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 7:00 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: Supervisors Larry Montna, Stan Cleveland, Larry Munger, Jim Whiteaker, and James Gallagher (arrived at 7:25 p.m.) None Stephanie J. Larsen, County Administrative Officer; Ronald S. Erickson, County Counsel; and Lisa Bush, Deputy Clerk of the Board REGULAR SESSION Chairman Cleveland called the meeting to order and asked the Clerk to call the roll of the Board, noting that Supervisor Gallagher was absent (arrived at 7:25 p.m.). He then asked Bill Edgar, Interim Executive Director of the Sutter Butte Flood Control Agency, to lead the Board and the audience in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES On motion of Supervisor Munger, seconded by Supervisor Whiteaker and carried by those present, the Board approved the Minutes of the October 26, 2010 Regular Session. CONSENT CALENDAR Supervisor Montna removed Item No. 7 from the Consent Calendar. Chairman Cleveland removed Item No. 5 from the Consent Calendar and said he would recuse himself from the vote, as he serves on the Friday Night Live Board. On motion of Supervisor Whiteaker, seconded by Supervisor Munger and carried by those present, the Board approved the Consent Calendar, with Item Nos. 5 and 7 removed, as follows:
Board of Supervisors 2) Authorization to prepare a proclamation declaring the week of November 1 7, 2010 as Sri Guru Granth Sahib week. Clerk of the Board 3) Approval to appoint John Amarel to the Community Action Agency, as the District 5 Representative. Community Services 4) Authorization to waive competitive bidding, authorization for the purchase of a cab and chassis which will be used in the build-up of a water tender for CSA-D, Pleasant Grove Volunteer Fire Department, and authorization for out-of-state travel to retrieve the equipment, if necessary. Human Services Mental Health Division 5) REMOVED FOR DISCUSSION: Approval of an independent contractor agreement with Sutter- Yuba Friday Night Live for FY 2010-11 and FY 2011-12 for a mentoring program, and authorization for the Chairman to sign the agreement. Public Works 6) RESOLUTION NO. 10-061, A RESOLUTION OF THE BOARD OF SUPERVISORS ADOPTING IMPROVEMENT STANDARDS was adopted on motion of Supervisor Whiteaker, seconded by Supervisor Munger and carried by those present as appears of record in the office of the Clerk of the Board in Resolution Book 57 at Page 82 to which record reference is hereby made a part hereof. 7) REMOVED FOR DISCUSSION: Approval of the fourth amendment to a professional services agreement with Applied Engineering and Geology for underground storage tank remediation services at the Sheriff s Station and authorization for the Director of Public Works to sign the amendment. 8) Approval of a Memorandum of Understanding (MOU) (A10-159) with the Sutter Butte Flood Control Agency regarding funding for the Sutter Basin General Investigation Feasibility Study and authorization for the Chairman to sign the MOU. Item No. 5 Agreement with Sutter-Yuba Friday Night Live On motion of Supervisor Munger, seconded by Supervisor Whiteaker, with Chairman Cleveland abstaining and carried by those present, the Board approved an independent contractor agreement (A10-157) with Sutter-Yuba Friday Night Live for FY 2010-11 and FY 2011-12 for a mentoring program, and authorized the Chairman to sign the agreement.
Item No. 7 Amendment to an Agreement with Applied Engineering and Geology Supervisor Montna voiced frustration that this underground storage tank remediation project has gone on for far too many years and has cost the County a huge amount of money. He asked staff how much longer it will take to complete. Doug Gault, Director of Public Works, said it is difficult to predict how long this work will take. He said staff is trying to find the source of the contamination and if it is determined to be from an outside source, the County will have a number of choices for future action. On motion of Supervisor Montna, seconded by Supervisor Munger and carried by those present, the Board approved the fourth amendment (A10-158) to a professional services agreement with Applied Engineering and Geology for underground storage tank remediation services at the Sheriff s Station and authorized the Director of Public Works to sign the amendment. APPEARANCE ITEM 9) Highway 99/Riego Road Interchange Doug Gault, Director of Public Works, reviewed the staff report regarding funding of the Highway 99/Riego Road Interchange Project. Mr. Gault explained the proposed two resolutions authorize three agreements. He said Amendment No. 1 to Cooperative Agreement No. 03-0374 with CalTRANS authorizes the use of approximately $800,000 of Federal Demonstration funds for environmental mitigations costs. He said Cooperative Agreement No. 03-0455 with CalTRANS authorizes approximately $3.0 million for constructions costs. Mr. Gault said the Highway 99/Riego Road Interchange Funding and Reimbursement Agreement with the Sutter Pointe Group provides for the payment to Sutter County of the Federal Demonstration Funds used. Supervisor Montna said once the intersection is built, it will make the road safer for Sutter and Yuba County residents. He voiced support of the Project and said the goal is to remove the existing stop lights on Highway 99. Supervisor Munger voiced support of the Project. Supervisor Whiteaker said he will support the Project and this is a great way to utilize these funds. He said a good partnership between entities has enabled the County to get to this point in the Project. Barbara LeVake, Yuba City, urged the Board to support staff recommendations. She thanked the Board for their comments and said this interchange is long overdue.
On motion of Supervisor Munger, seconded by Supervisor Montna and carried by those present, the Board adopted the following two resolutions approving three agreements related to the Highway 99/Riego Road Interchange and authorized the Chairman of the Board of Supervisors to sign the agreements after full execution by the Sutter Pointe Group: RESOLUTION NO. 10-062, A RESOLUTION OF THE BOARD OF SUPERVISORS AUTHORIZING THE EXECUTION OF THE HIGHWAY 99/RIEGO ROAD INTERCHANGE FUNDING AND REIMBURSEMENT AGREEMENT WITH THE SUTTER POINTE GROUP (A10-160), was adopted on motion of Supervisor Munger, seconded by Supervisor Montna and carried by those present as appears of record in the office of the Clerk of the Board in Resolution Book 57 at Page 83 to which record reference is hereby made a part hereof; and RESOLUTION NO. 10-063, A RESOLUTION OF THE BOARD OF SUPERVISORS AUTHORIZING THE EXECUTION OF THE STATE/COUNTY COOPERATIVE AGREEMENT AMENDMENT NO. 03-0374 A1 WITH CALTRANS (A10-161) AND COOPERATIVE AGREEMENT NO. 03-0455 WITH CALTRANS (A10-162), was adopted on motion of Supervisor Munger, seconded by Supervisor Montna and carried by those present as appears of record in the office of the Clerk of the Board in Resolution Book 57 at Page 84 to which record reference is hereby made a part hereof. PUBLIC HEARING 10) This having been heretofore fixed as the date, time, and place to hold a Public Hearing to introduce an ordinance of the County of Sutter amending the Sutter County Ordinance Code, replacing Chapter 1137, Use Restrictions on Commercial Vehicles and deleting Chapter 910, Regulating the Use of Unimproved County Highways; Certificate of Publication being on file in the office of the Clerk of the Board, the matter was called to be heard. Doug Gault, Director of Public Works, reviewed the staff report and gave an overview of the proposed ordinance. He explained the main change proposed to the Code is to add the requirement that persons using commercial vehicles greater than 14,000 pounds on a recurring basis be required to obtain a permit from the County that would establish mitigation of the local roads used. Mr. Gault said agricultural hauling would be exempt from this permit requirement. He said the proposed ordinance also includes minor changes to the current Code; one of which is a change in overnight parking of commercial vehicles in residential areas be reduced from a 14,000 pound limit to a 10,000 pound limit.
Supervisor Montna voiced concern that someone with a service vehicle or an oversized truck might go over the proposed 10,000 pound limit and not be allowed to park in their residential neighborhood. Mr. Gault said there are ways in which this can be handled; perhaps through the permit process. (Supervisor Gallagher arrived at the meeting at 7:25 p.m.) Mr. Gault said although the staff report asks that a Public Hearing be held for this item, he does not believe it is required. Ronald Erickson, County Counsel, said because this item was agendized as a Public Hearing, he recommends that a Public Hearing be held. Chairman Cleveland opened and closed the Public Hearing with no testimony being heard. On motion of Supervisor Montna, seconded by Supervisor Munger and unanimously carried, the Board introduced an ordinance of the County of Sutter amending the Sutter County Ordinance Code, replacing Chapter 1137, Use Restrictions on Commercial Vehicles and deleting Chapter 910, Regulating the Use of Unimproved Highways, waived the full reading of the ordinance and instructed 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 1137 Relating to Use Restrictions on Commercial Vehicles. CORRESPONDENCE Miscellaneous correspondence was noted and filed. PUBLIC COMMENT There were no comments from those in the audience. OTHER BUSINESS BOARD OF SUPERVISORS On motion of Supervisor Gallagher, seconded by Supervisor Munger and unanimously carried, the Board adjourned in memory of Bill Hunter and directed a letter of condolence be sent to his family. On motion of Supervisor Montna, seconded by Supervisor Whiteaker and unanimously carried, the Board adjourned in memory of Mildred Morrison and directed a letter of condolence be sent to her family.
On motion of Supervisor Montna, seconded by Supervisor Munger and unanimously carried, the Board adjourned in memory of William Dub McFarland and directed a letter of condolence be sent to his family. On motion of Supervisor Whiteaker, seconded by Supervisor Munger and unanimously carried, the Board adjourned in memory of Gigi Cartoscelli-Purdie and directed a letter of condolence from the full Board be sent to her family. On motion of Chairman Cleveland, seconded by Supervisor Munger and unanimously carried, the Board adjourned in memory of Margie Mattingly and directed a letter of condolence be sent to her family. Supervisor Whiteaker said he and Chairman Cleveland participated in the National Let s Make a Difference Day held last Saturday. He said volunteers worked together on home improvements in the Park Avenue School area. Supervisor Whiteaker thanked the City of Yuba City for sponsoring this event in our area and thanked Home Depot for their donations. Supervisor Whiteaker reminded everyone that the Sikh Parade is Sunday, November 7, 2010. He spoke of the Sri Guru Granth Sahib Week which will be from November 1, 2010 through November 7, 2010 and encouraged everyone to come out and support this great community event. Supervisor Whiteaker said this Thursday, October 28, 2010, Sacramento Area Council of Governments is sponsoring a Metropolitan Transportation Plan Workshop at 6:00 p.m. at the Feather River Academy. Chairman Cleveland spoke about the Let s Make a Difference Day event and said the neighborhood looks great. He said there were at least 100 volunteers, who worked very hard, and was a great event. With no further business coming before the Board, the meeting was adjourned at 7:35 p.m. ATTEST: DONNA M. JOHNSTON, CLERK OF THE BOARD By: Lisa Bush, Deputy STANLEY CLEVELAND, JR. CHAIRMAN