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.

November 18, 2008



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 Stocker

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 final Counties Annual Facilities Payment (CFP) to be paid to the Administrative Office of the Courts and authorize Chairman to execute letter to Administrative Office of Courts. (08-604)

B.      Clerk of the Board of Supervisors

1.       Reappoint Mr. Robert Bradshaw to the Wheatland Cemetery District for a term to expire November 18, 2012. (08-605)

2.       Appoint Ms. Ymelda Mendoza-Flores to the Child Care Planning Council as the Parent Consumer for a term to expire on September 30, 2010. (08-606)

3.       Approve minutes from the regular meetings of October 21 and October 28, 2008 and workshop of November 6, 2008.

C.      Community Development and Services

1.       Approve agreement with Wesley Dale Everett for caretaker services at Hammon Grove Park for a term of six months and authorize Chairman to execute same. (08-607)

D.      County Administrator

1.       Authorize a Budget Transfer in the amount of $777 from various line items to 101-1700-411-62-00 (Fixed Assets) for the purchase of one (1) ergonomic chair. (08-609)

2.       Approve Memorandum of Understanding with Yuba-Sutter Chamber of Commerce for Regional Tourism Program and authorize Chairman to execute same.  (08-610)

3.       Authorize out-of-state travel for County Administrator Robert Bendorf and Supervisor Mary Jane Griego to receive 2008 Far West Deal of the Year Award in New York on December 3, 2008. (08-630)


E.       Health and Human Services

1.       Adopt resolution authorizing agreement with California Department of Public Health for Emergency Preparedness and Pandemic Influenza funds and authorizing Chairman to execute documents as required by grant, and accepting funds. (Health and Human Services committee recommends approval)  (08-613)

F.       Personnel/Risk Management

1.       Approve agreement with CSAC Excess Insurance Authority to extend participation in the Medical Malpractice Program to October 1, 2010 and authorize Chairman to execute same.  (08-614)

G.      Sheriff-Coroner

1.       Approve agreement with the United States Department of Agriculture, Tahoe National Forest to provide enforcement services to fight controlled substances on Unites States Forestland and authorize Chairman to execute same.  (08-615)


2.       Approve Intergovernmental Service Agreement with the United States Department of Homeland Security Immigration and Customs Enforcement for the housing of federal detainees. (08-632)


A.      Presentations to Supervisor Dan Logue recognizing County service. (No background material)

B.      Present proclamation to University of California, Davis recognizing their Centennial Anniversary. (Five minute estimate) (08-616)

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.      Board of Supervisors

1.       Adopt a resolution appointing a Board of Supervisors representative to the Board of Directors for Three Rivers Levee Improvement Authority (TRLIA appointment). (Five minute estimate) (08-617)

B.      Community Development and Services

1.       Award contract to Knife River Construction, the apparent low bidder, for Arboga Road Emergency Repair Project and authorize Chairman to execute same upon review and approval of County Counsel. (08-608)

C.      County Administrator

1.       Approve $70,000 from the Economic Development Block Grant Loan Program towards the California Innovation Center as a joint share with the County of Sutter.  (08-611)

2.       Approve amendment to agreement with M.M. Rosenberg and Associates to extend contact for professional services and authorize Chairman to execute same. (Five minute estimate) (08-612)

D.      Health and Human Services

1.       Approve Memorandum of Understanding between the County's Health and Human Services Department and its Office of Emergency Services for administration of Hospital Preparedness Program Funds and authorize Chairman to execute same. (Ten minute estimate)  (08-618)

2.       Approve application for county participation in the Medicare Program and letter of legal and financial responsibility and authorize Chairman to execute same. (Five minute estimate)  (08-619)

E.       Emergency Services

1.       Adopt resolution authorizing Director of Emergency Services to execute and submit an application for Fiscal Year 2008-2009 Hospital Preparedness Program Grant and follow through thereon; and authorize Budget Transfer in the amount of $59,915 from Account No. 101-0000-361-58-06 to Account No. 101-4200-421-28-04 to facilitate grant. (Ten minute estimate)  (08-620)


F.       Personnel/Risk Management

1.       Adopt resolutions amending the Departmental Position Allocation Schedule and the Classification System-Basic Salary/Hourly Schedule as they relate to Management Analyst I/II, Fleet Services Coordinator, and Principal Management Analyst effective December 1, 2008. (Finance and Administration Committee recommends approval) (Ten minute estimate)  (08-621)


A.      Consider request from Foothill Development Partners Inc. for a refund of permit fees in the amount of $15,417.50 related to Tentative Subdivision Tract Map No. 2006-0010 and Planned Unit Development 2006-0001(Stoney Brooke) and deny the request based on County Counsel advise that such refund would be a violation of the California Constitution as a gift of public funds. (Fifteen minute estimate) (08-624)

VIII.           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.      Public Hearing - Hold public hearing and adopt findings of fact, conclusions of law and orders authorizing the assessment of administrative and abatement costs and penalties in the amount of $15,722.14 and the recording of a lien regarding property located at 3183 Bradshaw Road, Wheatland (Rasul, Bashir Mohammad). (Ten minute estimate)  (08-623)

B.      Ordinance - Hold public hearing, waive reading, and reintroduce ordinance repealing and re-enacting as amended Chapter 11.25 of Title XI of the Yuba County Ordinance Code relating to Grading, Drainage and Erosion Control. (First Reading) (Continued from October 28, 2008) (Ten minute estimate) (08-592)

C.      Ordinance - Hold public hearing, waive reading, and adopt ordinance adding Section 13.76 to Title XIII of the Yuba County Ordinance Code relating to Levee Fees. (Second Reading) (Continued from October 28, 2008) (Ten minute estimate) (08-593)



1)  Provide staff direction regarding Credit and Reimbursement Policy Document and authorize County Administrator to negotiate terms of development agreements within policies. (Ten minute estimate)

D.      Public Hearing - Consider record appeal of Planning Commission decision on the Environmental Impact Report for County Club Estates and take action as appropriate; and

1)    Hold public hearing and consider resolutions approving General Plan Amendment 2006-0004, Specific Plan Amendment 2006-0005, and Tentative Subdivision Tract Map 2006-0024, and ordinance regarding Change of Zone 2006-0005 (Country Club Estates - JTS Communities, Inc.) and take action as appropriate. (Sixty minute estimate)  (08-622)

IX.                CORRESPONDENCE - (08-625)

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.

3:30 P.M.


A.      Community Development and Services

1.     Provide direction to staff regarding the refinement of the General Plan Update Land Use Alternatives. (One hour estimate) (08-631)

XII.             ADJOURN





1:00 P.M.              Land Use and Public Works Committee - (Supervisors Logue and Stocker - Alternate Supervisor Nicoletti)

A.      Consider vacation of portions of Country Club Drive, Anderson Avenue, Broadway Road, Plumas Avenue, Murphy Road, Unnamed Road "A", Unnamed Road "B", Unnamed Road "C" and Virginia Avenue for the construction of new setback levee - Community Development and Services/Public Works (Five minute estimate) (08-626)

B.      Consider purchase and installation of radar speed signs near Olivehurst Elementary and Yuba Gardens Middle Schools - Community Development (Five minute estimate) (08-627)

                                Human Services Committee - (Supervisors Stocker and Griego - Alternate Supervisor Nicoletti)

A.      Consider contract for the provision of public health laboratory services with Placer County commencing July 1, 2008 through June 30, 2013 - Health and Human Services (Five minute estimate) (08-628)

                                Public Facilities Committee - (Supervisors Griego and Stocker- Alternate Supervisor Logue)

A.      Consider an ordinance repealing and re-enacting as amended Chapter 2.110 of Title II of the Yuba County Ordinance Code regulating the public use of the Yuba County Airport - Administrative Services (Five minute estimate) (08-629)

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.