Agenda

YOLO COUNTY BOARD OF SUPERVISORS

MINUTES & SUPPORTING MATERIALS

Pursuant to County Code Section 2-1.103

January 23, 2018

COUNTY BOARD OF SUPERVISORS
CHAIR, OSCAR VILLEGAS, DISTRICT 1
VICE-CHAIR, DON SAYLOR, DISTRICT 2
MATT REXROAD, DISTRICT 3
JIM PROVENZA, DISTRICT 4
DUANE CHAMBERLAIN, DISTRICT 5

BOARD OF SUPERVISORS CHAMBERS
625 COURT STREET, ROOM 206
WOODLAND, CALIFORNIA 95695

PATRICK S. BLACKLOCK
COUNTY ADMINISTRATOR

PHILIP J. POGLEDICH
COUNTY COUNSEL

Roll Call:
Saylor
Rexroad
Provenza
Chamberlain
Villegas

Patrick S. Blacklock, County Administrator
Philip J. Pogledich, County Counsel

Please note:

Materials to be shared with the Board of Supervisors should be handed to the Clerk of the Board for distribution.
During Board meetings, Supervisors will not review e-mails or other electronic communications on agenda items.

9:00 A.M. CALL TO ORDER

Pledge of Allegiance.

Roll Call.

Approval of Agenda

Consider approval of agenda.

Minute Order No. 18-05: Approved agenda as submitted.

MOVED BY: Provenza / SECONDED BY: Saylor
AYES: Saylor, Rexroad, Provenza, Chamberlain, Villegas.
NOES: None.
ABSTAIN: None.
ABSENT: None.


Public Comment

	2.	To be afforded a brief period of time to speak before the Board of Supervisors, please submit a Request to Comment card to the Clerk of the Board (far side of the room). Note: per the Ralph M. Brown Act, Board members may briefly respond to statements made or questions posed during the public comment period on items that are not on the agenda, but may not take action on such items. You may also share your thoughts with the Board of Supervisors by submitting a written statement in Room 204.

Jenny Lillge, Bridget Levich, Meg Stallard and Charlie Schaupp addressed the Board of Supervisors during public comment.

CONSENT AGENDA

Minute Order No. 18-06: Approved Consent Agenda Item Nos. 3-18, except for Agenda Item Nos. 8, 13 and 14, which were moved to the Regular Agenda.

MOVED BY: Rexroad / SECONDED BY: Provenza
AYES: Saylor, Rexroad, Provenza, Chamberlain, Villegas.
NOES: None.
ABSTAIN: None.
ABSENT: None.


General Government

Clerk of the Board

	3.	Approve the minutes of the January 9, 2018 Board of Supervisors meeting.

Approved the minutes of the January 9, 2018 Board of Supervisors meeting on Consent.


			4.	Accept resignations, consider appointments and reappointments.

Approved recommended action on Consent.


			5.	Correspondence.

Approved Correspondence on Consent.


			6.	Conferences, meetings and events the Board of Supervisors attended.

Approved recommended action on Consent.


County Administrator

	7.	Approve budget modification for County Service Area 6 (Snowball CSA) increasing the budget by $128,506 consistent with the Board's July 18, 2017 approval of the annual levee maintenance plan. (No general fund impact) (4/5 vote required) (Blacklock/Sabatini)

Approved Budget Resolution No. 17-118.16 on Consent.


			8.	Adopt resolution opposing the Trump Administration’s recent proposal to program lease sales for new offshore oil and gas development off the coast of California. (No general fund impact) (Blacklock/Tengolics)

Minute Order No. 18-07: Approved recommended action by Resolution No. 18-03.

MOVED BY: Rexroad / SECONDED BY: Provenza
AYES: Saylor, Rexroad, Provenza, Villegas.
NOES: Chamberlain.
ABSTAIN: None.
ABSENT: None.


			9.	Approve North Davis Meadows County Service Area initiation of Proposition 218 proceedings for water fee changes to support Water System Consolidation Project. (No general fund impact) (Blacklock/Gabor)

Approved recommended action on Consent.


			10.	Adopt a resolution declaring certain County-owned real property as surplus and provide a Notice of Intention to sell surplus real property located at 255 C Street in Woodland at a public meeting set for February 6, 2018 at 9:00 a.m. (No general fund impact) (Nunes)

Approved Resolution No. 18-04 on Consent.


Financial Services

	11.	Adopt resolution establishing the County of Yolo appropriations limit for 2017-18, as required by California state law, in the amount of $2,768,063,313. (No general fund impact) (Newens)

Approved Resolution No. 18-05 on Consent.


Law & Justice Services

District Attorney

	12.	Approve the extension and the expansion of the three year lease and addendums for space, located at 414 4th Street, Woodland, CA, to include Suite B-3 as an addition to currently occupied Suites B-1 & B-4, to continue to house the District Attorney's Consumer Fraud Environmental Protection and Fraud units. Lease amount included in District Attorney's 2017-18 budget. (No general fund impact) (Reisig)

Approved Agreement No. 18-10 on Consent.


Health & Human Services

Adult & Aging

	13.	Approve agreement with Yolo Food Bank to provide Community Services Block Grant services relating to combating poverty for low-income persons within Yolo County in the amount of $50,000 for the period January 1, 2018 through December 31, 2018. (No general fund impact) (Larsen)

Minute Order No. 18-08: Approved recommended action by Agreement No. 18-11.

MOVED BY: Rexroad / SECONDED BY: Saylor
AYES: Saylor, Rexroad, Provenza, Chamberlain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
RECUSE: Villegas.


			14.	Approve agreement with Legal Services of Northern California to provide civil legal services for clients eligible for the Proposition 47, Steps to Success program in the amount of $265,500 for the period November 16, 2017 through August 15, 2020. (No general fund impact) (Larsen)

Minute Order No. 18-09: Approved recommended action by Agreement No. 18-12.

MOVED BY: Rexroad / SECONDED BY: Saylor
AYES: Saylor, Rexroad, Provenza, Chamberlain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
RECUSE: Villegas.


Child, Youth & Family

	15.	Approve first amendment to Agreement No. 2014-0114 for the Yolo County Housing Authority, related to the Transitional Housing Placement-Plus Program, to increase funding in the amount of $34,000 for a maximum compensation amount of $124,000 for 2017-18. (No general fund impact) (Larsen)

Approved Agreement No. 18-13 on Consent.


			16.	Approve fourth amendment to Agreement No. 14-15 with Turning Point Community Programs to add funding for 2017-18 in the amount of $249,600 for a new contract maximum amount of $3,382,554 and revise and add contract language where appropriate to clarify; and refine the terms, conditions, and requirements of the agreement accurately, for the period July 1, 2014 through June 30, 2018. (No general fund impact) (Larsen)

Approved Agreement No. 18-14 on Consent.


Service Centers

	17.	Approve first amendment to Agreement No. SE 18-06 with Yolo Family Service Agency increasing the maximum compensation by $33,000 to $49,500 for the period of July 1, 2017 through June 30, 2018 to accommodate additional placements and/or a longer placement period for Subsidized Employment Training for California Work Opportunity and Responsibility to Kids (CalWORKs) clients. (No general fund impact) (Larsen)

Approved Agreement No. 18-15 on Consent.


			18.	Approve first amendment to Agreement No. SE 18-01 with Yolo Food Bank increasing the maximum compensation by $13,200 to $29,700 for the period of July 1, 2017 through June 30, 2018 to accommodate additional placements and/or a longer placement period for Subsidized Employment Training for California Work Opportunity and Responsibility to Kids (CalWORKs) clients. (No general fund impact) (Larsen)

Approved Agreement No. 18-16 on Consent.

INTRODUCTIONS

Introductions

19.

Introductions.

TIME SET AGENDA

9:00 a.m. Community Services

20.

Conduct a de novo public hearing on appeal of the Planning Commission's approval of a Use Permit for the construction and operation of a gas station, car wash, and mini-mart, along with a final Parcel Map to complete the subdivision of the site into two lots; and an Alcoholic Beverage Control Permit to allow the sale of beer and wine at the mini-mart. The project is located at the northwest corner of State Route 16 (Yolo Avenue) and County Road 21A in Esparto (APN: 049-160-11). A Negative Declaration has been prepared for this project. (No general fund impact) (Echiburu/Parfrey)

Both the applicant, Dan Boatwright, Castle Companies and the appellant, Omar Carrillo, Yocha Dehe Wintun Nation and Matthew Adams, attorney for Yocha Dehe Wintun Nation addressed the Board on this item.

Charlie Schaupp, Gursharn Sangha, Pam Welch, Karan Chhikara on behalf of himself and Miguel Molina, Giacomo Moris, Colleen Fescenmeyer, George Pennebaker, Barry Burns and Nancy Pennebaker addressed the Board on this item.

Minute Order No. 18-10: Held public hearing, approved recommended actions and directed staff to further engage Caltrans in the process.

MOVED BY: Saylor / SECONDED BY: Provenza
AYES: Saylor, Rexroad, Provenza, Chamberlain, Villegas.
NOES: None.
ABSTAIN: None.
ABSENT: None.


			21.	Conduct a de novo public hearing on appeal of the Planning Commission's approval of a Use Permit for the construction and operation of three temporary meteorological wind towers located within an approximately 10 mile-long area near the ridgeline of the Capay Hills, ranging from east of Brooks to east of Rumsey (APNs: 061-150-002, 059-180-007, and 059-090-009). A Mitigated Negative Declaration has been prepared and circulated for the project. (No general fund impact) (Echiburu/Parfrey)

Both the applicant, Nathan Vajdos, Terra-Gen and the appellant, Marilyn Delgado, Yocha Dehe Wintun Nation and Matthew Adams, attorney for Yocha Dehe Wintun Nation, addressed the Board on this item.

Colleen Fescenmeyer addressed the Board on this item.

Motion made by Supervisor Saylor and seconded by Supervisor Rexroad to approve recommended actions B and C. Motion was withdrawn before a vote was taken.

Minute Order No. 18-11: Held public hearing and directed staff to work with applicant and appellant, particularly on a cultural resources monitoring plan, and return to the Board on February 6, 2018 at 9:00 a.m.

MOVED BY: Saylor / SECONDED BY: Provenza
AYES: Saylor, Rexroad, Provenza, Chamberlain, Villegas.
NOES: None.
ABSTAIN: None.
ABSENT: None.

REGULAR AGENDA
(NOTE: Items below may be heard at any time during the meeting)

General Government

Board of Supervisors

22.

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. (Board of Supervisors)

Received Board reports.


	23.	Long Range Planning Calendar - recurring opportunity for Board members to discuss and as needed, direct staff regarding future Board agenda items. (Board of Supervisors)

County Administrator

	24.	Action items and reports from the County Administrator. (Blacklock)

	25.	Approve Esparto Community Park and Aquatic Center project budget of $7,414,505; adopt budget resolution transferring $900,000 in General Fund Contingency and $604,505 from County One-Time Payments under 2017 Intergovernmental Agreement with the Yocha Dehe Wintun Nation for one-time construction costs of the Esparto Community Park and Aquatic Center, and to fully appropriate all other funds associated with the Esparto Community Park and Aquatic Center project; approve agreement with the Yocha Dehe Wintun Nation for $2,400,000 in funding toward one-time construction costs of the Esparto Community Park and Aquatic Center; and award contract to low bidder SW Allen in an amount not to exceed $6,602,505 (inclusive of change orders) for the construction of the Esparto Community Park and Aquatic Center. (General fund impact $900,000) (4/5 vote required) (Blacklock/Cook)

Trini Campbell, Giacomo Moris and Charlie Schaupp addressed the Board on this item.

Minute Order No. 18-12: Approved recommended actions by Budget Resolution No. 17-118.17 and Agreement Nos. 18-17 and 18-18.

MOVED BY: Chamberlain / SECONDED BY: Saylor
AYES: Saylor, Rexroad, Provenza, Chamberlain, Villegas.
NOES: None.
ABSTAIN: None.
ABSENT: None.


			26.	Receive update on the Yolo County Climate Action Plan and provide direction on next steps. (No general fund impact) (Nunes/Robledo)

Received updated on the Yolo County Climate Action Plan and provided direction on next steps.


			27.	Receive update on the status of the cannabis program fee structure and costs associated with enforcement activities for illegal grows.

Received updated on the status of the cannabis program fee structure and costs associated with enforcement activities for illegal grows.


			28.	Update, public comment, and Board direction and action regarding County cannabis program items, including: update on development agreement implementation in near- and long-term; update on the development of the comprehensive land use regulations; update on the RFP process for nursery and processing facilities; and introduce by title only, waive first reading, receive public comment, and direct staff to return on February 6 for a second reading and potential adoption of an ordinance imposing a general tax of 1-15% of gross receipts on commercial cannabis activities, with an initial rate of 4% of gross receipts of cultivation activities and 5% of gross receipts on all other commercial cannabis activities in the unincorporated area of Yolo County to be placed on the ballot at the June 5, 2018 election; (Potential annual general fund increase in the low millions of dollars) (Blacklock/Tengolics)

Michael Hicks, Daniel Conway, Jackie McGowan, Lorne Silverstein and Tim Schimmel addressed the Board on this item.

Minute Order No. 18-13: Approved recommended action with the following amendments to the ordinance and continued the ordinance to the next regularly scheduled meeting, February 6, 2018, for adoption.

1) Addition and removal of language to County Counsel Summary section (page 1):

…early childhood intervention and prevention, ~~and~~ youth ~~education and~~ development.

2) Addition of language to 3-07.28 Oversight committee section (page 20):

The Board of Supervisors shall, by resolution, establish a citizen’s oversight committee to act in an advisory role to the Board of Supervisors in reviewing the annual revenue and expenditure of funds from the tax authorized by this Chapter, including the annual expenditure plan, and reviewing an annual accounting of the previous year’s expenditures. The resolution shall establish the committee member’s terms, qualifications and duties, and the committee’s scope of authority.

3) Change the word marijuana to cannabis.

MOVED BY: Provenza / SECONDED BY: Saylor
AYES: Saylor, Provenza, Chamberlain, Villegas.
NOES: Rexroad.
ABSTAIN: None.
ABSENT: None.


County Counsel

	29.	Receive an update regarding preparation of the draft Yolo County Regional Conservation Investment Strategy/Local Conservation Plan and authorize its submission to the California Department of Fish & Wildlife for a completeness review. (No general fund impact) (Pogledich)

Minute Order 18-14: Approved recommended action.

MOVED BY: Provenza / SECONDED BY: Saylor
AYES: Saylor, Rexroad, Provenza, Chamberlain, Villegas.
NOES: None.
ABSTAIN: None.
ABSENT: None.


Financial Services

	30.	Receive staff report on redevelopment successor agency consolidation to a County Oversight Board and select Board of Supervisors member to the County Oversight Board. (No general fund impact) (Newens)

Minute Order No. 18-15: Received and filed summary report on the redevelopment successor agency consolidation to a single County Oversight Board and appointed Supervisor Rexroad to serve on the County Oversight Board.

MOVED BY: Saylor / SECONDED BY: Provenza
AYES: Saylor, Rexroad, Provenza, Chamberlain, Villegas.
NOES: None.
ABSTAIN: None.
ABSENT: None.


			31.	Receive and file the County's annual financial statements and auditor's report for fiscal year ended June 30, 2017. (No general fund impact) (Newens)

Received and filed the County's annual financial statements and auditor's report for fiscal year ended June 30, 2017.


			32.	Adopt the amended Donations Acceptance Policy and receive presentation on Yolo County Online Donations portal. (No general fund impact) (Newens)

Minute Order No. 18-16: Approved recommended action.

MOVED BY: Provenza / SECONDED BY: Rexroad
AYES: Saylor, Rexroad, Provenza, Chamberlain, Villegas.
NOES: None.
ABSTAIN: None.
ABSENT: None.


General Services

	33.	Consider approval of 2018 County Information Technology Framework, which includes emphasis on replacing the antiquated phone system, moving toward Office 365 and implementing a comprehensive, best-practice security program. (No general fund impact) (Yarris)

Minute Order No. 18-17: Approved recommended action.

MOVED BY: Rexroad / SECONDED BY: Saylor
AYES: Saylor, Rexroad, Provenza, Villegas.
NOES: Chamberlain.
ABSTAIN: None.
ABSENT: None.

CLOSED SESSION

Closed Session

34.

Conference with Legal Counsel – Existing Litigation
Pursuant to Government Code Section 54956.9(d)(1)
Name of case: Farmland Protection Alliance v. County of Yolo (Yolo Superior Court Case No. PT-16-1896)

35.

Conference with Legal Counsel – Existing Litigation
Pursuant to Government Code Section 54956.9(d)(1)
Name of case: Matter of California Department of Water Resources and United States Bureau of Reclamation Request for a Change in Point of Diversion for California Waterfix (California State Water Resources Control Board)

36.

Conference with Legal Counsel – Anticipated Litigation
Pursuant to Government Code Section 54956.9(d)(2)
Significant exposure to litigation: 1 case(s)

37.

Conference with Legal Counsel – Anticipated Litigation
Pursuant to Government Code Section 54956.9(d)(2) & (d)(4)
Significant exposure to litigation and/or initiation of litigation: 1 case(s)

38.

Public Report of action taken in Closed Session.

ADJOURNMENT

In memory of:

Cal De Knikker (Supervisor Rexroad)
Thomas Humphrey (Supervisor Rexroad)
Tansey Washington Thomas (Supervisor Provenza)
Marcella Harrison (Supervisor Provenza)

Next meeting scheduled for: February 6, 2018