COUNTY OF PLACER
BOARD OF SUPERVISORS
TUESDAY, MARCH 10, 2009
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
PUBLIC COMMENT – Glenda Freeman, Newcastle resident, stated the Newcastle Fire Protection District is not in compliance with Placer County Ordinance 4225-B. Anthony LaBouff, County Counsel, asked that Ms. Freeman provide a copy of her statement to his office for review. Rosemary Frieborn, Friends of Placer County Animal Shelter, expressed concern of the functioning of the Animal Services Advisory Committee. Sue Stack, Bowman resident, agreed with Ms. Frieborn and suggested that the Animal Services Advisory Committee purpose should be revisited. Tom Miller, County Executive, said concerns stated by Ms. Frieborn and Ms. Stack would be taken back to the Animal Services Advisory Committee for general comments as a group.
SUPERVISOR’S COMMITTEE REPORTS – Supervisor Montgomery reported on her trip to Washington, D.C., to lobby for Placer County on Kings Beach Commercial Core Redevelopment, the Transit Center in Tahoe City, Foresthill Bridge repainting, and some policy changes to transportation funding in the Basin. Supervisor Holmes reported on his trip to Washington, D.C. stating it was interesting to see the dynamics of the change in the administration and noted the important part our legislative advocate plays in keeping all the elected officials and delegation informed about what we are doing. Supervisor Weygandt thanked staff for all the work that went into the Washington, D.C. trip. Chairman Rockholm said there is a whole new spirit back in Washington, D.C. and that staff and our legislative advocate did an outstanding job. Supervisor Uhler advised the groundbreaking ceremony for the Highway65/Sunset Boulevard interchange is on March 25, 2009 at 11:00 a.m. and in the middle of April there will be dedication of the reconstructed interchange with Interstate 80 and Sierra College Boulevard.
AGENDA APPROVAL – Removed Item #8a from the agenda.
1. SIERRA NEVADA CONSERVANCY – Received a presentation from the Sierra Nevada Conservancy regarding the agency’s partnership and grant opportunities.
2. COUNTY EXECUTIVE/EMERGENCY SERVICES - Public hearing closed to consider the account and proposed assessment, together with objections and protests thereto, for the Hazardous Vegetation Abatement (HVA) ordinance for the following cases and order the account confirmed in the amount stated. The determination of the Board is final and conclusive.
a. Anne M. Brown APN 083-290-013: Upon conclusion of the hearing the Board ordered the account and assessment in the amount of $1000 confirmed and that the amount be paid within 30 days if not satisfied staff will prepare and record a lien against the property.
b. Brian Printz APN 083-290-015: Upon conclusion of the hearing the Board ordered the account and assessment in the amount of $1000 confirmed and that the amount be paid within 30 days if not satisfied staff will prepare and record a lien against the property.
c. Richard Rudolph APN 083-031-017: Upon conclusion of the hearing that the Board order the account and assessment in the amount of $500 confirmed and that the amount be paid within 30 days if not satisfied staff will prepare and record a lien against the property.
It was noted that the account was closed, no action required.
d. Pauline Mason APN 083-340-003: Upon conclusion of the hearing the Board ordered the account and assessment in the amount of $1200 confirmed and that the amount be paid within 30 days if not satisfied staff will prepare and record a lien against the property.
3. COMMUNITY DEVELOPMENT RESOURCE AGENCY/PLANNING/APPEAL/GATED ENTRY FEATURE AS PART OF A MODIFICATION OF AN APPROVED CONDITIONAL USE PERMIT AND TENTATIVE SUBDIVISION MAP/HIDDEN RAVINE ESTATES (PSM 20080325) - Public hearing closed to consider an appeal from North Ravine Partners of the Planning Commission’s denial of a request to modify conditions of approval to construct a gated entry feature for the project as approved, known as the Hidden Ravine Estates. The project is a planned development located at the southwest corner of Richardson Drive and Kemper Road in the North Auburn area (Assessor’s Parcel #051-100-069). MOTION Holmes/Montgomery VOTE 4:1 (Uhler No) to deny the appeal.
4. COMMUNITY DEVELOPMENT RESOURCE AGENCY/PLANNING/THIRD PARTY APPEAL/MINOR USE PERMIT/EXTENSION OF TIME (PMPB 20060557) MARTINEZ HAY AND FEED – Public hearing closed to consider an appeal from Louis Cretaro Jr., of the Planning Commission’s approval of a two-year extension of time of a Minor Use Permit for operation of a hay and feed business (Martinez Hay and Feed). The project is located at 1788 McCourtney Road in the Lincoln area (Assessor’s Parcel #021-220-066). The current zoning is F (Farm, 4.6 acre minimum). The Board will also consider adoption of a categorical exemption for the extension.
MOTION Weygandt/Montgomery/Unanimous to deny the appeal, approve the Extension of Time as approved by the Planning Commission subject to the findings and conditions of approval with the addition of an additional condition raised by the Planning Director regarding the County’s standard indemnification condition.
5. COMMUNITY DEVELOPMENT RESOURCE AGENCY/PLANNING/RIOLO VINEYARD SPECIFIC PLAN (PSPA T20050186), Development Standards and Design Guidelines, Amendments to the Placer County General Plan, Amendments to the Dry Creek/West Placer Community Plan, Rezoning, Development Agreement, Large-Lot Vesting Tentative Subdivision Map, Small-Lot Vesting Tentative Subdivision Map (PSUB 20040397), Final Environmental Impact Report (SCH# 2005092041) - Public hearing closed to consider a request by PFE Investors, LLC to approve the Riolo Vineyard Specific Plan project, including: Certification of the Final Environmental Impact Report; approval of amendments to the Placer County General Plan; approval of amendments to the Dry Creek/West Placer Community Plan; approval of the Riolo Vineyard Specific Plan; approval of the Riolo Vineyard Specific Plan Development Standards; approval of the Riolo Vineyard Specific Plan Design Guidelines; approval of Rezoning a portion of the project to Specific Plan (SPL-RVSP); approval of the Project Development Agreement; and approval of Large-Lot and Small-Lot Vesting Tentative Subdivision Maps. The Board of Supervisors will also consider the Public Facility Financing Plan and the Urban Services Plan that have been prepared for the project. The Riolo Vineyard Specific Plan is on approximately 525 acres located west of Watt Avenue, north of PFE Road, east of Walerga Road and south of Dry Creek and is within the Dry Creek West Placer Community Plan area.
(Continued from 2-10-09)
Public hearing closed. MOTION Weygandt/Holmes VOTE 4:1 (Uhler No), Motion of Intent to:
(1) Approve the project per staff recommendation, with the exception that the development in the flood plain be revised to conform to staff’s original recommendation to the Planning Commission by removing development in the “canary colored” areas as shown in the flood plain map, in the staff report; and;
(2) Approve the Development Agreement with Sections 126.96.36.199 and 188.8.131.52 per staff’s recommendation.
Item continued to May 12, 2009 at 9:30 a.m. for staff to bring back project documents revised as necessary for final approval.
6. COUNTY EXECUTIVE/EMERGENCY SERVICES:
a. Agreement – Resolution 2009-53 adopted approving the California Department of Forestry and Fire Protection (CAL FIRE) Cooperative Fire Protection Agreement for Fiscal Year 2008/09 in the amount of $7,319,780; authorized the Chairman to sign five copies of the agreement; and authorized the extended period payments into next fiscal year in accordance with Exhibit C, Section 3B of the contract. MOTION Holmes/Weygandt/Unanimous
b. Homeland Security Grant Award - Accepted a Homeland Security Grant Program award of $783,686 for Federal Fiscal Year 2008 with local disbursements to various agencies serving Placer County, including: Placer County Administrative Services; Sheriff’s Department and District Attorney; Roseville Police and Fire; Lincoln Police; Truckee Fire District; North Tahoe Fire District; and, approved the required budget revision. MOTION Holmes/Weygandt/Unanimous
7. FACILITY SERVICES:
a. Sewer Maintenance District #1/Wastewater Treatment Plant Upgrade and Expansion - Staff recommended the Board take the following actions:
1. Approved an agreement with Owen Psomas to prepare the preliminary design and Design Report, in an amount not to exceed $499,160, and authorized the Chairman to execute same.
2. Authorized staff to proceed with a Request for Proposals (RFP) for the final project design.
3. Authorized staff to proceed with an RFP for preparation of an Environmental Impact Report.
4. Approved a Budget Revision to move $600,000 from the FY 2008/09 SMD 1 Operating Budget to a new capital project budget to provide adequate funding to complete preliminary design of the Plant 1 Upgrade Project.
5. Directed staff to continue to explore opportunities for additional grant funding of the Regional Sewer Project and to request an extension of time for compliance with Regional Water Quality Control Board permit requirements.
b. Agricultural Conservation Easement Acquisition/Natural Trading Company – (Continued from January 27, 2009) The Board took the following actions for the acquisition of an Agricultural Conservation Easement on the 40± acre parcel located at 5841 Fruitvale Road in Newcastle, (APN 031-340-005), owned by Bryan Kaminsky and Caren Hamilton of the Natural Trading Company (NTC Property):
1. Delegated authority to the Director of Facility Services to execute an Agreement of Purchase and Sale and the Agricultural Conservation Easement (CE) as approved by County Counsel between the County and Bryan Kaminsky and Caren Hamilton, for the acquisition of a CE over the NTC Property for $665,000 based on the Material Terms whereby Close of Escrow is contingent on $337,500 in funding from the California Department of Conservation (DOC) and the Placer Land Trust; and
2. Resolution 2009-54 adopted authorizing the Director of Facility Services, or his designee, to execute documents and take actions to complete the transaction, disburse funds associated with this transaction and record the Deed of Agricultural Conservation Easement; and
3. Authorized the Director of the Planning Department, or his designee, to execute all documents, following approval by County Counsel, as necessary to receive funding in the amount of $332,500 from the DOC Farmland Conservancy Grant Program (CFCP) and $5,000 from the Placer Land Trust to assist with the acquisition of the CE on the NTC Property; and
4. Approved a Budget Revision canceling reserves in the amount of $339,327 in the Open Space Fund and appropriate the funds for this transaction; and
5. Approved the addition of the property to the Master Fixed Asset List.
8. HEALTH & HUMAN SERVICES:
a. REMOVED FROM AGENDA - Adult System of Care – Approve amendments relating to mental health residential services for Placer County residents, and authorize the Director of Health and Human Services to sign the resulting amendments. These programs are funded in the Department’s 2008/09 Final Budget from savings attributed to decreased use of locked inpatient facilities. There are no additional General Fund contributions.
1. Davis Guest Home, Contract CN005246, increasing funding for FY 08-09 in the amount of $35,000 for a revised 2-year contract amount of $295,000.
2. Yolo Community Care Continuum/Harmony House, Contract CN012380 increasing funding for FY 08-09 and FY 09-10 in the amount of $80,000 for a revised 2-year contract amount of $479,000.
3. Yolo Community Care Continuum/Farmhouse, Contract CN012604, increasing funding for FY 08-09 in the amount of $147,000 for a revised 2-year contract amount of $367,000.
b. Environmental Health - Authorized the Chairman to sign a letter in support of Assembly Bill 268 that would repeal provisions of state statute regarding septic systems regulations.
c. Children’s System of Care/ Unity Care Group/Contract – The Board took the following actions:
1. Cancelled contract number CN005255 with Whole Person Learning effective March 16, 2009;
2. Approved the selection of Unity Care Group as recommended as a result of a Request for Proposals for mandated Independent Living Skills services for eligible Placer County youth ages 16-21, approved a contract in the amount of $318,923 to provide services from March 16, 2009 through June 30, 2010, and
3. Authorized the Director of Health and Human Services to sign subsequent amendments up to 10% of the total amount.
There are no County General Funds within this contract and these costs are reflected in the Department’s 2008/09 Final Budget.
MOTION Holmes/Weygandt/Unanimous VOTE 4:0 (Montgomery temporarily absent)
9. COUNTY COUNSEL/CLOSED SESSION REPORT:
(A) §54956.9 - CONFERENCE WITH LEGAL COUNSEL
1. Existing Litigation:
(a) Sutter County vs. County of Placer, et al., Sacramento County Superior Court Case No.: 34-2007-00883516 – The Board received a status update and took no action.
(b) County of Placer vs. Michelle Burris, et al., Placer County Superior Court Case No.: SCV-22068 – The Board received a status report and gave direction to Counsel.
(c)Emily Wilson, et al. vs. County of Placer, et al., Placer County Superior Court Case No. SCV-23998 – Not Discussed.
2. Anticipated Litigation:
(a) Significant exposure to litigation pursuant to subdivision (b) of Government Code §54956.9: one potential case - – Not Discussed.
(B) §54957.6 - CONFERENCE WITH LABOR NEGOTIATORS – There was a discussion between the Labor Negotiators and the Board and a status report was given and direction was given by the Board.
(a) Agency designated representatives: Tom Miller, Nancy Nittler, Mike Boyle, Gerald O. Carden, Anthony J. La Bouff
Employee organization: PPEO. DSA.
CONSENT AGENDA (Items 10 thru 22) – Consent Agenda approved with action as indicated. The Board convened as the In Home Supportive Services Public Authority for item # 14f.
10. AGRICULTURE – Authorized the Agricultural Commissioner/Sealer of Weights and Measures to sign an agreement for the joint use and maintenance of Weight Truck, Weight Standards, and Weight Cart by the Placer County Agriculture/Weights and Measures Department and the El Dorado County Agriculture/Weights and Measures Department.
11. AUDITOR-CONTROLLER - Resolution 2009-46 adopted to remove fixed assets having a current book value of $20,377.06 from the County’s financial records.
12. BOARD OF SUPERVISORS:
a. Proclamation declaring March 7, 2009 as “California Arbor Day” and April 24, 2009 as “National Arbor Day” in Placer County.
b. Resolution 2009-47 adopted in support of the “Reno Tahoe Odyssey Relay Run Adventure” to be held on May 29-30, 2009 around Lake Tahoe, passing through Placer County on May 29th.
c. Approved minutes of February 10, 2009.
13. CLAIMS AGAINST THE COUNTY - Rejected the following claim, as recommended by Counsel:
a. 08-158, Thompson, Judy, In Excess of $25,000, (Bodily Injury)
14. COMMITTEES & COMMISSIONS:
a. Child Care Local Planning Council – Accepted letter of resignation from Murial Moore Seat 7 representing County Consumers, effective February 18, 2009.
b. County Service Area 28, Zone 27 Advisory Committee (Ambulance and Emergency Medical Services) – Approved appointment of Susan Prince to Seat 1, James Johnson to Seat 2 and reappointment of Robert Dalrymple to Seat 4 and Robert Lombard to Seat 5.
c. Fish and Game Commission – Accepted letter of resignation from John Maxwell Seat 7 representing the Foresthill Area, effective February 28, 2009.
d. Municipal Advisory Council (Meadow Vista) – Approved appointment of Laurie Sweeney to Seat 7, as requested by Supervisor Montgomery.
e. Municipal Advisory Council (Newcastle/Ophir) – Approved appointment of Gaytrell Lapp to Seat 7, as requested by Supervisor Holmes.
f. In-Home Supportive Services Advisory Committee - Approved reappointments of Eula Marshall to Seat #2 representing service recipients, William Reed to Seat #5 representing service providers, and Sherrie Comer to Seat #9 representing service providers, as recommended by the In-Home Supportive Services Advisory Committee and Public Authority staff.
g. Mental Health, Alcohol, and Drug Advisory Board - Approved reappointment of Eric Egli, Public Interest Member, to Seat #12, District 3, as requested by the Mental Health, Alcohol, and Drug Advisory Board.
15. COMMUNITY DEVELOPMENT RESOURCE AGENCY/PLANNING – Authorized the County Executive to sign contract amendments with Thomas Reid Associates (TRA) Environmental Sciences, Inc., to continue tasks associated with the Placer County Conservation Plan in the amount of $258,750 for FY 2008-09 and with North Fork Associates to continue tasks associated with the Placer County Conservation Plan in the amount of $75,000 for FY 2008-09.
16. COUNTY EXECUTIVE/EMERGENCY SERVICES - Accepted the gift of a GMC 2500 Pickup Truck purchased for the Placer County Chipper Program by the Placer County Resource Conservation District; and added the pickup truck to the Master Fixed Asset List.
17. FACILITY SERVICES:
a. 2008/09 Sewer Line Video Inspection, Project 40234 - Resolution 2009-48 adopted authorizing the Director of Facility Services to execute a contract with Coastline Water Resources for the 2008/09 Sewer Video Inspection, Project 40234, in an amount not to exceed $119,527.30, upon review and approval by Risk Management and County Counsel, and approved any required change orders consistent with the County Purchasing Manual and Section 20142 of the Public Contract Code.
b. Granite Bay Parks, Trails and Open Space Assessment District - Resolution 2009-49 directing the preparation of the Engineer’s Report for the FY 2009-2010 Granite Bay Parks, Trails and Open Space Assessment District.
18. HEALTH & HUMAN SERVICES/COMMUNITY HEALTH - Approved contracts with Kaiser Foundation Hospitals, Sutter Roseville Medical Center, Sutter Auburn Faith Hospital, Chapa-De Indian Health Program, Inc., American Medical Response West, and Sierra-Sacramento Valley Emergency Medical Services Agency for participation in the Hospital Preparedness Program from January 14, 2009 through July 31, 2009 in an aggregate amount of $135,655, and authorized the Director of Health and Human Services to sign the contracts and subsequent amendments up to 10% of the total amount. There are no County General Funds in this action and the costs are reflected in the Department’s 2008/09 Final Budget.
19. PROCUREMENT SERVICES - In accordance with County Policy, non-contested competitively awarded bids under $250,000 are placed on the Consent Agenda. Authorized the Purchasing Manager to sign the following:
a. Blanket Purchase Order #15500/Aftermarket Auto Parts/Public Works, Fleet Services - Renewed with Riebes Auto Parts, in the maximum amount of $125,000.
b. Competitive Bid #9878/Oil and Lube Products for Maintenance of County Vehicles/Public Works, Fleet Services - Awarded to Hunt & Sons, Inc., in the maximum aggregate amount of $100,000.
20. PUBLIC WORKS:
a. Federal-Aid Projects, Master Agreement 03-05919R – Resolution 2009-50 adopted authorizing the Director of Public Works to execute future Master Agreement Revisions with County Counsel and Risk Management Approval, Program Supplemental Agreements, Fund Exchange Agreements, and/or fund Transfer Agreements with the State of California Department of Transportation for administering federal-aid projects under Master Agreement 03-5919R.
b. Douglas Boulevard at Lakeland/Mooney Drive Intersection Improvement Project, Contract #1068 - Resolution 2009-51 adopted approving a Negative Declaration (State Clearinghouse No. 2009012016) with the required findings; approving the project plans and specifications, authorizing the Chairman to sign the cover sheet, and authorizing the Department of Public Works to advertise for bids for the project.
21. 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. Approved appropriation of $450 in Revenue Sharing monies to The Gathering Inn, as requested by Supervisor Rockholm ($250) and Supervisor Holmes ($200).
b. Approved appropriation of $1,450 in Revenue Sharing monies to the Lincoln Arts and Culture Foundation 22nd Annual Feats of Clay Celebration, as requested by Supervisor Rockholm ($250) and Supervisor Weygandt ($1,200).
c. Approved appropriation of $200 in Revenue Sharing monies to the Placer County Museum Docent Guild Heritage Trail 2009 Event, as requested by Supervisor Holmes.
d. Approved appropriation of $250 in Revenue Sharing monies to the St. Baldrick’s Foundation Annual Head Shaving Event to benefit childhood cancer research, as requested by Supervisor Rockholm ($250).
22. TREASURER-TAX COLLECTOR - Resolution 2009-52 adopted approving the Placer County Treasurer’s Statement of Investment Policy for the year 2009 pursuant to Government Code Section 53646. There are no changes to the Investment Policy for the year 2009.
***End of Consent Agenda***
ITEMS FOR INFORMATION:
23. County Clerk Elections – Informational memo regarding Special Statewide Election on May 19, 2009.
ADJOURNMENT – Next regular meeting is March 24, 2009.
BOARD OF SUPERVISORS’ 2009 MEETING SCHEDULE:
March 24, 2009
April 7, 2009
April 20, 2009 (Tahoe)
April 21, 2009 (Tahoe)
May 12, 2009
May 26, 2009