CALAVERAS COUNTY BOARD OF SUPERVISORS
Gary TOFANELLI - CHAIR DISTRICT 1 STEVE WILENSKY DISTRICT 2 MERITA CALLAWAY – VICE CHAIR DISTRICT 3 THOMAS TRYON DISTRICT 4 DARREN SPELLMAN DISTRICT 5 | JEANNE BOYCECounty Administrative officer Janis ElliottCounty Counsel MADALINE KRSKACounty Clerk / board clerk 891 Mountain Ranch Rd San Andreas, CA 95249 Tel: (209) 754-6370 |
February 28, 2012
PRELIMINARY AGENDA
CALAVERAS COUNTY BOARD OF SUPERVISORS
IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY
CALAVERAS COUNTY AIR POLLUTION CONTROL DISTRICT
THIS MEETING WILL BE HELD IN THE BOARD OF SUPERVISORS CHAMBERS
891 Mountain Ranch Rd, San Andreas, California
IF YOU WISH TO ADDRESS THE BOARD ON AN AGENDA ITEM, PLEASE COME TO THE ROSTRUM AND GIVE YOUR NAME AND YOUR COMMENTS. PLEASE LIMIT YOUR COMMENTS TO THE SPECIFIC SUBJECT UNDER DISCUSSION. TIME LIMITS SHALL BE AT THE DISCRETION OF THE CHAIR.
8:00 AM: Call to Order
1. CLOSED SESSION; pursuant to Govt. Code section 54957.6, personnel matter: conference with labor negotiator (Director of Human Resources & Risk Management) re: Deputy Sheriff's Association (DSA), Sheriff's Management Unit (SMU), Service Employees International Union (SEIU), and Calaveras County Public Safety Employees Association (CCPSEA) negotiations; Human Resources Director - Board action:
9:00 AM: Pledge of Allegiance
Announcements
CONSENT AGENDA
CONSENT AGENDA ITEMS ARE EXPECTED TO BE ROUTINE AND NON-CONTROVERSIAL. THEY WILL BE ACTED UPON BY THE BOARD AT ONE TIME WITHOUT DISCUSSION. ANY BOARD MEMBER, STAFF MEMBER OR INTERESTED PARTY MAY REQUEST REMOVAL OF AN ITEM FROM THE CONSENT AGENDA FOR LATER DISCUSSION.
2. MINUTES of meeting held on February 14, 2012 – Board action:
3. CORRESPONDENCE: February 6 – 17, 2012 (see attached) – Board action:
4. MINUTE ORDER authorizing the Board Chair to execute a Notice of Non-renewal for California Land Conversation Contract No. 289 – Leiga Family Trust; Agriculture – Board action:
5. RESOLUTION authorizing distribution of excess proceeds from the November 6, 2010 Tax Collector's Public Auction Sale; Tax Collector – Board action:
6. RESOLUTION recognizing the achieved hours and commitment by the Calaveras County Sheriff's Volunteer Unit; Sheriff – Board action:
7. MINUTE ORDER authorizing the Board Chair to sign an agreement between BHC Heritage Oaks Hospital, Inc. and Calaveras County for psychiatric treatment services in an amount not to exceed one hundred six thousand six hundred sixty seven dollars ($106,667) for the 32 month period of November 1, 2011 – June 30, 2014; Behavioral Health – Board action:
8. MINUTE ORDER authorizing the Board Chair to sign the agreement between John Muir Behavioral Health Center and Calaveras County for psychiatric treatment services in an amount not to exceed ninety three thousand three hundred thirty four dollars ($93,334) for the 28 month period of March 1, 2012 – June 30, 2014; Behavioral Health – Board action:
9. Minute Order authorizing the initiation of a Copperopolis Community Plan Advisory Committee; Planning – Board action:
10. Minute Order directing the Planning Department to prepare an amendment to Title 17 Chapter 17.72 to add provisions to allow for community identification signs; Planning – Board action:
11. Minute Order declaring the January 24, 2012 (Resolution: 2012-010) Notice of Award to Signal Service, Inc. for the Government Center Electronic Access Control project abandoned; Administration – Board action:
12. Resolution to Accept Bid and Authorize Contract Award Between Calaveras County and John Allen Construction for the Renovation of the Mokelumne Hill Town Hall and Sidewalk Enhancement Project for an Amount Not to Exceed $117,920 as Provided by the Federal Highway Administration (FHWA) Transportation Enhancement (TE) Program for a Term to Expire August 28, 2012; Public Works – Board action:
REGULAR AGENDA
9:10 AM: PUBLIC COMMENTS
13. PUBLIC COMMENTS: 5 minutes per person. Comments shall be limited to items of interest to the public that are within the subject matter jurisdiction of the Board; Government Code Section 54954.3(a).
9:30: SHERIFF / IHSS / AIR POLLUTION CONTROL / CALWORKS / AGRICULTURE / CODE COMPLIANCE / PLANNING / BEHAVIORAL HEALTH / BOARD MATTERS
14. RESOLUTION recognizing Louise Joses for 31 years of service working for the Calaveras County Sheriff's department; Sheriff – Board action:
15. RESOLUTION recognizing Lieutenant Dennis Huberty for 30 years of service working for the Calaveras County Sheriff's Department; Sheriff – Board action:
16. RESOLUTION authorizing the Calaveras County Board of Supervisors, acting as the Public Authority Governing Board, to approve an amendment to the IHSS Advisory Committee Travel and Reimbursement Policy; IHSS – Board action:
17. RESOLUTION authorizing the Calaveras County Board of Supervisors, acting as the Public Authority Governing Board, to approve an amendment to the IHSS Advisory Committee Bylaws; IHSS – Board action:
18. RESOLUTION authorizing the Air Pollution Control Officer to contribute or request supplemental Carl Moyer Program funding from other Districts for Fiscal Years 2011/12 through 2015/16 and to execute any documents necessary to administer the Carl Moyer Program, including a Memorandum of Understanding with the Butte County Air Quality Management District to have the California Air Resources Control Board transfer $200,000 of Calaveras County’s current fiscal year funding to Butte County for use on projects in that district in excess of that district’s current year allotment and prior to the next expenditure deadline of June 30, 2012; Air Pollution Control – Board action:
19. Discussion and possible action re: Approval of a RESOLUTION denying the Claim for Refund filed by Clyde Taylor; Board of Supervisors – Board action:
20. Discussion and possible action re: Appointment of applicants to various committees and commissions to serve under the jurisdiction of the Board of Supervisors; Board action:
21. RESOLUTION authorizing the termination of Memorandum Of Understanding (08-172) between the California Department of Social Services (CDSS) and County of Calaveras-Calaveras Works & Human Services Agency and approving submission of the Calaveras County -Child Welfare Services Adoption Services Program Plan to CDSS with effective implementation of July 1, 2012; CalWorks – Board action:
22. Noticed PUBLIC HEARING pursuant to Government Code Section 51230 regarding discussion and possible action to approve a RESOLUTION that alters the boundaries of an agricultural preserve in Calaveras County and; Approve a resolution authorizing the rescission of a portion of California Land Conservation Contract No. 230 while simultaneously entering into new California Land Conservation Contract No. 320 with Eugene Weatherby and Kathleen A. Weatherby, Trustees; Agriculture – Board action:
23. Noticed PUBLIC HEARING pursuant to Government Code Section 51230 regarding discussion and possible action to approve a resolution that alters the boundaries of an agricultural preserve in Calaveras County and; approve a RESOLUTION authorizing the rescission of a portion of California Land Conservation Contract No. 230 while simultaneously entering into new California Land Conservation Contract No. 321 with Michael D. Fischer, Sr.; Agriculture – Board action:
24. Noticed PUBLIC HEARING pursuant to Government Code Section 51230 regarding discussion and possible action to approve a resolution that alters the boundaries of an agricultural preserve in Calaveras County and; approve a RESOLUTION authorizing the rescission of Calaveras County Agricultural Preserve Contract No. 47A while simultaneously entering into new California Land Conservation Contract No. 322 with Edward G. Robinson and Marian K. Robinson, Trustees of the Robinson Family Trust created on September 21, 1987; Agriculture – Board action:
25. MINUTE ORDER upholding the Administrative Citation in Code Compliance Case #11-23, regarding Jaki Franzen and the RECONTRUST CO. NA, authorizing abatement of all remaining code violations, and the assessment of a lien on the subject property for the recovery of administrative costs, administrative fines, and abatement costs. The property is located at 4251 Bartelink Drive, Valley Springs, CA, 95252; Code Compliance – Board action:
26. MINUTE ORDER upholding the Administrative Citation in Code Compliance Case #11-26, regarding Christopher Berti ETAL, authorizing abatement of all remaining code violations, and the assessment of a lien on the subject property for the recovery of administrative costs, administrative fines, and abatement costs. The property is located at 3155 Hawver Road, San Andreas, CA; Code Compliance – Board action:
27. MINUTE ORDER upholding the Administrative Citation in Code Compliance Case #11-33, regarding Barry Thomas, authorizing abatement of all remaining code violations, and the assessment of a lien on the subject property for the recovery of administrative costs, administrative fines, and abatement costs. The property is located at 13425 Flat Gulch Lane, Mokelumne Hill, CA. 95245; Code Compliance – Board action:
28. MINUTE ORDER upholding the Administrative Citation in Code Compliance Case #11-34, regarding Byron W. Saunders, authorizing abatement of all remaining code violations, and the assessment of a lien on the subject property for the recovery of administrative costs, administrative fines, and abatement costs. The property is located at 1309 Aspen Street, Arnold, CA, 95223; Code Compliance – Board action:
29. MINUTE ORDER upholding the Administrative Citation in Code Compliance Case #11-35, regarding Steven Alexander ETAl, authorizing abatement of all remaining code violations, and the assessment of a lien on the subject property for the recovery of administrative costs, administrative fines, and abatement costs. The property is located at 732 St. Charles Street, San Andreas, CA 95249; Code Compliance – Board action:
30. MINUTE ORDER upholding the Administrative Citation in Code Compliance Case #12-02, regarding Countrywide Home Loans Inc., authorizing abatement of all remaining code violations, and the assessment of a lien on the subject property for the recovery of administrative costs, administrative fines, and abatement costs. The property is located at 10578 Crystal Drive, Wallace, CA. 95254; Code Compliance – Board action:
31. Project # 2012-002 Miscellaneous County Initiated Amendments to Title 17 related to the inclusion of a Sunset Clause Noticed Public Hearing pursuant to Government Code §65090 et.seq.: Discussion and possible action: (1) adopting an Ordinance to approve the inclusion of Section 17.88.021 addressing a Sunset Clause related to Planning applications; Planning – Board action:
32. Noticed Public Hearing pursuant to Government Code § 65090, et seq.; Discussion and possible action to adopt resolutions to deny:
2004-039 Forest Meadows Unit 2F, Tentative Subdivision Tract Map to create 25 Lots, on 11.01± acres.
2004-098 Fairway Village Unit 2, Zoning Amendment from REC to R3-PD for 0.20± acres, per LLA No. 04-30 and a Tentative Subdivision Tract Map and a Planned Development Permit, to create 57 Lots on about 8.07± acres,
2005-086 Lake Vista Estates, Zoning Amendment for 5.91± acres from R3-PD to R1. And Tentative Subdivision Tract Map to divide 5.91± acres into 21 R1 lots.
2005-103 H.P. Development, Tentative Subdivision Tract Map and Planned Development for 72 condominium parcels and 1 open space parcel (pool, clubhouse and tennis courts) on 5.95± acres and a Conditional Use Permit to construct multi-residential condos in a Recreation zone.
2008-055 Canterwood Estates, Zoning Amendment from REC to R1 and CP and a Tentative Subdivision Tract Map to divide 24.12 acres into 25 single family residential lots and 1 commercial lot.
2008-056 Forest Lake Subdivision, Zoning Amendment from R3 to R1 and a Tentative Subdivision Tract Map to divide 12.55 acres into 18 lots.
All development projects are located in the Forest Meadows Subdivsion, which is southeast of Hwy 4 approximately 5 miles east of Murphys.
Staff is recommending denial of the six development applications due to a lack of sufficient secondary access; Planning – Board action:
33. 1:30 PM: STUDY SESSION on Proposal for Permanent Supportive Housing for Mental Health Consumers; Behavioral Health.
34. 2:30 PM: STUDY SESSION for the Discussion of the FY 2011/2012 Mid-Year Financial Report and Board Direction Regarding the Development of the FY 2012/2013 Proposed Budget; Administration – Board action:
35. Review of correspondence, reports and various matters of concern.
36. CLOSED SESSION: conference with legal counsel - anticipated litigation - initiation of litigation, (one case) pursuant to Government Code section 54956.9 (c); County Counsel - Board action.
37. CLOSED SESSION: pursuant to Government Code Section 54956.9: conference with legal counsel re: existing litigation - (four cases); Michael Nemee and Michelle Nemee v. County of Calaveras, Calaveras Superior Court Case No. CV35775; Michael Nemee and Michelle Nemee v. County of Calaveras, Calaveras Superior Court Case No. CV36297; Michael Nemee and Michelle Nemee v. County of Calaveras, Calaveras Superior Court Case No. CV35721, removed to the United States Bankruptcy Court, Eastern District of California Case No. 09-93249-D-11, Adversary No. 09-09088 - Appeal to the U.S. District Court, Eastern District of California, Case No. CV F 12-0002; Michael Nemee and Michelle Nemee v. Brent Harrington, et al., United States Bankruptcy Court, Eastern District of California Case No. 09-93249-E-11, Adversary No. 09-09068-E-11 - County Counsel B Board action.
CORRESPONDENCE – February 28, 2012
The Board May Take Action on Any of the Following Items:
February 8, 2012
1. From: CA Dept of Fish and Game; re: Recreational Take of Abalone; Callaway, Tryon, Tofanelli, CAO, Counsel, Post
February 9, 2012
2. From: CA Dept of Fish and Gabe; re: Feb 23 Wildlife Conservation Board Mtg; Callaway, Tryon, Tofanelli, CAO, Counsel, Post
3. From: CA Dept of Fish and Game; re: Proposed Regulatory Action relative to Ocean Salmon Sport Fishing; Callaway, Tryon, Tofanelli, CAO, Counsel, Post
February 13, 2012
4. From: PG&E; re: Notice of Joint Application for Market Redesign and Technology Upgrade Initiative; Board, CAO, Counsel, Post
5. From: CalFire; re: Notice of Intent to Timber Harvest; Callaway, Wilensky, CAO, Counsel, Post
February 15, 2012
6. From: Gabriel Hydrick; Resolution Exposing United Nations Agenda 21; Board, CAO, Counsel, Post
February 16, 2012
7. From: Calaveras Domestic Animal Advisory Committee; Board, CAO, Counsel, Sheriff
8. From: Tuolumne County Economic Development Authority; Board, CAO, Counsel
9. From: Evelyn McCleskey; re: Noise Ordinance; Board, CAO, Counsel
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