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Submitted By  Meeting Date:Type   _Title___________________________________________  _Department________________  _Submitted For________________
Julie Dachtler 11/03/2020:BOS  Minutes  County Administrator
  Approve the minutes of the October 20, 2020 Board of Supervisors meeting.
  Approve the minutes of the October 20, 2020 Board of Supervisors meeting.
Julie Dachtler 11/03/2020:BOS  Ratify Resolutions  County Administrator
  Ratify the following:
 
  1. Resolution No. 20-122 honoring Yolo County Employees and Volunteers for their response to the current COVID-19 pandemic.
  Ratify resolutions.
Julie Dachtler 11/03/2020:BOS  Committee Memo  County Administrator
  Accept resignations, consider appointments and reappointments.
  A. Approve the following appointments:
  1. Susan King to the Knights Landing Community Service District for a term ending December 3, 2021.
  2. Rebecca Yeung to Reclamation District No. 1600 for a term ending December 1, 2023.
Julie Dachtler 11/03/2020:BOS  Correspondence  County Administrator
  Correspondence.
  Correspondence to the Board (Board may take action on any of the following)
  1. Email from Richard Williams regarding the intent to abandon County Road 25 east of County Road 103. (CAO, Comm. Svcs.)
  2. Copy of a letter to the Yolo Community Foundation advocating for more inclusion of the arts and cultural sector in the Yolo Community Foundation grantmaking process. (CAO)
  3. Email from Dino Gay demanding a polling place for the November 3rd Election.  (CAO, ACE)
  4. YEMSA 2019-20 Annual Report. (CAO)
  5. Email from Lauren Ayres providing Wireless Tech Hazards Solutions to reduce exposure to 5G. (CAO)
  6. Letter from Gardner, Janes, Nakken, Hugo & Nolan Law Firm on behalf of Reclamation District No. 1600 requesting the appointment of Rebecca Yeung. (CAO)
  7. Email from Denise Roraback voicing her concerns over the recent COVID-19 restrictions. (CAO, HHSA)
  8. Email from James Aleen complaining about the shutdowns in the county due to COVID-19. (CAO, HHSA)
  9. Emails from Karen Blomquist and Marilyn Schiffman regarding an increase in Crime in Davis. (CAO)
Invitations
  1. The Range Management Advisory Committee and the California Fire Science Consortium workshops series: Using Grazing to Help Keep Communities Safe.
  2. CSAC Institute – A bountiful Harvest of Classes This Fall.
Newsletters
  1. NACo – Coronavirus Pandemic Resources for Counties – October 15 and 22, 2020.
  2. NACo – There’s still time to register for NACo’s Virtual Federal Policy Summit on October 21-22, 2020.
  3. NACo – County News Now – October 20 and 27, 2020.
  4. NACo - Virtual Federal Policy Summit Watch the recording explore the highlights.
  5. NACo – Leadership in times of crisis.
  6. The CSAC Bulletin, October 15 and 22, 2020.
  7. Land-Based Learning News – October 2020.
  8. The Archives Ledger – Fall 2020.
Notices
  1. Fish and Game Commission notice of proposed emergency action regarding the Take of Western Joshua Tree.
  2. Sacramento-Yolo Mosquito & Vector Control District News Release regarding invasive mosquitoes.
Agendas
  1. Woodland City Council, October 20, 2020.
  2. Yolo County Commission on Aging & Adult Services, October 21, 2020.
  3. Committee on Capital Investments, October 22, 2020.
  4. Health Council, October 22, 2020.
  5. Valley Clean Energy Alliance Community Advisory Committee, October 22, 2020.
  6. Winters 2x2, October 22, 2020.
  7. YCPARMIA, October 22, 2020.
  8. YCAPARMIA Special Agenda – Closed Session, October 22, 2020.
  9. Local mental Health Board, October 26, 2020.
  10. Financial Oversight Committee, October 27, 2020.
  11. Water Quality Coordinating Committee, October 27 & 28, 2020.
  12. Yolo County Housing, October 28, 2020.
Minutes
  1. Yolo County Commission on Aging & Adult Services, September 16, 2020.
  2. Health Council, October 8, 2020.
Julie Dachtler 11/03/2020:BOS  AB 1234  County Administrator
  Conferences, meetings and events the Board of Supervisors attended.
  Where reimbursement is otherwise authorized by statute, members of a legislative body may be reimbursed for actual and necessary expenses incurred in the performance of official duties, provided that (1) the local agency has adopted a written reimbursement policy specifying the types of expenses that may be incurred, (2) expense reports and receipts are submitted, and (3) the members give a brief report on meetings attended at public expense at the next regular meeting of the local agency. (Gov. Code, §§ 53232 et seq.)

The following lists meetings attended by members of the Board of Supervisors since the posting of the last Board of Supervisors meeting agenda:

District 1, Oscar Villegas
None attended.

District 2, Don Saylor
None attended.

District 3, Gary Sandy
None attended.

District 4, Jim Provenza
None attended.

District 5, Duane Chamberlain
None attended.
Julie Dachtler 11/03/2020:BOS  Honorary Resolutions  County Administrator
  Acknowledge Honorary Resolutions.
 
  1. Resolution honoring Yolo County Employees and Volunteers for their response to the current COVID-19 pandemic. (Supervisor Sandy)
  Acknowledge Honorary Resolutions.
Julie Dachtler 11/03/2020:BOS  Board Reports  County Administrator
  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)
 
  1. Committee on Capital Investments update. (Supervisors Saylor and Sandy)
  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.
Julie Dachtler 11/03/2020:BOS  Long-Range Planning Calendar  County Administrator
  Long Range Planning Calendar - recurring opportunity for Board members to discuss and as needed, direct staff regarding future Board agenda items. (Board of Supervisors)
  This is an opportunity for Board members to discuss and as needed, direct staff regarding future Board agenda items.
Julie Dachtler 11/03/2020:BOS  CAO Report  County Administrator
  Action items and reports from the County Administrator. (Blacklock)
  Action items and reports from the County Admnistrator.
Karen Wood 11/03/2020:BOS  Emergency Solutions Grants COVID-19 Funding - Round 2  Health & Human Services
  Adopt a resolution authorizing the Yolo County Health and Human Services Agency to apply for and receive Round 2 funding from the California Department of Housing and Community Development under the Coronavirus Aid, Relief, and Economic Security Act through the Emergency Solutions Grants program to a maximum amount of $5,263,815 for the Davis, Woodland/Yolo County Continuum of Care for the period of January 21, 2020 through September 30, 2022, to prevent, prepare for, and respond to the COVID-19 pandemic. (No general fund impact) (Larsen)
 
  1. Adopt a resolution authorizing the Yolo County Health and Human Services Agency to apply for and receive Round 2 funding allocation from the California Department of Housing and Community Development under the Coronavirus Aid, Relief, and Economic Security Act through the Emergency Solutions Grants (“ESG-CV2”) program to a maximum amount of $5,263,815 for the Davis, Woodland/Yolo County Continuum of Care for the period of January 21, 2020 through September 30, 2022 to prevent, prepare for, and respond to the COVID-19 pandemic among individuals and families who are homeless or receiving homeless assistance and to support additional homeless assistance and homeless prevention activities to mitigate the impacts created by coronavirus;
     
  2. Authorize the Chair of the Yolo County Board of Supervisors, or designees, to act on behalf of the Davis, Woodland/Yolo County Continuum of Care in connection with the ESG-CV2 funding allocation (“Award”) and to enter into, execute, and deliver any and all documents required or deemed necessary or appropriate to be awarded Program funding, and any and all supplements and amendments thereto, to an Award maximum of $5,263,815; and
     
  3. Authorize the Director of HHSA, or designees, to prepare and sign any fiscal and program reports required under this Award.
 
Thriving Residents
  On March 27, 2020, in response to the COVID-19 pandemic, the US Congress passed the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act for states to prevent, prepare for, or respond to COVID-19.  In July 2020, the California Department of Housing and Community Development (“DHCD”) issued a Notice of Funding Availability (“NOFA”) for a first round of funding under the CARES Act through the Emergency Solutions Grants (“ESG”) Program (“Program”), which were referred to as ESG-CV funds, subsequently revised to ESG-CV1.  In October 2020, DHCD issued another NOFA for Round 2 of ESG-CV funding identified as ESG-CV2 funds.  

The NOFA for ESG-CV2 indicated an anticipated total Round 2 allocation amount of $4,763,815 for the Davis, Woodland/Yolo County Continuum of Care (“CoC”) for the period of January 21, 2020 through September 30, 2022.  DHCD recommended that the County seek approval for an ESG-CV2 allocation amount of at least $500,000 more than that identified in the NOFA.  In keeping with this guidance, County is seeking approval to apply for, and accept if approved by DHCD, ESG-CV2 funding to a maximum amount of $5,263,815 to allow for a potential increase in the initial Round 2 allocation, as well as subsequent amendments or supplemental allocations to the ESG-CV2 funding. 

The ESG-CV2 funds are awarded to eligible service providers for eligible activities in approved Continuum of Care (“CoC”) Services Areas in support of COVID-19 response activities.  The NOFA provides funding for the following objectives: 
  • Prevent, prepare for, and respond to coronavirus among individuals and families who are experiencing homelessness or receiving homeless assistance.
  • Support additional homeless assistance and homeless prevention activities to mitigate the impacts created by coronavirus
Eligible activities under ESG-CV2 funding include engaging individuals and families experiencing homelessness; improving the quality of emergency shelters for individuals and families experiencing homelessness by helping to operate these shelters, and providing essential services to shelter residents; rapidly re-housing individuals and families experiencing homelessness; and preventing families and individuals from becoming homeless.  

Staff recommends acceptance of the ESG-CV2 funding under the CARES Act for ongoing COVID-19 prevention, preparation, and response.
  County Counsel has approved the attached Board Resolution as to form.
Davis, Woodland/Yolo County Continuum of Care
  Not required for revenue agreements.
Karen Wood 11/03/2020:BOS  Transitional Housing Program Allocation – Round 2   Health & Human Services
  Adopt resolution authorizing the Yolo County Health and Human Services Agency to participate in and receive Transitional Housing Program – Round 2 funds from the California Department of Housing and Community Development to provide housing services and activities to target populations in the community. (No general fund impact) (Larsen)
 
  1. Adopt resolution authorizing the Yolo County Health and Human Services Agency to participate in and receive Transitional Housing Program (“THP”) Round 2 funds from the California Department of Housing and Community Development (“HCD”) to provide housing services and activities to target populations in the community; and
     
  2. Authorize the County Procurement Manager, or designee, to act on behalf of County in connection with the THP Round 2 allocation, currently $37,600, to a maximum of $60,000, for Fiscal Years 2021-23, and any and all amendments thereto.
 
Thriving Residents
  In February 2020, the Department of Housing and Community Development (“HCD”) issued allocation acceptance forms for Round 1 of funding under the Transitional Housing Program (“THP”).  Subsequently, in July 2020, HCD issued allocation acceptance forms for additional funding under Round 2 for the Transitional Housing Program.  As part of this process, HCD requires that County submit an application for Round 2 funding in the form of an Allocation Acceptance form, accompanied by a Board Resolution authorizing the County to apply for and accept this funding, as well as designating the signatory for the associated allocation award.
 
The purpose of the Transitional Housing Program is to provide housing services to target populations in the community as follows:
 
Funding under this program may be used to identify and assist with housing services for young adults from 18 to 25 years of age in the community to secure and maintain housing (with priority given to those in the state’s foster care or probation system); improve coordination of services and linkages to community resources within the child welfare system and the Homeless Continuum of Care; and provide engagement in outreach and targeting to serve those with the most severe needs.  Based on each county’s percentage of total statewide number of young adults aged 18-25 years in foster care, County is eligible to receive an allocation of approximately $37,600 for Fiscal Years 2021-23.
  County Counsel has approved this resolution as to form.
  Not required for revenue agreements.
Stephanie Cormier 11/03/2020:BOS  Nor-Cal Farming General Plan Amendment Request  Community Services
  Hold a public hearing to consider a request for authorization to further study a General Plan Amendment, Rezone, and Use Permit proposed by Heer Development to develop a truck stop near Zamora. (No general fund impact) (Echiburu/Cormier)
 
  1. Hold a public hearing and consider public comments on the request for authorization of a General Plan Amendment to change the land use designation on a 17.5-acre parcel from Agriculture (AG) to Commercial General (CG) to facilitate development of a truck stop; and
     
  2. Deny the request for authorization to further study the proposed General Plan Amendment for the reasons set forth in the staff report.
 
Flourishing Agriculture
Robust Economy
  Targeted Site
The 17.5-acre parcel that is the subject of the General Plan Amendment (GPA) authorization request is located just outside the growth boundary of Zamora (Assessor's Parcel Number 055-150-008).  The parcel is identified as a 'Targeted Future Agricultural Commercial Site' in Figure LU-2 of the Yolo County General Plan and anticipated for agricultural commercial development in Policy LU-2.2 of the Land Use and Community Character Element (Attachment B). For context, the below provides background relevant to staff's recommendation.

In August, 2010, the Planning Commission approved a Tentative Map that proposed to separate the subject 17.5 acres from the adjoining 371 acres in an effort to facilitate future agricultural commercial growth at the site in accordance with General Plan Policy LU-2.2 and Figure LU-2. The Board subsequently approved Parcel Map No. 4982 in January, 2011, which legally separated the parcel, and the 17.5 acres was later rezoned to the new Agricultural Commercial (A-C) Zone in 2014 upon the Board's adoption of the comprehensive Zoning Code Update. The environmental review for the 2014 Zoning Update indicated that the new A-C Zone would be applied to existing and planned commercial uses in the agricultural areas, which are defined as activities that are related, but incidental, to the primary agricultural use of the area.  

At the time Parcel Map No. 4982 was approved, the previous property owner had intended to develop the site as a Yolo Store or other agricultural commercial type of use that would showcase Yolo County's local agricultural bounty. A 'Yolo Store' is defined as a structure where a majority of the items offered for sale are primarily grown or manufactured in Yolo County, such as out-of-county bottled wines that are made from Yolo grapes or locally grown nursery products (Yolo County Code Section 8-2.307). The January 2011 Board letter prepared for approval of the Parcel Map stated that the 'convenient location to Interstate 5 and town of Zamora make the parcel an ideal site for future agricultural commercial development.' Refer to Attachment C for a copy of the Board packet and Parcel Map.

It is important to note that at the time of decision to approve the Parcel Map, creation of a 17.5-acre parcel in the now obsolete Agricultural General (A-1) Zone did not meet the minimum parcel size of 20 acres. However, given the unique circumstances surrounding the General Plan's targeted designation for and anticipated development of the 17.5-acre property, coupled with its location along the Interstate 5 corridor and proximity to Zamora and surrounding agricultural lands, the Board opted to implement Policy LU-2.2 in light of the pending Zoning Code Update that would include a new Agricultural Commercial Zone.

Proposed GPA
The proposed GPA seeks to amend the General Plan to change the land use designation on the subject 17.5-acre parcel from Agriculture (AG) to Commercial General (CG) to facilitate development of a truck stop. A subsequent Rezone from Agricultural Commercial (A-C) to Highway Services Commercial (C-H) and a Use Permit would also be required. Currently, truck stops, sales and service uses are only permitted in the C-H Zone.

General Plan Vision
Since its inception in 1850, Yolo County has remained dedicated to protecting and enhancing the farming economy. The Countywide General Plan includes such guiding principles as: The success of Yolo County depends upon the success of agriculture (2030 Countywide General Plan, Vision and Principles). Several objectives aimed at meeting this vision include active marketing of Yolo County agricultural products, tourism that showcases agricultural products, regional coordination and marketing to directly connect local growers with potential customers, and successful agricultural businesses. Thus, the Countywide General Plan embraces specific strategies outlined in the Land Use and Community Character Element to ensure opportunities for creating revenue-producing and job-producing agricultural commercial and industrial growth, in limited locations and along key transportation corridors, can be realized.

County Code Requirements for GPA
The General Plan states that requests for amendments by private parties are generally discouraged. Thus, Section 8-2.223(d) of the County Code requires that any General Plan Amendment proposed by a private party must first be authorized for further study by the Board of Supervisors. This authorization would not approve a GPA or other required permits, but is a preliminary step that allows the proposal to be environmentally evaluated and processed by the Department of Community Services.

As required, the proposal by Nor-Cal Farming (otherwise referred to as the Heer Development) was submitted to Community Services Planning staff as a Pre-Application, and much like any development application, Planning staff reviewed the submittal and solicited comments from appropriate Yolo County Departments and local agencies. Additionally, the applicant was asked to prepare a detailed statement identifying the reasons for the GPA authorization request demonstrating how the proposed GPA would further the vision and goals of the General Plan. Attached for the Board's consideration is the applicant's 'Justification Statement' (Attachment D).

The applicant also recently submitted an Economic Benefits Assessment that compares and contrasts the previously anticipated use, i.e., a Yolo Store, with the proposed truck stop use, which has been appended to Attachment D. Although not a required submittal, the Economic Assessment has been provided to assist with the Board's review of the GPA authorization request. Staff's analysis, however, focused primarily on the broader General Plan land use and policy considerations that are contained in this staff report.

Staff Review
After careful review of the Heer Development proposal and justification statement, staff recommends that the Board of Supervisors deny the request for authorization to further study the GPA request due to conflicts with General Plan Land Use Policy LU-2.2 and Figure 2.1 mentioned above and General Plan Agricultural Policy AG-1.5 that strongly discourages the conversion of agricultural land for other uses. Policy AG-1.5 states that, No lands shall be considered for redesignation from Agricultural or Open Space to another land use designation unless all of the following findings can be made:
 
A. There is a public need or net community benefit derived from the conversion of the land that outweighs the need to protect the land for long-term agricultural use.
B. There are no feasible alternative locations for the proposed project that are either designated for non-agricultural land uses or are less productive agricultural lands.
C. The use would not have a significant adverse effect on existing or potential agricultural activities on surrounding lands designated Agriculture.

Agency Review
The proposal was reviewed by several County divisions, including the Agricultural Commissioner, who opined that the parcel is rated as good farmland with a potential well installation.  The Environmental Health Division confirmed that the current property owner (applicant) was issued an approved permit for an irrigation well, but no drilling has occurred to date.  The Ag Commissioner further commented that the property was similar in nature to other parcels planted in trees along County Road 12, and that it is a viable agricultural parcel.  Conversely, the applicant, who also farms tree crops in other locations in Yolo County, has stated that due to shape and size constraints, the parcel would not be economically feasible to plant in tree crops, despite the good quality soils.

The Agricultural Commissioner recommended that, if the project were to move forward, agricultural mitigation would be required, and indicated that a water use analysis should be conducted to determine if the project would have a negative impact to ground water supplies given it is located in a subsidence area. Additionally, it was recommended that the project should be configured for buffers to adjacent orchards, adding that County Road 99W and adjacent railroad right-of-way could be included as part of the buffer.


Other County reviews include comments received from the Environmental Health and Public Works Divisions, which are included in Attachment E, along with Caltrans and the Central Valley Regional Water Quality Control Board comment letters.

Summary Conclusion

Exhibit 1 has been prepared to identify existing locations along the I-5 corridor that are currently vacant and/or under utilized, are already designated for non-agricultural uses, and, more particularly, are zoned for highway services commercial uses.  Due to the availability of undeveloped and vacant land already zoned C-H along the  I-5 corridor, staff does not believe the request would further the vision and goals of the Countywide General Plan or provide a community benefit that would outweigh the need to protect the land as a future targeted commercial/industrial agricultural site. Therefore, staff recommends denying the GPA authorization request. 

Alternatively, The Board of Supervisors could consider a Rezone to Agricultural Industrial (A-I), if the Board determined that a more intensive agricultural support use could benefit from the location and surrounding agricultural community to further the economic viability of the site. The Agricultural Industrial Zone would retain the Agricultural land use designation and still fulfill General Plan policy considerations in the Land Use/Community Character and Agricultural/Economic Development Elements, and remain consistent with the Board's decision to approve Parcel Map No. 4982.

The A-I Zone allows for regionally-serving product processing or ag-related research based facilities, as well as warehousing, transportation facilities, crop dusting, agricultural chemical and equipment sales, and other ag related industries on parcels that are typically not as suitable for growing crops. Of course, the property could also be planted to crops. Unlike the Agricultural Intensive (A-N) and Agricultural Extensive (A-X) Zones, home site development is not an allowed use in the A-C or A-I Zones, with the exception of caretaker residences (requires a Use Permit), farm worker housing (Use Permit in the A-I Zone), and group/care homes. The A-I Zone does not allow for the development of a truck stop.

  As indicated previously, the proposal was routed for Agency comments, which were received by the Office of the Agricultural Commissioner, the Environmental Health and Public Works Divisions within the Department of Community Services, and Caltrans and the Regional Water Quality Control Board.
Julie Dachtler 11/03/2020:BOS  Receive update on COVID-19  County Administrator
  Receive update and consider any actions needed to support the COVID-19, a virus in the Coronavirus family, response and recovery strategies. (No general fund impact) (Blacklock)
  Receive update and consider any actions needed to support the COVID-19, a virus in the Coronavirus family, response and recovery strategies.
 
Thriving Residents
  Receive updates on the COVID-19, a virus in the Coronavirus family, response strategy.
 
  • Health Officer/Public Health
  • Health Care System
  • Covid Response Operations Center (C-ROC)
  • Legislative
  • Community Support
  • Recovery
  • Board Actions 
  Many agencies.
Kimberly Villa 11/03/2020:BOS  Initiate Prop 218 Proceedings for El Macero CSA  Community Services
  Authorize staff to initiate El Macero County Service Area Proposition 218 proceedings for increase of street assessment. (No general fund impact) (Echiburu/Villa)
 
  1. Authorize staff to initiate proceedings to consider increase in the street assessment for the El Macero County Service Area (CSA);
     
  2. Direct staff to mail notice of the public hearing to consider proposed assessment changes for services to property owners in the El Macero CSA at least 45 days before the public hearing, including notification of the process to support or oppose the increased assessment;
     
  3. Direct staff to set the time and date of the public hearing to consider the proposed assessment changes and to receive and consider all public comment, and written votes on the proposed assessment changes; and
     
  4. Direct staff to prepare resolutions adopting and levying the modified street maintenance assessment for the El Macero CSA in the event the assessment changes are approved.
 
Safe Communities
 

The El Macero CSA  levies an annual street assessment to provide a source of funding for a higher level of public streets services in El Macero that the CSA would not otherwise be able to fund.

The current El Macero street charge of $180 was set in 1994.  At this time, the current $180 charge provides the CSA funds only adequate to provide landscaping and street sweeping services, which costs have increased over the years.  The current amount will not be sufficient to continue to  maintain the higher level of pavement condition that El Macero CSA desires, and requests treatment no less than every 5 to 10 years.

Proposition 218, which was approved by the voters in 1996, implemented substantive and procedural requirements for new and increased assessments.  The current assessment was grandfathered by Prop. 218, but any increase must comply with Prop. 218's requirements, including the need for an engineer's report documenting the basis for the increased assessment.  County Staff and the CSA Advisory Committee have worked together to finalize the 2020 Engineer's report for El Macero Road Maintenance and Landscaping Assessment (Att A).  Based on the engineer's report, the the proposed new annual assessment of $450.48 per residential property, and $6,892.20 for the El Macero Country Club.

A letter was sent to all property owners notifying them of this recommended action and next steps.  With the initiation of Prop 218 proceedings, by November 6, 2020, a mailing will go to all property owners outlining the new assessment and providing the process and timeline for property owners to submit ballots to support or oppose the new assessment.  The mailing will also include a ballot and notice of the public hearing on the matter which is currently scheduled to be held at the Board of Supervisors meeting on January 12, 2021 at 9:00 am.  If the Prop 218 proceedings are successful (i.e. less than a majority of returned ballots protest the assessment) the increased assessment will be collected on the property tax bill beginning the 2021-2022 tax year. 

Additionally, discussion of the new assessment will be on the agenda for the next CSA Advisory Committee meeting, scheduled for November 19. 
  County Counsel, Public Works, CSA Advisory Board
Kimberly Mayfield 11/03/2020:BOS  Third Amendment to Agreement #18-71 with CommuniCare Health Centers, Inc. Prop 47  Health & Human Services
 
Approve third amendment to Agreement No. 18-71 with CommuniCare Health Centers, Inc. to increase funding in the amount of $84,000 for 2020-21 and $15,101.20 for 2021-22 for the period of April 1, 2018 through August 15, 2021 for the provision of outreach, case management, and treatment services for clients in the Proposition 47, Steps to Success program. (No general fund impact) (Larsen)
 
Approve third amendment to Agreement No. 18-71 with CommuniCare Health Centers, Inc. to increase funding in the amount of $84,000 for 2020-21 and $15,101.20 for 2021-22 for the period of April 1, 2018 through August 15, 2021 for the provision of outreach, case management, and treatment services for clients in the Proposition 47, Steps to Success program.
 
Thriving Residents
Safe Communities
 
In November 2016, the California Board of State and Community Corrections (BSCC) released a Request for Proposals (RFP) soliciting applications for funding to offer criminal justice diversion opportunities coupled with mental health and substance use treatment for people involved with the criminal justice system.

On January 24, 2017, the Board of Supervisors adopted a resolution authorizing HHSA to submit a grant proposal for Proposition 47 grant funds; receive and administer the funds to expand the existing diversion programs in Yolo County; and provide intensive case management and treatment, civil legal assistance and permanent housing assistance services.

On June 8, 2017, the BSCC awarded HHSA $5,968,215 in funding for the proposed project – Steps to Success. 

Steps to Success is a significant expansion to Yolo County’s existing continuum of criminal justice diversion programs. Specifically, the project applies the principles of restorative justice and trauma-informed care to provide wraparound services to individuals that are eligible for a diversion program, but are unlikely to succeed without intensive supports due to their history and current issues with mental health and/or substance use disorders. The project proposes to reduce recidivism and advance the recovery of people in this target population.

Approval of this amendment allows CommuniCare Health Centers, Inc. to meet the data reporting requirements of its contract with the County as specified by the BSCC.

Performance measures were included in Agreement No. 18-71 and are not being changed by this amendment.
  County Counsel has approved this Agreement as to form.
Proposition 47 Local Advisory Committee
County Administrator’s Office
Probation
District Attorney’s Office
Public Defender
 
On September 5, 2017, Yolo County Health and Human Services Agency (HHSA) issued a RFP from qualified community based organizations to provide Outreach & Assessment; and Intensive Case Management & Treatment and Housing Assistance. HHSA received one proposal from this solicitation, from the Sacramento County Office of Education (“SCOE”).  However, after further examination, it was determined that SCOE did not meet the State’s mandatory criteria as a community-based organization and therefore was disqualified from receiving this funding. 

Ultimately, a committee was formed to determine the best course of action for the project and to identify potential providers. The committee consisted of representatives from the County Administrator’s Office, Health and Human Services Agency, District Attorney’s Office, Public Defender’s Office, and Probation. The committee met on February 16, 2018, on February 27, 2018 and again on June 7, 2018. 
 
Although CommuniCare Health Centers, Inc. did not submit a proposal in response to the RFP, they were identified in SCOE’s proposal as a subcontractor that would perform a portion of the work.  CommuniCare Health Centers, Inc. was also identified by the committee as the contractor qualified to successfully provide these services for this portion of the RFP.  HHSA and CommuniCare Health Centers, Inc. subsequently negotiated the final terms and conditions relating to these services. Although an RFP was conducted, there were no proposers other than SCOE who was disqualified.  Based on the committee’s decision, HHSA prepared a sole source letter, which the Procurement Department processed and approved.
Jeff Kieffer 11/03/2020:BOS  Change Orders for Closure of Waste Managment Units 4 and 5 at the Landfill and budget resolution approval  Community Services
  Approve change orders for closure of Waste Management Units 4 and 5 at the landfill and adopt a budget resolution increasing the Department of Community Services Budget by $1,400,000. (No general fund impact) (4/5 vote required) (Echiburu/Kieffer)
 
  1. Adopt a finding that the competitive bidding for the work described in Contract Change Orders 20-22 for the Closure of Waste Management Units 4&5 ($32,586.57) would have been unavailing, impractical, and would not have produced any public advantage;
     
  2. Approve Change Orders 20-22 for work associated with the closure of Waste Management Units 4 and 5 at the landfill;
     
  3. Authorize the Director of the Division of Integrated Waste Management to sign the change orders; and
     
  4. Adopt a budget resolution increasing the Department of community Services Budget by $1,400,000 (for a total appropriation of $31,043.510) to fund construction of the Closure of Waste Management Units 4&5 at the Yolo County Central Landfill.
 
Sustainable Environment
  General standards for all waste management units require the owner of a landfill to close each landfill cell following completion of waste placement.  The Board approved the agreement with RJ Gordon Construction Inc. (RJ Gordon) on April 23, 2019 and closure construction activities began in the summer of 2019 and continued until wet weather suspended activities.  Construction resumed this spring with activities nearing completion. 

During preparation of the Fiscal Year 2020-2021 budget it was anticipated that the majority of the work would be complete by June 2020, thus only $500,000 was budgeted this fiscal year to complete the project.  Less progress (and correspondingly fewer funds expended) was made on the project last fiscal year so a budget resolution is necessary to increase this fiscal years budget.  The attached budget resolution provides for an increase of $1,400,000.  The anticipated total expenditures for this project are approximately 6.3 million dollars and includes construction, as well as construction inspection and oversight costs.  Of that, approximately 5.4 million dollars is from the landfill closure fund for Waste Management Units 4&5.  The remaining funds will be from the Sanitation Enterprise Fund.

Several factors contributed to the necessary budget increase for this project.  They include increased extra work due to unanticipated difficulties encountered during construction and quantity increases on numerous bid items, including soil, geocomposite, toe drain and drainage piping to accommodate actual field conditions.

At the April 23, 2019 meeting the Board authorized the Director of the Division of Integrated Waste Management (Director) to approve all change orders up to the maximum allowable under state law.  In the case of this project, the maximum allowable is $248,412.50.  A number of unanticipated issues arose during construction activities which resulted in the Director approving change orders totaling $248,053.35, thus reaching his limit.  Previous Board action at the July 21st and August 4th meetings approved change orders 9-11 and 13-16, with a total cost of $154,086.  Approval of Change Orders 20 through 22 will bring the total change order amount for the project to $434,726.

Change Order 20 represents work to improve site drainage and modifications necessary due to unanticipated existing conditions.  Change Order 21 represents work related to the landfill gas extraction system.  Change Order 21 includes site drainage modifications as well as landfill gas collection work.
  The division has worked with both the California Department of Resource, Recycling and Recovery (CalRecycle) and the California Regional Water Quality Control Board on the closure of Waste Management Units 4 and 5.

The division has collaborated with County Counsel on the budget resolution.
  Bids Received
 
Bidder Bid
RJ Gordon Construction $4,718,250.00
Teichert construction Inc. $4,923,800.00
Anderson Dragline Inc. $5,434,780.00
Nichelini General Engineering Inc. $5,560,420.50
Gooodfellow Brothers Inc. $7,298,765.00

 
Chad Rinde 11/03/2020:BOS  AB1869 Criminal Justice Fees  Financial Services
  Receive update on impacts of Assembly Bill 1869 Legislation; authorize Probation, Public Defender, Sheriff, and Financial Services to cease charging and collection of repealed fees; and authorize Financial Services to discharge outstanding debts related to these specified Criminal Justice Fees. (General fund impact $381,199) (Rinde/Burnham)
 
  1. Receive and accept presentation on AB1869 legislation;
     
  2. Authorize Financial Services, Probation, Public Defender, and Sheriff to cease charging and collection of fees contained in AB1869 effective November 3, 2020;
     
  3. Direct Financial Services to repeal fees formally as part of the December, 2020 Master fee update process; and
     
  4. Direct Financial Services to discharge accountability for fees repealed by AB1869 starting November 3, 2020 and return to the Board with a report of total completed discharges. 
 
Thriving Residents
Safe Communities
  AB1869 Background
On September 18, 2020, Governor Gavin Newsom signed Assembly Bill (AB) 1869 into law. This bill repeals the authority of Counties through 23 different code provisions which allow for the charging and collection of a variety of Criminal Justice fees in the Probation, Public Defender and Sheriff offices. This is part of a broader trend in the state of California of legislative efforts to reduce or eliminate criminal justice fees which rely on academic studies demonstrating that these fees can be counter-productive and disproportionately affect lower-income households. 

This repeal in AB1869 was set in law to become effective on July 1, 2021 and will also at that time require the County to discharge uncollected fees associated with these same fee provisions. AB1869 does not  impact Victim Restitution that is owed by defendants and ordered by the Court. 

A list of fees that will be repealed (and are currently charged by Yolo County) are listed below:
 
Department Fee Name Code Sections Old Fee Amount New Fee 
Public Defender Adult Registration Fee PC987.5 $50 $0
Public Defender Legal Defense - Adult Specialty Court PC987.8 $125 $0
Public Defender Legal Services, Adult, Post Judgment PC987.8 $125 $0
Public Defender Legal Services, Adult Felony, settle after Preliminary Hearing PC987.8 $350 $0
Public Defender Legal Services, Adult Felony, settle before Preliminary Hearing PC987.8 $175 $0
Public Defender Legal Services, Adult Misdemeanor, settle after Trial Conference PC987.8 $275 $0
Public Defender Legal Services, Adult Misdemeanor, settle before Trial Conference PC987.8 $150 $0
Probation Adult Probation Supervision Fee PC1203.1b $30 per month $0
Probation Global Positioning System Fee PC1203.016 $18 per day $0
Probation Intercounty Compact Transfers PC1203.1b $243 each $0
Probation Interstate Compact Transfers PC1203.1b $243 each $0
Probation Pre-Sentence Investigation Reports PC1203.1b $794 per report $0
Probation Work program participation fee PC4024.3, PC1208.2 $340 $0
Sheriff Electronic Surveillance program (15 days or less to serve) PC1208.2 $175 $0
Sheriff Electronic Surveillance program (16 days or more) PC1208.2 $18 per day $0
Sheriff Electronic Surveillance Program Application PC1208.2 $70 per application $0
Sheriff Jail Booking Fee GC29550 $154.48 per arrestee $0
Sheriff Sheriff Working Inmate Program (SWIP) Application PC1208.2 $45 per application $0

Based on the legislation, the County could continue to charge these fees to defendants, probationers, or arrestees until June 30, 2021 but then at that time would no longer have the authority to collect and be required to discharge past obligations from these fees. However, based on discussion with the Sheriff, Probation Chief, Public Defender, and Chief Financial Officer, an accelerated implementation may be prudent for a variety of reasons as explained below. 
  • Low collection rate - Currently, depending on the fee, collection rates are ordinarily in the 10-20% range and could be lower than usual as this law will require any uncollected amounts to be discharged on July 1, 2021. 
  • Staff transition - The time between now and July 1, 2021 could be spent with continuing to assess and attempt to collect fees or in an effort to facilitate change to systems and staff duties who formerly worked on fee collection to more value added activities. It seems more sensible to take the later approach and begin this transition earlier. 
  • Public benefit - There would likely be a benefit to citizens in the County being proactive in implementing the legislation and relieving them of the burden of these criminal justice fees in line with the spirit of AB1869.  
Fiscal Analysis
Though there are benefits to early implementation of this bill, there is also a financial cost associated with it. In AB1869, it provided for beginning in fiscal year 2021-22, a backfill statewide of $65 million of revenue impacts to Counties which may mitigate the ongoing impact. However, there is currently not a prescribed method for the apportionment of that backfill. An early implementation in fiscal year 2020-21 would mean approximately 8 months of lower fee collection for the County. Based on prior year collections, this impact is estimated to be approximately: 
 
Department FY2020-21 Impact
Financial Services $104,333
Probation $220,200
Public Defender $6,666
Sheriff $50,000
Total $381,199

The fiscal impact of this reduction would be requested to be managed in each departments’ respective budget. Recognizing that departments have already made reductions associated with the impacts of COVID-19, should a department not be able to manage the revenue reduction within their budget, County Financial Services staff would look at 3rd or 4th quarter budget monitoring to recommend appropriating a portion of the Public Safety Contingency to support any shortfall that materializes directly related to this item. 

Discharge of Accountability
County staff have not yet had an opportunity to perform or assemble a full analysis of delinquent accounts that may be eligible for discharge. However, based on summary reporting information available currently, this amount is expected to be in the range of $6-8 million. 

Recommendation
County staff are thus recommending that the Board take the following actions should they be supportive of an early implementation of AB1869. Should the Board not accept staff’s recommendation, the implementation would occur still by July 1, 2021 as required by law.
 
1) Authorize Financial Services, Probation, Public Defender, and Sheriff to cease charging and collection of fees contained in AB1869 effective November 3, 2020.
2) Direct Financial Services to formally repeal fees as part of the December, 2020 Master fee update process.
3) Direct Financial Services to discharge accountability for fees repealed by AB1869 starting November 3, 2020 and return to the Board with a summary report of completed discharges. 
  The Department of Financial Services collaborated with the Probation, Public Defender, Sheriff and County Administrator's Office on this item. 
  Not applicable. 
Carolyn Jhajj 11/03/2020:BOS  Child Support Services Regionalization  County Administrator
  Consider the recommendation of the County Administrators of Colusa, Sutter and Yolo counties to regionalize and integrate the Colusa, Sutter and Yolo County local child support agencies into one regional child support agency effective January 2, 2021. (No general fund impact) (Dillon)
 
  1. Sign the Memorandum of Understanding between Colusa, Sutter, and Yolo counties regionalizing the three local child support agencies (LCSA); and
     
  2. Request the Chair add assignment to the Child Support Leadership Advisory Committee for 2021.
 
Thriving Residents
  Guiding Principles
In early 2019, executives from the three counties created Guiding Principles to frame the exploration of regionalizing the Colusa, Sutter and Yolo Departments of Child Support Services. After review of the Guiding Principles with the three unions in May 2019, they were edited slightly, becoming parameters for future discussions and decisions. The Guiding Principles were provided to and reviewed with the staff of the three agencies in July 2019. The Guiding Principles are:
  1. There shall be no layoffs of represented employees resulting from regionalization. 
  2. There shall be a physical presence in all three counties.
  3. Yolo County is the lead agency for the region.
  4. Existing Sutter and Colusa County child support employees will have choice through [date TBD] whether they remain an employee of their current county employer or become an employee of Yolo County.  All new hires and promotional hires, as of [date TBD], will be Yolo County employees.  Commencing the first pay period following [date TBD], all Sutter and Colusa employees assigned to child support will become employees of Yolo County and will be assigned to the regional child support agency. 
  5. Employees shall retain seniority based on service date.
  6. Management rights shall be governed by the employer of record.
  7. Decisions should result in increased efficiency and improved delivery of services; improved customer service.
  8. Employees shall be oriented to the expectations of the regional child support agency and will receive ongoing training to enable them to perform all duties necessary to fulfill the tasks and functions of their jobs.
  9. The regional model supports integration of the child support structure and operations in areas including but not limited to, workforce, caseload and allocation.
  10. The organizational structure of the regional agency is accountable to all three Boards of Supervisors and County Administrative Officers.
  11. Decisions should be cost effective; fully reimbursable through the state allocation.
  12. The regional child support agency reserves the right to develop, implement and oversee any program improvement and operational changes.
  13. Travel between offices of the regional child support agency or to other business required locations during regular business hours will be by use of an agency vehicle when possible.  When an agency vehicle is not available, mileage will be reimbursed for personal vehicle use per the agency travel policy. 
 
Operational Assessment
We contracted with the Center for Support of Families (CSF) for an Operational Assessment of the three LCSA’s and for a recommendation as to whether the three agencies should regionalize. CSF understood that it was equally important to not directly replicate other regionalized efforts but rather approach this assessment objectively, recognizing the unique attributes of each county that have developed to serve their specific communities in partnership with judicial and other agencies and stakeholders. The CSF Operational Assessment presents a comprehensive set of interrelated recommendations that provide the blueprint for a single, efficient, and effective regional child support agency. CSF assessment states, “Underpinning the recommendations in this report is our foundational belief that the Colusa, Sutter, and Yolo LCSAs combine to become a single, regionalized entity that provides child support services to children and families in Colusa, Sutter, and Yolo Counties.” The CSF Final Report was provided to the Board in June 2020.


Labor
After the June 2020 Board of Supervisors presentation, the three counties began the meet and confer process. While meet and confer continues, Colusa and Sutter employees have stated they support regionalization but have not supported the concept of joining Yolo County as employees. In addition to the tenants in the guiding principles it was important from all three counties perspectives that employees not lose any salary during the transition to Yolo County and that they would transition into the step at Yolo County that most closely approximates their current salary without resulting in a reduction in pay.  Each Sutter and Colusa Child Support employee received a paycheck comparison that compares gross and net pay, with detailed income and expenses, between Colusa/Sutter and Yolo. Each Sutter and Colusa Child Support employee also received a tri county benefits comparison. The Assistant Director for Yolo County HR made herself personally available to all Colusa/Sutter child support employees to schedule personal meetings to answer individualized benefits questions.
 
The transition period for current Colusa and Sutter child support employees to become Yolo employees as defined in the proposed MOU commences January 2, 2021, when the administrative functions of each LCSA are consolidated with and managed by Yolo. The employees of Colusa and Sutter LCSAs shall each have a choice to remain an employee of their respective county or to request to become an employee of Yolo through the final pay period of calendar year 2023. After the initial transition effective January 2, 2021, employees will have the option to transition every six months during the three-year window.
  
Prior Board of Supervisors presentations (specific dates vary slightly by county)
January 15, 2019   Consider Exploration of Regionalization
March 26, 2019   Interim Director MOU
September 24, 2019  Contracting for Operational Assessment
November 5, 2019 Interim Lead Attorney MOU between Sutter and Yolo
January 28, 2020 Regionalization Update & Extend Interim Director MOU
June 26, 2020 Report on the Final Report from CSF
November 3, 2020 Recommend regionalization

Approval of the MOU creating the Colusa, Sutter, and Yolo Regional Child Support Agency makes obsolete the following existing agreements:
  • MOU for Yolo County to provide Interim Director services to Sutter and Colusa counties
  • MOU for Yolo County to provide attorney supervision and lead attorney services for Sutter County
  • MOUs for shared services for fiscal work and COAP (Compromise of Arrears Program) eligibility between Yolo and Colusa Counties
 
Timeline
November 2020 Colusa and Sutter Child Support employees interested in transitioning to Yolo effective January 2021 notify Yolo HR
January 2021 Commence the Colusa, Sutter and Yolo Regional Child Support Agency
January – June 2021 Transfer assets of Colusa and Sutter Child Support Agencies to the Regional Agency
January – June 2021 Yolo to invoice Colusa and Sutter for any costs associated with transitioned employees
January – September 2021   Finalize organizational structure, make policy and procedure decisions for Regional Agency, and train staff
June 2021 Second opportunity for Colusa and Sutter staff to express interest in transitioning to Yolo effective July 2021
July 2021  Yolo to receive the regional child support allocation from the California Department of Child Support Services
July 2021 – December 2023               December 2023  Colusa and Sutter Counties to invoice Yolo for costs associated with non transitioned employees
October 2021       Integrate child support caseload (concurrently with the start of the Federal Fiscal Year)
 
  Colusa and Sutter counties and the California Department of Child Support Services (DCSS)
Phil Pogledich 11/03/2020:BOS  Joint Defense Agreement--DWR Validation Action  County Counsel
  Authorize the County Counsel to sign legal services agreements and a joint defense agreement relating to a validation action involving financing for the Delta Conveyance Project (California Department of Water Resources v. All Persons Interested in the Matter, etc.,Sacramento County Superior Court Case No. 34-2020-00283112). (No general fund impact) (Pogledich)
  Authorize the County Counsel to sign legal services agreements and a joint defense agreement relating to a validation action involving financing for the Delta Conveyance Project.
 

Sustainable Environment
Flourishing Agriculture
 
  On October 6, 2020, the Board of Supervisors approved County participation in a validation filed by the California Department of Water Resources (DWR) concerning revenue bond financing and other matters pertaining to the Delta Conveyance Project (DCP).  The DCP is an undefined project of unknown cost that is currently in an early stage of environmental review.  It is clear, however, that the DCP will include new intakes, tunnels and other new State Water Project (SWP) facilities for conveying water from the Delta to other regions served by the SWP.  As described in the DWR validation complaint, the state intends to fund planning and construction of the project by issuing revenue bonds, increasing SWP service charges, and potentially (in the judgment of some attorneys following the DCP closely) increasing property taxes within the SWP service territory.  

The County will participate in this action jointly with five other counties:  Contra Costa, Solano, San Joaquin, Plumas, and Butte.  Through their participation, the counties have an opportunity to oppose DWR's request for judicial approval (in effect) of its financing strategy for the DCP.  Each county will share an equal (1/6) portion of the costs of representation by the Freeman Firm and the Law Offices of Roger B. Moore, selected to represent the counties for their expertise in validation proceedings and Delta water matters.  The attached agreements effectuate this arrangement, with a joint defense agreement that establishes the collaborative relationship between the counties and separate legal services agreements with the two firms.  These agreements are still in draft form, but no substantive changes are expected prior to execution.
  Contra Costa, Solano, San Joaquin, Butte and Plumas Counties.
  Not applicable to contracts for legal services.
Selena Hobbs 11/03/2020:BOS  Approve Extension of Off Highway Vehicle Education and Safety and Law Enforcement Grants  Sheriff-Coroner
  Approve first amendment to Agreement Nos. 20-31 and 20-32, Off-Highway Vehicle (OHV) Education and Safety, and Law Enforcement Grant agreements between the Sheriff’s Office and the California State Department of Parks and Recreation extending the project performance periods through December 31, 2020. (No general fund impact) (Lopez/Johnson)
  Approve first amendment to Agreement Nos. 20-31 and 20-32, Off-Highway Vehicle (OHV) Education and Safety, and Law Enforcement Grant agreements between the Sheriff’s Office and the California State Department of Parks and Recreation extending the project performance periods through December 31, 2020.
 
Safe Communities
  Since fiscal year 2009-10, the Sheriff’s Office has received Off Highway Vehicle Grant funding from the State to increase patrol on public and private lands around Cache Creek and regions of habitat restoration due to the ongoing trespassing issues between OHV riders and Yolo County land owners.  The Sheriff’s Office has continued to receive State grant funding through the subsequent fiscal years, which has allowed the Sheriff’s Office to augment overtime, purchase equipment and other resources, and attend specific trainings to help establish an OHV enforcement team. The Sheriff’s Office OHV team also provides public outreach and educational opportunities to the citizens of Yolo County who wish to learn more about OHV programs and recreation.
 
On March 10, 2020, the Board of Supervisors approved the fiscal year 2019-20 OHV Education and Safety Grant Agreement (Agreement No. 20-31). The Sheriff’s Office received $30,466 in OHV Education and Safety grant funds to purchase two ATVs, rescue litters, and trailers to be used for extrications during search and rescue missions.  A 35% match of $10,704 was required, which was met with the annual OHV contribution from the Natural Resources Division and in-kind funds already in the Sheriff’s Office Patrol budget.
 
On March 10, 2020, the Board of Supervisors also approved the fiscal year 2019-20 OHV Law Enforcement Grant Agreement (Agreement No. 20-32). The Sheriff’s Office received $120,358 in OHV Law Enforcement grant funds to purchase a vehicle, safety gear, helmets and fund patrol operations. A 25% match of $40,119 was required, which was met with $28,102 of In-Lieu Gas Tax Funds. The remaining $12,017 was met with in-kind match of already budgeted administrative staff time.
 
These grants had performance periods extending from December 1, 2019 through November 30, 2020.  While OHV recreation sites remained open during COVID-19 quarantine restrictions, social distancing requirements impacted the OHV team members’ ability to patrol. In addition, COVID-19 has impacted the Sheriff’s Office ability to purchase and receive all of the grant deliverables by the November 30, 2020 deadline.  On October 1, 2020, the Sheriff’s Office requested to amend the grants by extending the performance period to December 31, 2020 in order to fully expend the grant funds.  Board of Supervisor approval is now requested for the Amendments.
  County Counsel has approved the attached grant amendments.  Purchasing has assisted with the acquisition of fixed assets.
  The competitive bid process does not apply to this Agenda item.
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