COUNTY OF PLACER
BOARD OF SUPERVISORS
TUESDAY, NOVEMBER 3, 2009
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
FLAG SALUTE – Led by Anthony La Bouff, County Counsel.
STATEMENT OF MEETING PROCEDURES - Read by Clerk.
PUBLIC COMMENT – None.
SUPERVISOR’S COMMITTEE REPORTS – 1) Supervisor Weygandt commended Supervisor Holmes on his courage in betting on the Placer High School and Lincoln High School football game and winners choice for lunch and of course he lost. 2) Supervisor Holmes said he did not know if anyone else noticed but the referees were running around with stripped shirts. 3) Supervisor Uhler advised that the South Placer Regional Transportation Authority voted to designate Placer County as the lead agency on the Tier II analysis for the parkway.
1. DISTRICT ATTORNEY - Presentation of the Prosecutor of the Year Award to the 2008 recipients, Suzanne Gazzaniga and David Tellman.
2. HEALTH & HUMAN SERVICES/HUMAN SERVICES - The Board approved the following actions:
a. Approved a contract with Golden Sierra Job Training Agency in the amount of $1,330,000 for the period of November 3, 2009 through September 30, 2010, to provide administration and case management of the American Recovery and Reinvestment Act Subsidized Wage Program.
b. Approved the Budget Revision for the funding received from the American Recovery and Reinvestment Act Emergency Contingency Fund.
No County General Funds are associated with these actions.
3. COUNTY EXECUTIVE/EMERGENCY SERVICES - Public hearing closed to consider authorizing collection of fees for fire protection planning in the Placer County Fire area, approved Resolution 2009-313 adopting the fee schedule, and Ordinance 5578-B adopted incorporating this change in Chapter 15.04.050 of Placer County Code.
MOTION Holmes/Montgomery VOTE 4:1 (Uhler No)
4. COUNTY EXECUTIVE/EMERGENCY SERVICES – Public hearing closed and Resolution 2009-314 adopted:
a. Approving the Placer County Fire 2009 Capital Improvement Plan;
b. Updating the Fire Facilities Impact Fee which results in an increase 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; and
c. Approving the use of the Consumer Price Index - All Urban Consumers (CPI-U) for San Francisco, Oakland and San Jose for annual fee adjustments.
MOTION Holmes/Weygandt VOTE 4:1 (Uhler No)
5. BOARD OF SUPERVISORS – Supervisors Uhler and Weygandt provided the Board with a final update on the status of the Placer County Conservation Plan Ad-Hoc Committee deliberations. On January 23, 2007, the Board approved a map to initiate discussions with the Wildlife Agencies and asked Supervisors Weygandt and Uhler to meet with representatives of the City of Lincoln to discuss matters of joint interest regarding this map. After extensive meetings with representatives of the City of Lincoln and staff, Supervisors Uhler and Weygandt recommended that the Board authorize staff to submit the PCCP consistent with the principles and objectives outlined in the Conservation Strategy Report #2 (Exhibit A) and based upon the draft Reserve Map (Exhibit B).
MOTION Weygandt/Uhler/Unanimous, to adopt staff recommendations 1-6 with the modification to have staff review and bring back options as it relates to include District 5 into Phase I of the Conservation Plan and have that be done in consideration of the time constraints to Phase I of the Placer County Conservation Plan.
6. ADMINISTRATIVE SERVICES – Conducted a continued closed hearing from July 20, 2009 to consider an appeal by Exclusive Resorts L.L.C., of the Director of Administrative Services’ decision determining the amount of uniform transit occupancy tax to be assessed against Exclusive Resorts L.L.C., pursuant to Article 4.16 of the Placer County Code. Pursuant to the request of the taxpayer, this hearing was closed to address confidential business records.
MOTION Holmes/Montgomery VOTE 4:1 (Uhler No), to uphold the determination of the Director of Administrative Services and deny the appeal on the amount of the tax, penalty, and interest assessment. The prevailing party was directed to prepare draft findings and bring back to the County Counsel for his review and who will place them before the Board for adoption on a future date. If confidential information is considered it is not to be in the findings, rather referenced to the documents in some fashion.
7. COUNTY EXECUTIVE/COST SAVINGS TASK FORCE:
1. Accepted the initial recommendations of the various committees comprising the Cost Savings Task Force.
Purchasing Subcommittee, MOTION Uhler/Holmes/Unanimous
Automation & IT Technology Subcommittee, MOTION Montgomery/Uhler/Unanimous
Receiver Subcommittee, MOTION Uhler/Montgomery/Unanimous
2. Authorized the County Executive Office to proceed with implementation of identified cost saving measures and/or productivity improvements reflected on these recommendations.
8. COUNTY EXECUTIVE/ECONOMIC DEVELOPMENT - Resolution 2009-315 adopted designating Placer County as a Federal Recovery Zone pursuant to the American Recovery and Reinvestment Act of 2009 for the purpose of issuing Recovery Zone Facility Bonds in an amount not to exceed $6,841,000 and Recovery Zone Economic Development Bonds, in an amount not to exceed $4,561,000.
ADJOURNED AS THE BOARD OF SUPERVISORS AND CONVENED AS THE
PLACER COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY
9. IN-HOME SUPPORT SERVICES PUBLIC AUTHORITY:
a. Budget - Approved the In-Home Supportive Services Public Authority Budget for FY 2009-10, in the amount of $889,361. MOTION Holmes/Weygandt/Unanimous
b. Proclamation - Resolution 2009-316 adopted proclaiming the week of November 16-20, 2009 as Placer County IHSS Caregiver Recognition Week. MOTION Montgomery/Holmes/Unanimous
ADJOURNED AS THE PLACER COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY AND RECONVENED AS THE PLACER COUNTY BOARD OF SUPERVISORS
10. PUBLIC WORKS:
a. National Flood Insurance Program/Upgrade in Community Rating System – This item is for information only and no action is required. The County has recently been notified that our flood protection rating in the unincorporated areas of the County has been upgraded as measured by the Community Rating System (CRS) leading to lower flood insurance rates for our citizens.
b. Tahoe City Transit Center, Construction Contract #1070 – Resolution 2009-317 adopted rejecting all bids received for the Tahoe City Transit Center project under Construction Contract #1070 and authorize Public Works to re-advertise for bids under Construction Contract #1085.
11. COUNTY COUNSEL/CLOSED SESSION REPORT:
(A) §54956.9 - CONFERENCE WITH LEGAL COUNSEL
1. Existing Litigation:
(a) Sutter County, et al. vs. County of Placer, et al., Sacramento County Superior Court Case No.: 34-2007-00883516 – The Board received a report on the trial courts decision in behalf of the County where the County successfully defended the challenge to the Placer Vineyards project.
(b) Michael P. Mulligan and County of Placer, PERS Case No.: 9198, OAH No.: N-2009080954 – The Board had a discussion of a pending PERS litigation matter involving county employees before the PERS Board.
(c) Debora Faciana, WCAB Claim, Claim Number: ADJ 6706594 – The Board received a report with regards to worker compensation matter and gave direction to the Risk Manager.
(d) Placer County Deputy Sheriffs’ Association vs. County of Placer, et al., PERB Case No.: SA-CE-629-M – The Board received a report with regards to the Deputy Sheriffs’ Association filing a PERB charge against the County of Placer.
(e) In Re Bickford Ranch, U.S. Bankruptcy Court, CA Eastern District, No.: 8-17206; In Re California Motocross, U.S. Bankruptcy Court, CA Eastern District, No.: 08-33290; In Re Kobra Properties, U.S. Bankruptcy Court, CA Eastern District, No.: 08-37271; In Re Catalig, U.S. Bankruptcy Court, CA Eastern District, No.: 09-32595; In Re Sanger, U.S. Bankruptcy Court, CA Eastern District, No.: 09-29934; In Re Amer Home Mtg, U.S. Bankruptcy Court, Delaware, No.: 07-11047; In Re Gottschalks, U.S. Bankruptcy Court, Delaware, No.: 09-10157; In Re Circuit City, U.S. Bankruptcy Court, VA Eastern District, No.: 08-35653; In Re Bickford Ranch, U.S. Bankruptcy Court, Central District, No.: 08-17206; In Re Landsource Comm Dev, U.S. Bankruptcy Court, Delaware, No.: 08-11111; In Re Diamond Creek, U.S. Bankruptcy Court, Eastern District, No.: 08-25342; In Re Mervyns, U.S. Bankruptcy Court, Delaware, No.: 08-11586; In Re Kobra- Douglas Pointe, U.S. Bankruptcy Court, CA Eastern District, No.: 09-32854; In Re Kobra- Food Svc Mgt Inc, U.S. Bankruptcy Court, CA Eastern District, No.: 09-40066; In Re Kobra- Kobra Assoc Inc, U.S. Bankruptcy Court, CA Eastern District, No.: 09-40068 – The Board extended the contract for outside counsel, Martha Ramiro, from the current amount of $20,000 to $70,000 to be spent over the next several years on those matters.
Adjourned as the Placer County Board of Supervisors and
convened as the Placer County Redevelopment Agency Board
(B) §54956.8 – CONFERENCE WITH REAL PROPERTY NEGOTIATOR – The Board discussed with its real property negotiators the items listed.
Property: APN Numbers: 090-122-030, 031, 033 and 034, Agency Negotiator(s): Tom Miller, Rich Colwell, Anthony La Bouff
Negotiating Parties: Placer County Redevelopment Agency and North Tahoe Public Utility District
Under Negotiation: Price, terms of payment, or both
Adjourned as the Placer County Redevelopment Agency Board and
reconvened as the Placer County Board of Supervisors
(C) §54957.6 - CONFERENCE WITH LABOR NEGOTIATORS – The Board met with its labor negotiators and gave direction.
(a) Agency designated representatives: Tom Miller, Nancy Nittler, Mike Boyle, Gerald O. Carden, Anthony J. La Bouff
Employee organization: PPEO. DSA.
CONSENT AGENDA (Items 12 thru 23) – Moved Item 17a for discussion. Consent Agenda approved as amended with action as indicated. MOTION Uhler/Weygandt/Unanimous
12. ORDINANCE – Second Reading:
a. Personnel - Ordinance 5577-B adopted amending Chapter 3 to reflect the side letter changes relating to disciplinary action and extension of these provisions to classified management and confidential employees.
a. Resolution 2009-306 adopted authorizing the Agricultural Commissioner/Sealer to sign contract #09–0038 with the California Department of Food and Agriculture allowing for reimbursement from the State for up to $6,375 for Petroleum Product Compliance, and Weighmaster Enforcement Programs for fiscal year 2009 - 2010.
b. Resolution 2009-307 adopted authorizing the Agricultural Commissioner/Sealer to sign contract #09–0474 with the California Department of Food and Agriculture allowing for reimbursement from the State for up to $16,754 for Placer County weed eradication program for the calendar year 2010.
14. BOARD OF SUPERVISORS:
a. Approved the contract with Judith Marston to provide Secretarial services to the Horseshoe Bar Municipal Advisory Council.
b. Approved minutes of October 6, 2009.
15. CLAIMS AGAINST THE COUNTY – Rejected the following claims, as recommended by the offices of County Counsel and Risk Management:
a. 09-089, State Farm, $19,500, (Property Damage)
b. 09-095, Leonard, Harvey, $1,100,000, (Personal Injury)
c. 09-098, Lurie Management, LLC, $991.10, (Property Damage)
16. COMMITTEES & COMMISSIONS:
a. CSA 28, Zone 165 (Dry Creek Area Fire Service Community Advisory Committee) – Approved reappointments of Manuel Carreras to Seat 1, Diane Howe to Seat 3 and Susan Wright to Seat 7, as requested by Supervisor Rockholm.
b. Gold Run Cemetery Committee – Approved reappointments of Al Baker to Seat 1, Karen Winter to Seat 2, Claudia Snyder to Seat 3, Daniel Ellison to Seat 4, Elizabeth Medbury to Seat 5, Richard Snyder to Seat 6 and Beverly Clark-Hunter to Seat 7, as requested by Supervisor Montgomery.
17. COUNTY EXECUTIVE:
a. MOVED FOR DISCUSSION Personnel – It is recommended that your Board approve the following actions:
1. Confirm the provisions of the Placer County Work Reassignment Program as it applies to classified management and confidential employees.
2. Adopted resolution delegating details of the Board’s authority to direct layoffs under Chapter 3 of the Placer County Code to the County Executive Officer for FY 2009-10 in the event that a classified management and/or confidential employee refuses a reassignment.
b. Auburn Community Thanksgiving Day Dinner - Approved participation in the Salvation Army’s Auburn Community Thanksgiving Day Dinner by matching Placer County employee contributions dollar for dollar up to a maximum of $1,500.
18. COUNTY EXECUTIVE/EMERGENCY SERVICES - Resolution 2009-309 adopted terminating the Proclamation of Local Emergency initially made by the Director of Emergency Services, Thomas M. Miller, on August 30, 2009 and reaffirmed by the Board on September 2, 2009.
19. FACILITY SERVICES:
a. Sewer Maintenance District (SMD) #3 - Approved a budget revision to the SMD #3 Fiscal Year 2009-10 Final Budget shifting $13,000 in appropriations from Appropriation for Contingencies (5600) to Equipment (4451), authorized the purchase of one ammonia analyzer for a cost not to exceed $13,000; and added to the Master Fixed Asset List.
b. Colfax Library Renovation, Architectural and Engineering Services, Project #4765 - Ratified amendment #1 to agreement with Lionakis Beaumont Design Group, Inc., to provide architectural and engineering services for the Colfax Library Renovation and authorized the Chairman to execute the amendment, increasing the contract by $39,541 for a total contract cost not-to-exceed $169,541.
c. Lincoln Fire Station Septic and Modular Replacement, Architectural and Engineering Services, Project #4819 - Ratified amendment #1 to the agreement with Lionakis, to provide architectural and engineering services for the Lincoln Fire Station Septic and Modular Replacement and authorized the Chairman to execute the amendment, increasing the contract by $57,000 for a total contract cost not-to-exceed $92,840.
d. Blanket Purchase Order #6628/Asbestos Abatement Services – Approved Change Order #1 to Blanket Purchase Order #6628 with Allied Environmental, Inc., for Asbestos Abatement Services throughout the County and to increase the maximum amount by $45,000 for a revised amount of $94,000, and authorized the Purchasing Manager to sign.
20. HEALTH & HUMAN SERVICES:
a. Adult System of Care - Approved a change order to Blanket Purchase Order #16659 with Staff Care, Inc., increasing the maximum amount by $100,000 for a new total of $140,000 for the period of April 1, 2009 through March 31, 2010 due to increased utilization of temporary psychiatry staff coverage at the Psychiatric Health Facility, and authorize the Purchasing Manager to sign the resulting change order. This funding is included in the Department’s FY 2009-10 Budget. The required 30 percent County General Fund contribution is included within this funding.
b. Environmental Health - Resolution 2009-310 adopted terminating the Proclamation of Local Health Emergency initially made by the Health Officer, Richard J. Burton, M.D., M.P.H, on September 1, 2009 and reaffirmed by your Board on September 2, 2009.
21. PROCUREMENT SERVICES - In accordance with County Policy, non-contested competitively awarded bids under $250,000 are placed on the Consent Agenda. Authorized the Purchasing Manager to sign the following:
a. Blanket Purchase Order #16652, Environmental Lab Analysis Services/Facility Services - Approved Change Order #1 to Competitively Awarded Blanket Purchase Order #16652 with Excelchem Environmental Labs for Environmental Lab Analysis Services, increasing the maximum amount by $23,000 for a revised maximum amount of $72,000.
b. Rejection of Bids, White Recycled Bond Paper/Administrative Services/Central Services - Ratified the rejection of all bids to Competitive Bid #9937 and approved the award of a Blanket Purchase Order using a State of California Competitively Awarded Contract with Stay Safe Supply, Inc., for white recycled bond paper, in the maximum amount of $145,223.
c. Blanket Purchase Order 16314, Credit Card Aviation Fuel Purchases/Sheriff - Approved the renewal of Blanket Purchase Order #16314 based on a Defense Department Contract with Multi Service Corporation for credit card aviation fuel purchases in the maximum amount of $70,000.
22. PUBLIC WORKS:
a. Abandonment/Public Utility Easements, Northstar Highlands Resort, Northstar – Resolution 2009-311 adopted abandoning existing public utility easements in Northstar Highlands Phase 2, in exchange for public utility easements to be dedicated in different locations.
b. Auburn Compressed Natural Gas Fueling Station Upgrade Phase II, Contract #1080 – Approved the Project Plans and Specifications for use in bidding and construction of Phase II of the Auburn Compressed Natural Gas Fueling Station Upgrade and authorized the Department to advertise for bids.
c. Auburn Folsom Road Bikeway Project, Phase I, Construction Contract #1063 - Resolution 2009-312 adopted authorizing the Director of Public Works to ratify a construction contract change order for a series of project construction change orders and additional storm drainage work on Auburn Folsom Road Bikeway Project Phase I in the amount of $20,000.
23. 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 appropriation of $750 in Revenue Sharing monies to the Auburn Chamber 2009 Festival of Lights Parade to help defray the cost of the event, as requested by Supervisor Holmes ($750).
b. Approved appropriation of $500 in Revenue Sharing monies to the Placer Land Trust 8th Annual Harvest Celebration to benefit Placer Land Trust’s efforts to preserve valued lands in Placer County, as requested by Supervisor Holmes ($500).
c. Approved appropriation of $250 in Revenue Sharing monies to the Roseville Host Lions Club Christmas Food Basket Program to help support the purchase of perishable and non-perishable food items, as requested by Supervisor Rockholm ($250).
***End of Consent Agenda***
The following item was moved from the Consent Agenda for discussion:
17. COUNTY EXECUTIVE:
a. Personnel - The Board approved the following actions:
1. Confirmed the provisions of the Placer County Work Reassignment Program as it applies to classified management and confidential employees.
2. Adopted Resolution 2009-308 delegating details of the Board’s authority to direct layoffs under Chapter 3 of the Placer County Code to the County Executive Officer for FY 2009-10 in the event that a classified management and/or confidential employee refuses a reassignment. MOTION Uhler/Holmes/Unanimous
ADJOURNMENT – Next regular meeting is Tuesday, November 17, 2009.
BOARD OF SUPERVISORS’ 2009 MEETING SCHEDULE:
November 17, 2009
December 8, 2009