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HomeMy WebLinkAboutA042407BUTTE COUNTY BOARD OF SUPERVISORS AGENDA APRIL 24, 2007 ~~ .. , ~ . ~. County Supervisors Bill Connelly, District 1 Jane Dolan, District 2 Maureen Kirk, 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 -APRIL 24, 2007 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 AUDITOR- CONTROLLER 3.01 * 2006 DNA Identification Fund Report - pursuant to Government Code Section 76104.6, submitted is the 2006 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 3.02 * State of California, Department of Alcohol and Drug Programs - amendment - approval is requested for an amendment to the revenue agreement with the State of California, Department of Alcohol and Drug Programs, Combined Negotiated Net Amount (NNA) and Drug/Medi-Cal programs for Fiscal Years (FY) 2004 through 2008. The amendment increases the FY 2006/2007 allocation to $2,004,223 (department budget). The revenue received for FY 2004/2005 and FY 2005/2006 will be $2,014,759 and $2,132,295 respectively. All other terms and provisions remain the same - action requested - ADOPT RESOLUTION APPROVING AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. R40688) PAGE 1 APRIL 24, 2007 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -APRIL 24, 2007 3.03 * Northern Valley Catholic Social Services - amendment - approval is requested for an amendment to the agreement with Northern Valley Catholic Social Services for the provision of speciality mental health services to children with full scope Medi-Cal who meet the criteria of medical necessity. The amendment increases the maximum payable for Fiscal Year 2006/2007 to $754,528.40 (department budget). This is an increase of $30,178.76. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X16222) 3.04 * Rowell Family Empowerment of Northern California, Inc. - amendment - approval is requested for an amendment to agreement with Rowell Family Empowerment of Northern California, Inc. This provider assists in planning and implementing the Connecting Circles of Care project funded by a grant from the Substance Abuse and Mental Health Services Administration (SAMHSA). The amendment increases the maximum payable to $551,724 (department budget). This is an increase of $79,473. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X16299) 3.05 * SAMHSA/Connecting Circles of Care Grant and Fixed Asset Purchase - approval is requested to accept $487,958 in unanticipated revenue which was unexpended from the previous fiscal year. The grant is designed to create and expand services for Severely Emotionally Disturbed (SED) children. The department requests that a portion of the grant revenue be used for the fixed asset purchase of a van that is needed to transport clients to various activities - action requested - APPROVE BUDGET TRANSFER (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED FUNDS AS DETAILED IN THE AGENDA REPORT; AND APPROVE FIXED ASSET PURCHASE OF VAN. 3.06 * Feather River Tribal Health, Inc. - amendment - approval is requested for an amendment to the agreement with Feather River Tribal Health, Inc. This provider acts as a Co-Director to the Connecting Circles of Care grant from SAMHSA. The amendment increases the maximum payable to $216,830.54. This is an increase of $48,000 for Fiscal Year 2006/2007 (department budget). All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X16253) PAGE 2 APRIL 24, 2007 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -APRIL 24, 2007 3.07 * Caminar, Inc. - amendment - approval is requested for an amendment to the agreement with Caminar, Inc. Caminar provides vocational experience services, supported employment community work crews, and situational assessment for individuals who have severe mental illness and/or alcohol and drug problems or have been homeless or booked into Butte County jail. The amendment increases the maximum payable to $282,687. This is an increase of $58,130 for Fiscal Year 2006/2007 (department budget). All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X16290) 3.08 * Budget Transfer and Fixed Asset Purchase - approval is requested for a budget transfer of $20,000 for the purchase of a van to be used by the Community Services Division. This van will replace a vehicle that was destroyed in an accident in March 2007 - action requested - APPROVE BUDGET TRANSFER ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT; AND APPROVE FIXED ASSET PURCHASE. 3.09 * Authorization for Payment of Unauthorized Purchases - approval is requested for authorization of payment of three Field Purchase Orders (FPO) totaling $7,491.75 payable to Workspace Design and Furniture. The department should have combined these FPOs on one purchase requisition and utilized County Purchasing. These purchases circumvent the County's Purchasing authority and meet Section 8.03 (b) of the County Purchasing Policy Manual which requires Board approval of unauthorized purchases - action requested -AUTHORIZE PAYMENT OF THREE FPOS TOTALING $7,941.75. BOARD OF SUPERVISORS 3.10 Community Action Agency - Appointment of District 2 Member - action requested - APPOINT JENNIFER HAFFNER TO TO A TERM TO END DECEMBER 31, 2010. PAGE 3 APRIL 24, 2007 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -APRIL 24, 2007 CHIEF ADMINISTRATIVE OFFICE 3.11 * Kristin Cobery - approval is requested for an agreement with Kristin Cobery, who has been nominated by the Public Defender Consortium to represent clients enrolled in the Forensic Team Research (FOREST) program. The FOREST program provides services to the mentally ill with the goal of reducing recidivism and encouraging independence. The agreement amount is $27,635 and is fully funded by the Mentally Ill Offender Crime Reduction III grant from the State Department of Corrections and Rehabilitation. The term of the agreement is from May 1, 2007 to April 30, 2008 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.12 * Resolution Honoring William S. Curry, General Services Director, Upon His Retirement from Butte County - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 3.13 * Cost Containment Associates (CCA) - approval is requested for a contract with CCA. CCA reviews utility and telecommunications billings to ensure that all appropriate tariffs have been levied. CCA is paid only if savings are found, and their payment is a potion of the savings. CCA has found hundreds of thousands of dollars in savings for their clients. In addition to looking back at billings already paid, CCA works to negotiate long term agreements with utility and telecommunication providers for savings in future costs - action requested - APPROVE AGREEMENT AND AUTHORIZE CHIEF ADMINISTRATIVE OFFICER TO EXECUTE THIS CONTRACT SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. CHILD SUPPORT SERVICES 3.14 * Mr. Charles Carey and Ms. Sherry Carey - amendment - approval is requested for an amendment to the lease agreement with Mr. Charles Carey and Ms. Sherry Carey. The amendment terminates the lease for 1997 Bird Street, Oroville as of March 1, 2007 and amends the monthly lease amount for 1420 Myers Street, Oroville to $4,457.04. The lease amount will increase 20 annually on March of each year. The term of the agreement is from March 1, 2008 through February 28, 2010 with an option to renew for three additional years - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. PacE 4 APRIL 24, 2007 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -APRIL 24, 2007 DEVELOPMENT SERVICES 3.15 * All Star Towing - Abandoned Vehicle Abatement Agreement - approval is requested for an agreement with All Star Towing as the primary contractor under the Butte County Abandoned Vehicle Abatement Program. The term of the contract is from April 1, 2007 through June 30, 2010. The department issued a Request for Proposal in December 2006. All Star Towing's proposal is to tow standard sized vehicles and some oversized vehicles for $0. The fees that will be charged for the remaining oversized vehicles are detailed in the agenda report. The maximum amount payable is $90,000 for the term of the agreement - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. EMERGENCY SERVICES 3.16 * Fiscal Year (FY) 2007 Emergency Management Grant Program - approval is requested by the department to apply for funds available through the FY 2007 State Emergency Management Performance Grant Program. The Butte County Operational Area has been allocated $74,336 by the Governor's Office of Emergency Services. The funds will be used to support activities that contribute to the mitigation, prevention, preparation, and response and recovery from emergencies and disasters - action requested - APPROVE APPLICATION TO THE GRANT AND AUTHORIZE CHIEF ADMINISTRATIVE OFFICER AND/OR EMERGENCY SERVICES OFFICER TO SIGN ALL DOCUMENTS RELATING TO THE GRANT; AND ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 3.17 * Fiscal Year 2007 State Homeland Security Grant Program - approval is requested to apply for funds allocated by the Office of Homeland Security designated for emergency prevention and preparedness, and for response personnel to prevent, deter, respond to and recover from threats and incidents of terrorism - action requested - APPROVE APPLICATION TO THE GRANT AND AUTHORIZE CHIEF ADMINISTRATIVE OFFICER AND/OR EMERGENCY SERVICES OFFICER TO SIGN ALL DOCUMENTS RELATING TO THE GRANT; AND ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 3.18 * Transfer Agreement for Homeland Security Grant Items - approval is requested for the County to enter into transfer agreements with outside agencies as required by recent Homeland Security grant guidelines, with outside agencies. Pursuant to Government Code 25365, the County may transfer, by 4/5 vote, any property not required for County use to certain public entities - action requested - AUTHORIZE CHIEF ADMINISTRATIVE OFFICER (4/5 vote required), OR HIS DESIGNEE, TO APPROVE AND EXECUTE FINALIZED AGREEMENTS SUBJECT TO REVIEW BY COUNTY COUNSEL. PAGE 5 APRIL 24, 2007 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -APRIL 24, 2007 3.19 * Memorandum of Understanding (MOU) with Community Advisory Radio Station - approval is requested for the MOU between the County of Butte, California Highway Patrol, and local Fire Safe Councils. The community emergency radio stations were funded through the Secure Rural Schools and Community Self-Determination Act of 2000 to provide evacuation and other public information to emergency service organizations before, during, and after major emergencies. In order to establish long- term sustainability of the emergency radio stations and to establish continuity through Butte County, the radio stations will be licensed to the County's Office of Emergency Services - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL. 3.20 * Multi-Jurisdictional All Hazards Pre-Disaster Mitigation Plan - approval is requested for this plan which will open three sources of funding from: Flood Mitigation Assistance (FMA), Hazard Mitigation Grant Program (HMGP), and Pre-Disaster Mitigation (PDM) Grant Program (PDM). The FMA program has grants available for planning assistance and projects that reduce the risk of future floods. The HMGP funds provide incentive and capability to implement cost effective, environmentally sound long term mitigation measures, and the PDM grant program assists in developing and implementing mitigation plans and funds pre-disaster "brick and mortar" mitigation projects - action requested - APPROVE THE MULTI-JURISDICTIONAL ALL HAZARDS PRE-DISASTER MITIGATION PLAN; AND ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. GENERAL SERVICES 3.21 * Fixed Asset Purchase - approval is requested to increase the amount needed to purchase a replacement aerial lift truck by $23,000 for a total of $88,000. In the 2006/2007 Budget, General Services received authority to purchase the truck for a maximum of $65,000. The actual cost is $87,963.50 (department budget) - action requested -APPROVE INCREASE IN AMOUNT OF FIXED ASSET PURCHASE OF AERIAL LIFT TRUCK. HUMAN RESOURCES 3.22 * 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. The two employees with 30 years of service are Dorothy Smith and Brenda Crotts. Mary Van Gilder has 35 years of service - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND PRESENT AWARDS TO EMPLOYEES. PAGE 6 APRIL 24, 2007 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -APRIL 24, 2007 3.23 * Resolution to Amend the Salary Ordinance - the department has prepared a resolution which will amend the salary ordinance as follows: CHILD SUPPORT - deletes one Legal Secretary position and adds one position of Child Support Specialist effective date May 21, 2007. ADMINISTRATION - deletes one position of Administrative Assistant and one flexibly staffed position of Administrative Assistant, Office Specialist, Senior, Office Specialist, Office Assistant, and adds two flexibly staffed positions of Administrative Assistant, Senior, Administrative Assistant. The department also requests to delete one flexibly staffed position of Board Administrative Support Specialist, Administrative Assistant and add one flexibly staffed position of Administrative Assistant, Senior, Administrative Assistant - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. PROBATION 3.24 * Budget Transfer and Fixed Asset Purchases - approval is requested for a budget transfer of $102,000 as detailed in the agenda report for the following software and fixed asset purchases: an updated version of Microsoft Office for the necessary licenses at a cost of $59, 000; an upgraded version of Probation's case management system to be compatible with the current version of Oracle server software at an estimated cost of $25,000; a replacement for the department's database server at an estimated cost of $10,000; and the Crystal Reports server software to assist with data reporting needs at a cost of $8,000 - action requested - APPROVE BUDGET TRANSFER ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT; AND APPROVE FIXED ASSET PURCHASES. 3.25 * Resolution regarding the Anti-Drug Abuse Enforcement Program - consideration of a resolution that authorizes the Chief Probation Officer to sign for and execute the Edward Byrne Memorial Block Grant Program Agreement which is a requirement for participation in the program. The funds are used for the Butte Interagency Narcotics Task Force - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. PAGE 7 APRIL 24, 2007 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -APRIL 24, 2007 PUBLIC HEALTH 3.26 * Northern California EMS, Inc. - approval is requested for a sole source agreement with Northern California EMS, Inc. for the provision of training opportunities and education to Health Resource Service Association (HRSA) partners. Public Health currently has a grant through HRSA used to enhance the ability of Butte County hospitals and other health care partners to prepare for and respond to bioterrorism and other public health emergencies. The maximum payable is $78,000, and the term of the agreement is from September 1, 2006 through August 31, 2007 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. PUBLIC woRxs 3.27 * County Service Area (CSA) No. 34 (Gridley Swimming Pool) - approval is requested for an agreement with the Butte County Fair Association for the operation, maintenance, repair, and upkeep of the Gridley Swimming Pool. The term of the agreement is July 1, 2007 through June 30, 2008 with a maximum amount payable of $49,514. To provide for the funding advance available under the contract, Board approval is also requested for a loan from the CSA Revolving Loan Fund in the amount of $25,500. The loan will be repaid prior to the end of Fiscal Year 2007/2008 through monies collected by property taxes, AB 8 funding, and gate receipts - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER; AND ADOPT A RESOLUTION APPROPRIATING MONIES FROM THE COUNTY SERVICE AREA REVOLVING LOAN FUND AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X16497) 3.28 Adoption of Ordinance Establishing Speed Limits on Certain Roads Within the County of Butte - approval is requested for an ordinance which will establish a speed limit of 35 miles per hour on West Sacramento Avenue from 0.2 miles west of Glenwood Avenue to the Chico City Limits - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 4-10-07 [3.21]) SHERIFF- CORONER 3.29 * Budget Transfer - approval is requested to transfer $8,270 from the civil vehicle trust as detailed in the agenda report in order to obtain necessary equipment for newly purchased patrol cars - action requested - APPROVE BUDGET TRANSFER (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT . PAGE 8 APRIL 24, 2007 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -APRIL 24, 2007 3.30 * Search and Rescue Donation - approval is requested to accept the donation of an Interstate Van Trailer which is an enclosed trailer for the containment of equipment needed for potential emergencies. It has a purchase value of $2,034.28. Search and Rescue has already applied for the license plates for the trailer - action requested - ACCEPT DONATION OF TRAILER. 3.31 * Accept Unanticipated Revenue - the Sheriff's office is in receipt of a reimbursement check from Oroville Medical Center in the amount of $2,247.24 for an erroneous payment the County made in Fiscal Year 2004/2005. Payments should have been made to First Responder ambulance service and Internal Medical Group and those invoices are outstanding - action requested - APPROVE BUDGET TRANSFER (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED FUNDS AS DETAILED IN THE AGENDA REPORT. 3.32 * Memorandum of Understanding (MOU) with the State of California Department of Justice (DOJ) - approval is requested for this MOU for the County to participate in a pilot program called Firearms Domestic Violence Education and Intervention Program. The program is intended to decrease the risks of domestic violence cases escalating into serious injury. The DOJ will assign a full time special agent and a crime prevention specialist and will fund a full time Deputy Sheriff for the project. The term of the MOU is May 1, 2007 through April 30, 2009 with a total maximum payable of $316,943. Fiscal Year (FY) 2007 allocation is $23,828, FY 2008 is $173,135, and FY 2009 is $119,980 - action requested - APPROVE 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. TREASURER- TAx COLLECTOR 3.33 * Resolution Authorizing and Approving Tax & Revenue Anticipation Notes (IRAN) for Fiscal Year 2007/2008 - consideration of a resolution that will authorize the Auditor and Treasurer to begin procedures to participate in the California Cash Flow Financing Program for the 2007/2008 issuance of Tax and Revenue Anticipation Notes. The issuance will be for a maximum feasible amount to be determined by the Treasurer and Auditor, not to exceed $25,000,000 - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. PAGE 9 APRIL 24, 2007 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -APRIL 24, 2007 WATER AND RESOURCE CONSERVATION 3.34 * State of California, Department of Water Resources - amendment - approval is requested for an amendment to the agreement with the Department of Water Resources which provides funding for the purpose of conducting groundwater studies or groundwater monitoring and management activities. The amendment extends the term of the agreement to May 15, 2008 - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. (Contract No. R40818) 3.35 * State of California, Department of Water Resources and Streaminders-Chapter of the Izaak Walton League - amendment - approval is requested for an amendment to the revenue agreement with the State of California, Department of Water Resources, and Streaminders-Chapter of the Izaak Walton League, for funds under the Urban Streams Restoration Program. The amendment extends the term of the revenue agreement and the expenditure contract with Streaminders-Chapter of the Izaak Walton League to May 15, 2008 - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract Nos. R40559 and X14457) 3.36 * Property Tax Exchange Agreement - approval is requested for this agreement between the County of Butte and the Butte County Resource Conservation District (RCD). RCD was formed by Resolution No. 02-062 with the boundaries of RCD contiguous within the boundaries of the County, but excluding all the territory with the Vina Resource Conservation District. Butte County RCD is applying to the Local Agency Formation Commission (LAFCo) to annex those areas within the former Vina RCD which consists of 14 parcels. The Property Tax Exchange Agreement indicates no property tax exchange will occur as a result of the annexation - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. OTHER DEPARTMENTS AND AGENCIES 3.37 * Resolution Declaring April 22-28, 2007 as Safety Seat Checkup Week in Butte County - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 3.38 * Resolution Proclaiming April 22-28, 2007 as National Crime Victims' Rights Week - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. PAGE 10 APRIL 24, 2007 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -APRIL 24, 2007 4.00 REGULAR AGENDA BOARDS, COMMISSIONS AND COMMITTEES 4 . 01 * Boards, Commissions and Committees . 1. Appointments to Listed Vacancies. 2. Financial Management Options Committee - At the March 27, 2007 Board of Supervisors meeting, the Board directed the Chair, Vice Chair, and the Chief Administrative Officer (CAO) to determine the membership of a newly established working committee to review options for reorganizing the financial management of Butte County. There will be two appointments at this time. Staff will provide support to the committee as requested - action requested - APPOINT SUPERVISOR YAMAGUCHI AND SUPERVISOR KIRK. 3. 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 11 APRIL 24, 2007 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -APRIL 24, 2007 PRESENTATION AND DISCUSSION ITEMS 4.04 * Palm Crest Village Subdivision Reimbursement Agreement - the Community Housing Improvement Program (CHIP), as owner of a majority of the lots within the interior of the Palm Crest Village Subdivision in Thermalito, has constructed Park Way, West Way and portions of Crest Drive and Mountain Vista Drive to County standards and formed County Service Area No. 181 for maintenance of the drainage systems and street lighting. These improvements serve two lots (11 and 12) within the subdivision which are not owned by CHIP. CHIP is requesting approval of the agreement in order to be reimbursed by the property owners of Lots 11 and 12 prior to the issuance of development permits - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Public Works) 4.05 * Butte County State Water Project (SWP) Table-A Allocation Alternatives and Long-term Action Plan - approval is requested for the submittal of this plan to the Department of Water Resources (DWR). In June 2006, the department sent a request to DWR requesting that Butte County's water supply contract, originally established in 1963, be amended to reduce the Table A Allocation through 2009. DWR agreed to reduce the Table-A Allocation in water year 2007 but required submittal of a long-term action plan on how the County intends to utilize its full SWP water supply in the future. In addition to the action plan, the department has prepared a transmittal letter to DWR requesting financial and technical assistance to complete the initial pre-feasibility investigation - action requested - AUTHORIZE SUBMITTAL OF THE PLAN TO DWR; AND AUTHORIZE THE DIRECTOR OF WATER AND RESOURCE CONSERVATION TO SIGN TRANSMITTAL LETTER. 4.06 Items Removed from the Consent Agenda for Board Consideration and Action. PAGE 12 APRIL 24, 2007 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -APRIL 24, 2007 rJ . OO PUBLIC HEARINGS AND TIMED ITEMS 10:15 A.M. 5.01 Public Hearing - Budget Transfer of Community Development Block Grant (CDBG) Program Income - State CDBG Program Income is defined as gross income received by the County that has been directly generated from the use of CDBG funds. The State requires that Program Income be substantially expended by the end of each fiscal year. Currently, grant no. 05-STBG-1621 is approved to fund Americans with Disabilities Act improvements to the Veteran's Halls in Chico, Gridley, Paradise, and Oroville. Chico Veteran's Hall is near completion. Renovations on the Gridley and Paradise Veteran's Halls will begin next. Oroville Veteran's Hall is scheduled to begin renovations in Fiscal Year 2007/2008. Due to increased costs, the original grant will not cover the necessary improvements needed. The current Program Income balance will allow a transfer of $180,000 for the Gridley and Paradise Veteran's Halls. Prior to commencement of improvements at the Oroville Veteran's Hall, staff will return to the Board for additional appropriations as necessary - action requested - APPROVE BUDGET TRANSFER (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT; AND ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Chief Administrative Office) PAGE 13 APRIL 24, 2007 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -APRIL 24, 2007 10:25 A.M. 5.02 Public Hearing and Ballot Proceeding - Establishment of Service Charges in County Service Area (CSA) 78, Woodside Lighting - On January 9, 2007, the Board adopted Resolution 07-006 directing commencement of procedures to impose an increase of $26.40 to the current annual service charge in CSA 78, Woodside Lighting in order to pay the annual cost for 17 streetlights and to cover administrative costs for the Special District. The protest hearing was held February 27, 2007. There was not a majority protest at that time - action requested - OPEN PUBLIC HEARING AND ASK FOR COMMENTS OR PROTESTS TO THE ESTABLISHMENT OF THE PROPOSED SERVICE CHARGES; REQUEST BALLOT RESULTS FROM THE CLERK OF THE BOARD; AND 1. IF A MAJORITY OF BALLOTS ARE IN FAVOR OF THE INCREASE, ADOPT A RESOLUTION ESTABLISHING THE INCREASED SERVICE CHARGES AND AUTHORIZE THE CHAIR TO SIGN. OR 2. IF A MAJORITY OF BALLOTS ARE AGAINST THE INCREASE, DIRECT PUBLIC WORKS TO DE-ENERGIZE SEVERAL STREETLIGHTS TO REDUCE EXPENSES. 10:30 A.M. 5.03 Timed Item - Resolution for Oak Woodlands Management Plan - consideration of a resolution that will allow private property owners to voluntarily participate in the Oak Woodlands Conservation Program in order to be eligible for grant funds that can be used to implement measures to enhance and promote oak woodlands on private property and promote private land stewardship and conservation. A presentation will be given by representatives from the Butte County Resource Conservation District - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Development Services) PAGE 14 APRIL 24, 2007 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -APRIL 24, 2007 1:30 P.M. 5.04 * Public Hearing - Petition for Tentative Immediate Partial Cancellation of Williamson Act for Pacific Trust Realty Associates and Two Appeals of M & T Chico Ranch Mine (MIN 96-03) - A. Consideration of Tentative Immediate Partial Cancellation of Williamson Act Contract - Pacific Trust Realty Associates requests Tentative Immediate Partial Cancellation of Williamson Act Contract (M & T Incorporated, 1976) on portions of APNs 039-530-023 and 039-530-025 on two sites, one 106.6 acres and one 43.76 acres, adjacent to Little Chico Creek - action requested - BOARD DISCUSSION AND VOTE ON THE BUTTE COUNTY LAND CONSERVATION ACT ADVISORY COMMITTEE RECOMMENDATION OF DENIAL OF THE TENTATIVE IMMEDIATE PARTIAL CANCELLATION. B. BOARD DISCUSSION OF THE VOTE ON THE TENTATIVE IMMEDIATE PARTIAL CANCELLATION OF WILLIAMSON ACT CONTRACT IN RELATION TO THE MINING USE PERMIT (MIN 96- 03) AND DIRECTION TO STAFF AS NECESSARY. C. M & T Chico Ranch Mine (MIN 96-03) - consideration of two appeals of the Planning Commission's certification of the Final Environmental Impact Report (EIR)and approval of the M & T Chico Ranch Mine. The project consists of a long-term gravel mining operation proposal by Baldwin Construction. The mining would take place on 193-acres of a 235-acre site over a 20-30 year period. Reclamation would occur incrementally and would consist of the creation of open-water wetland wildlife habitat and agricultural uses. The aggregate would be processed on a 40-acre area of the site. The project is located on a portion of the Ranch approximately 1.5 miles east of the Sacramento River and approximately 5 miles southwest of Chico. Access to the site would be from River Road, Chico. APNs are 039-530-023 and 039-530-025 (formerly 036-530-019 and 039-530-020) - action requested - STAFF RECOMMENDS A MOTION OF INTENT TO ADOPT THE FOLLOWING: 1. RESOLUTION CERTIFYING THE FINAL EIR, ADOPTING FINDINGS OF FACT AND ADOPTING A MITIGATION MONITORING PLAN. AND 2. RESOLUTION APPROVING THE MINING USE PERMIT WITH CONDITIONS OF APPROVAL, RECLAMATION PLAN AND FINANCIAL ASSURANCE ESTIMATE, AND A STATEMENT OF OVERRIDING CONSIDERATIONS. (Development Services) PAGE 15 APRIL 24, 2007 BUTTE COUNTY BOARD OF SUPERVISORS F) . OO PUBLIC COMMENT AGENDA -APRIL 24, 2007 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 GOVERNMENT CODE SECTION 54956. 9 (a) 1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100) 2. FIRST RESPONDER V. NORCAL EMS, COUNTY OF BUTTE; BUTTE COUNTY SUPERIOR COURT 137303. 7.02 INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (C) - ONE POTENTIAL CASE. 7.03 CONFERENCES WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOV. CODE SEC. 54956.8: PROPERTY: AGENCY NEGOTIATOR: NEGOTIATING PARTY: NEGOTIATIONS: PROPERTY: AGENCY NEGOTIATOR: NEGOTIATING PARTY: NEGOTIATIONS: A.P. NO. 012-041-004 BRUCE ALPERT LESA FRANCO PRICE AND TERMS OF PAYMENT A.P. NO. 017-190-040 MIKE CRUMP, DIRECTOR, PUBLIC WORKS REPRESENTATIVE, JOHN F. GUERRERO TRUST PRICE AND TERMS OF PAYMENT 7.04 PUBLIC EMPLOYEE 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. FARM, HOME, 4-H ADVISORY DIRECTOR 10. FIRE CHIEF 11. HUMAN RESOURCES DIRECTOR 12. INFORMATION SERVICES DIRECTOR 13. LIBRARY DIRECTOR 14. PUBLIC HEALTH DIRECTOR 15. PUBLIC WORKS DIRECTOR 16. WATER AND RESOURCE CONSERVATION DIRECTOR PAGE 16 APRIL 24, 2007 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -APRIL 24, 2007 PAGE 17 APRIL 24, 2007 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 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -APRIL 24, 2007 PAGE 19 APRIL 24, 2007