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HomeMy WebLinkAboutA012709 BCBS UTTEOUNTYOARD OF UPERVISORS A GENDA J27,2009 ANUARY County Supervisors Bill Connelly, District 1 Jane Dolan, District 2 Maureen Kirk, District 3 Steve Lambert, District 4 Kim Yamaguchi, District 5 C. Brian Haddix, ChiefAdministrativeBruce Alpert, County Counsel Officer and Clerk of the Board BCBSA-J27,2009 UTTEOUNTY OARD OF UPERVISORS GENDA ANUARY 1.00CO 9:00.. ALL TO RDER AM 1.01Call to Order - Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oroville. 1.02Pledge of Allegiance to the Flag of the United States of America. 1.03Observation of a Moment of Silence. 2.00C/CA. ORRECTIONS ANDORHANGES TO THE GENDA 3.00CA ONSENTGENDA 3.01*State Water Resource Control Board - amendment - A GRICULTURE approval is requested for an amendment to the agreement with the State regarding the Irrigated Lands Pilot Program. On August 4, 2008, the Governor issued a stop work order on the original agreement due to the State budget impasse. On October 16, 2008, the State issued a resume work letter. The amendment extends the term of the agreement through June 30, 2009 - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. - A UDITOR 3.02*Local Agency ImprovementFees - submitted is the C ONTROLLER Combined Report of Impact Fees or Local Agency Improvement Fees for Fiscal Year 2007/2008. Pursuant to Government Code Section 66006, this item has been on file and available for public inspection in the Chief Administrative Office. Final action on the report is now required - action requested - ACCEPT REPORT MAKING FINDINGS AS DETAILED IN THE AGENDA REPORT FOR EACH OF THE ACCOUNTS WITH REGARD TO PURPOSE, RELATIONSHIP, SOURCE AND AMOUNTS, AND TIMING AS SET FORTH IN GOVERNMENT CODE SECTION 66001(d). J27,2009 P1ANUARY AGE BCBSA-J27,2009 UTTEOUNTY OARD OF UPERVISORS GENDA ANUARY B EHAVIORAL 3.03* Youth for Change - approval is requested for an H EALTH agreement with Youth for Change for the provision of multidimensional treatment foster care (MTFC) for seriously emotionally disturbed youth enrolled in the Connecting Circles of Care program. The term of the agreement is September 15, 2008 through June 30, 2009 with a maximum amount payable of $214,707 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.04*Youth for Change - approval is requested for an agreement with Youth for Change for the provision of services associated with the Mental Health Services Act program for adolescents and transitional age youth in Butte County. The term of the agreement is July 1, 2008 through June 30, 2009 with a maximum amount payable of $665,797.48 (department budget)- action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.05*Michael Clark, Ph.D. - approval is requested for an agreement with Michael Clark, Ph.D. for the provision of consultation and training services related to the Connecting Circles of Care program. The term of the agreement is January 27, 2009 through June 30, 2009 with a maximum amount payable of $77,000 (department budget)- action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. B OARD OF 3.06 *Resolution Recognizing Chico Guild - North State S UPERVISORS th Symphony’s 50 Anniversary - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Supervisor Kirk) 3.07Oroville Mosquito Abatement District - action requested - APPOINT SCOTT DAMON TO A TERM TO END DECEMBER 31, 2010. (Supervisor Connelly) 3.08*Durham Mosquito Abatement District - action requested - APPOINT LANCE SMITH TO A TERM TO END DECEMBER 31, 2008 2010. J27,2009 P2ANUARY AGE BCBSA-J27,2009 UTTEOUNTY OARD OF UPERVISORS GENDA ANUARY C HIEF A DMINISTRATIVE 3.09*Ordinance Adding Section 1-17.5, Seal of the County of O FFICE Butte, and Section 1-17.6, Use of the County Seal, to Chapter 1 of the Butte County Code - action requested - WAIVE THE READING OF THE ORDINANCE; AND UPON ADOPTION, DIRECT THE SEAL BE FILED IN THE OFFICE OF THE COUNTY CLERK. 3.10*Budget Transfer for Fish and Game Commission - approval is requested for a $17,500 budget transfer from the Fish and Game Fund balance in for the purchase of deer collars. Expenditures from this fund must be used for the purpose of protecting, conserving, propagating, and preserving fish and wildlife - action requested - APPROVE BUDGET TRANSFER (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT. 3.11*Special Revenue Fund for Impact Fees - In order to simplify and better organize accounting systems for impact fees, staff recommends that a new special revenue fund be created for impact fees and to move monies associated from other operating funds into the new fund - action requested - DIRECT AND AUTHORIZE THE AUDITOR-CONTROLLER AND TREASURER-TAX COLLECTOR TO DO THE FOLLOWING: 1) ESTABLISH A NEW FUND EFFECTIVE JULY 1, 2008 AND PROVIDE THE BOARD WITH A DETAILED SCHEDULE SHOWING ALL RELATED ACCOUNTING TRANSACTIONS NO LATER THAN FEBRUARY 10, 2009 AND PROVIDE THAT NEW BUDGET UNIT NUMBERS BE CREATED UNDER A NEW FUND; AND 2) ALL CORRESPONDING ACCOUNTING BE MADE IN MAINTENANCE OF BALANCED ACCOUNTS FOR THE NEW FUND. C OUNTY 3.12*Bartkiewicz, Kronick & Shanahan - amendment - approval C OUNSEL is requested for an amendment to the agreement with Bartkiewicz, Kronick & Shanahan for the provision of legal services. The amendment increases the hourly reimbursement rates and adjusts the mileage rate to the applicable Internal Revenue Service (IRS) rate. The amendment is effective December 15, 2008 - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. J27,2009 P3ANUARY AGE BCBSA-J27,2009 UTTEOUNTY OARD OF UPERVISORS GENDA ANUARY 3.13*Greenberg Traurig - approval is requested for an agreement with Kevin T. Collins of Greenberg Traurig for the provision of legal services. Mr. Collins, formerly of Best, Best, & Krieger represents the County in First Responder v. Northern California Emergency Medical Services, et al. This agreement transfers the County’s representation by Mr. Collins from Best, Best, & Krieger to Greenberg Traurig - action requested - APPROVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. D ISTRICT 3.14*Transfer of Equipment - approval is requested for the A TTORNEY transfer of one computer from District Attorney’s office to the Butte Interagency Narcotic Task Force (BINTF). The computer is not on the DA’s fixed asset ledger and its market value is below $50 - action requested - AUTHORIZE THE TRANSFER OF ONE COMPUTER TO BINTF. 3.15*2008/2009 Mid Year Budget Adjustment - Due to a reduction in the amounts received from three state grants and a decrease in the Indirect Cost Rate, approval is requested to reduce the affected revenues and appropriations by $121,108 (including intrafund transfers) in order to balance the department’s budget - action requested - APPROVE BUDGET TRANSFER ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT. 3.16*2008/2009 Mid-Year Budget Adjustment - Due to anticipated delays in reimbursement from the State for the Child Abduction and Recovery Program, approval is requested to reduce appropriations for this state mandated program by $68,077. The department will eliminate one currently unfilled position of legal secretary which is allocated for the program - action requested - APPROVE BUDGET TRANSFER ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT. J27,2009 P4ANUARY AGE BCBSA-J27,2009 UTTEOUNTY OARD OF UPERVISORS GENDA ANUARY E MPLOYMENT S ANDOCIAL 3.17*Northern California Youth and Family Programs - S ERVICES approval is requested for an agreement between Northern California Youth and Family Programs for the provision of the Emancipating Youth Stipends program. The term of the agreement is July 1, 2008 through June 30, 2009 with a maximum amount payable of $23,247 - action requested - APPROVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE RELATED BUDGET TRANSFER (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT. 3.18*Approval of Request for Proposals for Contract In-Home Supportive Services (IHSS) - approval is requested to authorize the Department of Employment and Social Services (DESS) to release a Request for Proposals for Contract Mode services for IHSS for a two-year period from July 1, 2009 through June 30, 2011. If approved by the Board, the department plans to release the RFP on January 30, 2009 - action requested - APPROVE RELEASE OF REQUEST FOR PROPOSALS. G ENERAL 3.19 *BTD Properties - Agreement Assigning Lease -approval is S ERVICES requested for this agreement with BTD Properties, which recently purchased the property located at 592 Rio Lindo Avenue, Chico. This property is leased to the Butte County Department of Behavioral Health. The agreement relieves the obligations of the original owner and binds the new owner to the terms of the existing lease - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. H UMAN 3.20*Resolution to Amend the Salary Ordinance - the R ESOURCES department has prepared a resolution which will amend the salary ordinance as follows: CHIEF ADMINISTRATIVE OFFICE - requests to flexibly staff a current position from Management Analyst, Principal/Management Analyst, Senior/Management Analyst/Management Analyst, Associate(Class Codes 1016/1017/1015/1018) to a flexibly staffed position of Deputy Chief Financial Officer/Management Analyst, Principal/Management Analyst, Senior/Management Analyst/Management Analyst, Associate (Class Codes 1001/1016/1017/1015/1018). The Department has an anticipated vacancy in the Finance/Risk Management Office and this change will allow the department greater flexibility when selecting a qualified J27,2009 P5ANUARY AGE BCBSA-J27,2009 UTTEOUNTY OARD OF UPERVISORS GENDA ANUARY candidate with the financial skills and experience they are going to need to fill this vacancy. BEHAVIORAL HEALTH - requests to delete the following positions based on budget actions already taken. Additionally, the department is requesting changes to various classifications in order to increase flexibility and better meet the needs of the department. The changes are as follows: DELETE FROM BUDGET UNIT 541-011 - Staff Nurse, Senior/Staff Nurse/Staff Nurse, Associate (Class Code 4036/4037/4039), Behavioral Health Education Specialist, Senior/Behavioral Health Education Specialist/Behavior Health Education Specialist, Associate (Class Code 4173/4174/4175), Behavioral Health Counselor, Senior/Behavioral Health Counselor/Mental Health Worker (Class Code 4143/4144/4157), Information Systems Analyst/Information Systems Analyst, Associate(Class Code 1335/1336)Administrative Coordinator (Class Code 4110), Manager, Behavioral Health Facilities) (Class Code 4112), Mental Health Clinician/Mental Health Clinician Intern (Class Code 4133/4134), Mental Health Clinician/Mental Health Health Clinician Intern(position to end 9/30/08)(Class Code 4133/4134), Supervisor, Mental Health Clinician (position to end 9/30/08)(Class Code 4131), Supervisor, Mental Health Clinician, (Class Code 4131) Assistant Behavioral Health Director, (Class Code 4101) Program Manager, Community Services (Class Code 4106), Manager, Support Services (Class Code 1051), Supervisor, Administrative Analyst (Class Code 1023), Supervisor, Nurse, (Class Code 4035) Manager, Psychiatric Health Facility (Class Code 4107), Program Manager, Clinical Services (Class Code 4105), Accountant (Class Code 1043) , Supervisor, Behavioral Health Counselor (Class Code 4141). IN ADDITION THE DEPARTMENT IS REQUESTING TO ADD THE FOLLOWING POSITIONS TO BUDGET UNIT 541-011 - Psychiatric Technician, Senior/Psychiatric Technician (Class Code 4154/4155) , Behavioral Health Counselor, Senior/Behavioral Health Counselor/Mental Health Worker (Class Code 4143/4144/4157), Supervisor, Mental Health Clinician (Class Code 4131). These changes will decrease the total allocated position in budget unit 541-011 from 310.75 to 280.75 FROM BUDGET UNIT 541-012 - Behavioral Health Counselor, Senior/Behavioral Health Counselor/Mental Health Worker (Class Code 4143/4144/4157), Supervisor, Behavioral Health Education (position to end 9/30/08)(Class Code 4171). These changes will decrease the total allocated position in budget unit 541-012 from 19.5 to 15.5. J27,2009 P6ANUARY AGE BCBSA-J27,2009 UTTEOUNTY OARD OF UPERVISORS GENDA ANUARY HUMAN RESOURCES - The department is requesting to change the annual base salary for the Department Head listed below pursuant to Resolution 08-057 - Resolution of the county of Butte Benefits of Butte County Department Heads, that a new base salary shall be established upon the renewal or extension of an appointed department head’s contract through survey of comparison counties. The Board of Supervisors approved a contract renewal for the following classification to be effective October 31, 2008 at the October 21, 2008 Board of Supervisors Meeting: Director, Development Services,(Class Code 175). Minimum Annual Salary $122,241, Median Annual Salary $135,823, Maximum Annual Salary $149,406. This increase is pursuant to the legal agreement executed between the County and the Director, Development Services. SALARY PLAN FOR CLASSIFIED POSITIONS - The salaries for the following classifications that are linked to department head salaries will be adjusted effective July 1, 2008 unless otherwise noted and as per Resolution 07-184, entitled Resolution Establishing Salary and Benefits for Non-Represented Classifications. With the exception of the Assistant Director, Development Services and the Assistant, Treasurer Tax-Collector, the following classifications are being adjusted based on the performance measures received by their respective department heads. The Assistant Director, Development Services salary is being adjusted due to the contract renewal received by the Director, Development Services and the Assistant Treasurer Tax-Collector is being adjusted to include the CPI increase that the Treasurer-Tax-Collector received in July 2008. REFERENCE K, NON-REPRESENTED CLASSIFICATIONS - Assistant Director, General Services (Class Code 4602) - from range 69 to 71, Assistant Director, Public Works (Class Code 4303 from range 75 to 77, Assistant Director, Water and Resource Conservation (Class Code 1011) - from range 69 to 72, Assistant Treasurer Tax Collector (Class Code 1261) - from range 66 to 67, Assistant Director, Development Services (effective 10/31/08) - from range 73 to 76, Assistant Director, Public Health (Class Code 4009) - from range 75 to 74. CLERK RECORDER- deletes one (1) vacant position of Information Systems Technician (Class Code 1344). This change will decrease the total allocations in budget unit 130-001 from 9.55 to 8.55. J27,2009 P7ANUARY AGE BCBSA-J27,2009 UTTEOUNTY OARD OF UPERVISORS GENDA ANUARY EMPLOYMENT AND SOCIAL SERVICES - requests to delete the following positions due to decreases in state funding: FROM BUDGET UNIT 570-001 - Account Clerk, Senior/Account Clerk (Class Code 1285/1286), Office Specialist, Senior/Office Specialist/Office Assistant (Class Code 1055/1056/1057). These changes will decrease the total allocated position in budget unit 570-001 from 163 to 158. FROM BUDGET UNIT 570-003 - Supervisor, Employment and Eligibility (Class Code 5341),Employment and Eligibility Specialist (Class Code 5344 , Eligibility Specialist (Class Code 5346).These changes will decrease the total allocated position in budget unit 570-003 from 209 to 201. FROM BUDGET UNIT 570-004 - Social Worker, Senior/Social Worker/Social Worker, Associate (Class Code 3333/3335/3336). These changes will decrease the total allocated position in budget unit 570-004 from 111 to 110. FROM BUDGET UNIT 570-006 - Employment Case Manager, Senior/Employment Case Manager (Class Code 5353/5354). In addition the department is requesting to add the following positions to budget unit 570-006: Employment Case Manager, Senior/Employment Case Manager (position to end 07/31/10)(Class Code 5353/5354). These changes will decrease the total allocated position in budget unit 570-006 from 64 to 62. - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 3.21 *Oroville Branch Library Hours Adjustment for Flooring L IBRARY Project - authorization is requested for the closure of the Oroville Branch Library from February 12 through February 18 due to work related to an approved flooring project. The closure will be publicized in advance - action requested - AUTHORIZE THE OROVILLE BRANCH LIBRARY TO CLOSE FROM FEBRUARY 12 THROUGH FEBRUARY 18, 2009. 3.22 *Butte County Library Advisory Board - action requested - APPOINT ALICE PATTERSON AND MICHAEL SPECCHIERLA TO TERMS TO END DECEMBER 31, 2012. J27,2009 P8ANUARY AGE BCBSA-J27,2009 UTTEOUNTY OARD OF UPERVISORS GENDA ANUARY P UBLIC 3.23 *2008/2009 Children’s Medical Services Child Health and H EALTH Disability Prevention (CHDP) and the California Children’s Services (CCS) Program Joint Plan - submitted is the 2008/2009 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. 3.24 *Information on Public Health ClinicAssessment - submitted is a report that assesses Butte County’s Public Health clinics to determine how best to operate the clinics to achieve efficiencies while continuing to meet service demands in the community - action requested - ACCEPT FOR INFORMATION. 3.25*Statewide Wastewater Regulation Comments Related to Assembly Bill 885 - approval is requested for comments on the draft statewide on-site wastewater regulation, conditional waiver, and Draft Environmental Impact Report (DEIR). The State Water Resources Control Board released a revised draft of the regulation, conditional waiver, and DEIR on November 7, 2008. Public comment on these documents are due by February 9, 2009 - action requested - AUTHORIZE THE CHAIR TO SIGN COMMENT ON BEHALF OF THE BUTTE COUNTY BOARD OF SUPERVISORS. P UBLIC 3.26 *Budget Transfer for County Service Area (CSA) 82 - W ORKS approval is requested for a budget transfer in the amount of $9,500 to cover the cost of emergency repairs of a main sewer line - action requested - APPROVE BUDGET TRANSFER (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT. 3.27 *Kilkare Subdivision, APN 047-690-002 - Kilkare Subdivision is location on the northeast corner of Kilkare Lane and Meridian Road and is a private street subdivision comprised of 6-five acre lots. The developer provided performance bonds and a subdivision agreement to guarantee the construction of onsite improvements. The current subdivision agreement has expired, and the developer has requested to execute a new agreement to extend the deadline for construction of improvements through December 4, 2009. The department recommends approval of the agreement - action requested - APPROVE NEW SUBDIVISION AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. J27,2009 P9ANUARY AGE BCBSA-J27,2009 UTTEOUNTY OARD OF UPERVISORS GENDA ANUARY 3.28 *Resolution Exempting Hedstrom Way from Butte County Code Chapter 26, Sections 12 and 13.1 - consideration of a resolution exempting the private road named Hedstrom Way from the requirements to install curbs, gutters, and sidewalks - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 3.29*Annexed County Service Area (CSA) Fund Balance Disbursements - approval is requested to appropriate $118,062 from Contingencies into Department 181 as detailed in the agenda report. In fiscal years 2006/2007 and 2007/2008, there were numerous LAFCO approved annexations of CSAs into the City of Chico and City of Oroville. These annexations resulted in the dissolution of the CSAs involved. The requested appropriation is needed to process the two claim payments due to Chico and Oroville - action requested - APPROVE BUDGET TRANSFER (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT. 3.30*Authorize Release of Request for Proposals (RFP) - approval is requested for the department to release an RFP to provide for backup electrical power at the Neal Road Sanitary Landfill. The department will return to the Board with a recommendation of an award of contract upon review of the proposals - action requested - AUTHORIZE PUBLIC WORKS TO RELEASE A REQUEST FOR PROPOSALS. W ATER AND R ESOURCE 3.31*Butte County Technical Advisory Committee (TAC) - the C ONSERVATION Butte County Water Commission submits a recommendation for appointment to the TAC - action requested - APPOINT ED CRADDOCK TO THE TECHNICAL ADVISORY COMMITTEE. O THER D EPARTMENTS 3.32*Butte County Children and Families Commission - the AND AGENCIES Butte County Children and Families Commission submits recommendations for appointment the Commission - action requested - APPOINT YVONNE NENADAL TO A TERM TO END JUNE 30, 2010 AND JOHN BURGHARDT AS ALTERNATE TO A TERM TO END JUNE 30, 2009. 3.33 *Butte County Fair Association Annual Budget - action requested - APPROVE BUTTE COUNTY FAIR ASSOCIATION ANNUAL BUDGET AND AUTHORIZE THE CHAIR TO SIGN. J27,2009 P10ANUARY AGE BCBSA-J27,2009 UTTEOUNTY OARD OF UPERVISORS GENDA ANUARY 4.00RA EGULARGENDA B, OARDS C OMMISSIONS AND 4.01Boards, Commissions and Committees. C OMMITTEES 1.Board Member or Committee Reports. *2.Appointments to Listed Vacancies. *3.Solid Waste Enforcement and Appeal Hearings Panel - each term for appointments will end on January 8, 2013 - action requested - 1) APPOINT A PRIMARY BOARD REPRESENTATIVE AND AN ALTERNATE BOARD REPRESENTATIVE; 2) REAPPOINT RIKKI JOURNEY AS ALTERNATE FOR POSITION TWO AND D.C. JONES AS PRIMARY FOR POSITION THREE; AND 3) APPOINT MIKE DONOHUE AS PRIMARY FOR POSITION TWO AND MIKE PEAVY AS ALTERNATE FOR POSITION THREE. *4.Board of Supervisors Committee and Subcommittee Assignments - consideration of the various board, commission, committee and subcommittee assignments for Board members - action requested - ALTER OR REAFFIRM CURRENT ASSIGNMENTS LISTING; AND MAKE NEEDED APPOINTMENTS. J27,2009 P11ANUARY AGE BCBSA-J27,2009 UTTEOUNTY OARD OF UPERVISORS GENDA ANUARY B,L UDGETEGISLATIVE CR OROUNTYELATED 4.02Update on Current Budget and Legislative Issues by the U PDATES Chief Administrative Officer. 4.03Update of General Plan 2030 Process by Director- Development Services. 4.04*Update Regarding Upcoming Butte County Code Amendments. P RESENTATION D ANDISCUSSION 4.05*Federal Emergency Management Agency (FEMA) Map I TEMS Modernization - This is an update to the presentation provided to the Board of Supervisors on November 18, 2008. FEMA is in the process of updating their Flood Insurance Rate Maps (FIRM) and converting the maps to a digital format. As required by the provisions of the Code of Federal Regulations, FEMA is reviewing all of the levee systems looking for certificationthat the levees will provide protection for a 100-year event. If any levees are not or cannot be certified, then large areas of Butte County, including Biggs, Gridley, part of Oroville, and most of Chico will be placed in flood plains. FEMA is offering Provisionally Accredited Levee (PAL) agreements which will give levee owners and the local community up to two years for a complete engineering analysis and certification of the levee systems. The analysis is expensive and does not guarantee certification. PAL agreements must be signed by the property owner, community, and operator and must be returned to FEMA by January 27, 2009 - action requested - 1) FIND THAT AVAILABLE INFORMATION INDICATES THE IDENTIFIED LEVEE SYSTEMS DO NOT QUALIFY FOR PAL AGREEMENTS AND DIRECT PUBLIC WORKS TO INFORM FEMA THE COUNTY WILL NOT SIGN AGREEMENTS; AND 2) ACCEPT ADDITIONAL INFORMATION REGARDING NEW STATE REGULATIONS IMPACTING DEVELOPMENT WITHIN THE IDENTIFIED FLOOD ZONES. (Department of Public Works) J27,2009 P12ANUARY AGE BCBSA-J27,2009 UTTEOUNTY OARD OF UPERVISORS GENDA ANUARY 4.06*2008 Drought Task Force (DTF) Status Report and Findings - Presentation regarding the DTF Status Report which summarizes the impacts of the 2008 drought, details concerns for 2009, and makes recommendations for early action measures - action requested - ACCEPT THE 2008 STATUS REPORT AND FINDINGS AND PROVIDE DIRECTION AS NEEDED. (Water and Resource Conservation) 4.07*Update on the Capital Improvement Program (CIP) - On June 26, 2007, the Board of Supervisors approved the Butte County 20-year CIP which includes service and transportation infrastructure in a single plan. Due to declines in revenue, an updated timeline for capital projects, as well as an update of projected Impact Fee revenue will be provided - action requested - ACCEPT FOR INFORMATION AND PROVIDE DIRECTION FOR FUTURE CIP DISCUSSIONS. (Chief Administrative Office) 4.08*Request for Approval of Department Policies and Procedures and for Relief of Accountability - approval is requested for two department policies for the following: 1) CalWORKS, Adoptions Assistance, Foster Care, IHSS and Food Stamp Account Receivable Disposition for Uncollectible Accounts; and 2) General Assistance Accounts Receivable Disposition, Uncollected Accounts. Approval is also requested for Relief of Accountability in the amount of $13,718,184 for General Assistance Balances that are in excess of ten years old and considered uncollectible. The Auditor-Controller has reviewed this request has provided a letter of support - action requested - APPROVE THE ATTACHED POLICIES AND PROCEDURES; AND GRANT RELIEF OF ACCOUNTABILITY FOR $13,718,184. (Department of Employment and Social Services)_ 4.09Items Removed from the Consent Agenda for Board Consideration and Action. J27,2009 P13ANUARY AGE BCBSA-J27,2009 UTTEOUNTY OARD OF UPERVISORS GENDA ANUARY 5.00PHTI UBLICEARINGS AND IMEDTEMS 9:45 ..5.01*Public Hearing - Appeal of Planning Commission’s Denial AM of Variance 08-0001 (Ronald Kohler) - consideration of an appeal of a Planning Commission denial of a variance to allow a deck and deck cover to encroach 2.5 feet into the required 5-foot side setback - action requested - UPHOLD THE PLANNING COMMISSIONS DENIAL OF VARIANCE 08-0001, DENYING THE APPEAL TO ALLOW A DECK AND DECK COVER TO ENCROACH INTO THE REQUIRED 5-FOOT SIDE SETBACK. (Department of Development Services) ..5.02*Public Hearing - Appeal of Six Conditions of Approval 10:00 AM on Tentative Parcel Map (TPM) 06-09 (Hennigan) - consideration of an appeal by applicant of six conditions of approval on TPM06-09. The project site is located on APN 047-130-041, 146, 156 and is approximately 3,900 feet northwest of the Anita Road/Highway 99 intersection and 3 miles north of the incorporated limits of the City of Chico - action requested - STAFF RECOMMENDS THE FOLLOWING: ADOPT RESOLUTION WITH FINDINGS THAT WILL: 1) DENY IN PART THE APPEAL,MAINTAINING CONDITIONS 15, 18, AND 20 WITH SOME MODIFICATIONS; AND 2) GRANT IN PART THE APPEAL, MODIFYING CONDITIONS 17, 25, AND 28 AS REQUESTED. (Department of Development Services) ..5.03*Public Hearing - Resolution to Vacate Portions of 10:30 AM Esquon Road and Hamlin Road in Durham - consideration of a resolution to vacate a portion Esquon Road between the Union Pacific Railroad and Hamlin Road and Hamlin Road between Esquon Road and the Durham Dayton Highway in Durham - action requested - 1) FIND THAT THE PUBLIC RIGHTS OF WAY ARE UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC USE; 2) ADOPT THE RESOLUTION VACATING THE DESCRIBED PORTIONS OF ESQUON ROAD AND HAMLIN ROAD AND AUTHORIZE THE CHAIR TO SIGN; 3) AUTHORIZE THE CHAIR TO SIGN RELATED QUIT CLAIM DEED AND CERTIFICATE OF ACCEPTANCE FOR THE GRANT DEED; AND 4) DIRECT THE RESOLUTION, QUIT CLAIM DEED, AND CERTIFICATE OF ACCEPTANCE ARE RECORDED BY THE CLERK OF THE BOARD. (Public Works) J27,2009 P14ANUARY AGE BCBSA-J27,2009 UTTEOUNTY OARD OF UPERVISORS GENDA ANUARY 10:45..5.04*Public Hearing – Itemized Cost of Nuisance Abatement AM for property located at 944 Harlan Avenue, Oroville, APN 030-212-012. This property was abated June 23 through July 7, 2008 - action requested - APPROVE THE PLACEMENT OF A LIEN ON THE PROPERTY IN THE AMOUNT OF $9,720.13; 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) 10:55..5.05*Public Hearing – Itemized Cost of Nuisance Abatement AM for property located at 260 Fernwood Avenue, Oroville, APN 033-067-003. This property was abated September 12 through September 22, 2008 - action requested - APPROVE THE PLACEMENT OF A LIEN ON THE PROPERTY IN THE AMOUNT OF $12,125.14; 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. (Department of Development Services) 11:05..5.06* Public Hearing – Itemized Cost of Nuisance Abatement AM for property located at 89 Bangor Park Road, Palermo, APN 028-300-008. This property was abated November 11 through November 19, 2008 - action requested - APPROVE THE PLACEMENT OF A LIEN ON THE PROPERTY IN THE AMOUNT OF $15,491.62; 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) ..5.07* Public Hearing – Itemized Cost of Nuisance Abatement 11:15 AM for property located at 1931-1955 ½ Greenville Street, Oroville, APN 035-172-004. This property was abated September 3 and September 4, 2008 - action requested - APPROVE THE PLACEMENT OF A LIEN ON THE PROPERTY IN THE AMOUNT OF $14,298.08; 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) J27,2009 P15ANUARY AGE BCBSA-J27,2009 UTTEOUNTY OARD OF UPERVISORS GENDA ANUARY 1:30 5.08*Timed Item - Appeals of the Planning Commission’s P.M. Approval of UP07-0006 (Roberta Kirshner/Barry R. Kirshner Wildlife Foundation) - consideration of a resolution to revoke Use Permits UP98-09 and UP01-10 and deny UP07-0006. On November 4, 2008, the Board of Supervisors adopted a motion of intent directing staff to prepare a resolution making findings and taking specific actions - action requested - BASED ON BOARD DIRECTION, STAFF RECOMMENDS THE BOARD ADOPT A RESOLUTION MAKING FINDINGS AND TAKING ACTION AS FOLLOWS: 1) DENIES THE APPLICANT’S APPEAL REGARDING THE REQUESTED NEW USE PERMIT 07-0006; AND 2) GRANTS THE APPEAL BY JOHN HOPTOWIT PERTAINING TO UP07-0006 AND DETERMINATION REGRADING ENFORCEMENT CASE PLCE07-0001; AND 3)DOES NOT ADOPT THE INITIAL STUDY /DRAFT MITIGATED NEGATIVE DECLARATION; AND 4)DENIES UP07-0006; AND 5) REVOKES UP98-09 AND UP01-10, PROVIDED THE KIRSHNER FOUNDATION COMPLIES WITH SPECIFIED CONDITIONS AND LIMITATIONS, INCLUDING REQUIREMENTS TO DEMONSTRATE PROGRESS TOWARDS RELOCATING AND SUSPENDS ENFORCEMENT OF THE REVOCATION UNTIL 5:00 P.M. ON OCTOBER 30, 2010; AND 6) NOTIFIES THE APPELLANTS THAT THE TIME WITH WHICH JUDICIAL REVIEW OF THE ABOVE ACTIONS AND DECISIONS MUST BE SOUGHT IS GOVERNED BY THE CODE OF CIVIL PROCEDURE SECTION 1094.6. 6.00PC UBLICOMMENT 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. J27,2009 P16ANUARY AGE BCBSA-J27,2009 UTTEOUNTY OARD OF UPERVISORS GENDA ANUARY 7.00CS LOSEDESSION 7.01ACTUAL LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9(a): THREE CASES 1.LAKE OROVILLE INTERVENTION (FERC PROJECT 2100); 2.BUTTE COUNTY V. NATIONAL INDIAN GAMING COMMISSION (NIGC); CASE NO. 08-519 USDC - DISTRICT OF COLUMBIA; AND 3.MILLER V. COUNTY OF BUTTE, ET AL., U.S, DISTRICT COURT CIV NO. S-00-1733. 7.02SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9(b)(1) - ONE POTENTIAL CASE. 7.03PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT/RECRUITMENT PURSUANT TO GOVERNMENT CODE SECTION 54957: CHIEF ADMINISTRATIVE OFFICER/INTERIM CHIEF ADMINISTRATIVE OFFICER. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO 7.04 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. J27,2009 P17ANUARY AGE 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. this is where presentations to the Board and items that require full discussion are 2.Regular Agenda: 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 BCBSA-J27,2009 UTTEOUNTY OARD OF UPERVISORS GENDA ANUARY County Administrative Office 25 County Center Drive, Oroville, CA 95965 530-538-7631 www.buttecounty.net/cob J27,2009 P19ANUARY AGE