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HomeMy WebLinkAboutA080508BUTTE COUNTY BOARD OF SUPERVISORS AGENDA AUGUST 5, 2008 :~, ~~e~\~11I I lll~l//i~ ~. ::~` ~.. ~~:.- r-_~ ~~ ~ ~ ;~ . - . County Supervisors ..,~ ~- Bill Connelly, District 1 Jane Dolan, District 2 Maureen Kirk, District 3 Curt Josiassen, District 4 Kim Yamaguchi, District 5 C. Brian Haddix, Chief Administrative Bruce Alpert, County Counsel Officer and Clerk of the Board BUTTE COUNTY BOARD OF SUPERVISORS 9:00 A.M. 1.00 1.01 CALL TO ORDER AGENDA -AUGUST 5 , 2008 Call to Order Administration Oroville. 1.02 1.03 2.00 - 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. 3.00 CONSENT AGENDA BEHAVIORAL HEALTH 3.01 * Butte County Office of Education (BCOE) - After School Programs - approval is requested for a revenue agreement with BCOE for the implementation of the Club Live programs. The term of the agreement is July 1, 2008 through June 30, 2009 with a maximum amount receivable of $36,000 - 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. (Contract No. R41043) 3.02 * MCPP Healthcare Consulting - approval is requested for this sole source agreement with MCPP for the provision of services related to the department's transition to the Avatar Electronic Medical Record system. The term of the agreement is July 1, 2008 to June 30, 2009 with a maximum amount payable of $50,000 (department budget)- action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.03 * Department of Employment and Social Services (DESS) - approval is requested for an agreement with DESS for the provision of social services related to the Connecting Circles of Care program. The term of the agreement is July 1, 2008 through June 30, 2009 with a maximum amount payable of $78,200 (department budget)- action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X17283) PAGE 1 AUGUST 5 , 2008 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -AUGUST 5 , 2008 3.04 * Department of Mental Health (DMH) - amendment - approval is requested for an amendment to the revenue agreement with DMH for services provided to individuals who qualify for Medi-Cal funded outpatient mental health services. The amendment contains revisions in Exhibit B which shows the final allocated amount for Fiscal Year (FY) 2007/2008 as $2,468,532 (department budget) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER; AND ADOPT RELATED RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40886) 3.05 * Department of Employment and Social Services (DESS) - approval is requested for an agreement with DESS for the provision of an Alcohol and Drug Resource Specialist for the Northern California Regional Partnership for Safe and Stable Families (PSSF) grant. The term of the agreement is October 1, 2007 through June 30, 2010 with a maximum amount receivable from DESS in the amount of $222,853 - 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. 3.06 * Northern Valley Catholic Social Services (NVCSS) - amendment - approval is requested for an amendment to the agreement with NVCSS for the provision of mental health services for children at North Community Day School and South Community Day School. The amendment increases the maximum amount payable by $25,476.66 - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X16721) 3.07 * Butte County Behavioral Health Board - action requested - APPOINT NANCY A. BRYANT AS A COMMUNITY MEMBER; APPOINT DAVID CLARK AND BARBARA FOY AS CONSUMER MEMBERS TO TERMS TO END DECEMBER 31, 2011. 3.08 * Resolution Approving the Substance Abuse Crime Prevention Act of 2000 and Offender Treatment Program - consideration of a resolution approving Butte County's Fiscal Year 2008/2009 County Plan - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. PAGE 2 AUGUST 5 , 2008 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -AUGUST 5 , 2008 CHIEF ADMINISTRATIVE OFFICE 3.09 * Cash Advance for Community Development Block Grant (CDBG) Program - authorization is requested for a cash advance of $100,000 from the General Fund. The County of Butte is currently operating several grants through the CDBG program. Funding for each grant is secured with an agreement from the California Department of Housing and Community Development, and Butte County requests funds for each grant as a reimbursement. The cash advance will be replaced once all reimbursements for Fiscal Year 2008/2009 are received - action requested - AUTHORIZE CASH ADVANCE OF $100,000 FOR FISCAL YEAR 2008/2009. 3.10 * Tamara Miller, PE - amendment - approval is requested for an amendment to the agreement with Tamara Miller, PE for the provision of engineering services related to the submittal of a loan application to the State Water Resources Control Board for sewer infrastructure installation in the Greater Chico Urban Area. The amendment increases the maximum amount payable by $50,000 - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.11 * Fiscal Year (FY) 2008 State Homeland Security Grant Program - approval is requested for a resolution authorizing the application for grant funds available through the State Homeland Security Grant Program - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER AND/OR THE EMERGENCY SERVICES OFFICER TO EXECUTE ALL NECESSARY DOCUMENTS RELATED TO THE GRANT. 3.12 * Resolution Recognizing the Continuing Existence of Local Emergency Declarations - approval is requested for a resolution recognizing the continuance of the local emergency declarations for the June 2008 Firestorm (Ophir-Humboldt fires) which began on June 10, 2008, and the June 2008 Butte Lightning Complex which began on June 21, 2008 - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. CHILD SUPPORT SERVICES 3.13 * Resolution Proclaiming August 2008 as Child Support Awareness Month - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. PAGE 3 AUGUST 5 , 2008 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -AUGUST 5 , 2008 CLERK-RECORDER ELECTIONS 3.14 * Request for Consolidation - Biggs Unified School District - the District has submitted Resolution Number 1 ordering a general obligation bond election, establishing specifications of the election order, and requesting consolidation of the election with the statewide General Election to be held November 4, 2008 - action requested - APPROVE CONSOLIDATIONS. 3.15 * Request for Consolidation - El Medio Fire Protection District - the District has submitted Resolution Number 2008-02 and Resolution #R-08-003 requesting consolidation of an election with the statewide General Election to be held November 4, 2008 for the purpose of submitting to qualified voters within the boundaries of the District, the question of the adoption of a special tax for emergency response and fire protection services - action requested - APPROVE CONSOLIDATIONS. 3.16 * Request for Consolidation - Oroville Union High School District - the District has submitted Resolution Number 1-08/09 ordering a school bond election, establishing specifications of the election order, and requesting consolidation of the election with the statewide General Election to be held November 4, 2008 - action requested - APPROVE CONSOLIDATIONS. 3.17 * Certification of Statement of Votes Cast - Pursuant to California Elections Code Section 15372, the Clerk Recorder/Registrar of Voters submits the Certification of Statement of Votes Cast for the Direct Primary Election held on June 3, 2008 - action requested - ACCEPT CERTIFICATION OF STATEMENT OF VOTES CAST. 3.18 * Brown's River Records Preservation - amendment - approval is request for this amendment for the provision historical record restoration and preservation. The amendment extends the term of the agreement through June 30, 2009. 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. X16048) PAGE 4 AUGUST 5 , 2008 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -AUGUST 5 , 2008 3.19 * PFA, Inc - amendment - approval is requested for an amendment to the agreement with PFA, Inc. for the conversion of records on microfilm to digital. The amendment extends the term of the agreement through June 25, 2009. 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. X16618) DEVELOPMENT SERVICES 3.20 * Pacific Municipal Consultants (PMC) - amendment - approval is requested for an amendment to the agreement with PMC for the provision of processing planning applications. The amendment extends the term of the agreement through June 30, 2009. 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. X16227) 3.21 * Restore Positions and Accept Unanticipated Building Fee Revenue - Due to the property damage caused by the recent fires in Butte County, the department is anticipating an increase in building permit activity and a related increase in revenue for Fiscal Year 2008/2009. The department requests the unanticipated revenue fund four of the fifteen budget-necessitated position losses identified at the budget hearings. The four positions are: one Building Inspector position, two Permit Technician positions, and one Code Enforcement Officer position for a total cost of $201,561 - action requested - APPROVE BUDGET TRANSFER (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT IN ORDER TO RESTORE FOUR POSITIONS WITHIN THE DEPARTMENT. 3.22 * City of Chico Adjustment to Smucker Transportation Impact Fee - the department was notified that the City of Chico has agreed to adjust Smucker's transportation Impact Fee to $6,796.20. This adjustment is a result of a recalculation of the trips and transportation impacts after Smucker's expansion/consolidation - action requested - AUTHORIZE DEVELOPMENT SERVICES TO COLLECT THE CHICO URBAN AREA TRANSPORTATION IMPACT FEES BASED ON THE CITY OF CHICO'S ANALYSIS OF THE REDUCED TRAFFIC IMPACT. PAGE 5 AUGUST 5 , 2008 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -AUGUST 5 , 2008 DISTRICT ATTORNEY 3.23 * Harold Thomas - amendment - approval is requested for an amendment to the agreement with Harold Thomas which provides for payment of various expenses associated with his assignment to the District Attorney's Office to prosecute environmental crimes. The California Department of Fish and Game pays Mr. Thomas' salary and benefit costs, and the County pays for mileage, training, and other business related expenses. The proposed amendment extends the term of the agreement to June 30, 2009 and increases the maximum amount payable by $13,254. All other terms and provisions remain the same. The funds for Mr. Thomas' expenses are from monetary settlements of environmental cases - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE BUDGET TRANSFER (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT. (Contract No. X15184) EMPLOYMENT AND SOCIAL SERVICES 3.24 * California Department of Health Care Services (DHCS) - approval is requested for this Medi-Cal Data Privacy and Security agreement with DHCS in order to ensure the privacy and security of Medi-Cal Personally Indentifiable Information (PII). The agreement requires that any access, use, or disclosure of Medi- cal PII be in accordance with state and federal regulations and laws - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL. 3.25 * Northern Valley Catholic Social Service (NVCSS) - approval is requested for an agreement with NVCSS for the provision of group, individual, and family counseling and assessment services. The term of the agreement is July 1, 2008 through June 30, 2009 with a maximum amount payable of $75,000 (department budget)- action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.26 * Counseling Solutions - approval is requested for an agreement with Counseling Solutions for the provision of individual, group, and family counseling services. The term of the agreement is July 1, 2008 through June 30, 2009 with a maximum amount payable of $75,000 (department budget)- action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. PAGE 6 AUGUST 5 , 2008 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -AUGUST 5 , 2008 3.27 * Regents of the University of California - UC Davis - approval is requested for this agreement for the provision of training services needed to successfully meet federal and state welfare reform requirements. The term of the agreement is July 1, 2008 through June 30, 2009 with a maximum amount payable of $29,440 (department budget). The University will provide an in-kind contribution of $4,416 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. FIRE 3.28 * Butte Fire Safe Council - amendment - approval is requested for an amendment to the revenue agreement with the Butte Fire Safe Council for the purpose of hiring Cal Fire Tehama Glenn Conservation Crews for fuel reduction for the Fire Safe Council on approved projects. The amendment extends the term of the agreement through June 30, 2009. 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. R40957) 3.29 * Butte Fire Safe Council - amendment - approval is requested for an amendment to the agreement with Butte Fire Safe Council to implement projects under the Secure Rural Schools and Community Self-Determination Act of 2000(HR 2389). The amendment extends the term of the agreement through June 30, 2009. 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. X16265) 3.30 * Budget Transfer and Fixed Asset Purchase - approval is requested for budget transfers in the amount of $17,000. The funds will be used to purchase two former Butte Unit State Fire Engines on behalf of two volunteer companies in Forest Ranch and Butte Creek Canyon. One engine costs $8, 000 and the other $9, 000 - action requested - APPROVE BUDGET TRANSFER (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT; AND APPROVE FIXED ASSET PURCHASE OF TWO STATE FIRE ENGINES. PAGE 7 AUGUST 5 , 2008 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -AUGUST 5 , 2008 HUMAN RESOURCES 3.31 * SIGMA Data Systems, Inc. - amendment - approval is requested for an amendment to the sole source agreement with SIGMA which provides system software to support the routine applicant tracking and processing operations of recruitment processes. The amendment extends the term of the agreement through March 5, 2009 and increases the maximum amount payable by $4,675. 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. X15169 ) LIBRARY 3.32 * Library Donations - pursuant to Government Code Section 25355, donations of $731.80 from the Oroville Friends of the Library; $135 from an anonymous source; $6,298 from the Chico Friends of the Library; $100 from Jackie Curtis in honor of Richard C. Peters, O.D.; $1,200 from the Paradise Friends of the Library; $100 from Maudie Penney have been received for the purchase of books; $471.60 from the Paradise Friends of the Library has been received for operations - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 3.33 * Butte County Library Board - action requested - APPOINT PAT KOSKINEN TO A TERM TO END DECEMBER 31, 2008. PUBLIC HEALTH 3.34 * Medifax-EDI, LLC - amendment - approval is requested for an amendment to the sole source agreement with Medifax-EDI, LLC for the provision of electronic billing services. The amendment extends the term of the agreement through June 30, 2009 and increases the maximum amount payable by $90,000 (department budget)- action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X11682) TREASURER TAx COLLECTOR 3.35 * Monthly Investment Report - submitted is the Monthly Investment Report dated June 30, 2008, in accordance with the Statement of Investment Policy dated July 1, 2007 - action requested - ACCEPT FOR INFORMATION. PAGE 8 AUGUST 5 , 2008 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -AUGUST 5 , 2008 3.36 * Trust Under the Butte County Employees' Deferred Compensation Plan (Rabbi Trust) - amendment - approval is requested for an amendment to the Rabbi Trust in order to comply with current IRS requirements - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND ACCEPT FOR INFORMATION COPIES OF THE MODEL PLAN DOCUMENTS FOR BUTTE COUNTY'S DEFERRED COMPENSATION PLAN. OTHER DEPARTMENTS AND AGENCIES 3.37 * Biggs Veterans Memorial Hall Committee - action requested - APPOINT THE FOLLOWING VETERANS OF FOREIGN WARS (VFW), POST 3811 TO TERMS TO END JUNE 30, 2009: PHIL HOHMAN, DELEGATE; ERNIST HOHMAN, DELEGATE; NORRIS ANDERSON, DELEGATE; ANTONIO "TONY" AIRESA, DELEGATE; F.A. "MIKE" MCDONALD, DELEGATE; FRANK MATHAUSER, DELEGATE. 3.38 * Chico Veterans Memorial Hall Committee - action requested - APPOINT BILL EDMISTON, DELEGATE, AMERICAN LEGION POST 17; APPOINT JOE TURNER, ALTERNATE, AMERICAN LEGION POST 17; GENE CLEMENTS, DELEGATE, AMERICAN VETERANS (AMVETS), CHICO POST 2813; GARY IMHOFF, ALTERNATE, AMVETS, CHICO POST 2813; HENNIE VAN DE VELDE, DELEGATE, CARING VETERANS INC; RICHARD SNOW, ALTERNATE, CARING VETERANS INC; HANK SNOW, DELEGATE, DISABLED AMERICAN VETERANS (DAV), CHAPTER 125; JAMES WOLSKE, ALTERNATE, DAV, CHAPTER 125; BILL ANDRUS, DELEGATE, VFW, CHICO POST 1555; LARRY WAHL, ALTERNATE, VFW, CHICO POST 1555; SCOTT WILL, DELEGATE, VIETNAM VETERANS OF AMEWRICA (VVA), BUTTE COUNTY CHAPTER 582; AND CARL "BUTCH" C. FREDERICKSON, ALTERNATE, VVA, BUTTE COUNTY CHAPTER 582 TO TERMS TO END JUNE 30, 2009. 3.39 * Gridley Memorial Hall Committee - action requested - APPOINT DAN COLE, DELEGATE, AMERICAN LEGION; JOHN KUCEK, ALTERNATE, AMERICAN LEGION; ARNULFO RUIZ, DELEGATE, VFW; EDWARD KAWASAKI, DELEGATE, CITIZEN VETERAN; FRANK KAWASAKI, DELEGATE, CITIZEN VETERAN; SAM MCKEY, DELEGATE, CITIZEN VETERAN, TO TERMS TO END JUNE 30, 2009. 3.40 * Oroville Memorial Hall Committee - action requested - APPOINT RON SCHARBOR, DELEGATE, AMERICAN LEGION; VENE THOMPSON, ALTERNATE, AMERICAN LEGION; ROBERT SIMPSON, DELEGATE, MILITARY ORDER OF COOTIES; FRANK ODDO, ALTERNATE, MILITARY ORDER OF COOTIES; ROLAND "BUD" STRANG, DELEGATE, VFW POST 1747; DENNIS WOLFS, ALTERNATE, VFW POST 1747; JOHN ARCHIBALD, DELEGATE, CITIZEN VETERAN; JIM BRUCE, DELEGATE, CITIZEN VETERAN; BOB MOREHOUSE, DELEGATE, CITIZEN VETERAN; SAM BEBOUT, ALTERNATE, CITIZEN VETERAN; EMANUEL JOHNSON, ALTERNATE, CITIZEN VETERAN TO TERMS TO END JUNE 30, 2009. PAGE 9 AUGUST 5 , 2008 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -AUGUST 5 , 2008 3.41 * Paradise Memorial Hall Committee - action requested - APPOINT PETER J. FREITAG, DELEGATE, AMERICAN LEGION; HARRY HUDSON, ALTERNATE, AMERICAN LEGION; WALT KOERNER, DELEGATE, CALIFORNIA VETERANS SQUARE DANCE ASSOCIATION; DAVE CURRY, ALTERNATE, CALIFORNIA VETERANS SQUARE DANCE ASSOCIATION; JOSEPH FRANK, DELEGATE, DAV; CARROLL TRADER, ALTERNATE, DAV; RAYMOND S. JOHNSON, DELEGATE, PVC; RICHARD CAMPBELL, DELEGATE, VFW; RAYMOND FLORES, ALTERNATE, VFW, TO TERMS TO END JUNE 30, 2009. 4.00 BOARDS, COMMISSIONS AND COMMITTEES 4.01 * BUDGET, LEGISLATIVE OR COUNTY RELATED UPDATES 4.02 4.03 4.04 PAGE to AUGUST 5 , 2008 REGULAR AGENDA Boards, Commissions and Committees. 1. Appointments to Listed Vacancies. 2. Board Member or Committee Reports. Update on Current Budget and Legislative Issues by the Chief Administrative Officer. Update of General Plan 2030 Process by Director- Development Services. Update Regarding Upcoming Butte County Code Amendments BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -AUGUST 5 , 2008 PRESENTATION AND DISCUSSION ITEMS 4.05 * Introduction of an Ordinance Amending Section 20-133 of Chapter 20 of the Butte County Code - consideration of an ordinance which will amend the Butte County Code to be in alignment with the Fire Safe Regulations adopted by the California Department of Forestry and Fire Protection pursuant to Public Resources Code Section 4290 - action requested - WAIVE THE READING OF THE ORDINANCE. (Public Works) 4.06 * Resolution Regarding Four Appeals of Planning Commission Resolution 08-24 Modifying and Adopting a Revised Order to Comply Regarding an Amended Mining and Reclamation Permit for the New Era Mine - consideration of a resolution documenting the Motion of Intent approved at the June 24, 2008 Board of Supervisors meeting to deny the appeals of Richard Meyers, Lucy Cooke, and the residents of Butte Valley and Paradise and to affirm the validity of Mining and Reclamation Permit No. 81-135 - action requested - STAFF RECOMMENDS THE BOARD ADOPT THE RESOLUTION DENYING THE APPEALS OF RICHARD MEYERS, LUCY COOKS, AND THE RESIDENTS OF BUTTE VALLEY AND PARADISE; GRANT THE APPEAL OF NORTH CONTINENT LAND AND TIMBER; FIND THAT MINING AND RECLAMATION PERMIT 81-135 AND THE SUGGESTED MODEL RECLAMATION PLAN ARE VALID ENTITLEMENTS; AND RESCIND THE PLANNING COMMISSIONS RESOLUTION 08-24 AND THE REVISED ORDER TO COMPLY FOR THE NEW ERA MINE. 4.07 Items Removed from the Consent Agenda for Board Consideration and Action. PAGE 11 AUGUST 5 , 2008 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -AUGUST 5 , 2008 rJ . OO PUBLIC HEARINGS AND TIMED ITEMS 9:50 A.M. 5.01 * Public Hearing - Introduction of an Ordinance Amending Chapter 26 of the Butte County Code - The proposed ordinance amends the Butte County Code to require urban improvements for all new buildings, provides for an in- lieu fee for future improvement in urban areas, and allows for the postponement of improved installation for a period of up to five years. The related resolution establishes Standard Estimating rates for calculation of in-lieu fee or bonding of improvements - action requested - WAIVE THE READING OF THE ORDINANCE; AND CONTINUE CONSIDERATION OF THE RESOLUTION ESTABLISHING ESTIMATING RATES TO COINCIDE WITH THE ADOPTION OF THE ORDINANCE. (Public Works) 10:45 A.M. 5.02 * Public Hearing - Itemized Cost of Nuisance Abatement for property located at 1920 B Street, Oroville, APN 035-073-020. This property was abated April 9-14, 2008 - action requested - APPROVE THE PLACEMENT OF A LIEN ON THE PROPERTY IN THE AMOUNT OF $4,835.66; AND ORDER THE AMOUNT DUE BE PLACED UPON THE COUNTY TAX ROLL AS A SPECIAL ASSESSMENT TO BE COLLECTED AT THE SAME TIME AND IN THE SAME MANNER AS PROPERTY TAXES ARE COLLECTED. (Development Services) 10:50 A.M. 5.03 * Public Hearing - Itemized Cost of Nuisance Abatement for property located at 41 Meeting Place, Palermo, APN 027-340-013. This property was abated April 14-16, 2008 - action requested - APPROVE THE PLACEMENT OF A LIEN ON THE PROPERTY IN THE AMOUNT OF $5,238.65; AND ORDER THE AMOUNT DUE BE PLACED UPON THE COUNTY TAX ROLL AS A SPECIAL ASSESSMENT TO BE COLLECTED AT THE SAME TIME AND IN THE SAME MANNER AS PROPERTY TAXES ARE COLLECTED. (Development Services) PAGE 12 AUGUST 5 , 2008 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -AUGUST 5 , 2008 10:55 A.M. 5.04 * Public Hearing - Itemized Cost of Nuisance Abatement for property located at 1232 French Avenue, Gridley, APN 021-132-061. This property was abated April 16, 2008 - action requested - APPROVE THE PLACEMENT OF A LIEN ON THE PROPERTY IN THE AMOUNT OF $2,591.88; AND ORDER THE AMOUNT DUE BE PLACED UPON THE COUNTY TAX ROLL AS A SPECIAL ASSESSMENT TO BE COLLECTED AT THE SAME TIME AND IN THE SAME MANNER AS PROPERTY TAXES ARE COLLECTED. (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. PAGE 13 AUGUST 5 , 2008 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -AUGUST 5 , 2008 7.00 CLOSED SESSION 7.01 ACTUAL LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9(a) THREE CASES 1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100); 2. POE INTERVENTION (FERC PROJECT 2107); 3. BUTTE COUNTY V. NATIONAL INDIAN GAMING COMMISSION (NIGC); CASE NO. 08-519 USDC - DISTRICT OF COLUMBIA. 7.02 INITIATION OF LITIGATION PURSUANT TO GOV. CODE Sec. 54956.9(c) - ONE POTENTIAL CASE. 7.03 PUBLIC EMPLOYEE EMPLOYMENT, PERFORMANCE EVALUATIONS, INCLUDING: GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957: 1. AGRICULTURAL COMMISSIONER 2. BEHAVIORAL HEALTH DIRECTOR 3. CHIEF ADMINISTRATIVE OFFICER 4. CHIEF PROBATION OFFICER 5. CHILD SUPPORT SERVICES DIRECTOR 6. COUNTY COUNSEL 7. DEVELOPMENT SERVICES DIRECTOR 8. EMPLOYMENT AND SOCIAL SERVICES DIRECTOR 9. HUMAN RESOURCES DIRECTOR/INTERIM DIRECTOR 10. INFORMATION SERVICES DIRECTOR 11. LIBRARY DIRECTOR 12. PUBLIC HEALTH DIRECTOR 13. PUBLIC WORKS DIRECTOR 14. WATER AND RESOURCE CONSERVATION DIRECTOR. PAGE 14 AUGUST 5 , 2008 Information and Procedures Concerning the Agenda and Conduct of the Board of Supervisors Meetings Meeting Information: Meetings are generally held the second and fourth Tuesday of each month. Meetings start at 9:00 a.m. and are held in the Board of Supervisors Chambers, County Administration Building, 25 County Center Drive, Oroville. At the end of each year the Board adopts a meeting schedule for the upcoming year. Meeting dates can be changed as a result of holidays or other events so please check the meeting calendar to be certain. Copies of the adopted meeting calendar for the year are available in the County 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 ofthe 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 requestthe 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 thatwill 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