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