon, GAO, Counsel, Post 8. From: PG&E; re: Notification of Filing to Approve 2013 Cost of Capital Proposal A; Board, GAO, Counsel,

Post 9. From: Central Sierra Resource Conservation & Development; re: May 10 meeting cancellation; Board, GAO,

Counsel, Post May 7, 2012

10. From: California Water Boards; re: June 12 Public Workshop; Board, GAO, Counsel, Post 1 1. From: CaiFire; re: Timber Harvest Plan; Wilensky, Callaway, GAO, Counsel, Post

May 8, 2012 12. From: g.fowler; re: Tulloch resort; Board, GAO, Counsel, Planning

May 9, 2012 13. From: Betsy Duncan; re: Lake Tulloch Rentals; Board, GAO, Counsel, Planning 14. From: copperopolispr; re: Watching the Board through Sierra Sentinel; Board, GAO, Counsel 15. From: CCWD; re: May 15 meeting agenda; Board, GAO, Counsel

May 11,2012 16. From: CA Fish and Game; re: Continuation notice of regulatory action; Callaway, Tryon, GAO, Counsel 17. From: LAFCO; re: May 21 meeting agenda; Spellman, Tryon, Callaway, GAO, Counsel, Post