Aug 03, 2010 Board of Supervisors Meeting

2.12 Adopt the Resolution of Acceptance for Final Map No. 4747 for the Patwin Terrace Residential Subdivision west of Davis. (No general fund impact) (Bencomo/Cormier)

Recommended Action 2.12

Supporting Document 2.12

Approved on Consent by Resolution No. 10-110 and Agreement No. 10-110.

2.13 Approve proposed expansion of the Exclusive Single-Family Collection Area 1B for residential garbage and recycling services to include a designated portion of County Road 96 and County Road 24. (No general fund or sanitation fund impact) (Bencomo/Sinderson)

Recommended Action 2.13

Supporting Document 2.13A

Supporting Document 2.13B

Approved recommended action on Consent.

2.14 Adopt the plans and specifications for the Culvert Pipe Replacement project; authorize advertising for competitive bids; and authorize the Director of Planning and Public works to execute a construction contract and change orders within specified limits. (No general fund impact; estimated project cost of $285,000 is financed by State Proposition 1B funds) (Bencomo/Christison)

Recommended Action 2.14

Supporting Document 2.14A

Supporting Document 2.14B

Approved recommended action on Consent.

2.15 Approve first amendment agreement to Shamrock Recycling of California, Inc. to extend the contract term through June 30, 2011 and increase the contract value by approximately $25,000 for waste tire removal. (No general fund impact; state grant and enterprise funds) (Bencomo/Sinderson)

Recommended Action 2.15

Supporting Document 2.15A

Supporting Document 2.15B

Approved on Consent by Agreement No. 10-111.

TIME SET AGENDA (ITEMS 3.01-3.03)

3.01 9:30 AM County Administrator

Public Hearing and potential adoption of a resolution approving issuance by the California Enterprise Development Authority of up to $4,500,000 of Recovery Zone Facility Bonds for the benefit of a Sah Group, Inc. hotel facility. (No general fund impact) (Brazil/Ervin)

Wes addressed the Board.

opened p/h R/Mc

Recommended Action 3.01

Supporting Document 3.01A

Supporting Document 3.01B

Motion to Minute Order No. 10-157: Approved recommended action by Resolution No. 10-111.  Moved by Rexroad, seconded by McGowan.

Vote to Minute Order No. 10-157: Approved recommended action by Resolution No. 10-111. (Approved)

3.02 9:30 AM County Administrator

Public Hearing and potential adoption of a resolution approving issuance by the California Enterprise Development Authority of up to $3,724,000 of Recovery Zone Economic Development Bonds for the benefit of the Yolo Emergency Communications Agency. (No general fund impact) (Brazil/Ervin)

Wes addressed the Board, along with Ray Groom - will be adding two new towers.

Mc/Ch 5/0

Recommended Action 3.02

Supporting Document 3.02

Motion to Minute Order No. 10-158: Approved recommended action by Resolution No. 10-112.  Moved by McGowan, seconded by Chamberlain.

Vote to Minute Order No. 10-158: Approved recommended action by Resolution No. 10-112. (Approved)

3.03 9:30 AM Planning and Public Works

Appeal of the Planning Commission's approval of a Use Permit, issued to Results Radio, for the construction and operation of a radio broadcast tower facility at the Yolo County Central Landfill. (No general fund impact) (Bencomo/Anderson)

David Morrison addressed the Board. Board members had questions of David. Phil addressed the Board in regards to a possible ordinance to address the issue of radio towers specifically in Yolo County in the future.

Supervisor McGowan asked that in the conditional use permit - is there a way to address the issue of the birds hitting the tower? David summarized his request that the cond. use permit would include the hiring of a biologist to test and find out how many birds would be impacted by the tower.

Opened p/h - Tovey addressed the Board and presented a power point to the board by hard copy. No mention of the Pacific Fly Away in the report. Asking the Board to extend the time period to respond to this item. Sup. Provenza asked what the additional study would entail. Tovey replied that on page 2 of the report 1) have a study made and 2) analyze and see what the results show and if there needs to be any changes.

Appellant spoke - Mr. David Tembeldore (on behalf of the applicant) - disagree with continuance. Feels that issues have been analyzed thoroughly, but did discuss the biological concerns. Regarding the mortality concerns of birds, will be providing strobe lights (address night time concerns) and bird flight diverters on the tower (address day time concerns)..Have done some extension research from the midwest. Bird mortality issues run by tower height (over 1000 feet there are more moralities) and light issues. Strobe lights reduced mortality rates by 83%. Would also be open to discussion of free standing tower. KMJE is the radio station - provides a potential revenue stream for the county. Non-monetary benefit - add additional communication within the county of the existing landfill, as it is not possible now. Data collection would also be attained. KVS is now at the campus and would like to reach more people in the County, which they are not able to do now - this project would allow them to reach 500,000 people, rather than 200,000 now.

David T. addressed the concerns of Sup. Provenza about how to address the Fish and Wildlife Guidance Report. The report is general. His clients are willing to go for the free standing tower, but it does not come at an additional cost, if the Board decides the bird issue is great enough of a concern.

Pam Miberg addressed the Board - represented the Sierra Club. Feels a tower in this location would be detrimental to the area, due to the bird kills. The number of night kills are because of the guy wires. Need further environmental review - would like study extended - even recommending alternate sites be considered.

Todd Urich addressed the Board on behalf of KVS. What have you done to address the component issues and the feasibility of the project? KVS is funded by the public. If the tower is not built, cannot reach more people in Yolo County.

Eileen Sammons addressed the Board. Feels site is inappropriate for its close proximity to the wetlands and the affect on neighborhoods. Would like a continuance to address the affect on birds. More about market share vs. the animals, who cannot speak for themselves. Need more time to study the issue.

Neil Ruud addressed the Board - General Manager on behalf of KDVS (90.3).

Bob Schneider addressed the Board - on behalf of Tuleyome. Mitigation - raptor center? Would appreciate a delay in this decision.

Dr. Andy Jones - faculty member at UC Davis. Try to protect our resource KDVS. Working on this project for 10 years. Have looked at other options to locate this tower.

Paul Webb addressed the Board - DJ at the radio station.

closed the p/h - have staff address any issues that were raised. David Morrison addressed the Board. Referred to conditional report item no. 8 regarding the bird issue.

Jim - motion grant request for 30 day delay ad return on September 14th - address risks/second Chamberlain - Helen - would oppose. Mike would support - interested in conditions - what type of structure - staff to review conditions, particularly bird issue. Helen feels the County should provide further analysis, not the appellant or the applicant. Phil could come back a little later this morning regarding the free standing tower. David T. addressed the Board on behalf of the applicant and are prepared to make the concession to the free standing tower. Jim would clearly like to know the conclusions of the report. Are there are more experts willing to provide info? Mike not focusing on analysis - what would the application look like? Free standing tower? David T - are we addressing free standing vs guide wire tower and the bird fly away issue? Chair answered yes.

cont. to Sept. 14th to allow staff to do some discusion and agreements over guide wires vs free standing. 3/2 - Noes - Sup. thomson and Rexorad.

break at 11;28 am.

Recommended Action 3.03

Supporting Document 3.03A

Supporting Document 3.03B

Supporting Document 3.03C

Supporting Document 3.03D

Supporting Document 3.03E

Supporting Document 3.03F

Supporting Document 3.03G

Supporting Document 3.03H

Supporting Document 3.03I

Supporting Document 3.03J

Supporting Document 3.03K

Supporting Document 3.03L

Supporting Document 3.03M

Supporting Document 3.03N

The following individuals addressed the Board of Supervisors on this item:

Tovey Giezentanner, Pam Nieberg, Todd Urick, Eileen Savitz, Neel Ruud, Bob Schneider, Dr. Andy Jones, Paul Webb, and David P. Templador

Motion to Minute Order No. 10-159: Continued to the next regularly scheduled meeting on September 14, 2010 to allow staff and the project applicant time to discuss the option of a free standing tower versus a tower with guy wires and other mitigation measures as may be necessary.   Moved by Provenza, seconded by Chamberlain.

Vote to Minute Order No. 10-159: Continued to the next regularly scheduled meeting on September 14, 2010 to allow staff and the project applicant time to discuss the option of a free standing tower versus a tower with guy wires and other mitigation measures as may be necessary. (Approved)

The Board of Supervisors recessed at 11:28 A.M. and reconvened at 11:38 A.M. All members were present. Chairwoman Thomson presided.

REGULAR AGENDA (ITEMS 4.01-4.10)

General Government

4.01 Action items and reports from members of the Board of Supervisors.

A. Receive reports from members of the Board of Supervisors, including brief announcements, questions to be referred to staff and reports on various 2x2s and meetings with other agencies.

1. Report on Operation Vigilance by Yolo County law enforcement agencies under the direction of the District Attorney’s office. (Supervisor Provenza)

Supporting Document 4.01A1 - A

Supporting Document 4.01A1 - B

Jeff Reisig addressed the Board.

Received report on Operation Vigilance.

Wes spoke of the fair booth at the State Fair - after Consent.

County Administrator

4.02 Action items and reports from the County Administrator.

reconvened 11:37 am.

Wes Ervin, Economic Development Coordinator, displayed a picture of the county exhibit entitled "Many Facets of Yolo County" that won silver at the 2010 State Fair.

Wes Ervin, Economic Development Manager, displayed a picture of Yolo County's exhibit at the 2010 California State Fair entitled, "Yolo County - A Multi-Faceted Jewel" which won a silver award in the counties exhibit competition.

4.03 Receive report and responses on the Audit of Gravel Mining Fees. (No general fund impact) (Brazil/Tuttle)

Recommended Action 4.03

Supporting Document 4.03A

Supporting Document 4.03B

Dirk addressed the Board. List of 49 items they are addressing. Sup. Thomson will be adding in a few more items to the motion - what does the board need to do to make this happen? Patrick addressed the Board about addressing audits. Sup Provenza - is there an automatic return date to the Board on this? Answer is no, but coming back to Board in September on a related issue. Could make it a date certain if that is the Board's desire. Dirk - meeting monthly already. The money is accounted for that has been collected.

Sup. McGowan is looking forward to reports on what's happening now. Should be celebrating this every year. Thomson - recom. of auditor be incorporated - rec. of transfer of money - page 6 and number 5, annual report to board on gravel fees on page 6 and establishing cost center and cost to do this auditing and procedures cannot come out of the gravel money. Make sure those recommendations are incorporated in Yolo county. Mcgowan second 5/0.

Motion to Minute Order No. 10-160: Approved recommended action and specified that the recommendations put forth in the Audit be incorporated and become the practice of this county in the management of gravel in Yolo County.  Moved by Thomson, seconded by McGowan.

Vote to Minute Order No. 10-160: Approved recommended action and specified that the recommendations put forth in the Audit be incorporated and become the practice of this county in the management of gravel in Yolo County. (Approved)

4.04 Receive and file a copy of the report prepared by the Administrative Office of the Courts, Historical Analysis of Disparities in Judicial Benefits (2009); consider alternative approaches; take action as appropriate; and direct staff with regard to Yolo County's payment of supplemental benefits by the budget consideration in September. (No general fund impact) (Blacklock/Leary)

Recommended Action 4.04

Supporting Document 4.04A

Supporting Document 4.04B

Supporting Document 4.04C

Supporting Document 4.04D

Supporting Document 4.04E

Pat Leary addressed the Board. Remaining artifact that ties the County to the Courts. The Court is taking on this issue - preparing a report that may come by the end of the year. Rexroad - move - affirm the notice of cancellation that the CAO sent to the Courts on the 30th of June, 2010. (Would effect those judges whose terms are up this year) or they could wait until the next election in 2012. no vote taken - substitute morion - McGowan - accept alternate action - Provenza seconded - Matt made comments. Vote - 4/1 - noes - Rexroad. New notice will be sent.

Motion to Supervisor Rexroad made a motion to affirm the notice of cancellation the County Administrator provided to the Yolo County Courts and the Administrative Office of the Courts. Motion failed for lack of a second.

Minute Order No. 10-161: Substitute motion made to approve an alternative action to provide notice of termination of supplemental judicial benefits now and extend the actual termination date to the next election cycle in 2012.   Moved by McGowan, seconded by Provenza.

Vote to Supervisor Rexroad made a motion to affirm the notice of cancellation the County Administrator provided to the Yolo County Courts and the Administrative Office of the Courts. Motion failed for lack of a second.

Minute Order No. 10-161: Substitute motion made to approve an alternative action to provide notice of termination of supplemental judicial benefits now and extend the actual termination date to the next election cycle in 2012. (Approved)

4.05 Consider response to the draft Tribal Environmental Impact Report for the proposed Cache Creek Casino Resort Event Center Project by the Yocha Dehe Wintun Nation. (No general fund impact) (Brazil/Lee)

Recommended Action 4.05

Supporting Document 4.05

Chris Lee addressed the Board. Mc/Rex 5/0

Motion to Minute Order No. 10-162: Approved recommended action.  Moved by McGowan, seconded by Rexroad.

Vote to Minute Order No. 10-162: Approved recommended action. (Approved)

Clerk of the Board

4.06 Correspondence and Board of Supervisors responses - see attachment.

Correspondence 4.06

General Services

4.07 Receive and approve the YoloArts panel recommendations for public art in the remodeled Yolo County Library Davis branch. (No additional general fund impact - included in Board approved construction budget) (Groom)

Recommended Action 4.07

Ray Groom addressed the Board - power point. Pr/Rexroad 5/0

Motion to Minute Order No. 10-163: Approved recommended action.  Moved by Provenza, seconded by Rexroad.

Vote to Minute Order No. 10-163: Approved recommended action. (Approved)

Planning and Public Works/Parks and Resources

Planning and Public Works

4.08 Receive presentation on the roads' budget update. (No general fund impact) (Bencomo/Kokkas)

Recommended Action 4.08

Panos addressed the Board. Co. owns 763 miles of roads.

Motion to Minute Order No. 10-164: Approved recommended action.  Moved by Chamberlain, seconded by Rexroad.

Vote to Minute Order No. 10-164: Approved recommended action. (Approved)

4.09 Receive and adopt annual update of the 10 year Capital Improvement Plan for roads, bridges and equipment. (No general fund impact) (Bencomo/Kokkas)

Recommended Action 4.09

$4.4 million for salaries and other funding - not received much other funding. May take 2 year to get get project finished, due to all the delays in getting funding and then approval. Spoke about the roads that were no longer being maintained under the Co. jurisdiction. Panos said this has gone well and has saved a lot of money - has a more positive effect.

R/P 5/0

vote not complete - Sup. Chamberlain had some concerns. new vote - added 2 votes - Chamberlain and Mcgowan - voted yes.

Motion to Minute Order No. 10-165: Approved recommended action.  Moved by Rexroad, seconded by Provenza.

Vote to Minute Order No. 10-165: Approved recommended action. (Approved)

4.10 Adopt resolution authorizing the Director of Planning and Public Works or designee to manage gates placed within the county's road right of way. (No general fund impact) (Bencomo/Kokkas)

Recommended Action 4.10

Panos addressed the Board. M/R staff recommendation - 5/0

Motion to Minute Order No. 10-166: Approved recommended action by Resolution No. 10-113.   Moved by McGowan, seconded by Rexroad.

Vote to Minute Order No. 10-166: Approved recommended action by Resolution No. 10-113. (Approved)

CLOSED SESSION (ITEMS 5.01-5.03)

5.01 Conference with Legal Counsel - Anticipated Litigation
Significant exposure to litigation pursuant to Government Code
Section 54956.9(b) 3 case(s)

5.02 Public Employment, Employee Appointment or Evaluation
Government Code Section 54954.5
Position title: Health Officer/Director

5.03 Conference with Labor Negotiator; Patrick Blacklock, CAO; Mindi Nunes, Director of Human Resources
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

Public report of action taken in Closed Session

ADJOURNMENT

9.01 Next meeting scheduled for: September 14, 2010

Supervisor Thomson adjourned in memory of Dr. Keith Richmond.

I declare under penalty of perjury that the foregoing agenda was posted July 30, 2010 by 5:00 P.M. at the following places:

1. On the bulletin board at the east entrance of the Erwin W. Meier Administration Building, 625 Court Street, Woodland, California; and

2. 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 July 30, 2010 by 5:00 P.M. as follows:

3. On the Yolo County website: www.yolocounty.org.

Dr. Keith Richmond - Sup Thomson adjourned in his memory.

adjourned

Meeting Paused

Meeting Resumed

Meeting Paused

Meeting Resumed

Aug 03, 2010 Board of Supervisors Meeting

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Roll Call: 7 members present, 0 members absent, 0 members excused.

9:00 A.M. CALL TO ORDER (ITEMS 1.01-1.05)

1.01 Pledge of Allegiance.

1.02 Consider approval of agenda.

R/Pr 5/0

Motion to Minute Order No. 10-154: Approved agenda as submitted.   Moved by Rexroad, seconded by Provenza.

Vote to Minute Order No. 10-154: Approved agenda as submitted. (Approved)

1.03 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.

1.04 Approve and present the following resolution:

Motion to Minute Order No. 10-155: Approved and presented the following resolution:   Moved by Rexroad, seconded by Provenza.

Vote to Minute Order No. 10-155: Approved and presented the following resolution: (Approved)

A.   Resolution declaring August 8 through August 14, 2010 as "National Community Health Center Week" in Yolo County. (Supervisor Chamberlain)

National Community Health Center Week

R/pr 5/0

Supervisor Chamberlain presented Resolution.

1.05 Introductions, comments and/or honorary presentations.

CONSENT AGENDA (ITEMS 2.01-2.15)

R/Mc 5/0

Motion to Minute Order No. 10-156: Approved Consent Agenda Items No. 2.01-2.15.   Moved by Rexroad, seconded by McGowan.

Vote to Minute Order No. 10-156: Approved Consent Agenda Items No. 2.01-2.15. (Approved)

General Government

Clerk of the Board

2.01 Approve the minutes of the Board of Supervisors meeting of July 27, 2010.

7.27.10 Minutes

Approved the July 27, 2010 Minutes on Consent.

County Administrator

2.02 Approve contract with Wood Rodgers, Inc. to prepare four community infrastructure master plans in Esparto, Madison, Knights Landing and Yolo (Cacheville) pursuant to US Economic Development Administration grant for $124,000. (No general fund impact; grant funds) (Brazil/Ervin)

Recommended Action 2.02

Supporting Document 2.02

Approved on Consent by Agreement No. 10-103.

Auditor-Controller/Treasurer-Tax Collector

2.03 Receive and file the Yolo County Investment Pool investment report for March through June 2010. (No general fund impact) (Newens)

Recommended Action 2.03

Approved recommended action on Consent.

Library

2.04 Approve the fiscal year 2010/11 resolution for the Yolo County Library Measure P (Community Facilities District No. 1989-1, Davis Branch Library) to adopt the levying and apportioning of the special tax as provided herein. (No general fund impact) (Wong)

Recommended Action 2.04

Approved on Consent by Resolution No. 10-109.

Health & Human Services

Alcohol, Drug & Mental Health

2.05 Approve agreement with CommuniCare Health Centers, Inc. for $186,000 to provide mental health services at school, home or provider site as needed to Seriously Emotionally Disturbed Medi-Cal eligible children and youths under age 21 who are involved with the Criminal Justice system for the period July 1, 2010 through June 30, 2011. (No general fund impact; Medi-Cal Federal Financial Participation, Early and Periodic Screening, Diagnosis and Treatment, and realignment funds) (Suderman)

Recommended Action 2.05

Supporting Document 2.05

Approved on Consent by Agreement No. 10-104.

2.06 Approve annual agreement with Rural Innovations in Social Economics Inc., for $180,000 in fiscal year 2010/11 for Mental Health Services Act Prevention and Early Intervention services to promote mental wellness and resilience in the western rural region of Yolo County. (No county general fund impact; Mental Health Services Act funds) (Suderman)

Recommended Action 2.06

Supporting Document 2.06

Approved on Consent by Agreement No. 10-105.

2.07 Approve annual agreement with Turning Point Community Programs Housing for fiscal year 2010/11 in the amount of $630,000 to provide housing and supportive services, and day rehabilitation services. (No general fund impact; Mental Health Services Act, Medi-Cal and realignment funds and private donation) (Suderman)

Recommended Action 2.07

Supporting Document 2.07

Approved on Consent by Agreement No. 10-106.

Employment & Social Services

2.08 Approve annual In-Home Supportive Services Program Integrity and Fraud Detection and Prevention Plan for fiscal year 2010/11. (General fund share of $19,206 funded in 2010/11 approved budget) (Miller)

Recommended Action 2.08

Approved recommended action on Consent.

2.09 Approve annual agreement with California State Association of Counties for CalWORKS Information Network (CalWIN) staffing for CalWIN counties for fiscal year 2010/11. (No general fund impact) (Miller)

Recommended Action 2.09

Supporting Document 2.09

Approved on Consent by Agreement No. 10-107.

2.10 Approve annual agreement with CommuniCare Health Centers, Inc. for outpatient substance abuse treatment and drug test specimen collection services for both Child Welfare Service and CalWORKs clients effective July 1, 2010 through June 30, 2011 (includes two option years for 2011/12 and 2012/13) in the amount of $105,000. (General fund impact not to exceed $15,000) (Miller)

Recommended Action 2.10

Approved on Consent by Agreement No. 10-108.

2.11 Approve second amendment to Agreement No. 07-318 for Wraparound Services with EMQ FamiliesFirst, Inc. in the amount of $1,193,000 for the period of July 1, 2010 through June 30, 2011. (General fund impact of $499,680, included in Department of Employment and Social Services 2010/11 budget) (Miller/Suderman)

Recommended Action 2.11

Approved on Consent by Agreement No. 10-109.

Planning and Public Works/Parks and Resources

Planning and Public Works

2.12 Adopt the Resolution of Acceptance for Final Map No. 4747 for the Patwin Terrace Residential Subdivision west of Davis. (No general fund impact) (Bencomo/Cormier)

Recommended Action 2.12

Supporting Document 2.12

Approved on Consent by Resolution No. 10-110 and Agreement No. 10-110.

2.13 Approve proposed expansion of the Exclusive Single-Family Collection Area 1B for residential garbage and recycling services to include a designated portion of County Road 96 and County Road 24. (No general fund or sanitation fund impact) (Bencomo/Sinderson)

Recommended Action 2.13

Supporting Document 2.13A

Supporting Document 2.13B

Approved recommended action on Consent.

2.14 Adopt the plans and specifications for the Culvert Pipe Replacement project; authorize advertising for competitive bids; and authorize the Director of Planning and Public works to execute a construction contract and change orders within specified limits. (No general fund impact; estimated project cost of $285,000 is financed by State Proposition 1B funds) (Bencomo/Christison)

Recommended Action 2.14

Supporting Document 2.14A

Supporting Document 2.14B

Approved recommended action on Consent.

2.15 Approve first amendment agreement to Shamrock Recycling of California, Inc. to extend the contract term through June 30, 2011 and increase the contract value by approximately $25,000 for waste tire removal. (No general fund impact; state grant and enterprise funds) (Bencomo/Sinderson)

Recommended Action 2.15

Supporting Document 2.15A

Supporting Document 2.15B

Approved on Consent by Agreement No. 10-111.

TIME SET AGENDA (ITEMS 3.01-3.03)

3.01 9:30 AM County Administrator

Public Hearing and potential adoption of a resolution approving issuance by the California Enterprise Development Authority of up to $4,500,000 of Recovery Zone Facility Bonds for the benefit of a Sah Group, Inc. hotel facility. (No general fund impact) (Brazil/Ervin)

Wes addressed the Board.

opened p/h R/Mc

Recommended Action 3.01

Supporting Document 3.01A

Supporting Document 3.01B

Motion to Minute Order No. 10-157: Approved recommended action by Resolution No. 10-111.  Moved by Rexroad, seconded by McGowan.

Vote to Minute Order No. 10-157: Approved recommended action by Resolution No. 10-111. (Approved)

3.02 9:30 AM County Administrator

Public Hearing and potential adoption of a resolution approving issuance by the California Enterprise Development Authority of up to $3,724,000 of Recovery Zone Economic Development Bonds for the benefit of the Yolo Emergency Communications Agency. (No general fund impact) (Brazil/Ervin)

Wes addressed the Board, along with Ray Groom - will be adding two new towers.

Mc/Ch 5/0

Recommended Action 3.02

Supporting Document 3.02

Motion to Minute Order No. 10-158: Approved recommended action by Resolution No. 10-112.  Moved by McGowan, seconded by Chamberlain.

Vote to Minute Order No. 10-158: Approved recommended action by Resolution No. 10-112. (Approved)

3.03 9:30 AM Planning and Public Works

Appeal of the Planning Commission's approval of a Use Permit, issued to Results Radio, for the construction and operation of a radio broadcast tower facility at the Yolo County Central Landfill. (No general fund impact) (Bencomo/Anderson)

David Morrison addressed the Board. Board members had questions of David. Phil addressed the Board in regards to a possible ordinance to address the issue of radio towers specifically in Yolo County in the future.

Supervisor McGowan asked that in the conditional use permit - is there a way to address the issue of the birds hitting the tower? David summarized his request that the cond. use permit would include the hiring of a biologist to test and find out how many birds would be impacted by the tower.

Opened p/h - Tovey addressed the Board and presented a power point to the board by hard copy. No mention of the Pacific Fly Away in the report. Asking the Board to extend the time period to respond to this item. Sup. Provenza asked what the additional study would entail. Tovey replied that on page 2 of the report 1) have a study made and 2) analyze and see what the results show and if there needs to be any changes.

Appellant spoke - Mr. David Tembeldore (on behalf of the applicant) - disagree with continuance. Feels that issues have been analyzed thoroughly, but did discuss the biological concerns. Regarding the mortality concerns of birds, will be providing strobe lights (address night time concerns) and bird flight diverters on the tower (address day time concerns)..Have done some extension research from the midwest. Bird mortality issues run by tower height (over 1000 feet there are more moralities) and light issues. Strobe lights reduced mortality rates by 83%. Would also be open to discussion of free standing tower. KMJE is the radio station - provides a potential revenue stream for the county. Non-monetary benefit - add additional communication within the county of the existing landfill, as it is not possible now. Data collection would also be attained. KVS is now at the campus and would like to reach more people in the County, which they are not able to do now - this project would allow them to reach 500,000 people, rather than 200,000 now.

David T. addressed the concerns of Sup. Provenza about how to address the Fish and Wildlife Guidance Report. The report is general. His clients are willing to go for the free standing tower, but it does not come at an additional cost, if the Board decides the bird issue is great enough of a concern.

Pam Miberg addressed the Board - represented the Sierra Club. Feels a tower in this location would be detrimental to the area, due to the bird kills. The number of night kills are because of the guy wires. Need further environmental review - would like study extended - even recommending alternate sites be considered.

Todd Urich addressed the Board on behalf of KVS. What have you done to address the component issues and the feasibility of the project? KVS is funded by the public. If the tower is not built, cannot reach more people in Yolo County.

Eileen Sammons addressed the Board. Feels site is inappropriate for its close proximity to the wetlands and the affect on neighborhoods. Would like a continuance to address the affect on birds. More about market share vs. the animals, who cannot speak for themselves. Need more time to study the issue.

Neil Ruud addressed the Board - General Manager on behalf of KDVS (90.3).

Bob Schneider addressed the Board - on behalf of Tuleyome. Mitigation - raptor center? Would appreciate a delay in this decision.

Dr. Andy Jones - faculty member at UC Davis. Try to protect our resource KDVS. Working on this project for 10 years. Have looked at other options to locate this tower.

Paul Webb addressed the Board - DJ at the radio station.

closed the p/h - have staff address any issues that were raised. David Morrison addressed the Board. Referred to conditional report item no. 8 regarding the bird issue.

Jim - motion grant request for 30 day delay ad return on September 14th - address risks/second Chamberlain - Helen - would oppose. Mike would support - interested in conditions - what type of structure - staff to review conditions, particularly bird issue. Helen feels the County should provide further analysis, not the appellant or the applicant. Phil could come back a little later this morning regarding the free standing tower. David T. addressed the Board on behalf of the applicant and are prepared to make the concession to the free standing tower. Jim would clearly like to know the conclusions of the report. Are there are more experts willing to provide info? Mike not focusing on analysis - what would the application look like? Free standing tower? David T - are we addressing free standing vs guide wire tower and the bird fly away issue? Chair answered yes.

cont. to Sept. 14th to allow staff to do some discusion and agreements over guide wires vs free standing. 3/2 - Noes - Sup. thomson and Rexorad.

break at 11;28 am.

Recommended Action 3.03

Supporting Document 3.03A

Supporting Document 3.03B

Supporting Document 3.03C

Supporting Document 3.03D

Supporting Document 3.03E

Supporting Document 3.03F

Supporting Document 3.03G

Supporting Document 3.03H

Supporting Document 3.03I

Supporting Document 3.03J

Supporting Document 3.03K

Supporting Document 3.03L

Supporting Document 3.03M

Supporting Document 3.03N

The following individuals addressed the Board of Supervisors on this item:

Tovey Giezentanner, Pam Nieberg, Todd Urick, Eileen Savitz, Neel Ruud, Bob Schneider, Dr. Andy Jones, Paul Webb, and David P. Templador

Motion to Minute Order No. 10-159: Continued to the next regularly scheduled meeting on September 14, 2010 to allow staff and the project applicant time to discuss the option of a free standing tower versus a tower with guy wires and other mitigation measures as may be necessary.   Moved by Provenza, seconded by Chamberlain.

Vote to Minute Order No. 10-159: Continued to the next regularly scheduled meeting on September 14, 2010 to allow staff and the project applicant time to discuss the option of a free standing tower versus a tower with guy wires and other mitigation measures as may be necessary. (Approved)

The Board of Supervisors recessed at 11:28 A.M. and reconvened at 11:38 A.M. All members were present. Chairwoman Thomson presided.

REGULAR AGENDA (ITEMS 4.01-4.10)

General Government

4.01 Action items and reports from members of the Board of Supervisors.

A. Receive reports from members of the Board of Supervisors, including brief announcements, questions to be referred to staff and reports on various 2x2s and meetings with other agencies.

1. Report on Operation Vigilance by Yolo County law enforcement agencies under the direction of the District Attorney’s office. (Supervisor Provenza)

Supporting Document 4.01A1 - A

Supporting Document 4.01A1 - B

Jeff Reisig addressed the Board.

Received report on Operation Vigilance.

Wes spoke of the fair booth at the State Fair - after Consent.

County Administrator

4.02 Action items and reports from the County Administrator.

reconvened 11:37 am.

Wes Ervin, Economic Development Coordinator, displayed a picture of the county exhibit entitled "Many Facets of Yolo County" that won silver at the 2010 State Fair.

Wes Ervin, Economic Development Manager, displayed a picture of Yolo County's exhibit at the 2010 California State Fair entitled, "Yolo County - A Multi-Faceted Jewel" which won a silver award in the counties exhibit competition.

4.03 Receive report and responses on the Audit of Gravel Mining Fees. (No general fund impact) (Brazil/Tuttle)

Recommended Action 4.03

Supporting Document 4.03A

Supporting Document 4.03B

Dirk addressed the Board. List of 49 items they are addressing. Sup. Thomson will be adding in a few more items to the motion - what does the board need to do to make this happen? Patrick addressed the Board about addressing audits. Sup Provenza - is there an automatic return date to the Board on this? Answer is no, but coming back to Board in September on a related issue. Could make it a date certain if that is the Board's desire. Dirk - meeting monthly already. The money is accounted for that has been collected.

Sup. McGowan is looking forward to reports on what's happening now. Should be celebrating this every year. Thomson - recom. of auditor be incorporated - rec. of transfer of money - page 6 and number 5, annual report to board on gravel fees on page 6 and establishing cost center and cost to do this auditing and procedures cannot come out of the gravel money. Make sure those recommendations are incorporated in Yolo county. Mcgowan second 5/0.

Motion to Minute Order No. 10-160: Approved recommended action and specified that the recommendations put forth in the Audit be incorporated and become the practice of this county in the management of gravel in Yolo County.  Moved by Thomson, seconded by McGowan.

Vote to Minute Order No. 10-160: Approved recommended action and specified that the recommendations put forth in the Audit be incorporated and become the practice of this county in the management of gravel in Yolo County. (Approved)

4.04 Receive and file a copy of the report prepared by the Administrative Office of the Courts, Historical Analysis of Disparities in Judicial Benefits (2009); consider alternative approaches; take action as appropriate; and direct staff with regard to Yolo County's payment of supplemental benefits by the budget consideration in September. (No general fund impact) (Blacklock/Leary)

Recommended Action 4.04

Supporting Document 4.04A

Supporting Document 4.04B

Supporting Document 4.04C

Supporting Document 4.04D

Supporting Document 4.04E

Pat Leary addressed the Board. Remaining artifact that ties the County to the Courts. The Court is taking on this issue - preparing a report that may come by the end of the year. Rexroad - move - affirm the notice of cancellation that the CAO sent to the Courts on the 30th of June, 2010. (Would effect those judges whose terms are up this year) or they could wait until the next election in 2012. no vote taken - substitute morion - McGowan - accept alternate action - Provenza seconded - Matt made comments. Vote - 4/1 - noes - Rexroad. New notice will be sent.

Motion to Supervisor Rexroad made a motion to affirm the notice of cancellation the County Administrator provided to the Yolo County Courts and the Administrative Office of the Courts. Motion failed for lack of a second.

Minute Order No. 10-161: Substitute motion made to approve an alternative action to provide notice of termination of supplemental judicial benefits now and extend the actual termination date to the next election cycle in 2012.   Moved by McGowan, seconded by Provenza.

Vote to Supervisor Rexroad made a motion to affirm the notice of cancellation the County Administrator provided to the Yolo County Courts and the Administrative Office of the Courts. Motion failed for lack of a second.

Minute Order No. 10-161: Substitute motion made to approve an alternative action to provide notice of termination of supplemental judicial benefits now and extend the actual termination date to the next election cycle in 2012. (Approved)

4.05 Consider response to the draft Tribal Environmental Impact Report for the proposed Cache Creek Casino Resort Event Center Project by the Yocha Dehe Wintun Nation. (No general fund impact) (Brazil/Lee)

Recommended Action 4.05

Supporting Document 4.05

Chris Lee addressed the Board. Mc/Rex 5/0

Motion to Minute Order No. 10-162: Approved recommended action.  Moved by McGowan, seconded by Rexroad.

Vote to Minute Order No. 10-162: Approved recommended action. (Approved)

Clerk of the Board

4.06 Correspondence and Board of Supervisors responses - see attachment.

Correspondence 4.06

General Services

4.07 Receive and approve the YoloArts panel recommendations for public art in the remodeled Yolo County Library Davis branch. (No additional general fund impact - included in Board approved construction budget) (Groom)

Recommended Action 4.07

Ray Groom addressed the Board - power point. Pr/Rexroad 5/0

Motion to Minute Order No. 10-163: Approved recommended action.  Moved by Provenza, seconded by Rexroad.

Vote to Minute Order No. 10-163: Approved recommended action. (Approved)

Planning and Public Works/Parks and Resources

Planning and Public Works

4.08 Receive presentation on the roads' budget update. (No general fund impact) (Bencomo/Kokkas)

Recommended Action 4.08

Panos addressed the Board. Co. owns 763 miles of roads.

Motion to Minute Order No. 10-164: Approved recommended action.  Moved by Chamberlain, seconded by Rexroad.

Vote to Minute Order No. 10-164: Approved recommended action. (Approved)

4.09 Receive and adopt annual update of the 10 year Capital Improvement Plan for roads, bridges and equipment. (No general fund impact) (Bencomo/Kokkas)

Recommended Action 4.09

$4.4 million for salaries and other funding - not received much other funding. May take 2 year to get get project finished, due to all the delays in getting funding and then approval. Spoke about the roads that were no longer being maintained under the Co. jurisdiction. Panos said this has gone well and has saved a lot of money - has a more positive effect.

R/P 5/0

vote not complete - Sup. Chamberlain had some concerns. new vote - added 2 votes - Chamberlain and Mcgowan - voted yes.

Motion to Minute Order No. 10-165: Approved recommended action.  Moved by Rexroad, seconded by Provenza.

Vote to Minute Order No. 10-165: Approved recommended action. (Approved)

4.10 Adopt resolution authorizing the Director of Planning and Public Works or designee to manage gates placed within the county's road right of way. (No general fund impact) (Bencomo/Kokkas)

Recommended Action 4.10

Panos addressed the Board. M/R staff recommendation - 5/0

Motion to Minute Order No. 10-166: Approved recommended action by Resolution No. 10-113.   Moved by McGowan, seconded by Rexroad.

Vote to Minute Order No. 10-166: Approved recommended action by Resolution No. 10-113. (Approved)

CLOSED SESSION (ITEMS 5.01-5.03)

5.01 Conference with Legal Counsel - Anticipated Litigation
Significant exposure to litigation pursuant to Government Code
Section 54956.9(b) 3 case(s)

5.02 Public Employment, Employee Appointment or Evaluation
Government Code Section 54954.5
Position title: Health Officer/Director

5.03 Conference with Labor Negotiator; Patrick Blacklock, CAO; Mindi Nunes, Director of Human Resources
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

Public report of action taken in Closed Session

ADJOURNMENT

9.01 Next meeting scheduled for: September 14, 2010

Supervisor Thomson adjourned in memory of Dr. Keith Richmond.

I declare under penalty of perjury that the foregoing agenda was posted July 30, 2010 by 5:00 P.M. at the following places:

1. On the bulletin board at the east entrance of the Erwin W. Meier Administration Building, 625 Court Street, Woodland, California; and

2. 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 July 30, 2010 by 5:00 P.M. as follows:

3. On the Yolo County website: www.yolocounty.org.

Dr. Keith Richmond - Sup Thomson adjourned in his memory.

adjourned

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