COUNTY OF PLACER

BOARD OF SUPERVISORS

TUESDAY, SEPTEMBER 22, 2009

SUMMARY ACTION

9:00 a.m.

F.C. “Rocky” Rockholm, District 1, Chairman                                                                                           Thomas Miller, County Executive

Robert Weygandt, District 2                                                                                                                   Anthony J. La Bouff, County Counsel

Jim Holmes, District 3                                                                                                         Rich Colwell, Chief Assistant County Executive

Kirk Uhler, District 4, Vice Chairman                                                                                               Mike Boyle, Assistant County Executive

Jennifer Montgomery, District 5                                                                                                  Holly Heinzen, Assistant County Executive

                                                                                                                                                                             Ann Holman, Clerk of the Board

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

 

9:00 a.m.

 

PUBLIC COMMENT: 1) John Brun, Auburn resident, advised that Lake Clementine is proposed to be closed to all user groups.  Mr. Brun said the proposal by the Federal and State government will deny the use of public lands and impact our local economy and businesses.  Mr. Brun said support has been received from the City of Auburn, Senator Dave Cox, Senator Sam Aanastad, Congressman Tom McClintock, and Assemblyman Ted Gaines.  He requested the Board support keeping Lake Clementine open to all users that have enjoyed it for the past 70 years and asked the Board to write a letter to the Bureau of Reclamation, Army Corp of Engineers, California State Parks, local congressmen, senators and assemblymen.  Supervisor Montgomery advised she and Supervisor Holmes have discussed coauthoring a letter in support of keeping Lake Clementine open and she will also be speaking with Mike Holmes, Mayor of Auburn.  2) Stewart Feldmen, Meadow Vista resident, expressed concern that should Lake Clementine close it will not be closed to all users; it will be open to squatters and illicit activities.  Mr. Feldmen said closure of public access is not only a threat to the County but to the City of Auburn in terms of fire potential and other issues.  3) Christine Rydell, field representative for Senator Sam Aanastad, advised there was a meeting to discuss the closure of Lake Clementine with the Bureau of Reclamation, Army Corp of Engineers, State Parks, and representatives from Senators Aanastad, Senator Cox and Assemblyman Gaines offices.  Ms. Rydell said this is a federal issue that has to do with funding and the need from the federal government for approximately $200,000.  Ms. Rydell met separately with Congressman McClintock’s office and his office is acting as the lead at this point.  Ms. Rydell said she has made contact with Cal Fire and Placer County Sheriff Ed Bonner requesting letters be sent supporting keeping Lake Clementine open.  Ms. Rydell said Congressman McClintock is very concerned about the public safety component as well as other issues and provided a handout to the Board.  4) Angela Tahti, Placer Arts, invited all to the Calfornia Arts Day Benefit Dinner and Show, Friday, October 2, 2009 at the Blue Goose Fruit Shed, Loomis.  5) Eugene Murphy, Roseville resident, spoke of a continuing issue with his father and has not been able to get any help from Adult Protective Services.

 

SUPERVISOR’S COMMITTEE REPORTS – None.

 

TIMED ITEMS TO BE DISCUSSED AT THE TIME SHOWN

 

 9:05 a.m.

 1.   BOARD OF SUPERVISORS – Presentation of a commendation recognizing multiple agencies for their outstanding efforts in providing animal assistance during the “49 Fire”.

 

9:07 a.m.

 2.   BOARD OF SUPERVISORS – Presentation of a Proclamation declaring October as “National Arts & Humanities Month”, and Friday, October 2, 2009, as “California Arts Day” throughout Placer County.

 

 9:15 a.m.

 3.   DISTRICT ATTORNEY – Presentation of the Citizen Recognition Awards for 2008.  A reception followed in Conference Room A.

 

10:00 a.m.

 4.   COUNTY EXECUTIVE/EMERGENCY SERVICES/HEALTH & HUMAN SERVICES:

a.    Received an update on the impacts and recovery activities resulting from the “49 Fire” which occurred on August 30, 2009, in North Auburn

 

b.    Resolution 2009-262 adopted waiving specified county-related fees to aid victims of the Placer County 49 Fire that occurred on August 30, 2009.

       MOTION Montgomery/Holmes/Unanimous  VOTE 4:0 (Weygandt absent)

 

10:20 a.m.

 5.   COUNTY EXECUTIVE/COMMUNITY GRANTS & LOANS – Adopt a resolution authorizing the Chief Assistant CEO or designee to submit a 2009-10 Community Development Block Grant  Over-the-Counter application in the amount of up to $2,500,000 for Hilltop Center public improvements in Bowman and authorize the Chief Assistant CEO or designee to execute all associated documents.

       MOTION Montgomery/Holmes/Unanimous  VOTE 4:0 (Weygandt absent) to continue the item to October 6, 2009 at 10:20 a.m., as requested by staff

 

10:30 a.m.

 6.   COUNTY EXECUTIVE/EMERGENCY SERVICES:

a.    2009 Placer County Fire Capital Improvement Plan - Public hearing to consider adoption of a Resolution approving the 2009 Placer County Fire Capital Improvement Plan, a new plan that increases mitigation fees from $0.55 to $0.65 per square foot for residential property and from $0.41 to $0.48 per square foot for commercial/industrial property.

       MOTION Holmes/Montgomery/Unanimous VOTE 4:0 (Weygandt absent ) to remove from the agenda as requested by staff.

 

b.    Fees/Placer County Fire Area - Public hearing to consider authorizing collection of land development fees for fire protection planning in the Placer County Fire area, approve a resolution adopting the fee schedule, and adopt an ordinance incorporating this change in Chapter 15.04.050 of Placer County Code.

       MOTION Holmes/Montgomery/Unanimous VOTE 4:0 (Weygandt absent ) to remove from the agenda as requested by staff.

 

DEPARTMENT ITEMS TO BE CONSIDERED FOR ACTION AS TIME ALLOWS

DEPARTMENT ITEMS:

 7.   ADMINISTRATIVE SERVICES/PROCUREMENT – Authorized the Purchasing Manager to sign the following:

a.    Purchase Order/One 3,000 Gallon Water Tender/County Executive Office/Emergency Services/Placer County Fire (Dry Creek) - Approved the award of a Purchase Order, awarded from Houston-Galveston Area Council Competitive Contract, to US Tanker, in the amount of $308,875.14.  MOTION Holmes/Uhler/Unanimous  VOTE 4:0 (Weygandt absent)

 

b.    Lease/Purchase/Two 3,000 Gallon Replacement Water Tenders/County Executive Office/Emergency Services/Placer County Fire (Western Placer) - Authorized the Lease/Purchase of Water Tenders using a competitively bid contract with US Tanker, in the total amount of $676,082.12.  MOTION Holmes/Uhler/Unanimous  VOTE 4:0 (Weygandt absent)

 

8.    COUNTY EXECUTIVE/FY 2009-10 FINAL BUDGET:

MOTION Uhler/Holmes/Unanimous  VOTE 4:0 (Weygandt absent) to approve the 2009-10 Final Budget except for the Child Support Services budget for purposes of the motion and then the Board entertain a separate motion for that department, and Supervisor Uhler would abstain on that vote.

MOTION Holmes/Montgomery VOTE 3:0 (Uhler abstained, Weygandt absent) to approve Child Support Services budget.

       Approved Resolution 2009-263 adopting the FY 2009-10 Placer County Final Budget in the amount of $783,858,514.

1.    Approved final budgets for County proprietary funds for a total of $77,118,252.

2.    Approved the County Master Fixed Asset List for FY 2009-10.

3.    Ordinance introduced, first reading waived, amending the personnel allocations of various departments to reflect position changes approved for the FY 2009-10 Final Budget.

4.    Approved Resolution 2009-264 adopting final budgets of special districts governed by the Board of Supervisors in the amount of $45,463,176.

 

 9.   FACILITY SERVICES:

a.    Lincoln Fire Station 70 Acquisition - The Board took the following actions associated with acquisition of the 5+/- acre parcel referred to as APN 021-200-054-000 including the 1,800+/- square foot residence property located at 2955 Eden Lane, Lincoln (Property) for relocation of Fire Station 70 from the current Lincoln site at Oak Tree Lane:

1.    Resolution 2009-265 adopted delegating authority to the Director of Facility Services, or his designee, upon Risk Management’s and County Counsel’s review and approval, to execute all documents and take all actions necessary to complete the Property acquisition between the County of Placer and C. Mark Stites, in the amount of $540,000, to disburse funds associated with this transaction, and to accept and record the deeds for said Property; and

2.    Approved a Budget Revision appropriating $560,000 from the 22160 County Fire Fund Account to the Lincoln Fire Station 70 Building and Site Improvements, Project No. 4819 for the acquisition and add the item to the Master Fixed Asset List.

MOTION Uhler/Holmes/Unanimous  VOTE 4:0 (Weygandt absent)

 

b.    Lincoln Fire Station 70 Building and Site Improvements, Project #4819 - The Board took the following actions associated with the Lincoln Fire Station 70 Building Improvements, located at Wise Road and Eden Lane in North Lincoln:

1.    Approved the Plans and Specifications and authorized staff to solicit bids for the Lincoln Fire Station 70 Building and Site Improvements, Project No. 4819.

2.    Resolution 2009-266 adopted authorizing the Director of Facility Services to award and execute a contract in an amount not-to-exceed $227,022, upon review and approval by County Counsel and Risk Management, and delegating authority to approve any necessary change orders consistent with the County Purchasing Manual and Section 20142 of the Public Contract Code.

3.    Approved a Budget Revision appropriating $80,000 from the 22160 Fire Fund Account to the Lincoln Fire Station 70 Building and Site Improvements, Project No. 4819. 

MOTION Holmes/Uhler/Unanimous  VOTE 4:0 (Weygandt absent)

 

10.  HEALTH & HUMAN SERVICES/ANIMAL SERVICES - Approved revenue agreements with the City of Auburn, City of Rocklin, and Town of Loomis for the provision of animal control services from July 1, 2009 through June 30, 2012, and authorized the Director of Health and Human Services to execute any subsequent amendments.  The revenue to be generated during the first year of these agreements is included in the Department’s FY 2009-10 Proposed Budget.

       MOTION Holmes/Montgomery/Unanimous  VOTE 4:0 (Weygandt absent)

 

11.  PUBLIC WORKS:

a.    Foresthill Road Bridge at the North Fork of the American River/Initial Study/Mitigated Negative Declaration (SCH #2009072076) – Resolution 2009-267 adopted approving an Initial Study/Mitigated Negative Declaration with the required findings and mitigations for the Foresthill Road Bridge Seismic Retrofit project.

       MOTION Montgomery/Holmes/Unanimous  VOTE 4:0 (Weygandt absent)

 

b.    Foresthill Road Realignment Project – Resolution 2009-268 adopted authorizing the Director of Public Works to award and execute the construction contract for the Foresthill Road Realignment Project to the lowest responsible and responsive bidder up to an amount of $500,000, with County Counsel and Risk Management review and approval, and authorized the Director of Public Works to execute contract change orders up to 10% of the contract amount.

       MOTION Montgomery/Holmes/Unanimous  VOTE 4:0 (Weygandt absent)

 

c.    Home Depot Reimbursement Agreement – Resolution 2009-269 adopted authorizing the Director of Public Works to sign a Traffic Fee Reimbursement Agreement in the amount of $630,390 between Placer County and Home Depot for roadway improvements constructed that are included in the Countywide Capital Improvement Program.

       MOTION Holmes/Uhler/Unanimous  VOTE 4:0 (Weygandt absent)

 

d.    Auburn-Folsom Road Widening, Middle Phase, Contract #1083 – Resolution 2009-270 adopted authorizing the Chairman to sign a contract with Psomas in the amount of $816,904 for the construction management, inspection, and materials testing services for the Auburn-Folsom Road Widening, Middle Phase Project and authorized the Director of Public Works to approve and sign contract amendments for additional Professional Services not to exceed $80,000.

       MOTION Uhler/Montgomery/Unanimous  VOTE 4:0 (Weygandt absent)

 

12.  COUNTY COUNSEL/ADJOURN TO CLOSED REPORT:

(A)   §54956.9 - CONFERENCE WITH LEGAL COUNSEL

1.    Existing Litigation:

(a)   League to Save Lake Tahoe vs. Tahoe Regional Planning Agency, et al., U.S. District Court, Eastern District, Case No.: Civ. 2:08-CV-02447 JAM/KJM – The Board received a status report from Counsel and gave direction.

(b)   Stationary Engineers Local 39 and Placer Public Employees Organization vs. County of Placer County State of California Public Employment Relations Board Case No.: SA-CE-584-M - The Board received a status report from Counsel and gave direction.

(c)   Placer County Sheriff vs. Friends of Auburn/Tahoe Vista Placer County, Animal Shelter, et al., Third District Court of Appeal Case No.: C058472 – The Board was informed of the successful conclusions on behalf of the county.

(d)   Placer County Sheriff vs. Friends of Auburn/Tahoe Vista Placer County, Animal Shelter, et al., Third District Court of Appeal Case No.: C061190 - The Board was informed of the successful conclusions on behalf of the county.

2.    Anticipated Litigation – This item was not discussed.

(a)   Initiation of litigation pursuant to subdivision (c) of Government Code, §54956.9: one potential case.

 

(B)  §54957.6 - CONFERENCE WITH LABOR NEGOTIATORS – The Board received information during labor discussions regarding upcoming PPEO and DSA discussions.

(a)   Agency designated representatives: Tom Miller, Nancy Nittler, Mike Boyle, Gerald O. Carden, Anthony J. La Bouff

       Employee organization: PPEO. DSA.

 

CONSENT AGENDA – Moved 13a, 13b, and 26a for discussion.  Consent Agenda approved as amended with action as indicated.  MOTION Holmes/Montgomery/Unanimous  VOTE 4:0 (Weygandt absent)

 

13.  ORDINANCE – Second Reading:

a.    MOVED FOR DISCUSSION County Executive/Personnel – Ordinance adjusting the compensation and benefits of DSA represented employees.

 

b.    MOVED FOR DISCUSSION County Executive/Personnel – Uncodified Ordinance adjusting the compensation and benefits of Deputy Sheriff’s Association (DSA) represented employees.

 

14.  AUDITOR-CONTROLLER:

a.    Resolution 2009-251 adopted setting the appropriation limit for Placer County Operating Funds for 2009-2010 at $854,223,190.

 

b.    Resolution 2009-252 adopted setting the appropriation limit for Placer County Special Districts governed by the Board of Supervisors for 2009-2010 at $5,848,649.

 

15.  BOARD OF SUPERVISORS:

a.    Approved a contract with Judy Friedman to provide Secretarial services to the North Tahoe Regional Municipal Advisory Council and authorized the County Executive to sign.

 

b.    Approved minutes of August 18 & 19, 2009 and September 2, 2009.

 

16.  CLAIMS AGAINST THE COUNTY – Rejected the following claims, as recommended by the offices of County Counsel and Risk Management:

a.    09-076, White, Jeremy, Unstated, (Bodily Injury).

b.    09-086, Kirkorian, Roy & Gayle, Unstated, (Personal Injury).

 

17.  COMMITTEES & COMMISSIONS:

a.    County Parks Commission – Accepted letter of resignation from Roy Hamlin Seat 1 representing District 1, effective September 8, 2009.

 

b.    Library Advisory Board – Approved the appointment of Heidi Johnson to Seat 5, as requested by Supervisor Montgomery.

 

c.    Municipal Advisory Council (Foresthill Forum) – Accepted letter of resignation from John Laster Seat 3, effective August 31, 2009 and approved the appointment of Duane Frink to Seat 3, as requested by Supervisor Montgomery.

 

d.    Municipal Advisory Council (North Tahoe Regional) – Approved the appointment of Lolly Kupec to Seat 5, as requested by Supervisor Montgomery.

 

e.    Squaw Valley Design Review – Approved the reappointments of Russell Poulsen to Seat 4 and Christine Horvatch to Seat 5, as requested by Supervisor Montgomery.

 

18.  COMMUNITY DEVELOPMENT RESOURCE AGENCY - Authorized the Chairman to sign a letter of support for the Placer County Air Pollution Control District Biomass Waste for Energy Greenhouse Gas Offset Accounting Protocol to the California Board of Forestry.

 

19.  COUNTY EXECUTIVE/EMERGENCY SERVICES - Resolution 2009-253 adopted continuing the 49 Fire Proclamation of Local Emergency made on August 30, 2009 and ratified in a special meeting on September 2, 2009.

 

20.  FACILITY SERVICES:

a.    North Park - Approved a technical accounting Budget Revision transferring appropriations of park dedication fees in the amount of $75,000 from an operating budget to a capital project account 4844 for the installation of rubber surfacing for the tot lot play structure at North Park in Auburn.

 

b.    Sewer Maintenance District 1 - Resolution 2009-254 adopted entering into a reimbursement agreement for sewer improvements with Wayne and Elizabeth Worden, and authorized the Chairman to execute said agreement.

 

c.    Veteran’s Service Office Relocation - The Board took the following actions associated with relocation of the Veteran’s Service Office from 2995 First Street at the Placer County Government Center in Auburn to 1000 Sunset Boulevard, in Rocklin, CA:

1.    Adopted Resolution 2009-255 authorizing the Director of Facility Services, or his designee, to:

a.    Complete negotiations for a Lease Agreement, based on the Material Terms, between the County of Placer and Sunset Commercial Center, Inc., c/o Oates Investments, Inc. (SCC), for Veteran’s Service Office (VSO) occupancy in space located at 1000 Sunset Boulevard in Rocklin, CA; and

b.    Execute the resultant SCC Lease Agreement following approval by County Counsel and Risk Management.

2.    Approved a Budget Revision to appropriate funds in the amount of $35,000 in the Capital Projects Fund, VSO Relocation Project Account 04845 for the estimated relocation costs associated with this action.

 

d.    Community Development Resource Center Phase II Parking Lot, Project #4630E - Resolution 2009-256 adopted accepting the project, located in the Placer County Government Center in North Auburn, as complete and authorized the Director of Facility Services to execute and record the Notice of Completion.

 

21.  HEALTH & HUMAN SERVICES:

a.    Community Health and Clinics - Approved a change order to Blanket Purchase Order #16332 with David H. Roholt, D.D.S., dba Alta Vista Dental Lab, for dental prosthodontic services from January 1, 2009 through December 31, 2009, increasing the maximum amount by $25,000 for a revised maximum amount of $74,500, and authorized the Purchasing Manager to sign the resulting change order.  The revised County General Fund share is $20,860.  The total costs are included in the Department’s FY 2009/10 Final Budget.  No additional County General Funds are required.

 

b.    Environmental Health - Resolution 2009-257 adopted endorsing the application for local primacy agency delegation by the Health and Human Services Department Environmental Health Division previously submitted to the California Department of Public Health, Drinking Water Division.  No County General Funds are associated with this action.

 

c.    Environmental Health - Resolution 2009-258 adopted reaffirming the Proclamation of a Local Health Emergency made by the County Health Officer on September 1, 2009, and reaffirming Resolution 2009-228 approved on September 2, 2009, and Resolution 2009-236 approved on September 8, 2009.

 

d.    Community Health - Approved a five-year contract with the Lighthouse Counseling and Family Resource Center in the amount not to exceed $108,600 for services, space and other support provided to the Women Infants and Children (WIC) program and Community Clinics operations in Lincoln, and authorized the Director of Health and Human Services to sign the contract and subsequent amendments up to 10 percent of the total.  Of this amount, $17,740 is related to FY 2009-10 and these costs are included in the Department’s FY 2009-10 Final Budget. No County General Fund contribution is required.

 

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

a.    Bid/Software and Hardware Support (ACORN & PAS Servers)Administrative Services/Information Technology - Approved the award of a Purchase Order using a negotiated agreement with Hewlett-Packard Company, in the maximum amount of $62,395.28.

 

b.    Blanket Purchase Order #016197/ Radiology Services/Health & Human Services/Managed Care - Renewed negotiated Blanket Purchase Order with Radiological Associates of Sacramento, in the maximum amount of $245,000.

 

23.  PUBLIC WORKS:

a.    Abandonment/Portion of Pine Ridge Road, Tahoe City – Resolution 2009-259 adopted to abandon excess right-of-way along a portion of Pine Ridge Road in Tahoe City, in exchange for $27,490.

 

b.    Tahoe City Public Utility District (TCPUD), Waterline/Utility Improvement, SEZ/Habitat Restoration  Resolution 2009-260 adopted approving a Cooperative Agreement, with County Counsel and Risk Management review and approval, between the Department of Public Works and the Tahoe City Public Utility District (TCPUD) for utility work in concert with the Lake Forest Erosion Control project – Area B (SEZ/Habitat Restoration) which will construct stream restoration and water quality improvements in the Lake Forest subdivision; and authorized the Director of Public Works or his designee to execute the Cooperative Agreement and all related documents.  The construction estimate for all utility work associated with the project is $182,355.84.

 

c.    Tahoe Transportation District Funding – Resolution 2009-261 adopted authorizing the Director of Public Works to execute, with County Counsel and Risk Management’s review and approval, an agreement with the Tahoe Transportation District to receive approximately $150,000 in Federal Transit Administration 5311 funding for Tahoe Area Regional Transit in FY 2009/10.

 

24.  REVENUE SHARING – In approving the following appropriations, the Placer County Board of Supervisors makes the finding that each and every approved contribution serves a public purpose by promoting the general welfare of the County and its inhabitants; therefore, the County benefits.

a.    MOVED FOR DISCUSSION Approve a total appropriation of $5,750 in District 5 Revenue Sharing Funds (Benefit Grant Funds) to the nonprofit organizations and events recommended by the Citizens District 5 Benefit Fund Committee: Boys and Girls Club of North Lake Tahoe ($1,000), Sierra Senior Services Meals on Wheels ($1,000), Olympic Heritage Celebration ($750), Foresthill Chamber of Commerce Heritage Celebration ($250), Foresthill Swim and Recreation Pool Filtration System ($1,000), Save Auburn Ravine Salmon and Steelhead Education Program ($750), KidsFirst Education, Information, and Coaching ($250), Placer Land Trust ($500), and Auburn Host Lions Club “Ski for Light” ($250).

 

b.    Approved appropriation of $250 in Revenue Sharing monies to the Ride to Walk Therapeutic Horseback Riding Program, as requested by Supervisor Uhler ($250).

 

c.    Approved appropriation of $500 in Revenue Sharing monies to the City of Lincoln 150th Birthday Celebration to help defray the cost of the event, as requested by Supervisor Weygandt ($500).

***End of Consent Agenda***

 

The following Items were moved from the Consent Agenda for discussion:

13.  ORDINANCE – Second Reading:

a.    County Executive/Personnel – Ordinance 5571-B adopted adjusting the compensation and benefits of DSA represented employees.

       MOTION Holmes/Uhler/Unanimous  VOTE 4:0 Weygandt absent

 

b.    County Executive/Personnel – Uncodified Ordinance 5572-B adopted adjusting the compensation and benefits of Deputy Sheriff’s Association (DSA) represented employees.

       MOTION Holmes/Uhler/Unanimous  VOTE 4:0 Weygandt absent

 

24.  REVENUE SHARING – In approving the following appropriations, the Placer County Board of Supervisors makes the finding that each and every approved contribution serves a public purpose by promoting the general welfare of the County and its inhabitants; therefore, the County benefits.

a.    Approved a total appropriation of $5,750 in District 5 Revenue Sharing Funds (Benefit Grant Funds) to the attached list of nonprofit organizations and events recommended by the Citizens District 5 Benefit Fund Committee: Boys and Girls Club of North Lake Tahoe ($1,000), Sierra Senior Services Meals on Wheels ($1,000), Olympic Heritage Celebration ($750), Foresthill Chamber of Commerce Heritage Celebration ($250), Foresthill Swim and Recreation Pool Filtration System ($1,000), Save Auburn Ravine Salmon and Steelhead Education Program ($750), KidsFirst Education, Information, and Coaching ($250), Placer Land Trust ($500), and Auburn Host Lions Club “Ski for Light” ($250).

       MOTION Montgomery/Holmes/Unanimous  VOTE 4:0 (Weygandt absent)

 

ITEMS FOR INFORMATION:

25.  Treasurer-Tax Collector - Treasurer’s Statement for the Month of August 2009.

 

ADJOURNMENT – Next regular meeting is October 6, 2009.

 

BOARD OF SUPERVISORS’ 2009 MEETING SCHEDULE:

October 6, 2009