BEFORE THE BOARD OF SUPERVISORS COUNTY OF SUTTER, STATE OF CALIFORNIA SESSION OF OCTOBER 24, 2017

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1 BEFORE THE BOARD OF SUPERVISORS COUNTY OF SUTTER, STATE OF CALIFORNIA SESSION OF The Board of Supervisors of the County of Sutter, State of California, met on the above date at 3:00 p.m. in Regular Session in the Board of Supervisors Chambers located in the Hall of Records Building at 466 Second Street, Yuba City, California. MEMBERS PRESENT: Supervisors Ron Sullenger, Dan Flores, Larry Munger, Jim Whiteaker and Mat Conant MEMBERS ABSENT: None STAFF PRESENT: Scott Mitnick, County Administrative Officer; Jean Jordan; County Counsel; and Alicia Draves, Deputy Clerk of the Board REGULAR SESSION Chairman Whiteaker called the meeting to order at 3:00 p.m. ROLL CALL The Board Clerk called the roll of the Board, and attendance is shown above. PLEDGE OF ALLEGIANCE TO THE FLAG Chairman Whiteaker led the Board and the audience in the Pledge of Allegiance to the Flag. INVOCATION Pastor Drew Berlfien, Glad Tidings Church, led the Board and the audience in an invocation. BOOK 3-O, PAGE 175

2 SPECIAL PRESENTATIONS AND ANNOUNCEMENTS Chairman Whiteaker presented Lisa Bush, Management Assistant to the County Administrative Officer, with a Service Award in recognition of 10-years of service to Sutter County. Chairman Whiteaker presented Neal Hay, Interim Director of Development Services, with a Service Award in recognition of 10-years of service to Sutter County. PUBLIC COMMENT A resident spoke about the current situation with sanctuary jurisdictions. CONSENT CALENDAR On motion of Supervisor Munger, seconded by Supervisor Flores and carried as follows: AYES: Supervisors Sullenger, Flores, Munger, Whiteaker and Conant; NOES: None; the Board approved the Consent Calendar as follows: Board of Supervisors 1) Authorization to prepare a proclamation declaring October 30, 2017 through November 5, 2017 Sri Guru Granth Sahib Week. Clerk of the Board 2) Approval of the Minutes of the October 10, 2017, Regular Meeting and October 12, 2017, Special Meeting. Development Services 3) Approval of a sole source procurement of a Hydratrek Amphibious Rescue Vehicle and specialized trailer. 4) Approval to purchase a replacement Fire Chief Command Vehicle due to the unexpected mechanical failure of the current Fire Command Vehicle and approval of an amendment to the Fiscal Year Adopted Budget (4/5 vote required) (FT ). 5) Acceptance of public improvements for Acacia Business Park; authorization for the developer to file a Notice of Completion and direct the Interim Director of Development Services to release the performance and labor and materials security when the developer provides a $5,000 warranty bond in accordance with the subdivision agreement. 6) REMOVED FOR DISCUSSION: Approval of a Letter of Support to obtain Proposition 1 Grant funding for planning efforts for a Groundwater Sustainability Plan and approval of a Memorandum of Agreement with Natomas Central Mutual Water Company for cooperative approach for the North American Subbasin. 7) Approval of a first amendment to the Professional Services Agreement (A17-174) on the Pennington Road Bridge Replacement Project; authorization for Change Order Authority for BOOK 3-O, PAGE 176

3 the Interim Director of Development Services in accordance with Public Contract Code; and approval of an amendment to the Fiscal Year Adopted Budget (4/5 vote required) (FT ). District Attorney 8) Authorization to prepare a Gold Resolution for Sheri Roben, Legal Secretary III, upon the occasion of her retirement from Sutter County. General Services 9) Approval of a waiver of Veterans Memorial Community Building Rental Fees for the Marysville Joint Unified School District Education Foundation. Health and Human Services Administration 10) Approval to designate the Administration and Finance Manager for Health and Human Services as the County Privacy Officer effective September 30, Health and Human Services Behavioral Health Division 11) Authorization to prepare a Gold Resolution for Donna M. Thompson, Medical Fiscal Manager, upon the occasion of her retirement from Sutter County. 12) Approval of an amendment to the Community Service Agreement (A17-175) with Casa Pacifica Centers for Children and Families for the provision of level 14 residential care for children and adolescents for Fiscal Years ) REMOVED FOR DISCUSSION: Approval of a Memorandum of Understanding with Fremont- Rideout Health Group for Fiscal Years ) Approval of an agreement (A17-177) with Merced Behavioral Center for the provision of Mental Health and Rehabilitation Center and Institution for Mental Disease Services for Fiscal Years ) Approval of a Short-Doyle Services Agreement (A17-178) with Bakersfield Behavioral Healthcare Hospital for the provision of inpatient services for Fiscal Years ) Approval of a Managed Care Agreement (A17-179) with Bakersfield Behavioral Healthcare Hospital for the provision of inpatient services for Fiscal Years Health and Human Services Public Health Division 17) Approval of a Child Health and Disability Prevention Program (CHDP), Health Care Program for Children and Foster Care, and California Children s Services (CCS) Plan and Budget for Fiscal Year and authorization for the Chairman to sign the Certification Statements for CHDP and CCS. Health and Human Services Welfare and Social Services Division 18) Authorization for the Purchasing Agent to purchase one replacement vehicle for the Health and Human Services Department Public Guardian and Conservator and approval of an amendment to the Fiscal Year Adopted Budget (4/5 vote required) (FT ). 19) Authorization to prepare a Gold Resolution for Cynthia Bryeans, Office Assistant II, in honor of her retirement from Sutter County. Human Resources 20) Adoption of a revised job specification for Appraiser I. BOOK 3-O, PAGE 177

4 Sheriff-Coroner 21) Approval of a contract (A17-180) with Securus Technologies for maintenance of the inmate phone system. 22) Approval of proposed use of State Citizen s Option for Public Safety Programs (COPS) for the Sheriff-Coroner, Sheriff Communications, and the County Jail Budget Units and approval of an amendment to the Fiscal Year Adopted Budget (4/5 vote required) (FT ). Consent Item No. 6 Consent Item No. 6 was pulled by a member of the public by mistake. On motion of Supervisor Flores, seconded by Supervisor Munger; and carried as follows: AYES: Supervisors Sullenger, Flores, Munger, Whiteaker, and Conant; NOES: None; the Board: 1) authorized the Chairman of the Board to sign a letter of support for a cooperative approach to obtain Proposition 1 grant funding for planning efforts for the Groundwater Sustainability Plan in the North American Subbasin; and 2) approved a Memorandum of Agreement (A17-173) with Natomas Central Mutual Water Company (NCMWC), delegating NCMWC the authority to develop and implement groundwater sustainability actions within the portions of the North American Subbasin within NCMWC s service area. Consent Item No. 13 A Member of the public asked what the agreement entailed. Shannon Secrist, Deputy Director of Behavioral Health Clinical Services, stated it is an agreement to embed staff at in the Rideout Emergency room. She noted this is an annual contract. On motion of Supervisor Flores, seconded by Supervisor Conant, and carried as follows: AYES: Supervisors Sullenger, Flores, Munger, Whiteaker, and Conant; NOES: None; the Board approved a Memorandum of Understanding (A17-176) with Freemont-Rideout Health Group for Fiscal Years BOOK 3-O, PAGE 178

5 PUBLIC HEARING 23) Williamson Act This having been heretofore fixed as the date, time, and place to hold a Public Hearing for the Board to discuss authorizing reduced Williamson Act contract terms of nice (9) years including a related reduction of property tax benefits, to be effective calendar year 2018, the matter was called to be heard. Steve Geiger, Senior Planner, discussed the item and recommended action. Chairman Whiteaker opened and closed the public hearing with no testimony being heard. On motion of Supervisor Conant, seconded by Supervisor Sullenger and carried as follows: AYES: Supervisors Sullenger, Flores, Munger, Whiteaker, and Conant; NOES: None; the Board: 1) adopted the implementation of the provisions authorized in Government Code Section 51244; 2) directed staff to notify all contracted owners of the decision to establish reduced (9 Year) Williamson Act Contract terms, and the landowner s right to prevent the reduction in the term of the contract by serving a Notice of Non-Renewal as specified by Government Code Section 51245; 3) directed the Assessor, Auditor, Treasurer-Tax Collector, Clerk-Recorder and Interim Director of Development Services to take all necessary steps to implement Government Code Section 51244, including but not limited to, recording a notice that states the affected parcel numbers and current owner s names, making the appropriate modifications to all affected properties assessed values and modifying the Fiscal Year tax bills to reflect the assessment changes and supplemental fees associated with the reduced tax benefit; and 4) adopted RESOLUTION NO , A RESOLUTION OF THE SUTTER COUNTY BOARD OF SUPERVISORS REGARDING GOVERNMENT CODE SECTION IMPLEMENTATION (Williamson Act) as appears of record in the office of the Clerk of the Board in Resolution Book 61 at page 132 to which record reference is hereby made for further particulars and by such reference incorporated herein and made a part hereof. APPEARANCE ITEMS 24) California State Association of Counties (CSAC) Board of Directors Appointments Donna Johnston, Clerk-Recorder/Registrar of Voters/Clerk of the Board, discussed the item and recommended action. A brief discussion and question/answer period was held. BOOK 3-O, PAGE 179

6 On motion of Supervisor Whiteaker, seconded by Supervisor Munger and carried by the following vote: AYES: Supervisors Sullenger, Flores, Munger, Whiteaker, and Conant; NOES: None; the Board appointed Supervisor Flores as the CSAC Board of Directors Member. On motion of Supervisor Flores, seconded by Supervisor Conant, and carried as follows: AYES: Supervisors Sullenger, Flores, Munger, Whiteaker, and Conant; NOES: None; the Board appointed Supervisor Munger as the CSAC Board of Directors Alternate Member. 25) Massage Ordinance Jean Jordan, County Counsel, discussed the item recommended action. A brief discussion and question/answer period was held. On motion of Supervisor Munger seconded by Supervisor Conant and carried as follows: AYES: Supervisors Sullenger, Flores, Munger, Whiteaker, and Conant; NOES: None; the Board: 1) introduced an ordinance amending Chapter 467 pertaining to massage establishments and massage practitioners; 2) waived the full reading and directed the Clerk to read the title only as follows: AN ORDINANCE OF THE COUNTY OF SUTTER AMENDING THE SUTTER COUNTY ORDINANCE CODE BY AMENDING CHAPTER 467 PERTAINING TO MASSAGE ESTABLISHMENTS AND MASSAGE PRACTITIONERS ; and 3) continued the item to the meeting of November 7, 2017, for adoption. 26) Homeless Management Plan Scott Mitnick, County Administrative Officer, gave a presentation on the recommended Homeless Management plan. Robert Herrick, Epidemiologist, and Ymelda Mendoza-Flores, Health Program Specialist, gave presentations about the current homeless population and introduced some success stories from the pilot program. John Floe, Community Services Program Manager, spoke about the role of service providers in the recommended Homeless Management plan. Jean Jordan, County Counsel, presented the Board with the legal ramifications of not opening a homeless shelter. Scott Thurmond, Consultant, spoke about the recommended Homeless Management plan. BOOK 3-O, PAGE 180

7 Gustavo Becerra, Executive Director, Regional Housing Authority, spoke about the allocation of Section 8 vouchers. Chairman Whiteaker adjourned the meeting for a ten-minute break to change the tape. At 5:14 p.m. Chairman Whiteaker called the meeting back to order and let the roll call stand. Members of the public spoke in both in support of and in opposition to the creation of a homeless shelter in Whiteaker Hall. Board Members thanked the public for their participation and voiced concerns about the creation of a homeless shelter. amendments: A lengthy discussion and question and answer period was held. Supervisor Flores made a motion to approve the recommended action, with the following 1. Direct staff to return with recommendations for other shelter opportunities 2. The shelter is to serve the needy and unsheltered citizens of Sutter County 3. Limit the number of residents in shelters to 60 people. 4. Strict adherence to a 90-day limit on days allowed to stay in shelter. No extensions regardless of situation. 5. Direct the Sheriff s Department to begin immediate enforcement of camping ordinance, regardless of consequences 6. Remove individuals who have a criminal background or are vagrants and request they leave or arrest them 7. Use federal and state grant funding for the completion of the shelter. Use General Fund money for continued cleanup, brush clearing, etc. 8. Continue to work with the area s Non-profit agencies 9. Shelter to be active for a term not to exceed two years 10. If any policy is not being adhered to on the shelter, the shelter will be closed immediately 11. Shelter is only open for limited hours of operation evening to morning. Limit hours only if it does not impact funding 12. Board would have to approval of the final facility 13. Form a Citizens Committee with Staff to determine how the committee should be formed A lengthy discussion and question/answer period was held. BOOK 3-O, PAGE 181

8 Jean Jordan, County Counsel, recommended Supervisor Flores withdraw the motion and instead direct staff to return on November 7, 2017, with the recommended changes to the staff report. Supervisor Flores withdraw his motion. It was the consensus of the Board to direct staff to amend the recommend actions for the Homeless Management project to include the 13 amendments put forth by Supervisors Flores and Conant and return on November 7, 2017 with a final report. Chairman Whiteaker adjourned the meeting for a short break to allow the room to clear. At 7:13 p.m. Chairman Whiteaker called the meeting back to order and let the roll call stand. CORRESPONDENCE Miscellaneous correspondence was noted and filed. OTHER BUSINESS BOARD OF SUPERVISORS Memory Adjournments and direction of a letter of condolence from the full Board sent to the family Motioned by: Seconded by: Vote: In Memory of: Supervisor Flores Chairman Whiteaker Carried Stanly Coolidge Chairman Whiteaker Supervisor Munger Carried Eric Olson Chairman Whiteaker Supervisor Munger Carried Robert Robison Chairman Whiteaker Supervisor Flores Carried Jeffrey Luenenberg With no further business coming before the Board, the meeting was adjourned at 7:16 p.m. ATTEST: DONNA M. JOHNSTON, CLERK OF THE BOARD JIM WHITEAKER, CHAIRMAN By: Alicia Draves, Deputy (A recording of the meeting can be heard/viewed from the Board of Supervisors webpage at: and DVDs of the meeting are available for citizens to check-out from the Sutter County Library at 750 Forbes Avenue, Yuba City, CA.) BOOK 3-O, PAGE 182