COUNTY OF PLACER
BOARD OF SUPERVISORS
TUESDAY, AUGUST 24, 2010
F.C. “Rocky” Rockholm, District 1 Thomas Miller, County Executive
Robert Weygandt, District 2, Vice Chairman Anthony J. La Bouff, County Counsel
Jim Holmes, District 3 Mike Boyle, Assistant County Executive
Kirk Uhler, District 4, Chairman Holly Heinzen, Assistant County Executive
Jennifer Montgomery, District 5 Ann Holman, Clerk of the Board
County Administrative Center, 175 Fulweiler Avenue, Auburn, CA 95603
FLAG SALUTE – Led by Supervisor Holmes.
STATEMENT OF MEETING PROCEDURES - Read by Clerk.
PUBLIC COMMENT – 1) Gloria Stallman, retired public employee, read two letters from retirees regarding retiree health benefits. 2) Sharon Broertjes, retired public employee, spoke about retiree health benefits. 3) Michael Murphy; said County Health & Human Services is inefficient and would like to see it fixed. Chairman Uhler requested Mr. Murphy bring the details of this event to his supervisors attention. 4) Jim Ricker; Chairman of the Placer County Historical Organizations Committee, thanked sponsors of the Heritage Trail Tour. 5) Angela Ponivas, Executive Director of Lighthouse Counseling and Family Resource Center; thanked the Board for serving as celebrity waiters at the Celebrity Waiter Luncheon which raised $34,000 this year.
SUPERVISOR’S COMMITTEE REPORTS – None.
1. BOARD OF SUPERVISORS/HEALTH & HUMAN SERVICES – Resolution 2010-235 adopted proclaiming September 2010 as Alcohol & Drug Addiction Recovery Month in Placer County.
MOTION Weygandt/Holmes VOTE 4:0 (Montgomery temporarily absent)
2. COMMUNITY DEVELOPMENT RESOURCE AGENCY/PLANNING/THIRD-PARTY APPEAL/MINOR USE PERMIT (PMPA20070467) “CELEBRATION COMMUNITY FELLOWSHIP CHURCH” – The Board is being asked to consider a third-party appeal from Don Ryberg, Tsi’-Akim Maidu Tribal Chair, of the Planning Commission’s approval of a Minor Use Permit for the Celebration Community Fellowship Church. It is staff’s recommendation that the Board uphold the decision of the Planning Commission and deny the appeal. (Continued from 8-10-10)
MOTION Montgomery/Holmes VOTE 4:1 (Rockholm No) to deny the appeal; adopt the Findings under CEQA and the Findings for the Minor Use Permit with the Conditions as amended adding a condition to screen the 70’ area within the parcel boundaries to block the view of the Environmentally Sensitive Area from the proposed church.
3. COMMUNITY DEVELOPMENT RESOURCE AGENCY/PLANNING/REQUEST FOR CONTINUANCE OF THIRD-PARTY APPEAL OF PLANNING COMMISSION APPROVAL OF A CONDITIONAL USE PERMIT (PCPA 20050072) “LIVINGSTON’S CONCRETE BATCH PLANT” - The Board is requested to continue the appeal of the Planning Commission’s approval of a conditional use permit for the Livingston’s Concrete Batch Plant off calendar to an open date, with staff to renotice the appeal for hearing at a future date after completion of all necessary additional analysis.
MOTION Weygandt/Rockholm/Unanimous to continue the hearing to an open date.
4. COMMUNITY DEVELOPMENT RESOURCE AGENCY/PLANNING/REZONE/BUNCH CREEK TIMBERLAND PRODUCTION ZONE PROPERTY (PREAT20060521) – Public hearing to consider a request for an immediate conversion Rezoning from Timberland Production Zone (TPZ) to Residential Forest, combining an 80-acre minimum lot size (RF-B-X 80 Acre Min), or in the alternative, a ten-year roll-out Rezoning from TPZ to RF-B-X 80 Acre Minimum, and a modification to an approved three-lot Minor Land Division. Staff brings forward the Planning Commission’s recommendation to deny all of these requests. (Continued from 8-10-10)
MOTION Montgomery/Holmes VOTE 3:2 (Rockholm, Uhler No) to support the Planning Commission’s recommendation to the Board of Supervisors to deny the applicant’s request for a 10-year roll-out Rezoning of the subject property from Timberland Production Zone to Residential Forest with a combining 80-acre lot size, and deny the request for a Modified Tentative Parcel Map based on Findings (Page 10), with the notice that the applicant formally withdrew their request for an immediate rezoning of the subject property from Timberland Production Zone to Residential Forest combining an 80-cre lot size.
5. ADMINISTRATIVE SERVICES/PROCUREMENT – Authorized the Purchasing Manager to sign the following:
a. BLANKET PURCHASE ORDERS, CONSTRUCTION MANAGEMENT SERVICES/PUBLIC WORKS- Renewed six Blanket Purchase Orders for Construction Management Services for Eastern and Western Placer County, in the maximum aggregate amount of $1,350,000.
6. BOARD OF SUPERVISORS:
a. Purchasing Policy Manual - Resolution 2010-234 adopted amending Placer County Purchasing Policy Manual to add a provision prohibiting any requirement for project labor agreements on county public projects.
MOTION Rockholm/Weygandt VOTE 3:2 (Holmes, Montgomery No)
Advisory Council – Resolution 2010-236 adopted establishing the Donner
Area Municipal Advisory Council, at the request of Supervisor
MOTION Montgomery/Holmes VOTE 4:1 (Rockholm No)
7. COUNTY EXECUTIVE:
a. Update on the Placer Administrative Manual and Adoption of New Policies - Authorize the County Executive Officer to develop and implement the Placer County Placer Administrative Manual (PAM), a comprehensive, consolidated countywide policies and procedures manual.
Continued to September 7, 2010
b. Adoption of New Policies, Amend Ordinances and Delete some Administrative Rules
1. Approve a Resolution adopting the Placer County Vehicle Policy.
2. Approve a Resolution adopting the Placer County Volunteer Policy.
3. Introduction of an Ordinance adding Part 4, Article 17.64 Williamson Act Lands Program to Placer County Code.
4. Introduction of an Ordinance adding Article 2.82 Veterans Memorial Hall Governing Boards to Placer County Code.
5. Introduction of an Ordinance deleting Article 2.100, County Vehicles of the Placer County Code.
6. Adopt a Resolution deleting specified Administrative Rules.
Continued to September 7, 2010
8. DISTRICT ATTORNEY:
a. Approved three agreements with the California Department of Justice for 1) forensic alcohol testing, 2) toxicological drug and 3) solid dosage analysis for the period of October 1, 2010 through September 30, 2011 in a combined amount of $250,000. Authorize the District Attorney and the Purchasing Manager, upon review and approval by Risk Management and County Counsel, to execute documents required; and
b. Approved a Blanket Purchase Order with Valley Toxicology to provide phlebotomy services, preliminary alcohol screening device maintenance, forensic alcohol, toxicological, and solid dosage analysis services for the period of August 1, 2010 through July 31, 2011 in the amount of $390,000. Authorize the District Attorney and the Purchasing Manager, upon review and approval by Risk Management and County Counsel, to execute documents required.
9. FACILITY SERVICES/HIDDEN FALLS REGIONAL PARK/AGREEMENT #12670 - Approved planned amendment #1 to the agreement with Carlton Engineering, Inc., to provide Design and Development Support Services for Hidden Falls Regional Park, and authorized the Chairman to sign, increasing the contract by $399,950 for a total contract cost not-to-exceed $790,641.
10. HEALTH & HUMAN SERVICES/ADULT SYSTEM OF CARE - Approved the In-Home Supportive Services Fraud Investigations Plan and authorized its submission to the California Department of Social Services (CDSS). The County is requesting $253,963 which would include a required County General Fund match of $41,142. These funds are not included in the Department’s FY 2010-11 CEO Recommended Budget. Once the Plan and funding are approved by the State, a budget revision will be required. MOTION Weygandt/Holmes/Unanimous
11. PUBLIC WORKS/CONTRACT #1097, HOT MIX ASPHALT OVERLAY, SUMMER 2010 – Resolution 2010-237 adopted authorizing the Chairman to award and execute the construction contract, with County Counsel and Risk Management review and approval, for the Summer 2010 Hot Mix Asphalt Overlay, Contract #1097, to the lowest responsible and responsive bidder, Teichert Construction, in the amount of $1,827,750 and authorized the Director of Public Works to execute contract change orders up to 15% of the contract amount.
12. COUNTY COUNSEL/ADJOURN CLOSED SESSION REPORT:
(A) §54956.9 - CONFERENCE WITH LEGAL COUNSEL
1. Existing Litigation:
(a) 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 contract for outside Counsel, Martha Romero has been extended by an additional $40,000, bringing it to a total of $110,000.
2. Anticipated Litigation:
(a) Significant exposure to litigation pursuant to subdivision (b) of Government Code §54956.9: one potential case – The Board gave direction to County Counsel’s Office.
(B) §54957.6 - CONFERENCE WITH LABOR NEGOTIATORS – The Board met with its Labor Negotiators on both PPEO and DSA matters.
(a) Agency designated representatives: Tom Miller, Nancy Nittler, Mike Boyle, Gerald O. Carden, Anthony J. La Bouff
Employee organization: PPEO. DSA.
CONSENT AGENDA – Consent agenda approved with action as indicated. The Board convened as the Redevelopment Agency for Item 27. MOTION Rockholm/Montgomery/Unanimous
13. AGRICULTURE - Resolution 2010-220 adopted authorizing the Chairman to sign a 1-year agreement for the lease of Weight Truck, Weight Standards, and Weight Cart by the Amador County Agriculture/Weights and Measures Department in the amount of $2,000 per year.
14. AUDITOR CONTROLLER:
a. Property Tax Rates/Voter-Approved Indebtedness – Adopted Resolution 2010-221 adopting 2010/2011 property tax rates for voter-approved indebtedness, pursuant to Government Code Sections 29100 and 29106.
b. Funds/Subfunds – Resolution 2010-222 adopted approving a list of funds/subfunds available in the Placer County Performance Accounting Series Financial System (PAS).
15. BOARD OF SUPERVISORS:
a. Resolution 2010-219 adopted supporting the Sierra Nevada Forest and Community Initiative, coordinated by the Sierra Nevada Conservancy, for the purpose of promoting forest health, creating jobs, increasing woody biomass uses such as energy production and reducing the risk of fire in the Sierra forests.
b. Approved minutes of July 27, 2010.
16. CLAIMS AGAINST THE COUNTY – Rejected the following claims, as recommended by the offices of County Counsel and Risk Management:
a. 10-071, Sedwick, April, $764.32, (Property Damage).
b. 10-072, Ross, Jeanne, $3,991.21, (Property Damage & Bodily Injury).
17. CLAIMS AGAINST THE COUNTY – Rejected Leave to Present a Late Claim and its underlying claim, as recommended by the offices of County Counsel and Risk Management:
a. 10-074, Hall, Jama, Not Stated, (Personal Injury).
18. COMMITTEES & COMMISSIONS:
a. Colfax Public Cemetery District – Accepted letter of resignation from John Dugan Seat 3, effective August 1, 2010.
b. Municipal Advisory Council (Granite Bay) – Accepted the resignation of David Gravlin Seat 3, effective August 11, 2010.
c. Auburn Veterans Memorial Hall Board – Approved the appointments of Elmer Frank (alternate) to Seat 5 and Donald Anderson (alternate) to Seat 10. Approved the reappointments of Courtland Bradbury to Seat 1, Rose Agles to Seat 2, Bonnie Bradbury (alternate) to Seat 2, Lee Roy Hubbard to Seat 3, H.L. “Hap” Arnold to Seat 5, Jeanann Carlson to Seat 6, George Simmons to Seat 7, Bonnie Potter to Seat 10, Terry Crouson to Seat 11 and Michael Crouson (alternate) to Seat 11, as requested by Supervisor Holmes.
d. Foresthill Veterans Memorial Hall Board – Approved the appointment of Virginia Page to Seat 5 and the reappointments of Richard Murray to Seat 1, Vincent Robinson to Seat 2, Francis Stevenson to Seat 3, Stephen Cannizzaro to Seat 4 and Vicki Haskins Campbell to Seat 6, as requested by Supervisor Montgomery.
e. Lincoln Veterans Memorial Hall Board – Approved the appointments of Kent Parsell to Seat 1 and Gary Martinsen (alternate) to Seat 1. Approved the reappointments of Richard Lercari to Seat 2, Len Valasek to Seat 3, Samuel Silvas to Seat 4, John McCulloch (alternate) to Seat 4 and Manuel Nevarez (alternate) to Seat 5, as requested by Supervisor Weygandt.
f. Loomis Veterans Memorial Hall Board – Approved the reappointments of Thomas Seth to Seat 1, Earl Chinnock to Seat 2, Russ Kelley to Seat 3, Ron Jarnagin to Seat 4 and Tim Cheney to Seat 7, as requested by Supervisor Holmes.
g. Placer County Youth Commission – Approved the appointments of alternates Kyle Pawlak, Bradley Wong, Emily Read.
19. COUNTY EXECUTIVE - Authorized the Chairman to sign five (5) letters in response to the Placer Grand Jury’s 2009-2010 Final Report.
20. COUNTY EXECUTIVE/EMERGENCY SERVICES:
a. Volunteer Fire Assistance Program - Resolution 2010-223 adopted approving a Volunteer Fire Assistance (VFA) Program agreement, funded in the amount of $9,500, for equipment purchases for volunteer fire companies of the Placer County Fire system, authorized Michael J. Boyle, Assistant County Executive Officer or Rui Cunha, Program Manager of the Office of Emergency Services to sign and execute the agreement on behalf of Placer County, and approved a budget revision reflecting the 100% (i.e., $9,500) County match requirement.
b. 2010 Homeland Security Grant Program - Resolution 2010-224 adopted authorizing designated staff to execute for and on behalf of Placer County for all actions necessary to obtain funds in the 2010 Homeland Security Grant Program.
21. FACILITY SERVICES:
a. Lease Agreement/Health & Human Services - Resolution 2010-225 adopted authorizing the Director of Facility Services, or his designee, to complete negotiations to amend Lease Agreement #11151 between the County of Placer and BSB Roseville, LLC., a California limited liability company managed by Green Valley Corporation dba as Barry Swenson Builder, to extend the term for Health and Human Services Department occupancy at 101 Cirby Hills Drive, in Roseville, CA; and delegating authority to the Director of Facility Services, or his designee, to execute a Lease Amendment on behalf of the Board contingent upon approval by Risk Management and County Counsel.
b. Lease Agreement/Penryn Library - Resolution 2010-226 adopted authorizing the Director of Facility Services, or his designee, to take the following actions associated with continued tenancy of the Library Services Department at the Penryn Library at 2215 Rippey Road in Penryn, CA:
1) Complete negotiations for a Lease Agreement, based on the Material Terms, between the County of Placer and the Penryn Masonic Building Association.
2) Execute the resultant agreement on behalf of the Board, following approval by County Counsel and Risk Management.
3) Carry out those provisions and responsibilities as specified within the agreement on behalf of the County, including but not limited to the Future Tenant Improvements provision as summarized in the Material Terms.
c. Colfax Library Renovation/Architectural and Engineering Services, Project #4765 - Ratified Amendment #2 to the Agreement with Lionakis Beaumont Design Group, Inc. (LBDG), to provide architectural and engineering services for the Colfax Library Renovation and authorized the Chairman to execute the Amendment, increasing the contract by $29,684 for a total contract cost not-to-exceed $199,225.
d. Demolition of Buildings 27, 27G, 15-18, 102-106 & 207 at the Placer County Government Center and demolition of Saber City Community Building, Project #4812 - The Board took the following actions associated with the project:
1. Approved Plans and Specifications and authorized staff to solicit bids for the Demolition of Buildings 27, 27G, 15-18, 102-106 & 207, with an Alternate for demolition of the Sabre City Community Building, Project #4812.
2. Resolution 2010-227 adopted authorizing the Director of Facility Services to award and execute a demolition contract in an amount not-to-exceed $750,000, 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.
e. Atwood Fire Station Modular Addition/Architectural and Engineering Services, Project #4818 - Ratified Amendment #1 to the agreement with Lionakis Beaumont Design Group, Inc., to provide architectural and engineering services for the project and authorized the Chairman to execute the Amendment, increasing the contract by $18,270 for a total contract cost not-to-exceed $58,270.
f. Purchase of Real Property/California State Water Resources Control Board – Resolution 2010-228 adopted delegating authority to the Director of Facility Services, or his designee, to execute all documents and take all actions necessary to enter into the Declaration of Restrictions with the California State Water Resources Control Board, on the County owned property located at 5150 Highway 65, Sheridan, California, APN: 019-250-006-000.
g. Five Year Extension for Reimbursement Agreements – Ordinance introduced, first reading waived, amending Section 13.12.230 C and E of the Placer County Code to:
1. Extend the period of reimbursement agreements from ten years to fifteen years.
2. Grant the Director of Facility Services authorization to extend reimbursement agreements in effect as of July 1, 2010 an additional five years, for a period not to exceed fifteen years.
3. Specify that the Director of Facility Services has authority to enter into reimbursement agreements when the total amount to be reimbursed is less than $50,000.
h. Dry Creek Joint Elementary School District – Resolution 2010-229 adopted taking the following actions:
1. Accepted all sewer-related improvements for the construction of the Creekview Ranch Middle School, located at 8779 Cook-Riolo Road, APN: 474-080-013-000, including the lift station, gravity sewer lines, forcemain, and other sewer appurtenance. Staff has inspected all work and found it to be in accordance with approved standards.
2. Authorized the Chairman to execute the Reimbursement Agreement with the Dry Creek Joint Elementary School District for construction of sewer improvements related to the construction of the School in County Service Area 28, Zone 173 (Dry Creek).
3. Authorized the Chairman to execute the Deferred Improvement Agreement with the School District to guarantee construction of an incomplete component of the sewer access road.
i. Project 40235, 2009/10 Trenchless Technology Sewer Rehabilitation – Resolution 2010-230 adopted accepting the project as complete and authorized the Director of Facility Services to execute and record the Notice of Completion.
j. Sewer Line Video Inspection, Project #40237 - Resolution 2010-231 adopted accepting the project as complete and authorized the Director of Facility Services to execute and record the Notice of Completion.
22. HEALTH & HUMAN SERVICES/ADULT SYSTEM OF CARE - Approved a contract with Sutter-Yuba Mental Health Services for inpatient psychiatric services from July 1, 2010 to June 30, 2012 in an amount not to exceed $217,918 and authorized the Director of Health and Human Services to sign the resulting contract and subsequent amendments up to 10 percent of the total contract amount. This contract is funded through a combination of Federal and State funds ($187,955), and a required County General Fund match of $29,963. $108,959 of these costs are included in the Department’s FY 2010-11 CEO Recommended Budget. The balance will be included in the Department’s FY 2011-12 Budget.
23. PERSONNEL - Uncodified ordinance introduced, first reading waived, with recommendations approved by the Placer County Civil Service Commission, amending Placer County Code, Chapter 3 affecting classification, compensation and allocation of position for the Flood Control District.
24. PROBATION - Authorized the Chief Probation Officer to sign a memorandum of understanding to allow for the Probation Department to share a facility with Placer County Office of Education at the Youth Resource Center in Roseville’s Sundown Education Center, in support of the Juvenile Justice Crime Prevention Act (JJCPA), as required by the Comprehensive Multiagency Juvenile Justice Plan funding allocation.
25. 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 #16861, Debt Collection Services/Administrative Services/Revenue Services - Approved Change Order #2 to Blanket Purchase Order #16861 with Access Capital Services, Inc, increasing the maximum amount by $60,900, for a revised maximum amount of $170,900.
b. Competitive Bid #9999, Furniture Rocklin Library/Facility Services - Awarded to Western Contract, in the amount of $186,889.30.
c. Blanket Purchase Order #16668, Library Materials/Library - Approved Change Order #3 to Blanket Purchase Order No. 16668 with Baker & Taylor, to increase the maximum amount by $50,000.
d. Blanket Purchase Order #16703, Ergonomic Chairs/Countywide - Approved Change Order #4 to Blanket Purchase Order #16703 with Jacobs Office Interiors, increasing the maximum amount by $10,000 and extending the expiration date to August 31, 2010.
e. Blanket Purchase Orders, Surveying Services, Eastern Placer County/Public Works - Renewed two Blanket Purchase Orders, in the maximum aggregate amount of $250,000.
26. PUBLIC WORKS/PLACER COMMUTER EXPRESS CONTRACT #12598, AMENDMENT #3 – Resolution 2010-232 adopted authorizing the Director of Public Works to execute, with County Counsel and Risk Management’s approval, Amendment #3 to Contract #12598, with Amador Stage Lines to reduce the monthly charge by $3,569.50 for the replacement of contractor’s buses with County owned buses.
27. REDEVELOPMENT - Resolution 2010-233 adopted authorizing the Redevelopment Director or designee to execute a two-year Parking Agreement with the Tahoe City Public Utility District beginning August 1, 2010 for the Redevelopment Agency-leased public parking lot on Jackpine Street in Tahoe City.
28. 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 $100 in Revenue Sharing monies to the American Cancer Society “Cruising for Health Car Show” to benefit the American Cancer Society’s Relay for Life of Auburn Event, as requested by Supervisor Holmes ($100).
b. Approved appropriation of $100 in Revenue Sharing monies to The Auburn Funk Box Derby Event to benefit Seniors First and the Auburn 20/30 Club, as requested by Supervisor Holmes ($100).
c. Approved appropriation of $250 in Revenue Sharing monies to the Placer County Sheriff’s Search & Rescue 2010 Fundraising Event to help offset the cost of new equipment and provide training, as requested by Supervisor Holmes ($250).
d. Approved appropriation of $500 in Revenue Sharing monies to the Placer Union High School District Summer Theatre Academy Program to assist with offsetting the cost of the program, as requested by Supervisor Holmes ($500).
***End of Consent Agenda***
ITEMS FOR INFORMATION:
29. Auditor-Controller – Supplemental Law Enforcement Services Fund Auditor’s Report for the period of 07/01/09-06/30/10.
30. Personnel - Classified Service Merit Increases.
ADJOURNMENT – Next regular meeting is Tuesday, September 7, 2010.
BOARD OF SUPERVISORS’ 2010 MEETING SCHEDULE:
September 7, 2010
September 14, 2010
September 28, 2010