COUNTY OF PLACER

BOARD OF SUPERVISORS

TUESDAY, OCTOBER 20, 2009

AGENDA

9:00 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.

9:00 a.m.

FLAG SALUTE – Led by Chairman Rockholm.

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 (Pages 3-7) - All items on the Consent Agenda (Items 8 thru 20) 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. The Board will convene as the Redevelopment Agency Board for Items 20a, 20b, 20c & 20d.

Action:

TIMED ITEMS TO BE DISCUSSED AT THE TIME SHOWN

9:30 a.m.

1. COMMUNITY DEVELOPMENT RESOURCE AGENCY/PLANNING/CEMEX PATTERSON SAND AND GRAVEL MINE EXPANSION PROJECT REZONING (PCPA 20070552) CATEGORICAL EXEMPTION (PDF) - Public hearing to consider a request from the Placer County Planning Department to rezone certain properties within the Cemex Patterson Sand and Gravel Mine Expansion Project to remove the -SP (Special Purpose) and -MR (Mineral Reserve) combining districts. The Board will also consider making a finding that this project is categorically exempt from review under CEQA pursuant to Section 15061.b.3 (general rule of CEQA). The parcels proposed for rezone are: 018-010-001-510, 018-031-051-510, 018-031-052-510 and 018-031-053-510.

Action:

10:15 A.M.

2. PUBLIC WORKS:

a. Lake Tahoe Total Maximum Daily Load Presentation (PDF) – This is an informational item only; no action is requested.

b. Truckee River Water Quality Monitoring Program Implementation (PDF) - Authorize the Director of Public Works to prepare and deliver to the Lahontan Regional Water Quality Control Board (Lahontan) an implementation plan for water quality monitoring within the Truckee River watershed; negotiate and sign a cost-sharing agreement with stormwater permittees in Squaw Valley for implementation of bioassessment monitoring in Squaw Creek; and, adopt a resolution authorizing the Director of Public Works to negotiate and award a water quality monitoring contract with the top-ranked consulting firm for up to a three year term, not to exceed a single year cost of $460,000.

Action:

11:00 a.m.

3. COMMUNITY DEVELOPMENT RESOURCE AGENCY/PLANNING/APPEAL/ENCLAVE AT GRANITE BAY (PSUB T20080329) - GENERAL PLAN AMENDMENT, REZONE, VESTING TENTATIVE SUBDIVISION MAP, CONDITIONAL USE PERMIT, TREE PERMIT, AND MITIGATED NEGATIVE DECLARATION (PDF) - Public hearing to consider:

1. A request from Pastor Land Development, Inc., for a General Plan Amendment to change the Granite Bay Community Plan Land Use Designation from Rural Residential (2.3-4.6 ac.min.) and Rural Low Density Residential (0.9-2.3 acre minimum) to Low Density Residential (0.4 - 0.9 acres per dwelling unit); Rezone from RA-B-100 (Residential Agriculture combining a minimum building size of 100,000 square feet or 2.3 acres minimum) and RS-AG-B-40 (Residential Single Family combining Agriculture minimum building site of 40,000 square feet) to RS-AG-B-X (17,424 min. lot size) PD 2.6 (Residential Single Family combining Agriculture building site of 17,424 minimum lot size, combining Planned Development 2.6 units per acre) on the Subject Property. The Planning Commission recommended denial of the request.

2. An appeal by Pastor Land Development, Inc., of the Planning Commission’s decision to deny a Vesting Tentative Subdivision Map; Conditional Use Permit; and Tree Permit (removal of Landmark cottonwood trees) which would have allowed for the subdivision of 12.07 acres into a 27 lot residential Planned Development (age-restricted for persons age 55 and older) on the Subject Property.

3. Adoption of a mitigated negative declaration for approval of the foregoing actions.

The Subject Property is located on the North Side of Elmhurst Drive, at the intersection of Swan Lake Drive, in the Granite Bay area of Placer County and consists of Assessor Parcel Numbers 050-020-009, 050-020-010, 050-020-011, 466-080-013.

(Applicant/Appellant is requesting a continuance to a date in the future yet to be determined)

Action:

11:05 a.m.

4. COUNTY EXECUTIVE (PDF)– Health Insurance Benefits:

1. Receive a presentation on Health Insurance Benefits from the County Executive Office.

2. Provide policy direction regarding the payment of a stipend to DSA retirees in order to provide a transition period for the new 80/20% health insurance cost sharing formula for benefit year 2010.

Action:

DEPARTMENT ITEMS TO BE CONSIDERED FOR ACTION AS TIME ALLOWS

DEPARTMENT ITEMS:

5. FACILITY SERVICES/SEWER MAINTENANCE DISTRICT #3 DE-NITRIFICATION PROJECT 04822 (PDF)

Staff recommends the Board take the following actions:

1. Approve the Plans and Specifications and authorize staff to solicit bids.

2. Adopt a Resolution authorizing the Director of Facility Services to award and execute the resulting construction contract, in an amount not to exceed $1,144,000, upon review and approval by Risk Management and County Counsel, and approve any required change orders consistent with the County Purchasing Manual and Section 20142 of the Public Contract Code.

3. Authorize the Director of Facility Services or his designee to file a Notice of Exemption for the work associated with the proposed project.

4. Approve a Budget Revision to shift $270,000 in appropriations from the FY 2009/10 Applegate Sewer Improvements Capital Project Budget to the SMD 3 De-nitrification Capital Project Budget.

Action:

6. HEALTH & HUMAN SERVICES/ANIMAL SERVICES (PDF)- Approve revenue agreements with the City of Colfax and the City of Lincoln for the provision of animal control services from July 1, 2009 through June 30, 2012, and authorize the Director of Health and Human Services to execute any subsequent amendments. The revenue to be generated during the first year of these agreements is included in the Department’s FY 2009-10 Final Budget.

Action:

7. 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) §54956.8 – CONFERENCE WITH REAL PROPERTY NEGOTIATOR

(a) Property: APNS: 094-200-026, 027, 029, 037, 050, and 051; and, 090-133-006, 007, 008, 009, 010, 011, and 012

Agency Negotiator(s): Tom Miller, Jim Durfee, Mary Dietrich, Anthony J. La Bouff

Negotiating Parties: County of Placer; B.B. LLC; and John and Leslie Hyche

Under Negotiation: Price, terms of payment, or both

(B) §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:

Action:

8. ORDINANCE – Second Reading:

a. Personnel/Civil Service Commission (PDF) - Ordinance, as submitted by the Civil Service Commission, to create the new classification of Dispatch Services Manager, salary grade 427 ($5989-$7278 monthly) to be allocated to the Sheriff’s Department and abolishment of the classification of Communications Services Manager, salary grade 437 ($6614-$8039 monthly) from the allocation to the Sheriff’s Department.

9. ASSESSOR (PDF) - Approve Change Order #1 to Blanket Purchase Order #090180 with the firm Berliner, Kidder & Tish, for continued appraisal services to resolve decline in value assessment appeals filed by NEC Electronics USA, Inc., located in Placer County. The purchase order increase is in the amount of $50,000 for a revised amount of $99,900, and authorizes the Purchasing Manager to sign.

10. BOARD OF SUPERVISORS:

a. Approve a contract with Paula David (PDF) to provide Secretarial services to the Foresthill Forum Municipal Advisory Council.

b. Approve minutes of September 15, 2009 (PDF) and September 22, 2009.

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

a. 09-093, Bullock, Penelope, Unstated, (Bodily Injury)

12. COMMITTEES & COMMISSIONS:

a. Assessment Appeals Board (PDF) – Approve the reappointment of Kevin Eckard to Seat 3, as requested by Supervisor Holmes.

b. Colfax Veterans Memorial Hall Board (PDF) – Approve the appointments of Bob Candler to Seat 1, Joe Hagerty (alternate) to Seat 2 and the reappointments of John Hannigan to Seat 2, Eric Blackmun to Seat 3, Charles Gray to Seat 4 and Thomas Mason Jr. (alternate) to Seat 4, as requested by Supervisor Montgomery.

c. Placer Sierra Fire Safe Council (PDF) – Accept letter of resignation from Karina Silvas Seat 1 representing the Greater Colfax Area, effective October 5, 2009 and approve the appointment of Karina Silvas to Seat 4 representing Placer Hills Fire Protection District, as requested by Supervisor Montgomery.

d. Placer Sierra Fire Safe Council (PDF) – Approve the appointment of Matthew Brown to Seat 1 representing the Greater Colfax Area, as requested by Supervisor Montgomery.

13. 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. Approve the 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. Merit Increase (PDF) - Approve a 5% merit increase for Tim Wegner, Assistant Chief Building Official from Grade 445 Step 3 to Grade 445 Step 4 at $47.83 per hour, retroactive to September 12, 2009.

c. Merit Increase (PDF) - Approve a 5% merit increase for Margaret E. Nickle, Treasurer Tax Manager from Grade 453 Step 1 to Grade 453 Step 2 at $46.98 per hour, retroactive to September 26, 2009.

d. Merit Increase (PDF) - Approve a 5% merit increase for Diane Y. Handy, Treasurer Tax Manager from Grade 453 Step 1 to Grade 453 Step 2 at $46.98 per hour, retroactive to September 26, 2009.

e. Proposition 1A Securitization: (PDF)

1. Adopt a resolution approving and authorizing the execution and delivery of a purchase and sale agreement and related documents with respect to the sale of Placer County’s Proposition 1A receivable from the state; and directing and authorizing the required actions in connection with that sale and;

2. Adopt a resolution approving and authorizing the execution and delivery of a purchase and sale agreement and related documents with respect to the sale of Placer County Service Area 28 (All Zones of Benefit) Property Tax receivable from the state; and directing and authorizing the required actions in connection with that sale.

Attachment A (PDF) Attachment B (PDF) Attachment C (PDF) Attachment D (PDF)

14. COUNTY EXECUTIVE/EMERGENCY SERVICES:

a. North Tahoe Fire Protection District (PDF) - Adopt a resolution approving the North Tahoe Fire Protection District 2009 Capital Facilities and Mitigation Fee Expenditure Plan that contains a $0.01 decrease in all fees.

b. Truckee Fire Protection District (PDF) - Adopt a resolution approving the Truckee Fire Protection District Capital Facilities Plan and Mitigation Fee Plan for the Year 2009 which maintains unchanged its current fee structure.

c. Proclamation of Local Emergency (PDF) - Resolution continuing the 49 Fire Proclamation of Local Emergency made on August 30, 2009 and ratified in a special meeting on September 2, 2009.

15. FACILITY SERVICES:

a. Manhole Lining Rehabilitation (PDF), Project #40233 – Resolution accepting the project as complete and authorize the Director of Facility Services to execute and record the attached Notice of Completion.

b. Sewer Maintenance District #1 (PDF) - Ratify payment of an Administrative Civil Liability to the State Water Pollution Cleanup and Abatement Account in the amount of $6,000 for violations of permit discharge standards at the Sewer Maintenance District #1 Wastewater Treatment Plant, (Plant 1).

c. Historic Courthouse Entrance Paving (PDF), Project #9438 - Approve and ratify a Contract Change Order with Koch Excavating, Inc., in the amount of $48,198, and authorize the Director of Facility Services to execute.

d. Health & Human Services (PDF) 113-115 Improvements/Carpet Project, Project #4836 - It is recommended that the Board take the following actions associated with the Health and Human Services 113 -115 Improvements, Carpet Project, Project #4836, located in the Placer County Government Center in north Auburn:

1. Approve Plans and Specifications and authorize staff to solicit bids; and

2. Approve a Resolution authorizing the Director of Facility Services to award and execute a contract in an amount not-to-exceed $80,000, 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 & Section 20142 of the Public Contract Code.

16. HEALTH & HUMAN SERVICES:

a. Administrative Services/County Service Area 28, Zone 27 Ambulance Advisory Committee (PDF) - The Board is requested to take the following actions

a. Approve a Budget Revision for $184,086 that adjusts appropriations and cancels the remaining reserves of $89,855; and

b. Approve equal payments of all remaining funds to each of the six fire agencies operating within the zone in the amount of $14,956.50 to each agency for the purposes of emergency medical services. No County General Funds are associated with this action.

b. Adult System of Care - Approve a contract employee agreement with Donna Schindler, M.D. as staff psychiatrist from October 16, 2009 (PDF) through October 15, 2010 with direct compensation of $108,556, for a total compensation package not to exceed $174,811, and authorize the Chairman to sign subsequent amendments up to 10 percent of the original contract amount. This amount reflects the total cost of salary, benefits, and employer payroll contribution with the amount remaining the same as last year. The required County General Fund contribution for this contract is $52,443. These costs are included in the Department’s FY 2009-10 Final Budget.

c. Environmental Health (PDF) - Resolution reaffirming the Proclamation of a Local Health Emergency made by the County Health Officer on September 1, 2009.

d. In-Home Home Supportive Services (IHSS) Fraud Investigations Plan (PDF) - Approve the In-Home Supportive Services Fraud Investigations Plan and authorize its submission to the California Department of Social Services. The County is requesting $253,963 which would include a required County General Fund share of $41,142. These funds are not included in the Department’s 2009-10 Budget. Once the Plan is approved by the State, a budget revision will be required.

17. PERSONNEL:

a. 2010 CALPERS Health Insurance Contribution Rates/Employees & Retirees (PDF) - Approve annual resolutions (4) for the California Public Employees Retirement System, Health Benefits Division, which adopts the 2010 employer health insurance contribution levels effective January 1, 2010 for all Placer County employees and retirees.

b. Side Letter Agreement: (PDF)

1. Approve Side Letter Agreement with Placer Public Employee’s Organization. This agreement will implement revisions to the County’s Disciplinary Action policies and practices as required by the current Memorandum of Understanding between the Placer County and the Placer Public Employee’s Organization for the period July 1, 2006 through June 30, 2010.

2. Extend the same Disciplinary Action rules to classified management and confidential employees.

3. Introduction of an Ordinance amending Chapter 3 to reflect the side letter changes and extension of these provisions to classified management and confidential employees.

18. PROCUREMENT SERVICES (PDF) - 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. Ratify the Award of Contracts to Various Contractors for Emergency Lot Cleanup and Debris Removal Services to Abate Public Health Hazards Resulting from the 49 Fire.

19. PUBLIC WORKS:

a. Maintained Mileage Records (PDF) – Resolution certifying the Maintained Mileage Records which results in a new total County maintained mileage of 1056.286.

b. Local Transportation Fund (LTF) Claim Placer County Transit, Fiscal Year 2009/10 (PDF) – Resolution authorizing the execution of the 2009/10 Local Transportation Fund Claim for Placer County Transit, Tahoe Area Regional Transit, and Road Maintenance in the amount of $3,555,465.

c. Local Transportation Fund (LTF) Claim from Tahoe Regional Planning Agency (TRPA) for Tahoe Area Regional Transit, Fiscal Year 2009/10 (PDF) – Resolution authorizing the to execute the 2009/10 Local Transportation Fund Claim for Tahoe Area Regional Transit in the amount of $464,312.

d. Nevada County Transit Service Agreement (PDF)– Authorize the Chairman and Public Works Director to execute an agreement to reimburse Nevada County for providing transit service between Auburn and Grass Valley in the amount of $58,189 for FY 2009/10. This Agreement will automatically renew each July 1.

e. State Transit Assistance Funds Claim for Tahoe Area Regional Transit, Fiscal Year 2009/10 (PDF) – Resolution authorizing the Chairman to execute the 2009/10 State Transit Assistance (STA) Claim for Tahoe Area Regional Transit in the amount of $17,500 plus any accrued interest to date in carryover STA funds from previous years.

20. REDEVELOPMENT AGENCY BOARD:

a. Resolution approving the Relocation Plan (PDF) for eligible tenants and the Replacement Housing Plan for 325, 348, and 385 Deer Street, 265 Fox Street, and 200 Chipmunk Street, Kings Beach, CA, and authorize the Chief Assistant CEO-Redevelopment Director or designee to sign all related documents and issue relocation benefits pursuant to the approved Relocation Plan.

b. Resolution authorizing the Redevelopment Director or designee to execute an amendment to the Owner Participation Agreement (OPA) (PDF) with Auburn Plaza, LLC and to the Payment Guaranty (Guaranty) with Bernard L. Magnussen for the Auburn Plaza Shopping Center to Extend the Job Creation Requirements for One Year, and authorize the Redevelopment Director or designee to execute a maximum of two additional one-year extensions for the same.

c. Resolution authorizing the Chief Assistant CEO–Redevelopment (PDF) Director or designee to execute a services agreement between the Redevelopment Agency and the North Tahoe Business Association in the amount of $65,000.

d. Resolution authorizing the Chief Assistant CEO (PDF)–Redevelopment Director or designee to execute a services agreement between the Redevelopment Agency and the Tahoe City Downtown Association in the amount of $65,000.

***End of Consent Agenda***

ITEMS FOR INFORMATION:

21. Treasurer-Tax Collector - Treasurer’s Statement for the Month of September 2009. (PDF)

ADJOURNMENT

BOARD OF SUPERVISORS’ 2009 MEETING SCHEDULE:

November 3, 2009

November 17, 2009

December 8, 2009