The Board of Supervisors of the County of Sutter, State of California, met on the above date in

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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 in Regular Session at 3:00 p.m. in the Board of Supervisors Chambers located in the Hall of Records Building at 466 Second Street, Yuba City, California. MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: REGULAR SESSION Supervisors Larry Montna, Stan Cleveland, Supervisor Munger (arrived at 4:40 p.m.), Jim Whiteaker, and James Gallagher None. Stephanie J. Larsen, County Administrative Officer; Ronald S. Erickson, County Counsel; and Karna-Lisa Aucoin, Deputy Clerk of the Board Chairman Gallagher called the meeting to order and asked the Clerk to call the roll of the Board, noting that Supervisor Munger was not present (arrived at 4:40 p.m.). He then asked Brynda Stranix, Chief Operating Officer of the Economic Development Corporation, to lead the Board and the audience in the Pledge of Allegiance to the Flag. PRESENTATION Chairman Gallagher presented a Proclamation declaring July as Sexual Assault Awareness Month in the County of Sutter to Susan Tiffany, Sexual Assault Director at Casa de Esperanza, Ms. Tiffany thanked the Board for the Proclamation and spoke about events that will be taking place in recognition of Sexual Assault Awareness Month. (Clerk s note: this presentation was made following the consent items that were removed for discussion.) APPROVAL OF MINUTES 1) On motion of Supervisor Montna, seconded by Supervisor Cleveland and carried by those present, the Board approved the Minutes of the June 28, 2011 regular session as presented. BOOK 3-L, PAGE 1

2 PUBLIC COMMENT Chuck Miller, with the Sutter County Taxpayers Association and a resident of Yuba City, spoke about Consent Item No. 11 which requests that the Board table consideration of a proposed ordinance revising Sutter County Ordinance Code Chapter 1780, relating to Floodplain Management. Mr. Miller spoke in opposition to changing the Ordinance as suggested by Chairman Gallagher, and in support of the changes that were proposed by the Public Works Department. Mr. Miller also spoke in favor of different insurance rates for farming areas because those areas have different concerns than rural areas. There were no additional comments from those in the audience. CONSENT CALENDAR On motion of Supervisor Whiteaker, seconded by Supervisor Cleveland and carried by those present, the Board approved the Consent Calendar, with Item Numbers 11 and 13 removed for discussion as follows: Agricultural Commissioner 2) Approval of an agreement (A11-097) with the California Department of Food & Agriculture for European Grapevine Moth Detection Services and authorization for the Agricultural Commissioner to sign the agreement. 3) Approval of an agreement (A11-098) with the California Department of Food & Agriculture for Asian Citrus Psyllid Detection Services and authorization for the Agricultural Commissioner to sign the agreement. Child Support Services 4) Authorization to prepare a Gold Resolution for Laquita J. Long, upon the occasion of her retirement. 5) Approval of out-of-state travel for the Director of Child Support Services to attend the National Child Support Enforcement Association 2011 Annual Conference & Expo in Atlanta, Georgia. Clerk of the Board 6) Approval to appoint Verna Hughes to the Fairview Cemetery District Board of Trustees. 7) Approval to appoint Becky Bowen to the Area 4 Agency on Aging Governing Board, as a Sutter County Representative. 8) Approval to re-appoint Sherri France, at-large representative and Lee Jones, District 2 representative, to the Community Memorial Museum Commission. BOOK 3-L, PAGE 2

3 Human Services Mental Health Division 9) Approval of an agreement (A11-099) with Mental Health America of Yuba-Sutter to provide employment brokerage and payroll services and authorization for the Chairman to sign the agreement. Human Services Welfare and Social Services Division 10) Approval of a Memorandum of Agreement (MOA) (A11-100) with Career Tech Education Sutter County One Stop, for Provision of Employment Services for FY and authorization for the Chairman to sign the MOA. Public Works 11) REMOVED FOR DISCUSSION: Approval to table consideration of a proposed ordinance revising Sutter County Ordinance Code Chapter 1780, relating to Floodplain Management. Sheriff-Coroner 12) Authorization to prepare a Gold Resolution for Sergeant Randall Pack, upon the occasion of his retirement. Yuba-Sutter Economic Development Corporation 13) REMOVED FOR DISCUSSION: Adoption of a resolution approving the Comprehensive Economic Development Strategy and Program Projection for the Yuba-Sutter Economic Development District, as prepared and recommended by the Yuba-Sutter Economic Development Corporation and the Comprehensive Economic Development Strategy Committee. Special District Consent Calendar 14) Approval of the minutes of the June 7, 2011 meeting of the following Special Districts: a) El Cerrito County Drainage District b) El Margarita County Drainage District c) Rio Ramaza Community Services District d) Sutter County Flood Control and Water Conservation District e) Sutter County Water Agency f) Tierra Buena County Drainage District g) Water Works District #1 Item No. 11 Table Consideration of a Proposed Ordinance Chairman Gallagher spoke in favor of the recommended action. Supervisor Cleveland discussed activity related to the reauthorization of the National Flood Insurance Plan. He said the Plan is before Congress Committee today. Supervisor Cleveland said insurance rate adjustments, or discounts, due to Sutter County s Community Rating System are in the process of being drawn up. He said consideration is being given to classification of different land types such as rural and farm, and insurance rates for other states are also being considered. BOOK 3-L, PAGE 3

4 On motion of Supervisor Gallagher, seconded by Supervisor Cleveland and carried by those present, the Board approved the request to table consideration of a proposed ordinance revising Sutter County Ordinance Code Chapter 1780, relating to Floodplain Management. Item No Comprehensive Economic Development Strategy and Program Projection Brynda Stranix, Chief Operating Officer of the Economic Development Corporation, thanked the Board for its support of the Economic Development Corporation (EDC) and approval of the EDC s funding request. Ms. Stranix said one of the projects of the EDC, as the Yuba-Sutter Economic Development District, is to comprise an annual Comprehensive Economic Development Strategy which allows the EDC to seek grant funding that is mainly for infrastructure projects. She then reviewed the Strategy report which includes goals for Sutter County including increasing the available acreage for industrial development, improving the highway infrastructure on State Highway 99 in Sutter County; providing adequate infrastructure in unincorporated Sutter County and the community of Sutter; to facilitate economic development; creation of an organizational system to streamline and expedite industrial permit processing; and to promote, sustain, and diversify agricultural industries countywide. She reviewed potential projects related to these goals. Chairman Gallagher spoke about the funding requests by other organizations. He asked whether the EDC could assist with promotion of the arts. Ms. Stranix said that quality of life is very important for economic development. She said the Comprehensive Economic Development Strategy, however, is more focused on infrastructure. Supervisor Cleveland encouraged public members to contact the Board members or the EDC with any questions they may have. RESOLUTION NO , A RESOLUTION APPROVING THE COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY AND PROGRAM PROJECTION FOR THE YUBA-SUTTER ECONOMIC DEVELOPMENT DISTRICT, AS PREPARED AND RECOMMENDED BY THE YUBA-SUTTER ECONOMIC DEVELOPMENT CORPORATION AND THE COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY COMMITTEE, was adopted on motion of Supervisor Cleveland, seconded by Supervisor Whiteaker and unanimously carried as appears of record in the office of the Clerk of the Board in Resolution Book 57 at Page 213 to which record reference is hereby made for further particulars and by such reference incorporated herein and made a part hereof. BOOK 3-L, PAGE 4

5 COMMUNITY MEMORIAL MUSEUM TRUST FUND BOARD OF TRUSTEES 15) The Board adjourned as the Board of Supervisors and reconvened as the Community Memorial Museum Trust Fund Board of Trustees. (Separate Minutes) The Community Memorial Museum Trust Fund Board of Trustees adjourned and reconvened as the In- Home Supportive Services Public Authority. IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY 16) (Separate Minutes) Supervisors. The In-Home Supportive Services Public Authority adjourned and reconvened as the Board of PUBLIC HEARINGS 17) Redistricting Supervisorial Districts This having been heretofore fixed as the date, time and place to hold a public hearing regarding the first of two Public Hearings per Election Code Section regarding redistricting of the County supervisorial districts due to the 2010 Census, Certificate of Publication being on file in the office of the Clerk of the Board, the matter was called to be heard. Donna Johnston, Clerk-Recorder-Registrar of Voters, reviewed the staff report and explained that after each decennial census the Elections Code requires redistricting of supervisorial districts so they are as nearly equal in population as may be. Ms. Johnston spoke about a town hall meeting and committee meetings that have taken place. She reviewed input that had been received regarding redistricting map boundaries and the required process that was used to arrive at the options presented this evening. Leanne Mueller, Senior Planner, reviewed the staff report and reviewed maps showing boundaries of the districts in the options that are provided for consideration. Ms. Mueller discussed the differences in population, and mean percentage differences. She explained the purpose of this presentation is to receive input from Board members regarding the options provided and discuss potential alterations the Board may like to make. Chairman Gallagher opened the public hearing. Elaine Miles, Yuba City, spoke in opposition to the redistricting map options provided. Ms. Miles BOOK 3-L, PAGE 5

6 spoke about the redistricting that was recently done and the way some citizens in north Yuba City would potentially be disenfranchised again in upcoming elections, should the Board approve any of the proposed maps. Discussion ensued regarding the north Yuba City area where Ms. Miles expressed disenfranchisement concerns. There being no further public testimony, Chairman Gallagher closed the public hearing. Lengthy discussion ensued and possible alternatives and alterations to the map options presented were reviewed and the resulting mean percentages were discussed. Ron Erickson, County Counsel, explained that the Supreme Court had said up to 10% deviation among supervisorial districts is acceptable provided there is sufficient justification. He said while there will always be some deviation, less deviation requires justification. consideration. Further discussion ensued regarding optional maps the Board would like brought back for further On motion of Supervisor Whiteaker, moved that staff return with Map-Option 3 for Board consideration. The motion was seconded by Supervisor Montna. Supervisor Cleveland stated there is a consensus of the Board regarding Supervisor Whiteaker s motion. Discussion followed, and at Ms. Mueller s request, Chairman Gallagher clarified the request for staff to return with Map-Option 3 including modifications to the boundary that affects Districts Two and Five, and a new map option with modifications to minimize disenfranchisement in the north Yuba City area as discussed by Ms. Miles, as well as the other maps presented tonight. On motion of Supervisor Gallagher, seconded by Supervisor Cleveland and unanimously carried, the Board directed staff to return with the first three options presented, a modified Option #3, and an additional option incorporating requested changes back for consideration and approval of one option on July 26, ) Planning Project # This having been heretofore fixed as the date, time and place to hold a public hearing regarding Planning Project # (Heer); Review of noise barrier design details for 1104 Oswald Road, Assessor s Parcel No , Certificate of Publication and Mailing being on file in the office of the Clerk of the Board, the matter was called to be heard. BOOK 3-L, PAGE 6

7 Leanne Mueller, Senior Planner, reviewed the staff report and said the applicant has initiated the steps to meet the required Condition of Approval No. 13 related to the noise barrier. Chairman Gallagher opened the public hearing. Dennis Nelson, representative for the applicant, discussed the requirements in question and he said the applicant has complied. He asked that the Board approve the applicant s proposed material for construction of the noise barrier. Discussion regarding design standards ensued. Chairman Gallagher confirmed with Ms. Mueller that the material proposed would provide a sufficient barrier. There being no further public testimony, Chairman Gallagher closed the public hearing. On motion of Supervisor Whiteaker, seconded by Supervisor Cleveland and unanimously carried, the Board approved the noise barrier design and material submitted by the applicant. 19) Status Update for Planning Project # and Planning Project # This having been heretofore fixed as the date, time and place to hold a public hearing regarding a status update for Project # (Walnut Avenue LLC) and direction regarding Planning Project # (Sutter County), a General Plan Amendment from COM (Commercial) to AG-20 (Agriculture 20-acre minimums) and Rezone from C-2-PD (General Commercial, Planned Development) to AG (General Agriculture) District; located on the north side of Walnut Avenue, approximately 500 feet west of State Route 99 at 1431 Walnut Avenue; Assessor s Parcel No , Certificate of Publication and Mailing being on file in the office of the Clerk of the Board, the matter was called to be heard. (Clerk s note: 4:40 p.m. Supervisor Munger joined the meeting) Lisa Wilson, Planning Division Manager, reviewed the staff report and spoke about Board action taken in March of this year related to non-compliance issues with this project. Ms. Wilson explained the applicant quickly complied with the requirements; however, there is one remaining issue that must be completed to comply with the design standards. She said the applicant is in progress with clearing up this last issue which should be finished by Discussion ensued confirming the applicant s compliance. It was noted if the applicant exceeds the allowed number of events, the Board could then consider taking action due to non-compliance. BOOK 3-L, PAGE 7

8 Chairman Gallagher opened the public hearing. The following citizens spoke in opposition to approval of the project as proposed: 1) Rodney Romness, Reed Road, Yuba City 2) Moses Varela, neighbor to the subject property Dave Wilson, the General Contractor working with the applicant to complete Condition of Approval No. 13 related to the barrier, said the project is now on schedule. In answer to Supervisor Whiteaker s question about how much the cost is for the materials being used to comply with the Condition, Mr. Wilson answered a little over $200,000. There being no further public testimony, Chairman Gallagher closed the public hearing. Board members discussed the compliance issues that have occurred with this project. On motion of Supervisor Gallagher, seconded by Supervisor Whiteaker, with Supervisor Montna dissenting, and carried by a 4-1 vote, the Board determined the applicant for Planning Project # has complied with the required Conditions of Approval to allow operation of a service and social club. APPEARANCE ITEMS 20) Status Report of the Local Emergency Declaration John DeBeaux, Emergency Operations Manager, reviewed the staff report explaining the need to consider the status of the local emergency which commenced on March 22, 2011 and is still in effect. Due to the continued processing of requests for funding assistance, Mr. DeBeaux said the recommendation is that the Board approve continue the Declaration of a Local Emergency for an additional 30 days. On motion of Supervisor Whiteaker, seconded by Supervisor Munger and unanimously carried, the Board confirmed the need to continue the Declaration of a Local Emergency which was ratified by Resolution No on March 22, ) Memorandum of Understanding for Federal Grant Funding Eligibility Supervisor Whiteaker said he is on the committee that has reviewed this request which involves the Sutter County Sheriff and the Yuba City Police Department applying for a combined grant to be used for various law enforcement programs. He spoke in favor of the recommended action. BOOK 3-L, PAGE 8

9 On motion of Supervisor Whiteaker, seconded by Supervisor Cleveland and unanimously carried, the Board approved a Memorandum of Understanding (MOU) (A11-101) with the City of Yuba City in order for the County and the City to become eligible for a federal grant and authorization for the Chairman to sign the MOU 22) Urgency Ordinance Restricting Activities on Boat Launch Facilities Doug Gault, Public Works Director, reviewed the staff report. He spoke about citizens swimming and sunbathing on the Live Oak Park boat launch facility and the way the activity interferes with the launch and recovering of boats, it poses a safety hazard. He said the existing County code is too vague and the proposed urgency ordinance would more specifically outline the allowable activities by these citizens. In answer to Supervisor Montna s question regarding when the park would open, Mr. Gault answered July 13, 2011 if the proposed urgency ordinance is approved. Discussion ensued regarding a caretaker at the facility and Mr. Gault explained that there recently has not been one. He said they now believe they have a new caretaker and are working on getting the person started. Gary Stucky, Executive Director of the Sutter County Employees Association, spoke about the language of the proposed urgency ordinance and he suggested including the word intentionally where the ordinance states willfully violating the provisions of the Chapter Ron Erickson, County Counsel, explained that if the language was changed to intentionally, enforcement would become much more difficult. On motion of Supervisor Montna, seconded by Supervisor Cleveland and unanimously carried, the Board introduced an urgency ordinance and waived the full reading by substitution of title only and directed the Clerk to read the Urgency Ordinance titled An Ordinance of the County of Sutter Amending the Sutter County Ordinance Code by Adding Section and Amending Section of Chapter 470 Relating to Regulations and Policy for use of County Parks and Recreation Facilities and; ORDINANCE NO AN ORDINANCE OF THE COUNTY OF SUTTER AMENDING THE SUTTER COUNTY ORDINANCE CODE TO ADD SECTION AND AMENDING SECTION OF CHAPTER 470 RELATING TO REGULATIONS AND POLICY FOR USE OF COUNTY PARKS AND RECREATION FACILITIES, was adopted on motion of Supervisor Montna, seconded by Supervisor BOOK 3-L, PAGE 9

10 Cleveland and unanimously carried, as appears of record in the office of the Clerk of the Board in Ordinance Book T at page 206, to which record reference is hereby made and by such reference incorporated herein and made a part hereof. 23) Budget Change to Restore Custodial Position Doug Gault, Public Works Director, reviewed the staff report and reviewed the proposed adjustments. Bob Starr, Deputy Director of Public Works General Services, spoke about difficulties with the current lack of staff and said it is very important to have the custodial position filled. Melvin Butch Coles, Supervising Custodian, discussed the way janitorial services has had to be modified with the amount of staff available and said it has been difficult to keep public areas as well as they would like. Patricia Miller, Yuba City, (no speaker card) spoke about the discussion in the staff report. Ms. Miller expressed concern related to from where funding would come to restore the position. On motion of Supervisor Whiteaker, seconded by Supervisor Munger, with Supervisor Gallagher dissenting, the Board approved a budget change to the FY Budget by changing various line items in the Public Works Building maintenance Budget Unit and Public works Administration Budget Unit in order to restore one custodial position, previously approved for lay-off in the Public Works Building Maintenance Budget Unit 1-700; and authorize the immediate rehire of the custodian laid off from that position. 24) Response to Grand Jury Report on Animal Control Stephanie Larsen, County Administrative Officer, reviewed the staff report. Ms. Larsen discussed the proposed improvements and their cost. Ms. Larsen said that both the City of Live Oak and City of Yuba City managers are in agreement with the recommended interim improvements to the Animal Control Facility. Board members discussed the difficult situation at the Facility. It was noted that the staff of the Facility has done a good job considering the conditions under which they have worked and that the concerns of the Grand Jury will be addressed. The Joint Powers Agreement will be beneficial, and an ad hoc committee is working to accelerate the efforts for a new facility. A citizen spoke highly of the efforts of staff at the Facility and said she has adopted a dog from the Facility. BOOK 3-L, PAGE 10

11 On motion of Supervisor Cleveland, seconded by Supervisor Munger and unanimously carried, the Board approved the recommended action as follows: 1) approved the attached Response to the Grand Jury Report Sutter County Animal Control Shelter as the County s official response the Grand Jury, and direct the County Administrative Officer to transmit the response to the Presiding Judge of the Superior Court; 2) approval of an amendment (as outlined in the staff report) to the FY Plant Acquisition Budget Unit 1-801, the Animal Control Budget Unit 2-726, and the General Revenues Budget Unit to complete interim upgrades and repairs to the current animal shelter. The total cost being approximately $140,000 (4/5 vote required); 3) authorize Public Works to begin the work immediately, rather than waiting for approval of the adopted budget. CORRESPONDENCE Miscellaneous correspondence was noted and filed. OTHER BUSINESS BOARD OF SUPERVISORS On motion of Supervisors Whiteaker and Gallagher, seconded by Supervisor Munger and unanimously carried, the Board adjourned in memory of Betty Fletcher and directed a letter of condolence be sent to her family. On motion of Supervisor Montna, seconded by Supervisor Cleveland and unanimously carried, the Board adjourned in memory of Harold Childers and directed a letter of condolence be sent to his family. Stephanie Larsen, County Administrative Officer, said the Board meeting of July 19, 2011 has been cancelled, and the next Board meeting will be held on July 26, 2011 at 7:00 p.m. With no further business coming before the Board, the meeting was adjourned at 5:37 p.m. ATTEST: DONNA M. JOHNSTON CLERK OF THE BOARD JAMES GALLAGHER, CHAIRMAN By: Karna-Lisa Aucoin Deputy BOOK 3-L, PAGE 11