COUNTY OF PLACER

BOARD OF SUPERVISORS

TUESDAY, NOVEMBER 3, 2009

AGENDA

8:30 a.m.

F.C. “Rocky” Rockholm, District 1, Chairman Thomas Miller, County Executive

Robert Weygandt, District 2 Anthony J. La Bouff, County Counsel

Jim Holmes, District 3 Rich Colwell, Chief Assistant County Executive

Kirk Uhler, District 4, Vice Chairman Mike Boyle, Assistant County Executive

Jennifer Montgomery, District 5 Holly Heinzen, Assistant County Executive

Ann Holman, Clerk of the Board

County Administrative Center, 175 Fulweiler Avenue, Auburn, CA 95603

Materials related to an item on this Agenda submitted to the Board after distribution of the agenda packet are available for public inspection at the Clerk of the Board of Supervisors Office, 175 Fulweiler Avenue, Auburn, during normal business hours. Placer County is committed to ensuring that persons with disabilities are provided the resources to participate fully in its public meetings. If you are hearing impaired, we have listening devices available. If you require additional disability-related modifications or accommodations, including auxiliary aids or services, please contact the Clerk of the Board. If requested, the agenda shall be provided in appropriate alternative formats to persons with disabilities. All requests must be in writing and must be received by the Clerk five business days prior to the scheduled meeting for which you are requesting accommodation. Requests received after such time will be accommodated only if time permits.

8:30 a.m.

FLAG SALUTE – Led by Anthony La Bouff, County Counsel.

STATEMENT OF MEETING PROCEDURES - Read by Clerk.

PUBLIC COMMENT: Persons may address the Board on items not on this agenda. Please limit comments to 3 minutes per person since the time allocated for Public Comment is 15 minutes. If all comments cannot be heard within the 15-minute time limit, the Public Comment period will be taken up at the end of the regular session. The Board is not permitted to take any action on items addressed under Public Comment.

SUPERVISOR’S COMMITTEE REPORTS:

CONSENT AGENDA All items on the Consent Agenda (Items 12 thru 23) have been recommended for approval by the County Executive Department. All items will be approved by a single roll call vote. Anyone may ask to address Consent items prior to the Board taking action, and the item may be moved for discussion.

Action:

TIMED ITEMS TO BE DISCUSSED AT THE TIME SHOWN

9:30 a.m.

1. DISTRICT ATTORNEY (PDF)- Presentation of the Prosecutor of the Year Award to the 2008 recipients, Suzanne Gazzaniga and David Tellman.

Action:

9:50 a.m.

2. HEALTH & HUMAN SERVICES/HUMAN SERVICES (PDF)- The Board is requested to approve the following actions:

a. Approve a contract with Golden Sierra Job Training Agency in the amount of $1,330,000 for the period of November 3, 2009 through September 30, 2010, to provide administration and case management of the American Recovery and Reinvestment Act Subsidized Wage Program.

b. Approve the Budget Revision for the funding received from the American Recovery and Reinvestment Act Emergency Contingency Fund.

No County General Funds are associated with these actions.

Action:

10:30 a.m.

3. COUNTY EXECUTIVE/EMERGENCY SERVICES (PDF)- Public hearing to consider authorizing collection of fees for fire protection planning in the Placer County Fire area, approve a resolution adopting the fee schedule, and adopt an ordinance incorporating this change in Chapter 15.04.050 of Placer County Code.

Action:
Attachment A (PDF) Attachment B (PDF) Attachment C (PDF) Attachment D (PDF) Attachment E (PDF)

10:45 a.m.

4. COUNTY EXECUTIVE/EMERGENCY SERVICES (PDF)– Conduct a public hearing and adopt a resolution:

a. Approving the Placer County Fire 2009 Capital Improvement Plan;

b. Updating the Fire Facilities Impact Fee which results in an increase fees from $0.55 to $0.65 per square foot for residential property and from $0.41 to $0.48 per square foot for commercial/industrial property; and

c. Approving the use of the Consumer Price Index - All Urban Consumers (CPI-U) for San Francisco, Oakland and San Jose for annual fee adjustments.

Action:
Attachment A (PDF)

11:00 a.m.

5. BOARD OF SUPERVISORS (PDF)– Supervisors Uhler and Weygandt are providing the Board with a final update on the status of the Placer County Conservation Plan Ad-Hoc Committee deliberations. On January 23, 2007, the Board approved a map to initiate discussions with the Wildlife Agencies and asked Supervisors Weygandt and Uhler to meet with representatives of the City of Lincoln to discuss matters of joint interest regarding this map. After extensive meetings with representatives of the City of Lincoln and staff, Supervisors Uhler and Weygandt are now recommending that the Board authorize staff to submit the PCCP consistent with the principles and objectives outlined in the Conservation Strategy Report #2 (Exhibit A) and based upon the draft Reserve Map (Exhibit B).

Action:
Attachment A (PDF) Attachment B (PDF) Attachment C (PDF) Attachment D (PDF) Attachment E (PDF)

1:00 p.m.

6. ADMINISTRATIVE SERVICES – Conduct a continued closed hearing from July 20, 2009 to consider an appeal by Exclusive Resorts L.L.C., of the Director of Administrative Services’ decision determining the amount of uniform transit occupancy tax to be assessed against Exclusive Resorts L.L.C., pursuant to Article 4.16 of the Placer County Code. Pursuant to the request of the taxpayer, this hearing is closed to address confidential business records.

Action:

DEPARTMENT ITEMS TO BE CONSIDERED FOR ACTION AS TIME ALLOWS

DEPARTMENT ITEMS:

7. COUNTY EXECUTIVE/COST SAVINGS TASK FORCE (PDF):

1. Accept the initial recommendations of the various committees comprising the Cost Savings Task Force.

2. Authorize the County Executive Office to proceed with implementation of identified cost saving measures and/or productivity improvements reflected on these recommendations.

Action:
Attachment A (PDF) Attachment B (PDF)

8. COUNTY EXECUTIVE/ECONOMIC DEVELOPMENT (PDF)- Adopt a resolution designating Placer County as a Federal Recovery Zone pursuant to the American Recovery and Reinvestment Act of 2009 for the purpose of issuing Recovery Zone Facility Bonds in an amount not to exceed $6,841,000 and Recovery Zone Economic Development Bonds, in an amount not to exceed $4,561,000.

Action:
Attachment A (PDF) Attachment B (PDF)

ADJOURN AS THE BOARD OF SUPERVISORS AND CONVENE AS THE

PLACER COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY

9. IN-HOME SUPPORT SERVICES PUBLIC AUTHORITY:

a. Budget (PDF)- Approve the In-Home Supportive Services Public Authority Budget for FY 2009-10, in the amount of $889,361.

Action:

b. Proclamation (PDF) - Resolution proclaiming the week of November 16-20, 2009 as Placer County IHSS Caregiver Recognition Week.

Action:
Attachment A (PDF)

ADJOURN AS THE PLACER COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY

AND RECONVENE AS THE PLACER COUNTY BOARD OF SUPERVISORS

10. PUBLIC WORKS:

a. National Flood Insurance Program/Upgrade in Community Rating System– This item is for information only and no action is required. The County has recently been notified that our flood protection rating in the unincorporated areas of the County has been upgraded as measured by the Community Rating System (CRS) leading to lower flood insurance rates for our citizens.

Action:

b. Tahoe City Transit Center, Construction Contract #1070 (PDF)– Adopt a resolution rejecting all bids received for the Tahoe City Transit Center project under Construction Contract #1070 and authorize Public Works to re-advertise for bids under Construction Contract #1085.

Action:
Attachment A (PDF)

11. COUNTY COUNSEL/ADJOURN TO CLOSED SESSION (PDF):

Pursuant to the cited authority (all references are to the Government Code), the Board of Supervisors will hold a closed session to discuss the following listed items. A report of any action taken will be presented prior to adjournment.

(A) §54956.9 - CONFERENCE WITH LEGAL COUNSEL

1. Existing Litigation:

(a) Sutter County, et al. vs. County of Placer, et al., Sacramento County Superior Court Case No.: 34-2007-00883516

(b) Michael P. Mulligan and County of Placer, PERS Case No.: 9198, OAH No.: N-2009080954

(d) Placer County Deputy Sheriffs’ Association vs. County of Placer, et al., PERB Case No.: SA-CE-629-M

(e) In Re Bickford Ranch, U.S. Bankruptcy Court, CA Eastern District, No.: 8-17206; In Re California Motocross, U.S. Bankruptcy Court, CA Eastern District, No.: 08-33290; In Re Kobra Properties, U.S. Bankruptcy Court, CA Eastern District, No.: 08-37271; In Re Catalig, U.S. Bankruptcy Court, CA Eastern District, No.: 09-32595; In Re Sanger, U.S. Bankruptcy Court, CA Eastern District, No.: 09-29934; In Re Amer Home Mtg, U.S. Bankruptcy Court, Delaware, No.: 07-11047; In Re Gottschalks, U.S. Bankruptcy Court, Delaware, No.: 09-10157; In Re Circuit City, U.S. Bankruptcy Court, VA Eastern District, No.: 08-35653; In Re Bickford Ranch, U.S. Bankruptcy Court, Central District, No.: 08-17206; In Re Landsource Comm Dev, U.S. Bankruptcy Court, Delaware, No.: 08-11111; In Re Diamond Creek, U.S. Bankruptcy Court, Eastern District, No.: 08-25342; In Re Mervyns, U.S. Bankruptcy Court, Delaware, No.: 08-11586; In Re Kobra- Douglas Pointe, U.S. Bankruptcy Court, CA Eastern District, No.: 09-32854; In Re Kobra- Food Svc Mgt Inc, U.S. Bankruptcy Court, CA Eastern District, No.: 09-40066; In Re Kobra- Kobra Assoc Inc, U.S. Bankruptcy Court, CA Eastern District, No.: 09-40068

Adjourn as the Placer County Board of Supervisors and

convene as the Placer County Redevelopment Agency Board

(B) §54956.8 – CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Property: APN Numbers: 090-122-030, 031, 033 and 034, Agency Negotiator(s): Tom Miller, Rich Colwell, Anthony La Bouff

Negotiating Parties: Placer County Redevelopment Agency and North Tahoe Public Utility District

Under Negotiation: Price, terms of payment, or both

Adjourn as the Placer County Redevelopment Agency Board and

reconvene as the Placer County Board of Supervisors

(C) §54957.6 - CONFERENCE WITH LABOR NEGOTIATORS

(a) Agency designated representatives: Tom Miller, Nancy Nittler, Mike Boyle, Gerald O. Carden, Anthony J. La Bouff

Employee organization: PPEO. DSA.

CLOSED SESSION REPORT:

CONSENT AGENDA (Pages 4-7) - All items on the Consent Agenda (Items 12 thru 23) have been recommended for approval by the County Executive Department. All items will be approved by a single roll call vote. Anyone may ask to address Consent items prior to the Board taking action, and the item may be moved for discussion.

Action:

12. ORDINANCE – Second Reading:

a. Personnel (PDF) - Ordinance amending Chapter 3 to reflect the side letter changes relating to disciplinary action and extension of these provisions to classified management and confidential employees.

13. AGRICULTURE:

a. Resolution authorizing the Agricultural Commissioner/Sealer (PDF)to sign contract #09–0038 with the California Department of Food and Agriculture allowing for reimbursement from the State for up to $6,375 for Petroleum Product Compliance, and Weighmaster Enforcement Programs for fiscal year 2009 - 2010.

b. Resolution authorizing the Agricultural Commissioner/Sealer to sign contract #09–0474 (PDF)with the California Department of Food and Agriculture allowing for reimbursement from the State for up to $16,754 for Placer County weed eradication program for the calendar year 2010.

14. BOARD OF SUPERVISORS:

a. Approve the contract with Judith Marston (PDF) to provide Secretarial services to the Horseshoe Bar Municipal Advisory Council.

b. Approve minutes of October 6, 2009 (PDF).

15. CLAIMS AGAINST THE COUNTY (PDF) – Reject the following claims, as recommended by the offices of County Counsel and Risk Management:

a. 09-089, State Farm, $19,500, (Property Damage)

b. 09-095, Leonard, Harvey, $1,100,000, (Personal Injury)

c. 09-098, Lurie Management, LLC, $991.10, (Property Damage)

16. COMMITTEES & COMMISSIONS:

a. CSA 28, Zone 165 (Dry Creek Area Fire Service Community Advisory Committee) (PDF) – Approve the reappointments of Manuel Carreras to Seat 1, Diane Howe to Seat 3 and Susan Wright to Seat 7, as requested by Supervisor Rockholm.

b. Gold Run Cemetery Committee (PDF) – Approve reappointments of Al Baker to Seat 1, Karen Winter to Seat 2, Claudia Snyder to Seat 3, Daniel Ellison to Seat 4, Elizabeth Medbury to Seat 5, Richard Snyder to Seat 6 and Beverly Clark-Hunter to Seat 7, as requested by Supervisor Montgomery.

17. COUNTY EXECUTIVE:

a. Personnel (PDF) - It is recommended that your Board approve the following actions:

1. Confirm the provisions of the Placer County Work Reassignment Program as it applies to classified management and confidential employees.

2. Adopt a resolution delegating details of the Board’s authority to direct layoffs under Chapter 3 of the Placer County Code to the County Executive Officer for FY 2009-10 in the event that a classified management and/or confidential employee refuses a reassignment.

b. Auburn Community Thanksgiving Day Dinner (PDF) - Approve participation in the Salvation Army’s Auburn Community Thanksgiving Day Dinner by matching Placer County employee contributions dollar for dollar up to a maximum of $1,500.

18. COUNTY EXECUTIVE/EMERGENCY SERVICES (PDF) - Adopt a resolution terminating the Proclamation of Local Emergency initially made by the Director of Emergency Services, Thomas M. Miller, on August 30, 2009 and reaffirmed by the Board on September 2, 2009.

19. FACILITY SERVICES:

a. Sewer Maintenance District (SMD) #3 (PDF) - Approve a budget revision to the SMD #3 Fiscal Year 2009-10 Final Budget shifting $13,000 in appropriations from Appropriation for Contingencies (5600) to Equipment (4451), authorize the purchase of one ammonia analyzer for a cost not to exceed $13,000; and add to the Master Fixed Asset List.

b. Colfax Library Renovation (PDF), Architectural and Engineering Services, Project #4765 - Ratify amendment #1 to agreement with Lionakis Beaumont Design Group, Inc., to provide architectural and engineering services for the Colfax Library Renovation and authorize the Chairman to execute the amendment, increasing the contract by $39,541 for a total contract cost not-to-exceed $169,541.

c. Lincoln Fire Station Septic and Modular Replacement (PDF) - Architectural and Engineering Services, Project #4819 - Ratify amendment #1 to the agreement with Lionakis, to provide architectural and engineering services for the Lincoln Fire Station Septic and Modular Replacement and authorize the Chairman to execute the amendment, increasing the contract by $57,000 for a total contract cost not-to-exceed $92,840.

d. Blanket Purchase Order #6628/Asbestos Abatement Services (PDF) – Approve Change Order #1 to Blanket Purchase Order #6628 with Allied Environmental, Inc., for Asbestos Abatement Services throughout the County and to increase the maximum amount by $45,000 for a revised amount of $94,000, and authorize the Purchasing Manager to sign.

20. HEALTH & HUMAN SERVICES:

a. Adult System of Care (PDF) - Approve a change order to Blanket Purchase Order #16659 with Staff Care, Inc., increasing the maximum amount by $100,000 for a new total of $140,000 for the period of April 1, 2009 through March 31, 2010 due to increased utilization of temporary psychiatry staff coverage at the Psychiatric Health Facility, and authorize the Purchasing Manager to sign the resulting change order. This funding is included in the Department’s FY 2009-10 Budget. The required 30 percent County General Fund contribution is included within this funding.

b. Environmental Health (PDF) - Resolution terminating the Proclamation of Local Health Emergency initially made by the Health Officer, Richard J. Burton, M.D., M.P.H, on September 1, 2009 and reaffirmed by your Board on September 2, 2009.

21. PROCUREMENT SERVICES - In accordance with County Policy, non-contested competitively awarded bids under $250,000 are placed on the Consent Agenda. Authorize the Purchasing Manager to sign the following:

a. Blanket Purchase Order #16652 (PDF), Environmental Lab Analysis Services/Facility Services - Approve Change Order #1 to Competitively Awarded Blanket Purchase Order #16652 with Excelchem Environmental Labs for Environmental Lab Analysis Services, increasing the maximum amount by $23,000 for a revised maximum amount of $72,000.

b. Rejection of Bids (PDF), White Recycled Bond Paper/Administrative Services/Central Services - Ratify the rejection of all bids to Competitive Bid #9937 and approve the award of a Blanket Purchase Order using a State of California Competitively Awarded Contract with Stay Safe Supply, Inc., for white recycled bond paper, in the maximum amount of $145,223.

c. Blanket Purchase Order 16314 (PDF), Credit Card Aviation Fuel Purchases/Sheriff - Approve the renewal of Blanket Purchase Order #16314 based on a Defense Department Contract with Multi Service Corporation for credit card aviation fuel purchases in the maximum amount of $70,000.

22. PUBLIC WORKS:

a. Abandonment/Public Utility Easements (PDF), Northstar Highlands Resort, Northstar – Resolution abandoning existing public utility easements in Northstar Highlands Phase 2, in exchange for public utility easements to be dedicated in different locations.

b. Auburn Compressed Natural Gas Fueling Station Upgrade Phase II (PDF), Contract #1080 – Approve the Project Plans and Specifications for use in bidding and construction of Phase II of the Auburn Compressed Natural Gas Fueling Station Upgrade and authorize the Department to advertise for bids.

c. Auburn Folsom Road Bikeway Project, Phase I (PDF), Construction Contract #1063 - Resolution authorizing the Director of Public Works to ratify a construction contract change order for a series of project construction change orders and additional storm drainage work on Auburn Folsom Road Bikeway Project Phase I in the amount of $20,000.

23. REVENUE SHARING – In approving the following appropriations, the Placer County Board of Supervisors makes the finding that each and every approved contribution serves a public purpose by promoting the general welfare of the County and its inhabitants; therefore, the County benefits.

a. Approve appropriation of $750 in Revenue Sharing monies to the Auburn Chamber 2009 Festival of Lights Parade (PDF) to help defray the cost of the event, as requested by Supervisor Holmes ($750).

b. Approve appropriation of $500 in Revenue Sharing monies to the Placer Land Trust 8th Annual Harvest Celebration (PDF) to benefit Placer Land Trust’s efforts to preserve valued lands in Placer County, as requested by Supervisor Holmes ($500).

c. Approve appropriation of $250 in Revenue Sharing monies to the Roseville Host Lions Club Christmas Food Basket Program (PDF) to help support the purchase of perishable and non-perishable food items, as requested by Supervisor Rockholm ($250).

***End of Consent Agenda***

ADJOURNMENT

BOARD OF SUPERVISORS’ 2009 MEETING SCHEDULE:

November 17, 2009

December 8, 2009