COUNTY OF PLACER

BOARD OF SUPERVISORS

TUESDAY,  AUGUST 1, 2006

AGENDA

9:00 a.m.

Bill Santucci, 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

Edward “Ted” M. Gaines, District 4                                                                                                  Mike Boyle, Assistant County Executive

Bruce Kranz, District 5, Vice Chairman                                                                                     Holly Heinzen, Assistant County Executive

                                                                                                                                                                             Ann Holman, Clerk of the Board

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

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 Santucci.

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 1 thru 13) 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 will be moved from the Agenda for discussion.

Action:

 1.   ORDINANCES – Second reading:

a.    Personnel (PDF) – Ordinance amending Chapter 3, Sections 3.12.020 and 3.12.030, classified and unclassified service salaries for engineering and engineering management salaries due to Side Letter of Agreement with Placer County Public Employee Organization (PPEO) regarding the implementation of salary adjustments for the professional engineering and surveyor classifications.

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AUGUST 1, 2006

b.    Personnel/Civil Service Commission (PDF) – Ordinance amending Chapter 3, Section 3.12.010, Allocation of Positions to Departments, reflecting the reclassifications of one Account Clerk Entry/Journey position to an Accounting Technician in the Sheriff’s Department, one Homemaker position, to a Client Services Assistant I/II in the Health and Human Services Department, and one Administrative Clerk Entry/Journey position to Secretary Entry/Journey in the Facility Services Department.

2.   BOARD OF SUPERVISORS (PDF) - Resolution commending Fred Morawcznski, Chief Probation Officer, upon his retirement and for his dedicated service to Placer County.

3.   CHILD SUPPORT SERVICES (PDF) - Resolution proclaiming August 2006 as “Child Support Awareness Month”.

4.   CLAIMS AGAINST THE COUNTY (PDF) – County Counsel recommends rejection of the following claims:

a.    06-054, State Farm Insurance, Not Stated (Bodily Injury).

b.    06-075, Wipfler, Lisa, $700,000 (Bodily Injury).

 5.   COMMITTEES & COMMISSIONS:

a.    Older Adult Advisory Commission (PDF) – Approve reappointment of a three year term for the following:  Marion Faustman to Seat #12 (California Senior Legislature), Delta Ricky to Seat #15 (Multi-Purpose Senior Center) and Eldon Luce to Seat #21 (Health & Human Services).

6.   COUNTY CLERK/ELECTION (PDF) - Resolution authorizing the County Clerk to render election services for elections to be held November 7, 2006.

7.   COUNTY CLERK/RECORDER (PDF) - Approve one-year contract extension with AtPac, in the amount of $170,721.71, for the Clerk-Recorder Imaging Information System, including software licensing, maintenance and related support.

8.   COUNTY EXECUTIVE/EMERGENCY SERVICES (PDF) - Staff recommends the Board take the following actions:

· Approve a resolution replacing of the Ponderosa Fire Safe Council with the Placer Sierra Fire Safe Council (PSFSC);

· Approve an increase from 45,000 to 87,500 acres and modify the “new” Council core group membership to accommodate the increased acreage and population;

· Authorize the Chairman to sign the new Placer Sierra Fire Safe Council Partnership Agreement;

· Direct the Clerk of the Board to post vacancies for the Placer Sierra Fire Safe Council; and

· Approve reappointment of two current members of the Council from the Placer Hills Fire Protection District and extend their expiration dates to coincide with the calendar year.

      Timothy Robinson to Seat #2 (Meadow Vista) expiring January 31, 2008.

      Gary Winegar to Seat #3 (Applegate) to expire January 31, 2009.

 9.   FACILITY SERVICES:

a.    Loomis Library Expansion, Project #4705 (PDF) - Approve plans and specifications for the project and authorize staff to solicit bids for construction.

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AUGUST 1, 2006

b.    Public Works Site Preparation Phase at Cabin Creek (PDF) – Amend consultant agreement with Harris & Associates, Inc., in an amount not to exceed $34,000, for construction management services for the Public Works Operations and Maintenance Facility in Truckee.

10.  HEALTH & HUMAN SERVICES/CHILDREN’S SYSTEM OF CARE:

a.    Approve amendment to Contract #11913 (PDF) with Sierra Family Services, increasing the net amount for FY 2005/06 from $1,844,203 to $1,854,203.

b.    Approve agreement with B. Burrows Company, Inc., dba Burrows Security Force (PDF) , from August 1, 2006 through June 30, 2007, in the amount of $107,000, to provide security personnel for the mental health crisis services performed by Placer County Adult, Child and Community Emergency Services System (ACCESS) at Sutter Roseville Medical Center, and authorize the Health & Human Services Director to sign.

11.  HEALTH & HUMAN SERVICES/COMMUNITY HEALTH (PDF) – Approve appointment of Dennis Cain, Utilization Review/Quality Assurance Coordinator, as the County Privacy and Security Officer, as required by the Health Insurance Portability and Accountability Act (HIPAA).

12.  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 $1,000 in Revenue Sharing monies (PDF) to Fruitvale School Charitable Association and PlacerGROWN’s 2^nd Annual Outdoor Melodrama, as requested by Supervisor Weygandt.

b.    Approve appropriation of $500 in Revenue Sharing monies (PDF) to Auburn Community Concert Associations 61^st Annual Concert Season, as requested by Supervisor Holmes.

13.  VETERANS (PDF) – Resolution authorizing the Chairman to sign the California Department of Veterans Affairs, County Subvention Program and Medi-cal Cost Avoidance Program Certificates of Compliance for FY 2006/07 and authorizing the County Executive Officer to sign the Certificate in future fiscal years.

***End of Consent Agenda***

DEPARTMENT ITEMS TO BE DISCUSSED BEFORE NOON, AS TIME ALLOWS

DEPARTMENT ITEMS

14.  ADMINISTRATIVE SERVICES/PROCUREMENT – Authorize the Purchasing Manager to sign the following:

a.    Request for Proposal #9572, Multi-Function Digital Copiers/Countywide (PDF) – Award to Toshiba Business Solutions, in the maximum amount of $2,995,500, for a five-year contract.

       Action:

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AUGUST 1, 2006

15.  AUDITOR/CONTROLLER (PDF) - Staff requests approval of FY 2005/06 budget revisions to complete the accounting transaction for the fiscal year and allocation of new funding and cancellation of funding to various designation accounts:

1.    Approval of budget revisions (3) necessary to complete the accounting transactions for the fiscal year ending June 30, 2006.

       Action:

2.    Approval to allocate $141,420 to the designation for fixed asset acquisition in FY 2005/06 that resulted from interest earned on the Capital Improvement Securitization Fund.

       Action:

3.    Approval to increase funding to the following designations in order to comply with Board adopted Budget and Financial Policies:

       $1,540,105 designation for economic uncertainties, and

       $3,323,782 designation for fixed asset depreciation.

       Action:

4.    Board approval for a new designation of $1.5 million to provide future match funding requirements to procure State, Federal and other funding for bridge, road, etc. projects.

       Action:

5.    Approval to increase the designation for contingency of $3,576,748 in the Workers Compensation Fund.

       Action

6.    Board approval of the following actions that relate to Other Post Employment Benefits (OPEB):

a.    Approve the budget revision that moves $10 million from the designation for other post employment benefits (OPEB) out of designations and into a County trust account in order that those funds can earn interest

b.    Approve the budget revision in the amount of $347,708 to the trust account that represent interest earnings on the $10 million noted in “a” above during FY 2005-06.

c.    Approve the budget revision that adds funding to the County trust in response to GASB Statement No. 45 related to other post-employment benefits (OPEB) in the amount of $10 million dollars.

Action:

16.  COUNTY CLERK/ELECTIONS (PDF) - Staff recommends the Board take the following actions:

a.    Approve purchase of 310 Help America Vote Act (HAVA) compliant and accessible touch screen voting machines and related equipment, supplies and services, in an estimated cost of $1.725 million;

b.    Authorize the County Clerk–Recorder–Registrar of Voters to execute the resultant contracts, subject to County Counsel approval;

c.    Approve a resolution authorizing the County to enter into a reimbursement agreement with the State for HAVA Sect. 301 (voting systems compliance and accessibility) Federal funds to offset touch screen equipment and system acquisition costs; and

d.    Authorize the County Clerk-Recorder-Registrar of Voters to execute said agreement and related documents with the State, on behalf of the County, as set forth in the resolution.

Action:

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AUGUST 1, 2006

17.  FACILITY SERVICES:

a.    Public Works Building Phase at Cabin Creek (PDF) - Approve a consultant services agreement with Harris & Associates, Inc. in an amount not to exceed $330,000, for construction management services for the Public Works Operations and Maintenance Facility in Truckee.

       Action:

b.    Recreation Area #5 (Meadow Vista/Auburn Area) (PDF) - Approve use of Park Dedication Fees from Recreation Area #5, in the amount of $57,220, for construction of the Meadow Vista Community Center and authorize the Chairman to execute the use agreement. 

       Action:

c.    Sheridan Wastewater Pond Construction Project (PDF) – Staff recommends the Board take the following actions associated with the Sheridan Wastewater Pond Construction Project:

1.    Resolution authorizing a loan, in the amount of $800,000, from the County Service Area Revolving Fund to County Service Area  28, Zone #6 (Sheridan) and approve a budget revision appropriating the loan proceeds in FY 2006/07.

2.    Resolution adopting a Mitigated Negative Declaration for the Sheridan Wastewater Pond Construction with the required findings in conformance with the California Environmental Quality Act.

3.    Approve plans and specifications and authorize staff to solicit bids for the project.

4.    Authorize the Facility Services Director to execute the resulting construction contract, in an amount not-to-exceed $800,000, upon County Counsel approval, and approve any required change orders consistent with the County Purchasing Manual.

               Action:

18.  PUBLIC WORKS (PDF) – Introduction of an ordinance, creating Chapter 8, Article 8.28, for compliance with stormwater permit requirements, supporting implementation of the County’s Stormwater Quality Program, pursuant to the National Pollutant Discharge Elimination System Phase 1 and 2 municipal permits.

       Action:

19.  COUNTY EXECUTIVE/REDEVELOPMENT AGENCY (PDF) - Resolution approving the use of up to $4,600 of tax increment bond proceeds to purchase a permanent drainage easement for the Jackpine Street Public Parking Lot, make findings required by Health and Safety Code Section 33445, and authorize the Chief Assistant CEO-Redevelopment Director or designee, to sign all related documents, subject to the review of Agency Counsel.

       Action:

ADJOURN AS THE PLACER COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE REDEVELOPMENT AGENCY BOARD

20.  REDEVELOPMENT AGENCY BOARD (PDF) - Resolution approving the use of up to $4,600 of tax increment bond proceeds to purchase a permanent drainage easement for the Jackpine Street Public Parking Lot, make findings required by Health and Safety Code Section 33445, and authorize the Chief Assistant CEO-Redevelopment Director or designee, to sign all related documents, subject to the review of Agency Counsel.

       Action:

ADJOURN AS THE REDEVELOPMENT AGENCY BOARD AND

RECONVENE AS THE PLACER COUNTY BOARD OF SUPERVISORS

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AUGUST 1, 2006

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

LITIGATION

PERSONNEL SESSION/LABOR RELATIONS

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

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)   Pacific Gas and Electric Company vs. State Board of Equalization, et al, San Joaquin County Superior Court Case No.: CV 026962 CPH.

(b)   Susan Porter vs. Placer County Department of Health and Human Services, et al., Placer County Superior Court Case No.: SCV-19561.

(c)   Bickford Ranch Heritage Coalition of WPCARE vs. County of Placer, Placer County Superior Court Case Number: SCV12793, Court of Appeal, Third Appellate District Case No.: C047630.

(d)   Town of Loomis, vs. Placer County, Placer County Superior Court Case No.: SCV14231.

(e)   Deborah Doerfler-Casner vs. County of Placer, U.S.D.C. Eastern District Case No.: CIV.S-03-1864 WBS KJM.

(f)    Diane Barsotti-Painter, WCAB Claim, Claim No.: SAC0349312.

(g)   John Pellini, WCAB Claim, SAC291530 and SAC327306.

(B) §54957.6 - CONFERENCE WITH LABOR NEGOTIATOR

       Agency negotiator: CEO/Personnel Director

       Employee organization: PPEO/DSA/Management

CLOSED SESSION REPORT:

TIMED ITEMS TO BE DISCUSSED AT THE TIME SHOWN:

9:00 a.m.

22.  PLANNING/HOME DEPOT PROJECT/APPEAL/CONDITIONAL USE PERMIT/TENTATIVE PARCEL MAP (PCPB T20060166/PMLD T20060173) ENVIRONMENTAL IMPACT REPORT (SCH# 1997122100) (PDF) - Consider consent to the withdrawal of the appeal by Friends of Placer County Communities, Inc., thereby making the decision of the Planning Commission on April 27, 2006, the final decision for the approval of the Home Depot DeWitt Center Final Environmental Impact Report (SCH No. 1997122100), Conditional Use Permit No. PCPB T20060166 and Tentative Parcel Map No. PMLD T20060173, and direct the Planning Director to file a Notice of Determination with the County Clerk within five (5) working days in accordance with Public Resources Code Section 21152(a) and California Environmental Quality Act Guidelines Section 15094.

Action:

9:30 a.m.

23.  DISTRICT ATTORNEY (PDF) – Presentation of the 2006 Citizen's Recognition Awards, followed by a reception in Conference Room A.

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AUGUST 1, 2006

10:00 a.m.

24.  BOARD OF SUPERVISORS (PDF) – Presentation of a resolution commending Fred Morawcznski, Chief Probation Officer, upon his retirement and for his dedicated service to Placer County.

10:30 a.m.

25.  PLANNING/APPEAL/MAGGI COUNTRY ESTATES/APPEAL OF CONDITIONS OF APPROVAL FOR TENTATIVE SUBDIVISION MAP “MAGGI COUNTRY ESTATES” (PSUBT-20060221) MITIGATED NEGATIVE DECLARATION (PDF) - Public hearing to consider an appeal from Dr. Janis Cox Jones of specific conditions of approval included in the project as approved by the Planning Commission.  Specifically, the appellant has appealed the approval of Condition 80 related to allowing the raising and keeping of livestock within the subdivision. The Applicant and the Appellant have agreed to a modification of the condition to allow horses to be kept on lots within the project.  The property (APN #037-101-051) is located at 3918 Auburn-Folsom Road in the Loomis area, and is currently zoned RA-B-100 (Residential-Agricultural, Combining Building Site of 100,000 square feet).  The Board of Supervisors will also consider the adoption of a Mitigated Negative Declaration for the project (EIAQ-3798).  Exhibit A (PDF),   Exhibit B (PDF),   Exhibit C (PDF), Exhibit D (PDF),   Exhibit E (PDF),   Exhibit F (PDF),   Exhibit G (PDF)

       Action:

ITEMS FOR INFORMATION:

26.  TREASURER/TAX COLLECTOR (PDF)- Treasurer’s Statement for the month of June 2006.

ADJOURNMENT

BOARD OF SUPERVISORS’ 2006 MEETING SCHEDULE:

August 15, 16 & 17, 2006 (Budget)

August 22, 2006

September 26, 2006

October 10, 2006

October 23, 2006 (Tahoe)

October 24, 2006 (Tahoe)