COUNTY OF PLACER
BOARD OF SUPERVISORS
TUESDAY, NOVEMBER 8, 2011
Jack Duran, District 1 Thomas Miller, County Executive
Robert Weygandt, District 2, Chairman Anthony J. La Bouff, County Counsel
Jim Holmes, District 3 Holly Heinzen, Assistant County Executive
Kirk Uhler, District 4 Ann Holman, Clerk of the Board
Jennifer Montgomery, District 5, Vice Chairman
County Administrative Center, 175 Fulweiler Avenue, Auburn, CA 95603
FLAG SALUTE – Led by Chief Deputy County Counsel, Gerald Carden.
STATEMENT OF MEETING PROCEDURES - Read by Clerk.
PUBLIC COMMENT – 1) Marilyn Jasper, Loomis resident, spoke in regard to Revenue Sharing and requested no funds be shared until tax and compliance issues are clarified. 2) Dan Getz, Auburn resident, requested Sewer Maintenance District #1 not be included in the Regional Waste Water Treatment Plant and urged the Board to participate in the upgrade option. Chairman Weygandt advised that the Board will meet on December 6, 2011 at the Community Development Resource Agency to discuss the issue. 3) Angela Tahti, Placer Arts, invited all to participate in this weekends’ Autumn Art Studios tour.
SUPERVISOR’S COMMITTEE REPORTS – Supervisor Uhler advised the Placer County Transportation Planning Agency officially declared the I-80 bottleneck broken with 10 lanes of traffic capacity where there used to be 6, completed on time and under engineers cost estimates. Supervisor Holmes said it was Congressman Dolittle that got us $71 million for that project and trips to D.C. do pay off when meeting with the congressmen and their staff.
1. COUNTY EXECUTIVE/ECONOMIC DEVELOPMENT:
a. Conducted a public hearing under the Tax and Equity Fiscal Responsibility Act (“TEFRA”) in connection with the proposed issuance in one or more series of revenue bonds by the California Municipal Finance Authority (“CMFA”).
b. Resolution 2011-308 adopted approving the issuance of the Bonds by the CMFA and also authorized the Chairman or designee thereof to execute the Joint Exercise of Powers Agreement.
2. BOARD OF SUPERVISORS – Presented recipients of the Commemorative Coin Awards with their coins. District #1, Irwin Herman; District #2, City of Lincoln; District 3, Betty and Gary Doupnik; District #4, C.H. Vincent; District #5, Virgil Traynor and Ken Tokutomi. The recipients were personally chosen by the Supervisor for their district in recognition for either their acts of heroism, longstanding community service or exceptional acts that have dramatically improved or impacted people’s lives.
3. PUBLIC WORKS/DISSOLUTION OF ZONE OF BENEFIT 152 IN COUNTY SERVICE AREA 28 (CHELSHIRE DOWNS NORTH) - The Board took the following actions with regard to dissolution of County Service Area 28 (CSA28) Zone of Benefit 152 (Zone 152): a) Conducted a public hearing; b) Considered the Petition by landowners for Dissolution; and c) Adopted Resolution of Intention 2011-309 setting a public hearing to consider the elimination of extended services within the Chelshire Downs North subdivision and to cease all related charges. (Continued from October 11, 2011)
4. COMMUNITY DEVELOPMENT RESOURCE AGENCY/AGRICULTURAL PRESERVE AND WILLIAMSON ACT CONTRACT (PAGP 20110179 — MARK AND THERESE ADAMS) – Conducted a public hearing and Resolution 2011-310 adopted to establish an Agricultural Preserve and to execute a Williamson Act contract with Mark and Therese Adams for an existing vineyard and winery on a 20-acre parcel in the rural North Lincoln area. MOTION Duran/Holmes/Unanimous
5. OFFICE OF EDUCATION – Annual report on Williams Schools in Placer County presented by Gayle Garbolino-Mojica, County Superintendent of Schools.
6. COMMUNITY DEVELOPMENT RESOURCE AGENCY/Dry Creek Greenway Regional Vision Plan Adoption – Resolutions 2011-311 adopted certifying the Environmental Impact Report prepared for the project and adopted Resolution 2011-312 adopting the Dry Creek Greenway Regional Vision Document. MOTION Montgomery/Duran/Unanimous
7. ADMINISTRATIVE SERVICES:
a. Revenue Services - Authorized the execution of a three-year standard agreement with the State of California Franchise Tax Board Court-Ordered Debt Collection Program to collect on delinquent court-ordered fines, forfeitures and penalties, in the amount of $1,170,000.
b. Information Technology - Adopted the Placer County Information Technology Strategic Plan.
8. COUNTY EXECUTIVE:
a. Revenue Sharing - Affirmed general administrative process for consideration of requests for Revenue Sharing and authorized staff to make minor adjustments to the process as may be required as the program is implemented.
MOTION Uhler/Holmes VOTE 3:2 (Duran, Montgomery No)
b. Treasurer Tax Collector/Overview and Discussion of Financing Resources – Middle Fork Project - Received a presentation regarding financing resources including public debt, Middle Fork revenues, and discussion of approach to General Fund and other County program and project priorities and related financing resources.
c. Budget and Finance Policies – Middle Fork Project - Discussed and provided direction to staff to develop Budget and Finance Policies and funding criteria specific to revenues anticipated from the Middle Fork Project.
1. Affirmed existing Placer County Budget and Financial Policy as a basis for proceeding with development of the formal policy document.
2. Affirmed incorporation of additional concepts specific to financial management of Middle Fork Revenues as outlined in the final document.
9. FACILITY SERVICES:
a. South Placer Adult Correctional Facility, Contract Change Order, Audio-Visual System Revisions, Project #4764 – Approved and authorized the Chairman to execute Contract Change Order (CCO) #48 for Audio-Visual (A-V) system revisions, for the South Placer Adult Correctional Facility (SPACF), in the amount of $215,000. MOTION Holmes/Duran/Unanimous
b. Exclusive Right to Negotiate, Placer County Government Center – Resolution 2011-313 adopted authorizing the Director of Facility Services, or his designee, to execute an Exclusive Right to Negotiate Agreement between the County and Conkey Real Estate Development LLC (Conkey), in accordance with the Material Terms described in Exhibit A.
ADJOURNED AS THE PLACER COUNTY BOARD OF SUPERVISORS AND
CONVENED AS THE PLACER COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY
10. IN-Home Supportive Services Public Authority/FY 2011/2012 Budget and Agreements – The Board took the following actions for the In-Home Supportive Services (IHSS) Public Authority:
1. Approved the Public Authority Budget for FY 2011-12 in the amount of $870,498,
2. Approved an extension of the current Memorandum of Understanding with United Domestic Workers of America (UDWA) for 11 months, through November 30, 2012, at the current wage of $10.00/hour, and
3. Authorized Maureen F. Bauman to sign the Participation Agreement for the UDWA Placer County Benefits Fund.
ADJOURNED AS THE PLACER COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY
AND RECONVENED AS THE PLACER COUNTY BOARD OF SUPERVISORS
11. HEALTH & HUMAN SERVICES/ADULT SYSTEM OF CARE:
a. Psychiatric Services - Approved a contract employee agreement with Steve Sugden, M.D. as staff psychiatrist for the provision of inpatient psychiatric services from December 1, 2011 through November 30, 2012 with direct compensation of $276,704 (which includes compensation for after-hour coverage for 15 weeks) for a total compensation not to exceed $333,504, and authorized the Chairman to sign subsequent amendments up to 10 percent of the original contract amount.
b. US Department of Housing and Urban Development - Approved the renewal grant agreement with the U.S. Department of Housing and Urban Development to receive funds for Permanent Supportive Housing in the amount of $299,927 for a 12-month term, beginning December 1, 2011, plus a required County General Fund match of $28,936. The funding provides on-going housing rental subsidies and self-sufficiency services to homeless mentally ill and disabled individuals and their families. MOTION Montgomery/Duran/Unanimous
12. COUNTY COUNSEL/CLOSED SESSION REPORT:
(A) §54956.9 – CONFERENCE WITH LEGAL COUNSEL
1. Anticipated Litigation:
(a) Initiation of litigation pursuant to subdivision (c) of Government Code §54956.9: one potential case – The Board gave direction to Counsel.
2. Existing Litigation:
(a) Joshua Daniel Mills, et al. v. Placer County Sheriff’s Department, et al., USDC Eastern District Court Case No. 2:11-cv-1852 JFM - The Board authorized the defense in indemnity of the County officials and employees served in the litigation.
(b) Melanie I. Cornell v. That Certain Instrument Entitled “Deed of Trust,” under Recorder’s Document Number 20111005747 originally dated August 8, 2005 and filed in Nevada County, et al. Nevada County Superior Court Case No.: 77977 – The Board authorized the defense in indemnity of the Placer County Clerk Recorder.
(B) §54957.6 - CONFERENCE WITH LABOR NEGOTIATORS – The Board did not discuss.
(a) Agency designated representatives: Tom Miller, Nancy Nittler, Therese Leonard, Gerald Carden
Employee organization: PPEO
CONSENT AGENDA – Item 18c moved for separate vote and Item 19a & 21e moved for discussion. Consent Agenda approved as amended with action as indicated.
13. AGRICULTURE - Resolution 2011-300 adopted authorizing the Chairman to sign a letter to the South Sutter Water District stating Placer County’s opposition to construction of a dam on the Bear River at Garden Bar.
14. BOARD OF SUPERVISORS – Approved minutes of October 11, 2011.
15. CLAIMS AGAINST THE COUNTY – Rejected the following claims, as recommended by the offices of County Counsel and Risk Management:
a. 11-157, Bechhold, Jerry, $100,000, (Personal Injury)
b. 11-158, Bechhold, Jerry, $100,000, (Personal Injury)
16. COMMITTEES & COMMISSIONS:
a. Tahoe City Design Review Committee - Approved the re-appointment of Michael Bernard to Seat #3, as requested by Supervisor Montgomery.
b. Auburn Cemetery District – Approved the appointment of Linda Durham to Seat 2 as requested by Supervisor Holmes.
c. Auburn Veterans Memorial Hall Board of Trustees – Approved the reappointments of Courtland Bradbury representing American Legion Post 84, George Simmons representing VFW 1942, Lee Roy Hubbard representing DAV 80, Bonnie Potter representing Navy League, H.L. Hap Arnold representing Flt. Res. Assoc, M. Lode 296, Albert Baldoni representing Alternate VFW 1942, Jeanne Carlson representing Fleet Reserve 296 Auxiliary Non Voting, Rose Agles representing American Legion Post 84 Auxiliary Non Voting, Bonnie Bradbury representing American Legion Post 84 Alternate Auxiliary Non Voting and appoint Coralee Arnold representing Alternate Fleet Reserve 296 Auxiliary, as recommended by Supervisor Holmes.
d. Wastewater Advisory Committee - Approved the reappointments of Joe Olsen representing P.A.G.E.S., Rick Bluhm representing Placer County Assn. of Realtors, David Honeycutt representing On-Site Sewage Disposal consultant, David Buck representing public at-large, Kevin Bell representing Placer County Facility Services with terms expiring 10-31-2013, and approve the reappointment of Kenneth Denio representing Placer County Planning Commission with a term expiring 10-31-2012 as requested by Health and Human Services, Environmental Health.
17. COMMUNITY DEVELOPMENT RESOURCE AGENCY:
a. Building – Approved the appointment of Michael Rodriguez as an interim Administrative Hearing Officer pursuant to Placer County Code Chapter 17, Section 17.62.180 (D)(1).
b. Timilick Tahoe (aka Eaglewood) Phase 2A, Tract 963, PSUB20040186 - Approved the Subdivision Improvement Replacement Agreement for Timilick Tahoe Phase 2A:
1. Authorized the Chairman to sign the Subdivision Improvement Replacement Agreement (SIRA).
2. Instructed the Clerk of the Board to prepare the SIRA for recording.
18. COUNTY EXECUTIVE:
a. County Services - Received an informational report on fees and other charges for county services.
b. Northstar Community Services District Annexation - Authorized the Chairman to sign the property tax sharing agreement with the Northstar Community Services District (NCSD) pursuant to their proposed annexation of assessor’s parcel numbers 110-050-050 and 110-050-038. As a result of the annexation, these parcels will be within the NCSD boundaries, and the district will provide water and sewer services.
c. MOVED FOR SEPARATE VOTE Sierra Lakes County Water District Assessment District No. 2011-1- Adopt a Resolution approving the proposed Resolution of Intention of the Sierra Lakes County Water District to form the District’s Assessment District No. 2011-1 to finance improvements to the wastewater treatment facility, pursuant to Section 10104 of the California Streets and Highways Code.
19. COUNTY EXECUTIVE/PERSONNEL
a. MOVED FOR DISCUSSION ICMA-RC Retirement Health Savings Plan – It is recommended that your Board take the following actions:
1. Approve the VantageCare RHS Plan Declaration of Trust, Retiree Welfare Benefits Plan, Employer VantageCare Retirement Health Savings Plan Adoption Agreement with Plan Amendment Letter, and the ICMA-RC Administrative Services Agreement and authorize the Personnel Director to sign all documents as needed for plan implementation.
2. Adopt a Resolution to adopt the VantageCare Retirement Health Savings Plan with ICMA-RC.
3. Introduction of an ordinance adjusting the compensation and benefits of classified and unclassified management, elected officials, and confidential employees.
b. Side Letter of Agreement/Placer Public Employee Organization - The Board took the following actions
1. Approved the Side Letters of Agreement with the Placer Public Employees Organization (PPEO) and authorized the Chairman to sign the agreements: Holiday Credit Account, Vacation Cash Out, Overtime Compensation and District Attorney and Child Support Attorney Leave.
2. Ordinance introduced, first reading waived, adjusting the compensation and benefits of PPEO represented General and Professional Unit employees and Confidential employees.
20. COUNTY EXECUTIVE/ECONOMIC DEVELOPMENT – Resolution 2011-305 adopted approving an amendment to Resolution 2011-39 adding one seat representing non-profits to the By Laws of the Placer County Economic Development Board. The additional seat will increase the Ad Hoc Technical Advisory Resource representatives to seven and the overall membership of the Board to 15.
21. FACILITY SERVICES:
a. Job Order Contracting, Project #9486.01 - Approved Plans and Specifications and authorized staff to solicit bids for Job Order Contracting, Project #9486.01.
b. Blanket Purchase Order #18285 - Approved an increase to Blanket Purchase Order #18285 with Anderson Sierra Pipe, Inc. of Auburn, CA for plumbing supplies; and authorized the Purchasing Manager, or his designee, to sign the resulting change order increasing the not to exceed amount by $35,000. This revision will increase the not to exceed amount from $86,900 to $121,900.
c. Sewer Maintenance District #3 - Approved a refund request from Sewer Maintenance District 3, in the amount of $7,505 on a voided Sewer Permit and directed the Auditor-Controller to pay said amount to Scott and Stacy Miller.
d. Health and Human Services/Lease Amendment 1000 Sunset Boulevard, Rocklin, CA - Resolution 2011-301 adopted delegating authority to the Director of Facility Services or his designee (DFS) to complete negotiations and execute Amendment No. 2 to Lease Agreement No. CN028106 (Lease) between the County of Placer and Sunset Commercial Center, LLC, a California limited liability company (Landlord), allowing the Landlord’s performance of Tenant Improvements (Improvements) within Health and Human Services Human Services Division’s (HHS) premises located at 1000 Sunset Boulevard, Suite 220, in an amount not to exceed $21,000; and, authorizing the DFS to execute and carry out Future Improvements based on the Material Terms.
e. MOVED FOR DISCUSSION Hidden Falls Regional Park - Authorize the Purchasing Manager to execute a Blanket Purchase Order to the California Conservation Corps in an amount not to exceed $150,000, for a fuel load reduction project at Hidden Falls Regional Park.
22. HEALTH & HUMAN SERVICES:
a. In-Home Supportive Services Caregiver Recognition Week – Resolution 2011-302 adopted proclaiming the week of November 7-13, 2011 as Placer County IHSS Caregiver Recognition Week.
b. Mental Health America of Northern CA - Approved a contract with Mental Health America of Northern California to provide a Consumer Affairs Supervisor from November 8, 2011 to June 30, 2013 in the amount of $83,183 and authorized the Director of Health and Human Services to sign the resulting contract and subsequent amendments up to 10% of the total amount.
23. 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, Construction Management Services for Public Projects in Eastern Placer County/Public Works - Renewed a blanket Purchase Order with Construction Materials Engineers for Construction Management Services for Public Projects in Eastern Placer County in the maximum amount of $165,000.
b. Extend Qualified List/Facility Services/Park and Grounds and Community Development Resource Agency - Extended the Qualified List for Hazardous Vegetation Abatement Services, as a Result of Competitive Request for Qualifications #9818.
c. Blanket Purchase Order, Lumber, Building Materials, Tools and Miscellaneous Hardware/Facility Services - Renewed Blanket Purchase Orders Using a Competitively Bid Public Agency Cooperative Agreement with Home Depot for Lumber, Building Materials, Tools and Miscellaneous Hardware in the maximum amount of $80,000.
d. Competitive Bid, Card Lock Fuel Service/Public Works/Fleet Services - Awarded Competitive Bid #10112 to Dawson Oil Company and Ramos Oil Company for Card Lock Fuel Service in the total aggregate amount of $245,000.
e. Blanket Purchase Order Change Order, Metasys Preventive Maintenance/Facility Services - Approved Change Order #1 to Blanket Purchase Order #19177 with Johnson Controls, Inc. for Metasys Preventive Maintenance in the amount of $44,914.00 for a revised maximum amount of $94,914.
f. Competitive Bid, Bus Body Repair and Painting Services/Public Works/Fleet Services - Awarded Competitive Bid #10107 to Transportation Services Inc for Bus Body Repair and Painting Services in the maximum amount of $67,500.
g. Blanket Purchase Order Change Order, Postage Meter Rental/County Counsel - Approved Change Order #1 in the amount of $1,522.52 to Blanket Purchase Order #18441 with Francotyp-Postalia, Inc., Doing Business as FP Mailing Solutions for Postage Meter Rental, extending the effective term through November 7, 2013 at a total cost not to exceed $1,644.40.
h. Contract Renewal, Employee Benefits Program Management/Personnel - Approved the two-year renewal of Contract #KN020766 with Financial Benefits Management Company for Employee Benefits Program Management in the maximum amount of $36,000.
i. Competitive Bid, Snow Removal Services, Various Departments - Awarded Competitive Bid #10103 for now Removal Services to Agate Snow Removal, R-1 Snow Removal Inc., Sierra Tahoe Sealing and Striping, Yankton Excavating Inc., and Gensburg and Sons for Snow Removal Services in the maximum aggregate amount of $142,040.
24. PUBLIC WORKS:
a. Contract #1110 Hot Mix Asphalt Overlay, Summer 2011 – Resolution 2011-303 adopted increasing the authority of the Director of Public Works to authorize and execute construction Contract Change Orders (CCO) with Delta Construction Company for the Summer 2011 Hot Mix Asphalt (HMA) Overlay Project by an additional $75,000 for a total contract not to exceed an amount of $1,461,000.
b. County Service Area 28, Zone of Benefit #71 (Placer Canyon Subdivision) – Resolution 2011-304 adopted authorizing the Director of Public Works to execute an Agreement with the Placer Canyon Homeowners Association for the disposition of unexpended funds within County Service Area 28, Zone of Benefit 71.
c. Snow Removal Agreement/Town of Truckee 2011/2012 – Resolution 2011-306 adopted authorizing the Director of Public Works to execute an Agreement with the Town of Truckee to provide snow removal services on approximately three miles of Placer County maintained roadways near the Town of Truckee border at four separate locations in an amount not to exceed $100,000.
a. Approved the five-year master agreement between Sheriff’s Office and the USDA Forest Service and authorized the Sheriff to sign and execute the Agreement. The services include Visitor Protection Cooperative Patrol and Controlled Substances on Federal lands. Updated exhibits which included annual funding estimated at $42,000 are provided and submitted for your Board’s approval in May of each year. This agreement period is from November 1, 2011 to September 30, 2016.
b. Approved the FY 2011-2012 Anti-Drug Abuse (ADA) Enforcement Program grant application related to the Special Investigations Unit staff and authorized the Chairman to sign and the Sheriff to execute the grant application. The grant amount of $175,438 will be allocated to the Sheriff’s Office task force operational costs including one Deputy Sheriff II and overtime for allied agencies assigned to the task force. The grant period is from is from July 1, 2011 to June 30, 2012.
***End of Consent Agenda***
CONSENT AGENDA ITEMS MOVED FOR SEPARATE VOTE/DISCUSSION:
18. COUNTY EXECUTIVE:
c. Sierra Lakes County Water District Assessment District No. 2011-1- Resolution 2011-299 adopted approving the proposed Resolution of Intention of the Sierra Lakes County Water District to form the District’s Assessment District No. 2011-1 to finance improvements to the wastewater treatment facility, pursuant to Section 10104 of the California Streets and Highways Code.
MOTION Holmes/Uhler/Unanimous VOTE 4:0 (Montgomery recused)
19. COUNTY EXECUTIVE/PERSONNEL
a. ICMA-RC Retirement Health Savings Plan - The Board took the following actions:
1. Approved the VantageCare RHS Plan Declaration of Trust, Retiree Welfare Benefits Plan, Employer VantageCare Retirement Health Savings Plan Adoption Agreement with Plan Amendment Letter, and the ICMA-RC Administrative Services Agreement and authorized the Personnel Director to sign all documents as needed for plan implementation.
2. Adopted Resolution 2011-307 to adopt the VantageCare Retirement Health Savings Plan with ICMA-RC.
3. Ordinance introduced, first reading waived, adjusting the compensation and benefits of classified and unclassified management, elected officials, and confidential employees.
21. FACILITY SERVICES:
e. Hidden Falls Regional Park - Authorized the Purchasing Manager to execute a Blanket Purchase Order to the California Conservation Corps in an amount not to exceed $150,000, for a fuel load reduction project at Hidden Falls Regional Park.
ITEMS FOR INFORMATION:
26. Community Development Resource Agency - Placer County Comments on the Tahoe Regional Planning Agency’s Reorganized and Reformatted Code of Ordinances – Revised Stakeholder Review Draft.
27. Treasurer-Tax Collector - Treasurer’s Statement for the month of September 2011.
ADJOURNMENT – Next regular meeting is Tuesday, November 15, 2011.
BOARD OF SUPERVISORS’ 2011 MEETING SCHEDULE:
November 15, 2011 (Tahoe)
December 6, 2011 (CDRA)
December 13, 2011