The County of Yuba



 B O A R D OF S U P E R V I S O R S   - AGENDA                                                               




December 14, 2004


All meetings are located at:

Yuba County Government Center

Board Chambers

915 Eighth Street, Suite 109A

Marysville, California

unless otherwise indicated.

8:30 A.M.              YUBA COUNTY WATER AGENCY

9:30 A.M.              YUBA COUNTY BOARD OF SUPERVISORS - Welcome to the Yuba County Board of Supervisors meeting.  As a courtesy to others, please turn off cell phones, pagers, or other electronic devices, which might disrupt the meeting. Thank you.

I.                     PLEDGE OF ALLEGIANCE - Led by Supervisor Logue

II.                   ROLL CALL - Supervisors Logue, Simmons, Griego, Schrader, Stocker

III.                 CONSENT AGENDA: All matters listed under the Consent Agenda are considered to be routine and can be enacted in one motion.

A.      Administrative Services

1.        Declare surplus property and declare date of December 18, 2004 for public auction. (04-521)

2.        Approve Airport lease with ACE Composites, Inc. and authorize Chairman to execute same. (Public Facilities Committee Recommends Approval) (04-522)

3.        Authorize participation in 2005 California State Fair Counties Exhibit; authorize award of any premium monies to exhibit builder, Marysville Future Farmers of America; and appoint Airport Manager as official county representative. (04-523)

B.       Clerk of the Board of Supervisors

1.        Adopt list of ongoing boards, commissions, and committees appointed by the Board of Supervisors. (04-524)

C.       Community Development

1.        Adopt two resolutions authorizing acceptance of funds from State Water Resources Control Board to remediate petroleum contamination at 121 Sixth Street and 3260 Feather River Boulevard. (Land Use and Public Works Committee Recommends Approval) (04-525)

D.      County Administrator

1.        Approve Amendment to Agreement with Planwest Partners for consulting services to complete an Olivehurst Community Action Plan and authorize Chairman to execute all associated documents.  (Finance and Administration Committee Recommends Approval) (04-526)

E.       Health and Human Services

1.        Approve Memorandum of Understanding with City of Marysville granting Community Development Block Grant funds for provision of services under Senior Nutrition Access Card Program and authorize Chairman to execute same. (04-527)

F.       Public Works

1.        Adopt resolution vacating a portion of 1870 location of "Wheatland Road" and approving Final Map of Tract No. 2004-25 (River Glen - Unit 2), and authorize Chairman to execute associated Subdivision Map Improvement Agreement. (04-528)

2.        Adopt resolution approving Final Map for Tract No. 2003-19 (Riverside Meadows Village 1) and authorize Chairman to execute associated Subdivision Map Improvement Agreement. (04-529)

3.        Adopt resolution approving Final Map for Tract No. 2004-35 (Edgewater Unit 9) and authorize Chairman to execute Subdivision Map Improvement Agreement. (04-530)

G.       Risk Management/Personnel

1.        Approve Catastrophic Leave Request for an employee within Department of Child Support Services. (04-531)

H.      Sheriff-Coroner

1.        Authorize appropriation of funds in the amount of $34,000 to Account No. 108-2700-422-28-00 (Special Department Expense) and Account No. 108-2700-422-6200 (Fixed Assets) to purchase equipment for crime scene investigation. (04-532) (Law and Justice Committee Recommends Approval)

2.        Authorize Yuba County Office of Education to provide general adult education services to prisoners at Yuba County Jail and authorize Chairman to execute Memorandum of Understanding upon approval of County Counsel. (04-533)

I.         Sutter-Yuba Local Child Care Planning Council

1.        Approve Certificate Statement regarding composition of Local Planning Council membership and authorize Chairman to execute same. (04-534)


A.      Receive departmental update from Child Support Services Director Michael Testerman. [Ten minute estimate]

B.       Receive departmental update from Chief Probation Officer Steve Roper. [Ten minute estimate]

C.       Receive departmental update from Treasurer and Tax Collector Jim Kennedy. [Ten minute estimate]

V.                   PUBLIC COMMUNICATIONS: Any person may speak about any subject of concern, provided it is within    the jurisdiction of the Board of Supervisors and is not already on today's agenda.  The total amount of time allotted for receiving such public communication shall be limited to a total of 15 minutes and each individual or group will be limited to no more than 5 minutes.  Prior to this time speakers must fill out a "Request to Speak" card and submit it to the Clerk of the Board of Supervisors. Note:  No Board action can be taken on comments made under this heading.

VI.                 COUNTY DEPARTMENTS

A.      Administrative Services

1.        Approve amendment to agreement with E Street MX, Inc. allowing a motocross event prior to meeting conditional use permit requirements and authorize Chairman to execute same. [Three minute estimate] (04-535)

B.       County Administrator

1.        Direct staff as to position on alternatives presented as it relates to Reclamation Board Levee Permit Special Conditions. [Ten minute estimate] (04-520) (Continued from December 7, 2004)

C.       Library

1.        Authorize Budget Transfer in the amount of $79,697 from Auditor Suspense Fund #171 to Account No. 259-0000-371-98-99 (Library Gift Trust Fund) to benefit from accruing interest on Feldman Estate funds. [Five minute estimate] (04-536)

D.      Public Works

1.        Adopt resolution certifying final Environmental Impact Report; adopt Findings of Fact, Statement of Overriding Considerations and mitigation monitoring plan for the Algodon Road/Route 70 Interchange. [Ten minute estimate] (04-537)

E.       Treasurer-Tax Collector

1.        Authorize Budget Transfer in the amount of $22,000 from Account No. 101-0000-371-8000 (Fees) to various line items for the hire of an Account Assistant I/II position to administer collection of the Resource Depletion Surcharge.

(Finance and Administration Committee Recommends Approval) [Five minute estimate] (04-538)

2.        Provide staff direction regarding proposed delinquent cost charge increase from $10 to $20 and take action as appropriate. [Five minute estimate] (04-539)

VII.               ORDINANCES AND PUBLIC HEARINGS: If you challenge in court the action or decision of the Yuba County Board of Supervisors regarding a zoning, planning, land use or environmental protection matter made at any public hearing described in this notice, you may be limited to raising only those issue you or someone raised at such public hearing, or in written correspondence delivered to the Yuba County Board of Supervisors at, or prior to, such public hearing.

A.      Public Hearing - Hold public hearing and approve submittal of Final Grantee Performance Report and related documents relative to Economic Development Block Grant 01-EDBG-820. [Five minute estimate] (04-540)

B.       Public Hearing - Hold public hearing, adopt resolution  approving General Plan Amendment TSTM 2003-0007, Tentative Subdivision Tract Map TSTM 2003-0041, Change of Zone CZ 2003-0006, and Conditional Use Permit CUP 2003-0022 (Ryan). [Thirty minute estimate]



A.      Correspondence - (04-542)

IX.                BOARD AND STAFF MEMBERS’ REPORTS: This time is provided to allow Board and staff members to report on activities or to raise issues for placement on future agendas.

X.                  CLOSED SESSION: Any person desiring to comment on any matter scheduled for this closed session may address the Board at this time.

A.      Personnel pursuant to Government Code §54957 - Department Head Evaluation/Clerk of the Board of Supervisors

B.       Personnel pursuant to Government Code §54957 - Department Head Evaluation/Health Officer

C.       Personnel pursuant to Government Code §54957 - Department Head Evaluation/Library Director


A.      ORDINANCE AND PUBLIC HEARINGS: Public Hearing - Hold public hearing, adopt resolution adopting Negative Declaration and 2003-2008 Housing Element of the Yuba County General Plan (General Plan Amendment 2004-2006); waive reading and adopt ordinance amending sections to Title XII relating to minimum residnetial densities in the multifamily and commercial zones.

XII.              ADJOURN



12-14-04 Agenda






12/14/04 11:00 A.M.          Finance and Administration Committee - (Supervisors Simmons and Griego - Alternate Supervisor Schrader)

A.      Consider the 2005 Economic Development Strategic Plan - County Administrator

12/14/04 11:10 A.M.          Public Facilities Committee - (Supervisors Griego and Logue - Alternate Supervisor Stocker)

A.      Consider lease with Union Pacific Railroad for two parcels of land used for parking - Administrative Services

12/14/04 11:20 A.M.          Land Use and Public Works Committee - (Supervisors Stocker and Logue - Alternate Supervisor Simmons)

A.      Consider Plumas Lake Specific Plan Road Fee Nexus Study update - Public Works

B.       Consider Cobblestone Subdivision enhanced streetlights and landscaping proposal - Public Works

C.       Consider off-the-leash dog park - Off The Leash

12/14/04 5:00 P.M.             Wheatland City/County Liaison Meeting - CANCELLED - (Supervisors Stocker and Griego - Alternate Supervisor Logue)


In compliance with the American with Disabilities Act, the meeting room is wheelchair accessible and disabled parking is available. If you have a disability and need disability-related modifications or accommodations to participate in this meeting, please contact the Clerk of the Board's office at (530) 749-7510 or (530) 749-7353 (fax).  Requests must be made one full business day before the start of the meeting.


To place an item on the agenda, contact the office of the Clerk of the Board of Supervisors at (530) 749-7510.











PUBLIC COMMUNICATIONS:  Members of the public shall be allowed to address the Board of Supervisors on items not appearing on the agenda which are of interest to the public and are within the subject matter jurisdiction of the Board, provided that no action shall be taken unless otherwise authorized by law.  The total amount of time allotted for receiving such public communication shall be limited to a total of 15 minutes and each individual or group will be limited to no more than 5 minutes.


AGENDA ITEMS:  The opportunity of the public to be heard on an item shall be provided during the consideration of that item. In the interest of time, the Board has limited the length of such comment or input on each item to 15 minutes total, with a limit of no more than 5 minutes per person or group.  The period for public comments on a particular item may be extended upon a majority vote of the Board.  These time limits do not apply to applicants appearing before the Board on behalf of their applications.


ACTION ITEMS: All items on the Agenda under the headings “Consent,” “County Departments,” Ordinances and Public Hearings,” “Items of Public Interest,” and “Closed Session,” or any of them, are items on which the Board may take any action at this meetings.


PUBLIC HEARINGS:  All members of the public shall be allowed to address the Board as to any item which is noticed on the Board's agenda as a public hearing.  The Board has limited each person or group input to no more than 3 minutes.  Any person or group may provide the Board with a written statement in lieu of or in supplement to any oral statement made during a public hearing.  Written statements shall be submitted to the Clerk of the Board.


ORDINANCES:  Ordinances shall not be passed within five days of their introductions, nor at other than a regular meeting or at an adjourned regular meeting.  The Board of Supervisors will address ordinances at first readings.  The public is urged to address ordinances at first readings. Passage of ordinances will be held at second readings, after reading the title, further reading is waived and adoption of the ordinance is made by majority vote. An urgency ordinance may be passed immediately upon introduction. The Board reserves the right to amend any proposed ordinances and to hold a first reading in lieu of a second reading.


INFORMATIONAL CORRESPONDENCE:  The Board may direct any item of informational correspondence to a department head for appropriate action.


SCHEDULED LUNCH BREAK:  Between the hours of 12:00 noon and 1:00 p.m. and at the discretion of the Chair, the Board will recess one hour for lunch.


SPECIAL MEETINGS:  No public comment shall be allowed during special meetings of the Board of Supervisors, except for items duly noticed on the agenda.


PUBLIC INFORMATION:  Copies of §6.7 shall be posted along with agendas.