HomeMy WebLinkAboutA022806BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA
FEBRUARY 28, 2006
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County Supervisors
Bill Connelly, District 1
Jane Dolan, District 2
Mary Anne Houx, District 3
Curt Josiassen, District 4
Kim Yamaguchi, District 5
Paul McIntosh, Chief Administrative Bruce Alpert, County Counsel
Officer and Clerk of the Board
BUTTE COUNTY BOARD OF SUPERVISORS
9:00 A.M. 1.00 CALL TO ORDER
AGENDA -FEBRUARY 28, 2006
1.01 Call to Order - Board of Supervisors Room, County
Administration Building, 25 County Center Drive,
Oroville.
1.02 Pledge of Alleg iance to the Flag of the United States
of America.
1.03 Observation of a Moment of Silence.
2.00 CORRECTIONS AND~OR CHANGES TO THE AGENDA.
3.00 CONSENT AGENDA
BEHAVIORAL
HEALTH 3.01 * Fixed Asset Purchase and Budget Transfer - approval is
requested to transfer $99,632 between department budget
line items to provide the appropriation needed to fund
a remodel (Phase II) of the office space located at
592 Rio Lindo Avenue, Chico. The project will include
the construction of a new office, patio entrance area,
cabinets, counter tops, doors, locks and painting.
Board approval is also requested for the purchase of
fixed asset items needed for the project - action
requested - APPROVE A BUDGET TRANSFER APPROPRIATING
FUNDS AS DETAILED IN THE AGENDA REPORT; AND APPROVE THE
FIXED ASSET PURCHASE OF EQUIPMENT FOR THE PROJECT.
CHIEF
ADMINISTRATIVE
OFFICE 3.02 * Tamara Miller - approval is requested for an agreement
with Tamara Miller for consulting services to prepare
the State Revolving Fund Loan Application associated
with the Chico Urban Area Nitrate Compliance Plan. The
term of the agreement is February 1, 2006, through
February 1, 2007, with a maximum amount payable of
$78,268 (County Service Area No. 114 budget) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
3.03 * Ratification of Tentative Agreement - Butte County
Employees' Association - on February 15, 2006, the
members of the Butte County Employees' Association
voted to ratify an agreement with Butte County for an
amendment to their existing Memorandum of Understanding
implementing the classification and compensation study
and splitting the cost of medical insurance premium
increases 50/50. The agreement implementing salary
changes will be presented to the Board on
March 14, 2006, but Board authority is requested to
implement the medical insurance premium aspect of the
agreement based upon this ratification - action
requested - AUTHORIZE IMPLEMENTATION OF THE MEDICAL
INSURANCE PREMIUM AGREEMENT AS RATIFIED BY THE BUTTE
COUNTY EMPLOYEES' ASSOCIATION.
PAGE 1 FEBRUARY 28, 2006
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -FEBRUARY 28, 2006
3.04 * Authority to Proceed with Real Property Purchase - on
February 14, 2006, the Board approved negotiation of
the purchase of 492 and 554 Rio Lindo Avenue, Chico.
The property will be utilized for a Veterans Memorial
Hall and adjacent public parking. Approval is
requested to proceed with the purchase, subject to the
provisions of Government Code Section 25350 - action
requested - AUTHORIZE STAFF TO PROCEED WITH THE
PURCHASE AND RELATED FINANCING THROUGH FIRST MUNICIPAL
LEASING CORPORATION FOR 492 AND 554 RIO LINDO AVENUE,
CHICO, SUBJECT TO THE PROVISIONS OF GOVERNMENT CODE
SECTION 25350, AND AUTHORIZE THE CHIEF ADMINISTRATIVE
OFFICER TO EXECUTE ALL NECESSARY ESCROW CLOSING AND
FINANCING DOCUMENTS.
CHILD
SUPPORT
SERVICES 3.05 * Resolution to Amend the Existing Revolving Fund and to
Expand its Use as a Deposit and Remittance Revolving
Fund - approval is requested to expand the current use
of a department account in preparation of the transfer
of collection and disbursement duties to the State
Disbursement Unit. The proposed expansion of the
revolving fund will accommodate the anticipated
increase in the number of deposits and checks being
written in a single month - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
3.06 * Private Industry Council, Inc. - Amendment - approval
is requested for an amendment to the sublease agreement
with the Private Industry Council, Inc., for office
space in the facility located at 78 Table Mountain
Boulevard, Oroville. The amendment reduces the space
leased from 1268 square feet to 108 square feet
effective March 1, 2006, and reduces the rental payment
amount to reflect the revised square footage. All
other terms and provisions remain the same - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER. (Contract No. X10773)
CLERK OF
THE BOARD 3.07 Adoption of an Ordinance Amending Section 21-50 of
Article IV of Chapter 21 of the Butte County Code -
approval is requested for an ordinance which will amend
the Butte County Code to clarify the jurisdiction of
the Assessment Appeals Board relating to change of
ownership disputes - action requested - ADOPT ORDINANCE
AND AUTHORIZE THE CHAIR TO SIGN. (FROM 2-14-06 [3.12])
3.08 * Approval of Minutes - action requested - APPROVE
MINUTES OF FEBRUARY 14, 2006.
PAGE 2 FEBRUARY 28, 2006
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -FEBRUARY 28, 2006
CLERK-RECORDER-
REGISTRAR
of VOTERS 3.09 * Relief of Accountability - approval is requested for
relief of accountability for a fixed asset computer
(fixed asset no. 24662), office view scanner (fixed
asset no. 24779), and a fixed asset net server (fixed
asset no. 25404). The equipment was inadvertently sent
to surplus without proper documentation. The District
Attorney and Auditor-Controller have reviewed the
request - action requested - GRANT RELIEF OF
ACCOUNTABILITY.
3.10 * Oroville City Elementary School District - the District
submits Resolution No. 05-06-07, ordering a school bond
election, establishing specifications of the election
order and requesting consolidation of the election with
the statewide Primary Election to be held June 6, 2006.
School districts may seek approval of general
obligation bonds and levy an ad valorem tax to repay
those bonds upon a 55o vote of those voting on the
measure - action requested - APPROVE CONSOLIDATION.
3.11 * Marysville Joint Unified School District - the District
submits a proposed resolution ordering a school bond
election, establishing specifications of the election
order and requesting consolidation of the election with
the statewide Primary Election to be held June 6, 2006.
School districts may seek approval of general
obligation bonds and levy an ad valorem tax to repay
those bonds upon a 55o vote of those voting on the
measure - action requested - APPROVE CONSOLIDATION
PENDING ADOPTION OF THE RESOLUTION BY THE MARYSVILLE
JOINT UNIFIED SCHOOL DISTRICT BOARD OF TRUSTEES ON
FEBRUARY 28, 2006, AND SUBMISSION OF ALL REQUIRED
DOCUMENTS TO THE CLERK-RECORDER/REGISTRAR OF VOTERS.
3.12 * Butte County Board of Education Governing Board - the
Board of Education submits Order of Election,
Resolution No. 06-07 and Resolution No. 06-08,
regarding the election of governing Board members, and
requesting consolidation of the election with the
statewide Primary Election to be held June 6, 2006. To
be elected are two members to fill the seats of Trustee
Area 2 for four year terms, and one member to fill the
seat of Trustee Area 3 for a four year term - action
requested - APPROVE CONSOLIDATION.
PAGE 3 FEBRUARY 28, 2006
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -FEBRUARY 28, 2006
DEVELOPMENT
SERVICES 3.13 * Zoning Boundary Correction (APN 047-710-001) - approval
is requested for a zoning boundary correction for APN
047-710-001. A zoning boundary is located between the
SR-1/PD (Suburban Residential - 1 acre minimum parcel
size/Planned Development) and the OS/PD (Open
Space/Planned Development) zones on the property. The
applicable Rezone and Specific Plan Amendment approved
on the property (Ordinances 3462 and 3463) indicate
that the SR-1/PD zone was to include 126.1 acres and
the OS/PD zone was to include 103.1 acres. When area
amounts were calculated for these areas based on the
Official County Zoning Map, they did not equal the
required acreages. To correct the problem new legal
descriptions have been written to provide for the
correct acreages. The new legal descriptions would
allow for a correction to the Official County Zoning
Map - action requested - APPROVE THE CORRECTED LEGAL
DESCRIPTIONS FOR ORDINANCES 3462 AND 3463 AS DETAILED
IN THE AGENDA REPORT; AMEND THE M-1 ZONE BOUNDARY LINE
ADJACENT TO MUD CREEK; AND INSTRUCT STAFF TO SHOW THESE
CORRECTIONS ON THE OFFICIAL BUTTE COUNTY ZONING MAP.
3.14 * Budget Transfer - approval is requested to transfer
$3,543 from the Abandoned Vehicle Abatement Joint
Powers Authority fund to the department's budget to
provide the appropriation needed for an amendment to
the agreement with Tittle & Company LLP, for the
provision of mandatory auditing services for the Joint
Powers Authority - action requested - APPROVE A BUDGET
TRANSFER (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE
AGENDA REPORT.
3.15 * ABC Nick's Pioneer Towing - Amendment - approval is
requested for an amendment to the agreement with ABC
Nick's Pioneer Towing for the provision of towing
services for the Abandoned Vehicle Abatement Program.
The amendment increases the maximum amount payable by
$25,000 (Abandoned Vehicle Abatement Program budget),
and revises the agreement's exhibits to reflect the
increase. All other terms and provisions remain the
same - action requested - APPROVE AGREEMENT AMENDMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
FIRE
DEPARTMENT 3.16 * El Medio Fire Protection District - approval is
requested for a cooperative agreement with the El Medio
Fire Protection District for the County's provision of
dispatch services for the District. The term of the
agreement is July 1, 2005, through June 30, 2007, with
the District to be billed at the rate of $36.00 per
call - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No.
R40829)
PAGE 4 FEBRUARY 28, 2006
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -FEBRUARY 28, 2006
3.17 * Release Prior Year Encumbered Funds - approval is
requested to unencumber prior fiscal year HR 2389
(Secure Rural Schools and Community Self-Determination
Act of 2000) funds in the amount of $900.79. The
unexpended prior year funds will by used in the current
fiscal year to maintain the wood chipper utilized in
the Butte Fire Safe Council's chipper program - action
requested - APPROVE A BUDGET TRANSFER (4/5 vote
required) RELEASING PRIOR YEAR ENCUMBERED FUNDS AND
ACCEPTING AND APPROPRIATING THE FUNDS INTO THE CURRENT
FISCAL YEAR BUDGET AS DETAILED IN THE AGENDA REPORT.
HUMAN
12ESOURCES 3.18 * Resolution to Amend the Salary Ordinance - the
department has prepared a resolution which will amend
the salary ordinance as follows: DEVELOPMENT
SERVICES - deletes 1 position of Chief Building
Inspector. Adds 1 position of Building Official
Assistant. PUBLIC WORKS - deletes 1 position of
Supervisor, Fleet Services. Adds 1 position of
Manager, Fleet Services, retroactive to October 8,
2005. SALARY PLAN FOR CLASSIFIED POSITIONS,
REFERENCE F, MANAGEMENT, CONFIDENTIAL AND SUPERVISORY
(BCMEA) UNIT - deletes the salary classifications of
Chief Building Inspector and Supervisor, Fleet
Services. Adds the classifications of Building
Official Assistant and Manager, Fleet Services. SALARY
PLAN FOR CLASSIFIED POSITIONS, REFERENCE K, NON-
REPRESENTED CLASSIFICATIONS - revises the salary range
for the position of Manager, Labor Relations and
Benefits from Range 60 to Range 64 - action requested -
ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
3.19 * Advanced Step Hire - pursuant to Personnel Rule
11.5(b), the Public Health Department is requesting the
Board approve the Advanced Step Hire of a Director-
Environmental Health candidate to step 6 of the salary
range based on education and experience - action
requested - APPROVE ADVANCED STEP HIRE OF DIRECTOR-
ENVIRONMENTAL HEALTH CANDIDATE TO STEP 6 OF THE SALARY
RANGE.
3.20 * Advanced Step Hire - pursuant to Personnel Rule
11.5(b), the Human Resources Department is requesting
the Board approve the Advanced Step Hire of a Manager,
Labor Relations and Benefits candidate to step 5 of the
salary range based on education and experience - action
requested - APPROVE ADVANCED STEP HIRE OF MANAGER,
LABOR RELATIONS AND BENEFITS CANDIDATE TO STEP 5 OF THE
SALARY RANGE.
LIBRARY 3.21 * Butte County Library Advisory Board - action
requested - APPOINT JOHN E . FEW TO A VACATED TERM TO
END DECEMBER 31, 2006.
PAGE 5
FEBRUARY 28, 2006
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -FEBRUARY 28, 2006
PUBLIC
HEALTH 3.22 * Esplanade Furniture - approval is requested for a
purchase agreement with Esplanade Furniture for the
fixed asset purchase of modular office furniture in the
amount of $46,606. Funding for the agreement is
available within the department's current
appropriations and Board approval is also requested for
a transfer of funds between department budget line
items to provide the appropriation needed for the
purchase - action requested - APPROVE FIXED ASSET
PURCHASE OF OFFICE FURNITURE; APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN; AND APPROVE A BUDGET
TRANSFER ADJUSTING BUDGET LINE ITEMS AS DETAILED IN THE
AGENDA REPORT.
3.23 * Linda Lewis - Amendment - approval is requested for a
sole source amendment to the agreement with Linda Lewis
for the provision of epidemiology services to support
the Bioterrorism Preparedness Plan. The amendment
extends the term of the agreement through
August 30, 2006, increases the maximum amount payable
by $31,000 (Bioterrorism Grant funds), increases the
hourly rate payable by $6 per hour for the period of
March 1, 2006, through August 30, 2006, and revises the
agreement's attachments to reflect the changes. All
other terms and provisions remain the same - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER. (Contract No. X15478)
PUBLIC
woxxs 3.24 * RBF Consulting - approval is requested for an agreement
with RBF Consulting for an engineering analysis of the
existing Thermalito Master Drainage Plans and to
prepare recommendations for modifications to bring the
plans into conformance with environmental and County
requirements and constraints, recommend mitigation
measures, prepare cost estimates for drainage
facilities construction, and prepare an impact fee
schedule for development in the drainage area. The
agreement is the result of a Request For Proposal. The
term of the agreement is 217 days from the date of
notice to proceed, with a maximum amount payable of
$224,875. Funding for the agreement is available from
the Thermalito Drainage Trust, and Board approval is
also requested for a transfer of trust funds to provide
the appropriation needed for the agreement. The City
of Oroville has agreed to share the cost of the
agreement based on the percentage of study area within
the City limits - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE
A BUDGET TRANSFER (4/5 vote required) ACCEPTING AND
APPROPRIATING TRUST FUND REVENUE AS DETAILED IN THE
AGENDA REPORT.
PAGE 6 FEBRUARY 28, 2006
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -FEBRUARY 28, 2006
3.25 * Introduction of an Ordinance Establishing Speed Limits
on Certain Roads Within the County of Butte - approval
is requested for an ordinance which will establish
speed limits on roads within the County of Butte as
follows: 1. Biggs Avenue (County Road No. 26455-E)
from Eighteenth Street to Twelfth Street, in
Thermalito, 25 miles per hour; 2. White Avenue
(County Road No. 058205-Q) from East Avenue to the
Chico city limits, in north Chico, 25 miles per hour;
and 3. Turner Avenue (County Road No. 04385-D) from
State Highway 99 to Larkin Road, south of Gridley, 40
miles per hour - action requested - WAIVE READING OF
THE ORDINANCE.
3.26 * Resolution for Summary Vacation of a Public Utility
Easement (A Public Utility Easement in Lot 1, Carriage
Manor Subdivision) - the department has received a
landowner request to vacate a Public Utility Easement
encumbering the west 20 feet of their parcel located at
2606 Phaeton Drive, Oroville (APN 079-200-001). The
easement was created in 1978 by dedication on the map
of the Carriage Manor Subdivision. The Planning
Commission approved the request at its meeting of
February 9, 2006, and the proposal has been reviewed
and approved by the local and franchise utility
companies - action requested - FIND THAT THE PUBLIC
UTILITY EASEMENT DESCRIBED IN THE RESOLUTION FOR
SUMMARY VACATION OF A PUBLIC UTILITY EASEMENT IS NO
LONGER NECESSARY OR REQUIRED; AND ADOPT THE RESOLUTION
AND AUTHORIZE THE CHAIR TO SIGN.
3.27 * Resolution for Summary Vacation for a Water Pipeline
Right of Way from the Miocene Canal to the Old County
Infirmary - the department has received a developer
request to vacate an old water pipeline Right of Way
traversing a parcel (APN 031-030-031) located within
the City of Oroville. The right of way was granted to
the County in 1886 to provide water to the County
infirmary. The pipe no longer exists and the old
infirmary building is currently serviced by the
Thermalito Irrigation District and an on-site well.
The Thermalito Irrigation District, Butte County
General Services, Butte County Facilities Services, and
Butte County Water and Resource Conservation have no
objections to the vacation of this water pipeline right
of way. The developer has been advised to work with
the City of Oroville to vacate any public interest that
may exist within the incorporated area - action
requested - FIND THAT THE WATER PIPELINE RIGHT OF WAY
DESCRIBED IN THE RESOLUTION FOR SUMMARY VACATION FOR A
WATER PIPELINE RIGHT OF WAY FROM THE MIOCENE CANAL TO
THE OLD COUNTY INFIRMARY IS NO LONGER NECESSARY OR
REQUIRED; ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN; AND APPROVE QUITCLAIM DEED AND AUTHORIZE THE
CHAIR TO SIGN.
PAGE 7 FEBRUARY 28, 2006
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -FEBRUARY 28, 2006
3.28 * Gravel Road Selection Criteria for Annual Air Quality
Management District Grant Funding - approval is
requested for the proposed priority ranking of gravel
roads to be selected for resurfacing utilizing Air
Quality Management District grant funding - action
requested - REVIEW THE REMAINING ROADS INDICATED AS TOP
CANDIDATES FOR PAVING FROM THE LIST OF GRAVEL ROADS OF
HIGHEST CONCERN AS DETERMINED IN FISCAL YEAR 2003-2004;
SELECT SWEDES FLAT ROAD AS THE GRAVEL ROAD TO BE
RESURFACED UTILIZING AIR QUALITY MANAGEMENT DISTRICT
GRANT FUNDING FOR FISCAL YEAR 2005-2006; AND DIRECT
PUBLIC WORKS TO MAKE APPLICATION FOR THE $50,000
AVAILABLE IN AIR QUALITY MANAGEMENT DISTRICT FUNDS TO
CHIP SEAL AN APPROXIMATE 0.60 MILE SECTION OF THE
SELECTED GRAVEL ROAD.
SHERIFF-
CORONER 3.29 * Patrol Room Remodel - approval is requested to transfer
$26,500 from the Sheriff's Impact Fees account and
$3,850 from the Rural County Supplemental Funding
account to the department's budget to provide the
appropriations needed to complete the funding for the
South County Patrol Room remodel project. The
department initially transferred $29,393 for the
project, but final construction bids resulted in a need
for an additional $19,350 for construction and $11,000
for computers, printers, cabling, telephones and
furnishings - action requested - APPROVE A BUDGET
TRANSFER (4/5 vote required) ACCEPTING AND
APPROPRIATING $26,500 FROM SHERIFF IMPACT FEES AND
$3,850 FROM THE RURAL COUNTY SUPPLEMENTAL FUND AS
DETAILED IN THE AGENDA REPORT.
3.30 * Methamphetamine Prevention Outreach Program Budget
Transfer - approval is requested to transfer $1,300
from the Drug and Gang Activity Education Trust Fund to
the department's budget to provide the appropriation to
purchase materials for the Methamphetamine Prevention
Outreach Program - action requested - APPROVE A BUDGET
TRANSFER (4/5 vote required) ACCEPTING AND
APPROPRIATING TRUST FUND REVENUE AS DETAILED IN THE
AGENDA REPORT.
3.31 * Ceiling Tiles Security Budget Transfer - approval is
requested for a transfer of $8,110 from the Inmate
Welfare Fund to provide the appropriation needed to
construct and install a mechanism to secure ceiling
tiles in the Jail. The mechanism will prevent the
tiles from being lifted by inmates in the facility -
action requested - APPROVE A BUDGET TRANSFER (4/5 vote
required) ACCEPTING AND APPROPRIATING INMATE WELFARE
FUNDS AS DETAILED IN THE AGENDA REPORT.
PAGE 8 FEBRUARY 28, 2006
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -FEBRUARY 28, 2006
TREASURER-
TAx COLLECTOR 3.32 * Public Auction Sale of Tax-Defaulted Properties -
approval is requested, pursuant to Revenue and Taxation
Code Section 3698, to sell at public auction, via the
Internet, tax-defaulted properties which are subject to
the power of sale for a stated minimum price.
Approval is also requested, pursuant to Revenue and
Taxation Code Section 3698.5, to re-offer any unsold
parcels at the end of the auction - action requested -
APPROVE REQUEST TO SELL AND RE-OFFER TAX-DEFAULTED
PROPERTIES SUBJECT TO THE POWER OF SALE AS DETAILED IN
THE AGENDA REPORT AND AUTHORIZE THE CHAIR TO SIGN
APPROVAL STATEMENT.
3.33 * Monthly Investment Report - submitted is the Monthly
Investment Report dated January 31, 2006, in accordance
with the Statement of Investment Policy dated
July 1, 2005 - action requested - ACCEPT FOR
INFORMATION.
WATER AND
RESOURCE
CONSERVATION 3.34 * Kennedy/Jenks Consultants, Inc. - on December 13, 2005,
the Board approved an agreement with Kennedy/Jenks
Consultants, Inc., for the development of a Basin
Management Objectives Information Center. The
agreement provided for an implementation time for the
Center of eight months from the start of Phase I, with
a maximum amount payable of $70,000 (grant funds).
Subsequent to that approval it was discovered that the
agreement form used was an out of date standard form.
The department has replaced the old form agreement with
the most recent standard format used and is requesting
the Board re-approve this agreement. The term and
amount payable remain the same - action requested -
APPROVE REVISED AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL. (Contract
No. X15837)
3.35 * Resolution Continuing the Extension of the Trust Fund
Established Pursuant to Resolution 98-161 Governing the
Exchange of Property Taxes for the Dissolution of the
Lime Saddle Community Services District Through
March 7, 2009 - approval is requested for a resolution
which will extend the term of the trust fund governing
the exchange of property taxes for the dissolution of
the Lime Saddle Community Services District until
March 7, 2009, to allow for the trust funds to be
considered for use during the construction of the two-
mile pipeline for the benefit of Lime Saddle
residents - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN.
PAGE 9 FEBRUARY 28, 2006
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -FEBRUARY 28, 2006
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 AND
LEGISLATIVE
UPDATE 4.02 Update on Current Budget and Legislative Issues by the
Chief Administrative Officer.
PRESENTATION
AND DISCUSSION
ITEMS 4.03 * Resolution of Appreciation to Supporters of the Ninth
Annual Community Wide True Love Waits Campaign - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN. (SUPERVISOR CONNELLY)
4.04 * Resolution Honoring Butte County Employees for
Dedicated Years of Service - presentation of awards to
employees with 30 and 35 years of service to the County
of Butte - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN; AND PRESENT AWARDS TO
EMPLOYEES WITH 30 AND 35 YEARS OF SERVICE. (HUMAN
RESOURCES)
4.05 * Deer Herd Winter Range Protection Policy - Report to
the Board - presentation to the Board by the California
Department of Fish and Game regarding the County's Deer
Herd Winter Range Protection Policy and its affect on
land development and parcel size restrictions in
eastern Butte County - action requested - ACCEPT FOR
INFORMATION. (STATE OF CALIFORNIA, DEPARTMENT OF FISH
AND GAME)
PAGE l0 FEBRUARY 28, 2006
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -FEBRUARY 28, 2006
4.06 * Transportation Congestion Improvement Act (Proposition
42) Funds and Purchase of Equipment - consideration of
the acceptance of State Proposition 42 funds in the
amount of $1,400,000, and the allocation of $200,000
for the fixed asset purchase of road equipment, and
$1,200,000 to the Road and Bridge Construction Fund -
action requested - APPROVE A BUDGET TRANSFER (4/5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED
REVENUE TO FIXED ASSETS AND THE ROAD AND BRIDGE
CONSTRUCTION FUND AS DETAILED IN THE AGENDA REPORT.
(PUBLIC WORKS)
4.07 * Purchase of Help America Vote Act (HAVA) Compliant
Voting System - consideration of an award of an
agreement to Diebold Election Systems, Inc., for
AccuVote TSx Touchscreen voting equipment for precinct
voting and AccuVote-OS Optical Scan vote tabulators for
absentee voting, with related equipment and supplies,
software, hardware and support services for a total
contract amount of $3,224,187. Funding for the
agreement will be provided by two grants totaling
$2,939,810, with the remaining $286,277 to be charged
to subsequent elections. The Clerk-Recorder will enter
into revenue agreements with the State of California
for HAVA funds and is also requesting Board approval of
required budget transfers related to the purchase of
the equipment - action requested - APPROVE FIXED ASSET
PURCHASE OF VOTING EQUIPMENT AS DETAILED IN THE AGENDA
INFORMATION; APPROVE AND AWARD AGREEMENT TO DIEBOLD
ELECTION SYSTEMS, INC., SUBJECT TO MINOR CHANGES IN THE
TERMS AND SPECIFICATIONS, FOR A MAXIMUM OF $3,224,187,
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; ADOPT A
RESOLUTION AUTHORIZING THE COUNTY CLERK-RECORDER TO
EXECUTE AN AGREEMENT WITH THE STATE OF CALIFORNIA FOR
THE HELP AMERICA VOTE ACT (HAVA) SECTION 301 VOTING
SYSTEM PROGRAM IN THE AMOUNT OF $1,469,905.57 AND
AUTHORIZE THE CHAIR TO SIGN; AND APPROVE A BUDGET
TRANSFER (4/5 vote required) INCREASING APPROPRIATIONS
FOR THE ELECTIONS DIVISION FISCAL YEAR 2005-2006 BUDGET
BY $2,772,801 OFFSET BY GRANT REVENUE. (COUNTY CLERK-
RECORDER/REGISTRAR OF VOTERS)
4.08 Items Removed from the Consent Agenda for Board
Consideration and Action.
PAGE 11
FEBRUARY 28, 2006
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -FEBRUARY 28, 2006
rJ . OO PUBLIC HEARINGS AND TIMED ITEMS
10:30 A.M. 5.01 * Public Hearing - Ballot Proceeding - Consideration of
the Establishment of an Increased Annual Service Charge
in County Service Area (CSA) No. 17 (Proposed Zone 2)
That Would Include Alley Maintenance Services Within a
Newly Created Zone of Benefit Known as Zone 2 - on
December 13, 2005, the Board approved the initiation of
a property owner ballot proceeding to consider
increasing the annual per parcel service charge in a
newly created zone of CSA No. 17 (South Oroville/Las
Plumas Park Lighting) to provide alley maintenance
services - action requested - OPEN PUBLIC HEARING;
REQUEST PROPERTY OWNER BALLOTS; CLOSE HEARING; REQUEST
BALLOT RESULTS FROM CLERK; IF A MAJORITY VOTE IS
RECEIVED IN FAVOR OF THE INCREASE, DIRECT THAT
BEGINNING IN FISCAL YEAR 2006-2007, THE NEW MAXIMUM PER
PARCEL SERVICE CHARGE WILL BE $20.50 WITHIN ZONE 2,
COUNTY SERVICE AREA NO. 17; IF THERE IS A MAJORITY VOTE
NOT TO INCREASE THE MAXIMUM PER PARCEL SERVICE CHARGE
WITHIN ZONE 2, DIRECT THAT SUCH INCREASE WILL NOT BE
ESTABLISHED AND THE MAXIMUM PERMISSIBLE PER PARCEL
CHARGE WILL REMAIN $10.50 AS PREVIOUSLY DETERMINED.
(FROM 12-13-05 [5.01])
10:35 A.M. 5.02 * Public Hearing - Gate Fees Chargeable at the Neal Road
Landfill - consideration of an ordinance amending
Chapter 3, Article VII, entitled Gate Fees Chargeable
at the Neal Road Landfill, relating to fees for
disposal of solid waste - action requested - OPEN
HEARING AND CONTINUE OPEN TO MARCH 14, 2006; AND DIRECT
STAFF TO SCHEDULE A WORKSHOP WITH THE BOARD OF
SUPERVISORS TO CONSIDER LONG-TERM SOLUTIONS TO CAPITAL
REQUIREMENTS OF THE NEAL ROAD LANDFILL.
PAGE 12 FEBRUARY 28, 2006
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -FEBRUARY 28, 2006
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 CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9 (a)
1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100);
2. BUTTE COUNTY V. CHAPMAN (BUTTE SUPERIOR COURT
CASE NO. 136519).
7.02 CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
24956.9(c) ONE POTENTIAL CASE.
PAGE 13 FEBRUARY 28, 2006
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. ConsentAgenda: 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 ConsentAgenda, 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 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