HomeMy WebLinkAboutA052306BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA
MAY 23, 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:~~ A.M. 1.~~
1.01
1.02
1.03
2.00
CALL TO ORDER
Call to Order
Administration
Oroville.
AGENDA -MAY 23, 2006
- Board of Supervisors Room, County
Building, 25 County Center Drive,
Pledge of Allegiance to the Flag of the United States
of America.
Observation of a Moment of Silence.
CORRECTIONS AND~OR CHANGES TO THE AGENDA.
3 . ~ ~ CONSENT AGENDA
AGRICULTURAL
COMMISSIONER 3.01 * United States Department of Agriculture, Animal and
Plant Health Inspection Service, wildlife Services -
approval is requested for a cooperative agreement with
the United States Department of Agriculture, Animal and
Plant Health Inspection Service, wildlife Services, for
the provision of non-domestic animal control services
for wild animals, including rabies control. The term
of the agreement is July 1, 2006, through
June 30, 2007, with a maximum amount payable of $46,545
(department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract
No. X14933)
ASSESSOR 3.02 * Increase Fixed Asset Purchase Authority - approval is
requested to increase the fixed asset purchase
authority for a vehicle for the department by $3,000
(to a total of $15,000). Funding for the increase is
available within the department's budget, and Board
approval is also requested to transfer funds between
budget line items to provide the appropriation needed
for the purchase - action requested - APPROVE INCREASE
TO FIXED ASSET PURCHASE AUTHORITY FOR A VEHICLE TO
$15,000; AND APPROVE A BUDGET TRANSFER ALLOCATING FUNDS
AS DETAILED IN THE AGENDA REPORT.
BEHAVIORAL
HEALTH 3.03 * Linda Huffmon - Amendment - approval is requested for
an amendment to the agreement with Linda Huffmon for
the provision of consulting services related to program
and procedural planning and grant planning and
preparation. The amendment increases the maximum
amount payable by $20,250 (department 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. (Contract No. X15669)
PAGE 1 MAY 23, 2006
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MAY 23, 2006
3.04 * State of California, Department of Alcohol and Drug
Programs - approval is requested for a grant award
agreement with the State of California, Department of
Alcohol and Drug Programs, for funds to support the
Drug Court Program. The term of the agreement is
December 29, 2005, through December 28, 2006, with a
maximum amount payable to the County of $70,296
($35,148 per fiscal year) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
3.05 * Youth Leadership Institute - approval is requested for
a sole source agreement with Youth Leadership Institute
for the continued development and implementation of a
comprehensive evaluation process for determining the
effectiveness of youth programs funded by state grants.
The term of the agreement is July 1, 2005, through
June 30, 2006, with a maximum amount payable of $30,000
(department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
3.06 * Yolo Community Care Continuum - Amendment - approval is
requested for an amendment to the agreement with Yolo
Community Care Continuum for the provision of long-term
residential treatment services. The amendment reduces
the maximum amount payable by $20,007.36 for fiscal
year 2005-2006, and revises the agreement's exhibits to
reflect the change. 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.X15758)
3.07 * Superior Court of California, County of Butte -
approval is requested for a revenue agreement with the
Superior Court of California, County of Butte, for
funds to provide residential treatment services and
substance abuse testing for clients involved in the
County's Prop 36 Treatment Court. The term of the
agreement is July 1, 2005, through June 30, 2006, with
a maximum amount payable to the County of $44,000.
Board approval is also requested to accept and
appropriate the revenue - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE
A BUDGET TRANSFER (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE
AGENDA REPORT. (Contract No. R40859)
PAGE 2 MAY 23, 2006
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -MAY 23, 2006
3.08 * Accept Unanticipated Revenue - approval is requested to
accept and appropriate $5,300 of miscellaneous revenue
generated through fees paid for the REACH for the
Future Conferences, $562 of miscellaneous revenue
received from the Center for Applied Research and
Solutions for the department's participation in a
methamphetamine conference, and $5,845 in unexpended
fiscal year 2004-2005 Substance Abuse Prevention and
Treatment funds - action requested - APPROVE A BUDGET
TRANSFER (4 /5 vote required) ACCEPTING AND
APPROPRIATING REVENUE AS DETAILED IN THE AGENDA REPORT.
CHIEF
ADMINISTRATIVE
OFFICE 3.09 * New and Amended Joint Exercise of Powers Agreement for
the Chico Urban Area Joint Powers Financing Authority -
approval is requested for a new and amended Joint
Exercise of Powers Agreement with the Chico
Redevelopment Agency for the Chico Urban Area Joint
Powers Financing Authority. The Joint Powers Authority
(JPA) was formed to facilitate the financing of the
construction and installation of public sewer
facilities and improvements in the Chico Urban Area to
comply with the Chico Urban Area Nitrate Compliance
Plan. The proposed amended agreement revises Section F
to provide broader language which will allow the JPA to
apply for any necessary funds contemplated by the JPA -
action requested - APPROVE NEW AND AMENDED AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN.
CLERK-
RECORDER 3.10 * Fixed Asset Purchase - approval is requested for the
fixed asset purchase of a closed circuit television
security system for the department's office and
warehouse facilities in the amount of $22,732. Funding
for the purchase is available within the department's
budget - action requested - APPROVE FIXED ASSET
PURCHASE OF SECURITY SYSTEM.
COUNTY
COUNSEL 3.11 * Pillsbury, Winthrop, Shaw & Pittman, LLP - approval is
requested for a representation agreement and
substitution of counsel with Pillsbury, Winthrop, Shaw
& Pittman, LLP, to represent Butte County water and
Resource Conservation in the litigation over its
contract with the California Department of water
Resources covering the California State water Project.
The firm will represent Kern County Water Agency,
Alameda County water District, Alameda County Flood
Control and Water Conservation District Zone 7, City of
Yuba City, County of Butte, County of Kings, Dudley
Ridge water District, Empire west Side Irrigation
District, Napa County Flood Control and water
Conservation District, Oak Flat water District, Plumas
County Flood Control and Water Conservation District,
Santa Clara Valley water District, Solano County water
Agency and Tulare Lake Basin water Storage District as
joint clients - action requested - APPROVE SUBSTITUTION
OF COUNSEL AND REPRESENTATION AGREEMENT AND AUTHORIZE
COUNTY COUNSEL TO SIGN.
PAGE 3 MAY 23, 2006
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -MAY 23, 2006
DEVELOPMENT
SERVICES 3.12 * Request to Ratify Purchases - approval is requested to
ratify purchases totaling $8,351.73. The department
purchased three specialized computer systems utilizing
a Field Purchase Order instead of the required Purchase
Requisition. Pursuant to the Butte County Purchasing
Policy Manual, Board approval is now required to
authorize payment of the Field Purchase Order - action
requested - RATIFY PURCHASE AND AUTHORIZE PAYMENT OF
FIELD PURCHASE ORDER.
3.13 * Conveyance of Development Rights and Open Area
Easement - Charles Pfister - approval is requested for
a conveyance of development rights and open area
easement pursuant to an approved lot line adjustment
(Condition #7). The condition requires a restriction
on the property which prohibits additional dwellings
and nonagricultural buildings from being located on the
parcel - action requested - APPROVE CONVEYANCE OF
DEVELOPMENT RIGHTS AND OPEN AREA EASEMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL.
3.14 * Vehicle Purchases - approval is requested for the fixed
asset purchase of five (5) vehicles for the Building
Division in the estimated amount of $125,000 ($25,000
per vehicle). The current division vehicles are high
mileage vehicles in need of replacement. Funding for
the purchases is available within the department's
current appropriations and Board approval is also
requested to transfer funds between budget line items
to provid the appropriation needed for the purchases -
action requested - APPROVE FIXED ASSET PURCHASE OF FIVE
(5) VEHICLES; AND APPROVE A BUDGET TRANSFER (4/5 vote
required) APPROPRIATING FUNDS AS DETAILED IN THE AGENDA
REPORT.
DISTRICT
ATTORNEY 3.15 * Accept Unanticipated Revenue - approval is requested to
accept and appropriate unanticipated revenue in the
estimated amount of $2,000. The funds will be
generated by the sale of tickets to the Identity Theft
and Fraud Symposium held May 16, 17, and 18, at the
Gold Country Casino - action requested - APPROVE A
BUDGET TRANSFER (4 /5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE
AGENDA REPORT.
3.16 * Vehicle Purchase - approval is requested for the fixed
asset purchase of a vehicle for the Special Prosecution
of Economic Crime Unit in the estimated amount of
$25,118. Funding for the vehicle is available using
Local Indian Gaming Benefit Grant funds, and Board
approval is also requested to transfer funds to provide
the appropriation needed for the purchase - action
requested - APPROVE FIXED ASSET PURCHASE OF LAW
ENFORCEMENT VEHICLE; AND APPROVE A BUDGET TRANSFER
APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT.
PAGE 4 MAY 23, 2006
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -MAY 23, 2006
FIRE
DEPARTMENT 3.17 * Introduction of an Ordinance Regarding Fireworks, Fire
Prevention and Protection Amending Section 1-7, Article
XVI of Chapter 3, Chapter 38, and Chapter 38A of the
Butte County Code - approval is requested for an
ordinance which will add areas north of Chico and
around the community of Palermo to the weed abatement
ordinance, and revise Chapters 38 and 38A regarding
violations and penalties, definitions, duties of
owners/occupants, firebreak requirements, notice and
orders, liability, enforcement, judicial review,
warnings of noncompliance, collection of administrative
penalties, and criminal violations and penalties -
action requested - WAIVE READING OF THE ORDINANCE.
3.18 * Exhaust Systems for Fire Department Apparatus Bays -
approval is requested to transfer $250,000 from the
General Fund Appropriation for Contingencies to provide
the funding needed for the installation of exhaust
systems for the apparatus bays in the County's career
fire stations. Exhaust from the engines and other
vehicles is hazardous, and none of the County stations
have a system in place to address the air quality
issues. Board approval is also requested for the fixed
asset purchase of the exhaust system equipment in the
estimated amount of $250,000 - action requested -
APPROVE A BUDGET TRANSFER (4/5 vote required)
ACCEPTING AND APPROPRIATING $250,000 FROM THE GENERAL
FUND APPROPRIATION FOR CONTINGENCIES AS DETAILED IN THE
AGENDA REPORT; AND APPROVE FIXED ASSET PURCHASE OF
EXHAUST SYSTEMS.
GENERAL
SERVICES 3.19 * Ray Morgan Company - approval is requested to award a
lease agreement to Ray Morgan Company for the lease of
a high-speed digital laser printer for the Print Shop.
The term of the agreement is July 1, 2006, through
June 30, 2011, with an estimated annual cost (based on
prior use) of $16,505.40 (department budget). The
agreement is the result of a Request For Proposals -
action requested - AWARD LEASE AGREEMENT TO RAY MORGAN
COMPANY AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
3.20 * Transfer for Property Fencing - approval is requested
to transfer $7,500 from the General Fund Appropriation
for Contingencies to provide the funding needed to
purchase materials to construct a fence around County-
owned property adjacent to Railroad Avenue in the
Palermo area . The property has been used as an illegal
dump site and by motorcyclists and other motorized
vehicles. To prevent further access to the property it
will be fenced and leased as pasture land. The tenant
will provide the labor needed to install the fencing -
action requested - APPROVE A BUDGET TRANSFER (4 /5 vote
required) ACCEPTING AND APPROPRIATING $7,500 FROM THE
GENERAL FUND APPROPRIATION FOR CONTINGENCIES AS
DETAILED IN THE AGENDA REPORT.
PAGE 5 MAY 23, 2006
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MAY 23, 2006
HUMAN
RESOURCES 3.21 * Resolution to Amend the Salary Ordinance - the
department has prepared a resolution which will amend
the salary ordinance as follows: DISTRICT ATTORNEY-
CRIMINAL - extends the position end dates of 1 sunset
position of Deputy District Attorney IV/III/II/I, and
2 sunset positions of Investigator II/I, from
June 30, 2006, to June 30, 2007. AGRICULTURAL -
extends the position end date of 1 sunset position of
Agricultural Biologist/weights & Measures Inspector I
from June 30, 2006, to June 30, 2007. PUBLIC HEALTH-
GENERAL SERVICES - adds 1 position of Program Manager,
Community Services. LIBRARY-LITERACY GRANT - converts
1 sunset position of Library Assistant, Senior/Library
Assistant, and a 3/4 time sunset position of Library
Assistant to permanent positions. Deletes a % time
position of Library Assistant, Senior/Library
Assistant. SALARY PLAN FOR CLASSIFIED POSITIONS,
REFERENCE N, SALARY SCHEDULE FOR DSA BARGAINING UNIT
CLASSIFICATIONS - adds the new salary schedule,
effective December 31, 2005, which reflects the
additional to salary increase agreed to in
negotiations. SALARY PLAN FOR CLASSIFIED POSITIONS,
REFERENCE D, LAW ENFORCEMENT (DSA) - GENERAL UNIT
CLASSIFICATIONS - deletes the current salary table and
replaces it with an updated table which reflects the
additional to salary increase agreed to in
negotiations. SALARY PLAN FOR CLASSIFIED POSITIONS,
REFERENCE E, LAW ENFORCEMENT (DSA) - MANAGEMENT AND
SUPERVISORY UNIT CLASSIFICATIONS - deletes the current
salary table and replaces it with an updated table
which reflects the additional to salary increase agreed
to in negotiations. SALARY PLAN FOR CLASSIFIED
POSITIONS, REFERENCE J, CLASSIFICATIONS WITH FLAT RATE
ASSIGNMENTS - sets the flat rate for the position of
Election Clerk (Class Code 1155) at $75.00 per day, and
the flat rate for the position of Election Inspector
(Class Code 1157) at $115.00 per day. Both positions
receive an additional $20 per class for attending
required training - action requested - ADOPT RESOLUTION
AND AUTHORIZE THE CHAIR TO SIGN.
3.22 * Advanced Step Hire - pursuant to Personnel Rule
11.5(b), the Sheriff's Office is requesting the Board
approve the Advanced Step Hire of a Deputy Sheriff to
Step 6 of the salary range, retroactive to his date of
hire of April 11, 2006, based on training and
experience. The Director-Human Resources concurs with
the request for the Advanced Step Hire - action
requested - APPROVE ADVANCED STEP HIRE OF A DEPUTY
SHERIFF TO STEP 6 OF THE SALARY RANGE, RETROACTIVE TO
APRIL 11, 2006.
PAGE 6
MAY 23, 2006
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MAY 23, 2006
LIBRARY 3.23 * Library Donations - pursuant to Government Code Section
25355, a donation of $786.80 from the Oroville Friends
of the Library, $503 from Morris L. McFarland of
Oroville, $325 from the Chico Friends of the Library,
and $300 from Mary J. Markland and Family of Fargo,
North Dakota, have been received for the Butte County
Trust Fund for the purchase of books, and a donation of
$2,152.64 from the Gridley Friends of the Library has
been received for staff support hours - action
requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF
APPRECIATION.
PUBLIC
HEALTH 3.24 * Physical and Occupational Therapists - Amendments -
approval is requested for amendments to the agreements
with various physical and occupational therapists who
provide services to the clients of the California
Children's Services Program. The following amendments
extend the term of each agreement to
September 30, 2006, and increase the maximum amounts
payable as follows: Connie Brattan (Contract No.
X15584) increased by $15,288; Bonnie Calhoon (Contract
No. X15486) increased by $14,448; Diane willow Dejesus
(Contract No. X15487) increased by $6,048; Meg Palmer
(Contract No. X15489) increased by $5,040; Denise
Sanford (Contract No. X15483) increased by $7,056;
Monica Schwartz (Contract No. X15485) increased by
$24,024; Patrick Slupski (Contract No. X15482)
increased by $16,330; Mary Sweeney (Contract No.
X15490) increased by $15,102; and Teresa wood-Hansen
(Contract No. X15484) increased by $16,128. Funding
for the increases is available through currently
budgeted appropriations. All other terms and
provisions remain the same - action requested - APPROVE
AGREEMENT AMENDMENTS (9) AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
3.25 * Medifax-EDI, LLC - Amendment - approval is requested
for an amendment to the agreement with Medifax-EDI,
LLC, for the provision of electronic billing services.
The amendment extends the term of the agreement through
June 30, 2007, and increases the maximum amount payable
by $90,000 (department budget) for the extended term.
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.X11682)
3.26 * Donation for Animal Control - pursuant to Government
Code Section 25355, a donation of $300 from the Butte
County Kennel Club has been received to pay for
heartworm treatment for a rescued dog. The dog will be
suitable for adoption once treatment is complete -
action requested - ACCEPT DONATION AND AUTHORIZE A
LETTER OF APPRECIATION.
PAGE 7 MAY 23, 2006
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MAY 23, 2006
3.27 * State of California, Department of Health Services -
Amendment - approval is requested for an amendment to
the grant agreement with the State of California,
Department of Health Services, for funds to support the
TeenSMART Outreach Program. The amendment extends the
term of the grant through June 30, 2008, and increases
the award amount by $180,000 ($90,000 per fiscal year).
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.
R40712)
PUBLIC
woRxs 3.28 Adoption 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 in the Gridley area of the County of
Butte as follows: 1. Higgins Avenue (County Road No.
04385-B) from Myers Avenue to Larkin Road; 2. Nielson
Avenue (County Road No. 07375-K) from State Highway 99
to end; 3. O'Brien Avenue (County Road No. 07375-J)
from the west end to Larkin Road; and 4. Wright Avenue
(County Road No. 07375-L) from State Highway 99 to
end - action requested - ADOPT ORDINANCE AND AUTHORIZE
THE CHAIR TO SIGN. (FROM 4-11-06 [3.22])
3.29 * Transfer for Gridley Pool Maintenance - approval is
requested to transfer $87,555 from the Gridley Pool
Designations Fund to Facilities Services to provide the
appropriation needed to fund Americans with
Disabilities Act compliance work and maintenance and
repairs for the Gridley Pool - action requested -
APPROVE A BUDGET TRANSFER (4 /5 vote required) ACCEPTING
AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA
REPORT.
3.30 * Resolution Appropriating Monies to County Service
Area #17, Zone 2 (South Oroville-Las Plumas Park
Lighting and Alley Maintenance) from the County Service
Area Revolving Loan Fund - approval is requested for a
loan in the amount of $3,000 from the County Service
Area (CSA) Revolving Loan Fund to County Service
Area #17, Zone 2 (South Oroville-Las Plumas Park
Lighting and Alley Maintenance). The loan will fund
initial alley maintenance services and will be paid
back through annual property assessment service charges
from parcel owners with the CSA - action requested -
ADOPT RESOLUTION APPROVING LOAN AND AUTHORIZE THE CHAIR
TO SIGN; AND APPROVE A BUDGET TRANSFER (4 /5 vote
required) ACCEPTING AND APPROPRIATING LOAN REVENUE AS
DETAILED IN THE AGENDA REPORT.
PAGE 8 MAY 23, 2006
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MAY 23, 2006
3.31 * Accept Loan for Closure of Modules 1 and 3 at the Neal
Road Sanitary Landfill - approval is requested to
accept and appropriate no-interest loan funds in the
amount of $500,000 from the California Integrated waste
Management Board. The funds will be used for the
permanent closure of Modules 1 and 3 at the Neal Road
Sanitary Landfill - action requested - APPROVE A BUDGET
TRANSFER (4 /5 vote required) ACCEPTING AND ALLOCATING
LOAN FUNDS AS DETAILED IN THE AGENDA REPORT.
3.32 * Ophir Road and Lincoln Boulevard Traffic Signal and
Intersection Improvements, County Project No. 21461-98-
2 - the project consists of the construction of an
eight phase, traffic actuated signal system, roadway
widening by placing asphalt concrete over aggregate
base, extension of the concrete box culvert and 36-inch
corrugated steel pipe structures, construction of left
and right turn pockets, and overlay and striping of the
entire roadway. The engineer's estimate for the
project is $960,000, and funding will be provided
through a combination of Federal Congestion Mitigation
and Air Quality grant funds and 2003-2004 Indian Gaming
Special Distribution Funds - action requested - APPROVE
PLANS AND SPECIFICATIONS; AUTHORIZE THE DIRECTOR OF
PUBLIC WORKS TO ADVERTISE FOR BIDS; AND AUTHORIZE THE
CHAIR AND DIRECTOR OF PUBLIC WORKS TO SIGN PLANS.
3.33 * Resolution Authorizing the Submittal of the Local
Government Household Hazardous waste Grant
Application - approval is requested for a resolution
approving a regional application to the California
Integrated waste Management Board for a coordination
grant under the Local Government Household Hazardous
waste Grant Program in the amount of $7,000. The funds
will be used to bring area stakeholders and members of
the public together to discuss the most cost-efficient
methods of collecting and processing universal waste
materials - action requested - ADOPT RESOLUTION
APPROVING GRANT APPLICATION AND AUTHORIZE THE CHAIR TO
SIGN; AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS, OR
HIS DESIGNEE, TO EXECUTE ALL DOCUMENTS NECESSARY FOR
THE PURPOSES OF SECURING THE GRANT FUNDS AND CARRYING
OUT THE PURPOSES SPECIFIED IN THE GRANT APPLICATION.
3.34 * California Forest Highway 171-1(1), Skyway Road, Butte
County, Project Agreement - approval is requested for
a project agreement with the USDA Forest Service,
Lassen National Forest, Federal Highway Administration
Central Federal Lands Highway Division, and the Butte
County Association of Governments which will establish
the roles, responsibilities and schedule for the
proposed Forest Highway 171 (Skyway) project between
Inskip and Butte Meadows - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO
SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL.
PAGE 9 MAY 23, 2006
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MAY 23, 2006
3.35 * Resolution Authorizing the Submittal of the Butte
County Regional Used Oil Block Grant Recycling Program
Grant Applications - approval is requested for a
resolution approving regional grant applications to the
California Integrated waste Management Board for funds
under the next three cycles of Used Oil Block Grants.
The funds will be used to continue and expand used oil
education programs. Current fiscal year funding is
estimated at $42,000 - action requested - ADOPT
RESOLUTION APPROVING GRANT APPLICATION AND AUTHORIZE
THE CHAIR TO SIGN; AND AUTHORIZE THE DIRECTOR OF PUBLIC
WORKS, OR HIS DESIGNEE, TO EXECUTE ALL DOCUMENTS
NECESSARY FOR THE PURPOSES OF SECURING THE GRANT FUNDS
AND CARRYING OUT THE PURPOSES SPECIFIED IN THE GRANT
APPLICATIONS.
3.36 * Electronic Recycling and Reuse Program - submitted is
a summary of the electronic recycling and reuse program
funded by a grant from the California Integrated waste
Management Board - action requested - ACCEPT FOR
INFORMATION.
SHERIFF'S
OFFICE 3.37 * State of California, Department of Parks and
Recreation - Off-Highway Motor Vehicle Recreation Grant
Funding and Project Agreement - approval is requested
to accept grant funds in the amount of $12, 600 from the
State of California, Department of Parks and
Recreation. The funds will be used for law enforcement
services in the Jonesville Snowpark/Butte Meadows areas
during the winter months. The grant requires a 250
match which is met by County-funded positions
administering and monitoring the grant, and search and
rescue costs - action requested - ACCEPT GRANT FUNDS;
APPROVE PROJECT AGREEMENT AND AUTHORIZE THE CHAIR AND
THE SHERIFF-CORONER TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE REVENUE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
3.38 * United States Department of Justice, Drug Enforcement
Administration - approval is requested for a grant
agreement with the United States Department of Justice,
Drug Enforcement Administration, for funds to support
the investigation and eradication of illegal
cultivation of marijuana. The term of the agreement is
January 1, 2006, through December 31, 2006, with a
maximum amount payable to the County of $34,693 -
action requested - ACCEPT GRANT FUNDS; APPROVE GRANT
AGREEMENT AND AUTHORIZE THE SHERIFF TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER;
AND AUTHORIZE THE SHERIFF TO EXECUTE ALL DOCUMENTS
NECESSARY FOR THE PURPOSES OF SECURING THE GRANT FUNDS
AND CARRYING OUT THE PURPOSES SPECIFIED IN THE GRANT.
PAGE to MAY 23, 2006
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -MAY 23, 2006
3.39 * State of California, Department of water Resources -
approval is requested for a grant agreement with the
State of California, Department of water Resources, for
funds to support boat and vehicle patrol services for
the Thermalito Afterbay. The term of the agreement is
July 1, 2006, through June 30, 2009, with a maximum
amount payable to the County of $663, 000 for the multi-
year term - action requested - APPROVE GRANT AGREEMENT
AND AUTHORIZE THE SHERIFF TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND
AUTHORIZE THE SHERIFF TO EXECUTE ALL DOCUMENTS
NECESSARY FOR THE PURPOSES OF SECURING THE GRANT FUNDS
AND CARRYING OUT THE PURPOSES SPECIFIED IN THE GRANT.
3.40 * State of California, Department of Boating and
waterways - approval is requested for a grant agreement
with the State of California, Department of Boating and
waterways, for funds to perform boating safety and
enforcement activities. The term of the agreement is
July 1, 2006, through June 30, 2007, with a maximum
amount payable to the County of $148,069 - action
requested - ADOPT RESOLUTION IN SUPPORT OF THE BOATING
SAFETY AND ENFORCEMENT AID PROGRAM FOR FISCAL YEAR
2006-2007 AND AUTHORIZE THE CHAIR TO SIGN; APPROVE
AGREEMENT AND AUTHORIZE THE SHERIFF TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER;
AUTHORIZE THE SHERIFF TO EXECUTE ALL DOCUMENTS
NECESSARY FOR THE PURPOSES OF SECURING THE GRANT FUNDS
AND CARRYING OUT THE PURPOSES SPECIFIED IN THE GRANT;
AND AUTHORIZE PERRY RENIFF, JAMES CALLAS, JERRY SMITH
AND SUSAN TIFFANY AS SHERIFF' S OFFICE DESIGNEES FOR THE
GRANT, AND DAVE HOUSER, THOMAS F. LIMPER, VEDA MULSER
AND BRETT MILLER AS AUDITOR'S OFFICE DESIGNEES FOR THE
GRANT.
TREASURER-
TAx COLLECTOR 3.41 Adoption 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 53600 et seq., approval is
requested for an ordinance which will delegate
investment authority to the Treasurer-Tax Collector for
fiscal year 2006-2007 - action requested - ADOPT
ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM
5-9-06 [3.32] )
3.42 * Monthly Investment Report - submitted is the Monthly
Investment Report dated April 28, 2006, in accordance
with the Butte County Statement of Investment Policy
dated July 1, 2005 - action requested - ACCEPT FOR
INFORMATION.
PAGE ll MAY 23, 2006
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -MAY 23, 2006
3.43 * 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, 2006 -
action requested - APPROVE ANNUAL STATEMENT OF
INVESTMENT POLICY.
3.44 * Immedia - Amendment - approval is requested for an
amendment to the agreement with Immedia, a division of
Columbia Ultimate Business Systems, Inc., for the
provision of a customer letter and collections software
system for the Central Collections Division. The
amendment extends the term of the agreement through
June 30, 2007, and increases the maximum amount payable
by $20,000 (department budget) for the extended term.
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. X10088)
3.45 * Columbia Ultimate Business Systems, Inc. - Amendment -
approval is requested for an amendment to the agreement
with Columbia Ultimate Business Systems, Inc., for
software licensing, service and support. The amendment
extends the term of the agreement through
June 30, 2007, and increases the maximum amount payable
by $13,814 (department budget) for the extended term.
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.
WATER AND
RESOURCE
CONSERVATION 3.46 * Resolution in Support of a Consolidated Application
with the Northern California Joint Exercise of Power
for an Integrated Regional water Management
Implementation Grant Under Proposition 50, the Water
Security, Clean Drinking water, and Coastal and Beach
Protection Act of 2002, and Authorizing Staff to
Participate in the Development of the Northern
California Joint Exercise of Power Integrated Regional
water Management Plan - approval is requested for a
resolution making a Step II consolidated application
with the Northern California Joint Exercise of Power
for funding under Proposition 50, the Water Security,
Clean Drinking water, and Coastal and Beach Protection
Act of 2002. Participation in the joint application
provides the possibility of funding for projects
previously identified by the County's Integrated
Regional water Management Plan - action requested -
ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
PAGE 12 MAY 23, 2006
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -MAY 23, 2006
OTHER
DEPARTMENTS
AND AGENCIES 3.47 Tri-County Economic Development District Board and
Small Business Development Advisory Committee - action
requested - APPOINT SUPERVISOR HOUX, BUTTE COUNTY
GOVERNMENTAL REPRESENTATIVE, AND MIKE TRAVIS,
ALTERNATE, TO A TERM TO END JUNE 30, 2008.
3.48 * Butte County Law Library Annual Report - pursuant to
California Business and Professions Code Section 6349,
submitted is the Butte County Public Law Library
2004-2005 Annual Report - action requested - ACCEPT FOR
INFORMATION.
4 . ~ ~ 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 Recognition of Awards given by the Exchange Club of
Paradise for Butte County Probation Officer of the
Year, Butte County Juvenile Hall Counselor of the Year,
and Butte County Correctional Officer of the Year -
action requested - ACCEPT FOR INFORMATION. (EXCHANGE
CLUB OF PARADISE, SHERIFF-CORONER AND CHIEF PROBATION
OFFICER)
4.04 * Code Enforcement Advisory Committee - the Code
Enforcement Advisory Committee is requesting the Board
consider authorizing the addition of a Code Enforcement
Officer position to the Development Services
Department - action requested - ACCEPT FOR INFORMATION.
(CODE ENFORCEMENT ADVISORY COMMITTEE)
PAGE 13 MAY 23, 2006
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -MAY 23, 2006
4.05 * Proposed Grading Regulation Revisions - pursuant to
Board direction, submitted are recommendations for
revisions to Chapter 13, Grading and Mining, of the
Butte County Code - action requested - PROVIDE COMMENTS
TO STAFF; AND DIRECT STAFF TO PREPARE AND RETURN TO THE
BOARD FOR REVIEW AND CONSIDERATION AN ORDINANCE
REVISING THE COUNTY GRADING REGULATIONS AS PROPOSED,
CALIFORNIA ENVIRONMENTAL QUALITY ACT DOCUMENTATION
NECESSARY TO IMPLEMENT THE REVISED GRADING REGULATION;
A SALARY ORDINANCE AMENDMENT THAT IMPLEMENTS THE
DEPARTMENT OF DEVELOPMENT SERVICES STAFFING NEEDS TO
SUPPORT THE REVISED GRADING REGULATIONS; AND AN
ORDINANCE AMENDING THE BUILDING PERMIT FEES (PLAN CHECK
AND INSPECTION) NECESSARY TO FUND IMPLEMENTATION OF THE
REVISED GRADING REGULATIONS. (PUBLIC WORKS)
4.06 * Resolution of Intention to Establish the Butte County
Permanent Road Division - consideration of a resolution
of intention to establish a Countywide Permanent Road
Divisions with individual zones of benefit, and
consideration of several options for a policy regarding
acceptance of roads into the County Maintained Mileage
System - action requested - ADOPT RESOLUTION OF
INTENTION AND AUTHORIZE THE CHAIR TO SIGN; DIRECT A
PUBLIC HEARING BE SET FOR TUESDAY, JUNE 27, 2006, AT
10:30 A.M.; AND ACCEPT FOR INFORMATION PROPOSED DRAFT
POLICIES FOR ACCEPTANCE OF ROADS INTO THE COUNTY
MAINTAINED MILEAGE SYSTEM AND PROVIDE STAFF DIRECTION
AS NEEDED. (PUBLIC WORKS)
4.07 Items Removed from the Consent Agenda for Board
Consideration and Action.
PAGE 14
MAY 23, 2006
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MAY 23, 2006
S.O ~ PUBLIC HEARINGS AND TIMED ITEMS
10:30 A.M. 5.01 * Public Hearing - Palm Crest Village Subdivision -
Establishment of Services Charges in Proposed County
Service Area - on March 28, 2006, the Board adopted
Resolution 06-049, authorizing application to the Local
Agency Formation Commission for formation of a County
Service Area to provide storm drainage maintenance and
street lighting services to the Palm Crest Village
Subdivision and setting a protest hearing and ballot
proceeding. To comply with the notification
requirements of Proposition 218, the hearing will need
to be continued to June 27, 2006 - action requested -
OPEN HEARING AND CONTINUE OPEN TO JUNE 27, 2006, AT
10:25 A.M.
10:35 A.M. 5.02 * Public Hearing - Robert Castleberry - Legal Lot
Determination/Conditional Certificate of Compliance
Appeal - consideration of an appeal of conditions of
approval of a Legal Lot Determination/Certificate of
Compliance for a parcel created in 1979 by deed. The
property is located on a private access easement,
approximately 700 feet northeast of Oro-Garden Ranch
Road, Oroville, and identified as APN 079-030-072 -
action requested - STAFF RECOMMENDS THE BOARD TAKE THE
FOLLOWING ACTION:
1. BASED ON
REPORT DA
CONDITION
CONDITION
CONDITION
[5.03] )
THE
TED P
#2,
#5,
#8,
FINDINGS DETAILED IN THE STAFF
ZAY 23, 2006, DENY THE APPEAL OF
CONDITION #3, CONDITION #4,
CONDITION #6, CONDITION #7, AND
FOR DET 05-07. (FROM 4-25-06
PAGE 15
MAY 23, 2006
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MAY 23, 2006
1:30 P.M. 5.03 * Timed Item - Butte County General Plan/Zoning Ordinance
Update Process - consideration and direction regarding
a draft Request For Proposal, working Draft Framework
of Guiding Principles, and formation of a General Plan
Steering Committee - action requested - STAFF
RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS:
1. DIRECT THE DEPARTMENT OF DEVELOPMENT SERVICES TO
RELEASE A REQUEST FOR PROPOSALS (RFP), AS
AMENDED, FOR THE SELECTION OF A CONSULTING
FIRM(S) TO PERFORM A COMPREHENSIVE GENERAL
PLAN/ZONING ORDINANCE UPDATE AND ENVIRONMENTAL
IMPACT REPORT;
2. ADOPT A RESOLUTION APPROVING THE CREATION OF THE
BUTTE COUNTY GENERAL PLAN STEERING COMMITTEE AND
AUTHORIZE THE CHAIR TO SIGN; AND APPROVE
APPLICATION FORM;
3. CREATE A TWO-MEMBER SUBCOMMITTEE OF THE BOARD TO
ASSIST THE DEPARTMENT THROUGHOUT THE GENERAL
PLAN/ZONING ORDINANCE UPDATE PROCESS; AND
4. REVIEW THE WORKING DRAFT FRAMEWORK OF GUIDING
PRINCIPLES AND PROVIDE INPUT TO STAFF AS NEEDED.
6 . ~ ~ 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.
PAGE 16
MAY 23, 2006
BUTTE COUNTY BOARD OF SUPERVISORS
7 . ~ ~ CLOSED SESSION
AGENDA -MAY 23, 2006
7.01 PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS, INCLUDING
GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957:
1. AGRICULTURAL COMMISSIONER
2. DIRECTOR-BEHAVIORAL HEALTH
3. CHIEF ADMINISTRATIVE OFFICER
4. CHIEF PROBATION OFFICER
5. COUNTY COUNSEL
6. DIRECTOR-CHILD SUPPORT SERVICES
7. DIRECTOR-DEVELOPMENT SERVICES
8. DIRECTOR-EMPLOYMENT AND SOCIAL SERVICES
9. DIRECTOR-HUMAN RESOURCES
10. DIRECTOR-INFORMATION SYSTEMS
11. DIRECTOR-LIBRARIES
12. DIRECTOR-PUBLIC HEALTH
13. DIRECTOR-PUBLIC WORKS
14. DIRECTOR-WATER AND RESOURCE CONSERVATION.
7.02 CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT
EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(b)(1) ONE POTENTIAL CASES.
7.03 CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a):
1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100)
2. LIGHTNER V. BUTTE COUNTY
(BUTTE COUNTY SUPERIOR COURT CASE NO. 136070)
3. FOGARTY V. CITY OF CHICO, COUNTY OF BUTTE ET AL.
(USDC 2:06-CV-01007-WBS-GGH)
4. FIRST RESPONDER V. NOR CAL EMS AND BUTTE COUNTY.
PAGE 17
MAY 23, 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