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Posted by: thepinetree on 02/09/2016 04:13 PM Updated by: thepinetree on 02/10/2016 10:00 AM
Expires: 01/01/2021 12:00 AM
:

Board Votes 3-2 That Conditional Use Permit Not Required For Proposed Asphalt Plant At Hogan Quarry (Updated With Meeting Minutes)

San Andreas, CA....After hours of comments and testimony pro & con the Calaveras County Board of Supervisors voted 3-2 to deny the appeal of the Planning Commission decision that a conditional use permit is not required for the proposed asphalt plant at Hogan Quarry. Supervisors Edson, Oliveira & Kearney voted for the resolution that denied the appeal and Supervisors Wright & Ponte against.

0209161130b_HDR
Today In The Board Chambers



The Board of Supervisors denies the appeals, thereby upholding the decision of the Planning Commission, finding that – assuming project proponents’ compliance with all relevant laws and regulations – based on substantial evidence in the record, the proposed use of hazardous substances at the asphalt plant proposed for Hogan Quarry does not rise to a level where the substances may have a significant effect on the environment, and because of that determination a conditional use permit is not required pursuant to Calaveras County code section 17.42.035, based on the following findings:


CALAVERAS COUNTY BOARD OF SUPERVISORS
CLIFF EDSON - CHAIR SHIRLEY RYAN
DISTRICT 1 COUNTY ADMINISTRATIVE OFFICER
CHRIS WRIGHT – VICE-CHAIR MEGAN STEDTFELD
DISTRICT 2 COUNTY COUNSEL
MICHAEL C. OLIVEIRA DIANE SEVERUD
DISTRICT 3 CLERK OF THE BOARD
DEBBIE PONTE
DISTRICT 4 891 MOUNTAIN RANCH RD
STEVE KEARNEY SAN ANDREAS, CA 95249
DISTRICT 5 TEL: (209) 754-6370
Generated 2/10/2016 8:56 AM
February 9, 2016
REGULAR MEETING MINUTES
CALL TO ORDER
Attendee Name Title Status Arrived
Cliff Edson
Chair
Present
Chris Wright
Vice Chair
Present
Michael Oliveira
Supervisor
Present
Debbie Ponte
Supervisor
Present
Steve Kearney
Supervisor
Present
CLOSED SESSION AGENDA
1. CLOSED SESSION: conference with legal counsel; anticipated litigation – significant exposure to litigation, (one case) pursuant to Government Code section 54956.9 (d)(2).
2. CLOSED SESSION; pursuant to Govt. Code section 54957.6, personnel matter: conference with labor negotiator, Judy Hawkins, Deputy County Administrative Officer, Human Resources & Risk Management re: Sheriff’s Management Unit (SMU), and Calaveras County Public Safety Employees Association (CCPSEA) and Service Employees International Union (SEIU) negotiations; Human Resources Director – Board Action.”
3. CLOSED SESSION: Public Employee Appointment pursuant to Government Code Section 54957 (b)(1): Librarian and Building Official
Pledge of Allegiance
Announcements
Closed Session #1: No Action Taken
Closed Session #2: No Action Taken
Closed Session #3: No Action Taken
9:10 AM TO 9:35 AM: PUBLIC COMMENT
Tom Reeves (PGE Representative) spoke on the fire area restoration.
George Fry spoke on the American Legion Post in Valley Springs and their donations to support 6 boys to attend Boys State this year.
A doctor & Nurse from Mark Twain spoke on heart disease prevention.
Joe Kelly spoke about flooding on his property.
Bill McManus spoke on the marijuana issue.
Peter Ratz spoke on Planned Parenthood and CalFire.
Bonnie Newman spoke on the history of Calaveras County.
A member of the public spoke on the trucks used in the fire cleanup.
Regular Meeting Tuesday, February 9, 2016 8:00 AM
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REGULAR AGENDA
4. PLANNING 2015-082 Appeal of the Planning Commission’s determination that, based on substantial evidence, the use of hazardous materials at the proposed asphalt plant at Hogan Quarry does not rise to a level that it may have a significant effect on the environment pursuant to Section 17.42.035 of the County Code.
Motion by Supervisor Oliveira. Second by Supervisor Kearney. [3 to 2] Adopted by the below result.
AYES: Cliff Edson, Michael Oliveira, Steve Kearney
NAYS: Chris Wright, Debbie Ponte
5. BUILDING Receive a presentation on Education Code overview and 4290 Fire Safe Regulations
Motion by . Second by . No Vote by the below result.
6. ADMINISTRATIVE OFFICE Adopt a resolution directing the Clerk Recorder to place the Resource Conservation District proposal on the June 7, 2016 Ballot
Motion by Vice Chair Wright. Second by Supervisor Oliveira. [4 to 1] Adopted by the below result.
AYES: Cliff Edson, Chris Wright, Michael Oliveira, Steve Kearney
NAYS: Debbie Ponte
7. ADMINISTRATIVE OFFICE Appointment of applicants to serve on various Committees, Commissions, Advisory Boards and County Service Areas.
A correction from District 4 to District 1 was made on Nicolas Valente for the Fish & Game Commission.
Supervisor Edson appointed Grant Metzger and Nicolas Valente to District 1 Fish & Game Commission.
Supervisor Wright appointed Karen Waldear and Jerry Byrd to District 2 Fish & Game Commission.
Districts 3,4, and 5 applicants to Fish & Game were appointed.
Applicants for the Air Pollution Control Hearing Board and the PEG Television Commission were appointed.
Motion by Supervisor Ponte. Second by Vice Chair Wright. [Unanimous] Approved by the below result.
AYES: Edson, Wright, Oliveira, Ponte, Kearney
8. HUMAN RESOURCES Introduction, after a waiver of the reading, an Ordinance Adopting and Approving Changes Consistent with the New Contract with Deputy Sheriffs' Association and offered to all Bargaining Units for the Board of Supervisors.
Motion by Supervisor Oliveira. Second by Supervisor Kearney. [Unanimous] Adopted by the below result.
AYES: Edson, Wright, Oliveira, Ponte, Kearney
9. HUMAN RESOURCES Human Resources & Risk Management is recommending that the Board of Supervisors approve a Resolution Adopting Changes Consistent with the New Contract with Deputy Sheriffs' Association (DSA) ending June 30, 2017 and offered to all bargaining units for Appointed Department Heads, Mid-Management, Professional, Supervisory Confidential, and Other.
Motion by Vice Chair Wright. Second by Supervisor Oliveira. [Unanimous] Adopted by the below result.
Regular Meeting Tuesday, February 9, 2016 8:00 AM
3 | P a g e
AYES: Edson, Wright, Oliveira, Ponte, Kearney
10. HUMAN RESOURCES Introduction, after a waiver of the reading, an Ordinance Adopting and Approving Changes Consistent with the New Contract with Deputy Sheriffs' Association and offered to all Bargaining Units for Elected Officials.
Motion by Vice Chair Wright. Second by Supervisor Kearney. [Unanimous] Adopted by the below result.
AYES: Edson, Wright, Oliveira, Ponte, Kearney
11. HUMAN RESOURCES Provide direction to staff regarding the Sheriff Appointment Interview Process.
Board directed staff to proceed with the process brought forward.
Motion by . Second by . No Vote by the below result.
12. ADMINISTRATIVE OFFICE Board Chair, Department Heads, CalOES and FEMA Update on Butte Fire Recovery
Motion by . Second by . No Vote by the below result.
CONSENT AGENDA
13. Item Pulled from Consent
Minutes of Board of Supervisors – Regular Meeting – Jan 26, 2016 8:00 AM
14. PUBLIC WORKS Adopt a resolution accepting Paratransit Services' December 29, 2015, revision of their Drug and Alcohol Testing and Compliance Policy required by federal law pursuant to 49 CFR Parts 40 and 655.
Motion by Vice Chair Wright. Second by Supervisor Kearney. [Unanimous] Adopted by the below result.
AYES: Edson, Wright, Oliveira, Ponte, Kearney
15. AB 109 Approve CCP Implementation Plan Spending Adjustment for 2015-16 Fiscal Year. Pursuant to Section 1230.1(c) of the Penal Code, the plan shall be deemed accepted by the BOS unless rejected by a 4/5 vote.
Motion by Vice Chair Wright. Second by Supervisor Kearney. [Unanimous] Approved by the below result.
AYES: Edson, Wright, Oliveira, Ponte, Kearney
16. Item Pulled from Consent
ADMINISTRATIVE OFFICE Approve a Professional Services Agreement between the County of Calaveras and the California Association of Environmental Health Administrators in the amount of two hundred fifty thousand dollars ($250,000.00) expiring June 30, 2018 to assist with debris, ash removal and nuisance abatement in the Butte Fire burn area. Authorize County Administrative Officer to sign agreement.
Motion by Supervisor Kearney. Second by Supervisor Oliveira. [Unanimous] Approved by the below result.
AYES: Edson, Wright, Oliveira, Ponte, Kearney
17. ADMINISTRATIVE OFFICE Approve the attached Agreement between the County of Calaveras and Calaveras Community Television for lease and management of the Paul Moeller Studio for the period of February 14, 2016 through February 28, 2017.
Motion by Vice Chair Wright. Second by Supervisor Kearney. [Unanimous] Approved by the below result.
AYES: Edson, Wright, Oliveira, Ponte, Kearney
Regular Meeting Tuesday, February 9, 2016 8:00 AM
4 | P a g e
18. ADMINISTRATIVE OFFICE Resolution continuing a Local State of Emergency on Tree Mortality
Motion by Vice Chair Wright. Second by Supervisor Kearney. [Unanimous] Adopted by the below result.
AYES: Edson, Wright, Oliveira, Ponte, Kearney
19. Item Pulled from Consent
ADMINISTRATIVE OFFICE Resolution Continuing the Local State of Emergency.
Motion by Vice Chair Wright. Second by Supervisor Kearney. [Unanimous] Adopted by the below result.
AYES: Edson, Wright, Oliveira, Ponte, Kearney
20. ADMINISTRATIVE OFFICE Adopt a Resolution Continuing the Local Health State of Emergency by Environmental Health Director and County Health Officer
Motion by Vice Chair Wright. Second by Supervisor Kearney. [Unanimous] Adopted by the below result.
AYES: Edson, Wright, Oliveira, Ponte, Kearney
21. Item Pulled from Consent
HUMAN RESOURCES Adopt a Resolution approving the Calaveras County revised Drug and Alcohol Testing and Compliance Policy required by federal law pursuant to 49 CFR Parts 382 and 655.
Motion by Supervisor Oliveira. Second by Supervisor Kearney. [Unanimous] Adopted by the below result.
AYES: Edson, Wright, Oliveira, Ponte, Kearney
22. Item Pulled from Consent
BEHAVIORAL HEALTH SERVICES - MENTAL HEALTH PROGRAM Authorize the Board Chair to execute Amendment 269602-01, 269606-01 to an Agreement with LocumTenens.com to adjust rates and increase the maximum amount payable from $160,000 to $355,000 for the two-year period of July 1, 2015 through June 30, 2017.
Motion by Supervisor Kearney. Second by Supervisor Ponte. [Unanimous] Approved by the below result.
AYES: Edson, Wright, Oliveira, Ponte, Kearney
23. Item Pulled from Consent
HEALTH AND HUMAN SERVICES AGENCY Approve changes to Calaveras County's Community Development Block Grant (CDBG) Housing Rehabilitation Guidelines.
Motion by Supervisor Ponte. Second by Supervisor Oliveira. [Unanimous] Approved by the below result.
AYES: Edson, Wright, Oliveira, Ponte, Kearney
24. HUMAN SERVICES Approve Child Welfare Services System Improvement Plan (SIP) for the period of October 29, 2015 through October 29, 2020 and authorize Board Chair to sign related certification.
Motion by Vice Chair Wright. Second by Supervisor Kearney. [Unanimous] Approved by the below result.
AYES: Edson, Wright, Oliveira, Ponte, Kearney
25. CODE COMPLIANCE Uphold Administrative Citation 15-31 regarding Joseph and Audrey Pfeifer, APN 48-050-043, Burson, CA, authorizing a lien on the property for the recovery of assessed administrative costs, administrative fines, and costs of abatement related to code compliance Administrative Citation #15-31
Regular Meeting Tuesday, February 9, 2016 8:00 AM
5 | P a g e
Motion by Vice Chair Wright. Second by Supervisor Kearney. [Unanimous] Approved by the below result.
AYES: Edson, Wright, Oliveira, Ponte, Kearney
26. CODE COMPLIANCE Uphold Administrative Citation #15-30 regarding Allen W. Nordstrom 11730 Main Street, Jenny Lind, CA., authorizing a lien on the property for the recovery of assessed administrative costs, administrative fines, and costs of abatement related to code compliance Administrative Citation #15-30.
Motion by Vice Chair Wright. Second by Supervisor Kearney. [Unanimous] Approved by the below result.
AYES: Edson, Wright, Oliveira, Ponte, Kearney
27. CODE COMPLIANCE Uphold Administrative Citation 15-46 regarding Betty Auten, 2093 Quail Hill Road, Copperopolis, CA, authorizing a lien on the property for administrative costs, administrative fines and costs of abatement related to Code Copmpliance Administrative Citation #15-46
Motion by Vice Chair Wright. Second by Supervisor Kearney. [Unanimous] Approved by the below result.
AYES: Edson, Wright, Oliveira, Ponte, Kearney
28. CODE COMPLIANCE Uphold Administrative Citation #15-15 regarding Michael C. Hoffman, 2122 Camanche Drive, Arnold, CA, authorhorizihg a lien on the property for the recovery of assessed administrative costs, administrative fines, and costs of abatement related to Code Compliance Administrative Citation #15-15.
Motion by Vice Chair Wright. Second by Supervisor Kearney. [Unanimous] Approved by the below result.
AYES: Edson, Wright, Oliveira, Ponte, Kearney
SUPERVISOR ANNOUNCEMENTS
29. Board Member Announcements - In compliance with AB 1234, chaptered as Government code Section 53232.3(d), this is the time for board members to report on meetings attended on behalf of the County and to carry out their duties as a County Supervisor.
Supervisor Wright attended the State Tree Mortality Task Force and will attend another meeting tomorrow on tree mortality, attended the Mental Health Board meeting, and the First 5 committee meeting.
Supervisor Ponte attended a Hwy 4 water meeting last week, will attend the EMS meeting and will attend the Columbia College groundwater seminar on Thursday at Bret Harte 7-8:30 pm..
Supervisor Oliveira attended the Chamber of Commerce meeting, met with groups teaching computer design and skilled trades. Attended the Central Valley Water District on groundwater. Met with Ebbetts Pass Fire.
Supervisor Kearney - attended COG, rotary in Valley Springs, Agency on Aging, and the Common Grounds Awards.
Supervisor Edson - attended Calaveras Recovers, Calaveras has Talent, Delta College Committee, Chamber of Commerce awards meeting, will attend the Central Valley Water District on groundwater.
County Administrative Officer Shirley Ryan reminded Board of the Mid Year report on the 23rd.
Regular Meeting Tuesday, February 9, 2016 8:00 AM
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ATTEST


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