HomeMy WebLinkAboutA012511BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA
January 25, 2011
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County Supervisors
Bill Connelly, District 1
Larry Wahl, District 2
Maureen Kirk, District 3
Steve Lambert, District 4
Kim Yamaguchi, District 5
Paul Hahn, Chief Administrative Officer Bruce Alpert, County Counsel
and Clerk of the Board
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 25, 2011
9:00 A. M. 1.00 CALL TO ORDER
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.
2.00 CORRECTIONS AND/OR CHANGES TO THE AGENDA.
3.00 CONSENT AGENDA
BEHAVIORAL
HEALTH 3.01 * Budget Adjustment -request to accept and appropriate $61,051 received through
the Mental Health Services Act -Prevention and Early Intervention program for
Fiscal Years 2008/2009, 2009/2010, and 2010/2011 -action requested -APPROVE
BUDGET ADJUSTMENT (4/5 vote required).
3.02 * Sutter Health Sacramento Sierra Region dba Sutter Center for Psvchiatr
agreement for inpatient psychiatric hospitalization services for clients referred by
Butte County Behavioral Health. The term of the agreement shall begin on the
date of execution through June 30, 2011. Approximately eighteen clients will be
served at a cost of $5,932 per client. Butte County's realignment funding will be
directly offset by the State Department of Mental Health for hospital claims -
action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
3.03. * Victor Treatment Centers, Inc. -agreement with Victor Treatment Centers, Inc. for
intensive day treatment services and medication support services for emotionally
disturbed children. The term of the agreement is July 28, 2010 through June 30,
2011 with a maximum amount payable of $28,532.40 (department budget utilizing
State and Federal Medi-cal revenue) -action requested -APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER.
DISTRICT
ATTORNEY 3.04 * Valley Toxicolo~y Services, Inc. -amendment to the agreement with Valley
Toxicology for forensic and drug toxicology testing, reporting, and court
testimony. The amendment extends the term of the agreement through June 30,
2011 and increases the maximum amount payable by $41,268 (department
budget) - action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER.
PAGE 1 January 25, 2011
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 25, 2011
EMPLOYMENT AND
SOCIAL SERVICES 3.05 * In-Home Supportive Services Advisory Committee -request for reappointment of
the following members: Dorothy Churchill, Dominic Console, Cheryl Leeth, and
Sarah Okumbe. All terms to end December 19, 2013 -action requested -MAKE
APPOINTMENTS AS LISTED.
HUMAN
RESOURCES 3.06 * Resolution to Amend the Salary Ordinance -The resolution will amend the salary
ordinance as follows:
BEHAVIORAL HEALTH -requests to increase a Psychiatrist position from 50% to a
75% position. Any additional costs associated with this change will be absorbed
through salary savings for FY 10/11 due to two current Psychiatrist vacancies in the
department. In addition, the department requests to delete one vacant position of
Account Clerk, Senior/Account Clerk/Accounting Specialist and one vacant position
of Contracts Specialist, Senior/Contracts Specialist.
The department also requests to add four positions of Behavioral Health Counselor
II/I and one position of Administrative Analyst, Senior/Administrative
Analyst/Administrative Analyst, Associate. The department has received approval
of its Mental Health Services Act (MHSA) Innovative Programs plan which allows
for the addition of these five positions. These changes will increase the allocations
in budget unit 541-011 from 285.25 to 288.50 and increase the total allocations in
the department from 308.75 to 312.25.
ADMINISTRATION -requests to add one position of Risk Management Analyst,
Senior/Risk Management Analyst. Once a departmental promotional recruitment
is conducted, the vacated position will then be deleted on a future Board of
Supervisors agenda. This change will initially increase the allocations in the
department from 27 to 28 until the vacated position is deleted at a future Board
meeting -action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN.
LIBRARY 3.07 * Overdrive, Inc. -amendment to the agreement with Overdrive, Inc. in order to
offer access to digital books on the library website. The amendment increases the
maximum amount payable by $9,600 through February 2014 -action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
Pueuc
HEALTH 3.08 * Enloe Medical Center -amendment to the agreement with Enloe Medical Center
for ambulance service within the boundaries of County Service Area 37 -
Gridley/Biggs Ambulance Service. The amendment extends the term of the
agreement through December 31, 2011 - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
PAGE 2 January 25, 2011
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -JANUARY 25, 2011
3.09 * Joint Exercise of Powers AEreement (JPA) for ReEional EmerEency Medical Services
AEency -The Emergency Medical Services Act authorizes a county to designate a
local emergency medical services agency to perform particular functions that are
required by the Emergency Medical Services Act. There are 10 member counties,
now including Butte County, that contract with Sierra-Sacramento Valley
Emergency Medical Services Agency to perform this function. Payment by each
county is based on base payment of $10,000 plus an additional payment of $0.42
per capita. The amount for Butte County for Fiscal Year 2010/2011 was $103,142 -
action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
Pueuc
WORKS 3.10 * Resolution Declaring an All-Way Stop Intersection at Monte Vista Avenue and
Lower Wyandotte Road in Oroville -Traffic data and field observations indicate
this intersection has become a safety concern. The Department of Public Works
requests the Board declare the intersection an all-way stop and instruct the
department to install legal STOP signs and markings at the appropriate entrances
thereto -action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN.
3.11 * Lincoln Boulevard Median Safety Improvement Protect, County Protect No. 18491-
2008-1 -Bids were received and opened publicly on January 6, 2011 for the
construction of raised concrete median safety improvements on a portion of
Lincoln Boulevard in Oroville. The County received five bids with Franklin
Construction, Inc. of Chico submitting the lowest responsive and responsible bid in
the amount of $883,998 -action requested -AWARD AGREEMENT TO FRANKLIN
CONSTUCTION, INC. SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER; AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO
EXECUTE THE AGREEMENT ON BEHALF OF THE COUNTY.
3.12 * Lincoln Boulevard Median Landscaoing Imorovement Proiect. County Proiect No.
18491-2009-1 -Bids were received and opened publicly on January 6, 2011 for the
construction of median landscaping on a portion of Lincoln Boulevard in Oroville.
The County received three bids with Franklin Construction, Inc. of Chico submitting
the lowest responsive and responsible bid in the amount of $36,100 -action
requested -AWARD AGREEMENT TO FRANKLIN CONSTUCTION, INC. SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND AUTHORIZE
THE DIRECTOR OF PUBLIC WORKS TO EXECUTE THE AGREEMENT ON BEHALF OF
THE COUNTY.
3.13 * Little Chico Creek Pedestrian and Bicycle Path -The City of Chico requests
approval for extra-territorial acquisition rights to purchase 0.151 acres of property
located within Butte County's jurisdiction to accommodate the construction of a
pedestrian and bicycle path and pedestrian bridge over Little Chico Creek between
the Chapman Neighborhood, Community Park, and Chapman Elementary School -
action requested -APPROVE THE CITY OF CHICO'S REQUEST FOR ACQUISTION OF
PROPERTY AND DIRECT THE PUBLIC WORKS DIRECTOR TO NOTIFY THE CITY OF THE
COUNTY'S ACTION.
PAGE 3 January 25, 2011
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -JANUARY 25, 2011
3.14 * Budget Adiustment and Fixed Asset Purchase - request to upgrade the
department's Geographic Information System (GIS) server. The total cost of the
upgrade is $10,716.75. Funds are available in the Road Fund Appropriation for
Contingency for this fixed asset purchase -action requested -APPROVE FIXED
ASSET PURCHASE OF TWO SOFTWARE LICENSES AND APPROVE RELATED BUDGET
ADJUSTMENT (4/5 vote required).
3.15 * HDR EnEineerinE, Inc. -amendment to the agreement with HDR Engineering for
the Neal Road Recycling and Waste Facility Master Plan design which is still in
progress. The amendment revises the term to end upon project completion date -
action requested -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
SHERIFF-
CORONER 3.16 * Budget Adiustment -request to accept $5,784.96 in unanticipated revenue
received through the Shasta County Sheriff's Office, California Methamphetamine
Enforcement Team grant. This revenue is for aircraft expenses and personnel
costs that have already been expended -action requested -APPROVE BUDGET
ADJUSTMENT (4/5 vote required) AND INCREASE APPROPRIATIONS.
TREASURER
TAX COLLECTOR 3.17 * Monthly Investment Report -submitted is the Monthly Investment Report dated
November 30, 2010, in accordance with the Statement of Investment Policy dated
July 1, 2010 -action requested -ACCEPT FOR INFORMATION.
WATER & RESOURCE 3.18 * Butte County Water Advisory Committee -reappoint the following individuals to
CONSERVATION terms to end January 11, 2015: Catherine Cottle -Angel Slough Sub-Inventory
Unit; Chuck Kutz - At-large Watershed-Butte Creek Watershed Conservancy; Gary
Cole - At-large Watershed-Cherokee Watershed Alliance; Rick Ponciano - Esquon
Sub-Inventory Unit; J. Baxter Knight - Vina Inventory Unit; and Ted Trimble -
Western Canal Water District Sub-Inventory Unit -action requested -MAKE
APPOINTMENTS AS LISTED.
OTHER
DEPARTMENTS 3.19 * Local Child Care PlanninE Council (LPC) Membership -The Butte County Office of
AND AGENCIES Education submits the annual request for Board of Supervisors' certification of the
composition of the LPC -action requested -APPROVE MEMBERSHIP COMPOSTION
OF THE LOCAL CHILD CARE PLANNING COUNCIL.
3.20 Oroville Cemetery District -action requested -REAPPOINT MARK WISTERMAN TO
A TERM TO END JANUARY 1, 2015. (Supervisor Connelly)
3.21 * Northern Sacramento Valley Integrated Regional Water Management Governing
Board -action requested -APPOINT GREG JOHNSON AS AT-LARGE MEMBER OF
PREDOMINATELY SURFACE WATER DEPENDENT AREA. (TERM TO END DECEMBER
31, 2012)
PAGE 4
January 25, 2011
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 25, 2011
4.00 REGULAR AGENDA
BOARDS.
COMMISSIONS AND
COMMITTEES 4.01 BOARDS, COMMISSIONS, AND COMMITTEES
* 1. Appointments to Listed Vacancies
2. Board of Supervisors Committee Assignments to the Remote Access Network
(RAN) and the Northern Rural Training Employment Consortium (NoRTEC) - On
January 11, 2011, the Board of Supervisors voted to disband the RAN Board
has not met in many years. It has been determined that the RAN Board needs
to remain intact as counties are eligible to receive equipment and/or funding
for such equipment provided they have a local RAN Board. It is also requested
that the Board of Supervisors appoint a member to serve on the NoRTEC
Governing Board -actions requested - 1) RESCIND JANUARY 11, 2011 VOTE TO
DISBAND THE RAN BOARD AND APPOINT A BOARD MEMBER; AND 2) APPOINT
ABOARD MEMBER TO SERVE ON THE NORTEC GOVERNING BOARD.
3. Board Member or Committee Reports
BUDGET. LEGISLATIVE
OR COUNTY RELATED
UPDATES 4.02 Update of Current Budget and Legislative Issues by the Chief Administrative
Officer.
4.03 Update of General Plan 2030 Process by Director of Development Services
4.04 Items Removed from the Consent Agenda for Board Consideration and Action.
S.OO PUBLIC HEARINGS AND TIMED ITEMS
9:45 A. M. 5.01 * Timed Item - Consideration of the Draft Butte County Regional Economic
Development Strategy and Plan for Implementation -Butte County General Plan
2030 included an Economic Development Element which details the goals,
objectives, and action items associated with economic development planning over
the next twenty years. Staff has created a draft Butte County Regional Economic
Development Strategy which provides a program based around three key
initiatives: 1) ensure Butte County is a competitive location for new investment; 2)
grow existing key industry sectors; and 3) coordinate business development
services on a regional basis. Staff will outline a plan for implementing this
strategy -action requested -APPROVE THE BUTTE COUNTY REGIONAL ECONOMIC
DEVELOPMENT STRATEGY; AND APPROVE THE CREATION OF AN ECONOMIC
DEVELOPMENT AND COMMUNITY DEVELOPMENT UNIT WITHIN ADMINISTRATION.
(Administration)
PAGE 5 January 25, 2011
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -JANUARY 25, 2011
10:15 A.M. 5.02 * Timed Item -Matter On Which a Public HearinE Has Been Held and Motion of
Intent Adopted -Appeal of the PlanninE Commission's Approval of Use Permit (UP)
09-0005 (Webber-Smith) -The Board of Supervisors conducted and closed a public
hearing regarding UP09-0005 at its November 23, 2010 meeting. The appeal is
based on concerns regarding six specific issues raised by the appellants with regard
to the operation of the existing feed store business on APN 027-100-028, located
on the south side of She-Yo Lane, approximately 750 feet east of Reservoir Road in
Palermo. The Board made a motion of intent to deny the appeal based upon
modified findings and additional conditions of approval to limit the expansion of
the current operation -actions requested -
1) ADOPT MITIGATED NEGATIVE DECLARATION WITH FINDINGS;
2) FIND THATTHE COLLECTION OF FEES PURSUANT TO FISH AND GAME CODE
SECTION 711.4 IS REQUIRED PRIOR TO FILING A NOTICE OF
DETERMINATION FOR THE PROJECT UNLESS THE PROJECT PROPONENT
PROVIDES VERIFICATION FROM FISH AND GAME THAT THE PROJECT IS
EXEMPT FROM THE FEE REQUIREMENT;
3) MAKE USE PERMIT FINDINGS DETAILED IN THE ATTACHMENT TO THE
RESOLUTION; AND
4) ADOPT RESOLUTION DENYING THE APPEAL AND APPROVING USE PERMIT
09-0005 SUBJECT TO CONDITIONS AS SET FORTH AS AN ATTACHMENT TO
THE RESOLUTION. (Department of Development Services)
10:30 A.M. 5.03 * Public HearinE -Paradise Summit - TSM08-0006 and PUD08-0001 (Wyckoff) -The
project is an application for a Planned Unit Development consisting of a phased
Tentative Subdivision Map to subdivide +/- 333 acres into 312 single-family
residential parcels while preserving +/-195 acres as open space for various uses.
The Board has received public testimony, correspondence, and additional
information throughout the public hearing process that supports a fair argument
that the project may have a significant impact on the environment and therefore,
would require the preparation of an Environmental Impact Report (EIR) pursuant
to Public Resources Code and CEQA guidelines -actions requested -
1) DETERMINE THAT THERE IS SUBSTANSTIAL EVIDENCE THAT THE PROJECT
MAY HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT AND THAT THE
DRAFT MITIGATED NEGATIVE DECLARATION CANNOT BE ADOPTED; AND
2) REQUIRE AN EIR BE PREPARED AND REMAND THE PROJECT TO THE BUTTE
COUNTY PLANNING COMMISSION. (Department of Development Services)
6.00 PUBLIC COMMENT (each speaker limited to five minutes)
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.
PAGE 6 January 25, 2011
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 25, 2011
7.00 CLOSED SESSION
7.01 CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE
SECTION 54957.6:
LABOR NEGOTIATORS: JACK HUGHES & BRIAN RING
EMPLOYEE
ORGANIZATIONS: BCEA, SSW, BCMEA, PPOA, PEA,
DSA -MANAGEMENT/SUPERVISORY UNIT,
DSA-GENERAL UNIT,
BCCOA -SUPERVISORY UNIT,
BCCOA -GENERAL UNIT.
7.02 ACTUAL LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9 (a) - 3 CASES
1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100);
2. BEC V. COUNTY OF BUTTE; BUTTE COUNTY SUPERIOR COURT CASE NO.
152362; AND
3. CALIFORNIA SPORTFISHING PROTECTION ALLIANCE V. COUNTY OF BUTTE;
USDC-EASTERN DISTRICT CASE NO. 10-03203.
PAGE 7 January 25, 2011
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -JANUARY 25, 2011
Information and Procedures Concerning the Agenda and Conduct of
the Board of Supervisors Meetings
Meetine 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.
Aeenda 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.
Aeenda Format and The agenda is usually organized into the following areas and meetings generally proceed in the following
Meetine Order: order:
1. Consent Aeenda: 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. Reeular Aeenda: 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 Hearine 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
PAGE 8
January 25, 2011