COUNTY OF PLACER

BOARD OF SUPERVISORS

TUESDAY, JANUARY 13, 2009

AGENDA

8:30 a.m.

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

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

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

Kirk Uhler, District 4 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 Supervisor Rockholm.

1. CEREMONIAL ADMINISTRATION OF THE OATH OF OFFICE FOR INCOMING SUPERVISORS – Officiated by Jim McCauley, County Clerk-Recorder.

2. BOARD OF SUPERVISORS/REORGANIZATION OF THE BOARD:

a. Selection of 2009 Chairman.

Action:

b. Selection of 2009 Vice-Chairman.

Action:

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 4-9) - All items on the Consent Agenda (Items 13 thru 30) 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

9:10 a.m.

3. BOARD OF SUPERVISORS (PDF) – Presentation of a Resolution commending Community Development Resource Agency Director, John Marin, for nearly 30 years of dedicated public service to the residents of Placer County.

Action:

9:15 a.m.

4. FACILITY SERVICES/SEWER MAINTENANCE DISTRICT #1:

a. Public hearing to consider adoption of a resolution annexing property owned by Nadine Enderlin (PDF) , APN 053-103-045, and Clifford England, APN 053-101-015, located on Channel Hill Lane in Auburn, into the boundaries of the District.

Action:

b. Public hearing to consider adoption of a resolution annexing property owned by Diana Gunther (PDF) , APN 076-335-023, located on Virginia Drive, Auburn, into the boundaries of the District.

Action:

9:45 a.m.

5. COMMUNITY DEVELOPMENT RESOURCE AGENCY/PLANNING (PDF) – Public hearing to consider a request from Yuba County for a minor boundary line adjustment between Placer and Yuba Counties in accordance with Article 4 of Chapter 2, Title 3 of the Government Code. The area to be affected includes eight properties located southeast of the City of Wheatland and along the Bear River, consisting of Assessor Parcel Numbers 019-030-017, -019, -025, -026, and 019-020-003, -004, -005, and 019-040-001. The property affected by the proposed county line adjustment is currently designated Agriculture 20-acre minimum on the Placer County General Plan Land Use Diagram and is zoned Farm 20-acre minimum (F-B-X-20 acre).

Action:

10:00 a.m.

6. AGRICULTURE (PDF) – Presentation by Agriculture Department on the Placer County mandarin research, subsequent promotion and marketing success.

11:00 a.m.

7. FACILITY SERVICES/SEWER MAINTENANCE DISTRICT #1 (PDF) – Workshop regarding Sewer Maintenance District 1 compliance approach for sewage treatment.

12:00 NOON

8. LUNCH (PDF) – Placer County Administrative Center, 175 Fulweiler Avenue, Auburn - Discussion of the 2009 Boards & Commissions assignments and agenda scheduling.

DEPARTMENT ITEMS TO BE CONSIDERED FOR ACTION AS TIME ALLOWS

DEPARTMENT ITEMS:

9. ADMINISTRATIVE SERVICES/REVENUE SERVICES (PDF) - Authorize execution of an annual 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 maximum amount of $500,000.

Action:

10. HEALTH & HUMAN SERVICES:

a. Community Health and Clinics (PDF) - Take the following actions regarding Public Health Emergency Preparedness Programs:

a. Approve the 2008-2009 Comprehensive Public Health Preparedness revenue agreement with the California Department of Public Health (CDPH) in the amount of $1,027,983;

b. Sign the required Certification Regarding Lobbying and Non-Supplantation Certification Forms; and

c. Approve the attached Budget Revision in the amount of $164,000.

There is no County General Fund contribution required as a part of this agreement.

Action:

b. Administrative Services (PDF) – Authorize the Chairman to sign 2008-09 Health & Human Services budget revisions to transfer previously approved General Funds to individual Health & Human Services appropriations for service priorities approved at the August 12, 2008 Board Workshops. These Budget Revisions total $4,563,369, of which $2,101,168 is General Fund and $2,462,201 is increased State and Federal revenues.

Action:

11. FACILITY SERVICES/PROPERTY MANAGEMENT (PDF) - It is recommended that the Board take the following actions associated with acquisition of the 0.33± acre parcel containing a single family residential building located at 2315 Cottage Drive in Auburn, CA:

1. Approve the Agreement of Purchase and Sale between the County and Deutsche Bank National Trust Company, Incorporated. (DB), in the amount of $209,900 for the acquisition of the 0.33± acre parcel referred to as APN 051-110-008 including the 1,853± square foot residential building and associated site improvements; and

2. Approve a Resolution authorizing the Director of Facility Services, or his designee, to execute all documents and take such other actions as may be necessary or appropriate to implement the above-described action, to disburse funds associated with this transaction, execute the Purchase and Sale Agreement and record the Grant Deed for said property; and

3. Approve a Budget Revision transferring funds to complete the purchase of this property; and

4. Approve the addition of the property to the Master Fixed Asset List.

Action:

12. 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) Charles Neep vs. County of Placer, et al., Placer County Superior Court Case No.: SCV-22487

(b) Rose Pahl vs. Regional Transportation Commission of Washoe, County, et al., Second Judicial District Court of the State of Nevada, Washoe, County Case No.: CV08-02270

2. Anticipated Litigation:

a. Initiation of litigation pursuant to subdivision (c) of Government Code §54956.9: one potential case.

(B) §54957.6 - CONFERENCE WITH LABOR NEGOTIATORS

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

Employee organization: PPEO. DSA.

(C) §54957 – PUBLIC EMPLOYEE APPOINTMENT

(a) Title: County Counsel

CLOSED SESSION REPORT:

Action:

13. ORDINANCE – Second Reading (PDF) :

a. Facility Services/Museums – Ordinance amending Placer County Code Section 2.116.060 relating to elimination of admission fees for visiting Placer County Museums and allowing establishment or amendment of fees for educational and other public programs provided by the Museums Division and establishment/amendment of Rental Fees for facilities at the Bernhard Museum Complex to be set by Resolution.

14. WARRANT REGISTERS – Weeks ending November 7, 14, 21, & 28, 2008.

15. BOARD OF SUPERVISORS:

a. Approve the appointment of Jim McCauley (PDF) to continue serving as Placer County’s representative on the Department of Justice, Electronic Recording Delivery Act (EDRA) Advisory Committee.

b. Resolution commending Community Development Resource Agency Director, John Marin (PDF) , for nearly 30 years of dedicated public service to the residents of Placer County.

c. Approve minutes (PDF) of November 25 and December 9, 2008.

d. Approve 1-year District Aide Employment Agreement with Linda Brown (PDF) for general administrative and technical assistance to the District 1 Supervisor at an annual salary of $68,905 plus benefits.

e. Approve 1-year District Aide Employment Agreement with Brian Jagger (PDF) for general administrative and technical assistance to the District 4 Supervisor at an annual salary of $68,905 plus benefits.

f. Approve a 6-month District Aide Employment Agreement with Robert Haswell (PDF) for general administrative and technical assistance to the District 5 Supervisor at a salary of $31,252 plus benefits.

g. Approve a 1-year District Aide Tahoe Area Employment Agreement with Steve Kastan (PDF) for general administrative and technical assistance to the District 5 Supervisor at an annual salary of $59,529.60 plus benefits.

h. Approve 6-month Contract for Services for District 1 Web Page maintenance (PDF) and other general administrative assistance with contractor Kathy Carroll in the amount of $10,221.56.

i. Approve 6-month Contract for Services for District 2 Web Page maintenance (PDF) and other general administrative assistance with contractor Lyndell Grey in the amount of $10,221.56.

j. Approve a contract with Stephanie Baptista (PDF) to provide Secretarial services to the Foresthill Forum Municipal Advisory Council.

16. CLAIMS AGAINST THE COUNTY (PDF) – Reject the following claim, as recommended by Counsel:

a. 08-155, Placer Equipment Rental, $260.28, (Property Damage)

17. CLAIMS AGAINST THE COUNTY (PDF) – Reject the timely portion of the following claim and the Leave to Present a Late Claim as recommended by County Counsel.

a. 08-142, Morgan, Ms., Unstated, (Personal Injury)

18. COMMITTEES & COMMISSIONS:

a. Auburn Public Cemetery District (PDF) – Approve appointment of Terry Cooney to Seat 3, as requested by Supervisor Holmes.

b. County Parks Commission (PDF) – Approve reappointment of Jeff Calvert to Seat 5, Duane Whitelaw to Seat 6 and Richard Murray II to Seat 7, as requested by Supervisor Montgomery.

c. Library Advisory Board (PDF) – Approve reappointment of Celia Broadwell to Seat 5 and Sarah Arpe Malin to Seat 6, as requested by Supervisor Montgomery.

d. Mental Health, Alcohol, and Drug Advisory Board (PDF) - Approve reappointment of Isabel Bravo, Family Member, to Seat #8, as requested by the Mental Health, Alcohol, and Drug Advisory Board.

e. Older Adult Advisory Commission (PDF) – Accept letter of resignation from Helen Tierney-Bale Seat 8 representing the public-at-large, effective December 3, 2008.

f. Placer County Resource Conservation District (PDF) – Approve appointment of Robin Mahoney to Seat 7, and reappointment of Claudia Smith to Seat 3, Robert Wiswell, Jr. to Seat 4, and Thomas Wehri to Seat 6.

g. Planning Commission (PDF) – Approve reappointment of Gerald Brentnall, Jr. to Seat 7, representing West Sierra Crest (At-Large).

h. Planning Commission (PDF) – Approve appointment of Miner Gray III to Seat 5, as requested by Supervisor Montgomery.

i. Wastewater Advisory Committee (PDF) – Approve appointment of George Atteberry to Seat 11, representing Environmental Consultant.

j. Municipal Advisory Council (Foresthill Forum) (PDF) – Approve appointment of Sharon Page to Seat 4, John Laster to Seat 3 effective February 1, 2009 and the reappointment of Roy West to Seat 1, Gail McCafferty to Seat 2 and Larry Jordan to Seat 6, as requested by Supervisor Montgomery.

k. Municipal Advisory Council (Granite Bay) (PDF) - Approve reappointment of Walter Pekarsky to Seat 4 and Virg Anderson to Seat 7 as requested by Supervisor Uhler.

l. Municipal Advisory Council (Horseshoe Bar) (PDF) – Approve reappointments of Mark Fortner to Seat 1, Kurt Turner to Seat 2, Cheryl Tiburzi to Seat 4 and Dennis Gage to Seat 5, as requested by Supervisor Holmes.

m. Municipal Advisory Council (Newcastle/Ophir) (PDF) – Approve reappointment of Ed Sander to Seat 3, Dick Dal Pino to Seat 4, Sam Moore to Seat 5 and Elliott Rose to Seat 6, as requested by Supervisor Holmes.

n. Municipal Advisory Council (North Auburn) (PDF) – Approve reappointment of Gregory Wilbur to Seat 1, Ken Gregory to Seat 2, Dave Hungerford to Seat 4 and Chuck Rydell to Seat 5, as requested by Supervisor Holmes.

o. Municipal Advisory Council (North Tahoe Regional) (PDF) - Approve appointment of Rick Marshall to Seat 4, effective February 1, 2009 and reappointment of David Polivy to Seat 3, as requested by Supervisor Montgomery.

p. Municipal Advisory Council (Penryn) (PDF) – Approve reappointment of Robert Brodovsky to Seat 1, Mike Bishop to Seat 2, Judy Bennett to Seat 3, Patty Neifer to Seat 4 and Gayle Russell to Seat 5, as requested by Supervisor Holmes.

q. Municipal Advisory Council (Squaw Valley) (PDF) – Approve appointment of Maureen O’Keefe to Seat 1 effective February 1, 2009, as requested by Supervisor Montgomery.

r. Municipal Advisory Council (Weimar/Applegate/Colfax) (PDF) – Approve the appointment of Don Adams to Seat 1, effective February 1, 2009 and reappointment of Marilynn Tausch to Seat 5, as requested by Supervisor Montgomery.

19. COMMUNITY DEVELOPMENT RESOURCE AGENCY/ENGINEERING & SURVEYING – The Department inspected construction of all improvements within the following projects and found the work to be in accordance with approved standards. Therefore, it is requested that the Board take the following actions:

a. Martis Camp (aka Siller Ranch) Unit 2, Tract # 956, PN 8470 (PDF) - Accept the improvements as complete.

b. Martis Camp (aka Siller Ranch) Unit 3, Tract # 966, PN 8480 (PDF) - Accept the improvements as complete.

c. Martis Camp (aka Siller Ranch) Unit 5, Tract #981, PN 8513 (PDF) - Accept the improvements as complete; authorize the Faithful Performance and Labor and Materials sureties to be reduced to Faithful Performance 25% immediately upon Board’s approval & Labor and Material 50% or the total of all claims per G.C.66499.7, whichever is higher, for six months or longer if claims exist.

20. COUNTY EXECUTIVE:

a. Approve a 5% merit increase for Charles C. Gordon, Public Works Manager (PDF) , from Grade 452 Step 1 to Grade 452 Step 2 at $ 44.31 per hour, retroactive to March 17, 2007, and approve a 5% merit increase for Charles C. Gordon, Public Works Manager, from Grade 452 Step 2 to Grade 452 Step 3 at $46.52 per hour, retroactive to March 15, 2008.

b. Approve a 5% merit increase for Troy D. Held, Director of Child Support Services (PDF) from Grade 664 Step 3 to Grade 664 Step 4 at $71.88 per hour, effective/retroactive to January 3, 2009.

c. Approve a federal advocacy contract in the amount of $144,000 with the firm of Holland & Knight, LLP (PDF) for a 12-month period beginning January 1, 2009. And for the same time period, approve a state advocacy contract in the amount of $46,411 with the firm of Peterson Consulting, Inc.

21. COUNTY EXECUTIVE/EMERGENCY SERVICES:

a. Resolution approving the North Tahoe Fire Protection District (PDF) 2008 Capital Facilities and Mitigation Fee Expenditure Plan that contains an 8.6% increase in fees.

b. Resolution approving the Alpine Springs County Water District (PDF) 2008 Capital Facilities and Mitigation Fee Expenditure Plan that contains an 8.3% increase in fees.

22. DISTRICT ATTORNEY (PDF) - Approve an increase in funds to BP015190 with Valley Toxicology of West Sacramento in the amount of $32,028, for drug and alcohol analysis and phlebotomy services required for criminal prosecution by the District Attorney.

23. FACILITY SERVICES:

a. Newcastle Elementary School District (PDF) - Approve a Use Agreement with the Newcastle Elementary School District authorizing the use of Park Dedication Fees from Recreation Area #15, Ophir/Newcastle, in the amount of $66,000 for a playground and nature trail bridge.

b. Franklin School Community Park (PDF) - Resolution authorizing the Director of Facility Services to execute Amendment #1 to Agreement CN011984 with RJM Design Group, Inc. after review and approval of County Counsel and Risk Management. This Amendment increases the amount by $19,389, for a not-to-exceed total of $97,587 for services associated with converting the design of the park from having a natural turf playfield to a synthetic turf playfield.

24. HEALTH & HUMAN SERVICES/COMMUNITY HEALTH AND CLINICS (PDF) - Approve and authorize the Purchasing Manager to sign the following change orders:

a. Change Order #1 to Blanket Purchase Order #15189 with Radiological Associates of Sacramento for radiological imaging studies and diagnostic services for the period of October 1, 2007 through September 30, 2008, increasing the maximum amount by $32,000 for a revised maximum amount of $232,000, and

b. Change Order #1 to Blanket Purchase Order # 16197 with Radiological Associates of Sacramento for radiological imaging studies and diagnostic services for the period of October 1, 2008 through September 30, 2009, increasing the maximum amount by $25,000 for a revised maximum amount of $245,000, and clarifying that Placer County will only pay for services that have received prior or retroactive authorization.

These services are fully funded with County General Funds and the costs for services provided during 2008/09 are reflected in the 2008/09 Final Budget.

25. PERSONNEL/CIVIL SERVICE COMMISSION (PDF) - Approve the Placer County Equal Employment Opportunity Program Plan for the period January 1, 2009 through December 31, 2009.

26. 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, Food Items/Health and Human Services (PDF) – Renew Negotiated Blanket Purchase Order #15376 with Sam’s Club, in the amount of $75,000.

b. Purchase Order, Software Maintenance & Support of Permit Tracking System for Land Development/Administrative Services/IT (PDF) - Award Sole Source Purchase Order to Accela, Inc., in the maximum amount of $95,393.89.

c. Blanket Purchase Order, Recycled White Bond Paper/Administrative Services/Central Services (PDF) - Award Blanket Purchase Order as a Result of a State of California Competitive Contract to Midtown Stationers, in the maximum amount of $165,000.

d. Blanket Purchase Order/Financial Information Services/Treasurer Tax-Collector (PDF) - Award Sole Source Blanket Purchase Order with Bloomberg L.P., in the maximum amount of $100,000.

e. Blanket Purchase Order, Clinical and Forensic Laboratory Services/Health & Human Services (PDF) - Renew Blanket Purchase Order with Laboratory Corporation of America, as a result of Competitive Bid #9618, in the maximum amount of $120,000.

f. Blanket Purchase Order, Forensic Toxicology Laboratory Services/Sheriff-Coroner-Marshall (PDF) - Renew Sole-Source Blanket Purchase Order with National Medical Services, in the maximum amount of $70,000.

27. PUBLIC WORKS:

a. Cook Riolo Road Bridge Replacement Project, Contract #73161 (PDF) – Resolution approving a Mitigated Negative Declaration (MND) with the required findings and mitigations for the Cook Riolo Road Bridge at Dry Creek; and approve the Project as described in the MND and subject to all mitigations described in the MND.

b. Tahoe City Residential Erosion Control Project (State Clearinghouse #2008102102) (PDF) – Resolution adopting a Mitigated Negative Declaration (MND) with the required findings for the Tahoe City Residential Erosion Control Project; and approve the Project as described in the MND and subject to all mitigations prescribed in the MND.

c. Walerga Road Bridge Replacement Project, Contract #73199 (PDF) – Resolution approving a Mitigated Negative Declaration (MND) with the required findings and mitigations for the Walerga Road Bridge at Dry Creek; and approve the Project as described in the MND and subject to all mitigations described in the MND.

28. 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 $250 (PDF) in Revenue Sharing monies to the Boys and Girls Club of Auburn, as requested by Supervisor Rockholm.

b. Approve appropriations of $400 (PDF) in Revenue Sharing monies to the Child Advocates of Placer County Court Appointed Special Advocates (CASA) Program, as requested by Supervisor Rockholm ($200) and Supervisor Holmes ($200).

c. Approve appropriation of $250 (PDF) in Revenue Sharing monies to the Earth Stewardship Conference 2009, as requested by Supervisor Holmes ($250).

d. Approve appropriation of $500 (PDF) in Revenue Sharing monies to the Keaton Raphael Memorial “A Beacon of HOPE for Children with Cancer”, as requested by Supervisor Rockholm ($250) and Supervisor Uhler ($250).

e. Approve appropriation of $850 (PDF) in Revenue Sharing monies to the Lazarus Project for the 9^th Annual St. Patrick’s Day Celebration Dinner, as requested by Supervisor Rockholm ($150), Supervisor Holmes ($200) and Supervisor Uhler ($500).

f. Approve appropriation of $200 (PDF) in Revenue Sharing monies to the Lincoln High School 2009 Sober Grad Night Celebration, as requested by Supervisor Weygandt.

g. Approve appropriation of $250 (PDF) in Revenue Sharing monies to the Placer County Sheriff’s Department “Search & Rescue Organization”, as requested by Supervisor Uhler.

h. Approve appropriation of $600 (PDF) in Revenue Sharing monies to the PlacerGROWN 14^th Annual Food and Farm Conference, as requested by Supervisor Rockholm ($150), Supervisor Weygandt ($200) and Supervisor Holmes ($250).

i. Approve appropriation of $100 (PDF) in Revenue Sharing monies to the Placer High School Safe and Sober Grad Night 2009, as requested by Supervisor Holmes.

j. Approve appropriation of $100 (PDF) in Revenue Sharing monies to the 2009 Police Unity Tour, as requested by Supervisor Rockholm.

k. Approve appropriation of $250 (PDF) in Revenue Sharing monies to the PRIDE Foundation, to expand opportunities for people with disabilities, as requested by Supervisor Rockholm ($250).

29. SHERIFF:

a. Approve a budget revision and modification of the Master Fixed Asset List (PDF) to purchase criminal justice technology systems funded through the State Department of Homeland Security (DHS). These DHS funded projects total $157,500. They include the In-car Camera System Pilot ($148,000) and programming for the Countywide Geographic Information System/Mapping Improvement ($9,500), and authorize the Purchasing Manager to execute any related contract documents.

b. Accept and add equipment to the Master Fixed Asset List (PDF) , in the total amount of $10,000, for two vehicles used in Sheriff’s Investigations. The equipment is being acquired through the Federal Government’s Excess Property Program and is valued at $5,000 each.

c. Approve a budget revision in an amount not-to-exceed $12,500 (PDF) to purchase a washing machine from the existing Jail COPS Supplemental Law funds, add to the Master Fixed Asset List, and authorize the Purchasing Manager to execute any related documents.

30. TREASURER/TAX COLLECTOR (PDF) – Ratify the temporary borrowing of Treasury funds, for an additional amount estimated to be $250,000 for fiscal year 2008/09, by the South Placer Fire Protection District, Fund 531 sub-fund 430, as prescribed by the California State Constitution.

***End of Consent Agenda***

ITEMS FOR INFORMATION:

31. CITY OF AUBURN (PDF) – Resolution relating to the future operation of the Middle Fork Project.

32. TREASURER-TAX COLLECTOR (PDF) – Treasurer’s Statement for the month of November 2008.

ADJOURNMENT

BOARD OF SUPERVISORS’ 2009 MEETING SCHEDULE:

January 27, 2009

February 10, 2009

February 24, 2009