Loading...
HomeMy WebLinkAboutA022310BUTTE COUNTY BOARD OF SUPERVISORS AGENDA FEBRUARY 23, 2010 :~, ~~e~\~11I I lll~l//i~ ~. ::~` ~.. ~~:.- r-_~ ~~ ~ ~ ;~ . - . County Supervisors ..,~ ~- Bill Connelly, District 1 Jane Dolan, District 2 Maureen Kirk, District 3 Steve Lambert, District 4 Kim Yamaguchi, District 5 Scott Tandy, Interim Chief Administrative Officer and Clerk of the Board Bruce Alpert, County Counsel BUTTE COUNTY BOARD OF SUPERVISORS 9:00 A.M. 1.00 1.01 1.02 1.03 1.04 3.00 BEHAVIORAL v.., ,.. ,..., CALL TO ORDER Call to Order Administration Oroville. AGENDA -FEBRUARY 23, 2010 - Board of Supervisors Room, County Building, 25 County Center Drive, Pledge of Allegiance to the Flag of the United States of America. Observation of a Moment of Silence. CORRECTIONS AND~OR CHANGES TO THE AGENDA. CONSENT AGENDA 3.01 * Stairways Recovery, Inc. - approval is requested for an agreement with Stairways Recovery, Inc. for the provision of a consumer and family staffed "warm line" to facilitate telephone calls from consumers and family members seeking support for non-emergency needs and situations. The term of the agreement is October 1, 2009 through June 30, 2010 with a maximum amount payable of $126,119 (department budget utilizing MHSA funds) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.02 * Medical Billing Professionals (MBP) - amendment - approval is requested for an amendment to the agreement with MBP. MBP provides complex state reports, performs Medi-Cal, Medi-Care, insurance, and client billing, as well as service and data storage. The amendment decreases the maximum amount payable to $50,000 (a decrease of $10,000) - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.03 * CSU, Chico Research Foundation - Passaces - amendment - approval is requested for an amendment to the agreement with the CSU, Chico Research Foundation Passages Program for the provision of comprehensive assessment, intervention, and ongoing support to older adults in Butte County. The amendment increases the maximum amount payable to $601,714.58. This is an increase of $386,885.53 (department budget using MHSA funds) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. PAGE 1 FEBRUARY 23, 2010 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -FEBRUARY 23, 2010 3.04 * Prevent Child Abuse California (PCAC) - approval is requested for an agreement with PCAC for the placement of two AmeriCorps workers at the Live Spot in Oroville. The term of the agreement is November 2, 2009 through December 31, 2010 with a maximum amount payable of $36,000 (departmental budget utilizing MHSA funds) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.05 * California Endowment Grant - approval is requested to accept and appropriate $80,000 in grant funds to be used for the development of an initiative to improve substance abuse referrals and train providers, teachers, and youth workers. The term of the grant agreement is January 19, 2010 through November 14, 2010 - action requested - APPROVE GRANT AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE BUDGET TRANSFER (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED FUNDS AS DETAILED IN THE AGENDA REPORT. 3.06 * Gary Bess Associates (GBA) - approval is requested for an agreement with GBA for the development of an initiative to improve substance abuse referrals and train providers, teachers, and youth workers. The term of the agreement is January 19, 2010 through November 14, 2010 with a maximum amount payable of $78,465 (department budget utilizing California Endowment grant funds) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. BOARD OF SUPERVISORS 3.07 * Code Enforcement Advisory Board - action requested - APPOINT BILL GRAVES AS DISTRICT 5 REPRESENTATIVE. (Supervisor Yamaguchi) CHIEF ADMINISTRATIVE OFFICE 3.08 * Resolution Honoring Sharol H. Strickland, Court Executive Officer, Upon her Retirement from the Superior Court of California, County of Butte -action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. PAGE 2 FEBRUARY 23, 2010 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -FEBRUARY 23, 2010 CLERK-RECORDER ELECTIONS 3.09 * Caliper Corporation - approval is requested for an agreement with Caliper Corporation for a software program with maintenance agreement to optimize election operations, management of precincts and redistricting, and a myriad of other tasks necessary to conduct an election. The term of the agreement is March 1, 2010 through February 29, 2012 with a maximum amount payable of $41,787.75 (funded with Help America Vote Act of 2002 funds) - action requested - 1) APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER; 2) APPROVE FIXED ASSET PURCHASE OF SOFTWARE PROGRAM; AND 3) APPROVE RELATED BUDGET TRANSFER ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT. 3.10 * Recruest for Election Consolidation - A resolution and notice has been submitted by the City of Biggs requesting consolidation of Special Municipal Election with Statewide Primary Election to be held on June 8, 2010 for the purpose of electing one member of the City Council - action requested - APPROVE CONSOLIDATION. DEVELOPMENT SERVICES 3.11 * Resource Design Technology, Inc. - Development Services Department has determined that the Mining Permit application, MIN09-0001 submitted by Granite Construction Company requires an Environmental Impact Report (EIR) Through the County Request for Proposal process, Resource Design Technology has been chosen as the consultant to provide the EIR, a Mitigation and Monitoring Plan and Environmental Findings, and a Statement of Overriding Considerations. Granite Construction Company has deposited with the County $348,190 to fund the agreement. The term of the agreement is from the date of execution by the Board of Supervisors through June 30, 2011 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. PAGE 3 FEBRUARY 23, 2010 BUTTE COUNTY BOARD OF SUPERVISORS EMPLOYMENT AND SOCIAL SERVICES GENERAL SERVICES PAGE 4 FEBRUARY 23, 2010 AGENDA -FEBRUARY 23, 2010 3.12 * Fixed Asset Purchases and Budget Adjustments - approval is requested to purchase three vehicles (a van, a cargo van, and an SVU) to replace three existing vehicles that are not dependable, have high mileage, and require expensive maintenance. The older vehicles will be sent to surplus. These vehicle purchases, totaling $85,000, have been coordinated with General Services Purchasing staff. The department also requests to purchase two fingerprinting machines in the amount of $20,000 to be used for In Home Supportive Services Fraud, Adoptions and Foster Care placements, and background checks for the Subsidized Employment Program. Funds are available within the department's current budget for these purchases. There is no impact to general purpose revenues - action requested - APPROVE FIXED ASSET PURCHASES OF THREE VEHICLES AND TWO FINGERPRINTING MACHINES. 3.13 * California State University (CSU), Chico Research Foundation - amendment - approval is requested for an amendment to the lease agreement with CSU, Chico Research Foundation for County property located at 1010 Cleveland Avenue, Chico, CA. The location is utilized by the CSU to provide nutrition-focused educational services to the community. The amendment extends the term of the lease through February 29, 2012. All other terms and provision remain the same - action requested - APPROVE LEASE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.14 * Resolution Authorizing Participation in State Surplus Property Program - The State Department of General Services (DGS) operates the State and Federal Surplus Property Program and conducts monthly auctions of state owned equipment and vehicles that are no longer in use. This auction is open only to agencies authorized to participate and will provide cost savings to the County. In order to apply to the DGS program, a state application form and a resolution adopted by the Board of Supervisors must be completed - action requested - ADOPT THE RESOLUTION AUTHORIZING BUTTE COUNTY TO PARTICIPATE IN THE DGS PROGRAM AND DESIGNATE THE GENERAL SERVICES DIRECTOR AS THE COUNTY'S AUTHORIZED OFFICIAL. BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -FEBRUARY 23, 2010 3.15 * Modular Performance, Inc. - approval is requested for a new lease agreement with Modular Performance, Inc. for the 2,000 square foot manufactured building used for office space at the Neal Road Recycling and Waste Facility. The term of the agreement is March 1, 2010 through February 29, 2012 with a new lease amount of $1,926.85 per month ($0.96 per square foot). This is a reduction of $2,558 annually from the previous lease agreement - action requested - APPROVE LEASE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. HUMAN 12ESOUizcES 3.16 * Recognition of Butte Countv Employees Association (BCEA) as Exclusive Representative for the Butte Countv Social Service Workers' Unit - An election by mail was conducted to determine the exclusive representative for the Social Services Workers' unit. A majority of eligible workers elected the BCEA as the exclusive representative with regard to wages, hours, and other terms and conditions of employment - action requested - RECOGNIZE BUTTE COUNTY EMPLOYEES ASSOCIATION AS THE EXCLUSIVE REPRESENTATIVE FOR SOCIAL SERVICES WORKERS OF BUTTE COUNTY. 3.17 * Resolution to Amend the Salary Ordinance - the department has prepared a resolution which will amend the salary ordinance as follows: DEVELOPMENT SERVICES - requests to delete one position of Building Inspector, Senior/Building Inspector and add one position of Supervisor, Building Inspector. This new position will be utilized to manage and oversee the daily building inspection activity and will also be used to augment plan check and permit counter activity. This change shall be effective February 27, 2010. This change leaves the total allocations in the department unchanged at 24.8. CHILD SUPPORT - requests to add two positions of Child Support Assistant (terms to end June 30, 2010) and one position of Child Support Attorney I (term to end September 30, 2010). The Child Support Assistant positions will be funded with monies that were approved in the department's FY 2009-2010 budget. The Child Support Attorney term position is being added to provide additional overlap and backfill for an employee that will be resigning on September 30, 2010. These changes shall be effective March 1, 2010. These changes will increase the total allocations in the department from 110 to 113 - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. PAGE 5 FEBRUARY 23, 2010 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -FEBRUARY 23, 2010 PUBLIC HEALTH 3.18 * California Department of Public Health (CDPH) - amendment - approval is requested for an amendment to the revenue agreement with CDPH. This agreement funds the Women, Infants, and Children program that provides supplemental nutritional foods to mothers, infants and young children. The amendment increases the maximum amount receivable by $453, 000 for the period of October 1, 2009 through September 30, 2011 - action requested - APPROVE THE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. R410845) 3.19 * Home Health Care Management, Inc. - approval is requested for an agreement to provide medical case management, emergency financial assistance and medical transportation to an approved list of clients within the HIV Care Program. The term of the agreement is December 1, 2009 through June 30, 2010 with a maximum amount payable of $39,256 - action requested - APPROVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. PUBLIC woxxs 3.20 * Notice of Completion - Construction of State Route 99 Frontage Road; County Project No. 50255C-2005-1 - All contract work has been completed in accordance with the plans and specifications. The work consisted of clearing and grubbing, grading, construction a new roadway, including a drainage system, curb, gutter, sidewalk, pedestrian ramps and pavement improvements as well as installing signage and pavement markings - action requested - ACCEPT CONTRACT WORK; AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION; AND AUTHORIZE THE RECORDING OF THE NOTICE OF COMPLETION. 3.21 * Introduction of an Ordinance Amending Butte County Code Section 20-68 of Chapter 20 - This proposed ordinance is needed in order to be in alignment with the State of California Government Code 66452.6(e), changing the maximum total time extension for subdivision maps from five years to six years - action requested - WAIVE THE FIRST READING OF THE ORDINANCE. 3.22 * Lassen, Plumas and Shasta-Trinity National Forests, Motorized Travel Manacement Plans - authorization is requested for a letter of support for public access to the U.S. Forest Service (USFS) non-paved roads designated at Level 3 and 4 be maintained and remain open and accessible to the public - action requested - APPROVE LETTER AND AUTHORIZE THE CHAIR TO SIGN. PAGE 6 FEBRUARY 23, 2010 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -FEBRUARY 23, 2010 3.23 * Preparation for Potential Second Round of Economic Stimulus - The Jobs for Main Street Act of 2010 (HR2847) - HR2847 is currently being considered by Congress. This would provide a second round of federal stimulus funds similar to funding American Economic Recovery and Reinvestment Act (ARRA) If a second round of stimulus funding becomes available, staff recommends approval of the following list of County projects for nomination to the Butte County Association of Governments (BCAG) 1) Forest Highway 171 Reconstruction - Inskip to Butte Meadows, Phase II; 2) Aguas Frias Road Rehabilitation; 3) Lincoln Blvd. Median, Oroville; and 4) 2009 Rubberized Chip Seal Project - action requested - APPROVE PROJECT LIST FOR SUBMITTAL TO BCAG AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO ADVERTISE AND BID ON ANY OF THE PROPOSED STIMULUS PROJECTS. TREASURER - TAx COLLECTOR 3.24 * Public Auction of Sale of Tax Defaulted Properties - The department has submitted a request, in accordance with Chapter 7 of Part 6 of Division 1 of the California Revenue and Taxation Code Section 3698, to sell at public auction via the Internet for the stated minimum price, the tax-defaulted properties which are subject to the power of sale. The department has tentatively scheduled the auction for June 19-22, 2010 - action requested - APPROVE AND SIGN THE REQUEST. 3.25 * Memorandum of Understanding (MOU) between the County of Butte and Butte County Superior Court - Enhanced Collection and Compliance Program - approval is requested for an agreement with Butte County Superior Court for the renewal of the updated MOU that defines the responsibilities of the County and the Court in administering the collaborative effort to enhance revenue generation, improve compliance with court orders, and manage both current and delinquent accounts. There are no changes in terms of responsibilities and maintains the current level of reimbursement to the Court ($423,000) through Fiscal Year 2010/2011. The term of the MOU will be extended through December 31, 2013 - action requested - APPROVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.(Contract No. X15156) PAGE 7 FEBRUARY 23, 2010 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -FEBRUARY 23, 2010 OTHER DEPARTMENTS AND AGENCIES 3.26 * Resolution Appointincr Assessment Commissioners for the Rock Creek Reclamation District (the District) - The District relies solely on voluntary contributions. The District wishes to levy an assessment on all property in the District. In order to do this, it is requested the Board of Supervisors appoint three independent Assessment Commissioners - action requested - ADOPT RESOLUTION TO APPOINT CLAY CASTLEBERRY, FRED DAVIS, AND ED MCLAUGHLIN AS ASSESSMENT COMMISSIONERS AND AUTHORIZE THE CHAIR TO SIGN. (Rock Creek Reclamation District) 4.00 REGULAR AGENDA BOARDS, COMMISSIONS AND COMMITTEES 4 . 01 Boards, Commissions and Committees . * 1. Appointments to Listed Vacancies. 2. Board Member or Committee Reports. BUDGET, LEGISLATIVE OR COUNTY RELATED UPDATES 4.02 Update on Current Budget and Legislative Issues by the Chief Administrative Officer. 4.03 Update of General Plan 2030 Process by Director- Development Services. PAGE 8 FEBRUARY 23, 2010 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -FEBRUARY 23, 2010 DD4 C4TTT T T Tl1TT AND DISCUSSION ITEMS 4.04 * Update on the American Economic Recovery and Reinvestment Act (ARRA)- Over the past year, the County has received ARRA funds through both formula allocations and competitive processes, and the County continues to apply for additional funding as new opportunities arise. Staff will provide information regarding ARRA and any additional funds for which Butte County has applied - action requested - ACCEPT FOR INFORMATION. (Chief Administrative Office) 4.05 * Model Water Efficient Landscape Ordinance - The Water Conservation in Landscaping Act of 2006 requires Butte County to either implement the State-mandated Model Water Efficient Landscape Ordinance or adopt an equivalent local ordinance. The ordinance regulates most new and rehabilitated landscaped areas - action requested - DIRECT THE DEPARTMENT OF DEVELOPMENT SERVICES TO IMPLEMENT THE MODEL ORDINANCE AND TO PROVIDE THE REQUIRED NOTICE TO THE DEPARTMENT OF WATER RESOURCES. (Department of Development Services) 4.06 * Notice of Non-Compliance (The Lands of Engelbrecht Diamondville Horse Ranch, LLC) - Pursuant to Butte County Code Section 41-10(a), a separate Notice of Noncompliance was recorded on January 8, 2008 on each of two (2) properties owned by The Lands of Engelbrecht Diamondville Horse Ranch, LLC and Greg and April Engelbrecht because of the installation of fences and a masonry rock driveway entrance placed in the County right of way along the properties located on both sides of Centerville Road - action requested - 1) DIRECT THE ENGELBRECHTS TO RELOCATE THE FENCES AND ROCK WALL DRIVEWAY ENTRANCE TO THE ACTUAL PROPERTY LINE FOR BOTH PARCELS; - OR - 2) UPON A WRITTEN REQUEST, ALLOW THE ENGELBRECHTS TO RELOCATE THE FENCES AND ROCK WALL DRIVEWAY ENTRANCE TO A POINT THAT WILL PROVIDE FOR AN ULTIMATE SIXTY FEET RIGHT OF WAY WIDTH AND MAKE AN APPLICATION FOR THE COUNTY TO ABANDON THE REMAINING TEN FEET OF RIGHT OF WAY FOR BOTH PARCELS. (Department of Public Works) PAGE 9 FEBRUARY 23, 2010 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -FEBRUARY 23, 2010 4.07 Items Removed from the Consent Agenda for Board Consideration and Action. 4.08 * Recess as the Butte County Board of Supervisors and Convene as the Butte County Public Facilities Financing Corporation Board of Directors. PAGE 10 FEBRUARY 23, 2010 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -FEBRUARY 23, 2010 BUTTE COUNTY PUBLIC FACILITIES FINANCING CORPORATION BOARD OF DIRECTORS AGENDA FEBRUARY 2 3 , 2 010 1. CALL To ORDER - Butte County Board of Supervisors Room, 25 County Center Drive, Oroville. 2. APPROVAL OF MINUTES - aCt10n requested - APPROVE MINUTES OF FEBRUARY 10, 2009. 3. APPOINTMENT OF NEW OFFICERS - aCt10n requested - APPOINT OFFICERS AS FOLLOWS: PRESIDENT - CHAIR CONNELLY; VICE PRESIDENT - VICE CHAIR LAMBERT; SECRETARY/TREASURER - C. LINDA BARNES; AND LESSEE REPRESENTATIVES - C. LINDA BARNES AND PEGGY MOAK. 4. PUBLIC COM[IENT Comments to the Board on issues and items not listed on the agenda. Presentations will be limited to five minutes. Please note that pursuant to California state law, the Board is prohibited from taking action on any item not listed on the agenda. 5. OTHER BUSINESS (None) ADJOURNMENT Adjourn as the Butte County Public Facilities Financing Corporation Board of Directors and reconvene as the Board of Supervisors. PAGE ll FEBRUARY 23, 2010 BUTTE COUNTY BOARD OF SUPERVISORS rJ . OO PUBLIC HEARINGS AND TIMED ITEMS AGENDA -FEBRUARY 23, 2010 9:30 A.M. 5.01 * Public Hearing - Fire Hydrant System in County Service Area (CSA) 179 - Chambers & Speedway Subdivision - CSA 179 was formed in September 2002 to provide the operation and maintenance of fire protection facilities, storm drainage, and street lighting services for seventeen residential parcels. Storm drainage and street lighting services have never been provided and only fire hydrant maintenance service is in place in the area. In addition to the current CSA fire hydrant system, there is another operating Cal Water fire hydrant system located in the subdivision. Fourteen of the seventeen property owners in CSA 179 signed a petition to abandon the fire hydrant system, decommission and dispose of the related well, pumps, and hydrants, and endorse the use of the Cal Water fire hydrant system. The Butte County Fire Department supports the petition and certifies that the usage of Cal Water's hydrants will not lessen the fire protection services currently being provided within CSA 179 - action requested - ADOPT RESOLUTION AND DIRECT STAFF TO PROCEED WITH THE ABANDONMENT PROCESS. (Chief Administrative Office) 9:40 A.M. 5.02 * Public Hearincr - Resolution Establishincr DVD Rental Collection Fee - consideration of a resolution that will allow the Butte County Library to collect a $1.00 rental fee for a 3-day loan of newly released DVDs. Revenue received from the fees will be used for the purchase of additional DVDs. The proposed fee is based on a study of actual costs and is consistent with charges in other jurisdictions - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Library) 9:50 A.M. 5.03 * Timed Item - Report on Butte County Tourism Program - Presentation by Debra Lucero & Associates on Butte County's Tourism Program - action requested - ACCEPT FOR INFORMATION. (Chief Administrative Office) PAGE 12 FEBRUARY 23, 2010 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -FEBRUARY 23, 2010 10:30 A.M. 5.04 * Public Hearing - Extension of Interim Urgency Ordinance Placing a Moratorium on Marihuana Dispensaries - On January 12, 2010, the Board of Supervisors adopted a 45-day interim urgency ordinance that prohibited the establishment, development, construction, maintenance, operation, or enlargement of marijuana dispensaries within the unincorporated areas of Butte County. During the moratorium period, the County has studied the possibility of regulating or prohibiting marijuana dispensaries within the unincorporated area of Butte County. It has been determined that more time is needed for additional research and study and to allow time for relevant legal cases to be decided, which will provide more clear direction - actions requested - 1) ACCEPT FOR INFORMATION THE UPDATE REGARDING STAFF RESEARCH ON THE POTENTIAL REGULATION OR PROHIBITION OF MARIJUANA DISPENSARIES; 2) CONSIDER ADOPTION OF A 22-MONTH 15-DAY EXTENSION OF BUTTE COUNTY ORDINANCE NO. 4013 ADOPTED BY THE BOARD OF SUPERVISORS ON JANUARY 12,2010; 3) READ TITLE ONLY OF PROPOSED INTERIM URGENCY ORDINANCE; 4) WAIVE READING OF THE ENTIRE TEXT AND ADOPT THE INTERIM URGENCY ORDINANCE WITH FINDINGS (4/5 vote required); AND 5) PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) REQUIREMENTS, FILE THE NOTICE OF EXEMPTION. (Chief Administrative Office) 1:00 P.M. 5.05 * Public Hearing - Environmental Impact Report (EIR)and On-Site Wastewater Systems Ordinance - The Public Health Department, working with the Wastewater Working Group, has developed an Ordinance and Manual for on- site wastewater systems. The Department, working with Leonard Charles and Associates and Questa Engineering Corporation for compliance with the California Environmental Quality Act (CEQA), has completed an Environmental Impact Report (EIR) and draft On-Site Wastewater Systems Ordinance for consideration by the Board - actions requested - 1) ADOPT THE RESOLUTION ADOPTING CERTIFYING THE EIR, ADOPTING A OVERRIDING CONSIDERATIONS, AND MITIGATION MONITORING PROGRAM AND CHAIR TO SIGN; AND 2) WAIVE THE FIRST READING OF T (Department of Public Health) FINDINGS AND STATEMENT OF ADOPTING A AUTHORIZE THE HE ORDINANCE. PAGE 13 FEBRUARY 23, 2010 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -FEBRUARY 23, 2010 2:00 P.M. 5.06 * Public Hearing - New Era Mine, 4095 Drv Creek Road, Oroville. (APN No. 041-080-027) - Compliance with the Amended Statement of Decision in Drv Creek Coalition of Butte Countv et al., vs. Butte Countv Board of Supervisors, et al. (Butte Countv Superior Court Case No. 144532) - On December 10, 2009, the Butte County Superior Court filed the Final Judgement Following the Amended Statement of Decision granting the Petition for Writ of Mandate by the Dry Creek Citizens of Butte County and the Butte Environmental Council in regards to Resolution 08-104, (adopted August 5, 2008), ongoing mining operations at the New Era Mine, and underlying administrative appeals of Planning Commission Resolution 08-24. The Writ directed Butte County to file a return to the Writ no later than ninety (90) days after service (March 28, 2010)- action requested - DISCUSS RECENTLY RECEIVED COMMUNICATIONS AND DIRECT STAFF AS NEEDED; AND ADOPT RESOLUTION WITH FINDINGS AND THE REVISED ORDER AS DETAILED IN THE AGENDA REPORT AND AUTHORIZE THE CHAIR TO SIGN. (Department of Development Services) 6.00 PUBLIC COM[IENT Comments to the Board on issues and items not listed on the agenda. Presentations will be limited to five minutes. Please note that pursuant to California state law, the Board of Supervisors is prohibited from taking action on any item not listed on the agenda. 7.00 CLOSED SESSION 7.01 ACTUAL LITIGATION PURSUANT TO GOV. CODE SECTION 54956.9(a) - TWO CASES 1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100); 2. WILLIAMS V. COUNTY OF BUTTE; U.S. SUPREME COURT CASE NO. 09-675 7.02 SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOV. CODE SECTION 54956.9(b)(1) - ONE POTENTIAL CASE. PAGE 14 FEBRUARY 23, 2010 7.03 PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT/RECRUITMENT, PURSUANT TO GOVERNMENT CODE SECTION 54957: CHIEF ADMINISTRATIVE OFFICER. 7.04 CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6: LABOR NEGOTIATORS: JAN CHRISTOFFERSON EMPLOYEE ORGANIZATION: BCEA, BCMEA, CWA, DSA - MANAGEMENT/SUPERVISORY UNIT, DSA - GENERAL UNIT, BCCOA - SUPERVISORY UNIT, BCCOA - GENERAL UNIT, PPOA, AND PEA. 7.05 PUBLIC EMPLOYEE EMPLOYMENT, PERFORMANCE EVALUATIONS, INCLUDING: GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957: 1. AGRICULTURAL COMMISSIONER 2. BEHAVIORAL HEALTH DIRECTOR 3. CHIEF ADMINISTRATIVE OFFICER 4. CHIEF PROBATION OFFICER 5. CHILD SUPPORT SERVICES DIRECTOR 6. COUNTY COUNSEL 7. DEVELOPMENT SERVICES DIRECTOR 8. EMPLOYMENT AND SOCIAL SERVICES DIRECTOR 9. HUMAN RESOURCES DIRECTOR 10. INFORMATION SERVICES DIRECTOR 11. LIBRARY DIRECTOR 12. PUBLIC HEALTH DIRECTOR 13. PUBLIC WORKS DIRECTOR 14. WATER AND RESOURCE CONSERVATION DIRECTOR BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -FEBRUARY 23, 2010 Information and Procedures Concerning the Agenda and Conduct of the Board of Supervisors Meetings Meeting Information: Meetings are generally held the second and fourth Tuesday of each month. Meetings start at 9:00 a.m. and are held in the Board of Supervisors Chambers, County Administration Building, 25 County Center Drive, Oroville. At the end of each year the Board adopts a meeting schedule for the upcoming year. Meeting dates can be changed as a result of holidays or other events so please check the meeting calendar to be certain. Copies of the adopted meeting calendar for the year are available in the County Administrative Office or at the Clerk of the Board website at www.buttecounty.net/cob. Agenda Information: The agenda for every meeting of the Board is posted in front of the County Administration Building at least 72 hours before each meeting, and is available by mail subscription, e-mail subscription, or at the Clerk of the Board website. A copy of the agenda and supporting materials provided to the Board of Supervisors members to explain each agenda item (excluding documents that are not a public record within the meaning of the Public Records Act) are available for your review at the County Administrative Office, the Chico, Oroville, and Paradise libraries (please do not remove items from these files), and at the Clerk of the Board website. Copies of supporting materials can be made for you at a charge to cover costs. The list of communications included with the agenda packages is not comprehensive. Additional communications to the Board of Supervisors may have been received but not included in the agenda supporting material. Copies of all communications received by the Board of Supervisors (excluding documents that are not a public record within the meaning of the Public Records Act) are available at the Administrative Office upon request. An (*) appearing before an agenda item signifies that material has been provided to the Board of Supervisors members to explain that item. Agenda Format and Meeting Order: The agenda is usually organized into the following areas and meetings generally proceed in the following order: 1. Consent Agenda: these are items that are considered routine and are handled by one motion and vote of the Board. If you wish to discuss any item on the Consent Agenda you can either fill out a speaker card (located in the back of the board room) and give it to the Clerk of the Board (sitting to the right of the Board) or, when the Chair asks if there is anything anyone would like to remove from the Consent Agenda, stand and approach the podium and request the item be removed. The removed items are discussed at the end of the Regular Agenda. 2. Regular Agenda: this is where presentations to the Board and items that require full discussion are heard. Items removed from the Consent Agenda are discussed under this section. 3. Public Hearing and Timed Items: this is where items that are required by law to be heard as a public hearing are set. This is the section where appeals before the Board are usually discussed. Hearings may start after the time listed, but will never start before the time listed. 4. Public Comment: this is the area of the agenda where members of the audience may address the Board on any matter not listed on the agenda. The Board, by law, cannot take action on any matter not listed on the agenda, but may respond to statements or questions and provide staff direction. 5. Closed Session: the Board is authorized, by law, to meet in a closed session in certain circumstances. This area of the agenda identifies those items that will be discussed during the closed session. Public Participation: It is the policy of the Board of Supervisors, and a requirement of the California Open Meetings Law, to allow members of the public the opportunity to comment on all matters before the Board. Public participation is limited to matters within the subject matter jurisdiction of the Board pursuant to Government Code Section 54954.3. The Board has adopted policy and procedures to facilitate the meeting process and conduct. A complete listing of these policies and procedures can be found in the printed booklet agenda, obtained at the County Administrative Office, or viewed at the Clerk of the Board website. The Board of Supervisors is also committed to making its proceedings accessible to all citizens. Individuals with special needs should call the Clerk of the Board at 530-538-7631, Monday through Friday, 8:00 a.m. to 5:00 p.m. to request disability-related modifications/accommodations or to request materials in alternate formats. All requests for special accommodations and/or alternative format documents must be made 48 hours prior to the meeting. For further information contact the: Clerk of the Board of Supervisors County Administrative Office 25 County Center Drive, Oroville, CA 95965 530-538-7631 www.buttecounty.net/cob PAGE 16 FEBRUARY 23, 2010