COUNTY OF PLACER
BOARD OF SUPERVISORS
TUESDAY, JANUARY 18,
2005
SUMMARY ACTION
9:00
a.m.
Bill Santucci, District 1, Vice
Chairman Jan
Christofferson, County Executive
Robert Weygandt, District 2, Chairman Robert
Bendorf, Assistant County Executive
Jim Holmes, District 3 Anthony
J. La Bouff, County Counsel
Edward “Ted” M. Gaines, District 4 John
Marin, Administrative Officer
Bruce Kranz, District 5 Ann
Holman, Clerk of the Board
County
Administrative Center, 175 Fulweiler Avenue, Auburn, CA 95603
9:00
a.m.
FLAG
SALUTE - Led
by Supervisor Santucci.
STATEMENT
OF MEETING PROCEDURES
- Read by Clerk.
PUBLIC
COMMENT – Stewart Feldman suggested the County request
Chevreaux aggregate truck operators, coming out of Meadow Vista for the Highway
80 restoration project, start at 8:30 or 9:00 p.m., when children are not
active in the area.
SUPERVISOR’S
COMMITTEE REPORTS: None given.
CONSENT
AGENDA – Item 6a and 11 removed for discussion. Consent Agenda approved as amended with
action as indicated. MOTION Santucci/Holmes/Unanimous
1. ORDINANCES – Second reading:
(PDF)
a. Personnel/Civil Service Commission – Ordinance 5344-B (PDF) adopted amending Chapter 3, Section 3.12.010, Allocation of Positions relating to Health and Human Services and Sheriff.
2. WARRANT
REGISTERS – Weeks ending December 10, 17, 24 and 31, 2004.
3. BOARD OF SUPERVISORS:
a. Approved
contract with Joann Bates (PDF) to provide secretarial services to the
Foresthill Forum Advisory Council, Meadow Vista Municipal Advisory Council, North Aubrn Muncipal
Advisory Council and the Weimar/Applegate/Colfax
Municipal Advisory Council.
b. Approved contract with Lois
Clausen (PDF) to provide secretarial services to the Rural Lincoln
Municipal Advisory Council and the Sheridan Municipal Advisory Council.
c. Approved minutes (PDF) of November 2, 23, and December 7, 14, 29, 2004.
4. CLAIMS AGAINST THE COUNTY (PDF) – Rejected the following claims as recommended by County Counsel:
a. 04-130,
Barnett, Virginia, $25,000+, (Wrongful Death).
b. 04-134,
Christoff, Robert, $200,000+, (Bodily Injury).
c. 04-140,
Saldivar, Brandon, $1,380, (Reimbursement of Fees).
5. COMMITTEES
& COMMISSIONS:
a. County Parks
Commission – Approved appointment of Rich Murray to Seat #7, (District #5) as
requested by Supervisor Kranz.
b. Greater Auburn Area Fire Safe
Council (PDF) - Approved appointment of Glenda J. Freeman to Seat #3,
(District #3) as requested by Supervisor Holmes.
c. Horseshoe Bar Area Municipal
Advisory Council (PDF) – Approved appointment of Dennis Gage to Seat #5, as
requested by Supervisor Holmes.
d. In-Home Supportive Services Advisory
Committee – Approved reappointment of Deborah Dahl to Seat #1, (Service
Recipient/Parent/Guardian).
e. Library Advisory Board (PDF)
- Approved appointment of Casey Klein to Seat #5 (District #5), as requested by
Supervisor Kranz.
f. Planning Commission – Approved
reappointment of James Forman to Seat #3 (District #3), as requested by
Supervisor Holmes.
g. Rural Lincoln Municipal
Advisory Council (PDF) – Approved appointment of Deirdre E. Lefty to Seat
#4, as requested by Supervisor Weygandt.
6. COUNTY COUNSEL:
a. ITEM
MOVED FOR DISCUSSION - Resolutions (13) amending the
authorizing resolution for each Municipal Advisory Council (PDF)
(hereinafter “MAC”) in the County of Placer to change the term of member
appointments from two years to four years for MACs within supervisorial
districts one, three, four, and five, reflect consistent language and
format for each authorizing resolution, immediately vacate currently seated MAC
members in district five, and fix the member terms for all MACs, except those
in district two, to commence with supervisorial terms.
b. Approved appointment of
Anthony La Bouff, (PDF) County Counsel, or a designated representative of
his office, and Timothy B. Balcom, Placer County Bar Association President, to
the Law Library Board of Trustees.
7. COUNTY EXECUTIVE:
a. Approved a merit increase for Kristina Shramek (PDF), Deputy County Counsel II, from Step 2 to Step 3, retroactive to December 25, 2004.
b. Approved a merit increase for
Kristen Spears (PDF), Assistant Assessor, from Step 1 to Step 2, effective
January 22, 2005.
c. County Service Area #28, Zone
of Benefit #165 (Dry Creek Fire) (PDF) - Resolution 2005-09 (PDF)
adopted removing 3,162 acres of territory from County Service Area #28, Zone of
Benefit #165, due to annexation of the area by the City of Roseville. As a result of the annexation, this territory
is now within the service responsibility of the City of Roseville.
8. COUNTY EXECUTIVE/ECONOMIC DEVELOPMENT (PDF) – Resolution 2005-10 (PDF) adopted supporting renewal of the County of Placer's Recycling Market Development Zone (RMDZ) Program; adopted the Negative Declaration for the project to renew the Program, approved the submittal of an RMDZ renewal application to include the cities of Roseville, Rocklin, Lincoln, Auburn, Colfax and the Town of Loomis and agreed to administer the RMDZ Program.
9. COUNTY EXECUTIVE/LOCAL AGENCY
FORMATION COMMISSION (LAFCO) (PDF) – Ordinance introduced, first reading
waived, amending Chapter 3, Section 3.08.070 and 3.12.030, relating to title and
specification changes to the Local Agency Formation Commission Executive
Officer/General Counsel position in the unclassified service and modified the
salary to be commensurate with the newly adopted duties.
10. HEALTH & HUMAN
SERVICES/ADULT SYSTEM OF CARE (PDF) - Approved acceptance of the Sutter
Hospital 2005 Community Benefit Grant Program award, in the amount of $32,000,
to receive funds for the Senior Peer Counseling Program and authorized the
Director of Health & Human Services to sign the grant agreement.
11. ITEM MOVED FOR DISCUSSION/PLANNING - Authorize the Chairman to sign
letter to the U.S. Fish and Wildlife Service (PDF) regarding proposed
designation of "Critical Habitat" for certain species that inhabit
vernal pools in Western Placer County.
12. PROCUREMENT SERVICES - Authorized the Purchasing Manager to sign the following:
a. Bid #9300, Floor Covering & Services/Facility Services (PDF) – Renewed bid with Contract Furnishings, in the maximum amount of $90,000.
b. Purchase Order #11842, Compressed Natural Gas/Public Works (PDF) – Approved Change Order #1 to blanket purchase order with Pacific Gas & Electric, in the maximum amount of $44,000.
c. Purchase Order #11918, Auto Painting & Repairs/Public Works (PDF) – Approved Change Order #1 to blanket purchase order with Maaco Auto Painting & Body Work, in the maximum amount of $30,000.
d. Purchase Order, Aviation Fuel/Sheriff (PDF) – Awarded blanket purchase order to Multiservice of Overland Park, in the maximum amount of $55,000.
13. PUBLIC WORKS/AUBURN RAVINE
ROAD RIGHT-TURN LANE PROJECT, CONTRACT #73190 (PDF) – Resolution 2005-11 (PDF)
adopted authorizing the Director of Public Works to execute the Notice of
Completion for the project.
14. PUBLICWORKS/BICKFORD
RANCH SUBDIVISION PROJECT:
a. Construction Management,
Inspection & Testing Services, Contract #73186 (PDF) – Resolution 2005-12 (PDF)
adopted authorizing the Director of Public Works to sign and execute Contract
Amendment #1 with Bickford Holdings, LLC, to execute annual contract renewals
and to execute documents and take other actions to implement the contract.
b. Construction Management,
Inspection & Testing Services, Contract #020455 (PDF) – Resolution 2005-13 (PDF)
adopted authorizing the Director of Public Works to sign and execute Contract
Amendment #1 with Parson Brinckerhoff, Inc., to execute annual contract
renewals and to execute documents and take other actions to implement the
contract.
*** End of Consent
Agenda***
The following items were moved from the
consent Agenda for discussion:
6. COUNTY COUNSEL:
a. Resolutions (13)
amending the authorizing resolution for each Municipal Advisory Council (PDF)
(hereinafter “MAC”) in the County of Placer to change the term of member
appointments from two years to four years for MACs within supervisorial
districts one, three, four, and five, reflect consistent language and
format for each authorizing resolution, immediately vacate currently seated MAC
members in district five, and fix the member terms for all MACs, except those
in district two, to commence with supervisorial terms.
MOTION
Kranz/Santucci/Unanimous, to direct staff to re-write the resolutions, changing
to two-year calendar terms, to commence with supervisorial terms over time,
with District 2 remaining unchanged, immediately vacating the Foresthill Forum,
Meadow Vista, Weimar-Applegate-Colfax, Squaw Valley, and North Tahoe Municipal
Advisory Councils and present the resolutions to the Board at a future meeting.
11. PLANNING -
Authorized the
Chairman to sign letter to the U.S. Fish and Wildlife Service (PDF)
regarding proposed designation of "Critical Habitat" for certain
species that inhabit vernal pools in Western Placer County. MOTION Gaines/Santucci/Unanimous
DEPARTMENT
ITEMS TO BE DISCUSSED BEFORE NOON, AS TIME ALLOWS
DEPARTMENT ITEMS:
15. COUNTY CLERK/ELECTIONS (PDF)
– Approved budget revision authorizing payoff of the existing finance agreement
for the Elections Optical Scan Voting System, as required for receipt of
additional Proposition 41 Voting Modernization Funds from the State, authorized
the Purchasing Manager to execute financial documents, and approved reserving
the net funds received from the State for future required touch screen voting
equipment purchases. MOTION Holmes/Santucci/Unanimous
16. COUNTY
EXECUTIVE:
a. Public Fireworks Displays
(PDF) - Received a formal update on proposed
fireworks ordinance revisions and a report on the results of a public meeting
held on January 10, 2005, in North Lake Tahoe.
b. Sierra Nevada Conservancy
(PDF) – Approved appointment of Supervisor Weygandt
to confer with appointed members from the other counties (El Dorado, Nevada and
Yuba), within the central sierra sub region, to jointly select a County
Supervisor from the sub region to serve on the Sierra Nevada Conservancy
Board. MOTION Kranz/Holmes/Unanimous
17. COUNTY EXECUTIVE/EMERGENCY SERVICES:
a. North Tahoe Fire Protection
District (PDF) - Resolution
2005-14 (PDF) adopted approving the North Tahoe Fire Protection District
2004 Capital Facilities and Mitigation Fee Expenditure Plan with a 1.0%
Consumer Price Index-Urban Consumer fee increase. MOTION Holmes/Gaines/Unanimous
b. Placer Consolidated Fire
Protection District (PDF) - Resolution 2005-15 (PDF)
adopted approving the Placer Consolidated Fire Protection District FY 2004/05
Capital Improvement Plan with a 2.1% Consumer Price Index-Urban Consumer fee
increase. MOTION Holmes/Gaines/Unanimous
18. COUNTY COUNSEL/CLOSED SESSION
REPORT (PDF):
(A) §54956.9 - CONFERENCE WITH LEGAL COUNSEL
(1) Existing Litigation:
(a) Western
Placer Citizens for an Agricultural and Rural Environment (WPCARE), a
California non-profit corporation, County of Placer and County of Placer Board
of Supervisors; vs. Teichert, Inc., and Does 1-20, Placer County Superior Court
Case No.: SCV-15349. The Board
authorized County Counsel to retain the services of Morrison and Foerster,
particularly Michael Zischke, to assist and authorized a contract up to $7,500.
(b) Pacific Gas and
Electric Company vs. State Board of Equalization, et al, Fresno County Superior
Court Case No. 05-CE-CG-00003-MWS. The Board was apprised that Pacific Gas
and Electric has filed an action seeking a tax refund and authorized the
County's participation with other counties involved in the litigation in a
joint defense.
(c) Sierra Club, et al. vs. Placer County, et
al., Placer County Superior Court Case No.: SCV12789, Bickford Ranch Heritage
Coalition, et al., vs. County of Placer, et al., Placer County Superior Court
Case No.: SCV12793, (CONSOLIDATED), Third Appellate District Case No.:
C047630. The Board received a
status report.
(d) Sierra Club, et al. vs. Placer County, et al., Placer County Superior Court Case No.: SCV16428, Court of Appeal, Third Appellate District Case No.: C047440. The Board received a status report.
(e) Sierra
Club, et al. vs. Placer County, et al., Placer County Superior Court Case No.:
SCV14130. The Board received a
status report.
TIMED
ITEMS TO BE DISCUSSED AT THE TIME SHOWN:
9:05 a.m.
19. PRESENTATION (PDF) –
Presentation of a resolution by Christine Rydell on behalf of Senator Aanestad
to Supervisor Kranz congratulating him on his outstanding service as a Senate
employee on his staff.
9:30 a.m.
20. FACILITY SERVICES/EASTERN
REGIONAL MATERIALS RECOVERY FACILITY (PDF):
a. Closed
public hearing and approved new solid waste tipping fees for disposal of
television sets and computer monitors at the facility.
MOTION Holmes/Gaines/Unanimous 4:0
(Santucci temporarily absent)
b. Approved
a contract amendment with Tahoe Truckee Disposal Co., Inc., incorporating the
addition of recommended tipping fees.
MOTION Holmes/Gaines/Unanimous 4:0
(Santucci temporarily absent)
c. Made
a finding pursuant to Section 21080(b)(8) of the Public Resource Code that the
new fees are derived directly from the cost of providing service and are
necessary to meet operating expenses and are exempt from environmental review.
MOTION Holmes/Gaines/Unanimous 4:0
(Santucci temporarily absent)
10:30 a.m.
Workshop
Placer County Administrative Center
County Executive Office, Conference Room
1
Auburn, CA
21. PERSONNEL/WORKFORCE PLANNING
(PDF) - Received information
and findings from staff related to the Workforce Analysis and Planning project
and directed staff to bring back, within
the next two months, specific policy recommendations concerning
recruitment, retention, training, and other related employment issues.
12:00 NOON
22. LUNCH – At the Placer County Administrative Center, Conference Room A, 175
Fulweiler Avenue, Auburn - Agenda Scheduling and the Year 2005 Committee
Assignments.
1:30 p.m.
23. PLANNING/APPEAL/MAJOR
SUBDIVISION/CONDITIONAL USE PERMIT/SILLER RANCH
(SUB-424/CUP-3008) AND ENVIRONMENTAL IMPACT REPORT (EIR)/STATE
CLEARINGHOUSE (SCH) #2003022122 (PDF) - Continued public hearing to discuss the information and take final action
to certify the EIR, adopt the statement of overriding considerations and
proposed findings, approve the use permit and approve the tentative subdivision
map, subject to any changes in findings or conditions deemed appropriate after
the Board's deliberations. (Continued
from 12-7-04)
The property (APN #080-160-005, 006, 011, 012; 110-030-002, 003) is located in Martis Valley, south of the Lahontan Subdivision, at the southern end of Schaffer Mill Road, and is currently zoned RS-BX 20-acre min.-PD 0.72, O, OP (Residential Single-Family, Combining Building Site of 20-acre min., Combined Planned Development of 0.72 dwelling units per acre, and Open Space and Office and Professional). The Board of Supervisors will also consider certification of the EIR for the project (SCH #2003022122).
The original hearing held on October
18, 2004 was held in order to consider the appeals from the Town of Truckee and
from the law office of Shute, Mihaly, and Weinberger, on behalf of Sierra
Watch, the Sierra Club, the Mountain Area Preservation Foundation, the League
to Save Lake Tahoe, and the Planning and Conservation League. The appellants
appealed the Planning Commissions’ certification of the environmental impact
report (EIR) and approval of the Siller Ranch project proposed by Ron Parr/DMB
Highlands Group. The Siller Ranch
project consists of 726 residential units, an 18-hole golf course and
clubhouse, a par-3, 9-hole golf course, an amphitheatre and other recreational
amenities, public and private trails and open space. The October 18, 2004 hearing was continued to
December 7, 2004, to permit further discussion regarding trails and affordable
housing requirements. On December 7,
2004, the Board held a public hearing and took testimony related to the trails and
affordable/employee housing issues. The
Board directed staff to collaborate with the Town of Truckee on the employee
housing issue and return to the Board regarding the affordable/employee housing
issue only. The December 7, 2004 hearing
was continued to February 22, 2005 at 1:30 p.m., to further consider the
affordable/employee housing requirements, and is now scheduled for January 18,
2005 at 1:30 p.m.
Public comment will be limited to the
Project’s affordable/employee housing requirements.
MOTION: Santucci/Gaines/Unanimous 3:0
(Kranz and Holmes abstained), to accept the minor changes made to the CEQA
findings, add the letter from Pacific Municipal Consultants (PMC) regarding
their analysis of the changed affordable housing requirement, concluding there
are no new environmental issues raised by that change, deny the appeals of the
Planning Commission’s approval of the Siller Ranch project, certify the Siller
Ranch project EIR, adopt the CEQA findings of fact including the findings
table, adopt the proposed project findings, and adopt resolution 2005-16 which
approves the Siller Ranch project including the vesting tentative map, the
conditional use permit and adopted and imposed the recommended conditions of
approval including the most recent version of Condition #150, as discussed
today.
2:00 p.m.
24. PLANNING/CONDITIONAL USE
PERMIT/"NORTHSTAR-AT-TAHOE, MOUNTAIN IMPROVEMENT
PROJECTS"/PCPBT20040590) ENVIRONMENTAL IMPACT REPORT (EIR) (PDF) -
Public hearing to consider an appeal of the
Planning Commission's approval of a Conditional Use Permit entitlement package
for the mountain improvements included in the certified Mountain Improvement
Project EIR. After an appeal to the
Board of Supervisors, the Mountain Improvements Project (MIP) Final
Environmental Impact Report (EIR) was certified in July 2004. The Echo Lift Replacement Project, a
component of the MIP, was issued a Conditional Use Permit in July 2004 and an
Improvement Plan approval in August 2004, and is currently being constructed. The remaining components of MIP are the
subject of this appeal and include new ski lifts, replacements lifts and
associated ski trails. All activities
will occur on portions of the resort that are already developed for ski
activity. The appeal has been filed by
the Mountain Area Preservation Foundation.
The APNs 080-260-008, 080-260-013, 110-030-062, 110-030-066, 110-050-017,
110-050-023, 110-050-024, 110-050-036, 110-050-041, 110-050-042, 110-050-043,
110-050-038, 110-050-040, 110-080-051, 110-080-052, and 110-080-059 are located
at the Northstar-at-Tahoe ski resort properties.
MOTION: Kranz/Holmes/Unanimous, to modify the
dates in Condition 47 to reflect the action taken today, deny the appellants’
request for a continuance, deny the appeals of the Planning Commission’s
approval of the Northstar Mountain Area Improvements project, find that the
previously certified Northstar Mountain Area Improvements project EIR is
adequate and appropriate for approval of the conditional use permit and no
substantial changes in the project or circumstances have occurred which would
require preparation of a subsequent or supplemental EIR, adopt the proposed
CEQA findings, adopt the project findings and adopt, impose and incorporate the
proposed conditions of approval.
2:30 p.m.
25. PLANNING/MAJOR
SUBDIVISION/CONDITIONAL USE PERMIT/"HIGHLANDS VILLAGE" (PSUB20040612)
MITIGATED NEGATIVE DECLARATION (EIAQ-3785) (PDF) - Public hearing to consider two appeals related to
the Planning Commission's approval of a Major Subdivision/Conditional Use
Permit to allow for a Planned Development (PD) of a +/- 13 acre property in the
Dollar Hill area consisting of a mix of 50 market rate single-family housing
units, 78 affordable senior apartments and +/- 4,800 sq. ft. of commercial
development. One appeal was filed by the
project applicant who seeks approval for a gated entry feature. The other was filed by the Highlands
Homeowners' Association and challenges the environmental review of the project.
The property (APN #093-160-072, -076,
-077, -078, -065) is zoned PAS009B, consists of 13 acres +/- and is located at
3205 North Lake Boulevard, Tahoe City.
MOTION: Kranz/Santucci/Unanimous, to overturn
the decision of the Planning Commission on the gated entry, allowing the gated
entry, and upholding Mr. Nahas’ appeal on that issue alone.
MOTION: Kranz/Santucci/Unanimous, to deny the
appeal of the Highlands Homeowners Association and uphold the decision of the
Planning Commission with the substantive changes in the conditions that have
been discussed; (the addition of a new Condition #67 and renumbering of Conditions
thereafter; changing of Condition #1, and replacing the date in Condition #70
to January 18, 2008), adopt the findings on Pages 822 and 823 of the agenda, adopt
the CEQA findings on pages 863 and 864 of the agenda, and certify the negative
declaration, and adopt the Conditions as approved by the Planning Commission
except for the modifications.
ITEMS
FOR INFORMATION:
26. AUDITOR-CONTROLLER:
a. Report of Refunds (PDF) –
Report of refunds of $1,000 or less issued by the Auditor-Controller from
January 1, 2004 to December 31, 2004, for a total of $78,528.22.
b. Statement of Condition of
Cash in the Treasury for month ending December 30, 2004. (PDF)
ADJOURNMENT – The
regularly scheduled meeting is Tuesday, February 8, 2005.
BOARD OF SUPERVISORS’ 2005 MEETING
SCHEDULE:
February
08, 2005
February
22, 2005
March
08, 2005
March
29, 2005