HomeMy WebLinkAboutA011210BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA
JANUARY 12, 2 010
:~,
~~e~\~11I I lll~l//i~ ~.
::~`
~..
~~:.-
r-_~ ~~
~ ~ ;~
. - .
County Supervisors
..,~
~-
Bill Connelly, District 1
Jane Dolan, District 2
Maureen Kirk, District 3
Steve Lambert, District 4
Kim Yamaguchi, District 5
Scott Tandy, Interim Chief
Administrative Officer and
Clerk of the Board
Bruce Alpert, County Counsel
BUTTE COUNTY BOARD OF SUPERVISORS
9:00 A.M. 1.00 CALL TO ORDER
AGENDA -JANUARY 12 , 2010
1.01 Call to Order - Board of Supervisors Room, County
Administration Building, 25 County Center Drive,
Oroville.
1.02 Pledge of Allegiance to the Flag of the United States
of America.
1.03 Observation of a Moment of Silence.
1.04 CORRECTIONS AND/OR CHANGES TO THE AGENDA.
2.00
2.01
2.02
2.03
BOARD OF SUPERVISORS ORGANIZATION - 2 O O 9
Election of Board Chair
Election of Board Vice Chair
Comments by Supervisors:
1. New Chair
2. Board Members
ASSESSOR
3.00 CONSENT AGENDA
3.01 * Resolution Recognizing Gerry Grandstaff Upon His
Retirement from Butte County - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
3.02 * Fixed Asset Purchase and Budget Adjustment - approval
is requested for the fixed asset purchase of a Recorder
Interface which will upgrade the Megabyte Property Tax
System. This upgrade will be funded by restricted
funds from the Property Tax Administration Program and
salary savings from within the department's budget -
action requested - APPROVE FIXED ASSET PURCHASE OF THE
RECORDER INTERFACE IN THE AMOUNT OF $10,000; AND
APPROVE RELATED BUDGET TRANSFER (4/5 vote required)
ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE
AGENDA REPORT.
PAGE 1 JANUARY 12, 2010
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - .TANIIARY 12 , 2010
BEHAVIORAL
HEALTH 3.03 * Youth with a Mission - approval is requested for this
facility use agreement for the Junior High School
"Reach for the Future" conference which will be held at
the Springs of Living Water Conference Grounds in March
2010. The term of the agreement is March 25-27, 2010
with a maximum amount payable of $30,838.20 (department
budget utilizing grant funds) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
3.04 * Youth with a Mission - approval is requested for this
facility use agreement for the High School "Reach for
the Future" conference which will be held at the
Springs of Living Water Conference Grounds in March
2010. The term of the agreement is March 4-6, 2010
with a maximum amount payable of $30,838.20 (department
budget utilizing grant funds) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
3.05 * Youth for Chance - amendment - approval is requested
for an amendment to the agreement with Youth for Change
for the provision of services associated with the
Mental Health Services Act (MHSA) LINK Program
including outreach for homeless youth, transitional
shelter, and a multi-service drop-in center. The
amendment decreases the maximum amount payable by
$34,500. All other terms and provisions remain the
same - action requested - APPROVE AGREEMENT AMENDMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY.
3.06 * Butte County Probation Department - approval is
requested for an agreement with Probation for the
provision of case management and supervision for
participants in the Substance Abuse Crime Prevention
Act (SACPA) Offender Treatment Program. The term of
the agreement is July 1, 2009 through June 30, 2010
with a maximum amount payable of $137,398 - action
requested - APPROVE AGREEMENT AND AUTHORIZE CHAIR TO
SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
PAGE 2 JANUARY 12, 2010
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 12 , 2010
3.07 * California Emergency Management Agency (Cal EMA)
Justice Assistance Offender Treatment Program Grant -
approval is requested for the department to submit a
grant application to Cal EMA for funding for services
related to the Offender Treatment Program. There is no
County match required - action requested - APPROVE
SUBMISSION OF GRANT APPLICATION AND AUTHORIZE THE CHAIR
TO SIGN THE ASSURANCES AND CERTIFICATIONS AS REQUIRED
BY THE STATE.
3.08 * Authorization for Payment of Unauthorized Purchases -
approval is requested for authorization of payment of
four invoices totaling $3,104.61 payable to Wizard
Graphics. These purchases did not follow the County's
Purchasing procedures and require Board approval of
unauthorized purchases - action requested - AUTHORIZE
PAYMENT OF INVOICES TOTALING $3,104.61.
3.09 * Relief from Accountability - approval is requested for
relief of accountability in the amount of $2,395 for
lost or stolen gift cards. An investigation by the
Auditor's office found no evidence of fraud, gross
negligence, disregard of procedures, or undue lack of
care - action requested - APPROVE RELIEF OF
ACCOUNTABILITY IN THE AMOUNT OF $2,395.
3.10 * Butte County Office of Education (BCOE) - approval is
requested for a revenue agreement with BCOE for the
provision of community and school based drug prevention
strategies in the Oroville area. The term of the
agreement is October 1, 2009 through September 30, 2010
with a maximum amount receivable of $6,000 - action
requested - APPROVE AGREEMENT AND AUTHORIZE CHAIR TO
SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER; AND APPROVE BUDGET TRANSFER (4/5
vote required) ACCEPTING AND APPROPRIATING FUNDS AS
DETAILED IN THE AGENDA REPORT.
3.11 * U.S. Department of Justice Drug Court Discretionary
Grant - approval is requested to accept and appropriate
$200,000 in grant funds from the Department of Justice
to enhance Butte County's Drug Court Program - action
requested - APPROVE BUDGET TRANSFER (4/5 vote required)
ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS
DETAILED IN THE AGENDA REPORT; AND APPROVE RELATED
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
PAGE 3 JANUARY 12, 2010
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 12 , 2010
BOARD OF
SUPERVISORS 3.12 Oroville Cemetery District - action requested - APPOINT
ERIC RAMSEY AS TRUSTEE TO A TERM TO END JANUARY 1,
2014. (Supervisor Connelly)
CHIEF
ADMINISTRATIVE
OFFICE 3.13 * Approval of Minutes - action requested - APPROVE
MINUTES OF OCTOBER 13, 2009, DECEMBER 8, 2009 AND
DECEMBER 14, 2009.
3.14 * Local Aaency Improvement Fees - submitted is the
Combined Report of Impact Fees or Local Agency
Improvement Fees for Fiscal Year 2008/2009. This
report has been on file and available for public
inspection in the Chief Administrative Office since
December 21, 2009 - action requested - ACCEPT REPORT
AND MAKE FINDINGS AS DETAILED IN THE AGENDA REPORT FOR
EACH OF THE REQUIRED FUNDS/ACCOUNTS WITH REGARD TO
PURPOSE, RELATIONSHIP, SOURCE AND AMOUNTS, AND TIMING
AS SET FORTH IN GOVERNMENT CODE SECTION 66001(d).
3.15 * Fire Chief and County Fire Warden - Per Butte County
Code (BCC), the California Department of Forestry and
Fire Protection (CAL FIRE) shall serve as the Butte
County Fire Department, and the Unit Chief of the CAL
FIRE Butte Unit serves as the County Fire Warden and
Fire Chief. On December 28, 2009, George Morris was
sworn in as Unit Chief of the CAL FIRE Butte Unit, and
per BCC, became the County Fire Warden and Fire Chief -
action requested - ACCEPT FOR INFORMATION.
3.16 * Resolution Adopting and Implementing Coordinated Aaency
Status with Federal and State Agencies Maintaining
Jurisdiction Over Lands or Resources in Butte Countv -
consideration of a resolution which will allow the
County early involvement in the planning process on how
federal lands within Butte County are managed and
utilized. The resolution also establishes Butte County
as a coordinating agency with the State of California -
action requested - ADOPT RESOLUTION AND AUTHORIZE THE
CHAIR TO SIGN.
COUNTY
COUNSEL 3.17 * Liebert Cassidy Whitmore - ratification is requested
for an agreement with Liebert Cassidy Whitmore for the
provision of legal services associated with employment
relation matters, including representation in
negotiations and in administrative and court
proceedings - action requested - RATIFY AGREEMENT.
PAGE 4 JANUARY 12, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA - .TANIIARY 12 , 2010
DISTRICT
ATTORNEY 3.18 * LexisNexis - amendment - approval is requested for an
amendment to the subscription plan with LexisNexis for
on-line legal resources. The amendment extends the
term of the agreement through October 31, 2012 and
increases the maximum amount payable by $27,300
(department budget). All other terms and provisions
remain the same - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
3.19 * Chico Environmental Science and Planning - amendment -
approval is requested for an amendment to this
agreement for the provision of material testing, site
analysis, and expert services. The amendment increases
the maximum amount payable by $30,000 (department
budget). All other terms and provisions remain the
same - action requested - APPROVE AGREEMENT AMENDMENT
AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
FIRE 3.20 * Butte County Fire Safe Council - amendment - approval
is requested for an amendment to this agreement for
completion of projects funded under the Secure Rural
Schools and Community Self-Determination Act of 2000
(HR-2389). The amendment extends the term of the
agreement through December 11, 2011. All other terms
and provisions remain the same - action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Contract No. X16986)
GENERAL
SERVICES 3.21 * Stericycle - approval is requested for an agreement
with Stericycle for the provision of bio-hazardous
waste disposal for the departments of Behavioral
Health, Probation, Public Health, and the Sheriff's
Office. The term of the agreement is January 12, 2010
through January 12, 2012 with a maximum amount payable
of $35,000 - action requested - APPROVE AGREEMENT AND
AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
3.22 * Prior Year Appropriation Adjustments - General Services
has consolidated various budget units into one budget
unit in Fiscal Year 2009/2010 by abandoning old budget
unit numbers and establishing cost centers. Approval
is requested for appropriations from the former budget
units to the new cost centers as detailed in the agenda
report - action requested - APPROVE BUDGET TRANSFERS
(4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS
AS DETAILED IN THE AGENDA REPORT.
PAGE 5 JANUARY 12, 2010
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 12 , 2010
HUMAN
12ESOUizcES 3.23 * Resolutions Honoring Butte County Employees for
Dedicated Years of Service - presentation of awards to
Butte County employees. Mary Randall and Maria Diaz
each have thirty years of service and Douglas Arnold
and Steve Musselman each have thirty-five years of
service - action requested - ADOPT RESOLUTIONS (4) AND
AUTHORIZE THE CHAIR TO SIGN.
3.24 * Managed Health Network (MHN) - amendment - approval is
requested for an amendment to the agreement with MHN,
the provider of the Butte County Employee Assistance
Program. MHN has requested to amend the agreement
which will change Section v, "Term and Termination,"
paragraph 5.1 as detailed in the agenda report. The
term of the amendment is July 1, 2009 through June 30,
2010 and does not include an adjustment of fees. All
other terms and provisions remain the same - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER. (Contract No. X16349)
3.25 * California State Association of Counties Excess
Insurance Authority (CSAC-EIA) - approval is requested
for an agreement with CSAC-EIA for the dental care
services benefit for the employees of Butte County.
This agreement will replace the existing agreement
between the County and Delta Dental of California.
This new agreement ensures that the contractual
provisions of the agreement with Delta Dental will now
be executed under CSAC-EIA's contract with Delta Dental
as detailed in the agenda report. There will be no
change to plan benefits, coverage documents, or current
billing and/or eligibility processes - action
requested - APPROVE AGREEMENT AND AUTHORIZE CHAIR TO
SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER; AND AUTHORIZE THE CHIEF
ADMINISTRATIVE OFFICER TO SIGN STABILIZATION CONSENT
AGREEMENT.
3.26 * Vision Service Plan (vSP) - approval is requested for
a renewal agreement with vSP for the provision of a
group vision care plan offered to Butte County
employees. The term of the agreement is January 1,
2009 through December 31, 2011. The agreement is
funded by payroll withholding - action requested -
APPROVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
PAGE 6 JANUARY 12, 2010
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - .TANIIARY 12 , 2010
3.27 * Vision Service Plan (VSP) - amendment - approval is
requested for an amendment to the agreement with VSP.
The amendment includes the requirement that the Board
of Supervisors approve any future changes to the
agreement through an appropriate Butte County
Amendment - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
3.28 * Resolution to Amend the Salary Ordinance - the
department has prepared a resolution which will amend
the salary ordinance as follows:
DISTRICT ATTORNEY - requests to add budget unit 320-006
titled, "320-006 District Attorney- IHSS Fraud" to the
Salary Ordinance. Concurrent with this request District
Attorney's Office would like to add the following
positions to the newly created budget unit: one
position of Investigator II/I and one position of
Investigative Assistant. Both positions will end June
30, 2010. The department also requests these same
positions be deleted from budget unit 320-005. These
positions were approved by the Board of Supervisors on
the December 8, 2009. The actions above are
transferring the approved positions to a different
budget unit. These changes will leave the total
allocations unchanged at 85.5.
HUMAN RESOURCES - requests to add the following
classifications to Section 57, Reference F of the
Salary Ordinance titled, "Management, Confidential and
Supervisory Unit:" Financial Analyst and Financial
Analyst, Associate. These new classification were
agreed to by both the Department of Human Resources and
the applicable Employee Association. In addition, the
department is requesting to change the range for the
classification of Psychiatrist from 86 to 93. This
change is being made based upon a total compensation
study that was completed because the department has had
difficulties attracting qualified applicants to the
County. The change was agreed to by both the Human
Resources Department and applicable Employee
Association. After the 2005 Compensation Study,
incumbents in this classification were y-rated. This
change will remove the y-rate.
PAGE 7 JANUARY 12, 2010
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - .TANIIARY 12 , 2010
CHIEF ADMINISTRATIVE OFFICE - requests to delete one
position of Management Analyst, Associate/Management
Analyst/ Management Analyst, Senior/Management
Analyst, Principal and add one position of Financial
Analyst/Financial Analyst, Associate. These changes
will better reflect the duties and assignments that
need to be performed in the department. These changes
will leave the total allocations in the department
unchanged at 27.
ASSESSOR - requests to add the following positions: one
position of Property Appraiser (position to end
06/30/10) and one position of Property Appraiser,
Principal/Property Appraiser, Senior/Property
Appraiser. The department also requests to delete one
position of Supervisor, Appraiser/Property Appraiser,
Principal. The Property Appraiser sunset position will
be funded by salary savings within the current budget.
The other change will allow the department more
flexibility when hiring a candidate to fill the
position. These changes will increase the total
allocations in the department from 39 to 40.
BEHAVIORAL HEALTH - requests to move the following
position from budget unit 541-012 to 541-011:
Behavioral Health Education Specialist,
Senior/Behavioral Health Education
Specialist/Behavioral Health Education Specialist,
Associate. The department also requests to move the
following from budget unit 541-011 to 541-012: Mental
Health Clinician/Mental Health Clinician Intern. These
changes are being made to align the positions with the
funding source that supports each. These changes will
leave the total allocations in the department unchanged
at 312.75 - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN.
LIBRARY 3.29 * Library Donations - pursuant to Government Code
Section 25355, donations of $500 from Greater Oroville
Community Outreach; $200 from CHSA Region 2; $200 from
Maudie Penney; $984.89 from Chico Friends of the
Library; and $1,200 from Oroville Friends of the
Library have been received for books; and $456 from
Roger Pearson has been received for operations - action
requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF
APPRECIATION.
PAGE 8 JANUARY 12, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -JANUARY 12 , 2010
3.30 * Donations for Wireless Computer Equipment - pursuant to
Government Code Section 25355, donations of $740 each
have been received from the City of Gridley, the
Oroville Friends of the Library, and the Paradise
Friends of the Library for the installation of wireless
Internet access at the Gridley, Oroville, and Paradise
branches - action requested - ACCEPT DONATIONS AND
AUTHORIZE LETTERS OF APPRECIATION.
PROBATION 3.31 * Dale Fry, Backgrounds and More - amendment - approval
is requested for an amendment to the agreement with
Dale Fry for the provision of pre-employment background
investigations for Probation and Juvenile Hall. The
amendment increases the maximum amount payable by
$12,350 (department budget) - action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Contract No. X16492)
3.32 * Paradise Unified School District (PUSD) - approval is
requested for an agreement with PUSD in which one
officer will serve as a Truancy/Probation Officer at
District schools. The term of the agreement is July 1,
2009 through June 30, 2010 with PUSD contributing
$40,000 to the County from the Safe Schools Healthy
Students grant - action requested - APPROVE AGREEMENT
AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
3.33 * People Support Rapidtext, Inc. - amendment - approval
is requested for an amendment to this agreement for the
provision of transcription services. The amendment
extends the term of the agreement and increases the
maximum amount payable by $22,853 (department
budget) - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
PUBLIC
HEALTH 3.34 * Resolution Recognizing Esther Corona Upon Her
Retirement from Butte County - action requested -
ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
PAGE 9 JANUARY 12, 2010
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 12 , 2010
3.35 * Enloe Medical Service - amendment - approval is
requested for an amendment to the agreement with Enloe
Medical Center for the provision of ambulance services
to residents within the boundaries of County Service
Area 37 - Gridley/Biggs Ambulance Service. The
amendment extends the term of the agreement through
December 31, 2010. All other terms and provisions
remain the same -action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract
No. X13329)
3.36 * Resolution Authorizing Grant Application to the
California Office of Traffic Safety - consideration of
a resolution approving application for funds for the
Occupant Safety - Arrive Alive Program intended to
enhance traffic safety. If awarded, the term of the
grant will be October 1, 2010 through September 30,
2011 - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN.
3.37 * 2009/2010 Children's Medical Services Child Health and
Disability Prevention (CHDP) and the California
Children's Services (CCS) Program Joint Plan -
submitted is the 2009/2010 Children's Medical Services
CHDP/CCS Joint Plan which summarizes the overall
program activities that will be accomplished within
each program - action requested - APPROVE THE
SUBMISSION OF THE 2008/2009 JOINT PLAN AND AUTHORIZE
THE CHAIR TO SIGN THE PLAN DOCUMENT.
PUBLIC
woxxs 3.38 * Contract Change Order and Notice of Completion for
Overlay of Lower Honcut Road from State Route 70 to
Palermo Honcut Highway, County Project No. 04451-09-1 -
approval is requested for this change order which
provides for the increase in the engineer's estimate to
reflect the actual quantity of materials used in the
field and to provide additional compensation to revise
the striping layout. Approval is also requested for a
notice of completion for this project as all contract
work has been completed in accordance with the plans
and specifications - action requested - 1) APPROVE
CONTRACT CHANGE ORDER AND AUTHORIZE CHAIR TO SIGN; 2)
ACCEPT CONTRACT WORK; 3) AUTHORIZE THE CHAIR TO SIGN
THE NOTICE OF COMPLETION; AND 4) AUTHORIZE THE
RECORDING OF THE NOTICE OF COMPLETION.
PAGE 10 JANUARY 12, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -JANUARY 12 , 2010
3.39 * Quincy Engineering Inc. - approval is requested for an
agreement with Quincy Engineering Inc. for the review,
redevelopment and modification of plans,
specifications, and estimate (PS&E) for the
construction of the Ord Ferry Road Bridge Seismic
Retrofit at a cost not to exceed $547,049.53. The
project is funded through the Federal Highway Bridge
Program which provides 88.53° reimbursement for
preliminary engineering - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
3.40 * Resolution Accepting Roads and Drainage Facilities
within Southgate Subdivision and Southgate Acres
Subdivision No. 2 - On June 9, 2009 property owners
approved ballot proceedings in County Service Area 90,
Zones 1 and 2 to establish a new maximum service charge
for storm drainage maintenance and request that Butte
County take over maintenance of their roads and storm
drainage facilities - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
SHERIFF-
CORONER 3.41 * Resolution Recognizing Sergeant James LaPorte Upon His
Retirement from Butte County - action requested -
ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
3.42 * Fixed Asset Purchase - approval is requested for the
purchase of two new Sheriff's patrol vehicles for
$75,000 (Equipment Replacement Funds) - action
requested - APPROVE FIXED ASSET PURCHASE OF TWO
VEHICLES; AND APPROVE BUDGET TRANSFER ACCEPTING AND
APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT.
TREASURER
TAX COLLECTOR 3.43 * Monthly Investment Report - submitted is the monthly
investment report dated November 30, 2009, in
accordance with Butte County Statement of Investment
Policy dated July 1, 2009 - action requested - ACCEPT
FOR INFORMATION.
PAGE ll JANUARY 12, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
WATER AND
RESOURCE
CONSERVATION
OTHER
DEPARTMENTS
AND AGENCIES
PAGE 12 JANUARY 12, 2010
AGENDA -JANUARY 12 , 2010
3.44 * Brown and Caldwell - approval is requested for an
agreement with Brown and Caldwell for the provision of
tasks related to the Lower Tuscan Monitoring, Recharge
and Data Management project as detailing in the agenda
report. The term of the agreement is January 12, 2010
through December 31, 2013 with a maximum amount payable
of $1,642,510. This agreement is funded through grant
funds from the Department of Water Resources through
Proposition 50 - action requested - APPROVE AGREEMENT
AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
3.45 * Encroachment Contract with Department of Water
Resources (DWR) and the Del Oro Water Company -
amendment - approval is requested for an amendment to
this agreement which provides for access by Del Oro
Water Company on behalf of the County to construct a
water supply turnout at the Lime Saddle Marina for the
delivery of State Water Project Water. The amendment
provides for changes to the right-of-way as detailed in
the agenda report - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
3.46 * Local Child Care Planning Council (LPC) Membership
Certification - the Butte County Office of Education
submits for approval the Local Child Care Planning
Council Certification Statement - action requested -
ACCEPT AND APPROVE THE CERTIFICATION STATEMENT
REGARDING COMPOSITION OF THE LOCAL CHILD CARE PLANNING
COUNCIL AND AUTHORIZE THE CHAIR TO SIGN.
3.47 * Butte County Public Law Library Report - submitted is
the 2008/2009 Law Library Annual Report - action
requested - ACCEPT FOR INFORMATION.
3.48 * First 5 Butte County Children and Families Commission
(BCCFC) Annual Audit Report - submitted is the Fiscal
Year 2008/2009 BCCFC Annual Audit Report - action
requested - ACCEPT FOR INFORMATION.
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -JANUARY 12 , 2010
PRESENTATION OF RESOLUTIONS ADOPTED ON THE CONSENT AGENDA.
4.00 REGULAR AGENDA
BOARDS,
COMMISSIONS AND
COMMITTEES 4 . 01 * Boards, Commissions and Committees .
1. Appointments to Listed Vacancies.
2. Board Member or Committee Reports.
BUDGET, LEGISLATIVE
OR COUNTY RELATED
UPDATES 4.02 Update on Current Budget and Legislative Issues by the
Chief Administrative Officer.
4.03 Update of General Plan 2030 Process by Director-
Development Services.
4.04 * Update Regarding Upcoming Butte County Code Amendments.
PRESENTATION
AND DISCUSSION
ITEMS 4.05 * Code Enforcement Program Priorities - The Code
Enforcement Advisory Board has submitted
recommendations regarding program priorities - action
requested - ACCEPT FOR INFORMATION AND PROVIDE
DIRECTION AS NEEDED. (Department of Development
Services)
PAGE 13
JANUARY 12, 2010
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 12 , 2010
4.06 * United States Department of Agriculture (USDA) Grant
for Sheriff's Vehicles - After receiving a report on
potential stimulus funding through the American
Economic Recovery and Reinvestment Act (ARRA), two
grant applications were submitted to the USDA for the
purchase of two-four wheel drive pickup trucks at a
cost of approximately $43,000 each to be used in the
Concow and Bangor areas. The grant applications have
been approved and will require a match from the
County's Equipment Replacement Fund totaling $30,304 -
actions requested -
1) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN;
2) AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER OR
DESIGNEE TO EXECUTE ALL DOCUMENTS RELATED TO THE
GRANT;
3) APPROVE RELATED BUDGET ADJUSTMENTS (4/5 vote
required) ACCEPTING AND APPROPRIATING FUNDS AS
DETAILED IN THE AGENDA REPORT; AND
4) AUTHORIZE THE FIXED ASSET PURCHASE OF TWO
VEHICLES. (Chief Administrative Office and
Sheriff)
4.07 Items Removed from the Consent Agenda for Board
Consideration and Action.
PAGE 14 JANUARY 12, 2010
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 12 , 2010
rJ . OO PUBLIC HEARINGS AND TIMED ITEMS
9:35 A.M. 5.01 * Continued Public Hearing - Appeal of Planning
Commission's Denial Without Prejudice of Tentative
Parcel Map (TPM09-0002) for James Miller -
consideration of an appeal to divide 11.2 acres into a
total of five parcels (three parcels at 1.0 acre and
one parcel at 1.24 acres with a remainder of 6.88
acres). The project site is located south of Chico
with access to the site off of Speedway Avenue. The
Planning Commission voted unanimously to deny the
application without prejudice. Staff recommends denial
of the appeal. At the request of the appellant, this
item was opened and continued at the November 10, 2009
Board of Supervisors meeting - action requested -
ADOPT RESOLUTION DENYING THE APPEAL AND UPHOLDING THE
PLANNING COMMISSION'S DECISION. (Department of
Development Services)
10:00 A.M. 5.02 * Public Hearing - Appeal of Encroachment Permit Denial
(APN 069-170-042) - consideration of an appeal of the
Department of Public Work's denial of an encroachment
permit for the property located at 85 Montrose Drive,
Oroville. The owners requested to place a second
driveway to their home and would need to cross the "1-
foot no access strip" adjacent to Kelly Ridge Road that
was required as a condition of approval for the Kelly
Ridge Subdivision Map - action requested - UPHOLD
PUBLIC WORKS' DECISION AND DENY APPEAL. (Department of
Public Works)
PAGE 15 JANUARY 12, 2010
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 12 , 2010
10:15 A.M. 5.03 * Public Hearings - Itemized Cost of Nuisance Abatement
for the Following Properties -
A. 405 Lone Tree Road, Palermo, APN 025-340-018
(CE08-1256) - This property was abated by the
County on September 26 and September 28, 2009 -
action requested - APPROVE THE PLACEMENT OF A
LIEN ON THE PROPERTY IN THE AMOUNT OF $4,412.76
AND ORDER THE AMOUNT DUE BE PLACED UPON THE
COUNTY TAX ROLL AS A SPECIAL ASSESSMENT TO BE
COLLECTED AT THE SAME TIME AND IN THE SAME MANNER
AS PROPERTY TAXES ARE COLLECTED.
B. 13372 Concow Road, Oroville, APN 058-220-018
(CE08-1200) - After the hearing officer's
decision, the property was abated by the property
owner on July 17, 2009 - action requested -
APPROVE THE PLACEMENT OF A LIEN ON THE PROPERTY
IN THE AMOUNT OF $2,488.14 AND ORDER THE AMOUNT
DUE BE PLACED UPON THE COUNTY TAX ROLL AS A
SPECIAL ASSESSMENT TO BE COLLECTED AT THE SAME
TIME AND IN THE SAME MANNER AS PROPERTY TAXES ARE
COLLECTED.
C. 2154 Fort Wayne Street, Oroville, APN 035-153-016
(CE07-0118) - This property was abated by the
County on April 7-8, 2008 - action requested -
APPROVE THE PLACEMENT OF A LIEN ON THE PROPERTY
IN THE AMOUNT OF $5,004.79 AND ORDER THE AMOUNT
DUE BE PLACED UPON THE COUNTY TAX ROLL AS A
SPECIAL ASSESSMENT TO BE COLLECTED AT THE SAME
TIME AND IN THE SAME MANNER AS PROPERTY TAXES ARE
COLLECTED.
D. 116 Lakeland Boulevard, Oroville, APN 033-025-008
(CE08-0920)- This property was abated by the
County between October 19 and 27, 2009 - action
requested - APPROVE THE PLACEMENT OF A LIEN ON
THE PROPERTY IN THE AMOUNT OF $6, 636.15 AND ORDER
THE AMOUNT DUE BE PLACED UPON THE COUNTY TAX ROLL
AS A SPECIAL ASSESSMENT TO BE COLLECTED AT THE
SAME TIME AND IN THE SAME MANNER AS PROPERTY
TAXES ARE COLLECTED.
PAGE 16 JANUARY 12, 2010
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 12 , 2010
E. 8710 Cohasset Road, Cohasset, APN 056-400-019
(CE07-1389)- This property was abated by the
County between September 21 and 28, 2009 - action
requested - APPROVE THE PLACEMENT OF A LIEN ON
THE PROPERTY IN THE AMOUNT OF $23,277.10 AND
ORDER THE AMOUNT DUE BE PLACED UPON THE COUNTY
TAX ROLL AS A SPECIAL ASSESSMENT TO BE COLLECTED
AT THE SAME TIME AND IN THE SAME MANNER AS
PROPERTY TAXES ARE COLLECTED. (Department of
Development Services)
10:30 A.M. 5.04 * Public Hearing - Moratorium on Establishment or
Operation of Marihuana Dispensaries - consideration of
a proposed interim urgency ordinance which will
prohibit the establishment, development, construction,
maintenance, operation, or enlargement of marijuana
dispensaries within the unincorporated areas of Butte
County and prohibit the acceptance, filing, processing,
issuance or approval of any development applications
relating to marijuana dispensaries. As required by
State law, the proposed ordinance contains findings
that the establishment or operation of marijuana
dispensaries in Butte County would result in a current
and immediate threat to public health, safety, and
welfare. If adopted the ordinance will become
effective immediately and remain in effect for 45 days
in order for the County to formally study the
possibility of regulating or prohibiting such
facilities in the unincorporated areas of Butte County.
If needed, the ordinance may be extended while the
study is being finalized - action requested - DIRECT
CHIEF ADMINISTRATIVE OFFICER TO DEVELOP APPROPRIATE
ZONING AND LICENSING REGULATIONS GOVERNING MEDICAL
MARIJUANA DISPENSARIES TO ENSURE COMPLIANCE WITH THE
REQUIREMENTS AND INTENT OF STATE LAW AND MINIMIZE
IMPACTS TO COMMUNITIES; AND ADOPT ORDINANCE (4/5 vote
required) AND AUTHORIZE THE CHAIR TO SIGN. (County
Counsel)
RECESS
Recess as the Butte County Board of Supervisors and
Convene as the In-Home Supportive Services Public
Authority Board.
PAGE 17 JANUARY 12, 2010
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 12 , 2010
BUTTE COUNTY
IN-HOME SUPPORTIVE SERVICES
PUBLIC AUTHORITY BOARD
AGENDA
JANUARY 12 , 2 010
1.00 CALL To ORDER - Butte County Board of Supervisors Room,
25 County Center Drive, Oroville.
2 . O O AGENDA I TEMS ( None )
3.00 PUBLIC COMMENT
Comments to the Board on issues and items not listed on
the agenda. Presentations will be limited to five
minutes. Please note that pursuant to California state
law, the Board is prohibited from taking action on any
item not listed on the agenda.
4.00 CLOSED SESSION
4.01 CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT
CODE SECTION 54957.6:
LABOR NEGOTIATOR: CATHI GRAMS/LAURA BRUNSON/JACK
HUGHES
EMPLOYEE ORGANIZATION: CUHW
ADJOURNMENT
Adjourn as the Butte County In-Home Supportive Services
Public Authority Board and reconvene as the Butte
County Board of Supervisors.
PAGE 18 JANUARY 12, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -JANUARY 12 , 2010
F) . OO PUBLIC COMMENT
Comments to the Board on issues and items not listed
on the agenda. Presentations will be limited to five
minutes. Please note that pursuant to California
state law, the Board of Supervisors is prohibited
from taking action on any item not listed on the
agenda.
7.00 CLOSED SESSION
7.01 PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT/RECRUITMENT,
PURSUANT TO GOVERNMENT CODE SECTION 54957: CHIEF
ADMINISTRATIVE OFFICER.
7.02 CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54957.6:
LABOR NEGOTIATORS: BILL AVERY/LAURA BRUNSON
EMPLOYEE ORGANIZATION: BCEA, BCMEA, CWA, DSA -
MANAGEMENT/SUPERVISORY
UNIT, DSA - GENERAL UNIT,
BCCOA - SUPERVISORY UNIT,
BCCOA - GENERAL UNIT,
PPOA, AND PEA.
7.03 PUBLIC EMPLOYEE EMPLOYMENT, PERFORMANCE EVALUATIONS,
INCLUDING: GOALS, PURSUANT TO GOVERNMENT CODE SECTION
54957:
1. AGRICULTURAL COMMISSIONER
2. BEHAVIORAL HEALTH DIRECTOR
3. CHIEF ADMINISTRATIVE OFFICER
4. CHIEF PROBATION OFFICER
5. CHILD SUPPORT SERVICES DIRECTOR
6. COUNTY COUNSEL
7. DEVELOPMENT SERVICES DIRECTOR
8. EMPLOYMENT AND SOCIAL SERVICES DIRECTOR
9. HUMAN RESOURCES DIRECTOR
10. INFORMATION SERVICES DIRECTOR
11. LIBRARY DIRECTOR
12. PUBLIC HEALTH DIRECTOR
13. PUBLIC WORKS DIRECTOR
14. WATER AND RESOURCE CONSERVATION DIRECTOR
PAGE 19 JANUARY 12, 2010
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - .TANIIARY 12 , 2010
7.04 ACTUAL LITIGATION PURSUANT TO GOV. CODE SECTION
54956.9(a) - TWO CASES
1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100);
2. DRY CREEK COALITION V. NORTH CONTINENT LAND AND
TIMBER, ET AL.; BUTTE COUNTY SUPERIOR COURT
CASE NO. 144532.
PAGE 20 JANUARY 12, 2010
Information and Procedures Concerning the Agenda and Conduct of
the Board of Supervisors Meetings
Meeting Information: Meetings are generally held the second and fourth Tuesday of each month. Meetings start at 9:00 a.m. and
are held in the Board of Supervisors Chambers, County Administration Building, 25 County Center Drive,
Oroville. At the end of each year the Board adopts a meeting schedule for the upcoming year. Meeting
dates can be changed as a result of holidays or other events so please check the meeting calendar to be
certain. Copies of the adopted meeting calendar for the year are available in the County Administrative
Office or at the Clerk of the Board website at www.buttecounty.net/cob.
Agenda Information: The agenda for every meeting of the Board is posted in front of the County Administration Building at
least 72 hours before each meeting, and is available by mail subscription, e-mail subscription, or at the
Clerk of the Board website. A copy of the agenda and supporting materials provided to the Board of
Supervisors members to explain each agenda item (excluding documents that are not a public record within
the meaning of the Public Records Act) are available for your review at the County Administrative Office,
the Chico, Oroville, and Paradise libraries (please do not remove items from these files), and at the Clerk
of the Board website. Copies of supporting materials can be made for you at a charge to cover costs. The
list of communications included with the agenda packages is not comprehensive. Additional
communications to the Board of Supervisors may have been received but not included in the agenda
supporting material. Copies of all communications received by the Board of Supervisors (excluding
documents that are not a public record within the meaning of the Public Records Act) are available at the
Administrative Office upon request. An (*) appearing before an agenda item signifies that material has
been provided to the Board of Supervisors members to explain that item.
Agenda Format and
Meeting Order: The agenda is usually organized into the following areas and meetings generally proceed in the following
order:
1. Consent Agenda: these are items that are considered routine and are handled by one motion and
vote of the Board. If you wish to discuss any item on the Consent Agenda you can either fill out
a speaker card (located in the back of the board room) and give it to the Clerk of the Board
(sitting to the right of the Board) or, when the Chair asks if there is anything anyone would like
to remove from the Consent Agenda, stand and approach the podium and request the item be
removed. The removed items are discussed at the end of the Regular Agenda.
2. Regular Agenda: this is where presentations to the Board and items that require full discussion
are heard. Items removed from the Consent Agenda are discussed under this section.
3. Public Hearing and Timed Items: this is where items that are required by law to be heard as a
public hearing are set. This is the section where appeals before the Board are usually discussed.
Hearings may start after the time listed, but will never start before the time listed.
4. Public Comment: this is the area of the agenda where members of the audience may address the
Board on any matter not listed on the agenda. The Board, by law, cannot take action on any
matter not listed on the agenda, but may respond to statements or questions and provide staff
direction.
5. Closed Session: the Board is authorized, by law, to meet in a closed session in certain
circumstances. This area of the agenda identifies those items that will be discussed during the
closed session.
Public Participation: It is the policy of the Board of Supervisors, and a requirement of the California Open Meetings Law, to
allow members of the public the opportunity to comment on all matters before the Board. Public
participation is limited to matters within the subject matter jurisdiction of the Board pursuant to
Government Code Section 54954.3. The Board has adopted policy and procedures to facilitate the meeting
process and conduct. A complete listing of these policies and procedures can be found in the printed
booklet agenda, obtained at the County Administrative Office, or viewed at the Clerk of the Board website.
The Board of Supervisors is also committed to making its proceedings accessible to all citizens.
Individuals with special needs should call the Clerk of the Board at 530-538-7631, Monday through
Friday, 8:00 a.m. to 5:00 p.m. to request disability-related modifications/accommodations or to request
materials in alternate formats. All requests for special accommodations and/or alternative format
documents must be made 48 hours prior to the meeting.
For further information contact the: Clerk of the Board of Supervisors
County Administrative Office
25 County Center Drive, Oroville, CA 95965
530-538-7631
www.buttecounty.net/cob