Calaveras County Board of Supervisors Meeting Notes – 09-12-2023

I understand that this was a long meeting.  Regular Agenda Items begin with Item 26. ATCAA, parking in San Andreas, Cannabis Program update, and a start on County budgets.   You’ll need to read through Janet’s notes to see it and for a lot more information.

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

Staff Announcements:

• Lisa Medina – Environmental Management Agency Director – in August – dog volunteers gave 1,668 hours of time; the shelter had 16 adoptions; more dogs and a litter of puppies were brought in. Have cats and kittens too. Cat volunteers gave over 140 hours of their time in August. FOCAS will have the last rabies and vaccine at Government Center on Saturday, September 16.
 Gina Kathan – Planner III – Planning Department – pleased to announce we have released the draft update to the county zoning code for review. You can go to the website, and post them on community boards so the public can view them as well. We are available to answer questions and are excited to get this process running. Notice of public hearing will go out before the action hearing. Study sessions don’t need to be noticed. Property owners will get info prior to the first meeting of action after the study sessions. Approximately 5,000 landowners/parcels will be affected. Have the list together, a little behind because we will include a zoning map along with the update. Can call the planning department if you want to know if your parcel zone will be changing. Property owners will be getting individual notices in the mail. Anyone can give comments now and next 30 days and they will have lots of opportunities to discuss any concerns or issues.

Recognition and Acknowledgments

2. Proclamation – Behavioral Health (ID # 7133) Adopt a Proclamation declaring September as Suicide Prevention Awareness Month in Calaveras County.

 Supervisor Stopper read the proclamation.
• Wendy Alt – Mental Health Director – Behavioral Health – we have family members who this has affected to share their stories. If you or someone else needs help, call 988, or Calaveras Behavioral Health.
Motion to approve proclamation – Passed – 5 – 0.

3. Proclamation – OES (ID # 7508) Proclaim September as Emergency Preparedness Month in Calaveras County.

• Supervisor Folendorf read the proclamation.
• Mike Massone – Director of OES – joined with LG Singh. Making sure we are providing all the information and resources to our residents. Thank you for the recognition. Reach out to us with any questions or refer to our website.
Motion to approve proclamation – Passed – 5 – 0.

General Public Comment

Please review the notes and video for the general public comments.

Consent Agenda

4. Action Item – Administrative Office (ID # 7429) Authorize the Board Chair to sign the response to the June 22, 2023 Grand Jury Report regarding Cannabis.

5. Agreement – Administrative Office (ID # 7497) Authorize the Board Chair to execute the funding agreement associated with the First Amendment to the Interlocal Agreement with the University of California Cooperative Extension approved on September 2, 2021, in the amount of $181,236.60 for UCCE programs and services on the Government Center campus for a period of July 1, 2023 through July 1, 2024.

6. Action Item – Administrative Office (ID # 7514) 1) Accept the work of VSS International, Inc. for the Calaveras Airport Runway Rehabilitation Project; 2) Authorize the Board Chair to sign the associated Notice of Completion for recordation; and 3) Authorize the Administrative Office to release all retained funds.

7. Resolution – Administrative Office (ID # 7518) Adopt a Resolution authorizing the County Executive Officer, or designee, to apply to the California Strategic Growth Council for a $10,000,000 community resilience center grant.

8. Action Item – Air Pollution Control District (ID # 7472) Authorize the Air Pollution Control Officer to 1) sign the Grant Agreement Cover Sheet for the Woodsmoke Reduction Program Grant, 2) request disbursement of the funds, and 3) implement the program.

9. Resolution – Auditor/Controller (ID # 7520) Adopt a Resolution Establishing Ad Valorem Property Tax Rates for Fiscal Year 2023-24.

10. Agreement – Behavioral Health (ID # 7487) Authorize the Board Chair to execute an Agreement with Matthew J. Johnson, LMFT, for the provision of mental health services in the not to exceed amount of $70,000 for the period of July 1, 2023, through June 30, 2024.

11. Resolution – Code Compliance (ID # 7516) By a 4/5 vote, approve a Resolution of Intent to renew the collection of Abandoned Vehicle Abatement fees for an additional ten years and to place a measure on the next available County election that the measure can reasonably be consolidated with.

12. Action Item – Code Compliance (ID # 7517) Authorize County nuisance abatement, special assessment of the abatement costs, and the recordation of a notice of abatement lien on the property owned by US Bank National Association Trustee c/o Truman Capital Advisors, in case number CE22-0091, related to the property located at 1869 Highway 4, Arnold; APNs 028-011- 002 & 028-011-003.

13. Action Item – Code Compliance (ID # 7519) Authorize County nuisance abatement, special assessment of the abatement costs, and the recordation of a notice of abatement lien on the property owned by Estate of Eula Mae Kolb, in case number CE22-0122, related to the property located at 5394 Hub Ct, Copperopolis; APN 054-001-009.

14. Agreement – Victim Witness (ID # 7479) Approve and authorize the Board Chair to sign a second amendment extending a lease agreement with Jake and Donna Koplen for office space for Victim Services for the term of September 1, 2023 to August 31, 2026, in an amount not to exceed $87,264.

15. Action Item – District Attorney (ID # 7480) 1) Approve the DA’s Annual Certification Report for the US Department of Justice annual Equitable Sharing Program for County fiscal year 2022-23; and 2) Authorize the District Attorney’s Office to electronically submit the report on behalf of the District Attorney and the Chair of the Board of Supervisors.

16. Agreement – Economic & Community Development (ID # 7498) 1) Make a public benefit finding and 2) Approve and authorize the Board Chair to sign the Lease Agreement between Calaveras County (lessor) and Calaveras County Arts Council (lessee) for office space located at 22 Main Street, San Andreas, CA, for a term ending June 30, 2025 in the amount of $100 per month.

17. Agreement – Human Resources (ID # 7521) Approve and Authorize the Board Chair to execute the renewal of the NeoGov Recruiting, Onboarding, and eForms modules in the amount of $57,997.28.

18. Action Item – Economic & Community Development (ID # 7512) Review the selection of twelve (12) broadband deployment project areas under the Golden State Connect Authority Memorandum of Understanding for application to the California Public Utilities Commission Federal Funding Account Grant Program; and designate the County Executive Officer, or designee, as the County’s authorized representative on this project.

19. Agreement – OES (ID # 7491) Approve, and authorize the Board Chair to sign, amendments to three existing facility use agreements between PG&E and the County, authorizing the County to utilize PG&E-installed Automatic Transfer Switches when not being used by PG&E and accepting the liability for same.

20. Agreement – OES (ID # 7527) 1) Award RFP #23-0470-04-968 for Fuel Reduction Services for the McKays Fuel Break Project; 2) Approve, and authorize the Board Chair to sign, a contract with High Sierra Timber Management, LLC in the amount of $1,731,775.00; and 3) Authorize the County Executive Officer to execute any amendments necessary to modify the scope of work, term, scheduling of tasks, and to reallocate funds between tasks, provided there is no increase to the total amount of the agreement.

21. Resolution – Public Health Services (ID # 7471) Adopt a Resolution authorizing the Director of Health and Human Services Agency to execute Grant Agreement No. 22-11024 with the California Department of Public Health-California Immunization Program resulting in revenue of $1,411,020.19 for the period of July 1, 2022 to June 30, 2027.

22. Action Item – Probation (ID # 7496) Approve Amendment 01 to the Participating Addendum WSCA-NASPO Cooperative Purchasing Master Agreement NO 00212 with a term limit ending December 31, 2024.

23. Agreement – Public Works (ID # 7495) Authorize the Board Chair to execute a Baseline Funding Agreement with the California Transportation Commission (CTC) to receive funds awarded from the Road Repair and Accountability Act of 2017 (Senate Bill 1) for Right of Way of the Eastern Segment of the State Route 4 Wagon Trail Realignment Project (Phase 2).

24. Agreement – Public Works (ID # 7499) 1) Award Request for Proposals 22-1200-36-913 for construction management services for the High Friction Surface Treatment Project, HSIP 5930- 099; 2) Authorize the Board Chair to execute an Agreement with Dewberry Engineers Inc. for construction management services in an amount not to exceed
$188,272.69 for a term beginning on September 12, 2023, and terminating upon Board of Supervisors acceptance of a Notice of Completion for the High Friction Surface Treatment Project; and 3) Approve a budget transfer increasing revenue and expenditure appropriations associated with High Friction Surface Treatment Project for FY 2023-24, requiring 4/5 affirmative vote of the Board of Supervisors.

25. Agreement – Public Works (ID # 7500) 1) Award Invitation to Bid 23-1200-03-913 for construction services for the High Friction Surface Treatment Project, HSIP 5930-099; and 2) Authorize the Board Chair to execute a contract for construction with American Civil Constructors West Coast LLC in an amount not to exceed $1,449,000 with 60 working days.

26. Action Item – Treasurer-Tax Collector (ID # 7510) 1) Renew annual delegation of investment authority to the County Treasurer, and 2) Adopt County Investment Policy and Guidelines for 2023-24.

27. Resolution – Sheriff (ID # 7515) 1) Adopt a Resolution authorizing the execution and delivery of an Amendment to Facility Sublease for the Calaveras County Jail facility and authorizing certain actions in connection therein; 2) Authorize the Board Chair and the County Executive Officer to each have independent authority to execute and deliver all documents, certificates, opinions, and agreements necessary and advisable in order to consummate County obligations under the terms of all legally binding AB900 agreements; and 3) Authorize recordation of the fully executed Amendment to Facility Sublease.

• Chair Tofanelli – item #10 will be removed and brought back at another date.
• Supervisor Folendorf – pulled item #23.
• Chair Tofanelli – told IT is going to pull item #18.
• Al Segalla – Taxpayer Association – items #7, 8, 15, 17
• Supervisor Folendorf – recusing herself from item #20
Motion to approve consent items 2 – 27- excluding 4, 7, 8, 15, 17, 18 – passed 5 – 0.
Item #4:
Tabled until after item #31
Please see the notes and video for additional discussion.
Motion to approve consent items 4 – passed 5 – 0.
 Teresa Hitchcock – CEO – The item is for giving us permission to apply for a grant for $10M for a resiliency center to be located in San Andreas to provide for emergency center/disaster relief, people can come during a disaster, also can be used for a community resource – can use as a community center for plays, education, number of other activities. Hopeful to be successful for applying for this grant. Would be a great asset for our county.
Motion to approve consent items 7 – passed 5 – 0.
Item #8
Please see the notes and video for additional discussion.
Motion to approve consent items 8 – passed 5 – 0.
Item #15
• Michael Hempfield – DA’s Office – the equitable sharing is when assets are seized from drug dealers, etc this is with the federal government, and DEA involvement, the sharing is the county will get a portion of the proceeds. Otherwise, the Feds would get it all.
Motion to approve consent items 15 – passed 5 – 0.
Item #17
• Judy Hawkins – HR & Risk Director – this is a software company that works with governmental agencies and we use for our recruiting platform, candidates can apply online, onboarding process, each department can have a page for their new forms, and it is taking all HR documents into a paperless system.
Motion to approve consent items 17 – passed 5 – 0.
Item #18
• Stan Moore – IT – passed out handouts to the BOS and public. It is talking about the project area for broadband submitted by Golden State Connect. On track to receive applications by Golden Connect by September 30th. One project area 210 is being withdrawn. Will be brought back for consideration after September 30th in Phase 2. The other 11 projects stands as submitted.
Motion to approve consent items 18 – passed 5 – 0.

Regular Agenda

28. Action Item – Administrative Office (ID # 7523) Authorize the Board Chair to sign a letter requesting the Amador Tuolumne Community Action Agency (ATCAA) to transfer responsibility to the Calaveras Mariposa Community Action Agency (CMCAA) for all programs and funding made available to specifically serve Calaveras County.

• Teresa Hitchcock – CEO – Because we now have CMCAA, it would be more efficient and better for our citizens to access these programs.
• Cori Allen – HHS Director – end goal is to serve the mission of community action, that all residents have an opportunity to thrive in their community. We want to provide services for our citizens in our community. Having access will be the best action for our community.
Motion to approve action item – Passed – 5 – 0.

29. Informational Item – Administrative Office (ID # 7524) Receive an update from staff on the status on Highway 49 parking in San Andreas.

• Robert Pachinger – Director Public Works – multi-layered issue. Request to look at parking situation. CalTrans will start an investigation to look at this situation. They will be looking at the parking and code enforcement issues. The signage is not clear. CalTrans is working on a shop project and will be reworking on the road but won’t start until next year. During that time, parking will be affected on the road. At this point, we are requesting direction from BOS. Do we want to wait for our request to CalTrans, or wait for the shop project to be completed which is a few years out, or I can receive direction to proceed to designate no parking areas.
• Sarah Edwards – County Counsel – because this is a state highway, there is a procedure and process we must follow. We can restrict parking but must go through an ordinance and the state to do so. I can work with Robert Pachinger if they want to proceed with that route; limiting or banning parking. We can get it to CalTrans for approval, then the BOS could approve.
• BOS agreed to allowing Supervisor Garamendi and Chair Tofanelli to work with Robert Pachinger and CalTrans and then will bring the matter back to the BOS for a vote.
Informational Item Only.

30. Resolution – Planning (ID #7486) Conduct a public hearing and adopt Resolution 2023-004 approving a General Plan Amendment from Resource Production (RP) to Working lands (WL) for William Spence.

• Madeline Flandreau – Planner 3 – Planning Department – General Plan for Amendment for APN 58-001-005 from Resource Production to Working Lands for consistency with an adjacent parcel to complete lot line adjustment. Located at 1523 Hwy 49 in Angels Camp. Approximately 23 acres in size and with Spence Feed  Store. Development began in the late 1970s in conjunction with the feed store. At the time the parcel was classified as undesignated. Will remove split zoning. The survey was conducted last year. The area along the Hwy has multiple uses; stores, and homes. Routed for 30 days, no comments or concerns were received. CEQA Exempt: Commonsense Exemption. No possibility of significant effects on the environment. No increase in development potential. Smaller parcels are not conducive to commercial-scale agriculture. Planning Commission Hearing on August 10, 2023, no public comments. The commission voted 4-0-0-1 (one absent) on rehoming approval. Findings and Conclusion: No possible of significant effects on the environment. The proposed zoning is consistent with the General Plan. In the public interest. Will not adversely affect grounding properties. Promotes public health, safety, and general welfare, and serves the goals and purposes of Title 17. Planning Commission recommends approval.
Public Comment • None
Motion to approve action item – Passed – 5 – 0.

31. Informational Item – Building (ID # 7353) Cannabis Program Update

• Doug Oliver – Chief Building Official – Cannabis Regulatory Program Update.
Extensive notes and comments to be found in the notes and video.
Informational Item Only.

32. Action Item – Administrative Office (ID # 7501) 1) Conduct the Fiscal Year 2023-24 County Budget Hearings; 2) receive a presentation; and 3) direct staff to return on September 26, 2023 with the County Budget Resolutions.

• Marcos Munoz – Assistant CAO – presented a PowerPoint presentation. Please review for detailed information.
• Overview of Presentation: FYI 2022-23 Wrap-Up & Revenue updates; Budget Request Snapshot. All Funds Summary; Budget Request Snapshot – operating Funds; Budget Request Snapshot – General Fund; Structural Deficit; Items Needing Direction; Final Budget Highlights.
• General Fund – Refers to general operating funds. Accounts for all financial resources not in another fund (Public protection, Admin, etc.). Special Revenue Fund – Accounts for resources that are restricted for designated purposes (MHS, HHSA Departments, etc.). Capital Fund – Accounts for resources that are used for the acquisition or construction projects (Animal Shelter, DA Building, etc.). Enterprise Fund – Accounts for operations that are run like private enterprises (the Airport).
• FY 2022-23 Close Out: Close-out – actual final fund balance: $8,541,467M. Revenues – Sales Tax – Flat compared to 2021-22 actuals (+$7,246). TOT – 1.6% down from 2021-22 actuals (-$44,155). Secured Property Tax – 10.4% above 2021-22 actuals 9+1,445,300). Excise Tax – 2.6% above 2021-22 actuals (+$91,881).
• All Funds Summary – Total – $326,796,381 – FY 2022-23; $355,044,808 – FY 2023-24; % Change – 7.96%.
• Year Over Year Comparison – By Function – Total – $228,224,541 – FY 2022-23; $239,888,413 – FY 2023-24; % Change – 4.85%.
• Year Over Year Comparison – By Function – $75,016,101 – FY 2022-23; $80,732,888 – FY2023-24; % Change – 7.08%.
• General Fund – Year Over Year Revenue Comparison – Total – $64,589,074 – FY 2022-23; $72,191,421 – FY 2023-24; % Change – 10.53%.
• Structural Deficit – Structural Deficit Calculation: Expenses – Contingencies – Funds Transferred to “Savings” Accounts – Revenue. General Fund: Expenses – 80,732,888; Contingencies – (1,808,669); Transfer to GF Reserves – (303,284); Transfer to County Capital – (3,967,122); Total Net Expenses: $74,653,813. Total Net Expenses – $74,653,813, Revenue – ($72,191,421), FY 20223-24 Structural Deficit – $2,462,392.
• General Fund Reserve Balance – General Fund Reserve – Fund Balance as of 6.30.23 – $5,089,895. Budgeted Transfers Fiscal year 2023-24 – Transfers From Reserve – 0;
Estimated Revenue for 2023-24 – Fund Transfer To Reserve – $303,284; Estimated Fund
Balance as of 6.30.24 – $5,393,179. The $5,393,179 represents policy minimum. Policy
minimum is 8% of GF Revenues (3-year average).
• Items Needing Direction – Public Works – Weed Spraying Rig: Weed Spraying Rig: item funded through Public Works; item listed as $25,000 in the budget; Actual cots for rig closer to $60,000. Alternatives: Increase the amount from $25,000 to $60,000; Deny the request; Request Public Works to bring back at a future meeting to increase appropriations.
• BOS agreed to move forward on this request – 5-0.
• Building/Code Complaint Separation of Budget: Separation of Budgets – Building/Code Compliance were combined into one department back in FY 2021/22; Separating resulted in a $314,428 GF contribution, which is currently in the budget; Typically, Code Compliance is a GF funded Department and not intended to be funded through the Building Department. Alternatives: Approve the Separation of the Building and Code Compliance Budgets; Request Building/Code Compliance to bring back at a future meeting; Deny the request.
• BOS agreed to move forward on this request – 4-1 (Supervisor Stopper voted against it.)
• TOT Fire True-Up: County Received – $2,728,725 – FY 2021-22, 2,684,571 – FY 2022/23 – Budgeted – $2,450,000 – FY 2022/23. Fire Received $435,874 – FY 2021/22, $682,181 – FY 2022/23, Budgeted – $612,500 – FY 2022/23. % Fire Received 25% of FY 2020/21, and 25% of FY 2021/22. 25% of Y 2022-23 is $67,142. Difference of $58,643 from budget. Currently not included in the budget. Alternatives: Keep as originally budgeted ($612,500); Increase amount to reflect 25% of FY 2022-23 ($671,142); Other.
• BOS agreed to move forward on this request – 5-0
• Tree Mortality – Total Tree Work – $649,277; Total TSS Consulting – $139,202; Total Project – $788,429; County Match – $107,389. The estimated County Match is $107,389; Project 41 has no match and the project is underway; Average cost per tree used in the calculation – $646.26 (average of 3 lowest bids on Project 41); $55,000 available through the grant for fuel reduction can be used as match leaving approximately $52,389 needed to complete all identified projects – Currently, the $52,389 match is not budgeted. Alternatives: Keep as originally budgeted — All projects will stop, except Project 41; utilize only $55,000 in grant funds – priority projects need to be identified; Fund additional $52,389 through GF or other funding sources to complete all currently identified projects.
• BOS agreed to move forward on this request – 5-0
• Cosgrove Creek – Public Works has worked with Cal Fire in the past to clear portions of Cosgrove Creek to protect County infrastructure. The amount budgeted each year is approximately $30,000. $30,000 currently budgeted. Cal Fire is not available this year, resulting in an increase in similar work to be done. For Gold Creek Ranch (Phase 1) and Grouse Drive area (Phase 2) is estimated to be approximately $60,000. From Silver Rapids Rd extending North 2.27 miles (Phase 3 – actually to finish the entire project) is estimated at approximately $115,000. The total to do all phases is approximately $115,000. Admin/public Works is exploring additional options to reduce the costs. This is not to finish the project, but to clear the brush. May be back next year for additional funds.
• BOS agreed to move forward on this request – 5-0
• Final Budget Highlights – Economic Uncertainty (high inflation, volatile market conditions). Admin will be constantly monitoring and re-evaluating budgeted numbers throughout the year. Significant increases are anticipated in future budgets to account for MOU increases. Continued reduction in dependence on one-time funding. Structural Deficit reduced from approximately $9.4M at Final Budget FY 2022-23 to roughly $2.5M. Although reduced we continue to have a Structural Deficit. GF Reserve and Contingencies are at or above policy minimums.
Public Comments:
Motion to approve action item as presented and stated above – Passed – 5 – 0.

Supervisor Announcements

• Supervisor Huberty – Cori Allen gave me an informative/educational tour of the HHSA – I wanted to thank her, MC’d the Sierra Logging Jamboree, and attended the Habitat for Humanity and Veterans event yesterday.
• Supervisor Garamendi –
 Supervisor Folendorf – attended the Counsel of Government Meetings; attended Utica Power meet and greet with the Congressman.
 • Supervisor Stopper – meeting on Friday with Central Sierra Economic Development District;09.26.23 will not be able to attend the meeting.
 Chair Tofanelli – attended COG meeting, Thursday will meet with HHS for luncheon and tour of Garamendi’s district in West Point.


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