HomeMy WebLinkAboutA081908.finalBUTTE COUNTY BOARD OF SUPERVISORS
AGENDA
AUGUST 19, 2008
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County Supervisors
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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 19, 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
AUDITOR-
CONTROLLER 3.01 * Resolutions (2) Confirming Proposition 4 Appropriation
Limit Calculations for the County of Butte and all
special districts under the control of the Board of
Supervisors for Fiscal Year 2008/2009 - action
requested - ADOPT RESOLUTIONS AND AUTHORIZE THE CHAIR
TO SIGN.
3.02 * County Service Area Service Charges - In order to levy
service charges in various county service areas, it is
necessary to accomplish several prerequisite steps -
action requested - DIRECT THAT A REPORT OF SERVICE
CHARGES BE PREPARED IN ACCORDANCE WITH GOVERNMENT CODE
SECTION 25210.77(a) AND FILED WITH THE CLERK OF THE
BOARD; DIRECT PUBLIC HEARING TO BE SET FOR SEPTEMBER
23, 2008 AT 9:50 a.m.; AND DIRECT PUBLIC NOTICE OF
HEARING BE GIVEN IN ACCORDANCE WITH GOVERNMENT CODE
SECTION 6066.
3.03 * Adoption of Tax Rates - consideration of a resolution
to adopt various ad valorem tax rates for Fiscal Year
2008/2009 as required by State law - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN.
3.04 * Fiscal Year 2008/2009 Final Budget Transfers - the
department has prepared the final budget transfers for
Fiscal Year 2008/2009. The transfer clears deficit
appropriations and makes transfers needed to close out
the fiscal year - action requested - APPROVE BUDGET
TRANSFERS (4/5 vote required) APPROPRIATING FUNDS AS
DETAILED IN THE AGENDA REPORT.
PAGE 1 AUGUST 19 , 2008
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -AUGUST 19, 2008
BEHAVIORAL
HEALTH 3.05 * The Bernice B. Schumer Revocable Trust - approval is
requested for a lease to house the Live Spot Program at
2120-A Robinson Street in Oroville. The Live Spot
Program is a comprehensive youth program designed to
build the skills/capacity of young people, provide
opportunities for meaningful youth engagement and
involvement in pro-social activities and reduce/prevent
gang involvement/delinquency. The term of the
agreement is from September 1, 2008 to August 31,
2013. The lease rate of $.085 per square foot for the
5,800 square foot building results in a lease rate of
$4,930 per month for year one with 3o annual
adjustments. This lease is funded with Mental Health
Services Act (MHSA) revenue (department budget) -
action requested - APPROVE AGREEMENT AND AUTHORIZE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER.
3.06 * Butte County Probation Department - approval is
requested for an agreement between Behavioral Health
and Probation for the provision of services related to
the Drug Court Program. The term of the agreement is
July 1, 2008 through June 30, 2009 with a maximum
amount payable of $54,064 (department budget) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
3.07 * J. Gregory Long, D.O. - amendment - approval is
requested for an amendment to the agreement with J.
Gregory Long, D.O. for the provision of psychiatric
services. The amendment decreases the maximum amount
payable by $95,000 - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
3.08 * Ed Becker, Trustee - approval is requested for a recast
lease agreement with Ed Becker, Trustee for the
properties located at 965, 975, 985, and 995 Spruce
Street, Gridley, CA comprised of approximately 4,712
square feet which is utilized for the Gridley
Behavioral Health Community Counseling Center. The
term of the agreement is September 1, 2008 through
August 31, 2018 with initial monthly lease payment of
$4,523.52 with annual increases based on the Consumer
Price Index capped at 3o for ten years - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
PAGE 2 AUGUST 19 , 2008
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -AUGUST 19, 2008
CHIEF
ADMINISTRATIVE
OFFICE 3.09 * 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.
3.10 * City of Chico - approval is requested for an agreement
with the City of Chico to provide funding for extended
hours at the Chico Branch of the Butte County Library.
The term of the agreement is July 1, 2008 through June
30, 2009 with a maximum amount payable of $171,172 -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER.
3.11 * Transfer of the Butte County Courthouse and the
Juvenile Court Facility - Pursuant to Senate Bill (SB)
1732 and Assembly Bill 1491, the County has been
negotiating with the Judicial Council of California and
the Administrative Office of the Courts (AOC) to
transfer the Butte County Courthouse and Juvenile Court
space from the County to the State. The Butte County
Courthouse is currently occupied 1000 by the Court.
The proposed agreement transfers the responsibility of
maintaining the Courthouse to the State until 2014, at
which point the title of the building will also be
transferred to the State. The Juvenile Court is
housed in the old County Juvenile Hall and occupies a
small percentage of the building. The County will
retain the title to the old Juvenile Hall, but the
proposed agreement transfers the responsibility of
maintaining the Juvenile Court-occupied space to the
State - action requested - 1) APPROVE TWO TRANSFER
AGREEMENTS FOR BOTH THE BUTTE COUNTY COURTHOUSE AND THE
JUVENILE COURT FACILITY AND THE JOINT OCCUPANCY
AGREEMENT FOR THE JUVENILE COURT FACILITY AND AUTHORIZE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER; 2) PURSUANT TO GOVERNMENT CODE
66428(a)(2) FIND THAT PUBLIC POLICY DOES NOT
NECESSITATE THE FILING OF A PARCEL MAP FOR THE CREATION
OF THE NEW SUPERIOR COURT PARCEL BEING CONVEYED; AND 3)
AUTHORIZE CHAIR TO SIGN ALL NECESSARY DOCUMENTS TO
CONVEY THE NEWLY CREATED COURTHOUSE PROPERTY TO THE
STATE OF CALIFORNIA.
PAGE 3 AUGUST 19 , 2008
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -AUGUST 19, 2008
3.12 * Resolution Agreeing to a Tax Split for the Sonntag
Territory Annexation to the Town of Paradise -
consideration of a resolution which would agree to tax
split with the Town of Paradise regarding the Sonntag
Territory Annexation. The proposed allocation of
future property tax revenue is 56o to the Town and 440
to the County effective July 1, 2008 - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN.
CLERK-
RECORDER 3.13 * Manpower - amendment - approval is requested for an
amendment to the agreement with Manpower Inc. to
provide staffing services for the Elections Department.
The amendment extends the term of the agreement through
December 31, 2008 - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Contract No. X17124)
DISTRICT
ATTORNEY 3.14 * Dennis D. Diver & Associates - amendment - approval is
requested for an amendment to the agreement with
certified forensic accountant, Dennis D. Diver &
Associates for the provision of investigating and
preparing economic crime cases for prosecution. The
amendment extends the term of the agreement to June 30,
2009 - action requested - APPROVE AGREEMENT AMENDMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract
No. X15408)
3.15 * Dale T. Fry dba Backgrounds and More - amendment -
approval is requested for an amendment to the agreement
with Dale T. Fry for pre-employment background checks
and polygraphs. The amendment extends the term of the
agreement through June 30, 2009 and increases the
maximum amount payable by $4,100 (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.
X15673).
3.16 * Resolution Authorizing the District Attorney's Real
Estate and Fraud Investigation Program - consideration
of a resolution which will establish a fee and
implement a program for the investigation and
prosecution of real estate fraud. The program will be
funded by a $2.00 fee which will be paid on recorded
documents related to real estate transactions,
including deeds of trust, assignments of deeds of
trust, reconveyances, and notices of default.
California Government Code 27388 authorizes the
imposition of this fee - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
PAGE 4 AUGUST 19 , 2008
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -AUGUST 19, 2008
EMPLOYMENT
TTTTI C!1l~T TT
SERVICES
3.17 * Department of Child Support Services (CSS) - approval
is requested for a Plan of Cooperation (POC) with CSS
for the provision of services required under Title IV-D
of the Social Security Act. The term of the agreement
is July 1, 2008 through June 30, 2009 with a maximum
amount payable of $29,000 - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
3.18 * Accept Unanticipated Revenue - approval is requested to
accept and appropriate $16,733.13 in funds received
from the Department of Motor Vehicles. This revenue is
from initial and renewal fees for California "Kids"
vehicle license plates - action requested - APPROVE
BUDGET TRANSFER (4/5 vote required) ACCEPTING AND
APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT.
3.19 * Youth for Change - amendment - approval is requested
for an amendment to the agreement with Youth for Change
for the provision of a family facilitator. The
amendment extends the term of the agreement through
June 30, 2009 and increases the maximum amount payable
by $72,804 (department budget) - action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Contract No. X16054)
3.20 * Northern Valley Catholic Social Services (NVCSS) -
amendment - approval is requested for an amendment to
the agreement with NVCSS for the provision of a family
facilitator. The amendment extends the term of the
agreement through June 30, 2009 and increases the
maximum amount payable by $78,300 (department
budget) - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract
No. X16404)
FIRE 3.21 * Accept Unanticipated Revenue - approval is requested to
accept $3,375 from the Northern Circle Indian Housing
Authority and the Mooretown Rancheria to purchase
needed equipment for the Palermo Fire Station - action
requested - APPROVE BUDGET TRANSFER (4/5 vote required)
ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE
AGENDA REPORT.
PAGE 5 AUGUST 19 , 2008
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -AUGUST 19, 2008
GENERAL
SERVICES 3.22 * Notice of Completion - West Jail Facility Energy
Conservation Measures - All contract work has been
completed. The work consisted of installation of HVAC
units at 33 County Center Drive - action requested -
ACCEPT CONTRACT WORK; AUTHORIZE THE CHAIR TO SIGN THE
NOTICE OF COMPLETION; AND AUTHORIZE THE RECORDING OF
THE NOTICE OF COMPLETION.
HUMAN
RESOURCES 3.23 * Resolution to Amend the Salary Ordinance - the
department has prepared a resolution which will amend
the salary ordinance as follows: GENERAL SERVICES -
requests to add one position of Administrative Analyst,
Senior; Administrative Analyst; or Administrative
Analyst, Associate. This position was approved in the
Fiscal Year 2008/2009 budget. General Services also
requests to move one position of Auditor-Accountant,
Associate; Auditor-Accountant; or Accounting Specialist
from budget unit 020-003 to 060-002. This position was
transferred to General Services as part of the
recommendations of the Finance Management Options
Committee. LIBRARY - requests one flexibly staffed
position of Library Assistant to Library Assistant,
Senior or Library Assistant - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
PROBATION 3 . 24 * Assessments . com - approval is requested for a sole
source agreement with Assessments.com for the
provision of software and a training program designed
to evaluate the criminogenic risk factors and treatment
needs of juvenile probationers. Funding will be
provided by the Youthful Offender Block Grant (YOBG).
The term of the agreement is July 1, 2008 to June 30,
2010 with a maximum amount payable of $145,000
(department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER;
AND APPROVE FIXED ASSET PURCHASE OF RELATED SOFTWARE
INCLUDED IN THE AGREEMENT.
3.25 * Chico Unified School District (CUSD) - approval is
requested for two separate agreements with CUSD for the
department to provide two half-time Probation Officers
to assist with the Focus on the Future program and
Truancy programs. The contract period for both
agreements is July 1, 2008 through June 30, 2009. The
maximum amount payable for the agreement for Focus on
the Future program is $40,086 (department budget) and
the maximum amount payable for the Truancy program is
$39,617 (department budget) - action requested -
APPROVE AGREEMENTS (2) AND AUTHORIZE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
PAGE 6 AUGUST 19 , 2008
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -AUGUST 19, 2008
PUBLIC
HEALTH 3.26 * Butte County Children and Families Commission (BCCFC)
- approval is requested for an agreement with BCCFC for
the Oral Health Initiative Coordination program. The
term of the grant agreement is July 1, 2008 through
June 30, 2013 with a maximum amount payable of $125,671
(department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contact
No. X17358)
PUBLIC
woxxs 3.27 * Contract Change Order for the Construction of the Aguas
Frias Road Bridge across Butte Creek, County Project
No. 23201-95-1 - approval is requested for this change
order which provides for increased funding for
requiring the contractor to install a mandatory
construction joint in each of the seven case-in-
drilled-hole (CIDH) concrete piles. This contract
change order results in an overall increase to the
contract of $12,400 - action requested - APPROVE
CONTRACT CHANGE ORDER AND AUTHORIZE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
3.28 * Contract Change Order for the Skyway Lookout Point
Parking and Pedestrian Viewing Facility, County Project
No. 51261-2-2005-1 - approval is requested for this
change order for increased funding for replacing metal
beam guard rail, wood posts and wood blocks that were
destroyed during the Humboldt Fire at the Skyway
Lookout Point parking and pedestrian viewing facility.
This contract change order results in an overall
increase to the contract of $30,112.62 - action
requested - APPROVE CONTRACT CHANGE ORDER AND AUTHORIZE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER.
3.29 * Budget Transfer - approval is requested for a budget
transfer totaling $1,104 from Contingencies as detailed
in the agenda report for expenses associated with
repairs of the fire protection system in County Service
Area 128 - action requested - APPROVE BUDGET TRANSFER
(4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS
AS DETAILED IN THE AGENDA REPORT.
3.30 Adoption 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 - ADOPT ORDINANCE AND AUTHORIZE
THE CHAIR TO SIGN. (FROM 8-5-2008 [item 4.05])
PAGE 7 AUGUST 19 , 2008
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -AUGUST 19, 2008
3.31 Adoption 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 -
ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN; AND
ADOPT THE RESOLUTION ESTABLISHING ESTIMATING RATES TO
COINCIDE WITH THE ADOPTION OF THE ORDINANCE . ( From 8-5-
2008 [Item 5.01])
3.32 * Speedway Avenue Extension Project, County Project No.
50255C-99-1 and the associated State Route 99 Frontage
Road Extension Project, County Project No. 502550-2005-
1 - approval is requested for the transfer of a portion
of APN 040-303-070 to the owners of APN 040-030-085 as
partial compensation for the County acquisition of a
portion of their property - action requested - ADOPT
RESOLUTION AUTHORIZING THE PROPERTY MANAGER TO PREPARE
AND EXECUTE ALL NECESSARY DOCUMENTS FOR TRANSACTION AND
AUTHORIZING THE TRANSFER OF PARCEL H; AND AUTHORIZE THE
CHAIR TO SIGN.
SHERIFF-
CORONER 3.33 * Fiscal Year 2008 Inmate Welfare Expenditure Report -
Pursuant to Penal Code Section 4025(e), submitted is
the annual Inmate Welfare Expenditure Report - action
requested - ACCEPT FOR INFORMATION.
3.34 * Keefe Commissary Network - approval is requested for an
agreement with Keefe Commissary Network for the
provision of commissary services for the inmate
population of the jail. The recently completed Request
for Proposal (RFP) process received four responses of
the six vendors solicited and Keefe Commissary network
was selected due to level of service, reputation, and
the highest commission rate offered among the
respondents. The term of the agreement is September 1,
2008 through August 31, 2011 - action requested -
APPROVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
PAGE 8 AUGUST 19 , 2008
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -AUGUST 19, 2008
WATER &
RESOURCE
CONSERVATION 3.35 * Approval of Letter to the Delta Vision Blue Ribbon Task
Force - approval is requested for letter commenting on
the draft Delta Vision Strategic Plan that was first
released on June 18, 2008 by the Delta Vision Blue
Ribbon Task Force. The Task Force was created by the
Governor to develop a recommendation and strategic plan
to address the problems facing the Delta - action
requested - APPROVE LETTER AND AUTHORIZE THE CHAIR TO
SIGN.
OTHER
DEPARTMENTS
AND AGENCIES 3.36 Resolution Recognizing September 2008 as Prostate
Cancer Awareness Month - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Supervisor
Connelly)
4.00 REGULAR AGENDA
BOARDS,
COMMISSIONS AND
COMMITTEES 4 . 01 * Boards, Commissions and Committees .
1. Appointments to Listed Vacancies.
2. Board Member or Committee Reports.
BUDGET, 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.
1. Butte County General Plan 2030 - Format and Outline
of the Draft General Plan - submitted is
information on the organization and draft outline
of General Plan 2030, including the work of the
Butte County Planning Commission and the
Citizen's Advisory Committee - action requested -
PROVIDE DIRECTION AND APPROVE A DRAFT OUTLINE FOR
THE GENERAL PLAN, INCLUDING OPTIONAL ELEMENTS.
PAGE 9
AUGUST 19 , 2008
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -AUGUST 19, 2008
4.04 * Update Regarding Upcoming Butte County Code Amendments.
PRESENTATION
AND DISCUSSION
ITEMS 4.05 * Information Systems Computer Use and Ethics Policy and
Procedures - submitted for approval is the County of
Butte Information Systems Policies and Procedures -
Computer Use and Ethics Policy - action requested -
ADOPT POLICY AS SUBMITTED. (Chief Administrative
Office)
4.06 * Request to Restore Positions Deleted in the Fiscal Year
2008/2009 Budget - the Department requests to restore
six Behavioral Health Counselor positions and two
Behavioral Health Counselor, Senior positions due to an
increase in the 2008/2009 Mental Health Services Act
allocation. This restoration would reduce the number
of layoffs from nineteen to eleven. Approval is also
requested to accept unanticipated revenue as detailed
in the agenda report- action requested - RESTORE EIGHT
POSITIONS AS DETAILED IN AGENDA REPORT; AND APPROVE
BUDGET TRANSFER (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED FUNDS AS DETAILED IN THE
AGENDA REPORT. (Behavioral Health)
4.07 * Approve Cash Advance - approval is requested for a cash
advance of up to $930,000 from the General Fund to the
Social Services Fund 0020 to cover the negative cash
position of DESS at the end of Fiscal Year 2007/2008
due to reduced cash receipts to DESS. These receipts
include a combination of a decrease in realignment
revenues which was identified as a concern during the
mid year review and an unanticipated delay in state
reimbursements for Medi-Cal and IHSS contract payments
at the end of FY 2007/2008. The advance will be paid
back with the receipt of accrued 2007/2008 receivables
of approximately $4 million that will be received in
the first half of this Fiscal year - action
requested - APPROVE BUDGET TRANSFER (4/5 vote required)
ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE
AGENDA REPORT.
PAGE to AUGUST 19 , 2008
BUTTE COUNTY BOARD OF SUPERVISORS
9:50 A.M.
AGENDA -AUGUST 19, 2008
4.08 * Approve Cash Advance - At the June 24, 2008 Board of
Supervisors meeting, a cash advance of $4 million from
the General Fund to the Behavioral Health Fund was
approved. Because $1,388,327 in anticipated billing
revenue for Fiscal Year (FY) 2007/2008 was received
after June 30, 2008, the department requests the cash
advance be increased to a total of $5.35 million. This
would allow for closure of the FY 2007/2008 year-end
process. Approval of this action would allow for the
$1,388,327 to be immediately paid back to the General
Fund - action requested - APPROVE CASH ADVANCE OF UP TO
$5.35 MILLION FROM THE GENERAL FUND INTO THE BEHAVIORAL
HEALTH FUND. (Behavioral Health)
4.09 Items Removed from the Consent Agenda for Board
Consideration and Action.
rJ . OO PUBLIC HEARINGS AND TIMED ITEMS
5.01 * Public Hearing - Resolution Approving Community
Development Block Grant (CDBG) Application -
consideration of a resolution approving an application
for a CDBG Planning and Technical Assistance Grant in
the amount of $70,000 for a Palermo Wastewater and
Drainage Study - action requested - ADOPT RESOLUTION
AND AUTHORIZE THE CHAIR TO SIGN. (Chief Administrative
Office)
PAGE ll AUGUST 19 , 2008
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -AUGUST 19, 2008
10:00 A.M. 5.02 * Public Hearing - Zoning Code Amendment ZCA07-0002 -
consideration of a ZCA to modify a previously approved
Planned Unit Development (PUD). The parcel is located
at 2280 Durham-Dayton Highway in Durham, APN 040-630-
013, which includes the W.W. Durham House. The Butte
County Planning Commission recommends the proposed
amendment which will include additional uses - action
requested - ADOPT RESOLUTION MAKING FINDINGS AND
ADOPTING THE NEGATIVE DECLARATION PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND ADOPT
ORDINANCE MODIFYING THE PREVIOUSLY APPROVED PUD.
(Development Services)
10:30 A.M. 5.03 * Public Hearing - Tonriha Subdivision - On June 24,
2008, the Board adopted a resolution of intent to
establish the Butte County Permanent Road Division Zone
001 and to impose parcel charges for lighting and road
maintenance and to set a protest hearing/ballot
proceeding. The current owner of the property has
already provided a ballot in favor of the service
charges - action requested - OPEN PUBLIC HEARING AND
ASK FOR COMMENTS OR PROTESTS TO THE ESTABLISHMENT OF
THE PROPOSED SERVICE CHARGES; REQUEST BALLOT RESULTS
FROM THE CLERK OF THE BOARD; AND
1. IF A MAJORITY OF BALLOTS ARE IN FAVOR OF THE
ESTABLISHMENT OF SERVICE CHARGES, APPROVE THE
FORMATION OF ZONE 001 TO IMPOSE ANNUAL
ASSESSMENTS FOR STREET LIGHTING AND ROAD
MAINTENANCE SERVICES;
-OR-
2. IF CURRENT OWNER OF THE PROPERTY WITHDRAWS
PREVIOUSLY SUBMITTED BALLOT OR PROTESTS, DENY THE
REQUEST TO ESTABLISH SERVICE CHARGES. (Public
Works)
10:40 A.M. 5.04 * Timed Item - Butte County Wireless Communication
Facilities - The Department of Development Services
requests Board direction regarding a potential
amendment to the existing wireless communication
facilities ordinance of the Butte County Code (BCC 24-
262) - action requested - PROVIDE DIRECTION TO
STAFF. (Development Services)
PAGE 12 AUGUST 19 , 2008
BUTTE COUNTY BOARD OF SUPERVISORS
1:30 P.M. 5.05
AGENDA -AUGUST 19, 2008
* Timed Item - Fire Department Standards of Response
Cover Study (SOC) - The department will provide a study
session regarding the SOC related to deployment
standards, career staffing, training, communications,
and station locations for the career portion of the
Fire Department. A workshop on the volunteer portion
of the Fire Department at a later date - action
requested - ADOPT BUTTE COUNTY FIRE DEPARTMENT
PRIORITIES; AND ADOPT THE BUTTE COUNTY FIRE DEPARTMENT
DEPLOYMENT PERFORMANCE STANDARDS FOR INCLUSION IN THE
BUTTE COUNTY GENERAL PLAN. (Fire)
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 GOV. CODE SEC.
54956.9(a) FIVE CASES
1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100).
2. BUTTE COUNTY V. NATIONAL INDIAN GAMING COMMISSION
(NIGC); CASE NO. 08-519 USDC - DISTRICT OF
COLUMBIA; AND
3. VANELLA OIL V. BUTTE COUNTY; BUTTE COUNTY
SUPERIOR COURT CASE NO. 142273;
4. JONES V. COUNTY OF BUTTE, ET AL. (CONSENT DCREE);
BUTTE COUNTY SUPERIOR COURT CASE NUMBER 084429;
5. GIBSON V. COUNTY OF BUTTE; SUPERIOR COURT CASE
NO. 138022.
PAGE 13
AUGUST 19 , 2008
BUTTE COUNTY BOARD OF SUPERVISORS
7.02 PUBLIC EMPLOYEE
INCLUDING: GOALS,
54957:
AGENDA -AUGUST 19, 2008
EMPLOYMENT, PERFORMANCE EVALUATIONS,
PURSUANT TO GOVERNMENT CODE SECTION
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.
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AUGUST 19 , 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 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