COUNTY OF PLACER
BOARD OF SUPERVISORS
SUMMARY ACTION
Tuesday, September 01, 2020
9:00 a.m.
County Administrative Center, 175 Fulweiler Avenue, Auburn, CA 95603
Bonnie Gore, District 1, Chair Todd Leopold, County Executive Officer
Robert Weygandt, District 2, Vice Chair Karin Schwab, County Counsel
Jim Holmes, District 3 Megan Wood, Clerk of the Board
Kirk Uhler, District 4 Marci Branaugh, Deputy Clerk of the Board
Cindy Gustafson, District 5
PUBLIC PARTICIPATION PROCEDURES:
For those not in attendance Public Comment for the Board Meeting will be offered telephonically into the Board Chambers. Citizens who wish to speak on an Agenda item can sign up to provide public comment using the County’s public comment reservation system by calling 530-886-1800 until 8:30am the day of the meeting. Staff will call the citizens who have signed up to speak when the Chair calls for public comment on the item they requested. Public Comment will be opened for each agenda item, and citizens may also call in during the meeting when the Board Chair announces the item. Please note there is a slight delay in the livestream and citizens who do not use the reservation system are encouraged to call in when the item is announced instead of waiting for the Chair to formally open up the public comment for the item. Calls will be taken on a first come basis and there may be a wait time. Calls will not be connected if Public Comment has been closed from that item, and callers will be directed to call back if they are calling for a later agenda item.
**Sign-ups for Public Comment will be accepted starting at the posting of this agenda**
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. The County’s livestream includes closed captioning.
FLAG SALUTE: Led by Supervisor Weygandt
CONSENT AGENDA: Consent Agenda approved as indicated.
MOTION Holmes/Uhler/Unanimous Roll Call Vote 5:0
AYES: Weygandt, Holmes, Uhler, Gustafson, Gore
PUBLIC COMMENT: 1.) Pam Salsado spoke about the Great Plates Delivery Program. 2.) Lisa Ternero spoke about school closures related to COVID-19. 3.) Sheriff Bell, Sgt. Jason Davis, Brian Thompson, Cheryl Berg, Debora Seral, William Irving, Terra DaSilva spoke regarding the Deputy Sheriff’s Association Contract negotiations.
BOARD MEMBER AND COUNTY EXECUTIVE REPORTS: Supervisor Gustafson and Supervisor Weygandt requested information related to the Deputy Sheriff’s Association Contact negotiations be shared with the public.
TIMED ITEMS to be discussed at the time shown or shortly thereafter
9:50 a.m.
1. COMMUNITY DEVELOPMENT RESOURCE AGENCY
1. Adopted Resolution 2020-186 to confirm annexation of the Glen Willow subdivision (Assessor Parcel Numbers 023-200-089 and 023-200-076) and ordering and directing related matters for Community Facilities District No. 2017-1 (Riolo Vineyard Specific Plan).
MOTION Holmes/Weygandt Vote 4:0 (Uhler Absent)
AYES: Weygandt, Holmes, Gustafson, Gore
ABSENT: Uhler
MOTION Holmes/Weygandt Vote 4:0 (Uhler Absent)
AYES: Weygandt, Holmes, Gustafson, Gore
ABSENT: Uhler
10:00 a.m.
2. COMMUNITY DEVELOPMENT RESOURCE AGENCY
A. Third-Party Appeal – Wilson Minor Land Division (PLN19-00123)
1. Conducted a Public Hearing to consider a third-party appeal filed by Dana Lyon.
2. Denied the third-party appeal filed by Dana Lyon.
3. Upheld the Planning Commission’s July 9, 2020 decision to adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program prepared for the Wilson Minor Land Division project pursuant to CEQA.
4. Upheld the Planning Commission’s July 9, 2020 decision to approve the Wilson Minor Land Division (PLN19-00123) subject to the conditions attached herein to the staff report.
MOTION Uhler/Weygandt/Unanimous Vote 5:0
AYES: Weygandt, Holmes, Uhler, Gustafson, Gore
10:25 a.m.
3. COMMUNITY DEVELOPMENT RESOURCE AGENCY
A. Third-Party Appeal – Sehr Winery Administrative Review Permit (PLN18-00469)
1. Conducted a Public Hearing to consider a third-party appeal filed by Jackie Hoyt.
2. Denied the third-party appeal filed by Jackie Hoyt.
3. Upheld the Planning Commission’s May 28, 2020 decision to adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program prepared for the Sehr Winery project pursuant to CEQA.
4. Upheld the Planning Commission’s May 28, 2020 decision to approve the Sehr Winery Administrative Review Permit, subject to the conditions attached herein to the staff report.
MOTION Uhler/Weygandt/Unanimous Vote 5:0
AYES: Weygandt, Holmes, Uhler, Gustafson, Gore
11:25 a.m.
4. COMMUNITY DEVELOPMENT RESOURCE AGENCY
A. Request for Continuance - Appeal of Planning Commission’s Denial of a Vesting Tentative Subdivision Map, Conditional Use Permit, Variance, and Administrative Review Permit for the Lakeside Redevelopment Project (formerly known as Laulima)
1. Continued off-calendar the public hearing to consider the Appeal of Planning Commission’s Denial of a Vesting Tentative Subdivision Map, Conditional Use Permit, Variance, and Administrative Review Permit for the Lakeside Redevelopment Project (formerly known as Laulima).
MOTION Gustafson/Weygandt Vote 4:0 (Holmes Absent)
AYES: Weygandt, Uhler, Gustafson, Gore
ABSENT: Holmes
11:30 a.m.
5. COUNTY EXECUTIVE
1. Received an update from the Placer County Public Health Officer on the Novel Coronavirus (COVID-19).
2. Ratified the letter dated August 26, 2020 by Chair Gore to Governor Newsom Regarding COVID-19 Statewide Response.
MOTION Weygandt/Gustafson/Unanimous Vote 5:0
AYES: Weygandt, Holmes, Uhler, Gustafson, Gore
2:00 p.m.
6. COMMUNITY DEVELOPMENT RESOURCE AGENCY
A. Placer County Conservation Program
NOTE: This item was continued by the Board from the August 25, 2020 meeting.
Conducted a public hearing to consider a recommendation from the Placer County Planning Commission for approval of the following:
1. Adopted Resolution 2020-188 to certify the Placer County Conservation Program Final Environmental Impact Report / Environmental Impact Statement (SCH# 2005032050) prepared pursuant to the California Environmental Quality Act, and adopt the Mitigation Monitoring and Reporting Program supported by the Findings of Fact and Statement of Overriding Considerations.
MOTION Weygandt/Uhler/Unanimous Vote 5:0
AYES: Weygandt, Holmes, Uhler, Gustafson, Gore
2. Adopted Resolution 2020-189 to amend the Placer County General Plan to revise Sections 1 (Land Use) for Open Space, Habitat, and Wildlife Resources, and Section 6 (Natural Resources) for Wetland and Riparian Areas, Fish and Wildlife Habitat, Vegetation and Open Space for the Preservation of Natural Resources.
MOTION Weygandt/Uhler/Unanimous Vote 5:0
AYES: Weygandt, Holmes, Uhler, Gustafson, Gore
3. Adopted Resolution 2020-190 to approve the Placer County Conservation Program (“PCCP”) consisting of the:
a. Western Placer County Habitat Conservation Plan / Natural Community Conservation Plan & Implementing Agreement (“HCP/NCCP”)
b. Western Placer County Aquatic Resources Program (“CARP”)
c. Cultural Resources Management Plan
d. Western Placer County In Lieu Fee Program (“ILF”)
MOTION Weygandt/Uhler/Unanimous Vote 5:0
AYES: Weygandt, Holmes, Uhler, Gustafson, Gore
4. Adopted Ordinance 6040-B to add Chapter 19 to the Placer County Code in order to implement the PCCP and establish the Placer County Conservation Program Development Fee, establish the Open Space and Fire Hazard Management Fee, replacing Chapter 12, Article 12.16 (Tree Preservation Generally) in Chapter 19, Article 19.50 (Woodland Conservation).
MOTION Weygandt/Uhler/Unanimous Vote 5:0
AYES: Weygandt, Holmes, Uhler, Gustafson, Gore
5. Adopted Ordinance 6041-B to amend Placer County Code Chapter 17 (Zoning) in order to implement the PCCP.
MOTION Weygandt/Uhler/Unanimous Vote 5:0
AYES: Weygandt, Holmes, Uhler, Gustafson, Gore
6. Adopted Ordinance 6042-B to amend Placer County Code Chapters 12, 15, 16 and 18 in order to implement the PCCP and render terms and provisions of code consistent with the PCCP.
MOTION Weygandt/Uhler/Unanimous Vote 5:0
AYES: Weygandt, Holmes, Uhler, Gustafson, Gore
7. Adopted Resolution 2020-191 to approve the nexus study and fee schedule for Placer County Conservation Program Development Fees.
MOTION Weygandt/Uhler/Unanimous Roll Call Vote 5:0
AYES: Weygandt, Holmes, Uhler, Gustafson, Gore
8. Adopted Resolution 2020-192 to approve the nexus study and fee schedule for the Placer County Open Space and Fire Hazard Management Fee.
MOTION Weygandt/Uhler/Unanimous Vote 5:0
AYES: Weygandt, Holmes, Uhler, Gustafson, Gore
DEPARTMENT ITEMS to be considered for action as time allows
7. COMMUNITY DEVELOPMENT RESOURCE AGENCY
A. Placer Retirement Residence Minor Use Permit | Extension of Time
1. Conducted a public hearing to consider a request from Lenity Architecture for a three-year Extension of Time for a previously approved Minor Use Permit for Placer Retirement Residence; and
2. Found that no changes have occurred since the certified Final Environmental Impact Report (SCH 201702049) to the project or to existing circumstances that would warrant additional environmental analysis for the Extension of Time request; and
3. Approved the request for a three-year Extension of Time, establishing a new expiration date of May 28, 2024.
MOTION Holmes/Weygandt/Unanimous Vote 5:0
AYES: Weygandt, Holmes, Uhler, Gustafson, Gore
8. HUMAN RESOURCES
A. New Classification of Senior Elections Aide
1. Introduced Ordinance, waived oral reading, amended the un-codified Schedule of Classifications and Compensation Ordinance related to the creation of a new classification of Senior Elections Aide.
MOTION Uhler/Gustafson/Unanimous Vote 5:0
AYES: Weygandt, Holmes, Uhler, Gustafson, Gore
B. New Classification of Director of Health and Human Services/Chief Psychiatrist
1. Introduced ordinance, waived oral reading, amended the un-codified Schedule of Classifications and Compensation Ordinance and associated code provisions related to the creation of a new classification of Director of Health and Human Services/Chief Psychiatrist.
MOTION Holmes/Gustafson/Unanimous Vote 5:0
AYES: Weygandt, Holmes, Uhler, Gustafson, Gore
9. PUBLIC WORKS
1. Adopted Resolution 2020-187 awarding Request for Proposal No. 20046 for Contract No. 001237 to Knight Construction Management for project inspection, materials testing, survey, environmental, and construction management services for the Dowd Road over Raccoon Creek Bridge Replacement Project in an amount not to exceed $937,174, execute the agreement, and authorized the Director of Public Works, or designee, to execute any amendments in compliance with the Public Contract Code up to 10 percent of the original contract amount.
MOTION Holmes/Weygandt/Unanimous Vote 5:0
AYES: Weygandt, Holmes, Uhler, Gustafson, Gore
B. French Meadows Forest Restoration Project | Award Multiple Vendor Contracts
1. Approved two awards for RFQ 20036 for the two project implementation agreements listed below to perform mechanical thinning and biomass removal for the French Meadows Forest Restoration Project, and authorized the Director of Public Works, or designee, to execute the contracts and any cost increases in compliance with the Public Contract Code up to 10 percent of the individual contract amounts.
a. Kevin Wentz dba Wentz Logging in the amount of $411,677 to perform mechanical thinning on 124 acres.
b. C.T.L. Forest Management, Inc. in the amount of $1,241,626 to perform mechanical thinning and biomass removal on 305 acres.
MOTION Holmes/Gustafson/Unanimous Vote 5:0
AYES: Weygandt, Holmes, Uhler, Gustafson, Gore
C. Martis Valley Trail Project | Permission to Award and Execute Construction Contract
MOTION Gustafson/Weygandt/Unanimous Vote 5:0
AYES: Weygandt, Holmes, Uhler, Gustafson, Gore
D. Tree Mortality Removal Project 11 | Authorize Purchase Order with P31 Enterprises, Inc.
1. Adopted Resolution 2020-195 authorizing a purchase order under an existing Master Services Agreement with P31 Enterprises, Inc. for the removal of dead or dying trees in an amount not to exceed $840,543, and authorizing the Purchasing Manager, or designee, to take all actions necessary to execute and implement the purchase order and to execute change orders in an amount not to exceed $84,055.
MOTION Gustafson/Weygandt/Unanimous Vote 5:0
AYES: Weygandt, Holmes, Uhler, Gustafson, Gore
10. COUNTY EXECUTIVE
A. Collins Drive Property Tax Revenue Exchange Agreement
1. Adopted Resolution 2020-193 approving a Property Tax Revenue Exchange Agreement between the County of Placer and the City of Auburn for the Collins Drive Annexation Area and authorizing the County Executive Officer to execute the agreement.
MOTION Holmes/Gustafson/Unanimous Vote 5:0
AYES: Weygandt, Holmes, Uhler, Gustafson, Gore
B. Placer Shares: FY 20-21 Budget Amendment, $8M Funds Transfer to Sierra Business Council, and Authorization for CARES Subrecipient Agreement
As a follow-up to its July 28 action authorizing Placer Shares, the County’s CARES-funded small business and non-profit grant assistance program, it is recommended the Board:
1. Approved any requisite budget amendments for the $8M Placer Shares program.
2. Authorized the transfer of $8M of County’s CARES funding to Sierra Business Council (SBC), the County’s third-party administrator, to execute the Placer Shares program.
3. Authorized the County Executive Officer/designee to enter a subrecipient agreement with the SBC prior to disbursement of the $8M of County’s CARES funding.
MOTION Gustafson/Holmes Roll Call Vote 4:0
AYES: Holmes, Uhler, Gustafson, Gore
ABSTAIN: Weygandt
11. COUNTY COUNSEL/ADJOURN TO CLOSED SESSION: 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) GOVERNMENT CODE §54956.9 – CONFERENCE WITH LEGAL COUNSEL
1. Existing Litigation (Government Code §54956.9(d)(1)):
(a) Dianne Foster, et al. v. Ryan Ronco
Placer County Superior Court Case No. SCV0045280
The Board heard a report and no action was requested or taken.
(b) Parkford Owners for a Better Community v. Placer County, et al.
Third District Court of Appeal Case No. C087824
Placer County Superior Court Case No. SCV0039094
The Board heard a report and no action was requested or taken.
2. Anticipated Litigation:
(a) Initiation of litigation pursuant to subdivision (d)(4) of Government Code §54956.9: One potential case
The Board heard a report and provided direction.
(B) GOVERNMENT CODE §54956.8 – CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(a) Property: APN: 007-102-014-000
Agency Negotiators: Todd Leopold, Karin Schwab, Robert Sandman, Steve Newsom, Laurie Morse, and Eric Findlay
Negotiating Parties: County of Placer and Foresthill Fire Protection District Under Negotiation: Price, terms of payment, or both
The Board heard a report and provided direction.
CONSENT ITEMS
All items on the Consent Agenda 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.
12. CLAIMS AGAINST THE COUNTY
A. Rejected the following claims, as recommended by the offices of County Counsel and Risk Management:
1. 20-068 Mitchell, Timothy, (Personal Injury), $1,700,000
13. CLERK OF THE BOARD
A. Ratify August 25, 2020 actions by Board of Supervisors
1. Ratified August 25, 2020 actions by Board of Supervisors identified in the attached summary.
B. Revisions to the 2020 Meeting Schedule of the Board of Supervisors
1. Added a regular meeting on Tuesday, September 08, 2020
14. COUNTY EXECUTIVE
A. Unclassified Employee Step Increase
1. The Board approved step increases for:
a. Jonathan Schmidt, Treasurer-Tax Collector, from Grade 453, Step 1 at $55.07 per hour, to Grade 57.79 per hour, effective March 2, 2019; from Grade 453, Step 2 at $57.79 per hour, to Grade 453, Step 3 at $60.70 per hour, effective February 29, 2020.
15. HEALTH AND HUMAN SERVICES
A. Authorizing the Director of Health and Human Services to Execute Specified Agreements
1. Adopted Resolution 2020-184 to update and replace Resolution No. 2020-139 without monetary adjustment or an increase in the number of agreements, to authorize the Director of Health and Human Services to execute sixty-one identified agreements for various HHS divisions and types of services pursuant to the terms contained in the Resolution (HHS Annual Contract Resolution) in the amount not to exceed $9,772,864.
B. Prostate Cancer Awareness Month
1. Approved a Proclamation declaring September 2020 as “Prostate Cancer Awareness Month” in Placer County.
C. Contract Amendment with BAART Behavioral Health Services, Inc.
1. Approved an amendment to the agreement for Narcotic Treatment Program services with BAART Behavioral Health Services, Inc. to assign the agreement to Bi-Valley Medical Clinic, Inc. without monetary adjustment for the period of July 1, 2019 through June 30, 2021 and authorized the Director of Health and Human Services to sign the amendment with Risk Management and County Counsel concurrence, and subsequent amendments consistent with the agreement’s subject matter and scope of work with Risk Management and County Counsel concurrence.
16. FACILITIES MANAGEMENT
A. SPACF Kitchen Drain Repair | Construction Contract Kaler/Dobler Construction, Inc.
1. Ratified Change Order No. 1 to the Construction Contract with Kaler/Dobler Construction, Inc. of Rancho Cordova, CA, for the South Placer Adult Correctional Facility (SPACF) Kitchen Drain Repair Project in the amount of $50,000 resulting in a new total contract amount of $209,000 to address unforeseen conditions.
2. Authorized the Director of Facilities Management, or designee, to approve any remaining Change Orders to complete the project in a total amount not to exceed $65,900, including the previously authorized amount of $15,900 consistent with the County Purchasing Manual and Section 20142 of the Public Contract Code as project funding allows.
3. Approved a FY 2020-21 Budget Amendment increasing the Capital Projects Fund, Project No. PJ01299 by $50,000 and canceling General Fund Reserves Assigned for Capital Projects resulting in $294,861 available toward the updated project costs.
1. Authorized the Director of Facilities Management, or designee, to finalize and execute License Agreement(s) allowing PG&E to use County-owned halls as Community Resource Centers during Public Safety Power Shutoff Events at a daily rate of $900 or $1,250 for a term of three years and subject to County Counsel and Risk Management approval.
17. PUBLIC WORKS
A. Abandonment of an Offer of Dedication for an Access Easement | Cambridge Estates, in Loomis
1. Adopted Resolution 2020-185 to abandon an Irrevocable Offer of Dedication for a portion of an Access Easement on Lot 43 of Whitebridge Estates, renamed Cambridge Estates, in Loomis.
B. French Meadows Forest Restoration Project |Agreement with The Nature Conservancy
1. Approved Task Agreement #3 with The Nature Conservancy, in substantial conformance with the draft agreement on file, to receive up to $518,010 in grant funding to support the French Meadows Forest Restoration Project, and authorize the County Executive Officer, or designee, to sign the Agreement.
18. 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.
1. Approved Appropriation of $4000 in Revenue Sharing monies to the Gathering Inn as requested by Supervisor Gore ($500), Supervisor Weygandt ($500), Supervisor Holmes ($1000), Supervisor Uhler ($1000) and Supervisor Gustafson ($1000)
B. Placer Land Trust, Placer Conservator Awards | Funding to help offset the cost of the virtual event
1. Approved Appropriation of $500 in Revenue Sharing monies to Placer Land Trust, Placer Conservator awards as requested by Supervisor Gore
19. SHERIFF
A. Commendation of Chief Deputy Coroner, David Clark
1. Approved a Commendation for Chief Deputy Coroner David Clark for more than twenty-three years of dedicated public service as an employee of the Placer County Sheriff’s Office.
ADJOURNMENT – To next regular meeting.
BOARD OF SUPERVISORS’ UPCOMING MEETING SCHEDULE:
September 22, 2020
October 06, 2020
October 26, 2020 (Tahoe)
October 27, 2020 (Tahoe)
November 03, 2020
November 17, 2020
December 01, 2020
December 15, 2020
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.
Any document submitted for consideration shall be submitted to the Clerk of the Board of Supervisors, 175 Fulweiler Avenue, Auburn, CA 95603 no later than 5:00 p.m. the day before the scheduled meeting. Any documentation submitted at any noticed videoconferencing site will become part of the official record, but will not be disseminated to the Board prior to the Board’s action. NOTE: An alternate location may be offered as a courtesy for a Board meeting but may be closed due to inclement weather or may not be available if technology fails.
To watch Board meetings or view Agendas online, go to Placer County’s website www.placer.ca.gov
INSTRUCTIONS FOR ONLINE PUBLIC PARTICIPATION IN MEETING.
The board chambers will be open to in-person attendance. To remain in compliance with the state’s public health guidance, the county will limit attendance to just 25% of the room’s capacity and will require 6 feet of social distancing. For those not in attendance the Placer County Board of Supervisors meeting will offer public comment telephonically by the following means:
· Citizens who wish to comment may use our call in line at 530-886-1800 sign up or to queue for verbal public comment. Public Comment will be opened for each agenda item, so be prepared to call in for the specific item you wish to comment on when the Board Chair announces that item. Calls will not be connected if Public Comment has been closed from that item, and callers will be directed to call back if they are calling for a later agenda item.
· Live Public Comments calls will be answered by the County Operator and transferred into the Board Chambers to be heard in the order in which calls are received for the current item. Please be aware that there is an approximately 30 second delay between our meeting proceedings in Chambers and your view at home. Each commenter is entitled to 3 minutes of comment time, so hold times will be longer if there are many callers.
· Alternatively, citizens may submit their comments in written form at the following link: https://www.placer.ca.gov/FormCenter/Clerk-of-the-Board-29/Public-Comment-Submission-157.
· The public may always email comments to the Clerk of the Board [email protected] or mail the same through the U.S. Postal Service to the County, Attn: Clerk of the Board, 175 Fulweiler Avenue, Auburn, CA 95603.
· All public comments received prior to 5 p.m. the day of the meeting will be provided to the Board members electronically or in written format.
· Emails received through the Clerk’s email address above during the meeting will still become part of the record for the Board meeting and retained by the Clerk.
· The public may always view a live video feed of the meeting online from the comfort/safety of their own home or workplace at www.placer.ca.gov . Closed captioning is available.
· Board meeting agendas are publicly posted for review on the county website at https://www.placer.ca.gov/6322/_2020.