Video index
Roll Call: 7 members present, 0 members absent, 0 members excused.
9:00 A.M. CALL TO ORDER
Pledge of Allegiance.
Approval of Agenda
1. Consider approval of agenda.
Added c/s item - 54956.8 - conf. with real property - same as the last agenda - added after agenda posted. mike/matt 5/0
Motion to Minute Order No. 12-149: Approved the Agenda for this meeting as submitted, with the following addition to Closed Session:
Conference with Real Property Negotiator
Government Code Section 54956.8
Property: APN 025-044-061
Agency negotiator: John Bencomo & Phil Pogledich
Negotiating parties: Yolo County
Under negotiation: price, terms of payment
This item came to the attention to the Board of Supervisors after posting of the agenda and action is necessary before the next meeting of the Board. Moved by McGowan, seconded by Rexroad.
Vote to Minute Order No. 12-149: Approved the Agenda for this meeting as submitted, with the following addition to Closed Session:
Conference with Real Property Negotiator
Government Code Section 54956.8
Property: APN 025-044-061
Agency negotiator: John Bencomo & Phil Pogledich
Negotiating parties: Yolo County
Under negotiation: price, terms of payment
This item came to the attention to the Board of Supervisors after posting of the agenda and action is necessary before the next meeting of the Board. (Approved)
2. Public Comment: Opportunity for members of the public to address the Board of Supervisors on subjects relating to county business. The Board of Supervisors reserves the right to impose a reasonable limit on time afforded to any topic or to any individual speaker.
CONSENT AGENDA
Motion to Minute Order No. 12-150: Approved Consent Agenda Item Nos. 3-20, except for Agenda Item Nos. 18 and 20, which were moved to Regular. Moved by Rexroad, seconded by Chamberlain.
Vote to Minute Order No. 12-150: Approved Consent Agenda Item Nos. 3-20, except for Agenda Item Nos. 18 and 20, which were moved to Regular. (Approved)
General Government
Clerk of the Board
3. Approve the Board of Supervisors minutes of December 4, 2012.
Att. A. Minutes
Pull 18, 20 Matt/Duane 5/0 move balance
Approved the December 4, 2012 Minutes on Consent.
4. Ratify the following:
A. Resolution No. 12-139 honoring Hugo Martinez upon his retirement.
Att. A. Hugo Martinez Resolution
Approved
Resolution No. 12-139
on Consent.
5. Correspondence.
Approved Correspondence on Consent.
6. Accept resignations, consider appointments and reappointments.
Approved recommended action on Consent.
7. Conferences, meetings and events the Board of Supervisors attended.
Approved recommended action on Consent.
County Administrator
8. Approve amendment to Yolo Energy Watch agreement (No. 4400004652) with Pacific Gas & Electric to extend the term from December 31, 2012 to December 31, 2014 and accept the General Conditions amendments related to confidentiality, data security, non-disclosure and background check requirements. (No general fund impact) (Brazil/Tuttle)
Att. A. PG&E Contract
Att. B. PG&E General Conditions
Approved recommended action on Consent.
9. Approve three-year agreement with Mead & Hunt for engineering and planning services at the Yolo County Airport through December 31, 2015. (No general fund impact) (Nunes/Ervin)
Att. A. Contract Mead & Hunt
Att. B. Potential consultant costs
Trent Meyer addressed the Board on item no. 9 - opposed to approving this contract. Deanne Meyer addressed the Board. Trouble with opening Attachment B on the webpage. Jim/Don to reconsider of conflict with duane. 4/0/1 - duane - recused. Matt/Mike move recommended action but Don would like staff to address issues raised on this item. 4/0/1 - duane - recused.
Trent Meyer and Deanne Meyer addressed the Board of Supervisors on this item.
Motion to Minute Order No. 12-151: Rescinded initial approval of this item (Minute Order No. 12-150) due to Supervisor's conflict of interest. Moved by Provenza, seconded by Saylor.
Vote to Minute Order No. 12-151: Rescinded initial approval of this item (Minute Order No. 12-150) due to Supervisor's conflict of interest. (Approved)
Motion to Minute Order No. 12-152: Approved recommended action by
Agreement No. 12-164
and directed staff to provide responses to questions raised by Deanne Meyer on this item. Moved by Rexroad, seconded by McGowan.
Vote to Minute Order No. 12-152: Approved recommended action by
Agreement No. 12-164
and directed staff to provide responses to questions raised by Deanne Meyer on this item. (Approved)
10. Approve funding of $158,586.59 to Yolo Habitat Joint Power Authority (JPA) to help address the JPA's 2012-13 budget shortfall and adopt resolution increasing the Countywide budget for fiscal year 2012-13 in that amount. ($158,586.59 general fund Impact) (4/5 vote required) (Blacklock)
Att. A. Budget Resolution
Approved
Budget Resolution No. 12-108.7
on Consent.
County Counsel
11. Amend Resolution 05-20, allowing the Yolo County Emergency Medical Care Committee to make membership changes. (No general fund impact) (Drivon)
Att. A. Resolution
Approved
Resolution No. 12-140
on Consent.
12. Approve resolution amending the Yolo County Conflict of Interest Code pertaining to designated positions for filing Statements of Economic Interests. (No general fund impact) (Drivon/Welton)
Att. A. Resolution
Att. B. Appendix A
Att. C. Appendix B
Approved
Resolution No. 12-141
on Consent.
Agriculture
13. Approve request for a disaster designation for agricultural losses to rangeland due to drought. (No general fund impact) (Young)
Att. A. Disaster Request Letter
Att. B. County Disaster Report
Approved recommended action on Consent.
Auditor-Controller/Treasurer-Tax Collector
14. Approve the 2013 Investment Policy and confirm the membership of the County Treasury Oversight Committee for 2013-15. (No general fund impact) (Newens)
Att. A. 2013 Investment Policy
Approved recommended action on Consent.
15. Approve request to sell at public auction via the Internet, for the stated minimum price, tax-defaulted property that is subject to the power of sale. (General fund revenue up to $533,388) (Newens)
Att. A. Property List
Approved recommended action on Consent.
Health & Human Services
Alcohol, Drug & Mental Health
16. Approve annual renewal agreement for $225,205 with State of California – Department of State Hospitals (formerly known as California Department of Mental Health) for State Hospital bed purchase and usage for fiscal year 2012-13. (No general fund impact; Mental Health Realignment funds) (Suderman)
Att. A. Contract
Approved
Agreement No. 12-165
on Consent.
Health
17. Amend Health Department budget in the amount of $107,300 for unexpected expenses and revenues in WIC and restricted fund balance usage in Environmental Health. (Federal funds $32,300; restricted fund balance $75,000) (4/5 vote required) (Cook/Buzolich)
Att. A. Budget Resolution
Approved
Budget Resolution No. 12-108.8
on Consent.
Planning & Public Works
Planning & Public Works
18. Authorize the release of a building restriction to allow the legal conveyance of an agriculturally zoned property located in the 5th Supervisorial District. (No general fund impact) (Bencomo/Anderson)
Att. A. Location Map
Att. B. Planning Commission Minutes (April 16, 1980)
Att. C. Building Restriction (Doc. No. 8324)
Att. D. CEQA Exemption
Att. E. Proposed Release of Building Restriction
Don wanted to know the rationale behind this action. David addressed the Board. Should be in the 3rd district. Duane/Mike Sub motion matt/don to send matter back to p/c 5/0.
Motion by Supervisor Chamberlain and seconded by Supervisor McGowan to approve recommended action. No vote was taken.
Motion to Minute Order No. 12-153: Substitute motion made to send this matter back to the Planning Commission for consideration and noting this property lies in the 3rd Supervisorial District. Moved by Rexroad, seconded by Saylor.
Vote to Minute Order No. 12-153: Substitute motion made to send this matter back to the Planning Commission for consideration and noting this property lies in the 3rd Supervisorial District. (Approved)
19. Accept as complete construction work on County Road 32A performed under Agreement 2013-0058 by J. D. Pasquetti Engineering, Inc. (No impact to the general fund) (Bencomo/Comingore)
Att. A. Location Map
Att. B. Notice of Completion
Att. C. Photos
Approved recommended action on Consent.
County Affiliated Agencies
Yolo County Financing Corporation
20. Adopt resolutions and approve documents relating to the issuance of certificates of participation to refund the 1998 Certificates of Participation issues for construction of certain County facilities. (Saving of $285,000) (Yarris/Newens)
Att. A. Trust Agreement 2012-BOS/YCFC
Att. B. Financial analysis-BOS/YCFC
Att. C. Continuing Disclosure Certificate 2012-BOS
Att. D. Facilities Lease 2012-BOS/YCFC
Att. E. Ground Lease 2012- BOS/YCFC
Att. F. Certificate Purchase Agreement 2012-BOS
Att. G. Escrow Agreement 2012-BOS
Att. H. Resolution-BOS
Att. I. Resolution-YCFC
Att. J. Preliminary Official Statement-BOS/YCFC
Financing company addressed the Board - this is opportunity to re-finance. Matt/Don 5/0 to approve item.
Motion to Minute Order No. 12-154: Acting as the Board of Supervisors approved recommended action by
Resolution No. 12-142
and acting as the Yolo County Financing Corporation approved recommended action by
Resolution No. 12-02
. Moved by Rexroad, seconded by Saylor.
Vote to Minute Order No. 12-154: Acting as the Board of Supervisors approved recommended action by
Resolution No. 12-142
and acting as the Yolo County Financing Corporation approved recommended action by
Resolution No. 12-02
. (Approved)
INTRODUCTIONS & HONORARY RESOLUTIONS
Note: * denotes estimated times for planning purposes.
21. Introductions.
Charles Chin - Supervisor Saylor introduced his intern.
Supervisor Saylor introduced his intern Charles Chin.
22. Present Honorary Resolutions. (*15 minutes)
A. Honoring Diane Sommers, Executive Director of Suicide Prevention of Yolo County. (Supervisor Provenza)
B. Honoring Hugo Martinez upon his retirement. (Supervisor Rexroad)
Presented resolution to Diane Sommers. Matt presented resolution to Hugo.
Resolutions were presented.
TIME SET AGENDA
County
23. 9:00 a.m. County Administrator
Hold public hearing to adopt update to the 2012/13 master fee resolution incorporating all changes approved since May 15, 2012 and approve the proposed fee changes with the Clerk Recorder, District Attorney and Planning and Public Works Department to the Yolo County Master Fee Resolution and Schedule. (General fund revenue of $23,745 and $116,611 in additional revenue to offset the use of public safety funds) (Blacklock/Salinas) (*10 minutes)
Att. A. Resolution
Att. B. Exhibit 1
Jesse addressed the Board. The real estate fraud fee for the DA will be removed from consideration. Jonathan Raven addressed the Board from the DA's office regarding the real estate fraud fee. Need a little more time that they have all the information before the Board - it is a fee. Opened p/h Closed p/h. Matt/Mike 5/0 to approve.
Motion to Minute Order No. 12-155: Approved recommended action by
Master Fee Resolution No. 12-54.01
, with the exception of the Real Estate Fraud Fee, which will return to the Board for consideration at a future date. Moved by Rexroad, seconded by McGowan.
Vote to Minute Order No. 12-155: Approved recommended action by
Master Fee Resolution No. 12-54.01
, with the exception of the Real Estate Fraud Fee, which will return to the Board for consideration at a future date. (Approved)
24. 9:00 a.m. - Planning & Public Works
Public hearing regarding reconsideration of amendment to Commercial Highway/Planned Development No. 51 (C-H/PD-51) Zone to allow for the development of an 18.8-acre site as a Love’s Travel Center, located at the northwest corner of the County Road 6 and Interstate 5 interchange, in the community of Dunnigan (APNs: 051-160-04 and -05). (Estimated benefit to the general fund of $427,000 annually) (Bencomo/Morrison)
Att. A. Love's Conditions
Att. B. Love's General Plan Consistency
Att. C. Love's Community Benefits
David Morrison addressed the Board. Don had a question - have there been community meetings or outreach over the past few months? If Board adopts rec. action today, then this will come back to the Board again at a later date. Matt - asked David to address the Draft Specific Plan. Jim met with Harry Elliott. Looks like Rd. 8 is not a possibility. Jim and Mike on subcommittee. Mike - asked community members to provide ideas for how needs can best be met if this project comes on board. Constructive ideas would be very appreciated.
Opened p/h - Sally Hastings, Deanna Kirkland, Patrick Chaney, Wilma Gullatt, Roshawn Ingraham, Willard Ingraham, Keith Williams, Madeleine Lane, Juanita Igraham, Neil Bush, Mark Tomlison, Greg Forest, Sharon O'Brian, Ernest Sop, Tom Barth, Steve Hernandez, Chad Hawkins, Herman Brown, Mr. Bailey, Sally Keaton, Gary Schaad, Rosie Cark, Erich Linse, Ken Van Dyke, John Pappenhieim. continue p/h to Jan. 29, 2013.
Sup. Saylor commented. Has additional conditions. Not sure where his vote will lie. Sup. Chamberlain made comments. Will not support building at Road 6. Sup. McGowan - not actually approving the project today - just giving staff direction. Speaking from a balanced development angle. Will be supportive of this measure. Matt commented. This is a truck stop - not a grocery store. Is Love's enough of a compelling reason to change our plan to allow it pass? We need to build this community the right way. Allow this process to move forward. Addressed truck traffic. Oppose this in the current location - looking at a longer term deal. Sup. Provenza - economic benefit to the County and Dunnigan. Matt - view this as a secondary issue - does not believe you can build a community around a truck stop. Jim - siezing opportunities.
Mike - add E - have staff hold community meetings to discuss conditions. Mike moved to adopt recommended action with addition that staff would meet with community members for potential conditions - seconded by Don Saylor. 3/2 no - Matt and Duane. Will return in Jan.
The following individuals addressed the Board on this item: Sally Hastings, Deanna Kirkland, Patrick Chaney, Wilma Gullatt, LaShawna Ingram, Willard Ingraham, Madalene Lane, Juanita Ingraham, Neil Busch, Mark Tombleson, Greg Forest, Sharon O'Brien, Ernest Sopp, Tom Barth, Chad Hawkins, Herman Brown, Duffy Bailey, Gary Schaad, Rosie Khark, Steve Fernandez, Keith Williams, Sally Heaton and Kym Van Dyke, a representative from Love's.
Motion to Minute Order No. 12-156: Approved recommended action with the addition of Recommended Action E, which directs staff to hold a community meeting to receive input on conditions to possibly incorporate into a Development Agreement. Moved by McGowan, seconded by Saylor.
Vote to Minute Order No. 12-156: Approved recommended action with the addition of Recommended Action E, which directs staff to hold a community meeting to receive input on conditions to possibly incorporate into a Development Agreement. (Approved)
25. 10:00 a.m. - Probation
Receive and file presentation updating the Board on the Community Corrections Partnership Realignment Dashboard. (No general fund impact) (Yarber) (*30 minutes)
Att. A. Data Update
Judith from Justice Reinvestment Initiative Assistance Team addressed the Board. Sara Savage addressed the Board, and she is from the Crime Justice Institute. 1st most common felony offense is drug use/possession, 2nd most is DUI. The earlier you can do risk assessment, the better. The more tools you can create, the better the results will be. If you can share your assessments with other agencies, that would be very helpful and a time-saver. Don would like to know if crime rates have gone down in Yolo County.
Received presentation updating the Board on the Community Corrections Partnership Realignment Dashboard.
26. 10:00 a.m. - Probation
Receive and file update and presentation on Criminal Justice Data Analysis by the Justice Reinvestment Initiative Technical Assistance Team. (No general fund impact) (Yarber) (*30 minutes)
Att. A. Progress Report
Att. B. Yolo JRI Data Presentation
Att. C. Presentation
Received update and presentation on Criminal Justice Data Analysis by the Justice Reinvestment Initiative Technical Assistance Team.
Yolo County Housing Board of Governors
27. 1:30 p.m. - Yolo County Housing Board of Governors
Receive and file Yolo County Housing Audit and Year-End reports. (No general fund impact) (Lisa Baker) (*20 minutes)
Att. A. Staff Report
Att. B. HUD Letter
Att. C. Corrective Action Plan
Att. D. Cash Receipts Procedural Changes
Att. E. Letter to Residents
Att. F. Audit Report
Meeting went into Recess
Meeting Reconvened
Lisa addressed the Board. First addressed the Housing Audit. On track to have audit statements to the Auditors by Jan. 31, 2013 and in the future to get them in by Dec. 31st. Lynn Delapano, outside Auditor, presented to the Board June 2012 Audit report. Jim - address carryover items from the last audit. Audit has improved significantly over the last 12 months. Interfund balances will be ongoing until they are fully resolved. Segregation of duties has been resolved to date. The folks involved in this matter are no longer here. Lisa - continuing the trend to resolve all of these issues. Jim - next audit the BOG should have a meeting around that same time.
Year end report - Lisa presented the Year in Review.
Matt - curious to know if there was an energy savings with the new windows installed. These are tenant paid utilities, so YCH does not look at the bills. They will be getting an engineer who will be able to take a sample of tenant's utility bills.
Received and filed Yolo County Housing Audit and Year-End reports.
REGULAR AGENDA
General Government
Board of Supervisors
28. Action items and reports from members of the Board of Supervisors, including announcements, questions to be referred to staff and reports on various 2x2s and meetings with other agencies. (*15 minutes)
A. Audit Committee update. (Supervisor Provenza)
Audit committee - Sup. Chamberlain and Provenza. Jim presented update. Ensured every entity that needed an audit got an audit. Working on policy on tighter policy on the ADHD. Rec. on selecting an alternate auditor. Don - spoke of SACOG's recent awardees. 3 individuals/entities were acknowledged. 668-0648 - voucher with Food Bank for food distribution.
Received Audit Committee update.
29. Long Range Planning Calendar. (*1 minute)
Att. A. Long Range Planning Calendar
County Administrator
30. Action items and reports from the County Administrator. (*5 minutes)
No announcements from c/s. Duane presented the Chair with the gavel.
31. Receive and file update on Probation Department, approve County response to 2012-2013 Yolo County Grand Jury report related to the Yolo County Probation Department and authorize the County Administrator to transmit this response to Judge McGuire of the Superior Court. (No general fund impact) (Blacklock) (*15 minutes)
Att. A. County Response
Att. B. Auditor Response
Att. C. Code of Ethics for Procurement
Pat Blacklock addressed the Board. Several follow up items in place. Sup. Saylor had questions. Payroll audit question in regards to timesheet. Howard addressed the Board. Time reporting in the dept. will be reviewed. Should have a report before Christmas. Assessment of any of the other employees from the separated Chief Probation Officer. How were they instructed to complete their timesheets? Howard said they will be asking these questions. Are there any allegations of criminal acts? Any on-going investigations? Robyn responded - there are no pending criminal investigation and none are being filed at this time. Howard believes we have received reimbursement of costs for training. Jim - will you be looking at whether YC training benefitted other counties at our expense? Did anyone receive payment from the vendor? answer from Robyn is no. Jim- statement in GJ report not to make payments to this organizaition due to drug arrests of director and report said payment was sent after this date. Howard will look into this as well. Patrick - will be looking closer at contract policy and make the language stronger. How we have controls in place that our departments are following this. Audit will be coming back 1/15/13. Patrick confirmed that we could send GJ more info after the Jan. meeting.
Don - would like to add ethics policy. Don approve - 2 items - stronger response as discussed and board and staff elaborate the ethics policy. Second Don 4/0/1 - Duane - absent.
Motion to Minute Order No. 12-157: Approved recommended action with two modifications: 1) a stronger statement be included in the response regarding the existing Code of Ethics for Procurement Policy, and 2) that a statement be included about work the Board and staff is doing to develop an Ethics Policy. Moved by Saylor, seconded by Provenza.
Vote to Minute Order No. 12-157: Approved recommended action with two modifications: 1) a stronger statement be included in the response regarding the existing Code of Ethics for Procurement Policy, and 2) that a statement be included about work the Board and staff is doing to develop an Ethics Policy. (Approved)
32. Consider Ethics Policy. (No general fund impact) (Nunes) (*10 minutes)
Att. A. Draft Ethics Code
Robyn addressed the Board on Mindi's behalf. Getting a policy subject to discipline and set of guidelines. Will also need to go to employees and representative groups. Dept. specific and very useful and usable tool. More work still needs to work on it. Mike - what are we trying to fix here? Patrick indicated that language exists in the contract policy. Policy to state that cannot contract with outside entities. Have a board subcommittee to work with Robyn about what to bring back to the Board. Mike would like to participated on this subcommittee. If you have a clear policy of what you can and cannot do, then it makes it clearer. Jim - appoint Don and Mike to the subcommittee.
Considered the draft Ethics Policy. The Chair appointed Supervisors McGowan and Saylor to an adhoc subcommittee to work further with staff on an Ethics Policy and return to the Board with a revised version for consideration.
Library
33. Receive and approve the City of Davis' Memorandum of Understanding regarding South Davis Library services and authorize return of the Walnut Park property to the City of Davis and authorize the Board to appoint an Ad Hoc Committee to examine library service needs in South Davis and provide an update within a year of appointment. (No general fund impact) (Wong) (*15 minutes)
Att. A. Davis Staff Report and MOU
Att. B. City of Davis Resolution
Att. C. South Davis Library MOU 2012
Patty Wong addressed the Board. Introduced Holly Bishop, Chair of the Library Advisory Board. Mike/Matt to approve rec action. 4/0/1 - Duane absent.
Will return at 12:30 pm
Meeting went into Recess
Meeting Reconvened
Motion to Minute Order No. 12-158: Approved recommended action by
Agreement No. 12-166
. Moved by McGowan, seconded by Rexroad.
Vote to Minute Order No. 12-158: Approved recommended action by
Agreement No. 12-166
. (Approved)
CLOSED SESSION
Closed Session
34. Conference with Legal Counsel – Anticipated Litigation
Significant exposure to litigation pursuant to Government Code
Section 54956.9(b) 2 case(s)
35. Public Employment, Employee Appointment or Evaluation
Government Code Section 54954.5
Position title: County Counsel
36. Public Employment, Employee Appointment or Evaluation
Government Code Section 54954.5
Position title: County Administrator
37. Public Employment, Employee Appointment or Evaluation
Government Code Section 54954.5
Position title: Chief Probation Officer
38. Public Employment, Employee Appointment or Evaluation
Government Code Section 54954.5
Position title: Director, Employment & Social Services
39. Conference with Labor Negotiator; Patrick Blacklock, CAO; Mindi Nunes, Director of Human Resources
Government Code Section 54857.6
Bargaining Units: All
Bargaining Units
E Elected
H Department Heads
H2 Department second in command
M Management
U Supervisors
C Confidential
X Miscellaneous
P Sheriff Management
S Deputy Sheriff/Safety
O Correctional Officer/Animal Control Officer
A Attorneys
I Investigators
G General
40. Public Report of action taken in Closed Session.
ADJOURNMENT
Next meeting scheduled for: January 15, 2013
I declare under penalty of perjury that the foregoing agenda was posted December 7, 2012 by 5:00 p.m. at the following places:
On the bulletin board at the east entrance of the Erwin W. Meier Administration Building, 625 Court Street, Woodland, California; and
On the bulletin board outside the Board of Supervisors Chambers, Room 206 in the Erwin W. Meier Administration Building, 625 Court Street, Woodland, California.
I declare under penalty of perjury that the foregoing agenda will be posted no later than December 7, 2012 by 5:00 p.m. as follows:
On the Yolo County website: www.yolocounty.org.
Julie Dachtler, Deputy Clerk of the Board
NOTICE
If requested, this agenda can be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 and the Federal Rules and Regulations adopted in implementation thereof. Persons seeking an alternative format should contact the Clerk of the Board for further information. In addition, a person with a disability who requires a modification or accommodation, including auxiliary aids or services, in order to participate in a public meeting should telephone or otherwise contact the Clerk of the Board as soon as possible and at least 24 hours prior to the meeting. The Clerk of the Board may be reached at (530) 666-8195 or at the following address:
Clerk of the Board of Supervisors
County of Yolo
625 Court Street, Room 204
Woodland, CA 95695
Note:
Board of Supervisors meetings are now streaming live at www.yolocounty.org, and also videotaped for later broadcast. Please check your local carrier for broadcast dates and times.
Meeting went into Recess
Meeting Reconvened
Dec 11, 2012 Board of Supervisors & Yolo County Financing Corporation & Yolo County Housing Board of Governors
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Roll Call: 7 members present, 0 members absent, 0 members excused.
9:00 A.M. CALL TO ORDER
Pledge of Allegiance.
Approval of Agenda
1. Consider approval of agenda.
Added c/s item - 54956.8 - conf. with real property - same as the last agenda - added after agenda posted. mike/matt 5/0
Motion to Minute Order No. 12-149: Approved the Agenda for this meeting as submitted, with the following addition to Closed Session:
Conference with Real Property Negotiator
Government Code Section 54956.8
Property: APN 025-044-061
Agency negotiator: John Bencomo & Phil Pogledich
Negotiating parties: Yolo County
Under negotiation: price, terms of payment
This item came to the attention to the Board of Supervisors after posting of the agenda and action is necessary before the next meeting of the Board. Moved by McGowan, seconded by Rexroad.
Vote to Minute Order No. 12-149: Approved the Agenda for this meeting as submitted, with the following addition to Closed Session:
Conference with Real Property Negotiator
Government Code Section 54956.8
Property: APN 025-044-061
Agency negotiator: John Bencomo & Phil Pogledich
Negotiating parties: Yolo County
Under negotiation: price, terms of payment
This item came to the attention to the Board of Supervisors after posting of the agenda and action is necessary before the next meeting of the Board. (Approved)
2. Public Comment: Opportunity for members of the public to address the Board of Supervisors on subjects relating to county business. The Board of Supervisors reserves the right to impose a reasonable limit on time afforded to any topic or to any individual speaker.
CONSENT AGENDA
Motion to Minute Order No. 12-150: Approved Consent Agenda Item Nos. 3-20, except for Agenda Item Nos. 18 and 20, which were moved to Regular. Moved by Rexroad, seconded by Chamberlain.
Vote to Minute Order No. 12-150: Approved Consent Agenda Item Nos. 3-20, except for Agenda Item Nos. 18 and 20, which were moved to Regular. (Approved)
General Government
Clerk of the Board
3. Approve the Board of Supervisors minutes of December 4, 2012.
Att. A. Minutes
Pull 18, 20 Matt/Duane 5/0 move balance
Approved the December 4, 2012 Minutes on Consent.
4. Ratify the following:
A. Resolution No. 12-139 honoring Hugo Martinez upon his retirement.
Att. A. Hugo Martinez Resolution
Approved
Resolution No. 12-139
on Consent.
5. Correspondence.
Approved Correspondence on Consent.
6. Accept resignations, consider appointments and reappointments.
Approved recommended action on Consent.
7. Conferences, meetings and events the Board of Supervisors attended.
Approved recommended action on Consent.
County Administrator
8. Approve amendment to Yolo Energy Watch agreement (No. 4400004652) with Pacific Gas & Electric to extend the term from December 31, 2012 to December 31, 2014 and accept the General Conditions amendments related to confidentiality, data security, non-disclosure and background check requirements. (No general fund impact) (Brazil/Tuttle)
Att. A. PG&E Contract
Att. B. PG&E General Conditions
Approved recommended action on Consent.
9. Approve three-year agreement with Mead & Hunt for engineering and planning services at the Yolo County Airport through December 31, 2015. (No general fund impact) (Nunes/Ervin)
Att. A. Contract Mead & Hunt
Att. B. Potential consultant costs
Trent Meyer addressed the Board on item no. 9 - opposed to approving this contract. Deanne Meyer addressed the Board. Trouble with opening Attachment B on the webpage. Jim/Don to reconsider of conflict with duane. 4/0/1 - duane - recused. Matt/Mike move recommended action but Don would like staff to address issues raised on this item. 4/0/1 - duane - recused.
Trent Meyer and Deanne Meyer addressed the Board of Supervisors on this item.
Motion to Minute Order No. 12-151: Rescinded initial approval of this item (Minute Order No. 12-150) due to Supervisor's conflict of interest. Moved by Provenza, seconded by Saylor.
Vote to Minute Order No. 12-151: Rescinded initial approval of this item (Minute Order No. 12-150) due to Supervisor's conflict of interest. (Approved)
Motion to Minute Order No. 12-152: Approved recommended action by
Agreement No. 12-164
and directed staff to provide responses to questions raised by Deanne Meyer on this item. Moved by Rexroad, seconded by McGowan.
Vote to Minute Order No. 12-152: Approved recommended action by
Agreement No. 12-164
and directed staff to provide responses to questions raised by Deanne Meyer on this item. (Approved)
10. Approve funding of $158,586.59 to Yolo Habitat Joint Power Authority (JPA) to help address the JPA's 2012-13 budget shortfall and adopt resolution increasing the Countywide budget for fiscal year 2012-13 in that amount. ($158,586.59 general fund Impact) (4/5 vote required) (Blacklock)
Att. A. Budget Resolution
Approved
Budget Resolution No. 12-108.7
on Consent.
County Counsel
11. Amend Resolution 05-20, allowing the Yolo County Emergency Medical Care Committee to make membership changes. (No general fund impact) (Drivon)
Att. A. Resolution
Approved
Resolution No. 12-140
on Consent.
12. Approve resolution amending the Yolo County Conflict of Interest Code pertaining to designated positions for filing Statements of Economic Interests. (No general fund impact) (Drivon/Welton)
Att. A. Resolution
Att. B. Appendix A
Att. C. Appendix B
Approved
Resolution No. 12-141
on Consent.
Agriculture
13. Approve request for a disaster designation for agricultural losses to rangeland due to drought. (No general fund impact) (Young)
Att. A. Disaster Request Letter
Att. B. County Disaster Report
Approved recommended action on Consent.
Auditor-Controller/Treasurer-Tax Collector
14. Approve the 2013 Investment Policy and confirm the membership of the County Treasury Oversight Committee for 2013-15. (No general fund impact) (Newens)
Att. A. 2013 Investment Policy
Approved recommended action on Consent.
15. Approve request to sell at public auction via the Internet, for the stated minimum price, tax-defaulted property that is subject to the power of sale. (General fund revenue up to $533,388) (Newens)
Att. A. Property List
Approved recommended action on Consent.
Health & Human Services
Alcohol, Drug & Mental Health
16. Approve annual renewal agreement for $225,205 with State of California – Department of State Hospitals (formerly known as California Department of Mental Health) for State Hospital bed purchase and usage for fiscal year 2012-13. (No general fund impact; Mental Health Realignment funds) (Suderman)
Att. A. Contract
Approved
Agreement No. 12-165
on Consent.
Health
17. Amend Health Department budget in the amount of $107,300 for unexpected expenses and revenues in WIC and restricted fund balance usage in Environmental Health. (Federal funds $32,300; restricted fund balance $75,000) (4/5 vote required) (Cook/Buzolich)
Att. A. Budget Resolution
Approved
Budget Resolution No. 12-108.8
on Consent.
Planning & Public Works
Planning & Public Works
18. Authorize the release of a building restriction to allow the legal conveyance of an agriculturally zoned property located in the 5th Supervisorial District. (No general fund impact) (Bencomo/Anderson)
Att. A. Location Map
Att. B. Planning Commission Minutes (April 16, 1980)
Att. C. Building Restriction (Doc. No. 8324)
Att. D. CEQA Exemption
Att. E. Proposed Release of Building Restriction
Don wanted to know the rationale behind this action. David addressed the Board. Should be in the 3rd district. Duane/Mike Sub motion matt/don to send matter back to p/c 5/0.
Motion by Supervisor Chamberlain and seconded by Supervisor McGowan to approve recommended action. No vote was taken.
Motion to Minute Order No. 12-153: Substitute motion made to send this matter back to the Planning Commission for consideration and noting this property lies in the 3rd Supervisorial District. Moved by Rexroad, seconded by Saylor.
Vote to Minute Order No. 12-153: Substitute motion made to send this matter back to the Planning Commission for consideration and noting this property lies in the 3rd Supervisorial District. (Approved)
19. Accept as complete construction work on County Road 32A performed under Agreement 2013-0058 by J. D. Pasquetti Engineering, Inc. (No impact to the general fund) (Bencomo/Comingore)
Att. A. Location Map
Att. B. Notice of Completion
Att. C. Photos
Approved recommended action on Consent.
County Affiliated Agencies
Yolo County Financing Corporation
20. Adopt resolutions and approve documents relating to the issuance of certificates of participation to refund the 1998 Certificates of Participation issues for construction of certain County facilities. (Saving of $285,000) (Yarris/Newens)
Att. A. Trust Agreement 2012-BOS/YCFC
Att. B. Financial analysis-BOS/YCFC
Att. C. Continuing Disclosure Certificate 2012-BOS
Att. D. Facilities Lease 2012-BOS/YCFC
Att. E. Ground Lease 2012- BOS/YCFC
Att. F. Certificate Purchase Agreement 2012-BOS
Att. G. Escrow Agreement 2012-BOS
Att. H. Resolution-BOS
Att. I. Resolution-YCFC
Att. J. Preliminary Official Statement-BOS/YCFC
Financing company addressed the Board - this is opportunity to re-finance. Matt/Don 5/0 to approve item.
Motion to Minute Order No. 12-154: Acting as the Board of Supervisors approved recommended action by
Resolution No. 12-142
and acting as the Yolo County Financing Corporation approved recommended action by
Resolution No. 12-02
. Moved by Rexroad, seconded by Saylor.
Vote to Minute Order No. 12-154: Acting as the Board of Supervisors approved recommended action by
Resolution No. 12-142
and acting as the Yolo County Financing Corporation approved recommended action by
Resolution No. 12-02
. (Approved)
INTRODUCTIONS & HONORARY RESOLUTIONS
Note: * denotes estimated times for planning purposes.
21. Introductions.
Charles Chin - Supervisor Saylor introduced his intern.
Supervisor Saylor introduced his intern Charles Chin.
22. Present Honorary Resolutions. (*15 minutes)
A. Honoring Diane Sommers, Executive Director of Suicide Prevention of Yolo County. (Supervisor Provenza)
B. Honoring Hugo Martinez upon his retirement. (Supervisor Rexroad)
Presented resolution to Diane Sommers. Matt presented resolution to Hugo.
Resolutions were presented.
TIME SET AGENDA
County
23. 9:00 a.m. County Administrator
Hold public hearing to adopt update to the 2012/13 master fee resolution incorporating all changes approved since May 15, 2012 and approve the proposed fee changes with the Clerk Recorder, District Attorney and Planning and Public Works Department to the Yolo County Master Fee Resolution and Schedule. (General fund revenue of $23,745 and $116,611 in additional revenue to offset the use of public safety funds) (Blacklock/Salinas) (*10 minutes)
Att. A. Resolution
Att. B. Exhibit 1
Jesse addressed the Board. The real estate fraud fee for the DA will be removed from consideration. Jonathan Raven addressed the Board from the DA's office regarding the real estate fraud fee. Need a little more time that they have all the information before the Board - it is a fee. Opened p/h Closed p/h. Matt/Mike 5/0 to approve.
Motion to Minute Order No. 12-155: Approved recommended action by
Master Fee Resolution No. 12-54.01
, with the exception of the Real Estate Fraud Fee, which will return to the Board for consideration at a future date. Moved by Rexroad, seconded by McGowan.
Vote to Minute Order No. 12-155: Approved recommended action by
Master Fee Resolution No. 12-54.01
, with the exception of the Real Estate Fraud Fee, which will return to the Board for consideration at a future date. (Approved)
24. 9:00 a.m. - Planning & Public Works
Public hearing regarding reconsideration of amendment to Commercial Highway/Planned Development No. 51 (C-H/PD-51) Zone to allow for the development of an 18.8-acre site as a Love’s Travel Center, located at the northwest corner of the County Road 6 and Interstate 5 interchange, in the community of Dunnigan (APNs: 051-160-04 and -05). (Estimated benefit to the general fund of $427,000 annually) (Bencomo/Morrison)
Att. A. Love's Conditions
Att. B. Love's General Plan Consistency
Att. C. Love's Community Benefits
David Morrison addressed the Board. Don had a question - have there been community meetings or outreach over the past few months? If Board adopts rec. action today, then this will come back to the Board again at a later date. Matt - asked David to address the Draft Specific Plan. Jim met with Harry Elliott. Looks like Rd. 8 is not a possibility. Jim and Mike on subcommittee. Mike - asked community members to provide ideas for how needs can best be met if this project comes on board. Constructive ideas would be very appreciated.
Opened p/h - Sally Hastings, Deanna Kirkland, Patrick Chaney, Wilma Gullatt, Roshawn Ingraham, Willard Ingraham, Keith Williams, Madeleine Lane, Juanita Igraham, Neil Bush, Mark Tomlison, Greg Forest, Sharon O'Brian, Ernest Sop, Tom Barth, Steve Hernandez, Chad Hawkins, Herman Brown, Mr. Bailey, Sally Keaton, Gary Schaad, Rosie Cark, Erich Linse, Ken Van Dyke, John Pappenhieim. continue p/h to Jan. 29, 2013.
Sup. Saylor commented. Has additional conditions. Not sure where his vote will lie. Sup. Chamberlain made comments. Will not support building at Road 6. Sup. McGowan - not actually approving the project today - just giving staff direction. Speaking from a balanced development angle. Will be supportive of this measure. Matt commented. This is a truck stop - not a grocery store. Is Love's enough of a compelling reason to change our plan to allow it pass? We need to build this community the right way. Allow this process to move forward. Addressed truck traffic. Oppose this in the current location - looking at a longer term deal. Sup. Provenza - economic benefit to the County and Dunnigan. Matt - view this as a secondary issue - does not believe you can build a community around a truck stop. Jim - siezing opportunities.
Mike - add E - have staff hold community meetings to discuss conditions. Mike moved to adopt recommended action with addition that staff would meet with community members for potential conditions - seconded by Don Saylor. 3/2 no - Matt and Duane. Will return in Jan.
The following individuals addressed the Board on this item: Sally Hastings, Deanna Kirkland, Patrick Chaney, Wilma Gullatt, LaShawna Ingram, Willard Ingraham, Madalene Lane, Juanita Ingraham, Neil Busch, Mark Tombleson, Greg Forest, Sharon O'Brien, Ernest Sopp, Tom Barth, Chad Hawkins, Herman Brown, Duffy Bailey, Gary Schaad, Rosie Khark, Steve Fernandez, Keith Williams, Sally Heaton and Kym Van Dyke, a representative from Love's.
Motion to Minute Order No. 12-156: Approved recommended action with the addition of Recommended Action E, which directs staff to hold a community meeting to receive input on conditions to possibly incorporate into a Development Agreement. Moved by McGowan, seconded by Saylor.
Vote to Minute Order No. 12-156: Approved recommended action with the addition of Recommended Action E, which directs staff to hold a community meeting to receive input on conditions to possibly incorporate into a Development Agreement. (Approved)
25. 10:00 a.m. - Probation
Receive and file presentation updating the Board on the Community Corrections Partnership Realignment Dashboard. (No general fund impact) (Yarber) (*30 minutes)
Att. A. Data Update
Judith from Justice Reinvestment Initiative Assistance Team addressed the Board. Sara Savage addressed the Board, and she is from the Crime Justice Institute. 1st most common felony offense is drug use/possession, 2nd most is DUI. The earlier you can do risk assessment, the better. The more tools you can create, the better the results will be. If you can share your assessments with other agencies, that would be very helpful and a time-saver. Don would like to know if crime rates have gone down in Yolo County.
Received presentation updating the Board on the Community Corrections Partnership Realignment Dashboard.
26. 10:00 a.m. - Probation
Receive and file update and presentation on Criminal Justice Data Analysis by the Justice Reinvestment Initiative Technical Assistance Team. (No general fund impact) (Yarber) (*30 minutes)
Att. A. Progress Report
Att. B. Yolo JRI Data Presentation
Att. C. Presentation
Received update and presentation on Criminal Justice Data Analysis by the Justice Reinvestment Initiative Technical Assistance Team.
Yolo County Housing Board of Governors
27. 1:30 p.m. - Yolo County Housing Board of Governors
Receive and file Yolo County Housing Audit and Year-End reports. (No general fund impact) (Lisa Baker) (*20 minutes)
Att. A. Staff Report
Att. B. HUD Letter
Att. C. Corrective Action Plan
Att. D. Cash Receipts Procedural Changes
Att. E. Letter to Residents
Att. F. Audit Report
Meeting went into Recess
Meeting Reconvened
Lisa addressed the Board. First addressed the Housing Audit. On track to have audit statements to the Auditors by Jan. 31, 2013 and in the future to get them in by Dec. 31st. Lynn Delapano, outside Auditor, presented to the Board June 2012 Audit report. Jim - address carryover items from the last audit. Audit has improved significantly over the last 12 months. Interfund balances will be ongoing until they are fully resolved. Segregation of duties has been resolved to date. The folks involved in this matter are no longer here. Lisa - continuing the trend to resolve all of these issues. Jim - next audit the BOG should have a meeting around that same time.
Year end report - Lisa presented the Year in Review.
Matt - curious to know if there was an energy savings with the new windows installed. These are tenant paid utilities, so YCH does not look at the bills. They will be getting an engineer who will be able to take a sample of tenant's utility bills.
Received and filed Yolo County Housing Audit and Year-End reports.
REGULAR AGENDA
General Government
Board of Supervisors
28. Action items and reports from members of the Board of Supervisors, including announcements, questions to be referred to staff and reports on various 2x2s and meetings with other agencies. (*15 minutes)
A. Audit Committee update. (Supervisor Provenza)
Audit committee - Sup. Chamberlain and Provenza. Jim presented update. Ensured every entity that needed an audit got an audit. Working on policy on tighter policy on the ADHD. Rec. on selecting an alternate auditor. Don - spoke of SACOG's recent awardees. 3 individuals/entities were acknowledged. 668-0648 - voucher with Food Bank for food distribution.
Received Audit Committee update.
29. Long Range Planning Calendar. (*1 minute)
Att. A. Long Range Planning Calendar
County Administrator
30. Action items and reports from the County Administrator. (*5 minutes)
No announcements from c/s. Duane presented the Chair with the gavel.
31. Receive and file update on Probation Department, approve County response to 2012-2013 Yolo County Grand Jury report related to the Yolo County Probation Department and authorize the County Administrator to transmit this response to Judge McGuire of the Superior Court. (No general fund impact) (Blacklock) (*15 minutes)
Att. A. County Response
Att. B. Auditor Response
Att. C. Code of Ethics for Procurement
Pat Blacklock addressed the Board. Several follow up items in place. Sup. Saylor had questions. Payroll audit question in regards to timesheet. Howard addressed the Board. Time reporting in the dept. will be reviewed. Should have a report before Christmas. Assessment of any of the other employees from the separated Chief Probation Officer. How were they instructed to complete their timesheets? Howard said they will be asking these questions. Are there any allegations of criminal acts? Any on-going investigations? Robyn responded - there are no pending criminal investigation and none are being filed at this time. Howard believes we have received reimbursement of costs for training. Jim - will you be looking at whether YC training benefitted other counties at our expense? Did anyone receive payment from the vendor? answer from Robyn is no. Jim- statement in GJ report not to make payments to this organizaition due to drug arrests of director and report said payment was sent after this date. Howard will look into this as well. Patrick - will be looking closer at contract policy and make the language stronger. How we have controls in place that our departments are following this. Audit will be coming back 1/15/13. Patrick confirmed that we could send GJ more info after the Jan. meeting.
Don - would like to add ethics policy. Don approve - 2 items - stronger response as discussed and board and staff elaborate the ethics policy. Second Don 4/0/1 - Duane - absent.
Motion to Minute Order No. 12-157: Approved recommended action with two modifications: 1) a stronger statement be included in the response regarding the existing Code of Ethics for Procurement Policy, and 2) that a statement be included about work the Board and staff is doing to develop an Ethics Policy. Moved by Saylor, seconded by Provenza.
Vote to Minute Order No. 12-157: Approved recommended action with two modifications: 1) a stronger statement be included in the response regarding the existing Code of Ethics for Procurement Policy, and 2) that a statement be included about work the Board and staff is doing to develop an Ethics Policy. (Approved)
32. Consider Ethics Policy. (No general fund impact) (Nunes) (*10 minutes)
Att. A. Draft Ethics Code
Robyn addressed the Board on Mindi's behalf. Getting a policy subject to discipline and set of guidelines. Will also need to go to employees and representative groups. Dept. specific and very useful and usable tool. More work still needs to work on it. Mike - what are we trying to fix here? Patrick indicated that language exists in the contract policy. Policy to state that cannot contract with outside entities. Have a board subcommittee to work with Robyn about what to bring back to the Board. Mike would like to participated on this subcommittee. If you have a clear policy of what you can and cannot do, then it makes it clearer. Jim - appoint Don and Mike to the subcommittee.
Considered the draft Ethics Policy. The Chair appointed Supervisors McGowan and Saylor to an adhoc subcommittee to work further with staff on an Ethics Policy and return to the Board with a revised version for consideration.
Library
33. Receive and approve the City of Davis' Memorandum of Understanding regarding South Davis Library services and authorize return of the Walnut Park property to the City of Davis and authorize the Board to appoint an Ad Hoc Committee to examine library service needs in South Davis and provide an update within a year of appointment. (No general fund impact) (Wong) (*15 minutes)
Att. A. Davis Staff Report and MOU
Att. B. City of Davis Resolution
Att. C. South Davis Library MOU 2012
Patty Wong addressed the Board. Introduced Holly Bishop, Chair of the Library Advisory Board. Mike/Matt to approve rec action. 4/0/1 - Duane absent.
Will return at 12:30 pm
Meeting went into Recess
Meeting Reconvened
Motion to Minute Order No. 12-158: Approved recommended action by
Agreement No. 12-166
. Moved by McGowan, seconded by Rexroad.
Vote to Minute Order No. 12-158: Approved recommended action by
Agreement No. 12-166
. (Approved)
CLOSED SESSION
Closed Session
34. Conference with Legal Counsel – Anticipated Litigation
Significant exposure to litigation pursuant to Government Code
Section 54956.9(b) 2 case(s)
35. Public Employment, Employee Appointment or Evaluation
Government Code Section 54954.5
Position title: County Counsel
36. Public Employment, Employee Appointment or Evaluation
Government Code Section 54954.5
Position title: County Administrator
37. Public Employment, Employee Appointment or Evaluation
Government Code Section 54954.5
Position title: Chief Probation Officer
38. Public Employment, Employee Appointment or Evaluation
Government Code Section 54954.5
Position title: Director, Employment & Social Services
39. Conference with Labor Negotiator; Patrick Blacklock, CAO; Mindi Nunes, Director of Human Resources
Government Code Section 54857.6
Bargaining Units: All
Bargaining Units
E Elected
H Department Heads
H2 Department second in command
M Management
U Supervisors
C Confidential
X Miscellaneous
P Sheriff Management
S Deputy Sheriff/Safety
O Correctional Officer/Animal Control Officer
A Attorneys
I Investigators
G General
40. Public Report of action taken in Closed Session.
ADJOURNMENT
Next meeting scheduled for: January 15, 2013
I declare under penalty of perjury that the foregoing agenda was posted December 7, 2012 by 5:00 p.m. at the following places:
On the bulletin board at the east entrance of the Erwin W. Meier Administration Building, 625 Court Street, Woodland, California; and
On the bulletin board outside the Board of Supervisors Chambers, Room 206 in the Erwin W. Meier Administration Building, 625 Court Street, Woodland, California.
I declare under penalty of perjury that the foregoing agenda will be posted no later than December 7, 2012 by 5:00 p.m. as follows:
On the Yolo County website: www.yolocounty.org.
Julie Dachtler, Deputy Clerk of the Board
NOTICE
If requested, this agenda can be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 and the Federal Rules and Regulations adopted in implementation thereof. Persons seeking an alternative format should contact the Clerk of the Board for further information. In addition, a person with a disability who requires a modification or accommodation, including auxiliary aids or services, in order to participate in a public meeting should telephone or otherwise contact the Clerk of the Board as soon as possible and at least 24 hours prior to the meeting. The Clerk of the Board may be reached at (530) 666-8195 or at the following address:
Clerk of the Board of Supervisors
County of Yolo
625 Court Street, Room 204
Woodland, CA 95695
Note:
Board of Supervisors meetings are now streaming live at www.yolocounty.org, and also videotaped for later broadcast. Please check your local carrier for broadcast dates and times.
Meeting went into Recess
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