HomeMy WebLinkAboutA050807BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA
MAY 8, 2007
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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
Paul McIntosh, Chief Administrative
Officer and Clerk of the Board
9:00 A. M. 1.00 CALL TO ORDER
Bruce Alpert, County Counsel
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -MAY 8, 2007
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.
2.00 CORRECTIONS AND~OR CHANGES TO THE AGENDA.
3.00 CONSENT AGENDA
BEHAVIORAL
HEALTH 3.01 * Resolution Recognizing May 2007 as Mental Health
Month - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN.
3.02 * Youth for Change - approval is requested for an
agreement with Youth for Change for the provision of
services associated with the Mental Health Services
Act Link program. Services will include acquisition
and operation of a Multi-Service Center for youth ages
14-24 who are experiencing mental health issues related
to homelessness and a 6-Bed Shelter for homeless youths
ages 14-17. Youth for Change's Proposal was chosen
based on program content and price. The term of the
agreement is March 1, 2007 through June 30, 2007, with
a maximum payable of $390,973 (department budget) -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER.
3.03 * Modesto Residential Living Center, LLC - amendment -
approval is requested for an amendment to the agreement
with Modesto Residential Living Center, LLC, a
residential board and care home facility for
Behavioral Health clients. The term of the agreement
is December 11, 2006 through June 30, 2007. The
amendment increases the maximum payable to $26,875
(department budget) - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Contract No. X16344)
3.04 * Robert D. Barram, Ph.D. - amendment - approval is
requested for an amendment to the agreement with Robert
PAGE 1 MAY 8, 2007
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MAY 8, 2007
D. Barram, Ph.D. He provides medical services in the
field of psychology for minor clients of Behavioral
Health. The term of the agreement is August 1, 2006
through June 30, 2007. The amendment increases the
maximum payable to $30,406.20 (department budget) -
action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No.
X16154)
3.05 * Housing Authority of The County of Butte - amendment -
approval is requested for an amendment to the agreement
with the Housing Authority for the provision of housing
assistance to consumers participating in the Adult
System of Care. Additional funding in the amount of
$30,000 through the Mental Health Services Act will be
used to support housing services for homeless/mentally
ill South County clients. The long term goal is for
consumers to maintain permanent housing as
independently as possible. The Department of
Behavioral Health will reimburse the Housing Authority
$50 per unit for basic housing quality inspections
which will verify housing is safe and sanitary. The
term of the agreement is July 1, 2006 through June 30,
2007, with a maximum payable of $90,000 (department
budget) - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract
No. 16133)
BOARD OF
SUPERVISORS 3.06 * Code Enforcement Advisory Committee - Supervisor
Connelly submits a recommendation for the vacant
position for District One - action requested - APPOINT
T. C. DENNIS AS DISTRICT ONE CODE ENFORCEMENT ADVISORY
COMMITTEE BOARD MEMBER.
CHIEF
ADMINISTRATIVE
PAGE 2 MAY 8, 2007
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -MAY 8, 2007
OFFICE 3.07 * Budget Transfers and Fixed Asset Purchase - a special
project was funded in the Fiscal Year 2006/2007 Adopted
Budget to upgrade the communications and data
infrastructure in the Emergency Operations Center. The
$100,000 in expenditures for the project was budgeted
in the Communications budget, but a $100,000 transfer
from General Fund was not completed. This item
provides the funding necessary to implement the
upgrades. Approval is also requested for the fixed
asset purchase of wireless access switching equipment
in the amount of $14,000 - action requested - APPROVE
TWO BUDGET TRANSFERS (4/5 vote required) ACCEPTING AND
APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT;
AND APPROVE FIXED ASSET PURCHASE OF WIRELESS ACCESS
SWITCHING EQUIPMENT.
3.08 * Retirement of Toccoy Dudley, Director of Water and
Resource Conservation - Toccoy Dudley has announced his
intention to retire effective June 30, 2007. He will
be on vacation effective June 1, 2007 through his
retirement date. Mr. Dudley has been invaluable to
Butte County and his tenure has been productive. The
Chief Administrative Officer (CAO) has begun
recruitment for a new department director, but it is
anticipated that the new director will not be able to
join the agency until August at the earliest.
Therefore, it is recommended that the CAO act as the
interim Director of Water and Resource Conservation -
action requested - ACKNOWLEDGE THE RETIREMENT OF TOCCOY
DUDLEY AS DIRECTOR OF WATER AND RESOURCE CONSERVATION
EFFECTIVE JUNE 30, 2007; APPOINT CAO AS INTERIM
DIRECTOR EFFECTIVE JUNE 1, 2007; AND AUTHORIZE THE CAO
TO APPOINT DESIGNEES WITH THE DEPARTMENT AS
APPROPRIATE.
CLERK-
RECORDER
ELECTIONS 3.09 * Authorization for Payment of Unauthorized Purchases -
approval is requested for authorization of payment of
a Field Purchase Order (FPO) totaling $8,155.43 payable
to Hewlett-Packard. The County Elections Office
purchased 7 computers and 9 computer monitors from
Hewlett-Packard exceeding the department FPO limit of
$2,500. These purchases circumvent the County's
Purchasing authority and requires Board approval of
unauthorized purchases - action requested - AUTHORIZE
PAYMENT OF FPO TOTALING $8,155.43.
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SERVICES 3.10 * Budget Transfer - on July 25, 2006, the Board
authorized an amendment to a third party EIR agreement
PAGE 3
MAY 8, 2007
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -MAY 8, 2007
for West Coast Environmental and Engineering
(consultant) and Meridian Aggregates (applicant)
increasing the amount of the consultant's agreement by
$23,221.20 which was funded by a check from the
applicant. The funds were erroneously made part of the
General Fund at the close of the Fiscal Year 2005/2006
instead of being designated for the intended purpose.
The budget transfer is requested to correct the error -
action requested - APPROVE BUDGET TRANSFER (4/5 vote
required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED
IN THE AGENDA REPORT.
DISTRICT
D mmnDUS~ v
GENERAL
C4D[1T !'~4 C
HUMAN
Qsenrrors~e
3.11 * Butte County Abandoned Vehicle Abatement Service
Authority Report - the department submits the "Service
Authority Report on the Effectiveness of the Joint
Powers Authority" for Fiscal Year (FY) 2003/2004
through FY 2005/2006 in accordance with the by-laws of
the Abandoned Vehicle Abatement Joint Powers
Authority - action requested - ACCEPT FOR INFORMATION.
3.12 * Budget Transfer and Fixed Asset Purchase - approval is
requested for the purchase of modular furniture for
$5,303.27 (department budget) - action requested -
APPROVE BUDGET TRANSFER ACCEPTING AND APPROPRIATING
FUNDS AS DETAILED IN THE AGENDA REPORT AND APPROVE
FIXED ASSET PURCHASE OF MODULAR FURNITURE.
3.13 * Budget Transfer - approval is requested for a transfer
of $25,000 to provide appropriation for a contract with
William S. Curry to assist the department with the
completion of a number of pending projects including
the preparation for a presentation on the first solar
project and on-going litigation - action requested -
APPROVE BUDGET TRANSFER ACCEPTING AND APPROPRIATING
FUNDS AS DETAILED IN THE AGENDA REPORT.
3.14 * Resolution to Amend the Salary Ordinance - the
department has prepared a resolution which will amend
PAGE 4
MAY 8, 2007
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -MAY 8, 2007
the salary ordinance as follows: TREASURER-TAX
COLLECTOR - deletes one position of Account Clerk,
Senior and adds one flexibly staffed position of
Account Clerk, Account Clerk, Senior, Accounting
Specialist. SHERIFF - adds one sunset position of
Deputy Sheriff to start May 1, 2007 and end April 30,
2009. This position will be funded by the Department
of Justice. The Sheriff also requests to delete two
flexibly staffed positions of Information Systems
Technician, Information Systems Technician, Associate
and add two flexibly staffed positions of Information
Systems Technician, Information Systems Technician,
Senior, Information Systems Analyst, Associate - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN.
FIRE
DEPARTMENT 3.15 * California Department of Forestry and Fire Protection
(CDF) - approval is requested for a contract with CDF
for the provision of fire protection for the
unincorporated area of Butte County. The term of the
agreement is July 1, 2006 through June 30, 2007 with a
maximum amount payable of $13,242,006 - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. (Contract No. X11590)
PROBATION 3.16 * Butte County Department of Behavioral Health - approval
is requested for a Memorandum of Understanding with the
Butte County Department of Behavioral Health for the
provision of funding certain expenses for Live Spot,
Oroville's Youth Center. The funding will cover
salaries of Live Spot staff, site visits with minors,
and monthly off-site events. The term of the agreement
is July 1, 2006 through June 30, 2007, with a maximum
amount payable to the Behavioral Health Department of
$9,500 (department budget) - 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 DEPARTMENT FUNDS AS
DETAILED IN THE AGENDA REPORT.
3.17 * Butte County Department of Behavioral Health -
amendment - approval is requested for a Memorandum of
PAGE 5
MAY 8, 2007
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MAY 8, 2007
Understanding with the Butte County Department of
Behavioral Health for the provision of Juvenile Justice
Coordinating Council funding for Live Spot, Oroville's
Youth Center. The term of the agreement is July 1,
2005 through June 30, 2007, with a maximum amount
payable to the Behavioral Health Department of $50,000.
This is an increase of $25,000 (department budget) -
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
DEPARTMENT FUNDS AS DETAILED IN THE AGENDA REPORT.
(Contract No. X159958)
PUBLIC
HEALTH 3.18 * Budget Transfer and Fixed Asset Purchase - approval is
requested for the purchase of modular furniture for two
Public Health programs as follows: $30,000 to replace
furniture in the California Childrens Services offices
in Chico and $45,000 to provide furnishings for the
Senior Health Improvement Program at the new building
at 82 Table Mountain Blvd, Oroville (department
budget) - action requested - APPROVE BUDGET TRANSFER
ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE
AGENDA REPORT; AND APPROVE FIXED PURCHASES OF MODULAR
FURNITURE.
3.19 * Waiver of Fees - approval is requested to waive
approximately $700 in Environmental Health Fees. GEI
Consultants will be performing a number of soil borings
in the Feather River Levee, located within Maintenance
Area 7 of Butte County. The exploratory geotechnical
drilling program will assess the stability of the levee
that provides protection for agriculture in Butte
County and Yuba City - action requested - FIND THAT THE
PROJECT IS IN THE PUBLIC INTEREST AND APPROVE A WAIVER
OF ENVIRONMENTAL HEALTH FEES.
PUBLIC
PAGE 6 MAY 8, 2007
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MAY 8, 2007
woxxs 3.20 * Budget Transfer and Fixed Asset Purchases - approval is
requested to purchase a heavy-duty equipment transport
trailer and a 4x4 tractor loader/backhoe for use in
maintaining the levees within County Service Area 25,
known as the Shasta Union Drainage Area. The two
purchases total $110,000. In prior years, the County
equipment was rented by CSA 25 for levee maintenance,
but the rental equipment is not always readily
available during times of need. Flood fighting and
maintenance activities within CSA 25 require immediate
access to machinery that can operate within the narrow
ditches and levees. The new equipment would also be
rented out by Public Works for use in other CSAs or for
road operations, thereby producing some rental income
for CSA 25. There are sufficient funds available for
these purchases in the fund - action requested -
APPROVE BUDGET TRANSFER ACCEPTING AND APPROPRIATING
FUNDS AS DETAILED IN THE AGENDA REPORT; AND APPROVED
FIXED ASSET PURCHASES OF TRANSPORT TRAILER AND 4X4
LOADER/BACKHOE.
3.21 * Resolution Declaring Intention to Lease Property and
Sell Aggregate - consideration of a Resolution of
Intent to lease the Almond Avenue Pit which is located
adjacent to and south of Almond Avenue, identified as
APNs 025-130-047, 025-130-048, and 025-130-035. The
County also intends to sell the aggregate on site for
a minimum of $.40 per ton of material. Bids will be
opened at a public meeting of the Board of Supervisors
on June 26, 2007 at 10:00 A.M. In accordance with
California Government Code Section 25539, the
acceptance of any bid shall be subject to approval by
the Board of Supervisors. Acceptance or rejection of
all bids shall be made during the August 14, 2007 Board
of Supervisors meeting - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
3.22 * Contract Change Order No. 2 for Phase 2, Final Closure
of Modules 1 and 3 at the Neal Road Sanitary Landfill -
County Project No. 757-5857 - approval is requested for
Contract Change Order No. 2 with Wood Bros, Inc. The
change order provides funding for the following: 1)
additional drainage facilities; 2) Extra Work performed
during the drilling of the Landfill Gas Extraction
Wells and Vadoze Zone Wells; 3) increase in Contract
Items at Contract Unit Prices; and 4) decrease in
Contract Items at Contract Unit Prices. This contract
change order results in a $24,802.74 decrease to the
contract - action requested - APPROVE CONTRACT CHANGE
ORDER NO. 2 AND AUTHORIZE CHAIR TO SIGN.
3.23 * Notice of Completion for Phase 2, Final Closure of
PAGE 7 MAY 8, 2007
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MAY 8, 2007
Modules 1 and 3 at the Neal Road Sanitary Landfill -
County Project No. 757-5857 - Wood Bros., Inc. has
completed all of the contract work for Phase 2 which
consisted of constructing a landfill closure cap and
installing landfill gas components pursuant to
California Code of Regulation Title 27 - action
requested - ACCEPT CONTRACT WORK; AUTHORIZE THE CHAIR
TO SIGN THE NOTICE OF COMPLETION; AND AUTHORIZE THE
RECORDING OF THE NOTICE OF COMPLETION.
3.24 * Letter of Support for Senate Bill (SB) 286 - approval
is requested for a letter addressed to State Senator
Sam Aanestad supporting SB 286. In November 2006, the
voters of California passed Proposition 1B which will
provide funding for transportation projects statewide.
The main points of SB 286 promote timely and efficient
use of Proposition 1B funds - action requested -
AUTHORIZE CHAIR TO SIGN LETTER OF SUPPORT FOR SENATE
BILL 286.
3.25 * Budget Transfer - approval is requested for an
additional appropriation of $45,102.20 for the purchase
of a striping truck. On December 12, 2006, the Board
approved the fixed asset purchase of a striping truck
and the appropriation of $395,000 for the purchase
based on estimates from Spring 2006. After all bids
were received, the lowest bid came from Easy Liner at
a total purchase price of $440,102.20, therefore
requiring the additional appropriation - action
requested - APPROVE BUDGET TRANSFER (4/5 vote required)
ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE
AGENDA REPORT.
SHERIFF-
CORONER 3.26 * Resolution Recognizing May 15, 2007 as Peace Officers'
Memorial Day and the Week of May 13-19, 2007 as Police
Week - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN; AND DIRECT ALL COUNTY
GOVERNMENT FLAGS TO BE FLOWN AT HALF-STAFF ON MAY 15,
2007.
3.27 * Budget Transfer - Extradition Account - approval is
PAGE 8 MAY 8, 2007
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -MAY 8, 2007
requested for a transfer of $40,000 to the extradition
account maintained by the Sheriff's Office. Through
legislation, the State of California intended to
reimburse counties for the cost of extradition of
defendants with active warrants. The State has
consistently under-funded the reimbursement account
causing counties to be obligated for expenses longer
than anticipated or budgeted. The Department of
Corrections continues to reimburse prior year expenses
with current year funding. This budget transfer is
requested to continue operations now and into the near
future. The State owes Butte County a total of $55,000
to the Extradition Account and another $5,000 to the
revolving account, but reimbursement is not anticipated
prior to the State's adoption of their Fiscal Year
2007/2008 budget in October 2007 - action requested -
APPROVE BUDGET TRANSFER (4/5 vote required) ACCEPTING
AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA
REPORT .
3.28 * Budget Transfer and Fixed Asset Purchases - approval is
requested for the purchase of a dish machine and heater
booster for the Butte County Jail. The jail division
currently leases a dish machine for $250 per month with
an agreement to purchase a minimum of $300 in
chemicals. The Sheriff's office has determined it is
more cost effective to purchase a dish machine and
sign a contract for supplies that includes maintenance
services. The existing heater is old and no longer
heats water to the required temperature. The
Sheriff's Office intends to go to bid for the fixed
asset purchases and to find a supplier for chemicals
and service. The estimated costs are $12,335 for the
dish machine and $7,400 for the heater booster
(department budget) - action requested - APPROVE BUDGET
TRANSFER ACCEPTING AND APPROPRIATING FUNDS AS DETAILED
IN THE AGENDA REPORT; AND APPROVE FIXED ASSET PURCHASES
OF DISH MACHINE AND HEATER BOOSTER.
TREASURER-
TAX COLLECTOR 3.29 * Annual Statement of Investment Policy - approval is
requested, pursuant to Government Code Sections 27133
and 53601, for the Annual Statement of Investment
Policy which sets forth policies regarding the
investment of surplus funds and funds under the
custodianship of the Treasurer. The policy has been
reviewed by the Butte County Treasury Oversight
Committee and will become effective July 1, 2007 -
action requested - APPROVE ANNUAL STATEMENT OF
INVESTMENT POLICY.
3.30 * Monthly Investment Report - submitted is the Monthly
PAGE 9 MAY 8, 2007
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MAY 8, 2007
Investment Report dated March 30, 2007 in accordance
with the Butte County Statement of Investment Policy
dated July 1, 2006 - action requested - ACCEPT FOR
INFORMATION.
3.31 * Introduction of An Ordinance Amending Butte County Code
Section 2-166 Delegating Investment Authority to the
Butte County Treasurer-Tax Collector - pursuant to
Government Code Section 53607, approval is requested
for an ordinance which will delegate investment
authority to the Treasurer-Tax Collector for Fiscal
Year 2007/2008. This ordinance will replace No. 3935
which expires June 30, 2007 - action requested - WAIVE
READING OF THE ORDINANCE.
3.32 * Budget Transfer - approval is requested for a budget
transfer of $4,500 to cover the cost of replacing
computer server that provides title companies access to
the Megabyte Property Tax System. The existing server
is more than five years old and must be replaced as
soon as possible - action requested - APPROVE BUDGET
TRANSFER (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED FUNDS AS DETAILED IN THE
AGENDA REPORT.
3.33 * Budget Transfer - approval is requested for a budget
transfer of $21,500 to cover the costs associated with
an office reconfiguration project. The goal of the
project is to better utilize office space and to
improve the ergonomic design of several work stations.
Additional workstation parts will need to be purchased
and an outside contractor hired to reconfigure the work
areas - action requested - APPROVE BUDGET TRANSFER (4/5
vote required) ACCEPTING AND APPROPRIATING
UNANTICIPATED FUNDS AS DETAILED IN THE AGENDA REPORT.
TnTT. mT.+~ TTTTI
RESOURCE
CONSERVATION 3.34 * Recommendation for Appointment to the Butte County
Water Advisory Committee (WAC) - the department submits
a recommendation for the City of Chico at-large
representative to the WAC - action requested - APPOINT
ANN SCHWAB TO A TERM TO END JANUARY 11, 2009.
PAGE to MAY 8, 2007
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -MAY 8, 2007
3.35 * Kennedy/Jenks Consultants, Engineers and Scientists -
amendment - approval is requested for an amendment to
the contract with Kennedy/Jenks Consultants for the
creation and implementation of the Basin Management
Objective Information Center (BMOIC) The
implementation of the BMOIC as defined in the original
Scope of Work has been completed, but there is
additional funding left from the grant. The department
plans to utilize the remaining funds to expand the
BMOIC to enhance internal capabilities and encompass
available corresponding data from Glenn and Tehama
Counties. The term of the agreement amendment is from
May 15, 2007 through March 1, 2008, with a maximum
payable of $29,000 - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X15837)
OTHER
DEPARTMENTS
AND AGENCIES 3.36 * Resolution Recognizing May 7, 2007 National Children' s
Mental Health Awareness Day in Butte County - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN.
4.00 REGULAR AGENDA
BOARDS,
COMMISSIONS AND
COMMITTEES 4 . 01 * Boards, Commissions and Committees .
1. Appointments to Listed Vacancies.
2. Board Member Appointments to Local Agency
Formation Commission (LAFCo) - action requested -
APPOINT TWO REGULAR MEMBERS AND ONE ALTERNATE
MEMBER TO LAFCo TO FOUR-YEAR TERMS ENDING MAY
2011.
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 ll MAY 8, 2007
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MAY 8, 2007
PRESENTATION
AND DISCUSSION
ITEMS
4.04 * Sacramento Valley Integrated Regional Water Management
Plan (Sac Valley IRWMP) - consideration of a resolution
that supports the IRWMP. The County submitted a
consolidated application with the Joint Exercise of
Power to receive funding under Proposition 50 in June
2006. Under the guidelines of the grant, the County
must support the IRWMP to be eligible to accept the
funding. After a motion to support the IRWMP failed on
November 21, 2006, the Board of Supervisors voted
unanimously to refer the discussion back to the Water
Commission. Subsequently, the approval for funding the
application at $12.5 million has been obtained from the
funding agencies with $2.9 million designated for Butte
County projects. At their April 3, 2007 meeting, the
Water Commission voted unanimously to recommend the
Board of Supervisors support the IRWMP - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN; AND DIRECT STAFF TO PARTICIPATE IN THE
PROPOSITION 50 GRANT AWARD.
4.05 * Butte County Children and Families Commission -
presentation of the Fiscal Year 2005/2006 Annual
Report - action requested - ACCEPT FOR INFORMATION.
4.06 * Project Report Regarding the Substance Abuse Mental
Health Services Administration (SAMHSA) and Connecting
Circles of Care (CCOC) - presentation regarding the
SAMHSA CCOC grant which is designed to create and
expand services for Severally Emotionally Disturbed
Children - action requested - ACCEPT FOR INFORMATION.
PAGE 12 MAY 8, 2007
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MAY 8, 2007
4.07 * Discussion Regarding Right to Farm Ordinance - During
recent discussions on Program 2.2 of the Agricultural
Element of the Butte County General Plan, the Board
requested County Counsel review the Right to Farm
Ordinance contained in Chapter 35 of the Butte County
Code and bring back a stronger ordinance for Board
consideration. County Counsel reviewed 17 similar
ordinances enacted in numerous California counties with
significant agricultural production and policies of
protection of agricultural lands. The current Chapter
35, Protection of Agricultural Land ordinance was
originally adopted in July 1981 and is very limited in
scope and protection for agricultural lands, therefore
County Counsel has drafted an entirely new Chapter 35 -
action requested - RECEIVE COMMENTS FROM THE PUBLIC;
PROVIDE DIRECTION TO COUNTY COUNSEL ON THE NEWLY
PROPOSED ORDINANCE; AND DIRECT COUNTY COUNSEL TO
RETURN TO BOARD FOR ADOPTION OF FINAL ORDINANCE.
4.08 Items Removed from the Consent Agenda for Board
Consideration and Action.
4.09 Recess as the Butte County Board of Supervisors and
Convene as the Butte County In-Home Supportive Services
Public Authority Board
PAGE 13
MAY 8, 2007
BUTTE COUNTY BOARD OF SUPERVISORS
1.00
2.00
3.00
3.01
AGENDA -MAY 8, 2007
BUTTE COUNTY IN-HOME SUPPORTIVE SERVICES
PUBLIC AUTHORITY BOARD
AGENDA
MAY 8 , 2007
Call to Order - Butte County Board of Supervisors Room,
25 County Center Drive, Oroville.
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 is prohibited from taking action on any
item not listed on the agenda.
CLOSED SESSION
CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOV. CODE
SECTION 54957.6:
AGENCY NEGOTIATOR:
EMPLOYEE ORGANIZATION:
JEANNE GRAVETTE
CUHW
Adjournment
Adjourn as the Butte County In-Home Supportive Services
Public Authority Board and Reconvene as the Butte
County Board of Supervisors.
PAGE 14
MAY 8, 2007
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MAY 8, 2007
rJ . OO PUBLIC HEARINGS AND TIMED ITEMS
10:00 A.M. 5.01 * Timed Item - Stewardship Council Programs - the Land
Conservation Manager and the Youth Investment Manager
for the Stewardship Council will make a presentation
regarding some of the opportunities available through
the Stewardship Council and how they may benefit Butte
County. The Council is a private non-profit
organization. One of its primary goals is to ensure
that over 140,000 acres of watershed lands throughout
California are conserved for a broad range of
beneficial public values - action requested - ACCEPT
FOR INFORMATION. (Water and Resource Conservation)
10:20 A.M. 5.02 * Public Hearing - consideration of an Ordinance Amending
Article VII of Chapter 3 of the Butte County Code
Adjusting Specific Gate Fees at the Neal Road Sanitary
Landfill - Neal Road Landfill gate fees fund landfill
operations and associated programs. In recent years,
staff and solid waste committee developed an approach
to review program expenses annually and adjust gate
fees accordingly in order to minimize increase to
landfill customers. A $2.00 gate fee increase is
requested for Fiscal Year 2007/2008 -action
requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO
SIGN. (Public Works)
PAGE 15 MAY 8, 2007
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MAY 8, 2007
10:25 A.M. 5.03 * Public Hearing - consideration of an Ordinance Amending
Chapter 31, entitled "Solid Waste Collection,
Management and Recycling," of the Butte County Code by
adding Definitions Thereto, Increasing the Waste
Diversion Goal and Requiring Solid Waste Collector
Licensees to Offer Curbside Collection of Recyclable
Materials in Identified Recycling Zones -Butte County,
in conjunction with the Town of Paradise and the Cities
of Biggs and Gridley, make up the Butte Regional Waste
Management Authority (Authority). The Authority was
formed in part to simplify reporting of AB939
compliance to the California Integrated Waste
Management Board (CIWMB) As reported previously, the
Authority has not achieved the diversion goals mandated
by the state and submitted a Time Extension Request and
Plan of Correction (SB1066) that detailed additional
diversion programs to be implemented in the Authority' s
area. Public Works has evaluated diversion program
options that would be consistent with those proposed to
the CIWMB in the Authority's Plan of Correction. Staff
has proposed an ordinance amendment to Chapter 31
establishing provisions that licensed solid waste
collectors offer curbside recycling programs in urban
unincorporated areas identified as Recycling Zones.
The proposed amendment also increases the diversion
requirement criteria for licensees seeking annual
licence renewal from 20 to 30 percent - action
requested - WAIVE READING OF THE ORDINANCE. (Public
Works)
10:30 A.M. 5.04 * Public Hearing - Tentative Subdivision Map (TSM) 05-08
(Richard Ball) - consideration of an appeal of a
Planning Commission approval of an application for a
TSM to divide a 4.25-acre parcel into 17 residential
lots ranging in size from 6,500 to 9,909 square feet,
and a detention pond. All lots will be serviced by
public sewer and water. The property is located on the
west side of 18th Street, Oroville, approximately 750
feet north of Grand Avenue in the Thermalito Area.
Access to the proposed subdivision will be from 18th
Street - action requested - ADOPT RESOLUTION DENYING
THE APPEAL, ADOPTING THE MITIGATED NEGATIVE DECLARATION
WITH FINDINGS, AND APPROVING THE TSM WITH CONDITIONS.
(Development Services)
PAGE 16 MAY 8, 2007
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MAY 8, 2007
1:30 P.M. 5.05 * Butte County General Plan 2030 - Existing Conditions
and Issue Identification - Board of Supervisors Study
Session to review and build upon all of the information
that has been received from the General Plan 2030
Public Workshop held on March 15, 2007, the Citizens
Advisory Committee held on December 7, 2006, and the
Planning Commission Study Session held on April 13,
2007. This is the fourth meeting in the first Workshop
Series - action requested - RECEIVE AND CONSIDER ALL
INFORMATION, INCLUDE ANY ADDITIONAL ISSUES AS
APPROPRIATE, AND PROVIDE DIRECTION TO STAFF FOR THE
UPCOMING MEETING SERIES. (Development Services)
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 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: A.P. NO. 012-041-004
AGENCY NEGOTIATOR: BRUCE ALPERT
NEGOTIATING PARTY: LESA FRANCO
NEGOTIATIONS: PRICE AND TERMS OF PAYMENT
7.04 PUBLIC EMPLOYEE EMPLOYMENT, PERFORMANCE EVALUATIONS,
INCLUDING: GOALS, PURSUANT TO GOVERNMENT CODE SECTION
PAGE 17 MAY 8, 2007
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MAY 8, 2007
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 18 MAY 8, 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 ifthere 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 of the agenda identifies those items that will be discussed during the closed
session.
Public Participation: It is the policy of the Board of Supervisors, and a requirement of the California Open Meetings Law, to allow
members of the public the opportunity to comment on all matters before the Board. Public participation is
limited to matters within the subject matter jurisdiction of the Board pursuant to Government Code Section
54954.3. The Board has adopted policy and procedures to facilitate the meeting process and conduct. A
complete listing of these policies and procedures can be found in the printed booklet agenda, obtained at the
County Administrative Office, or viewed at the Clerk of the Board website.
The Board of Supervisors is also committed to making its proceedings accessible to all citizens. Individuals
with special needs should call the Clerk of the Board at 530-538-7631, Monday through Friday, 8:00 a.m. to
5:00 p.m. to request disability-related modifications/accommodations or to request materials in alternate
formats. All requests for special accommodations and/or alternative format documents must be made 48 hours
prior to the meeting.
For further information contact the: Clerk of the Board of Supervisors
County Administrative Office
25 County Center Drive, Oroville, CA 95965
530-538-7631
www.buttecounty.net/cob