Mr. George Turner, Hammonton Road, advised of poor asphalt at the North Beale Road underpass at Union Pacific Railroad and urged repair.

Transcription

1 YUBA COUNTY, CALIFORNIA BOARD OF SUPERVISORS MAY 9, 2000 The Honorable Board of Supervisors of the County of Yuba met in regular session on the above date, commencing at 9:30 a.m. within the Courthouse, Marysville, California, with a quorum being present as follows: Supervisors Al Amaro, Bill Simmons, Brent Hastey, Donald Schrader, and Hal Stocker. Also present was County Administrator Jan Christofferson, County Counsel Daniel Montgomery, and Deputy Clerk of the Board of Supervisors Donna Stottlemeyer. Chairman Hastey presided. Chairman Hastey presented a proclamation to Mrs. Irene McIntosh in recognition of her 90 th birthday and for successfully conducting business in Marysville for 46 years at The Candy Box. PUBLIC COMMUNICATIONS Mr. George Turner, Hammonton Road, advised of poor asphalt at the North Beale Road underpass at Union Pacific Railroad and urged repair. CONSENT AGENDA Upon motion of Supervisor Simmons, seconded by Supervisor Schrader, and unanimously carried, the Board took the following actions: 1. Clerk of the Board of Supervisors: Approved minutes of regular meetings of March 21 and April 4, 2000, as written. 2. County Administrator: Approved revision to agreement between Yuba County and Yuba Community College, as document to ratify Board approval of April 25, 2000, regarding feasibility study for a business incubator program. 3. Human Services Agency (a) Health Services: Approved agreements for placement of Elderly and Dependent Adults in Residential Care Facility and authorized Chair to execute same. APPROVE MINUTES APPROVE AGRMNT. APPROVE AGRMNTS. 5/9/00 MINUTE BOOK 57 PAGE 145

2 (b) Health Services: Approved agreement for Educational Internship between Yuba APPROVE Community College and County of Yuba and authorized Chair to execute same. AGRMNT. 4. Library: Authorized Budget Transfer totaling $9,346 for Adult Literacy Program. AUTHORIZE BGT. TRNSFR. 5. Probation (a) Adopted Resolution No , which is on file in Yuba County Resolution Book No. 31, and which is entitled: AUTHORIZING THE CHIEF PROBATION OFFICER OF YUBA COUNTY AS THE DESIGNATED PROJECT DIRECTOR, TO MAKE APPLICATION FOR FUNDS TO THE OFFICE OF CRIMINAL JUSTICE PLANNING, ON BEHALF OF THE COUNTY OF YUBA, PURSUANT TO THE FEDERAL CRIME ACT OF (c) Victim Witness: Adopted Resolution No , which is on file in Yuba County Resolution Book No. 31, and which is entitled: AUTHORIZING THE CHIEF PROBATION OFFICER TO APPLY FOR CONTINUATION OF GRANT FUNDS ADMINISTERED THROUGH THE OFFICE OF CRIMINAL JUSTICE PLANNING TO OPERATE A CHILD ABUSE TREATMENT AND ADVOCACY PROJECT; DESIGNATE THE COUNTY PROBATION DEPARTMENT AS THE IMPLEMENTING AGENCY AND DESIGNATE THE COUNTY CHIEF PROBATION OFFICER AS THE OFFICIAL AUTHORIZED TO EXECUTE A GRANT AWARD AGREEMENT INCLUDING ANY EXTENSIONS OR AMENDMENTS THAT MAY ARISE FROM THIS APPLICATION. (c) Victim/Witness: Adopted Resolution No , which is on file in Yuba County Resolution Book No. 31, and which is entitled: AUTHORIZING THE CHIEF PROBATION OFFICER TO APPLY FOR CONTINUATION OF GRANT FUNDS ADMINISTERED THROUGH THE OFFICE OF CRIMINAL JUSTICE PLANNING TO OPERATE A VICTIM WITNESS PROGRAM; DESIGNATE THE COUNTY PROBATION DEPARTMENT AS THE IMPLEMENTING AGENCY AND DESIGNATE THE COUNTY CHIEF PROBATION OFFICER AS THE OFFICIAL AUTHORIZED TO EXECUTE A GRANT AWARD AGREEMENT INCLUDING ANY EXTENSIONS OR AMENDMENTS THAT MAY ARISE FROM THIS APPLICATION. (d) Victim Witness: Adopted Resolution No , which is on file in Yuba County Resolution Book No. 31, and which is entitled: AUTHORIZING THE COUNTY CHIEF PROBATION OFFICER TO SUBMIT AN APPLICATION FOR FUNDS AVAILABLE FROM THE FEDERAL BASED FAMILY RESOURCE PROGRAM; NO NO NO NO /9/00 MINUTE BOOK 57 PAGE 146

3 DESIGNATING THE COUNTY PROBATION DEPARTMENT AS THE IMPLEMENTING AGENCY AND DESIGNATING THE COUNTY CHIEF PROBATION OFFICER AS THE OFFICIAL AUTHORIZED TO EXECUTE A GRANT AWARD AGREEMENT INCLUDING ANY EXTENSIONS OR AMENDMENTS THAT MAY ARISE FROM THIS APPLICATION. 6. Risk Management/Personnel: Adopted Resolution No , which is on file in Yuba County Resolution Book No. 31, and which is entitled: AMENDING THE DEPARTMENTAL ALLOCATION SCHEDULE NO , as it relates to Deputy District Attorney I/II/III (Family Support Division and Deputy District Attorney III). 7. Sheriff/Coroner (a) Adopted Resolution No , which is on file in Yuba County Resolution Book No. 31, and which is entitled: AUTHORIZING THE SHERIFF TO EXECUTE THE AGREEMENT WITH THE DEPARTMENT OF CALIFORNIA HIGHWAY PATROL FOR UTILITY SHARING AT THE BROWNSVILLE SUBSTATION. (b) Approved agreement between County of Placer and County of Yuba for use of morgue facility and diener services in the performance of homicide autopsies and authorized Chair to execute same. (c) Approved contract and adopted Resolution No , which is on file in Yuba County Resolution Book No. 31, and which is entitled: OF THE BOARD OF SUPERVISORS AUTHORIZING ITS CHAIRMAN TO SIGN A CONTRACT WITH THE CALIFORNIA DEPARTMENT OF BOATING AND WATERWAYS FOR THE PURCHASE OF A NEW BOAT AND TRAILER WITH FEDERAL FUNDS ADMINISTERED BY THE STATE. ADMINISTRATIVE SERVICES NO NO APPROVE AGRMNT. NO Expenditure $2,600/Courthouse Basement: Administrative Services Director advised the vehicle exit door of the basement has failed and cost to replace and install will be no more than $2,600. Upon motion of Supervisor Amaro, seconded by Supervisor Stocker, and unanimously carried, the Board authorized expenditure of $2,600 for repair for exit door in Courthouse basement. AUTHORIZE EXPENDITURE 5/9/00 MINUTE BOOK 57 PAGE 147

4 COUNTY ADMINISTRATOR Contingency Fund Transfer/$61,551: County Administrator Jan Christofferson advised funds are needed to cover unbudgeted payments associated with agreement with Yuba County Airport in the amount of $27,905 which were not budgeted this fiscal year. Ms. Christofferson further advised funds in the amount of $33,646 are needed for vacation and sick leave buyout expenses for various departments. Upon motion of Supervisor Schrader, seconded by Supervisor Stocker, and unanimously carried, the Board authorized Contingency Fund Transfer in the amount $61,551 from Account No to various line items to rebate Airport for certain property taxes per contract and fund various vacation and sick leave buy outs. ORDINANCES AND PUBLIC HEARINGS AUTHORIZE CONT. TRNSFR. Chairman Hastey read the disclaimer. 1. Ordinance - Hold public hearing, waive second reading, and adopt ordinance amending Yuba County Ordinance Code, Section to initiate quarterly meetings for Yuba County Library Advisory Commission: Chairman Hastey opened the public hearing and inquired if anyone wished to address this issue. No one came forward. Upon motion of Supervisor Schrader, seconded by Supervisor Stocker, and unanimously carried, the public hearing was closed, the Board waived second reading, and adopted Ordinance No. 1269, which is on file in Ordinance Book No. 16, and which is entitled: AN ORDINANCE AMENDING CHAPTER OF TITLE II OF THE YUBA COUNTY CODE CHANGING REGULAR MEETINGS OF THE LIBRARY ADVISORY COMMISSION FROM BI-MONTHLY TO QUARTERLY. 2. Ordinance - Introduce ordinance, hold public hearing, and waive first reading to amend Yuba County Ordinance Code Chapter of Title XI and Chapter of Title XII regarding Public Utility Notice: County Counsel Dan Montgomery advised the proposed amendment will comply with requirements of cable television franchise agreement which the Board approved previously and will allow for multiple use of trenches for utility purposes. ORDINANCE NO Chairman Hastey opened the public hearing and inquired if anyone wished to address this issue. No one came forward. 5/9/00 MINUTE BOOK 57 PAGE 148

5 Upon motion of Supervisor Stocker, seconded by Supervisor Simmons, and unanimously carried, the Board closed the public hearing and waived first reading of proposed ordinance to amend Chapter of Title XI and Chapter of Title XII regarding Public Utility Notice. ITEM OF PUBLIC INTEREST WAIVE 1 ST READ Refund Building Inspection Fines/$5,639/Orton Development, Inc.: Mr. Gary Hyer, Orton Development, Inc., stated the request is not for a total refund but a discretionary amount and felt the fine imposed was exorbitant. Mr. Hyer advised work done was according to code and left open for first inspection. Mr. Hyer stated the project for the County is currently over budget by $180,000 which will be absorbed by Orton and again stated the request is for a reduction to the amount fined and a partial refund would help to bring the project to a more tolerable level of being over budget. Chief Building Official Martin Griffin advised construction had begun at the site without a permit as required by state mandate and the fine was imposed as outlined by ordinance code. Mr. Griffin advised at no time did the contractors request to start the County project without a permit. In response to an inquiry by Supervisor Simmons, County Counsel Dan Montgomery advised specific findings which separate this incident from others must be made to impose a waiver. In response to Board inquiries, Mr. Griffin advised the fine is double the permit fee which was established by ordinance ten years ago and further advised other counties impose higher fines, such as Butte County which is eight times the permit fee. Mr. Griffin advised there have been no exceptions to fines imposed and stated building is not started without a permit. Mr. Hyer acknowledged other jurisdictions impose higher fines and also stated is it a discretionary call of the inspector as to whether a fine is imposed. Mr. Hyer stated it is common practice within the contracting business to begin minor construction work without a permit to be left open for first inspection and again stated he felt the fine was exorbitant. In response to an inquiry by Supervisor Schrader, Mr. Hyer stated it is a risk to the contractor to start without a permit. Supervisor Schrader strongly disagreed stating it was a violation of law. Mr. Hyer again emphasized it is common practice to begin without a permit and stressed his desire for a long-term relationship with the County which requires give and take, with the 5/9/00 MINUTE BOOK 57 PAGE 149

6 company giving $180,000 on this particular project. Mr. Hyer stated Orton is an aggressive developer within the County which gives to community efforts and would like discretion based on building this relationship through cooperation to see economic development and prosperity. Supervisor Amaro stated the Board has not previously waived fees and expressed concern regarding construction beginning without a permit and would not support a waiver even if it jeopardizes future projects. Mr. Montgomery clarified the construction being done is for the benefit of Orton and the relationship between the County and the builder is nonexistent as the County is a tenant at Feather River Center. Supervisor Hastey concurred with Supervisor Amaro and felt a contractor knows the law and should follow it and he might support leniency with a homeowner who may not be aware of the law. Supervisor Hastey stated he would not give a waiver which would benefit the County and expressed surprise that the developer would make such a request. No action was taken. CORRESPONDENCE NO ACTION A. Letter from California Controller, dated April 19, 2000, regarding U.S. Federal Forest Reserve receipts for federal fiscal year No action. B. Letter from Regional Waste Management Authority, dated April 26, 2000, regarding refuse collection rate setting methodology status request. Referred to staff. C. Notice of Preparation from State Public Utilities Commission, dated April 27, 2000, regarding draft environmental impact report. No action. REFER TO STAFF D. Letter from United States Department of Agriculture, dated April 26, 2000, regarding off highway vehicle grant applications. No action. E. Notice of Public Hearing from State Water Resources Control Board, regarding state revolving fund loan program project priority list. No action. F. Letter from Nevada Joint Union High School District, dated April 27, 2000, regarding school district certification before issuing building permits. Referred to Community Development/Building Inspection. REFER TO STAFF G. Letter from Lou Binninger, Church of Glad Tidings, dated May 2, 2000, regarding Internet usage at 5/9/00 MINUTE BOOK 57 PAGE 150

7 the County Library. Referred to Library. Mr. Lou Binninger provided additional material relating to Internet filtering and urged reconsideration of Internet filtering to protect citizens from harmful exposure to inappropriate material. Ms. Zelma Harris, Marysville, opposed Internet filtering stating she did not want to sensor material, but felt it is more important to be able to read. Mr. Ed Fleming, Marysville, concurred with Ms. Harris and expressed pleasure with the direction the Library has taken over the past two years. Library Director Deborah Graf stated filters do not work to sensor only objectionable material but block sites involving the Bible, Shakespeare, and 20 percent of informational sites. Ms. Graf stated the current policy in place for children has worked well and there have been no violations by children. Ms. Graf advised adult viewing of inappropriate sites has been limited and handled with immediate staff intervention. Supervisor Schrader concurred and felt the Board could not legislate morality. Supervisor Simmons thanked Ms. Graf for the information and felt as a County of Character the issue is well-monitored by the community. Supervisor Stocker commended Ms. Graf for bringing more use to the Library. Supervisor Amaro expressed surprise at the correspondence and felt there have been no incidents of harm to children at the library and questioned if there was evidence or documentation of improper use by children. Supervisor Amaro felt the current policy has been effective and is appropriate. (End of Tape No Side A) Supervisor Amaro took exception to comments which referred to a nicely furnished peep show in town. Mr. Binninger stated he had no evidence of there being a problem, but the purpose of the correspondence is to prevent such a problem from occurring and concurred the Library is doing a good job. However, felt there has been a problem with adults and a shoulder tap is a 5/9/00 MINUTE BOOK 57 PAGE 151

8 filtering of use. Mr. Binninger stated current Internet filters are very effective and existing problems need to be addressed. Mr. Greg Crompton, Dobbins, expressed concern and stated children needed to be protected, but felt First Amendment Rights should also be protected. BOARD AND STAFF MEMBERS REPORT Supervisor Stocker felt the fees imposed for hazardous waste program are exorbitant and could not imagine the State charging more. Supervisor Stocker felt the issue should be revisited and a plan developed that is not as penalizing to the farmers and commercial activities. Supervisor Simmons advised the ad hoc committee would be meeting and bringing a recommendation to the Board. Supervisor Schrader concurred with Supervisor Stocker. Supervisor Schrader advised of a open house being held at the Sacramento Valley Amphitheater on Friday, May 12 at 3:00 p.m. Supervisor Amaro advised a fly-over high-tech levy inspection is looking very promising for the month of October. Supervisor Amaro advised a workshop on May 25 will be held in the Board Chambers to present a power point presentation for a proposed Yuba County Model and visitors center. Supervisor Simmons advised of his attendance at the Sacramento Area Council of Governments awards presentation where he presented Marysville High School student Jennifer Howard with a scholarship award. County Administrator Jan Christofferson advised more time is needed to present a balanced proposed budget, therefore, the budget time line will be extended two weeks. Ms. Christofferson advised of an upcoming meeting of administrators to discuss the pending rate methodology for the refuse system. The Board retired into closed session at 10:28 a.m. to discuss the following: CLOSED SESSION A. Pending litigation pursuant to Government Code (a) - South Yuba Concerned Citizens, Gerald Norene and Charles Slade vs County of Yuba 5/9/00 MINUTE BOOK 57 PAGE 152

9 B. Pending litigation pursuant to Government Code (a) - Yuba Group Against Garbage, et al vs County of Yuba C. Pending litigation pursuant to Government Code (a) - Western Aggregates vs County of Yuba The Board returned from closed session at 10:53 a.m. with all Board and staff members present as indicated above. There were no announcements. ADJOURNMENT There being no further business before the Yuba County Board of Supervisors, the meeting was adjourned at 10:54. a.m. by Chairman Hastey. ATTEST: TERRY A. HANSEN CLERK OF THE BOARD OF SUPERVISORS /s/brent Hastey, Chairman By: /s/donna Stottlemeyer, Deputy Clerk Approved: June 6, /9/00 MINUTE BOOK 57 PAGE 153