Amador County - The Amador Joint Water Committee met Monday afternoon for its final meeting of 2008, talking about various regional water and wastewater issues. Among those was the issue of the Wild & Scenic Designation, which Supervisor Richard Forster asked Foothill Conservancy Vice President Pete Bell to set a meeting to discuss the issue with his board. They talked about another meeting between the county and the Conservancy to iron out differences but set no date. The Joint Water Committee is made up of members of the Amador Water Agency board of directors and the Amador County Board of Supervisors. Bell said the designation was in limbo until the new Congress gets into place, but he was pleased with Amador Supervisors leaving the option open in its late serial meeting on the county’s new General Plan, rather than rejecting it. AWA General Manager Jim Abercrombie said “we would be willing to support it if there was a comprehensive solution to both additional storage and conservation.” He said the AWA was preparing a presentation for the Foothill Conservancy on their objective, to raise the level of the Lower Bear Reservoir dam to create 20,000 acre feet of additional storage, to which Amador has rights. Abercrombie said they would like to meet after the first of the year and after some water modeling was completed. He said there is “some language in there that is gray,” but Bell disagreed. Abercrombie described it, saying that raising the height of the dam and water level and ensuing changes in hydrology may be seen as having a detrimental impact on a Wild & Scenic designated area. Forster asked that Bell try to meet after the Foothill Conservancy’s next meeting but before the next Joint Water Committee meeting in January. Forster said ”we would like to get the gray areas ironed out so we don’t end up in a lawsuit.” Abercrombie said no one on the old AWA board or the new board “wants to see a brand new dam built, but what about raising the one at Lower Bear,” or Pardee or building a new dam at Duck Creek, in San Joaquin County. The first, raising Lower Bear’s dam by 32 feet, would be needed to have storage for the amount of water to which Amador County has diversion rights. The Joint Water Committee next meets January 19th at the AWA office. Story by Jim Reece (This email address is being protected from spambots. You need JavaScript enabled to view it.).

Amador County - The Amador Regional Planning Committee will find one potential new member, but also learned earlier this month than its at-large member was stepping down. The committee decided to advertise for a new public member after receiving a letter of resignation from Elida Malick of Fiddletown on November 3rd. Committee Chairman Tim Murphy of Sutter Creek City Council said he would handle the advertisement for the public member, noting that it should again emphasize seeking a citizen from the unincorporated areas of Amador County. Malick lives in Fiddletown and runs a veterinary office in Plymouth. She said her family situation has changed and she no longer has the time to devote to the committee. The Plymouth City Council on Thursday directed staff to draft a resolution to possibly appoint one of its members to the Amador County Regional Planning Committee, after Councilwoman Patricia Fordyce sent a letter to the council. Fordyce said she attended the planning committee meeting this month and liked what she saw. She told her council in the letter that she was the one on the council opposed to Plymouth joining the committee. Fordyce said in the letter that she had “come to a completely different conclusion” and “believed that (the city) should join this group at this time,” in part noting the committee’s focus on generating economic development and also its studies of revenue sharing. In the letter, Fordyce said joining the committee would help the Plymouth area assure that it is involved and represented. The committee’s members including Jackson Councilwoman Connie Gonsalves, Supervisor Louis Boitano and Ione Mayor Andrea Bonham. The committee next meets in January. Story by Jim Reece (This email address is being protected from spambots. You need JavaScript enabled to view it.).

Amador County - Amador County supervisors and planning commissioners reworked the county draft General Plan Wednesday, adding an economic development element and also a Mineral Resource Production designation. County Planner Susan Grijalva reminded of public input on optional elements, including agriculture, economic development, water, rural character and design, historic preservation, sustainability and governance. Supervisor Louis Boitano said he liked an economic development element with agriculture falling under it. Planning Commissioner Andy Byrne said he thought “water will be very important in the next 30 years.” Grijalva said having various areas of focus in the economic development element would serve as an index or “package” of guidelines for potential developers. Supervisor Ted Novelli said he thought that “just because we don’t put (water) down as an optional element doesn’t mean anyone on this board thinks it’s not important.” Grijalva said water could have its own element but it would be “popping up in other elements.”

The panel directed staff to add an economic development element with subsections on agriculture and water. The panel also added a Mineral Resource Production designation, which would not be in use yet, but would be there for future use in the Planning Department. The MRP would allow mineral processing on designated properties. The panel left in place two designations, the “Mineral Resource Zone,” for mines; and the “Industrial” designations where minerals now are being processed. Grijalva said the main inhibitor to processing minerals in certain areas was road access issues – rock trucks on small roads, such as Middle Bar, Defender Grade, Hale, Michigan Bar and others. Board Chairman Supervisor Richard Forster said he didn’t want to take away people’s ability to make money mining, where they might have 30 or 40 cows and a mining operation, to at least “have some extra income and stay in business.” Novelli agreed that heavy truck traffic was bad on the small roads and pushed for changing Industrial areas to Agriculture designations. The panel voted to remove the ag designation. The meeting adjourned to Thursday, November 20th, to meet from noon to 4 p.m. Story by Jim Reece (This email address is being protected from spambots. You need JavaScript enabled to view it.).

Amador County - A lawsuit disputing Amador Water Agency authority during the installation of a water pipeline is now public, exposing a longstanding and bitter feud and questioning the Agency’s judgment. In a guest editorial published online by the Amador Ledger Dispatch on November 3rd, Jackson property owner Ken Perano outlined his side of a dispute that stretches back to 2000. Perano is the last landowner to settle with the Amador Water Agency over easement issues related to the installation of the Amador Transmission Pipeline. The meat of the conflict is a dispute over property boundaries and a fence line that may or may not run along Perano’s true property line. The AWA’s surveyor established different boundary lines than two surveyors hired privately by Perano. Points of contention in establishing the property line are based on everything from original surveyor maps dating back to the late 1800’s to burnt charcoal buried in the earth, which may indicate the existence of an oak tree used in the original calculation. Perano claims his property line is in a different location, overlapping the area where the Water Agency initiated eminent domain. Perano claims the AWA trespassed on his property in order to build the pipeline, destroying “a gorgeous old heritage oak tree in the process.”

But Perano’s most damning condemnation is that the AWA stubbornly spent thousands to avoid a resolution. Perano’s editorial, which he released only a day before the Water Agency Board elections, was written to raise awareness of what he calls, “a waste of ratepayer money and an abuse of power.” “When a government agency can confiscate private property without due process we have a serious conflict that I have the obligation to fight,” said Perano. The AWA refused to accept a settlement of 12,300 dollars in 2006. “This was against the advice of (Amador Superior Court) Judge Susan Harlan,” Perano said. This led to a series of actions, including land surveys and water agency legal tactics, that ended up costing over $500,000 between January 2006 and October 2007-an average of about $23,000 per month, Perano said.

But AWA General Manager Jim Abercrombie, who has represented and advised the board throughout the dispute, says Perano unfortunately “didn’t tell the truth.” Abercrombie said the 500,000 is actually the total expenditure for all six or seven properties involved in eminent domain proceedings for the pipeline. Abercrombie says Perano complicated matters by filtering everything through his lawyers and spending $75,000 on two separate surveyors who found two separate findings. We had to get a court order just to get on his property to survey, said Abercrombie. “What (Perano) also wanted (and didn’t disclose) was that he demanded free water in perpetuity- we didn’t think our ratepayers would appreciate that,” said Abercrombie. The final court date in the lawsuit is scheduled for early next year. “I believe we have to stand up for our liberties. It goes beyond dollars and cents,” said Perano. Abercrombie said “the real regret here is that two reasonable folks should have been able to resolve this a long time ago.” Story by Alex Lane (This email address is being protected from spambots. You need JavaScript enabled to view it.).

Amador County - A two car accident on Martin Lane in Ione sent two people to the hospital on Tuesday night. Little information about the accident is available, but it was confirmed by law enforcement as a head-on collision between a red sedan and a grey pickup truck, which may have been turning onto Martin lane from Highway 88. One driver was seriously injured and transported by helicopter to the hospital. The California Highway Patrol is still investigating the incident. Contact them for more information. Story by Alex Lane (This email address is being protected from spambots. You need JavaScript enabled to view it.).

Amador County - A certified forester told the Sutter Creek Planning Commission last Wednesday that the dying oak trees at the Highway 49 Bypass are an avoidable problem. Ralph Osterling of Osterling And Associates, a consultant for Gold Rush Golf & Ranch Resort, said that similar climates produced big trees in short time frames, with the right, intensive care at the outset. Osterling showed an 11-year-old valley oak that was 25 feet tall. He said the tree was raised from an acorn at the site, with TLC, that is, a good initial care package. Osterling was talking for Gold Rush in the developer’s efforts to get its Environmental Impact Report analyzed by the planning commission through the city of Sutter Creek’s General Plan. Osterling said that intense care included wrapping the area around the trees with a mesh to keep out voles, or field mice, that otherwise will eat the bark of the seedlings, which kills the seedling oak trees. He said grasses beat the tree roots to the ground’s moisture and thus must also be kept clear of the area around the seedlings. He said he was asked to look at the mitigation oak plantings made around the Highway 49 Bypass by Caltrans, but he had not. He said planting oak trees can be problematic, if it is not done correctly, the trees can fail. They are watered for three years and cared for a total of 5 years. Osterling said “with maintenance and proper techniques, it will work. We’ll get this kind of growth because they are not allowing these problems to occur.” At the request of Commissioner Mike Kirkley, Osterling showed an 8-year-old blue ok that was 25 feet tall, which he grew in the San Fernando Valley, where there is the same elevation and weather patterns. Commissioner Cort Strandberg asked why trees would be planted and not maintained. Osterling said some plantings of oak required in mitigation then say nothing of care and maintenance, so the trees are not cared for a die off. Developers suggested a 20-acre tree habitat, along with saving about 10 percent of the trees in the project, would mitigate for the loss of about 14,000 trees in the project. That included trees that are 5 inches in diameter at a height of 54 inches. The planning Commission meets as needed on Mondays in Sutter Creek. Story by Jim Reece (This email address is being protected from spambots. You need JavaScript enabled to view it.).

Amador County - Sheldon D. Johnson, Amador County Registrar of Voters, announced this week that the canvass for the November 4, 2008 General Election is currently underway and there are approximately 1,142 vote by mail ballots and 261 provisional ballots left to process during the canvass. Johnson also announced that the mandatory 1% manual tally started at 9:00 a.m. on Wednesday, November 12, 2008 in Conference Room E located on the 2nd floor of the Administration Center at 810 Court Street, Jackson, CA. The official canvass must be completed no later than December 2, 2008 and the entire process is open to the public. Staff Report (This email address is being protected from spambots. You need JavaScript enabled to view it.).

Amador County - A couple of local races have been deemed too close to call and will not be made official for weeks, according to Elections office officials. The latest unofficial final results, not including vote-by-mail ballots, were published at 9:48 pm on Tuesday evening. Results including the vote-by-mail percentages are expected later today. A number of steps must be taken in the process to make the votes official, including final approval from the Board of Supervisors. Although totals are not yet official, current estimations are considered extremely accurate with very little margin for error said Sheldon Johnson, Registrar of voters. The closest race is between the six candidates for Plymouth City Council. Only three seats are open. Mayor Jon Colburn leads with 22.24 percent, followed by Patricia Shackleton with 19.83 percent. Maria Nunez, with 16.77 percent and incumbent Greg Baldwin, with 16.59 percent are in a dead heat for third place - a difference of only two votes. Jackson’s race is equally competitive. Six candidates are competing for three seats. The difference between third place candidates Alfred Nunes and Marilyn Lewis is less than one percent, or roughly 7 votes. Wayne Garibaldi and Keith Sweet are shown as the two top vote getters there. Another to-close-to-call race is between four candidates competing for three seats in the Amador Unified School District race. The difference between the top three vote-getters is only two percent of the vote. Incumbent Mary Walser presently leads with 27.21 percent, followed closely by Wally Upper with 26.75 percent and Janelle Redkey with 26.38 percent. Paul Karnaze came in fourth with 19.15 percent. Story by Alex Lane (This email address is being protected from spambots. You need JavaScript enabled to view it.).

Amador County - A fire that threatened to engulf a house in flames was quickly extiguished thanks to the quick response of firefighters Tuesday evening. The fire began at the rear of a home on Debbie Lane in Pine Grove. The fire could have threatened several surrounding structures, but was brought under control by fire crews within fifteen minutes of the blaze’s inception, at 6:45 Tuesday evening. When Fire Battalion 10 first arrived on scene, the rear of an adjacent building to the home was heavily involved in fire. Negotiating a narrow driveway on a steep hill, fire fighters were able to set up hose lines and quickly knock back the flames before they spread any further to the building and the adjacent home. Fire personnel are still investigating the cause of the blaze. Bill Lavallie contributed.

Amador County - The Ione Planning Commission on Monday approved an amendment to an agreement on the Wildflower Subdivision, which will allow the creation of a final map and also could allow the sale of three units in the development. Doug Goldsmith of Ryland Homes told the commission that Ryland was moving toward sale of the three units and that the amendment to the agreement would be good for both the city and his company. The amendment allows for a 15 percent payment of Facility Impact Fees on Units 1 and 1 in the Wildflower development to be paid when the final map is recorded, while the remaining 85 percent are due at the issuance of the first building permit, or 9 months after the recording date. For Units 3, 4 and 5, Ryland would pay 15 percent of Facility Impact Fees in the amount of 435,794 dollars would be due to the city either on February 27, 2009, or within 7 days of close of escrow if the developer sells Units 3, 4 and 5. Commissioner Mike McDermed asked about an added section that required city approval of any purchaser, to keep intact the agreement between the city and any new developer. Kerr said the city’s attorney required the language. The commission voted 5-0 to approve the amendment and a resolution saying that the amendment is exempt from the California Environmental Quality Act. The amendment changes the original agreement with Ryland Homes, signed in 2007. The agreement provides for the development of 201 single-family homes on 63 acres, next to Howard Park, between Highway 104 and Brickyard Road, in the east part of Ione. The revision changed the notification period from 60 days to 30 days for Ryland Homes to notify the city of any intent to sell the lots in each of Units 3, 4 and 5. Kerr said that the amendment was needed to get the final map and allow any sale of the units. Story by Jim Reece (This email address is being protected from spambots. You need JavaScript enabled to view it.).