Calaveras County Board of Supervisors Meeting Notes – 4/23/2024

Big discussion on the Wagon Trail project.  It’s now gone on for four years.

Great big thank you to Janet!

bos-meeting-notes-04-23.24

Or watch the video.  As always, an excellent job Janet!

Closed Session Agenda

1. Pursuant to Govt. Code § 54956.9(d)(1), conference with legal counsel regarding existing litigation: County of Calaveras v. Tiscornia Ranches Limited Partnership, et al., Calaveras County Superior Court Case No. 20CV45113.

2. Pursuant to Govt. Code § 54956.9(d)(2), conference with legal counsel re anticipated litigation (one case) – significant exposure to litigation.

3. Pursuant to Govt. Code § 54957.6, conference with County-designated labor negotiators Teresa Hitchcock, Marcos Munoz, and Judy Hawkins regarding the following employee organizations: Service Employees International Union (SEIU) Local 1021; Sheriff’s Management Unit (SMU); Calaveras County Public Safety Employees Association (CCPSEA); Deputy Sheriffs’ Association (DSA); Calaveras Management Union; Calaveras Supervisors Union; unrepresented employees.

 

Public Comment

Please review .pdf and/or video for additional information

Staff Announcements

• Lisa Medina – Environmental Management Agency Director – our first Adoption Day took place on Airport Days. Had a free FOAC rabies and vaccine and microchip clinic; 116 rabies/ vaccines were given and 55 microchips. Next free clinic will be Saturday, May 11, 2024, at the Government Center. Our next adoption event will take place Saturday, April 27, in Murphys at the Mutt March Event. Animal Services will be planning adoption events throughout the county during different events. We will be adding cats/kittens to the events. We appreciate all our volunteers. Last month our cat volunteers gave 99 hours and dog volunteers gave 637 hours of their precious time. Animal Services will be adding a phone tree to provide excellent service to our community.
• Doug Oliver – Chief Building Official – new program re ag buildings, the program is in place now. Applies to ag structures in ag and residential programs. Applicant can come in with plans and can set an appointment with us, we review plans with them, and accept them and route them to other departments. Takes the fee from $2,000 to $875 and a possible $145 fee for a planning dept. Reduces time by four weeks. Maximum size building can be is 5,000 square feet. Has to be an unoccupied building, any structure type.
• Sarah ? – Programer PATV – our team has grown. We have updated cameras to get best quality content, have grown to bring in outreach programs, and development with content with other departments. Will have future projects to get out to the community. Talked with Sheriff Dept re upcoming project. Animal Shelter we are developing a program to show adoptable pets. Youth Program – Future Film Making Club – geared for middle and high school students. Developed for youth to work in all stages of projects. They are working on 2 different projects and scripts. Have about 10 – 12 students and growing. PATV have been filming community videos as well. Have a grant with BHHS, to train our seniors with tech questions. We are excited about our future projects and programs.

Recognition and Acknowledgments

4. Proclamation – Clerk of the Board of Supervisors (ID # 7895) Adopt a Proclamation
recognizing the 2024 Valedictorian and Salutatorian from Bret Harte High School.

• Supervisor Folendorf read the proclamation.
• Aurora Lewis – Valedictorian – Sophia Bowman – Salutatorian.
Scott Nanick – Superintendent BHHS – they make us very proud. The competition was very strong, they are good friends. They are going to be bright stars for Calaveras County.
Motion to approve Proclamation – passed 5 – 0.

5. Proclamation – Clerk of the Board of Supervisors (ID # 7889) Adopt a proclamation declaring April 2024 as Sikh Awareness and Appreciation Month in Calaveras County.

• Supervisor Stopper read the proclamation.
• CJ – thank you for your continued support. My family has been in the community for almost 20 years. We make up for less than 1/2% of Calaveras County community. We are small but mighty. I love to live and work here. Thank you for your support.
Motion to approve Proclamation – passed 5 – 0.

General Public Comment

Please review .pdf and/or video for additional information.

Consent Agenda

6. Minutes of Board of Supervisors – Regular Meeting – Feb 27, 2024 9:00 AM

7. Minutes of Board of Supervisors – Regular Meeting – Mar 12, 2024 9:00 AM

8. Minutes of Board of Supervisors – Regular Meeting – Mar 26, 2024 8:00 AM

9. Action Item – Administrative Office (ID # 7884) Authorize the Board Chair to sign a Letter of Opposition regarding AB 2882 to Assembly Member McCarty.

10. Resolution – Administrative Office (ID # 7740) By a 4/5 vote, 1) find exempt from CEQA, and 2) adopt a resolution establishing updated facility use rates, fees, & charges for use of land and facilities at the Maury Rasmussen Field – Calaveras County Airport, effective July 1, 2024.

11. Resolution – Administrative Office (ID # 7885) Adopt a Resolution authorizing the County Executive Officer to apply to the United States Environmental Protection Agency (EPA) for $14,300,000 in Environmental and Climate Justice Community Change Grant (Community Change Grant) funds. This grant would be used to install solar arrays, battery storage systems, electric vehicle charging stations, energy efficient heating and cooling systems, and other infrastructure/upgrades to twelve (12) community facilities.

12. Action Item – Administrative Office (ID # 7886) (1) Find exempt from CEQA; (2) Authorize and approve the application for and acceptance of Federal Aviation Administration (FAA) Airport Improvement Program Grants in the amount of $585,000 for installation of a 200kW solar photovoltaic array, backup battery storage, related equipment, and two Level 3 EV chargers; and (3) direct the County Executive Officer, or designee, to administer the grant, approve the advertisement for competitive bidding on the solar project, and sign and submit all required documents.

13. Action Item – Code Compliance (ID # 7881) 1) Authorize County Nuisance Abatement on property owned by Susan Kim Grover Trustee, in case number CE23-0250, related to the property located at No Situs Address, San Andreas; APN 042-010-020; 2) Authorize Code Compliance to abate all existing Code violations on the property and specially assess the abatement costs against the property; and 3) Authorize recordation of Notice of Abatement Lien against the property to recover administrative and costs of abatement if not paid by the owner within the timeline prescribed.

14. Action Item – Library (ID # 7862) Authorize the Board Chair to sign a Memorandum of Understanding between Calaveras County and Friends of the Calaveras County Library.

15. Agreement – Behavioral Health (ID # 7880) Authorize the Board Chair to sign Amendment 01 to the Agreement with Aurora Behavioral Healthcare for specialty mental health services increasing the amount from $200,000 to $1,300,000 for the two year period of July 1, 2022 through June 30, 2024.

16. Agreement – Health and Human Services Agency (ID # 7861) Authorize 1) the Board Chair to execute an agreement with The Resource Connection of Amador and Calaveras Counties, Inc., for the provision of the Emergency Child Care Bridge Program for Foster Children for the not-to- exceed amount of $277,304 for the period of July 1, 2023 through June 30, 2025; and 2) the Director of Health and Human Services to execute amendments thereto after internal approvals have been obtained, so long as the not-to-exceed amount does not increase.

17. Resolution – Housing Program (ID # 7890) Adopt a Resolution to Recognize April 2024 as Fair Housing Month and Reaffirm the County’s commitment to fulfill the obligations to affirmatively further fair housing in all County programs and services related to housing and community development.

18. Resolution – Human Resources (ID # 7901) Adopt an amended Resolution authorizing the Industrial Disability Retirement of Sergeant Laurie Murray.

19. Resolution – Probation (ID # 7868) Adopt a resolution to continue an agreement with the Franchise Tax Board – Court Ordered Debt Collections Program for the purpose of the collection of unpaid court ordered fines, forfeitures, and penalties by the Franchise Tax Board.

20. Action Item – Public Works (ID # 7871) 1) Adopt the plans and specifications for construction of the 2024 Paving Program for District 1 Roads, District 5 Roads, CSA 1, CSA 4, and CSA 12; 2) Authorize the Director of Public Works to incorporate any final changes into the bid documents before advertising for bids; 3) Authorize the Department of Public Works to solicit formal construction bids; and 4) Find exempt from CEQA.

21. Resolution – Public Works (ID # 7872) Adopt a list of projects proposed to receive SB1 Road Maintenance and Rehabilitation Act funding for FY 2024-25.

22. Resolution – Public Works (ID # 7873) Adopt the 2024 Department of Public Works Captial Improvement Program.

23. Action Item – Public Works (ID # 7876) 1) Adopt the plans and specifications for construction of the Valley Springs School Safety Improvements Project; 2) Authorize the Director of Public Works to incorporate any final changes into the bid documents before advertising for bids; 3) Authorize the Department of Public Works to solicit formal construction bids; and 4) Find exempt from CEQA.

24. Action Item – Sheriff (ID # 7858) 1) Accept an one-time augmentation of grant funds in the amount of $150,472.19 from the California Department of Parks and Recreation, Division of Boating & Waterways (DBW); 2) Approve Budget Transfer Form for the increase in allocation of revenue and expenditures in the Marine Safety Budget Unit 10100360; and 3) Authorize the Sheriff’s Office and Purchasing Agent to issue purchase orders (POs) to acquire a scan sonar device and boat metal cart port for the Boat Barn, two new capital purchases, and include these capital purchases in the official FY2023-24 Budget Capital Asset Requests list. Requires a 4/5th affirmative vote of the Board.

• Supervisor Stopper pulled items 20, 21, and 22.
• Supervisor Huberty pulled (eliminated) items 15 and 24.
Motion to approve consent items 6 – 24 with the exception of 15, 20, 21, 22, and 24 –
passed 5 – 0.

Item #15
Public Comment • None
Motion to approve consent item 15 – passes 5 – 0.

Item #20, 21, 22
Public Comment
Motion to approve consent items 20, 21, 22 – passes 5 – 0.
Item #24
Public Comment • None
Motion to approve consent item 24 – passes 5 – 0.

Regular Agenda

25. Resolution – Public Works (ID # 7893) Conduct a public hearing and adopt a Resolution of Necessity finding and determining the public interest and necessity require the State Route 4 Wagon Trail Project (Project); the Project is planned and located in the manner most compatible with the greatest public good and the least private injury; the extension of two Temporary Construction Easements [17255-7 on Assessor’s Parcel No.053-007-032 and 17257-4 on Assessor’s Parcel No. 053-001-018] for two additional years is necessary to complete construction of the Project; and a 7267.2 offer was made to the Owners. Adoption of a Resolution of Necessity requires a 4/5 affirmative vote by the Board of Supervisors.

• Robert Pachinger – Director Public Works – item is extension for temporary construction easement for the coming construction season we have and monitor. Presentation will be provided but as far as our item is concerned, this is the public hearing for that item.
• Garret Rights – Co-owner of Diablo Engineering Group – Civil Engineer – 35 years experience and expertise is complex transportation projects. I maximum grant funding to improve our transportation system. I am representing the Tiscornia family. We want to work out what is fair for all parties. We recognize we want the project done as soon as possible. Project was supposed to get done in 19 months. We are now starting the fourth year. We are concerned about expensive construction fees. December 8, 2020, started eminent domain process. Discussed dates re the construction start and stop. We want the contractor to complete the project so we can get back to ranching. We have been patient but there have been several mistakes. Discussed several mistakes made by the county re schedule, cutting trees down, etc. County agreed to pay for expenses to date they have not reimbursed expenses paid by Tiscornia Ranch. Requested utility relocation and it did not occur timely. The county failed to timely install fencing, even today, which was a promise in writing that was supposed to be the first part of the work. Due to this, the family on this private property was not able to function properly as a ranch. County continues to use their ranch. The county has blocked access to some of the gates which they agreed not to block access to all their gates in writing. Provided details of their land and the appraisal values and how they varied to benefit the county. March 17, 2020, County prepared an appraisal and said they have to purchase 6 of their parcels; 16 acres valued at $2,500 per acre. We have paid property taxes and the county says they can take it for free. December 8, BOS held a hearing and the county only needed 5 parcels. In Spring, realized mistake and said they needed 6 parcels. In August, a second agreement was reached by both parties and agreed to jury trial re fee for property.
December 15, 2023, I asked county how many legal parcels they needed. The county continues to change the number of parcels to avoid settling this matter. We have had an appraisal ready since September 2023. Re temporary construction easement, you need to return property back to us in their original condition. Restoration is required by May 2024. Your contractor has a lot of work to get this done timely which I don’t think can happen. County does not need the temporary easement as previously requested. Please ask staff re the temporary easement and the status and completion date. Suggestion: it would be best for county to return all 9 parcels, finalize required information in order to achieve negotiations for global settlement. Deposit money in escrow account in order to settle matter and know it will be available. County continues to benefit from Tiscornia Ranch’s actions. We want a fair settlement for both parties.

Public Comment – Please review .pdf and/or video for additional information.
Motion to approve Resolution – passed 4 – 1 (Supervisor Stopper voted no).

26. Resolution – Administrative Office (ID # 7888) Approve a resolution of the County Board of Supervisors of the County of Calaveras authorizing the County Executive Officer to execute agreements with the California Department of Tax and Fee Administration for implementation of Measure A, a local transaction and use tax.

• CEO Teresa Hitchock – would like to take items 26 and 27 together in order to implement Measure A.
Public Comment • None
Motion to approve Resolution – passed 5 – 0.

27. Resolution – Administrative Office (ID # 7894) Approve a resolution of the County Board of Supervisors of the County of Calaveras authorizing examination of sales and use tax records related to the administration and collection for Measure A.

28. Action Item – Building (ID # 7851) 1) Introduce and waive first reading of an ordinance repealing Chapter 9.22 of Calaveras County Ordinance Code related to Cannabis Background Clearance Badges, 2) find ordinance exempt from CEQA, and 3) authorize a summary publication of the ordinance.

Public Comment • None
Motion to approve Resolution – passed 5 – 0.

28. Action Item – Building (ID # 7851) 1) Introduce and waive first reading of an ordinance repealing Chapter 9.22 of Calaveras County Ordinance Code related to Cannabis Background Clearance Badges, 2) find ordinance exempt from CEQA, and 3) authorize a summary publication of the ordinance.

• Doug Oliver – Chief Building Official – On September 12, 2023, heard a presentation re overview, some challenges and recommendations were presented. One item was background clearance badges. Currently, program has processed 1,031 applications, only 20 denied, 33 inactive. Meant to identify workers and employees in industry through a background process and no convictions re safe operations of cannabis operations. We don’t have this type of issue, very rare and usually person didn’t know they needed to get background clearance badge. Hasn’t been a health and safety issue. Recommending it be repealed because it is challenging during harvest time which may be only one or two weeks and to get the badge for that short period of time delays the process and causes issues getting product to harvest. Predominately we have good actors, don’t have the crime others may see, ours is very low. Activity that does’t get reported on in the illegal grow side, not the legal businesses. If this industry is to be treated like others, a similar background check process needs to occur. It served its purpose, set the standard, business owners don’t want criminals either.
Public Comment – Please review .pdf and/or video for additional information.
Motion to approve Resolution – passed 3 – 2 (Supervisors Tofanelli and Garamendi no)

Supervisor Announcements

• Supervisor Stopper – would like an item brought forward re fees for Building Department and Fire Marshall. BOS agreed to this request.
• Supervisor Tofanelli – had a great group of kids from PATV
Supervisor Huberty – attended April 15 Central Sierra Child Services meeting. We will be working with PATV.

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