HomeMy WebLinkAboutA022608BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA
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County Supervisors
Bill Connelly, District 1
Jane Dolan, District 2
Maureen Kirk, District 3
Curt Josiassen, District 4
Kim Yamaguchi, District 5
C. Brian Haddix, Chief Administrative Bruce Alpert, County Counsel
Officer and Clerk of the Board
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -FEBRUARY 26, 2008
9:00 A.M. 1.00 CALL TO ORDER
1.01 Call to Order - Board of Supervisors Room, County
Administration Building, 25 County Center Drive,
Oroville.
1.02 Pledge of Allegiance to the Flag of the United States
of America.
1.03 Observation of a Moment of Silence.
2.O O CORRECTIONS AND~OR CHANGES TO THE AGENDA.
3.00 CONSENT AGENDA
AGRICULTURE 3.01 * Irrigated Lands Pilot Program - approval is requested
for an agreement between the State Water Resources
Control Board, the Central Valley Regional Water
Quality Control Board, the California Department of
Pesticide Regulation, and Butte and Glenn County
Agricultural Commissioners. The Irrigated Lands Pilot
Program provides technical and outreach support to the
agricultural industry and the Central Valley Regional
Board staff for the agricultural Conditional Waiver of
Waste Discharge program. The annual funding amount of
$67,860 for the pilot program is provided through a
contract with the Central Valley Regional Water
Quality Control Board - action requested - APPROVE
AGREEMENT AND AUTHORIZED THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
AUDITOR-
CONTROLLER 3.02 * 2007 DNA Identification Fund Report - pursuant to
Government Code Section 76104.6, submitted is the 2007
DNA Identification Fund Report. The report includes
the total fines collected, allocated, and expended for
each authorized program under the DNA Fingerprint,
Unsolved Crime and Innocence Protection Act. The
County is required to submit the report to the
Legislature and the Department of Justice by April 1
each year - action requested - ACCEPT REPORT FOR
INFORMATION.
BEHAVIORAL
HEALTH 3.03 * Rowell Family Empowerment of Northern California,
Inc. - amendment - approval is requested for an
amendment to this agreement. The provider assists in
planning and implementing the Connecting Circles of
Care project. The amendment decreases the maximum
amount payable by $50,225 (department budget) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. (Contract No. X16871)
PAGE 1 FEBRUARY 26, 2008
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -FEBRUARY 26, 2008
3.04 * Cherokee Restoration Fellowship - amendment - approval
is requested for an amendment to the agreement with
Cherokee Restoration Fellowship for the provision of
residential treatment services and alcohol and drug
free housing for clients referred by the Department of
Behavioral Health. The amendment increases the maximum
amount payable by $30,777.86 (department budget) -
action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No.
X16718)
3.05 * Tri-County Treatment - amendment - approval is
requested for an amendment to the agreement with Tri-
County Treatment for the provision of short-term
residential recovery services and day care services for
eligible residents referred by the Department of
Behavioral Health. The amendment increases the maximum
amount payable by $25,020 (department budget) - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER. (Contract No. X16700)
3.06 * Skyway House - amendment - approval is requested for an
amendment to the agreement with Skyway House for the
provision of long-term residential recovery services,
day care habilitative services, and alcohol and drug
free housing for eligible residents referred by Butte
County Department of Behavioral Health. The amendment
increases the maximum amount payable by $44,951.21
(department budget) - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Contract no. X16701)
3.07 * Department of Alcohol and Drug Programs - Comprehensive
Drug Court Implementation (CDCI) Dependency Drug Court
Grant Award - approval is requested for a revenue
agreement for the implementation of an integrated
Dependency Drug Court. The term of the agreement is
July 1, 2007 through June 30, 2008 with a maximum
amount to be received by Butte County of $265,496
(department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
PAGE 2 FEBRUARY 26, 2008
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -FEBRUARY 26, 2008
3.08 * Butte County Office of Education (BCOE) - approval is
requested for a revenue agreement with BCOE for the
provision of activities, services, and programs that
promote healthy childhood development and prevent
violence, alcohol, and other drug abuse. The term of
the agreement is October 1, 2007 through September 30,
2008 with a maximum amount to be received by Butte
County of $394,183 (department budget) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. (Contract No. R41009)
CHIEF
ADMINISTRATIVE
OFFICE 3.09 * Resolution of Termination of Local Emergency -
consideration of a resolution to termi nate the local
emergency that was declared on January 8, 2008 as a
result of the heavy rains, high winds, and widespread
power outages - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN.
CHILD SUPPORT
SERVICES 3.10 * Butte County District Attorney - amendment - approval
is requested for an amendment to the agreement which
provides for a vehicle for the primary investigator
assigned to Child Support Services. The amendment
provides that all maintenance for the vehicle will be
the responsibility of the DA's office. The amendment
also increases the maximum amount payable by $30,000 -
action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE BUDGET
TRANSFER ACCEPTING AND APPROPRIATING FUNDS AS DETAILED
IN THE AGENDA REPORT. (Contract No. X16706)
DISTRICT
ATTORNEY 3.11 * Budget Transfer - approval is requested to accept and
appropriate $30,000 in unanticipated funds for the
replacement of a vehicle to be used by the Child
Support Investigator - action requested - APPROVE
BUDGET TRANSFER (4 /5 vote required) ACCEPTING AND
APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT;
AND AUTHORIZE THE ADDITION OF ONE SAFETY EQUIPPED
VEHICLE TO THE DISTRICT ATTORNEY'S FISCAL YEAR
2007/2008 BUDGET.
PAGE 3 FEBRUARY 26, 2008
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -FEBRUARY 26, 2008
GENERAL
SERVICES 3.12 * Resolution to Continue the Water Infiltration
Remediation at Courthouse Expansion - consideration of
a resolution to continue the action taken by Resolution
Number 08-009 which was adopted at the January 29, 2008
Board of Supervisors meeting. Section 22050(c) of the
Public Contract Code requires that the Board adopt a
resolution at each subsequent meeting until the
findings of the initial resolution are no longer
relevant - action requested - ADOPT RESOLUTION (4/5
vote required) AND AUTHORIZE THE CHAIR TO SIGN.
3.13 * Award of Contract for the Americans with Disabilities
Act (ADA) Remodel at the Paradise Veterans Memorial
Hall - Two bids were received in response to Invitation
for Bids (IFB) 53-08. The lowest responsible and
responsive bidder was Don Azevedo Construction in the
amount of $153,728- action requested - AWARD CONTRACT
TO DON AZEVEDO CONSTRUCTION OF CHICO IN THE AMOUNT OF
$153,728 AND APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN.
HUMAN
RESOURCES 3.14 * Resolution to Amend the Salary Ordinance - the
department has prepared a resolution which will amend
the salary ordinance as follows: HUMAN RESOURCES -
Pursuant to Resolution 06-062, which establishes that
the top step of Assistant Department Heads' salary
ranges be set at the range that is closest to twenty
percent differential to the Department Head salary.
The Assistant Director of Employment and Social
Services salary should be set at range 78 effective
January 1, 2008; SHERIFF - adds one term position of
Deputy Sheriff to end June 30, 2008 - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN.
LIBRARY 3.15 * Budget Transfer - approval is requested to accept and
appropriate $20,000 as detailed in the agenda report
for the purchase of new books - action requested -
APPROVE BUDGET TRANSFER (4/5 vote required) ACCEPTING
AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA
REPORT.
PUBLIC
woxxs 3.16 * Resolution Authorizing Submittal of Grant Applications
for the Highway Safety Improvement Program (HSIP) -
consideration of a resolution that will authorize the
Director of Public Works to act as the official
representative in nominating and submitting grant
applications for the HSIP - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
PAGE 4 FEBRUARY 26, 2008
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -FEBRUARY 26, 2008
SHERIFF-
CORONER 3.17 * Budget Transfer and Fixed Asset Purchase - approval is
requested for a budget transfer of $4,993 as detailed
in the agenda report. This amount was used to purchase
standard safety equipment for a Sheriff's patrol unit -
action requested - APPROVE BUDGET TRANSFER ACCEPTING
AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA
REPORT; AND APPROVE FIXED ASSET PURCHASE OF SAFETY
EQUIPMENT IN THE AMOUNT OF $4,993.
OTHER
DEPARTMENTS
AND AGENCIES 3.18 * Resolution of Appreciation to Supporters of the
Eleventh Annual Community Wide True Love Waits
Campaign - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN. (SUPERVISOR CONNELLY)
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.
* 1. Mid-Year Budget Review Report - The Chief
Administrative Officer will provide a review of
the County's financial condition, mid-year
budgetary status, and outlook for the new budget
year commencing July 1, 2008 - action
requested - ACCEPT FOR INFORMATION.
PAGE 5
FEBRUARY 26, 2008
BUTTE COUNTY BOARD OF SUPERVISORS
4.03
4.04
PRESENTATION
AND DISCUSSION
ITEMS 4.05 '~
AGENDA -FEBRUARY 26, 2008
Update of General Plan 2030 Process by Director-
Development Services.
Update Regarding Upcoming Butte County Code Amendments.
City Watch System - Presentation regarding the mass
notification system used to provide information to the
public in an emergency - action requested - ACCEPT FOR
INFORMATION. (Sheriff-Coroner)
4.06 * Introduction of an Ordinance Adding Chapter 50 to the
Butte County Code Relating to Stormwater Management and
Discharge Control - consideration of an ordinance to
comply with the Federal Clean Water Act and the
California State Water Resources Control Board National
Pollutant Discharge Elimination System (NPDES) - action
requested - WAIVE THE READING OF THE ORDINANCE. (Public
Works)
4.07 * Road Fund Report - submitted is a status report to
provide information regarding the following: 1) the
County's Road Fund revenues, Proposition 42 funds,
Proposition 1B bond funds, and gas tax subvention
funds; 2) the County's two year pavement maintenance
program for Fiscal Years 2006/2007 and 2007/2008; 3)
the County's Capital Improvement Program Projects,
including recommendations on allocating an additional
$1.1 million of Proposition 1B bond funds for Fiscal
Year (FY) 2007/2008; and 4) the County's Gravel Road
Maintenance program, including a request to approve a
prioritized list of gravel roads for future Air Quality
Management District (AQMD) grant funds - action
requested - APPROVE THE ALLOCATIONS FOR THE REMAINING
$1.138 MILLION OF UNANTICIPATED AND UNPROGRAMMED
PROPOSITION 1B FUNDS FOR FY 2007/2008 AS DETAILED IN
THE AGENDA REPORT AND APPROVE THE PRIORITY LIST OF
GRAVEL ROADS THAT WILL BE ELIGIBLE FOR AQMD FUNDS IF
AND WHEN FUNDS ARE AVAILABLE AS DETAILED IN THE AGENDA
REPORT.
PAGE 6 FEBRUARY 26, 2008
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -FEBRUARY 26, 2008
4.08 Items Removed from the Consent Agenda for Board
Consideration and Action.
Jr'.O O PUBLIC HEARINGS AND TIMED ITEMS
10:00 A.rn. 5.01 * Timed Item - Palermo Community Association -
consideration of a resolution recognizing the Palermo
Community Association as representative of the Palermo
Community - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN. (Chief Administrative
Office on behalf of Supervisor Connelly)
F) . OO PUBLIC COMMENT
Comments to the Board on issues and items not listed on
the agenda. Presentations will be limited to five
minutes. Please note that pursuant to California state
law, the Board of Supervisors is prohibited from taking
action on any item not listed on the agenda.
7.00 CLOSED SESSION
7.01 ACTUAL LITIGATION PURSUANT TO GOV. CODE SEC.
54956.9(a): THREE CASE
1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100);
2. DEORLE V. RUTHERFORD U.S.D.C. 97-0434;
3. L.P., A MINOR, BY AND THROUGH HIS GUARDIAN AD-
LITEM, D.P. V. COUNTY OF BUTTE, A PUBLIC ENTITY;
NORTHERN CALIFORNIA YOUTH AND FAMILY PROGRAMS, A
CORPORATION; BRIAN SCOTT WILLIAMS, AN INDIVIDUAL;
AND DOES 1 TO 20. BUTTE COUNTY SUPERIOR COURT
CASE N0. 141988.
PAGE 7
FEBRUARY 26, 2008
BUTTE COUNTY BOARD OF SUPERVISORS
7.02
7.03
7.04
AGENDA -FEBRUARY 26, 2008
CONFERENCES WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOV. CODE SEC. 54956.8:
PROPERTY: APN 006-240-280
AGENCY NEGOTIATOR: CHIEF ADMINISTRATIVE OFFICER
NEGOTIATING PARTY: TW DUFOUR & ASSOCIATES
NEGOTIATIONS: PRICE AND TERMS OF PAYMENT;
PROPERTY:
AGENCY NEGOTIATOR:
NEGOTIATING PARTY:
NEGOTIATIONS:
PROPERTY:
AGENCY NEGOTIATOR:
NEGOTIATING PARTY:
NEGOTIATIONS:
APN 002-180-112, 002-180-113
CHIEF ADMINISTRATIVE OFFICER
TOM DIGIOVANNI
PRICE AND TERMS OF PAYMENT;
APN 040-600-049, 040-600-050, 040
600-057, AND 040-600-060
CHIEF ADMINISTRATIVE OFFICER
DONALD SWARTZ
PRICE AND TERMS OF PAYMENT;
PROPERTY: 2400-2450 MONTGOMERY
AGENCY NEGOTIATOR: BRUCE ALPERT
NEGOTIATING PARTY: LESA FRANCO/CITY OF OROVILLE
NEGOTIATIONS: PRICE AND TERMS OF PAYMENT.
INITIATION OF LITIGATION PURSUANT TO GOV. CODE SEC.
54956.9(C) - TWO POTENTIAL CASES.
PUBLIC EMPLOYEE EMPLOYMENT, PERFORMANCE EVALUATIONS,
INCLUDING: GOALS, PURSUANT TO GOVERNMENT CODE SECTION
54957:
1. AGRICULTURAL COMMISSIONER
2. BEHAVIORAL HEALTH DIRECTOR
3. CHIEF ADMINISTRATIVE OFFICER
4. CHIEF PROBATION OFFICER
5. CHILD SUPPORT SERVICES DIRECTOR
6. COUNTY COUNSEL
7. DEVELOPMENT SERVICES DIRECTOR
8. EMPLOYMENT AND SOCIAL SERVICES DIRECTOR
9. HUMAN RESOURCES DIRECTOR
10. INFORMATION SERVICES DIRECTOR
11. LIBRARY DIRECTOR
12. PUBLIC HEALTH DIRECTOR
13. PUBLIC WORKS DIRECTOR
14. WATER AND RESOURCE CONSERVATION DIRECTOR
PAGE S
FEBRUARY 26, 2008
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 AdministrativeOffke 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 notincluded in the agenda supporting material. Copies of all communications received
by the Board ofSupervisors (excluding documents that are not a publicrecord 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 usuallyorganized into the following areas and meetings generallyproceed in the following order:
1. ConsentAgenda: these are items that are considered routine and are handled by one motion and vote
ofthe Board. lfyou wishto discuss any item on the ConsentAgenda you can either fill out a speaker
card (located in the backof the board room) and give itto 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 b efore 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 ofthe 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