january 11, 2021 amended

APPGG AGENDA January 11, 2021

AGENDA SUMMARY

Mat Conant, Supervisor, District 5

Dan Flores, Alternate, District 2 Mike Ziegenmeyer, Alternate, Dist. 3

AGRICULTURE/PUBLIC

PROTECTION AND GENERAL

GOVERNMENT COMMITTEE

The agenda and staff reports are posted on the Sutter County Website at:

http://suttercountyca.iqm2.com/Citizens/Default.aspx Agenda items are available for review at the Agricultural Department

located at 142 Garden Highway, Yuba City, during normal business hours

JANUARY 11, 2021

AMENDED 3:30 PM

1160 CIVIC CENTER BLVD., SUITE A YUBA CITY, CA

Members of the public will be provided an opportunity to address the Committee on items of interest to the public that are within the subject matter jurisdiction of the Committee. Any member of the audience who may wish to bring something before the Committee that has not been agendized may do so at that time; however, State law provides that no action may be taken on any item not appearing on the posted Agenda. The Governor has declared a State of Emergency to exist in California as a result of the threat of COVID-19 (Coronavirus). The Governor also issued Executive Order N-25-20, which directs Californians to follow public health directives including canceling large gatherings. The Executive Order also allows local legislative bodies to hold meetings via conference calls while still meeting state transparency requirements. The Public is not permitted to attend in person. Public comments can be emailed to ([email protected]) before the meeting, and your comments will be read aloud by the Clerk. Please identify the Agenda item you wish to address in your comments. At this time, comments cannot be taken during the meeting.

Clerk-Recorder

Donna Johnston, County Clerk-Recorder

1) Adoption of a resolution establishing a Record Retention and Destruction Schedule for the Clerk-Recorder, Clerk of the Board and Elections Departments.

2) Approval of revisions to Board Rules of Procedures Policy 309 for Assistant CAO Approval and Department Head Authority to Apply and Accept Grants under Certain Conditions.

County Administration Office

Steven M. Smith, County Administrative Officer

3) Approve the Second Amendment to Agreement with Sutter County Superintendent of Schools for a Child Care Reimbursement Program.

http://suttercountyca.iqm2.com/Citizens/Default.aspx

APPGG AGENDA January 11, 2021

Fire Services

John Shalowitz, Fire Services Manager

4) Approval of an amendment to Fiscal Year 2020-21 Budgets for County Service Area-C (0-309) and County Service Area-D (0-311) in the amount of $1,200.00 each to account for a price increase to the Extrication Tool Capital Assets allocated for both budgets. (4/5 vote required) (BTV pending).

Requests for assistive listening devices or other accommodations, such as interpretive services, should be made through the Agricultural Commissioner’s Office at (530) 822-7500. Requests should be made at least 72 hours prior to the meeting. Later requests will be accommodated to the extent feasible.

Agenda Date: January 11, 2021

AGRICULTURE, PUBLIC PROTECTION AND GENERAL GOVERNMENT COMMITTEE Standing Committee Staff Report

To: Agriculture, Public Protection & General Government Committee

From: Donna M. Johnston, Clerk Recorder

Department: Clerk of the Board

Subject: Adoption of a resolution establishing a Record Retention and Destruction Schedule for the Clerk-Recorder, Clerk of the Board and Elections Departments.

Recommendation: It is recommended the Board of Supervisors adopt a resolution establishing a record retention and destruction schedule for the Clerk-Recorder, Clerk of the Board, and Elections departments Background: The Clerk-Recorder is updating and combining its records retention schedules into one unified document for all divisions of the Clerk-Recorder’s office. This will establish a records management policy for the orderly retention, preservation, or disposal of documents. To support this process, the Clerk-Recorder requests authority for the destruction of documents when they are no longer needed. Under California law, documents no longer needed may be destroyed if approved by the Board of Supervisors. The Clerk Recorder recommends that destruction be authorized for selected records after the end of the retention period listed in Exhibit A to the attached resolution. The exhibit retention periods are based upon minimum retention times as required by state and federal regulations for selected types of records that are currently maintained by the divisions of the Clerk-Recorder’s office. Prior Board Action: The Board has adopted similar resolutions regarding records retention schedules for other Sutter County departments in the past. Board Alternatives: The Board could opt to deny the request and the Clerk-Recorder’s divisions will continue to incur charges for the storage of the records. Other Department and/or Agency Involvement: No other departments were involved. Action Following Approval: Adoption of this policy will allow for more efficient and economical records management and the routine destruction of unnecessary documents.

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Fiscal Impact: There is minimal fiscal impact involved in the destruction of the records as staff time is included in the Fiscal Year 2020-21 Adopted Budget. There will be a reduction in storage costs for unneeded records. Countywide Goals and/or Top Priorities Compliance: This agenda item complies with the following Countywide Goals and Top Priority: Goal A: Provides local government leadership which is open, responsive, ethical, inclusive, and transparent, while recognizing and respecting legitimate differences of opinion. Goal B: Operate County Government in a fiscally and managerially responsible manner to ensure Sutter County remains a viable and sustainable community to live, work, recreate, and raise a family. Respectfully Submitted,

s/ Donna M. Johnston

Clerk Recorder

Attachments: 1. Destruction of Records Schedule - CLERK-RECORDER DIVISIONS RESOLUTION 2. Clerk-Recorder_COB_Elections Records Retention Schedule

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BEFORE THE BOARD OF SUPERVISORS OF THE

COUNTY OF SUTTER, STATE OF CALIFORNIA

RESOLUTION OF THE SUTTER COUNTY BOARD OF )

SUPERVISORS ESTABLISHING A RECORD RETENTION )

AND DESTRUCTION SCHEDULE FOR THE CLERK- ) RESOLUTION NO.

RECORDER, CLERK OF THE BOARD AND ELECTIONS )

DEPARTMENTS )

WHEREAS, the County of Sutter (County) has an obligation to maintain County records in

accordance with government laws and regulations and accepted records management practices; and

WHEREAS, there are significant costs to maintaining records beyond their useful life as such

records otherwise take up space in the County’s offices; and

WHEREAS, the purpose of a retention schedule is to establish a pattern for the orderly transfer,

maintenance, and destruction of records on a continuing basis; and

WHEREAS, Section 26200 et seq. of the Government Code of the State of California provide the

relevant procedures for destroying County records; and

WHEREAS, pursuant to Section 26201 of the Government Code of the State of California the

Board may authorize destruction or disposition of any duplicate records, papers, or documents the original

or permanent photographic reproductions of which are in the files of any officer or department of the

County; and

WHEREAS, pursuant to Section 26205.1(a) of the Government Code of the State of California

the Board may delegate to County officers the authority to destroy any non-judicial public record, paper,

or document if the record, paper, or document is photographed, micro photographed, microfilmed, or

otherwise reproduced in accordance with State law; including, but not limited to, Section 12168.7 of the

Government Code; and

WHEREAS, pursuant to Section 26202 of the Government Code of the State of California the

Board may, by a four-fifths vote, authorize the destruction of records prepared or received pursuant to

state or federal statute where those records have been maintained for the required period of time and the

Board has determined the retention of those records is no longer necessary or required for County

purposes; and

WHEREAS, retention schedules are used by public entities across the State of California and are

an appropriate mechanism for the Board to proactively make the determination under Section 26202 of

the Government Code of the State of California as to when various categories of records will no longer be

necessary or required for County purposes and thereby improve the efficiency of records management;

and

WHEREAS, there are some County records that are required by law to be filed and preserved that

the Board may not authorize destruction of, and it is necessary and appropriate to identify those records

and how long they must be retained.

NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors for the County of Sutter

finds there is a need for an orderly and controlled plan for the retention and the systematic destruction of

certain department records and documents, which are no longer needed or required for County purposes.

The Sutter County Clerk-Recorder is hereby granted continuing authorization to retain and destroy the

records and documents in the possession of the Clerk-Recorder, Clerk of the Board and Elections

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Departments and described in the Record Retention and Destruction Schedule, attached hereto as Exhibit

A

PASSED AND ADOPTED by the Board of Supervisors of the County of Sutter, State of

California, this day of , 2021, by the following vote:

AYES:

NOES:

ABSENT:

________________________________

MAT CONANT, ACTING CHAIRMAN

BOARD OF SUPERVISORS

ATTEST:

DONNA M. JOHNSTON, CLERK

By_______________________________

Deputy

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Sutter County Clerk-Recorder/Clerk of the Board/Elections Retention Schedule 2020 Page 1

SUTTER COUNTY CLERK RECORDER

CLERK RECORDER CLERK OF THE BOARD REISTRAR OF VOTERS

Clerk-Recorder Retention Schedule

County Clerk Division

Title and Description of Records

Period of Retention

Applicable Law

Confidential Marriage Certificates (original licenses) Permanent

FC 511 FAMILY CODE 511 REQUIRES PERMANENT RETENTION. ORIGINALS MAY BE DESTROYED AFTER ONE YEAR IF THEY HAVE ALREADY BEEN IMAGED IN A TRUSTED FORMAT PER GOV CODE 26205. RECORDS MUST BE MAINTAINED AT COUNTY LEVEL VS. STATE LEVEL DUE TO CONFIDENTIAL NATURE.

Regular Public Marriage License Certificate (originals)

Original certificate forwarded to the State Registrar on a quarterly basis Permanent HSC 102355

Marriage License Application 2 years from date of issuance GC 26202

Applications with Credible Witness Forms 2 years

GC 26202; GC 26809

Applications with Court Orders Minor Marriage 2 years

FC 302 GC 26202; GC 26809

Passport Application Transmittals 24 months

US Passport Guidelines GC 26202

Fictitious Business Name Statements

4 years after statement expires

BPC 17927

Fictitious Business Name Statements (Statement of Abandonment) 4 years after statement expires

BPC 17927

Affidavit of Fictitious Business Name Publication 4 years after statement expires BPC 17927

Legal Document Assistant (LDA) Application

3 years following expiration date if scanned Retain scanned image for 10 years BPC 6403 (e)

Notary Journal Destroy 10 years from date records delivered to County Clerk and with court order GC 8209 (c)

Notary Oath (including revocation if applicable) 1 year after expiration of term GC 8213 (a)

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Period of Retention

Applicable Law

Oaths of Office and Revocations of Deputies (County Officials) 5 years after revocation GC 24102 (d)

Oath of Office—All County Employees Destroy without duplication, 5 years after termination of employee GC 3105 (f)

Process Server Certificate of Registration (including revocation)

3 years following expiration date if scanned Retain scanned image for 10 years BPC 22351 (c)

Professional Photocopier Application

3 years following expiration date if scanned Retain scanned image for 10 years

BPC 22452 (c)

Roster of Public Agencies (when Superseded) 2 years GC 26202

Sealing Notice Immediately after record is sealed

Public Health transmittal form; HSC 102685, 102795,103260, 103375, 103440, and 103449

Admitted Surety Insurer Power of Attorney 2 years GC 26202

Unlawful Detainer Assistant (UDA) Application

3 years following expiration date if scanned Retain scanned image for 10 years

BPC 6403 (e)

Vitals Division


Period of Retention

Applicable Law

Vital Record Certificates

• Birth

• Death

• Marriage (Public and Confidential)

Permanent State Registrar may cause to be destroyed

HSC 102235

Vital Record Copy Applications Birth Death Marriage (Public and Confidential) 2 years GC 26202

Vital Record Viewing Applications 2 years GC 26202

Index for Vital Record Permanent Department Policy

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Recorder Division


Period of Retention

Applicable Law

Building Contracts, Agreements, Specifications, Bonds

2 years after date of filing, may be returned by recorder to person filing. Destroy 5 years from date of filing; unless a written request of interest is received prior to date of scheduled destruction.

GC 27205

Indices

Permanent

GC 27328

Involuntary Lien Notices Returned as Undeliverable

None

GC 27297.5 (g)

Grantor/Grantee Index Permanent Department Policy

Document Rejection Letters 2 years GC 26202

Final Maps or Parcel Maps

Permanent

GC 66466 (e)

Official Records Permanent GC 27300

Preliminary 20 Day Notice Filing

2 years after date of filing

CIV 8214 (d)

Public Official Bonds for Elected Officials

Record bond; destroy 1 year after expiration of term

GC 1460.1

Published Tax Collectors Delinquent List of Tax Defaulted Properties

Destroy after 7 years from date of filing. RTC 3374

Recorded Documents—Undeliverable and Uncalled for

Destroy 10 years after date of recording Destroy after 2 years if recorded by permanent photographic means

GC 26205.6

UCC Financing Statement

1 year after effectiveness has lapsed

UCC 9522

Administration/Accounting Division


Period of Retention

Applicable Law

Grand Jury Reports

5 years (the copy placed on file with the currently impaneled grand jury)

PC 933 (c)

Inventories of County Property

5 years with BOS approval or destroy anytime if reproduced according to GC 26205.1

GC 24051

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Clerk of the Board Division


Period of Retention

Applicable Law

BOS Agendas, Packets, Minutes, Ordinances, Resolutions, and Legal Noticing Permanent

GC 25101, 25102, 25102.1, and 25105

AB 1234 Ethics Training Certificates

5 years

GC 53235.2

Appointed Bodies: Boards Committees and Commissions Agenda Packets and Minutes 2 years Department Policy

Appointed Bodies: Vacancy Notices, Applications, Rosters and Reports 5 years

GC 26202; GC 26205.1

Conflict of Interest – Economic Interest Statements: Statements of Economic Interest (Form 700), gift reporting (Form 801), agency report of new positions (Form 804), and Conflict of Interest codes 7 years GC 81009

Assessment Appeals: Applications, Agendas, Board hearing minutes, hearing exhibits, substitution of agent authorizations, findings, decisions, and related records, withdrawals, and activity reports 5 years after case is closed

GC 25105.5

Assessment Appeals: Claims for payment of AAB #1 Members (COB are copies; original to Auditor) 2 years

GC 26201; GC 26202

Public Records Requests

2 years

GC 26202

Annual Grand Jury Report Permanently PC 933 (c)

Open Claims Against the County Until Closed GC 25105.5

Closed Claims Against the County 5 Years after Final Action

GC 25105.5

Expense Claims BOS/COB purchases (COB are copies, Originals to the Auditor) 2 years

GC 26201; GC 26202

Correspondence not included in Agenda 2 years GC 26202

Abatement Appeals including Withdrawals 2 years GC 26202

Safety Records– includes inspections, training records, accident investigations, complaints 2 years GC 26202

Assessor Corrections to Rolls 8 years RTC 465

Agreements Permanent GC 26202

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Elections Division

Title and Description of Records Type of Election

Period of Retention

Applicable Law

Ballots: Voted

Federal State/Local Retirement Board

Destroy after 22 months Destroy after 6 months Destroy after 3 years Destroy after 3 years

USC 42, Sec 1974, EC 17301, EC17305 EC17302 (State or Local) Policy (Ret/Board)

Ballots: Spoiled


Destroy after 22 months Destroy after 6 months Destroy after 3 years Destroy after 3 years


Ballots: Cancelled


Destroy after 22 months Destroy after 6 months Destroy after 3 years


Ballots: Surrendered Absentee


Destroy after 22 months Destroy after 6 months Policy Policy


Ballot Receipts: Includes all unused ballots and receipts All Elections Destroy after 22 months EC 17301

Envelopes: Absentee Voter Identification


Destroy after 22 months Destroy after 6 months Policy


Envelopes: Provisional Federal State/Local

Destroy after 22 months Destroy after 6 months


Envelopes: Fail Safe Federal State/Local


USC 42, Sec 1974, EC 17301, EC17305 EC 17302 (State or Local) Policy (Ret/Board)

Absentee Voter Applications Federal State/Local


USC 42, Sec 1974, Policy

Roster: Roster of Voters that Voted All Elections Microfilm: Destroy Original after 5 years

EC 17300, EC 17303 and EC 17304

Indexes at Precinct: Street Indexes Federal State/Local


EC17303 EC17304

Indexes: Pursuant to EC 2180 N/A Recycle after 5 years EC 17001

Affidavits of Registration:

• Cancelled

• Inactive

• Microfilmed Originals

• Unresolved All Elections

Retain for 5 years Two Federal General Elections unless reinstated Retain permanently – Paper 5 years Destroy after 22 months

NVRA 1993, USC 42 SECI 1974, EC 17000 USC 42. SEC 1974

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Period of Retention

Applicable Law

Nomination Papers/Signature In-Lieu of: Nomination papers for all candidates, not just those elected N/A Destroy 4 years after term expires EC 17100

1% Tally Sheets Federal State/Local


EC 17303 EC 17304

Campaign Statements: Original Forms:

• Statements of Organizations,

• Registration Statements of Lobbyists,

• Original Campaign Statements of County Supervisors,

• Persons Holding Elective State Office, Candidates for any such offices,

• Committees supporting any such officeholder or candidate

• Any Committees supporting or opposing statewide measures All Elections Permanent Retention GC 81009(a)

Campaign Statements: Original Forms Original Campaign Statements of all other persons not mentioned in GC 81009 (a) All Elections Destroy after 7 years GC 81009(c)

Statements of Economic Interest Original Statements of Economic Interest of persons holding Statewide Elective Office All Elections Permanent Retention GC 81009(d)

Reports and Statements: Originals Original Reports and statements not specific by GC 8109009 (a)(b)(c) or (d) All Elections Destroy after 7 years GC 81009(e)

Reports and Statements: Copies Copies of reports and statements which do not need retention of more than one copy

All Elections Destroy after 4 years GC 81009(f)

Physical Inventory: Originals Declares stock of each type of ballot paper on hand N/A Send to Secretary of State EC 17300-17306

Physical Inventory – Copies Same as above N/A Destroy after 5 years EC 17300-17306

Applications for viewing voter files N/A Destroy after 22 months USC 42, Sec 1974

Correspondence Received Request to cancel registration or change of address, name, part, etc. N/A Destroy after 22 months USC 42, Sec 1974

Official Notices: Death Mental Incompetence Felony Listings N/A Destroy after 22 months USC 42, Sec 1974

VNC, ARC 8D(2) Cards (undeliverable) NCOA and All Reports N/A Destroy after 22 months USC 42, Sec 1974

VNC, ARC and 8D(2) Cards Returned to Election Offices by registrants responding to verification or confirmation mailings N/A Destroy after 2 years

USC 42, Sec 1974 NRVA 1993

Prior Registration Notice: Voter registration in another jurisdiction N/A Destroy after 22 months USC 42, Sec 1974

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Period of Retention

Applicable Law

Initiative Referendum Petition N/A

Destroy after 8 months after certification of the results of the elections for which the elections qualified for or if the measure is not submitted to the voters eight months after the final examination of the petition by the election official EC 17200

Recall Petition N/A

The election official or in the case of recall of a state officer, the Secretary of State officer, destroy 8 months after the results of the election for which the petition qualified or if no election is held, 8 months after the election official’s final examination of the petition. EC 17400

*In the event there is a missing item in this list, the Clerk-Recorder Divisions will retain or destroy depending on the applicable code with the understanding that Federal/State law supersedes this retention schedule and will be followed.

Retention Codes

AC Administrative Code

BPC Business and Professions Code

CIV Civil Code

EC Elections Code

FC Family Code

GC Government Code

HSC Health and Safety Code

NVRA National Voter Registration Act

PC Penal Code

RTC Revenue and Taxation Code

UCC Uniform Commercial Code

USC United States Code

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From: Donna M. Johnston, Clerk Recorder

Department: Clerk of the Board

Subject: Approval of revisions to Board Rules of Procedures Policy 309 for Assistant CAO Approval and Department Head Authority to Apply and Accept Grants under Certain Conditions.

Recommendation: It is recommended that the Board of Supervisors (Board) approve revisions to Board Rules of Procedures Policy 309, Rule 35 – Standing Committees, to

1. Allow the Assistant County Administrator to approve Standing Committee agenda processes in the absence of the County Administrative Officer

2. Grant Department Heads the authority to apply and accept grant funding under certain conditions, or to receive County Administrator or Assistant County Administrator approval under certain conditions.

Background: On January 28, 2020, the Board approved to consolidate Administrative Policies 301, 303, and 305 into Board Rules of Procedures Policy 309.

1. The below revisions, to Rule 35 – Standing Committees, allows the Assistant County Administrator to approve Standing Committee agenda processes ensuring continuity of business.

• If departments would like to take an item to a committee which normally does not correspond to

their department, advance approval must be received by the County Administrator, or the Assistant County Administrator

• At the discretion of the County Administrator, or the Assistant County Administrator, certain items

may not be required to go to committee and go to the Board as either appearance or consent items.

2. Rule 35 – Standing Committees allow for grant submission for grants that do not require a budget

amendment to be placed directly on the Board of Supervisors agenda. Rarely, if ever, is a grant request not approved by the Board of Supervisors. Granting authority to Department Heads to apply and accept funding for routine grants would allow for greater efficiency in instances where a budget amendment is not required. Grants not previously approved by the Board of Supervisors would be at the discretion of the County Administrator or Assistant County Administrator and may require the approval of the Board of Supervisors.

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Prior Board Action: The Board has adopted various revisions to policies in the past. Board Alternatives: The Board could not approve these revisions leaving the current policies in place. Fiscal Impact: There is no fiscal impact to adopting these revisions. Countywide Goals and/or Top Five Priorities Compliance: This complies with goal A: Provide Local government leadership, which is open, responsive, ethical, inclusive, and transparent, while recognizing and respecting legitimate differences of opinion. Respectfully Submitted,

s/ Donna M. Johnston

Clerk Recorder

Attachments: 1. Policy 309 Board Rules of Procedures Updated

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Adopted:

Amended:

Sutter County Board of Supervisors

Board Rules of Procedure

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Sutter County Board Rules of Procedure

Table of Contents

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I. PURPOSE .................................................................................................................. 1

II. GENERAL .................................................................................................................. 1

Rule 1. Applicability of Rules ................................................................................................ 1

Rule 2. Definitions ................................................................................................................ 1

III. MEETINGS ................................................................................................................. 1

Rule 3. Regular Meetings and Annual Calendar .................................................................. 1

Rule 4. Special Meetings, Budget Hearings, Workshops and Planning Meetings ............... 2

Rule 5. Emergency Meetings ................................................................................................ 2

Rule 6. Closed Sessions ........................................................................................................ 3

IV. ELECTIONS, POWERS, AND DUTIES OF THE CHAIR, VICE-CHAIR, AND CHAIR PRO-TEMPORE.................................................................................................................. 3

Rule 7. Annual Selection of Chair, Vice Chair ....................................................................... 3

Rule 8. Powers of Chair and Vice-Chair and Chair Pro-Tempore ......................................... 3

V. CONDUCT OF BUSINESS ............................................................................................ 4

Rule 9. Order of Business ..................................................................................................... 4

Rule 10. Board Member; Notification of Absence ................................................................. 4

Rule 11. Quorum and Action .................................................................................................. 4

Rule 12. Matters Not on the Agenda/Emergency Items ........................................................ 4

Rule 13. Consent/Regular Agenda Items ............................................................................... 5

Rule 14. Public Hearings ......................................................................................................... 5

Rule 15. Teleconferencing ...................................................................................................... 6

Rule 16. Appeals Hearing ....................................................................................................... 6

VI. PROCEDURE AND VOTING ......................................................................................... 7

Rule 17. Use of Electronic devices and documents ............................................................... 7

Rule 18. Rosenberg’s Rules of Order...................................................................................... 7

A. Motion to Reconsider .............................................................................................. 7

B. Motion to Rescind .................................................................................................... 7

Rule 19. Voting ....................................................................................................................... 7

Rule 20. Abstention Votes ...................................................................................................... 7

Rule 21. Roll Call Votes ........................................................................................................... 8

Rule 22. Conflicts of Interest .................................................................................................. 8

Rule 23. Ordinances ............................................................................................................... 8

Rule 24. Rule Changes ............................................................................................................ 8

VII. PARTICIPATION OF THE PUBLIC ................................................................................. 9

Rule 25. Public Comment / Time Limits ................................................................................. 9

Rule 26. Written Comments ................................................................................................... 9

Rule 27. Orderly Conduct ....................................................................................................... 9

Rule 28. Security and Prohibition of Banners/Signs or other Hazardous Objects ............... 10

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Sutter County Board Rules of Procedure

Table of Contents

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VIII. DUTIES OF COUNTY STAFF DURING BOARD MEETINGS ............................................ 10

Rule 29. County Administrative Officer ............................................................................... 10

Rule 30. County Counsel ...................................................................................................... 10

Rule 31. Clerk of the Board .................................................................................................. 10

Rule 32. Sheriff ..................................................................................................................... 10

Rule 33. Department and Agency Directors ........................................................................ 10

IX. COMMITTEES .......................................................................................................... 11

Rule 34. Board Committees/Assignments and Reporting Requirements ............................ 11

Rule 35. Standing Committees ............................................................................................. 11

Rule 36. Committee Proceedings ......................................................................................... 12

Rule 37. Request Process for Private Citizens and/or Organizations .................................. 12

Rule 38. Ad-Hoc Committees ............................................................................................... 13

X. AGENDAS AND AGENDA MATERIALS ....................................................................... 13

Rule 39. Meeting Agenda ..................................................................................................... 13

Rule 40. Addendums/Supplemental Agenda Items ............................................................. 13

Rule 41. Use of Board Clerk Required Agenda Form ........................................................... 13

Rule 42. Department/Agency Agenda Responsibilities ....................................................... 13

Rule 43. Review and Filing of Agenda Items ........................................................................ 14

Rule 44. Supplemental Correspondence and Information Prior to Board Meeting and During the Board Meeting ..................................................................................... 14

Rule 45. County Administrative Office and County Counsel Approval ................................ 15

Standing Committees of the Board ...................................................................................... 16

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Sutter County Board Procedures

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RULES OF PROCEDURE OF THE BOARD OF SUPERVISORS

SUTTER COUNTY, CALIFORNIA

I. PURPOSE

The purpose of these Rules of Procedure (“Rules”) is to foster understanding and respect for the democratic

process, facilitate compliance with applicable laws, encourage public participation, provide guidance on

decorum, and enhance effective and efficient management of Board meetings.

II. GENERAL

Rule 1. Applicability of Rules

These rules are adopted pursuant to Government Code §25003, which allows the Board to make and enforce

rules and regulations necessary for the government of the Board, the preservation of order, and the

transaction of business. The rules shall apply to the Board of Supervisors of Sutter County whether sitting as

the Board of Supervisors of the County or as the governing board of any other district, commission, authority

or board.

These rules are intended to expedite the transaction of business of the Board in an orderly fashion and are

deemed to be procedural only. The failure to strictly observe application of the rules shall not affect the

jurisdiction of the Board or invalidate any action taken at a meeting that is otherwise held in conformity with

the law. Except as otherwise provided by law, these rules, or any one of them, may be suspended by a

majority of the Board.

These rules supersede and replace all rules of procedure previously adopted by the Board of Supervisors.

Rule 2. Definitions

In interpreting these Rules:

a) “Board” refers to the Board of Supervisors of Sutter County, whether sitting as the Board of Supervisors of the County or as the governing body of any other district, authority or board

b) “Board member” refers to a member of the Board c) “Chair” and “Vice Chair” refers to the Board members elected to those respective offices by a majority

of Board members d) “Board Clerk” refers to the Clerk of the Board of Sutter County e) “County Administrative Officer” or “CAO” refers to the County Administrative Officer of Sutter County f) “Quorum” refers to the majority of elected Supervisors

III. MEETINGS

Rule 3. Regular Meetings and Annual Calendar

Regular meetings will generally be held on alternating Tuesdays of every month at 3:00 p.m. Land use

appeals, public hearings, the introduction of county ordinances, employee awards, and a consent calendar

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for the meeting will be scheduled for regular meetings. If there is a closed session scheduled and noticed, the

Board may open the meeting earlier and immediately convene to closed session.

Regular meetings shall be held at the Yuba City Council Chambers, 1201 Civic Center Boulevard, Yuba City,

California, unless the time, date and location are changed and so noticed.

The time and place of regular meetings of the Board of Supervisors shall be set from time to time by

resolution. The calendar will include all known regular meetings. Any regular meeting may be canceled by a

majority vote of the Board.

Rule 4. Special Meetings, Budget Hearings, Workshops and Planning Meetings

Special meetings may be called at any time by the Chair, or by a majority of the members. Upon the call of a

special meeting, the Board Clerk will prepare and distribute, at least 24 hours before the time of the special

meeting, written notice to each member and to a local newspaper of general circulation. The call and notice

shall specify the time and place of the special meeting and the business to be transacted or discussed. No

other business shall be considered at these meetings (Government Code §54956).

Budget Hearings, Workshops, Study Sessions and Planning Meetings may be called by the Chair or by a

majority of the Board at times and locations in accordance with the law and specified notice provisions. Study

or workshop sessions may be held for matters that require in-depth analysis. No official action or formal vote

may be taken at such sessions or workshops. Board members, however, may express their opinions on any

matter under discussion. Board training does not require notice as a regular or special board meeting.

If a department wishes to set a date for a study session or public hearing, upon agreement of the CAO, the

department must contact the Board Clerk to reserve the date and time on the Board Clerks’ Master Calendar

before finalizing the date. This allows the Board Clerk to balance the agenda instead of having numerous

lengthy hearing items on the agenda for the same meeting.

Once placed on the Board Clerks’ Master Calendar, the department should follow the usual guidelines for

submitting agenda items. Study Sessions and Public Hearings are generally set as a consent item on an agenda

well in advance of the Study Session or Public Hearing. One exception to this is Public Hearings for Planning

Projects, which only need to be set on the Board Clerks’ Master Calendar.

Rule 5. Emergency Meetings

Emergency meetings may be called by the Chair or by a majority of the Board, in the case of an emergency.

For purposes of this section, “emergency situation” means both of the following:

• An emergency, which shall be defined as a work stoppage, crippling activity, or other activity that

severely impairs public health, safety, or both, as determined by a majority of the members of the

legislative body. (Government Code §54956.5(a)(1))

• A dire emergency, which shall be defined as a crippling disaster, mass destruction, terrorist act, or

threatened terrorist activity that poses peril so immediate and significant that requiring a legislative

body to provide one-hour notice before holding an emergency meeting under this section may

endanger the public health, safety, or both, as determined by a majority of the members of the

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legislative body. In the case of an emergency, situations involving matters upon which prompt action

is necessary due to the disruption or threatened disruption of public facilities, a legislative body may

hold an emergency meeting without complying with either the 24-hour notice requirement or the 24-

hour posting requirement of Section 54956 or both of the notice and posting requirements.

(Government Code §54956.5(a)(1)).

• During a meeting held pursuant to this section, the legislative body may meet in closed session

pursuant to Section 54957 if agreed to by a two-thirds vote of the members of the legislative body

present, or, if less than two-thirds of the members are present, by a unanimous vote of the members

present. (Government Code §54956.5(c)).

Rule 6. Closed Sessions

The Board may hold closed sessions during a regular or special meeting to consider the following which

includes but is not limited to: (Government Code §54954.5).

• Conference with real property negotiators (Government Code §54956.9)

• Conference with legal counsel-existing and anticipated litigation (Government Code §54956.9)

• Liability claims (Government Code §54961)

• Public employee appointment, employment, evaluation, dismissal or release (Government Code

§54957)

• Conference with labor negotiators (Government Code §54957.6)

Prior to holding any closed session, the Chair shall announce the session in an open meeting and shall provide

an opportunity for public comment on items on the closed session agenda. During the closed session the

Board may consider only those items on the agenda. At the conclusion of the closed session the Board shall

report, in an open meeting, as required by law, action taken (Government Code §54957.1).

IV. ELECTIONS, POWERS, AND DUTIES OF THE CHAIR, VICE CHAIR, AND CHAIR PRO-TEMPORE

Rule 7. Annual Selection of Chair, Vice Chair

At its first regular meeting, after January 1 of each year, the Board shall nominate and elect from its

membership a Chair and Vice Chair. The Chair shall call the meeting to order and the first order of business

shall be the election of officers for the ensuing calendar year. The Chair and Vice Chair shall serve until the

election of their successors.

Rule 8. Powers of Chair and Vice Chair and Chair Pro-Tempore

The Chair shall serve as presiding officer of the Board, rule on questions of procedure, and execute official

Board records and documents presented by the Board Clerk. In the absence or unavailability of the Chair, the

Vice Chair shall call the meeting to order and serve as presiding officer. In the absence, or inability to act, of

the Chair and Vice Chair, at any meeting of the Board, the Board members present shall select one of their

members to act as Chair Pro Tempore. The Chair Pro Tempore shall have and exercise all the powers and

duties of the Chair during the absence, or inability to act, of the Chair and Vice Chair at that meeting. The

Vice Chair shall have and exercise all powers and duties of the Chair for meetings over which he or she is

called to preside and at ceremonial and official functions, which the Chair cannot attend.

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V. CONDUCT OF BUSINESS

Rule 9. Order of Business

The Board shall conduct business in the order specified in the posted agenda or as modified at the discretion

of the Chair. Without amending these Rules, the Chair may modify or amend the Order of Business for Regular

meetings. While the Board is in session, all persons shall preserve order and decorum as outlined in

Rosenberg’s Rules of Order.

The regular order of business of the Board shall be:

A. Call to Order

B. Pledge of Allegiance

C. Invocation (at discretion of current Chair)

D. Presentations

E. Public Comment

F. Agendized actions

G. Closed session (which may be held at any time during the meeting)

H. Adjournment

Rule 10. Board Member; Notification of Absence

If any Board member is unable to attend a meeting of the Board, all reasonable efforts shall be made to notify

the Chair, County Administrative Officer, or the Board Clerk, as soon as possible to ensure there are sufficient

members present to consider all agenda items.

Rule 11. Quorum and Action

The legislative body of a local agency may adjourn any regular, adjourned regular, special or adjourned special

meeting to a time and place specified in the order of adjournment. Less than a quorum may so adjourn from

time to time. If all members are absent from any regular or adjourned regular meeting the Board Clerk may

declare the meeting adjourned to a stated time and place and he shall cause a written notice of the

adjournment to be given in the same manner as provided in Section 54956 for special meetings, unless such

notice is waived as provided for special meetings. A copy of the order or notice of adjournment shall be

conspicuously posted on or near the door of the place where the regular, adjourned regular, special or

adjourned special meeting was held within 24 hours after the time of the adjournment. When a regular or

adjourned regular meeting is adjourned as provided in this section, the resulting adjourned regular meeting

is a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at

which the adjourned meeting is to be held, it shall be held at the hour specified for regular meetings by

ordinance, resolution, bylaw, or other rule. (Government Code §54955)

Rule 12. Matters Not on the Agenda/Emergency Items

No action shall be taken on any item not appearing on the posted agenda except:

a) Upon a determination by a majority vote of the Board that an emergency situation, as described in Rule 5, exists;

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b) Upon a determination by a two-thirds (2/3) vote of the Board, or if less than two-thirds (2/3) of the members are present, a unanimous vote of those members present, that: 1) there is a need to take immediate action, and 2) the issue arose subsequent to the agenda being posted.

Any requests to hear a matter not on the agenda or emergency item shall be communicated to the Chair,

County Administrative Officer, County Counsel and Board Clerk as soon as the need becomes known.

Rule 13. Consent/Regular Agenda Items

Agenda items on the Consent Agenda are routine in nature, consistent with adopted Board policy, and do

not require individual consideration. The Consent Agenda will be enacted by one motion for approval of the

recommended actions. There will be no separate discussion of these items prior to the time the Board votes

on the motion unless any member of the Board, staff or the Public requests removal of a specific item from

the Consent Agenda for separate discussion and action. Any Board member may ask the Board Clerk to record

a “no” or “abstention” vote on any Consent Calendar item.

Members of the public are invited to comment on items on the Consent Agenda and generally will be

provided up to three (3) minutes for their comments. Prior to any comments, the Chair may reduce or extend

comment time limits for the agenda. The Chairman may, in the interest of facilitating the business of the

Board, and avoidance of repetition, limit the amount of time which a person may use in addressing the Board.

Appearance items on the Regular Agenda are first introduced by the department without interruption.

Appearance items require separate discussion and/or action and may include, but are not limited to changes

in policy, items that require the Board to consider options and provide direction, requests for new or

unbudgeted positions, introduction of a proposed Ordinance, Public Hearings, and other matters as required

by law.

Rule 14. Public Hearings

Upon receipt of a request by a Department/Agency or Board member for a public hearing, the Board Clerk

may set the hearing without action of the Board unless the Board is required by law to schedule the hearing.

Subject to the Chair’s right to maintain order, any person wishing to speak at a public hearing shall be heard.

Each speaker’s presentation at a public hearing shall be relevant and to the point and shall be as brief as

possible; visual and other materials may be used as appropriate. In non-appeal public hearings, public

comments will be limited to three (3) minutes per person, subject to the discretion of the Chair.

The closing of a public hearing signifies the point after which the Board will no longer accept or consider any

additional communication on the matter that was the subject of the hearing. As used in this rule,

“communication” includes oral communication; written communication such as documents, letters, and

photographs; and any type of electronic communication, including e-mails, e-mail attachments, graphic

images, spread sheets, text messages, and social media messages.

Any hearing being held, or noticed or ordered to be held, by a legislative body of a local agency at any meeting

may by order or notice of continuance be continued or recontinued to any subsequent meeting of the

legislative body in the same manner and to the same extent set forth in Section 54955 for the adjournment

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of meetings; provided, that if the hearing continued to a time less than 24 hours after the time specified in

the order or notice of hearing, a copy of the order or notice of continuance of hearing shall be posted

immediately following the meeting at which the order or declaration of continuance was adopted or made.

(Government Code § 54955.1)

Should County staff determine that communication received after the close of a public hearing should be

considered by the Board prior to its rendering a final decision on the matter that was the subject of the

hearing, County staff shall recommend to the Board that the hearing be reopened. If the Board concurs, the

Board shall reopen the hearing, following appropriate notice, for the limited purpose of receiving testimony

and evidence on the new information.

Rule 15. Teleconferencing

The Brown Act allows for any type of teleconferencing in connection with any meeting (Government Code

§54953(b)).

All meetings of the legislative body of a local agency shall be open and public, and all persons shall be

permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in

this chapter. (Government Code §54953(a)). “Teleconference is defined as “a meeting of individuals in

different locations, connected by electronic means, through either audio or video, or both.” In addition to

the specific requirements relating to teleconferencing, the meeting must comply with all provisions of the

law otherwise applicable. (Id.) Section 54953(b) contains the following specific requirements:

• Teleconferencing may be used for all purposes during any meeting.

• At least a quorum of the board must participate from teleconferencing locations within Sutter County.

(Government Code §54953(b)(3).

• Each teleconference location must be identified in the notice and agenda of the meeting in a manner

that protects the statutory and constitutional rights of the public.

• Agendas must be posted at each teleconference location.

• Each location must be accessible to the public.

• The agenda must provide the opportunity for the public to address the legislative body directly at

each teleconference location.

• All votes must be by roll call.

Rule 16. Appeals Hearing

Appeals Hearings shall be conducted in the sequence and time limits set forth below, subject to the discretion

of the Chair who may, in the interest of time, fairness, and the efficient conduct of business, limit or waive

time limits:

a) Staff Presentation and Board questions of staff;

b) Presentation by appellant(s);

c) Presentations by members of the public shall be limited to three (3) minutes for each person;

d) Summation and rebuttal by appellant(s) – ten (10) minutes for each appellant;

e) Staff summation and rebuttal;

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f) Board discussion and questions;

g) Close of the Appeal Hearing;

h) Board action.

VI. PROCEDURE AND VOTING

Rule 17. Use of Electronic devices and documents

The use of electronic documents, via tablets or other electronic means, is encouraged as a means of reducing

the production and distribution of paper documents, and thereby decreasing costs.

Any member of the public may view the same electronic documents online at

http://suttercountyca.iqm2.com/Citizens/Default.aspx or may view the documents in the Board Clerk’s

Office. The Board shall refrain from emailing, texting, using social media, or otherwise engaging in electronic

communications in the Board Chambers on matters that are listed on the Board agenda.

Rule 18. Rosenberg’s Rules of Order

Except as otherwise provided in these Rules, the most current edition of Rosenberg’s Rules of Order shall

constitute the rules of order for the Board. The following rules apply to the special actions described and take

precedence over Rosenberg’s Rules of Order to the extent they differ in text or application.

A. Motion to Reconsider

Any Board Member who votes in the majority on a question, is eligible to make a motion to

reconsider during the same meeting prior to adjournment. Any member can second the motion. A

motion to reconsider shall require a majority vote.

B. Motion to Rescind

A motion to rescind any action of the Board may be made by any Board Member during the same

meeting prior to adjournment. The grounds for such motion are limited to an error in the adoption

of the item either through rule violation or procedural mistakes.

Rule 19. Voting

It shall take at least three affirmative votes of the Board to pass any motion (Govt. Code §25005), except

where supermajority four-fifths (4/5) votes or unanimous votes are required by law.

A Board Member who is absent from all or a part of: (1) a public hearing, (2) an item that requires findings,

or (3) an item that is quasi-judicial in nature, may subsequently vote on the matter if the Board Member has

reviewed all evidence received during his/her absence, watched the Board Clerk’s recording, and has

submitted their vote via email to the Board Clerk within 24 hours.

Rule 20. Abstention Votes

A Board member may abstain from voting on any matter at any time. If an abstention vote is based on a

stated conflict of interest, the voting Board member shall not be counted as part of the quorum voting on

the issue. If an abstention vote is not based on a stated conflict of interest, the voting Board member shall

be counted as part of the quorum, but the vote shall not be counted in tallying the vote negatively or

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positively. An abstention from voting on the merits of any matter shall be announced audibly and shall be

recorded only as an “abstain” vote.

Rule 21. Roll Call Votes

The roll need not be called in voting upon a motion except where specifically required by law or requested

by a Board member, Chair or Board Clerk. Each roll call vote shall be made in an order determined by the

Board Clerk or directed by the Board Chair. Consensus/direction does not require a roll call vote.

Rule 22. Conflicts of Interest

Any member with a disqualifying conflict of interest must, in compliance with the Political Reform Act:

a) Publicly state the nature of the conflict in enough detail to be understood by the public; b) Recuse himself/herself from discussing and voting on item; and c) Leave the room until after the discussion, vote, and other disposition of the matter is concluded,

unless the matter has been placed on the Consent Calendar.

The member may be allowed to address the Board as a member of the public. Disclosure of a conflict shall

be noted in the official Board minutes. The member must also comply with all other applicable conflicts of

interest laws.

Members may not have a financial interest in a contract approved or considered by the Board. In these cases,

disclosure and recusal does not remove the conflict and such a contract is considered void (Government Code

§1090). The member is encouraged to discuss possible conflicts with County Counsel prior to the meeting.

Rule 23. Ordinances

Ordinances (other than zoning ordinances or any other ordinance that can only be adopted after a noticed

public hearing) are introduced as an appearance item at one meeting (first reading), then generally placed

on the agenda for adoption at a subsequent meeting.

• The first reading will become the primary meeting at which: (1) the title of the ordinance will be read; (2) the Board will typically consider a motion to waive the reading of the text of the ordinance and to introduce the ordinance by title only; (3) members of the public shall have an opportunity to address the ordinance; (4) the ordinance shall be introduced by a motion and majority vote of the Board.

• At the second reading: (1) the ordinance may be placed on the Consent Calendar for adoption without a roll call vote; or (2) the item is pulled from the Consent Calendar for separate action, the title of the ordinance may be read, a motion to adopt the ordinance may be made, and a majority vote by roll call will adopt the ordinance.

• Pursuant to Government Code §25123, ordinances shall generally become effective 30 days from the date of final passage.

Zoning ordinances are publicly noticed and may be adopted by a majority roll call vote at one hearing. Other

ordinance hearing procedures may be used as required by law.

Rule 24. Rule Changes

Notwithstanding the provisions of any of the rules contained in this Chapter, the Board of Supervisors, by

majority vote, may, by resolution change the provisions of any of the rules stated in this Chapter. Said

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resolution shall take effect as of the next regular meeting and shall continue in force until an ordinance

ratifying the changes has been duly adopted, but in no event shall said resolution be effective for more than

sixty (60) days unless extended for a further sixty (60) day period by a four-fifths (4/5ths) vote of the Board.

This procedure document shall be updated to reflect any adopted change and placed on the consent agenda

for the following meeting.

VII. PARTICIPATION OF THE PUBLIC

Rule 25. Public Comment / Time Limits

Members of the public have the right to address the Board on any item within the subject matter jurisdiction

of the Board (Government Code §54954.3). Members of the public shall direct their comments to the Chair

who may, at his or her discretion, request a response from staff. Prior to any comments, the Chair may reduce

or extend comment time limits for an agenda item. General time limits are three (3) minutes. Public

comments on items on the agenda will be heard prior to the Board acting on the item.

Under the Public Comments portion of the meeting, members of the public will be allowed to address the

Board regarding any item not on the agenda. No action may be taken on items not on the agenda unless

authorized by law.

Rule 26. Written Comments

If anyone desiring to comment before the Board wants to present more information to the Board than may

be accomplished within the time limits established, such person shall be permitted to present the information

to the Board in writing on or before the time of the meeting unless there are other statutory time periods for

providing written comments applicable to a hearing. Written comments shall be submitted to the Board

Clerk. Eight (8) copies are required for the Board members, CAO, Counsel and the Board Clerk and a minimum

of ten (10) copies for the Public are requested.

Rule 27. Orderly Conduct

The Chair of the Board shall preserve order and decorum and shall decide questions of order subject to the

Board.

Each person who addresses the Board shall not make personal, impertinent, slanderous or profane remarks

to any member of the Board, staff or general public. Any person who makes such remarks, or who utters loud

threatening, personal or abusive language, or engages in any other disorderly conduct which disrupts,

disturbs or otherwise impedes the orderly conduct of any Board meeting shall, at the discretion of the Board

Chair, or a majority of the Board, be barred from further audience before the Board during that Board

meeting.

If order cannot be restored after ejecting disruptive persons, the meeting room may be cleared. Members of

the media who have not participated in the disturbance must be allowed to continue to attend the meeting.

The Chair may re-admit any person(s) provided their re-admission will not disrupt the continued orderly

conduct of business. The Chair may also call a recess and reconvene when order has been restored.

(Government Code §54957.9).

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Rule 28. Security and Prohibition of Banners/Signs or other Hazardous Objects

The Board has the power to implement security measures in the Board Chambers and in alternate locations

where the Board may meet. Signs, posters, banners or other hazardous objects which could impair the safety

of individuals in the event of an emergency may be prohibited. Any large object/container that may be

deemed a hazardous object which could impair the safety of individuals in the event of an emergency may

also be prohibited. All permitted items shall be placed at the direction of the Board Chair or the Board Chair’s

designee.

VIII. DUTIES OF COUNTY STAFF DURING BOARD MEETINGS

Rule 29. County Administrative Officer

The County Administrative Officer shall be present during Board meetings and shall provide such information

as necessary to assist the Board members in their deliberation and decision making. The County

Administrative Officer may delegate this responsibility.

Rule 30. County Counsel

County Counsel shall be present during Board meetings and shall serve as advisor to the Board on appropriate

rules to comply with legal requirements. All questions of law shall be referred to County Counsel for his or

her opinion. County Counsel may delegate this responsibility.

Rule 31. Clerk of the Board

The Clerk of the Board shall be present during all meetings for the purpose of taking and maintaining the

minutes of the meeting; presenting and receiving correspondence, records, documents, claims, reports, or

petitions; preserving all records; marking or attesting all resolutions and ordinances; imparting information

on Board documents of public record; and otherwise fulfilling all duties imposed by law or required by the

Board. The Clerk of the Board may delegate this responsibility. (Government Code § 25101)

The Clerk of the Board shall record or cause to record all regular meetings of the Board by audio or visual

means or both. Regular meetings may also be broadcast or webcast.

Rule 32. Sheriff

The Sheriff, or a representative of the Sheriff’s Office, may at the discretion of the Chair or a majority of Board

members, be requested to attend meetings of the Board, for the purpose of maintaining order and upholding

the law.

Rule 33. Department and Agency Directors

Department and Agency Directors, or a designee, having any matter on the agenda for consideration by the

Board, whether consent or appearance, shall be available for the purpose of providing information to the

Board and shall also attend any Board meeting when requested to do so by a Board member or the County

Administrative Officer.

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IX. COMMITTEES

Rule 34. Board Committees/Assignments and Reporting Requirements

The Board Clerk shall maintain a list of Board Committees and Assignments. The list of appointments shall be

adopted by the Board in January.

Rule 35. Standing Committees

The Sutter County Board of Supervisors has established four Standing Committees: Agriculture, General

Government, and Public Protection; Health and Welfare; Public Works and Support Services; and Education.

A standing committee consists of two members of the Board of Supervisors for creating an in-depth

preliminary review of the complex projects, programs, and policies intended to go before the full Board

of Supervisors. Persons appearing before the committee will have an opportunity to informally answer

questions about the staff report, and discuss challenges, prospects, or other concerns related to the

items presented. A standing committee is subject to the Brown Act.

The Board shall appoint members to each standing committee. Generally, appointments shall occur at the

Board’s first regular meeting in January. All standing committees shall be appointed for the calendar year,

and the members shall continue as committee members until their successors have been appointed. If either

of the members is unavailable, an alternate may serve in his or her place. Supervisors not appointed to a

Standing Committee may serve as an alternate. The meeting locations, schedules, and guidelines for each

Standing Committee shall also be outlined.

In accordance with the provisions of the Brown Act, specific procedures must be followed for an item to be

placed on the Agenda of a Standing Committee. In addition to meeting the requirements contained in the

Brown Act, the following rules shall apply to all Standing Committee meetings.

• Meetings of Standing Committees shall be open to the public and all persons shall be permitted to attend unless closed session exemptions apply.

• All agenda requests should be filed with the contact person assigned to the Standing Committee in accordance with the Board Clerk calendar.

• An agenda shall be prepared by the contact person assigned to the Standing Committee for each meeting and an agenda containing brief general descriptions of all items shall be made available to the public no less than 72 hours in advance of the scheduled meeting.

• Pursuant to the Brown Act, public comments shall be allowed on agenda items either before or during

the consideration of the matter. In addition, time shall be set aside for the public to comment on any

other matter under the body’s jurisdiction, however, no action can be taken by the Committee.

• The completed agenda containing the recommendation of the Committee will be given to the Board

Clerk after the meeting by the appropriate County Administrative staff member, who shall make a

copy and return the original.

• If departments would like to take an item to a committee which normally does not correspond to

their department, advance approval must be received by the CAO, or the Assistant CAO.

• At the discretion of the CAO, or the Assistant CAO, various items may not be required to go to

committee and go to the Board as appearance items.

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Rule 36. Committee Proceedings

In accordance with the provisions of the Brown Act contained in Government Code § 54950 (et seq.), specific

procedures must be followed for an item to be placed on a Board of Supervisors’ Agenda. Any department

within Sutter County, as well as any private citizen and/or organization, may request that an item be placed

on the Board of Supervisors’ agenda.

Staff reports that are placed on a Standing Committee agenda shall be prepared in a manner similar to an

item that is appearing before the full Board. Departments that wish to place an item on a Standing Committee

agenda shall draft and submit a staff report into agenda management software with all accompanying

documents for the review and approval process.

Mandatory attendance is required at the committee meeting by either the department head or his/her

designee. The department representative shall be prepared to discuss the item submitted. Following

discussion, the Committee members shall make one of the following recommendations:

• Move to place item on the consent calendar at the next available Board Meeting.

• Move to place item as an appearance item at the next available Board Meeting.

• Move to have item returned to the requesting department for correction or further investigation.

Following the meeting of the Standing Committee, the department will revise the staff report to include the Standing Committee’s recommendation, and submit the staff report into the agenda management software with all accompanying documents. Hard copies of agenda items such as agreements must be submitted to the Board Clerk.

Attachment 1 includes a detailed list of items that are required to go to a Standing Committee prior to

consideration by the full Board.

Department heads shall exercise their best judgment when deciding what items shall be taken to Committee

if those subjects are not specifically described on Attachment 1. The following two rules shall assist a

department head in this decision:

• Items that shall be required to go to Committee are items considered non-routine, controversial,

and/or of high public interest.

• Items that are not required to go to Committee are items generally considered to be non-

controversial, routine, and/or of low public interest.

Rule 37. Request Process for Private Citizens and/or Organizations

Time is set aside during each regularly scheduled meeting of the Board of Supervisors to provide an

opportunity for the public to address the Board on items of interest to the public which are not on the posted

agenda and over which the Board has jurisdiction. However, a matter that has not been placed on the regular

agenda may not be acted upon sooner than the next subsequent regular meeting, unless the Board

determines, by the required majority vote, that an emergency exists requiring earlier action (Government

Code §54950).

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Members of the public who wish to request that an item be placed on the Board of Supervisors’ Agenda for

action may submit requests to the Board Clerk. Requests should be in letter format and are encouraged to

be thorough in explanation. They should provide the following information:

• Requested action • Purpose of request • All known background information • Contact information

Public requests received by the Board Clerk will be forwarded to the County Administrative Officer or his/her

designee for review. If an item is accepted for placement on the agenda, the Board Clerk will place the item

on the agenda and notify the citizen/organization of the date and time scheduled for the presentation.

If an item is not accepted to be placed on agenda, the item may be either forwarded to the Sutter County

department most closely related to the item for further consideration, or a response will be given via written

correspondence.

Rule 38. Ad-Hoc Committees

Ad-Hoc (Advisory) committees are not subject to the Brown Act. They may be formed by Board action, shall

be solely composed of members of the Board, less than a quorum of the Board, shall serve a limited or single

purpose, for a limited time, and shall be dissolved once the specific task assigned is completed (Government

Code §54952(b)).

X. AGENDAS AND AGENDA MATERIALS

Rule 39. Meeting Agenda

An agenda shall be prepared by the Board Clerk for each meeting of the Board. The agenda shall consist of a

brief statement of each item to be considered by the Board. The agenda will be available on the county

website as well as in the office of the Board Clerk at least 72 hours before a regular meeting. The agenda shall

indicate the time and location of the meeting and shall be posted as required by law (Government Code

§54954.2).

Rule 40. Addendums/Supplemental Agenda Items

The Board Clerk shall prepare, post, and distribute all addendums/supplemental agendas when there has

been an item added, continued, deleted, and/or modified since the distribution of the initial meeting agenda.

Rule 41. Use of Board Clerk Required Agenda Form

All Departments/Agencies shall use agenda management software and forms, as prescribed by the Board

Clerk, when submitting items to be placed on the Board’s agenda for consideration. Without amendment to

these Rules, the Board Clerk may change agenda form and/or software.

Rule 42. Department/Agency Agenda Responsibilities

When submitting an item for consideration by the Board, it is the responsibility of the originating Department

/Agency to provide all required information, and to meet all timelines established by the Board Clerk.

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Originating Departments/Agencies shall submit enough copies to meet the distribution and processing

requirements of the Board Clerk.

Rule 43. Review and Filing of Agenda Items

All agenda items, except those filed by a Board member, require review by the County Administrative Office

and County Counsel, prior to their placement on the agenda. Any documents to be included as part of an

agenda item requiring legal review must also be reviewed in advance by County Counsel.

The completed Board of Supervisors agenda request and the accompanying documents must be submitted

into the agenda management software system pursuant to the Board Clerk calendar. Additional requirements

may be imposed by the CAO and Board Clerk to ensure appropriate review and Brown Act compliance. Items

received after the established deadline shall be placed on calendar for consideration at the next regularly

scheduled Board Meeting.

Agenda items regarding policy issues that are submitted by Board members shall show the Board member

proposing the policy as the Submitting Agency/Department. Board members shall not use other departments

or agencies for such submissions unless directed by the Board at a Board meeting to develop policy direction

for the Board.

When an agenda item includes a recommendation to approve and adopt a new ordinance and/or resolution, an electronic copy of said documents shall be sent to the Board Clerk in accordance to the Board Clerk calendar. The Board Clerk shall ensure that, following official adoption, all resolutions and ordinances are completed, published, and filed according to requirements.

Agenda items are to be submitted to the Board Clerk complete, with all back-up materials, and in accordance

with all requirements and instructions as established by the Board Clerk.

The County Administrative Officer and/or County Counsel and/or the Board Clerk may ask for additional

information, clarification, and may determine not to place any item on the agenda that is not complete or is

not submitted in accordance with instructions. Without amendment to these Rules, agenda submittal

instructions may be amended, or additional requirements imposed, to ensure appropriate review and Brown

Act compliance.

Rule 44. Supplemental Correspondence and Information Prior to Board Meeting and During the Board Meeting

a) After Initial Agenda Distribution and Prior to the Meeting Rule - Agenda materials distributed, via mail,

email, or hand delivered by the public to a majority of the Board, that is distributed or redistributed

to another County employee, must be forwarded to the Board Clerk for public review.

b) At the Meeting Rule - Documents, including PowerPoint handouts, distributed to Board members by

County employees or Board members themselves at the meeting, shall be kept to a minimum. When

necessary to distribute materials at the meeting, eight (8) copies are required for the Board members,

CAO, Counsel and the Board Clerk and a minimum of ten (10) copies for the public shall be provided

to the Board Clerk for distribution. If large numbers of the public are anticipated to attend the Board

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meeting on a matter and new information will be distributed to the Board members, then the number

of copies may be increased to anticipate the number needed for the public.

Any supplemental correspondence or written information related to an agenda item which is provided to

three or more Board members, shall be concurrently filed with the Board Clerk and made a part of the official

record. This Rule shall not apply to attorney-client privileged communications.

Sufficient copies of supplemental correspondence and information should be delivered to the Board Clerk

and the Board Clerk shall make the appropriate distribution to the Board, County Administrative Officer and

County Counsel.

Rule 45. County Administrative Office and County Counsel Approval

Any matter to be presented and acted upon by the Board of Supervisors at the regular meetings shall be

reviewed by the County Administrative Office regarding County policy, procedures and expenses, and

reviewed as to legal form by County Counsel prior to placement on the agenda.

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Attachment 1

Standing Committees of the Board Agenda items that require Committee action prior to going before the full Board & agenda items that may go directly to the full Board (Asterisk* indicates a required Board appearance for items not required to go to Committee) Additional information, such as templates and style guides, for items going before the Board of Supervisors can be found on the internal Sutter County Board Clerk page.

Shall Go to Committee Not Required to Go to Committee

Items required to go to Committee are items considered Non-Routine, Controversial, and/or of High Public-Interest.

Items not required to go to Committee are generally items considered Non-Controversial, Routine, and of Low Public-Interest. These items may be placed directly on the consent agenda unless indicated otherwise by an asterisk.

Routine awards, Gold Resolutions, setting the date for future study sessions, cancellation of Board meetings

New legal agreements/leases/MOU’s and contract amendments that increase county costs

Renewal/extension of contracts not requiring a budget amendment Renewal/extension/acceptance of grants not requiring a budget amendment

Fiscal impact items:

• All fee increases/decreases

• Non-routine budget amendments or increases in

budget appropriation greater than 5% of the

original budget unit appropriation (or less at the

discretion of the CAO)

• Conceptual approval of initiatives that are likely to have a significant fiscal impact (e.g. capital projects, major computer system acquisitions)

• Loans or grants of funds to other entities

• Donations of any kind over $10,000

Routine fiscal items:

• Changes to fixed asset schedule w/o budget

increase

• Setting budget development calendar

• Budget amendments which have no change in

appropriation authority or involve routine topics

such as year-end cleanup, encumbrance rollover,

or an account modification

• Budget increases for capital assets not exceeding

10% of the original budget for the asset

Personnel changes:

• Adding, changing or deleting positions

• New job descriptions and salary ranges or updates

to job descriptions with salary changes

• Changes to Personnel Rules & Regulations

• Reclassifications of employees

• Salary & Benefit Changes

Personnel changes:

• Lay-offs or hiring freezes*

• Labor agreements*

• Board appointments of department heads (must be done by full Board) *

• Advanced-step hires at longevity level*

• Class specification updates for changes to title and

minimum qualifications (no changes to salary)

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Shall Go to Committee Not Required to Go to Committee

Memberships on Board-appointed committees when number of applicants exceeds number of vacancies

Memberships on Board-appointed committees:

• Appointments

• Re-appointments

Annual Road Work Plans, adoption of controversial no-parking zones or lower speed limits, or denial of stop signs

Annual maintained mileage resolution; routine resolutions for no-parking zones, lower speed limits, or installation of stop signs

Substantive revisions to annual action/expenditure plans

Updates to annual plans required by state/federal funding sources (e.g., Mental Health Services Act, Juvenile Justice Crime Prevention Act)

Requests for fee waivers

Changes in county public operating hours

New or amended Policies, Resolutions, or Ordinances

Results of management audits

Agenda items related to the substance of a public hearing

Authorization to consolidate an election, acceptance of certification of official election results

Announcement of surplus equipment auctions

Legislative support/oppose positions

Annual Treasurer’s investment policy

Resolution for ratification of declared emergency, extension/termination of emergency

Williamson Act contract amendments

Acceptance of final maps

Responses to Grand Jury Reports*

Items at the discretion of the County Administrator or Assistant County Administrator that will go to the Board as consent or appearance items

Authorization to submit a routine, recurring grant application is at Department Head discretion. Authorization to submit an application for a grant not previously approved by the Board of Supervisors is at the discretion of the County Administrator or Assistant County Administrator and may require the approval of the Board of Supervisors.

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From: Steven M. Smith, County Administrator

Department: County Administrator

Subject: Approve the Second Amendment to Agreement with Sutter County Superintendent of Schools for a Child Care Reimbursement Program.

Recommendation: Approve a second amendment to the Agreement with Sutter County Superintendent of Schools as approved on September 22, 2020 and amended on December 15, 2020 to increase the qualifying income for program participants from 200% of the federal poverty level (FPL) to 300% of the FPL and extend the term for eligible expenses to February 15, 2021. Background: On September 22, 2020, as part of the County’s Coronavirus Aid, Relief and Economic Security (CARES) Act plan, the Board approved an agreement with Sutter County Superintendent of Schools in the amount of $800,100 to provide reimbursement to Sutter County families who incurred increased childcare costs due to public school closures. Families may receive up to $35 per day per child for the additional days of school closures up to a maximum of $2,100 per family. On December 15, 2020, the Board approved a first amendment to the agreement, which extended the term of the agreement to February 28, 2021. Thus far, the program has not been used extensively. To assist additional families, staff recommends increasing the financial eligibility income limit from 200% FPL (approximately $52,400 for a family of four) to 300% of FPL (approximately $78,600 for a family of four) and extending the period for eligible current school year expenses by approximately 2-1/2 months to February 15, 2021. This will allow more families to access assistance for their increased cost of childcare. Verification of income, actual hours worked, and actual expenditures for days when schools were closed to onsite learning are required of all applicants. Prior Board Action: The original agreement was approved on September 22, 2020, and the First Amendment was approved on December 15, 2020. Board Alternatives: The Board could decline to approve the Second Amendment, and the eligibility threshold would remain at 200% FPL for expenses incurred through November 30, 2020. The Board could direct staff to use a different eligibility threshold, adjusting the maximum family income either up or down from 200% FPL and/or adjust the period for eligible expenses.

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Other Department and/or Agency Involvement: The Second Amendment as well as the original agreement and First Amendment were reviewed by County Counsel and approved as to form. County staff worked closely with the Sutter County Superintendent of Schools staff to develop a program that would benefit families affected by school closures due to COVID-19-related state health orders. Action Following Approval: Staff will submit this amendment to the full Board of Supervisors for consideration. Fiscal Impact: This program is funded with federal CARES Act funding and is included in the County’s adopted CARES Act plan. The County fully claimed its CARES Act allocation without use of these funds, so, if they are not fully expended, they would become available revenue in the General Fund. Countywide Goals and/or Top Priorities Compliance: The recommended action is consistent with Goal D to provide responsive and cost-effective social services. Respectfully Submitted,

s/ Steven M. Smith

County Administrator

Attachments: 1. SCSOS Child Care Reimbursement Agreement Amendment 2 2. SCSOS CARES Agr 9-22-2020 3. SCSOS CARES 1st amend 12-15-20

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1

SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH

SUTTER COUNTY SUPERINTENDENT OF SCHOOLS FOR A CHILDCARE

REIMBURSEMENT PROGRAM

THIS SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH

SUTTER COUNTY SUPERINTENDENT OF SCHOOLS FOR A CHILD CARE

REIMBURSEMENT PROGRAM DATED January 26, 2021 (hereinafter referred to as

“Amendment”), by and between Sutter County, a political subdivision of the State of California

(hereinafter referred to as "County") and Sutter County Superintendent of Schools (hereinafter

referred to as "SCSOS"), modifies the Professional Services Agreement with Sutter County

Superintendent of Schools for a Childcare Reimbursement Program executed on September 22, 2020

and amended on December 15, 2020 (hereinafter referred to as “Agreement”). A copy of the

Agreement is attached as Exhibit 1 and the First Amendment is attached as Exhibit 2 and incorporated

by reference.

For valuable consideration, including their mutual promises, receipt of which is hereby

acknowledged, the parties agree to the following:

Exhibit A – Scope of Work is deleted in its entirety and replaced with the following:

Exhibit A SCOPE OF WORK

Program Overview To mitigate the economic impact of COVID-19-related school closures on child care needs, Sutter County has committed up to $800,100 in federal Coronavirus Relief Funds to provide grants to families to support increased child care costs. This program will be administered by Sutter County Superintendent of Schools on behalf of Sutter County. Program eligibility shall be determined solely by Superintendent based on the following criteria:

1. The family must reside in Sutter County, including the incorporated cities of Live Oak and Yuba City;

2. The Child(ren) is/are enrolled in grades kindergarten through sixth in a public school in Sutter County, and the school has reduced attendance hours;

3. Child is enrolled in and attends a child care facility or home day care during hours that they would normally be in school, but for the COVID-19-related closure;

4. The parent(s) work attendance corresponds with the days requested for payment (work days must be documented);

5. Household income must be less than or equal to 300% of the federal poverty level (FPL) as determined by the US Department of Health and Human Services, and income will be determined consistent with the Workforce Investment and Opportunity Act (WIOA) Title 1 program guidelines;

6. The parent(s) and daycare providers must be free of Federal liens or judgments or other conditions that would exclude them from receiving federal funds, including debarment.

Superintendent shall promote the program throughout Sutter County, including notifying all public school districts of the availability of funding. Program materials shall be produced in

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English, Spanish and Punjabi. Eligible families may receive reimbursement for child care expenses at the rate of $35.00 per day per child up to a maximum of $2,100.00 per family. Families shall apply for funding using the application form included as Exhibit B and provide documentation of hours using the form included as Exhibit C. Superintendent may make modifications to Forms B and C for administrative efficiency so long as the modifications do not conflict with the program eligibility requirements stated herein. Child care providers shall be required to provide information on the Child Care Services Application included as Exhibit D and document hours of child care provided on the Itemized Child Care Claim Receipt included as Exhibit E. Superintendent may make modifications to forms D and E for administrative efficiency so long as the modifications do not conflict with the program eligibility requirements stated herein. Superintendent shall ensure that recipients of funding release and hold harmless Sutter County from any injury, illness or other ill effect of receiving child care supported by Sutter County funds. Superintendent shall report actual expenditures for the month to Sutter County Administrator within ten (10) days after the end of the month. Qualifying expenditures shall commence with the first day of the school that the eligible child attends and will end on February 15, 2021 or when funding is exhausted, whichever occurs first.

All other terms and conditions of the Agreement shall remain in full force and effect.

In the event of any conflict or inconsistency between the provisions of this Amendment and the

Agreement, it shall be resolved such that the provisions of this Amendment shall control in all

respects.

IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the

dates of their signatures.

COUNTY OF SUTTER Sutter County Superintendent of Schools

By: By:

Mat Conant Ron Sherrod, CPA

Acting Chair Assistant Superintendent

DATE: DATE:

APPROVED AS TO FORM:

By:

County Counsel

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From: John Shalowitz,

Department: Fire Services

Subject: Approval of an amendment to Fiscal Year 2020-21 Budgets for County Service Area-C (0-309) and County Service Area-D (0-311) in the amount of $1,200.00 each to account for a price increase to the Extrication Tool Capital Assets allocated for both budgets.(4/5 vote required) (BTV pending).

Recommendation It is recommended that the Board of Supervisors approve a Budget Amendment in the amount of $1,200 to the FY 2020-21 budget for both County Service Area-C and County Service Area-D budgets for the purchase and delivery of Holmatro Extrication Tools (4/5 vote required) Background County Service Areas C and D identified in the FY 2020-21 budget the need to add Capitol Asset purchases for portable capabilities to their existing extrication equipment by adding one battery powered vehicle extrication tool in both service areas. Discussion The Holmatro Tools that were requested for each County Service Area had a price increase during the budget approval period of $1,200.00 per extrication tool. This is the need for this BTV showing the increase in cost. Prior Board Action No prior Board Actions. Board Alternatives The board can choose to not approve the budget amendment and purchase of the extrication tools. Other Department and/or Agency Involvement

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This Staff Report and Budget Transfer has been reviewed by the County Administrator's Office, the Auditor-Controller's Office and the Office of County Counsel. Action Following Approval The Auditor-Controller's Office will post the approved Budget Transfer. The Fire Department will work with General Services to coordinate the purchase and delivery of the equipment. Fiscal Impact There is no impact to the General Fund. Countywide Goals & Top Priorities Compliance This recommendation aligns with the Countywide goals of operating County government in a fiscally and managerially responsible manner and maintaining a strong commitment to public safety. Respectfully Submitted,

s/ John Shalowitz

Attachments: 1. CSA-C (0309) and CSA-D (0311) Increase Holmatro CA_BA from CancelObligFund

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