All meetings are located at:

Yuba County Government Center

915 Eighth Street, Board Chambers

Marysville, California

      unless otherwise indicated

Agenda materials are available at the Yuba County Government Center, 915 8th Street, the County Library, 303 Second Street, Marysville, and Any disclosable public record related to an open session item and distributed to all or a majority of the Board less than 72 hours prior to the meeting are available for public inspection at Suite 109 of the Government Center during normal business hours.

September 9, 2008

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 Nicoletti

II.                  ROLL CALL - Supervisors Logue, Nicoletti, 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.       Approve Subordination of Option to Repurchase as it relates to Capitol Sand and Gravel Company, Yuba County Airport Industrial Park 3, 4709 Skyway Drive, Olivehurst, and authorize Chairman to execute same. (08-474)

B.      Agricultural Commissioner

1.       Authorize expenditure in an amount not to exceed $3,500 from the Fish and Game Trust Fund to host the annual Junior Pheasant Hunt. (Fish and Game Advisory Commission recommends approval) (08-475)

C.      Auditor-Controller

1.       Authorize Auditor-Controller to refund $67,768 to Federal Emergency Management Agency and State of California for the 1997 flood disaster.

2.       Adopt resolution fixing special tax rates for county, school district indebtedness. (08-477)

3.       Adopt resolution fixing general county wide tax rate. (08-478)

4.       Adopt resolution adopting budget for Fiscal Year 2008/2009. (08-479)

D.      Clerk of the Board of Supervisors

1.       Reappoint Ms. Cynthia Paloma to the Brownsville Cemetery District for a term to expire August 8, 2012. (08-480)

2.       Reappoint Ms. Shiela Lancieri to the Browns Valley Cemetery District for a term to expire August 22, 2012. (08-481)

3.       Reappoint Mr. Raymond Bradley to the Peoria Cemetery District for a term to expire September 9, 2012. (08-482)

4.       Appoint Ms. Ruth Criddle to the Area 4 Agency on Aging Governing Board for a term to expire September 9, 2011. (08-483)

5.       Appoint Ms. Inger K. Price to the Yuba County Library Advisory Commission as the District Three Representative for a term to run concurrent with the Supervisor. (08-484)

6.       Approve minutes of the regular meetings of August 12 and 19, and budget hearings of August 12, 2008.

7.       Appoint Ms. Denice Burbach to the Yuba Sutter Child Care Planning Council for a term to expire September 30, 2010. (08-485)

E.       Clerk-Recorder/Elections

1.       Adopt resolution consolidating elections for November 4, 2008 General Election called by school districts, special districts, and cities. (08-486)

F.       Community Development and Services

1.       Adopt resolution authorizing the purchase of real property for the future Feather River Boulevard Park and Ride lot and authorize Chairman to execute all necessary documents. (08-487)

2.       Approve Amendment No. 3 to the Amendment for Professional Services dated July 1, 2006 between the County of Yuba and Fred Yeager, Consultant. (08-488)

G.      Emergency Services

1.       Adopt resolution adopting County of Yuba Operational Area Emergency Operations Plan. (08-489)

H.      Health and Human Services

1.       Approve agreement with Glenn County to provide Child Welfare Services/Case Management System staff training for the term of July 1, 2008 through June 30, 2009 and authorize Chairman to execute same. (08-490)

2.       Approve submission of System Improvement Plan from Children's Services to the California Department of Social Services. (08-491)

3.       Authorize Budget Transfer in the amount of $2,500 from Account No. 106-4700-441-28-00 (Special Department Expense) to Account No. 106-4700-441-62-00 (Fixed Assets)  for purchase of two laptop computers to be utilized in the Departmental Operations Center. (08-492)


A.      Present Proclamation recognizing the 2008/2009 Yuba Sutter United Way Campaign. (08-493)

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.


A.      Administrative Services

1.       Adopt resolution authorizing Joint Occupancy Agreement, Transfer Agreement and Memorandum of Joint Occupancy Agreement with the Administrative Office of the Courts and authorize Chairman to execute same. (08-494)

B.      Emergency Services

1.       Receive information regarding Myrna fire. (No Background Material) (08-495)

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 issues you or someone else 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.      Ordinance - Hold public hearing, waive reading, and introduce ordinance amending Title XIII of the Yuba County Ordinance Code by adding Chapter 13.80 relating to Deferral of Certain Impact Fees. (First Reading) (Continued from August 12, 19 and 26, 2008) (Five minute estimate) (08-437)



A.  Receive update on Department of Water Resources Preliminary 100 and 200 year floodplain maps developed pursuant to Senate Bill 5 - Community Development and Services Agency (Five minute estimate) (No Background Material) (08-497)

IX.                CORRESPONDENCE (08-496)

X.                  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.

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

A.      Conference with Real Property Negotiator pursuant to Government Code §54956.8 - Property: Griffith Avenue and Erle Road Negotiating Parties: County of Yuba,  Doug McCoy and Tim and Tom Inderbitzen Negotiation: Amount and Terms of Payment.


B.       Pending litigation pursuant to Government Code 54956.9(a) - Farmers Insurance Exchange vs. County of Yuba.

XII.             RECESS






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.