COUNTY OF PLACER

BOARD OF SUPERVISORS

TUESDAY, JANUARY 18, 2005

SUMMARY ACTION

9:00 a.m.

 

Bill Santucci, District 1, Vice Chairman                                                                                             Jan Christofferson, County Executive

Robert Weygandt, District 2, Chairman                                                                                  Robert Bendorf, Assistant County Executive

Jim Holmes, District 3                                                                                                                           Anthony J. La Bouff, County Counsel

Edward “Ted” M. Gaines, District 4                                                                                                           John Marin, Administrative Officer

Bruce Kranz, District 5                                                                                                                                    Ann Holman, Clerk of the Board

 

County Administrative Center, 175 Fulweiler Avenue, Auburn, CA  95603

 

9:00 a.m.

 

FLAG SALUTE - Led by Supervisor Santucci.

STATEMENT OF MEETING PROCEDURES - Read by Clerk.

 

PUBLIC COMMENT – Stewart Feldman suggested the County request Chevreaux aggregate truck operators, coming out of Meadow Vista for the Highway 80 restoration project, start at 8:30 or 9:00 p.m., when children are not active in the area.

 

SUPERVISOR’S COMMITTEE REPORTS:  None given.

 

CONSENT AGENDA – Item 6a and 11 removed for discussion.  Consent Agenda approved as amended with action as indicated.  MOTION Santucci/Holmes/Unanimous

 

 1.   ORDINANCES – Second reading:

a.    Personnel/Civil Service Commission – Ordinance 5344-B adopted amending Chapter 3, Section 3.12.010, Allocation of Positions relating to Health and Human Services and Sheriff.

 

 2.   WARRANT REGISTERS – Weeks ending December 10, 17, 24 and 31, 2004.

 

 3.   BOARD OF SUPERVISORS:

a.    Approved contract with Joann Bates to provide secretarial services to the Foresthill Forum Advisory Council, Meadow Vista Municipal Advisory Council, North Aubrn Muncipal Advisory Council and the Weimar/Applegate/Colfax Municipal Advisory Council.

 

b.    Approved contract with Lois Clausen to provide secretarial services to the Rural Lincoln Municipal Advisory Council and the Sheridan Municipal Advisory Council.

 

c.    Approved minutes of November 2, 23, and December 7, 14, 29, 2004.

 

 4.   CLAIMS AGAINST THE COUNTY – Rejected the following claims as recommended by County Counsel:

a.    04-130, Barnett, Virginia, $25,000+, (Wrongful Death).

b.    04-134, Christoff, Robert, $200,000+, (Bodily Injury).

c.    04-140, Saldivar, Brandon, $1,380, (Reimbursement of Fees).

 

 5.   COMMITTEES & COMMISSIONS:

a.    County Parks Commission – Approved appointment of Rich Murray to Seat #7, (District #5) as requested by Supervisor Kranz.

 

b.    Greater Auburn Area Fire Safe Council - Approved appointment of Glenda J. Freeman to Seat #3, (District #3) as requested by Supervisor Holmes.

 

c.    Horseshoe Bar Area Municipal Advisory Council – Approved appointment of Dennis Gage to Seat #5, as requested by Supervisor Holmes.

 

d.    In-Home Supportive Services Advisory Committee – Approved reappointment of Deborah Dahl to Seat #1, (Service Recipient/Parent/Guardian).

 

e.    Library Advisory Board - Approved appointment of Casey Klein to Seat #5 (District #5), as requested by Supervisor Kranz.

 

f.     Planning Commission – Approved reappointment of James Forman to Seat #3 (District #3), as requested by Supervisor Holmes.

 

g.    Rural Lincoln Municipal Advisory Council – Approved appointment of Deirdre E. Lefty to Seat #4, as requested by Supervisor Weygandt.

 

 6.   COUNTY COUNSEL:

a.    ITEM MOVED FOR DISCUSSION - Resolutions (13) amending the authorizing resolution for each Municipal Advisory Council (hereinafter “MAC”) in the County of Placer to change the term of member appointments from two years to four years for MACs within supervisorial districts one, three, four, and five, reflect consistent language and format for each authorizing resolution, immediately vacate currently seated MAC members in district five, and fix the member terms for all MACs, except those in district two, to commence with supervisorial terms.

 

b.    Approved appointment of Anthony La Bouff, County Counsel, or a designated representative of his office, and Timothy B. Balcom, Placer County Bar Association President, to the Law Library Board of Trustees.

 

7.    COUNTY EXECUTIVE:

a.    Approved a merit increase for Kristina Shramek, Deputy County Counsel II, from Step 2 to Step 3, retroactive to December 25, 2004.

 

b.    Approved a merit increase for Kristen Spears, Assistant Assessor, from Step 1 to Step 2, effective January 22, 2005.

 

c.    County Service Area #28, Zone of Benefit #165 (Dry Creek Fire) - Resolution 2005-09 adopted removing 3,162 acres of territory from County Service Area #28, Zone of Benefit #165, due to annexation of the area by the City of Roseville.  As a result of the annexation, this territory is now within the service responsibility of the City of Roseville.

 

 8.   COUNTY EXECUTIVE/ECONOMIC DEVELOPMENTResolution 2005-10 adopted supporting renewal of the County of Placer's Recycling Market Development Zone (RMDZ) Program; adopted the Negative Declaration for the project to renew the Program, approved the submittal of an RMDZ renewal application to include the cities of Roseville, Rocklin, Lincoln, Auburn, Colfax and the Town of Loomis and agreed to administer the RMDZ Program.

 

 9.   COUNTY EXECUTIVE/LOCAL AGENCY FORMATION COMMISSION (LAFCO) – Ordinance introduced, first reading waived, amending Chapter 3, Section 3.08.070 and 3.12.030, relating to title and specification changes to the Local Agency Formation Commission Executive Officer/General Counsel position in the unclassified service and modified the salary to be commensurate with the newly adopted duties.

 

10.  HEALTH & HUMAN SERVICES/ADULT SYSTEM OF CARE - Approved acceptance of the Sutter Hospital 2005 Community Benefit Grant Program award, in the amount of $32,000, to receive funds for the Senior Peer Counseling Program and authorized the Director of Health & Human Services to sign the grant agreement.

 

11.  ITEM MOVED FOR DISCUSSION/PLANNING - Authorize the Chairman to sign letter to the U.S. Fish and Wildlife Service regarding proposed designation of "Critical Habitat" for certain species that inhabit vernal pools in Western Placer County.

 

12.  PROCUREMENT SERVICES - Authorized the Purchasing Manager to sign the following:

a.    Bid #9300, Floor Covering & Services/Facility Services – Renewed bid with Contract Furnishings, in the maximum amount of $90,000.

 

b.    Purchase Order #11842, Compressed Natural Gas/Public Works – Approved Change Order #1 to blanket purchase order with Pacific Gas & Electric, in the maximum amount of $44,000.

 

c.    Purchase Order #11918, Auto Painting & Repairs/Public Works – Approved Change Order #1 to blanket purchase order with Maaco Auto Painting & Body Work, in the maximum amount of $30,000.

 

d.    Purchase Order, Aviation Fuel/Sheriff – Awarded blanket purchase order to Multiservice of Overland Park, in the maximum amount of $55,000.

 

13.  PUBLIC WORKS/AUBURN RAVINE ROAD RIGHT-TURN LANE PROJECT, CONTRACT #73190Resolution 2005-11 adopted authorizing the Director of Public Works to execute the Notice of Completion for the project.

 

14.  PUBLICWORKS/BICKFORD RANCH SUBDIVISION PROJECT:

a.    Construction Management, Inspection & Testing Services, Contract #73186Resolution 2005-12 adopted authorizing the Director of Public Works to sign and execute Contract Amendment #1 with Bickford Holdings, LLC, to execute annual contract renewals and to execute documents and take other actions to implement the contract.

 

b.    Construction Management, Inspection & Testing Services, Contract #020455Resolution 2005-13 adopted authorizing the Director of Public Works to sign and execute Contract Amendment #1 with Parson Brinckerhoff, Inc., to execute annual contract renewals and to execute documents and take other actions to implement the contract.

 

*** End of Consent Agenda***

 

The following items were moved from the consent Agenda for discussion:

 

 6.   COUNTY COUNSEL:

a.    Resolutions (13) amending the authorizing resolution for each Municipal Advisory Council (hereinafter “MAC”) in the County of Placer to change the term of member appointments from two years to four years for MACs within supervisorial districts one, three, four, and five, reflect consistent language and format for each authorizing resolution, immediately vacate currently seated MAC members in district five, and fix the member terms for all MACs, except those in district two, to commence with supervisorial terms.

MOTION Kranz/Santucci/Unanimous, to direct staff to re-write the resolutions, changing to two-year calendar terms, to commence with supervisorial terms over time, with District 2 remaining unchanged, immediately vacating the Foresthill Forum, Meadow Vista, Weimar-Applegate-Colfax, Squaw Valley, and North Tahoe Municipal Advisory Councils and present the resolutions to the Board at a future meeting.

 

11.  PLANNING - Authorized the Chairman to sign letter to the U.S. Fish and Wildlife Service regarding proposed designation of "Critical Habitat" for certain species that inhabit vernal pools in Western Placer County.  MOTION Gaines/Santucci/Unanimous

 

DEPARTMENT ITEMS TO BE DISCUSSED BEFORE NOON, AS TIME ALLOWS

 

DEPARTMENT ITEMS:

15.  COUNTY CLERK/ELECTIONS – Approved budget revision authorizing payoff of the existing finance agreement for the Elections Optical Scan Voting System, as required for receipt of additional Proposition 41 Voting Modernization Funds from the State, authorized the Purchasing Manager to execute financial documents, and approved reserving the net funds received from the State for future required touch screen voting equipment purchases.  MOTION Holmes/Santucci/Unanimous

 

16.  COUNTY EXECUTIVE:

a.    Public Fireworks Displays - Received a formal update on proposed fireworks ordinance revisions and a report on the results of a public meeting held on January 10, 2005, in North Lake Tahoe.

 

b.    Sierra Nevada Conservancy – Approved appointment of Supervisor Weygandt to confer with appointed members from the other counties (El Dorado, Nevada and Yuba), within the central sierra sub region, to jointly select a County Supervisor from the sub region to serve on the Sierra Nevada Conservancy Board.  MOTION Kranz/Holmes/Unanimous

 

17.  COUNTY EXECUTIVE/EMERGENCY SERVICES:

a.    North Tahoe Fire Protection District - Resolution 2005-14 adopted approving the North Tahoe Fire Protection District 2004 Capital Facilities and Mitigation Fee Expenditure Plan with a 1.0% Consumer Price Index-Urban Consumer fee increase.  MOTION Holmes/Gaines/Unanimous

 

b.    Placer Consolidated Fire Protection District - Resolution 2005-15 adopted approving the Placer Consolidated Fire Protection District FY 2004/05 Capital Improvement Plan with a 2.1% Consumer Price Index-Urban Consumer fee increase.  MOTION Holmes/Gaines/Unanimous

 

18.  COUNTY COUNSEL/CLOSED SESSION REPORT:

(A) §54956.9 - CONFERENCE WITH LEGAL COUNSEL

(1)   Existing Litigation:

(a)   Western Placer Citizens for an Agricultural and Rural Environment (WPCARE), a California non-profit corporation, County of Placer and County of Placer Board of Supervisors; vs. Teichert, Inc., and Does 1-20, Placer County Superior Court Case No.: SCV-15349.  The Board authorized County Counsel to retain the services of Morrison and Foerster, particularly Michael Zischke, to assist and authorized a contract up to $7,500.

(b)   Pacific Gas and Electric Company vs. State Board of Equalization, et al, Fresno County Superior Court Case No.  05-CE-CG-00003-MWS.  The Board was apprised that Pacific Gas and Electric has filed an action seeking a tax refund and authorized the County's participation with other counties involved in the litigation in a joint defense.

(c)   Sierra Club, et al. vs. Placer County, et al., Placer County Superior Court Case No.: SCV12789, Bickford Ranch Heritage Coalition, et al., vs. County of Placer, et al., Placer County Superior Court Case No.: SCV12793, (CONSOLIDATED), Third Appellate District Case No.: C047630.  The Board received a status report.

(d)   Sierra Club, et al. vs. Placer County, et al., Placer County Superior Court Case No.: SCV16428, Court of Appeal, Third Appellate District Case No.: C047440.  The Board received a status report.

(e)   Sierra Club, et al. vs. Placer County, et al., Placer County Superior Court Case No.: SCV14130.  The Board received a status report.

 

TIMED ITEMS TO BE DISCUSSED AT THE TIME SHOWN:

 

9:05 a.m.

 

19.  PRESENTATION – Presentation of a resolution by Christine Rydell on behalf of Senator Aanestad to Supervisor Kranz congratulating him on his outstanding service as a Senate employee on his staff.

 

9:30 a.m.

 

20.  FACILITY SERVICES/EASTERN REGIONAL MATERIALS RECOVERY FACILITY:

a.    Closed public hearing and approved new solid waste tipping fees for disposal of television sets and computer monitors at the facility. 

MOTION Holmes/Gaines/Unanimous 4:0 (Santucci temporarily absent)

 

b.    Approved a contract amendment with Tahoe Truckee Disposal Co., Inc., incorporating the addition of recommended tipping fees.

MOTION Holmes/Gaines/Unanimous 4:0 (Santucci temporarily absent)

 

c.    Made a finding pursuant to Section 21080(b)(8) of the Public Resource Code that the new fees are derived directly from the cost of providing service and are necessary to meet operating expenses and are exempt from environmental review.

MOTION Holmes/Gaines/Unanimous 4:0 (Santucci temporarily absent)

 

10:30 a.m.

 

Workshop

Placer County Administrative Center

County Executive Office, Conference Room 1

Auburn, CA

 

21.  PERSONNEL/WORKFORCE PLANNING - Received information and findings from staff related to the Workforce Analysis and Planning project and directed staff to bring back, within the next two months, specific policy recommendations concerning recruitment, retention, training, and other related employment issues.

 

12:00 NOON

 

22.  LUNCH – At the Placer County Administrative Center, Conference Room A, 175 Fulweiler Avenue, Auburn - Agenda Scheduling and the Year 2005 Committee Assignments.

 

1:30 p.m.

 

23.  PLANNING/APPEAL/MAJOR SUBDIVISION/CONDITIONAL USE PERMIT/SILLER RANCH  (SUB-424/CUP-3008) AND ENVIRONMENTAL IMPACT REPORT (EIR)/STATE CLEARINGHOUSE (SCH) #2003022122 - Continued public hearing to discuss the information and take final action to certify the EIR, adopt the statement of overriding considerations and proposed findings, approve the use permit and approve the tentative subdivision map, subject to any changes in findings or conditions deemed appropriate after the Board's deliberations.  (Continued from 12-7-04)

 

The property (APN #080-160-005, 006, 011, 012; 110-030-002, 003) is located in Martis Valley, south of the Lahontan Subdivision, at the southern end of Schaffer Mill Road, and is currently zoned RS-BX 20-acre min.-PD 0.72, O, OP (Residential Single-Family, Combining Building Site of 20-acre min., Combined Planned Development of 0.72 dwelling units per acre, and Open Space and Office and Professional).  The Board of Supervisors will also consider certification of the EIR for the project (SCH #2003022122).

 

The original hearing held on October 18, 2004 was held in order to consider the appeals from the Town of Truckee and from the law office of Shute, Mihaly, and Weinberger, on behalf of Sierra Watch, the Sierra Club, the Mountain Area Preservation Foundation, the League to Save Lake Tahoe, and the Planning and Conservation League. The appellants appealed the Planning Commissions’ certification of the environmental impact report (EIR) and approval of the Siller Ranch project proposed by Ron Parr/DMB Highlands Group.  The Siller Ranch project consists of 726 residential units, an 18-hole golf course and clubhouse, a par-3, 9-hole golf course, an amphitheatre and other recreational amenities, public and private trails and open space.  The October 18, 2004 hearing was continued to December 7, 2004, to permit further discussion regarding trails and affordable housing requirements.  On December 7, 2004, the Board held a public hearing and took testimony related to the trails and affordable/employee housing issues.  The Board directed staff to collaborate with the Town of Truckee on the employee housing issue and return to the Board regarding the affordable/employee housing issue only.  The December 7, 2004 hearing was continued to February 22, 2005 at 1:30 p.m., to further consider the affordable/employee housing requirements, and is now scheduled for January 18, 2005 at 1:30 p.m.

 

Public comment will be limited to the Project’s affordable/employee housing requirements.

 

MOTION: Santucci/Gaines/Unanimous 3:0 (Kranz and Holmes abstained), to accept the minor changes made to the CEQA findings, add the letter from Pacific Municipal Consultants (PMC) regarding their analysis of the changed affordable housing requirement, concluding there are no new environmental issues raised by that change, deny the appeals of the Planning Commission’s approval of the Siller Ranch project, certify the Siller Ranch project EIR, adopt the CEQA findings of fact including the findings table, adopt the proposed project findings, and adopt resolution 2005-16 which approves the Siller Ranch project including the vesting tentative map, the conditional use permit and adopted and imposed the recommended conditions of approval including the most recent version of Condition #150, as discussed today.

2:00 p.m.

 

24.  PLANNING/CONDITIONAL USE PERMIT/"NORTHSTAR-AT-TAHOE, MOUNTAIN IMPROVEMENT PROJECTS"/PCPBT20040590) ENVIRONMENTAL IMPACT REPORT (EIR) - Public hearing to consider an appeal of the Planning Commission's approval of a Conditional Use Permit entitlement package for the mountain improvements included in the certified Mountain Improvement Project EIR.  After an appeal to the Board of Supervisors, the Mountain Improvements Project (MIP) Final Environmental Impact Report (EIR) was certified in July 2004.  The Echo Lift Replacement Project, a component of the MIP, was issued a Conditional Use Permit in July 2004 and an Improvement Plan approval in August 2004, and is currently being constructed.  The remaining components of MIP are the subject of this appeal and include new ski lifts, replacements lifts and associated ski trails.  All activities will occur on portions of the resort that are already developed for ski activity.  The appeal has been filed by the Mountain Area Preservation Foundation.  The APNs 080-260-008, 080-260-013, 110-030-062, 110-030-066, 110-050-017, 110-050-023, 110-050-024, 110-050-036, 110-050-041, 110-050-042, 110-050-043, 110-050-038, 110-050-040, 110-080-051, 110-080-052, and 110-080-059 are located at the Northstar-at-Tahoe ski resort properties.

MOTION: Kranz/Holmes/Unanimous, to modify the dates in Condition 47 to reflect the action taken today, deny the appellants’ request for a continuance, deny the appeals of the Planning Commission’s approval of the Northstar Mountain Area Improvements project, find that the previously certified Northstar Mountain Area Improvements project EIR is adequate and appropriate for approval of the conditional use permit and no substantial changes in the project or circumstances have occurred which would require preparation of a subsequent or supplemental EIR, adopt the proposed CEQA findings, adopt the project findings and adopt, impose and incorporate the proposed conditions of approval.

 

2:30 p.m.

 

25PLANNING/MAJOR SUBDIVISION/CONDITIONAL USE PERMIT/"HIGHLANDS VILLAGE" (PSUB20040612) MITIGATED NEGATIVE DECLARATION (EIAQ-3785) - Public hearing to consider two appeals related to the Planning Commission's approval of a Major Subdivision/Conditional Use Permit to allow for a Planned Development (PD) of a +/- 13 acre property in the Dollar Hill area consisting of a mix of 50 market rate single-family housing units, 78 affordable senior apartments and +/- 4,800 sq. ft. of commercial development.  One appeal was filed by the project applicant who seeks approval for a gated entry feature.  The other was filed by the Highlands Homeowners' Association and challenges the environmental review of the project. The property (APN  #093-160-072, -076, -077, -078, -065) is zoned PAS009B, consists of 13 acres +/- and is located at 3205 North Lake Boulevard, Tahoe City.

MOTION: Kranz/Santucci/Unanimous, to overturn the decision of the Planning Commission on the gated entry, allowing the gated entry, and upholding Mr. Nahas’ appeal on that issue alone.

 

MOTION: Kranz/Santucci/Unanimous, to deny the appeal of the Highlands Homeowners Association and uphold the decision of the Planning Commission with the substantive changes in the conditions that have been discussed; (the addition of a new Condition #67 and renumbering of Conditions thereafter; changing of Condition #1, and replacing the date in Condition #70 to January 18, 2008), adopt the findings on Pages 822 and 823 of the agenda, adopt the CEQA findings on pages 863 and 864 of the agenda, and certify the negative declaration, and adopt the Conditions as approved by the Planning Commission except for the modifications.

 

ITEMS FOR INFORMATION:

26.  AUDITOR-CONTROLLER:

a.    Report of Refunds – Report of refunds of $1,000 or less issued by the Auditor-Controller from January 1, 2004 to December 31, 2004, for a total of $78,528.22.

 

b.    Statement of Condition of Cash in the Treasury for month ending December 30, 2004.

 

ADJOURNMENT – The regularly scheduled meeting is Tuesday, February 8, 2005.

 

BOARD OF SUPERVISORS’ 2005 MEETING SCHEDULE:

February 08, 2005

February 22, 2005

March 08, 2005

March 29, 2005