COUNTY OF PLACER
BOARD OF SUPERVISORS
TUESDAY, APRIL 6, 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) Paula Celick, Carl Coleman, Larry Knedel, Lee Lively, and Loy Speeler, Auburn residents, talked about the Bohemia project and encouraged the Board to take a position against secondary access on Canal Street. 2) Chuck Theil, Business Representative, Stationary Engineers, Local 39, read a letter into the record advising that the union has submitted a proposal in response to the County’s desire to implement 5 furlough days during the first five months of FY 2010-11. Understanding that in addition to the furlough, the County is planning on layoffs and contract concessions, they believe it would be better to consider options that meet the County’s desire to save costs while protecting public services and minimizing the impact on the community, local businesses, and County employees. 3) Angela Tahti, Placer Arts, invited all to attend this Thursdays, Auburn Art Walk advising there will be similar art walks in Roseville and Tahoe. 4) Tom Miller, County Executive, advised the audience that the Board of Supervisors is not currently involved in the Bohemia Project at this time and explained the process. Supervisor Holmes said he has read the press, received letters, attended some of the meetings on the Bohemia Project and is fully aware of the process and concerns.
SUPERVISOR’S COMMITTEE REPORTS – Supervisor Holmes said the Regional Council of Rural Counties along with the State Water Resources Control Board and the California Conference of Directors of Environmental Health have been working with staff of the State Water Quality Control Board regarding AB 885. They will hold public hearings at the end of this month or the early part of May. The State Water Quality Control Board does not have a concept or proposal but a concept proposal that includes three tiers: Tier 1-No additional regulation from the State Water Quality Control Board or the Regional Water Quality Control Board; Tier 2-Higher category, subject to local regulation; and Tier 3-Any waterways that might be impacted by septic system that is leaking would be regulated by local jurisdiction.
TIMED ITEMS TO BE DISCUSSED AT THE TIME SHOWN
ADJOURNED AS THE PLACER COUNTY BOARD OF SUPERVISORS AND
CONVENED AS THE PLACER COUNTY HOUSING AUTHORITY
1. HEALTH & HUMAN SERVICES/PUBLIC HOUSING AUTHORITY/FEDERALLY-FUNDED HOUSING ASSISTANCE FOR VERY LOW INCOME, DISABLED, OR ELDERLY PLACER COUNTY RESIDENTS - Considered the following two items to secure $2,156,245 in Federal funding for the Placer County Section 8 Housing Choice Voucher Program to provide subsidized housing for over 240 families:
a. Conducted a public hearing to receive public comment regarding the Placer Housing Authority Public Housing Five-Year Plan for Fiscal Years 2010-11 through 2014-15 and the Annual Plan for Fiscal Year 2010-11.
b. Resolution 2010-80 adopted authorizing submission of Placer County’s Public Housing Agency Annual Plan for FY 2010-11 and certification of program compliance to the U.S. Department of Housing and Urban Development.
ADJOURNED AS THE PLACER COUNTY HOUSING AUTHORITY AND
RECONVENED AS THE PLACER COUNTY BOARD OF SUPERVISORS
2. COUNTY EXECUTIVE/EMERGENCY SERVICES – Public hearing closed, Ordinance 5587-B adopted amending Placer County Code, Article 2.116 by adding Section 2.116.174 relating to fees for service provided by Placer County Fire to at-fault, non-Placer County Fire residents involved in motor vehicle accidents; Resolution 2010-83 adopted establishing a Fee Schedule to incorporate those rates customary and reasonable for fire service cost recovery through automobile insurance policies; and approved an exemption from the competitive bidding process based on findings consistent with the Placer County Procurement Policy and authorized the Procurement Officer sign a one year contract for billing services. MOTION Holmes/Montgomery/Unanimous
3. COMMUNITY DEVELOPMENT RESOURCE AGENCY/PLANNING/Zoning Text Amendment (ZTA 20090393)/Medical Marijuana Collectives, Cooperatives or Dispensaries – Public hearing closed to consider a request from the Placer County Planning Division to amend Chapter 17, Article 17.04, Section 17.04.030 and Article 17.06, Section 17.06.050 of the Placer County Code. The proposed Zoning Text Amendments will define Medical Marijuana Collectives, Cooperatives or Dispensaries and disallow them from operating in any zone district in Placer County. In addition, the proposed amendments will clarify that the production and composting of cannabis is not included in the definition of “Crop Production” or “Agricultural processing”. The Board will also consider a determination that this action is exempt from review under the California Environmental Quality Act.
MOTION Rockholm/Weygandt VOTE 4:1 (Montgomery No) to support staff recommendation and Ordinance 5588-B adopted approving the Zoning Text Amendment, relating to marijuana collectives, cooperatives or dispensaries, subject to Findings on Pages 21&22. The Planning Department was directed to revisit the issue at the Planning Directors discretion.
DEPARTMENT ITEMS TO BE CONSIDERED FOR ACTION AS TIME ALLOWS
4. ADMINISTRATIVE SERVICES/PROCUREMENT – Authorized the Purchasing Manager to sign the following:
a. Competitive Bid #9967/Uniform Rental and Laundry Services/Various Departments - Awarded to Unifirst Corporation, for a three-year period, in the total aggregate amount of $271,880. MOTION Weygandt/Rockholm/Unanimous
b. Competitive Request for Proposals #9964, Job Order Contracting System, Facility Services and Public Works – Awarded Competitive Request for Proposals to the Gordian Group.
c. Blanket Purchase Order #16517, Court-Ordered Debt Collection Services/Administrative Services/Revenue Services - Approved Change Order #1 to Blanket Purchase Order #16517, with the State of California Franchise Tax Board, in the amount of $630,000.
d. Agreement, Microsoft Enterprise Software Licensing/Administrative Services/IT - Approved the One-Year Extension of a Five-Year Microsoft Enterprise Software Licensing Agreement, with Dell Inc., in the amount of $405,793.60. MOTION Montgomery/Rockholm/Unanimous
5. BOARD OF SUPERVISORS – Approved minutes of March 2, 2010. (Supervisors Rockholm, Montgomery absent).
MOTION Weygandt/Holmes/Unanimous VOTE 3:2 (Rockholm, Montgomery abstained)
6. COMMUNITY DEVELOPMENT RESOURCE AGENCY/PLANNING – Approved amendments to four contracts associated with the preparation of the Placer County Conservation Plan (PCCP), Environmental Impact Report/Environmental Impact Statement (EIR/EIS) and Finance Plan. Amendments have been prepared for: TRA Environmental Sciences, Inc. (conservation strategy preparation) for $440,000; Hausrath Economics Group (finance plan) for $86,169; ICF International aka Jones and Stokes (EIS/EIR)$84,840; and Northfork Associates (wetland permitting) for $89,325. Contract amendments total $700,334. The funds are currently available from the FY 2009-2010 budget, and will provide funding for these activities for both FY 2009/2010 and FY2010/2011.
7. COUNTY EXECUTIVE/EMERGENCY SERVICES – Approved a budget revision for the planned purchase of three fire engines, increasing the already approved FY 2009-2010 budget by $253,750; make corresponding adjustments to the Master Fixed Asset List; approved loans from the Fire Control Fund to the North Auburn Ophir Fire (County Service Area 28, Zone 193) and Western Placer Fire (County Service Area 28, Zone 76) for these apparatus purchases.
8. FACILITY SERVICES:
a. New Rocklin Branch Library/Tenant Improvements, Project #4702 - Awarded the bid for the New Rocklin Branch Library Tenant Improvements, Project to Sequoia Pacific Builders, Inc. (Sequoia Pacific), in the amount of $2,304,000 and upon approval of County Counsel and Risk Management, authorized the Director of Facility Services to execute a contract and any required change orders consistent with the County Purchasing Manual and Section 20142 of the Public Contract Code. MOTION Rockholm/Weygandt/Unanimous
b. Garbage Collection Franchise Fee Reduction, Franchise Areas 1 and 4 (Western Placer County) – Ordinance introduced, first reading waived, amending Section 8.16.470 of the Placer County Code, to reduce the Special Fee in Garbage Collection Franchise Areas 1 and 4 (Western Placer County) from 8% to 7%. It is intended this fee reduction will be used to offset cost of living adjustments under the Franchise Agreement, in an effort to keep rates unchanged for customers.
c. Customs House Property Acquisition - The Board took the following actions associated with acquisition of the 0.61+/- acre parcel referred to as APN 094-110-021-000 including the 11,400+/- square foot commercial building at 775 North Lake Boulevard in Tahoe City (Property):
1. Resolution 2010-79 adopted delegating authority to the Director of Facility Services, or his designee, upon satisfaction of the provisions contained in the Option Agreement, to execute documents and take actions necessary to complete the Property acquisition between the County of Placer and Nevada Security Bank in the amount of $3,400,000, to disburse funds associated with this transaction, and to accept and record the deeds for said Property; and,
2. Approved a budget revision associated with this transaction; and,
3. Authorized the Property to be added to the Master Fixed Asset list following close of escrow.
9. HEALTH & HUMAN SERVICES/CHILDREN’S SYSTEM OF CARE - Approved the consolidated System Improvement Plan and authorized the Director of Health and Human Services to sign and submit the plan to the State Department of Social Services, including the Notice of Intent and any related documents. The consolidated System Improvement Plan includes the following components:
. Child Welfare Services (CWS) Triennial System Improvement Plan.
. Child Abuse Prevention, Intervention and Treatment (CAPIT)/Community Based Child Abuse
Prevention (CBCAP)/Promoting Safe and Stable Families (PSSF) Plan.
10. PUBLIC WORKS:
a. Kings Beach Commercial Core Improvement Project - Resolution 2010-81 adopted authorizing the Director of Public Works, with County Counsel and Risk Management review and approval, to enter into a Professional Services Agreement (PSA) with Dokken Engineering in an amount not to exceed $3,893,865.52 for detailed design and permitting tasks related to the Kings Beach Commercial Core Improvement Project and authorizing the Director of Public Works, or his designee, to approve and sign future amendments not to exceed $272,570.59.
b. REMOVED FROM AGENDA
City Transit Center, Contract #1085 – Adopt a resolution awarding,
with County Counsel and Risk Management review and approval, Contract #1085 to
the responsive low bidder, Aspen Developers Corporation, in the amount of
$4,229,473.10 for construction of the Tahoe City Transit Center, authorizing
the Chairman to execute the construction contract on behalf of Placer County
and authorizing the director of Public Works to approve and sign contract
change orders up to $422,947.
This item was removed from the agenda.
c. Congestion Mitigation and Air Quality (CMAQ) Program Proposed Projects – Approved the submittal of the Placer County request for candidate projects for CMAQ funding to Placer County Transportation Planning Agency. MOTION Holmes/Montgomery/Unanimous
d. Foresthill Road Bridge Seismic Retrofit and Paint Project, Contract #1087 – Resolution 2010-82 adopted approving the award of the competitive Request for Proposals #9950 and authorized the Department of Public Works to negotiate a contract with The Hanna Group for construction management, inspection, and materials testing services for the Foresthill Road Bridge Seismic Retrofit and Paint Project; and authorized the Purchasing Manager to negotiate, approve and sign a short term contract with The Hanna Group not to exceed $200,000 for pre-construction and constructability review services. MOTION Rockholm/Weygandt/Unanimous
11. COUNTY COUNSEL/CLOSED SESSION REPORT:
(A) §54956.9 - CONFERENCE WITH LEGAL COUNSEL
1. Existing Litigation:
(a) Deborah Doerfler-Casner v. County of Placer, et al., Placer Superior Court Case No. SCV-26647 – The Board received a status report and authorized the matter be handled by the County Counsel’s Office and that the County Counsel’s Office will defend the County and all named defendants with the stated reservations and waivers of conflicts.
(b) Mary Michelle Burris v. County of Placer, U.S.D.C. Eastern District Case No. 2:09-cv-03299 JAM-DAD – The Board received a status report with regards to the filing and service of two of these three lawsuits and assigned the matter to the County Counsel'
(c) George Wasley v. County of Placer, U.S.D.C. Eastern District Case No. 2:09-cv-03306-WBS-KJM - The Board received a status report with regards to the filing and service of two of these three lawsuits and assigned the matter to the County Counsel'
(d) Thomas S. Van Horne v. County of Placer, U.S.D.C. Eastern District Case No. 2:09-cv-03309-WBS-GGH - The Board received a status report with regards to the filing and service of two of these three lawsuits and assigned the matter to the County Counsel'
(e) County of Placer vs. Michelle Burris, et al., Placer County Superior Court Case No.: SCV-22068 – The Board received a status on the pending of that action.
(f) League to Save Lake Tahoe v. Tahoe Regional Planning Agency, et al.,U.S. District Court, Eastern District, Case No.: Civ. 2:08-CV-02447 JAM/KJM, The real parties and the petitions have come to a settlement. The settlement has been approved also by the Board of Supervisors. The Chairman signed the documents and if anyone wants to review the settlement agreement it will be made available. Mr. Finley from the County Counsel’s Office has a copy.
(g) Foresthill Residents for Responsible Growth, et al. v. Placer County, et al., Placer County Superior Court Case No.: SCV-24213 – The Board received a status report on the pending of that litigation and gave direction to Counsel.
2. Anticipated Litigation – The Board took up the Resource Law Groups contract for its continuing support with regards to the PCCP and extended that contract.
(a) Significant exposure to litigation pursuant to subdivision (b) of Government Code §54956.9: one potential case
(B) §54957.6 - CONFERENCE WITH LABOR NEGOTIATORS – The Board met with its Labor Negotiators on both PPEO Labor discussions and DSA. Received a report 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 – Consent Agenda approved with action as indicated.
MOTION Rockholm/Holmes/Unanimous VOTE 4:0 (Montgomery temporarily absent)
12. ORDINANCE – Second Reading:
a. Personnel – Ordinance 5586-B adopted that re-characterizes and amends the manner in which compensation is reported to CalPERS effective pay period 22, March 27, 2010: Amend Chapter 3.12.030 deleting hospital privileges pay and change board certified pay by corresponding amount.
a. Resolution 2010-65 adopted authorizing the Agricultural Commissioner/Sealer to sign contract #10–C0028 with the California Department of Pesticide Regulation for reimbursement up to a maximum of $7,768 for Pesticide Application Reporting.
b. Approved a technical budget revision to the Agriculture Department’s FY 2009-10 Budget in the Amount of $14,500 and approved the addition of a Water Meter Test Bench to the Placer County Master Fixed Asset List.
14. BOARD OF SUPERVISORS:
a. Resolution 2010-66 adopted in support of the 19th annual “America’s Most Beautiful Bike Ride” to be held on Sunday, June 6, 2010 around Lake Tahoe.
b. Approved out of state travel for Chairman Kirk Uhler to conduct County business in Washington, DC (April 18-21) and Philadelphia (April 21-23).
15. CLAIMS AGAINST THE COUNTY – Rejected the following claims, as recommended by the offices of County Counsel and Risk Management:
a. 10-015, White, Mark, $10,942, (Personal Injury)
b. 10-018, Dunn, Michael, In Excess of $2,000,000, (Personal Injury)
c. 10-022, Bell, Delthenia L.. $3,920, (Property Damage)
16. COMMITTEES & COMMISSIONS:
a. North Tahoe Regional Advisory Council – Resolution 2010-67 adopted amending the North Tahoe Regional Advisory Council’s boundaries to include Northstar, and all of the Martis Valley Community Plan area to the County line.
b. Meadow Vista Municipal Advisory Council – Approved the appointment of Sherri Bloomfield to Seat 4, as requested by Supervisor Montgomery.
17. COUNTY EXECUTIVE - Approved a 5% merit increase for Graham, D. Knaus, Director of Administrative Services, Health & Human Services, from Grade 468 Step 2 to Grade 468 Step 3 at $58.70 per hour retroactive to January 30, 2010.
18. FACILITY SERVICES:
a. Annexation Sewer Maintenance District #2 - Resolution of Intention 2010-68 adopted setting the time and date to hold a public hearing to consider annexing property owned by The Roman Catholic Bishop of Sacramento, APN 035-120-021 and 035-120-023, located on the corner of Cavitt Stallman and Laird Roads, Granite Bay, into the boundaries of SMD #2.
b. Lincoln Fire Station 70 Building and Site Improvements - Approved a budget revision appropriating $22,000, from the 22160 Fire Fund Account, to provide full funding for the Lincoln Fire Station 70 Building and Site Improvements project located at Wise Road and Eden Lane in North Lincoln.
19. HEALTH & HUMAN SERVICES/ANIMAL SERVICES – Due to reductions in State funding for State mandates, approved a schedule change for Placer County Animal Services’ Auburn and Tahoe shelters effective May 1, 2010, whereby the shelters will be open to the public five days per week (Tuesday-Saturday) instead of the current six days per week.
20. 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 #16703, Ergonomic Chairs/Countywide - Approved Change Order #2 to blanket purchase order with Jacobs Office Interiors, to increase it in the maximum amount of $20,000 and extend the expiration date to April 30, 2010.
b. Blanket Purchase Order, Waterborne Traffic Line Paint for Road Maintenance/Public Works/Road Maintenance - Awarded a Blanket Purchase Order as a result of an El Dorado County competitively awarded contract to Pervo Paint Company, in the maximum amount of $160,000.
c. Request for Qualifications #9943, Public Outreach and Education for Water, Wastewater, and Solid Waste Programs, Facility Services/Environmental Engineering – Awarded Competitive Request for Qualifications #9943 for Public Outreach and Education for Water, Wastewater, and Solid Waste Programs and adopted four Lists of Qualified Firms.
d. Competitive Bid #9955, Clinical Laboratory Analysis Services, Health & Human Services – Awarded to Laboratory Corporation of America, in the maximum aggregate amount of $173,500.
21. PUBLIC WORKS:
a. Rock Creek Plaza Shopping Center, North Auburn – Resolution 2010-69 adopted to abandon an unneeded and undeveloped Highway Easement in the middle of Rock Creek Plaza Shopping Center located at Highway 49 and Bell Road.
b. Donner Pass Road Stabilization Project, Contract #1072 – Approved the project plans and specifications for use in bidding and construction of the Donner Pass Road Stabilization Project located on Old Highway 40 near Donner Summit and authorized the Department to advertise for bids.
c. Douglas Boulevard Sidewalk Improvement Project, Contract #1056 – Resolution 2010-70 adopted authorizing the Director of Public Works to approve a construction contract change order with Teichert Construction for upgrading landscape irrigation controllers and additional landscaping materials for an estimated $27,380.81 increasing the total contract amount to $534,981.21 and authorized the Director of Public Works to sign future contract change orders up to an amount of $25,000.
d. Lake Tahoe Marathon – Resolution 2010-71 adopted supporting the Lake Tahoe Marathon and the temporary restriction of traffic on State Highway 89 on Sunday, September 26, 2010.
e. Local Transportation Fund/Bicycle/Pedestrian Claim for FY2009/10 – Resolution 2010-72 adopted authorizing the Chairman to execute the 2009/10 Local Transportation Bicycle and Pedestrian claim for Placer County Department of Public Works for the remaining balance of $74,011 for work done on Auburn-Folsom Road and Douglas Boulevard.
f. Placer County Water Agency, Gold Run Road – Resolution 2010-73 adopted authorizing the Chairman to execute a Quitclaim Deed between the County of Placer and the Placer County Water Agency for a portion of County Road Right-of-Way adjacent to Interstate 80 in Gold Run for a valve station.
g. Auburn Folsom Road Widening Project – Resolution 2010-74 adopted approving the Right-of-Way Contract and accepting the Highway Easement Deed from Ridgeview Asset Partners L.P. for the Auburn Folsom Road Widening Project in the amount of $44,700.
h. Lakeside Trail Phases V, VI, & VII – Resolution 2010-75 adopted for Placer County to accept committed matching funds in an estimated amount of $430,201 to establish eligibility for Caltrans Bicycle Transportation Account funding for the Tahoe City Public District’s (TCPUD’s) Lakeside Trail Phases V, VI, and VII in Tahoe City. The TCPUD has already secured the $430,201 of necessary matching funds from the North Lake Tahoe Resort Association.
i. Wise Road at North Ravine Bridge Replacement Project, Contract #73029, Amendment #5 – Resolution 2010-76 adopted authorizing the Chairman to sign and execute Contract #73029, Amendment #5, with MRO Engineers, Inc., increasing the total contract amount by $20,000, from $246,980 to $266,980, for construction support, and authorized the Director of Public Works to approve and sign contract amendments for additional professional services not to exceed $5,000.
j. Wise Road at North Ravine Bridge Replacement Project – Resolution 2010-77 adopted approving the project plans and specifications, authorizing the Chairman of the Board to sign the cover sheet, and authorizing the Department of Public Works to advertise for bids for the Wise Road at North Ravine bridge replacement project.
22. 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 Rock Creek Elementary School to offset transportation costs for an educational County Library field trip, as requested by Supervisor Holmes.
b. Approved appropriation of $250 in Revenue Sharing monies to the Sportsmen’s Legacy Foundation to benefit their scholarship program for students who pursue full-time college studies in wildlife biology or conservation, as requested by Supervisor Weygandt.
c. Approved appropriation of $500 in Revenue Sharing monies to the Roseville Police Officers Association Honor Guard Unit to benefit the officer’s participation in special functions, as requested by Supervisor Rockholm.
d. Approved appropriation of $200 in Revenue Sharing monies to the Placer Society for the Prevention of Cruelty to Animals (SPCA) Funny Bones Comedy Awards Event to benefit SPCA programs, as requested by Supervisor Weygandt.
e. Approved appropriation of $500 in Revenue Sharing monies to the PlacerArts “Outside the Box” Artist Exhibit to offset the cost of materials, as requested by Supervisor Rockholm ($200), Supervisor Weygandt ($200) and Supervisor Holmes ($100).
f. Approved appropriation of $850 in Revenue Sharing monies to the Ride to Walk Therapeutic Horseback Riding Program to help off-set the cost of outdoor festival permit fees, as requested by Supervisor Rockholm ($250), Supervisor Weygandt ($250), Supervisor Holmes ($100) and Supervisor Uhler ($250).
g. Approved appropriation of $400 in Revenue Sharing monies to the Sierra College Patrons “A Flea Affaire” Fundraising Event to help promote Arts and Humanities through grants and scholarships, as requested by Supervisor Holmes ($200) and Supervisor Uhler ($200).
23. SHERIFF – Resolution 2010-78 adopted authorizing the Sheriff-Coroner-Marshal to execute the agreement between Placer County and the State Department of Boating and Waterways for FY 2010/2011 in the maximum amount of $72,475. There is no impact to the General Fund.
***End of Consent Agenda***
ITEMS FOR INFORMATION:
24. facility services:
a. Payment of Administrative Civil Liability for Sewer Maintenance District #1 (North Auburn ) This informational item explains why Sewer Maintenance District #1 in North Auburn was assessed a $24,000 fine by the Central Valley Regional Water Quality Control Board.
b. Payment of Administrative Civil Liability for Sewer Maintenance District #3 (Horseshoe Bar Area) - This informational item explains why Sewer Maintenance District #3 was assessed a $15,000 fine by the Central Valley Regional Water Quality Control Board.
ADJOURNMENT – The Board adjourned the meeting in memory of Steven Kreeger, former Placer County Road Superintendent.
BOARD OF SUPERVISORS’ 2010 MEETING SCHEDULE:
April 27, 2010
May 17, 2010 (Tahoe)
May 18, 2010 (Tahoe)