HomeMy WebLinkAboutA092308BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA
SEPTEMBER 23, 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
CALL TO ORDER
Call to Order
Administration
Oroville.
AGENDA -SEPTEMBER 23, 2008
- 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.
9:00 A.M. 1.00
1.01
1.02
1.03
2.00
3.00
D re~~n ear ~r.n r
HEALTH
CONSENT AGENDA
3.01 * Budget Transfer - approval is requested to accept and
appropriate $3,700 in unanticipated revenue from the
Butte County Office of Education for Gridley's Friday
Night Live Prevention program - action requested -
APPROVE BUDGET TRANSFER (4/5 vote required) ACCEPTING
AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA
REPORT .
3.02 * Butte County Office of Education (BCOE) - approval is
requested for a revenue agreement with BCOE for the
provision of a full-time drug and alcohol/mental health
counselor. The term of the agreement is October 1,
2008 through September 30, 2009 with a maximum amount
receivable of $58,761 - 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 FUNDS AS DETAILED IN THE
AGENDA REPORT.
3.03 * Budget Transfer - approval is requested for a budget
transfer of $5,000 as detailed in the agenda report.
These funds will be used for alcohol and drug treatment
services available through the Mentally Ill Offender
Crime Reduction grant - action requested - APPROVE
BUDGET TRANSFER ACCEPTING AND APPROPRIATING FUNDS AS
DETAILED IN THE AGENDA REPORT.
PAGE 1 SEPTEMBER 23, 2008
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -SEPTEMBER 23, 2008
3.04 * Northern Valley Catholic Social Services (NVCSS) -
approval is requested for a sole source agreement with
NVCSS for the provision of mental health services to
children. The term of the agreement is July 1, 2008
through June 30, 2009 with a maximum amount payable of
$146,965.50 - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL.
3.05 * Budget Transfer - approval is requested to accept and
appropriate $30,000 in Substance Abuse and Mental
Health Service Administration (SAMHSA) funds to be used
for the purpose of enhancing evaluation tools of the
Friday Night Live Mentoring Program - action
requested - APPROVE BUDGET TRANSFER (4/5 vote required)
ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE
AGENDA REPORT.
CHIEF
ADMINISTRATIVE
OFFICE 3.06 * Laura Brunson - approval is requested for an
employment agreement with Laura Brunson for the
position of Human Resources Director. The initial term
of the agreement is September 9, 2008 through
September 8, 2011. The starting annual salary is
$129,134 - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL.
3.07 * Budget Transfer - approval is requested for a budget
transfer in the amount of $278,250 as detailed in the
agenda report. These funds will be used to replace the
emergency generators at the Butte County Emergency
Operations Center - action requested - APPROVE BUDGET
TRANSFER ACCEPTING AND APPROPRIATING FUNDS AS DETAILED
IN THE AGENDA REPORT.
3.08 * The Ferguson Group, LLC - amendment - approval is
requested for an amendment to the agreement with The
Ferguson Group, LLC for the provision of legislative
advocacy services for the County. The amendment
extends the term of the agreement through September 30,
2009, continues the maximum amount payable of $120,000
(department budget) for the extended term, and provides
for reimbursement of expenses in an amount not to
exceed $8,000 (department budget) - action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL. (Contract
No. X15254)
PAGE 2 SEPTEMBER 23, 2008
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -SEPTEMBER 23, 2008
3.09 * Resolution Recognizing the Continuing Existence of
Local Emergency Declarations and Authorizing a Letter
to the State Requesting an Appeal of the Denial of a
Major Disaster Declaration -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. Authorization is also requested for
a letter to appeal the denial of the Major Federal
Disaster Declaration - action requested -ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; APPROVE
LETTER AND AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE
THE CHIEF ADMINISTRATIVE OFFICER TO TAKE ALL ACTIONS TO
SUPPORT THE APPEAL.
3.10 * William Avery and Associates - approval is requested
for an agreement with William Avery and Associates for
the provision of labor relations services and labor
negotiation services. The amendment extends the term
of the agreement through June 30, 2009. The monthly
amount payable remains the same at $3,600 - action
requested -APPROVE AGREEMENT AND AUTHORIZE CHAIR TO
SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
COUNTY
COUNSEL 3.11 * George C. Hollister - amendment - approval is requested
for an amendment to the agreement with George C.
Hollister for the provision of legal services. The
amendment increases the hourly rate to $250 effective
September 1, 2008. All other terms and provisions
remain the same - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL.
DISTRICT
ATTORNEY 3 . 12 * Daniel E . Dusina - amendment - approval is requested
for an amendment to the agreement with Daniel E . Dusina
who teaches Monthly Financial Management Classes for
the Bad Check Unit. The amendment extends the term of
the agreement to June 30, 2009 and increases the
maximum amount payable by $3,900 (department budget).
All other terms and provisions remain the same - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER. (Contract No. X15134)
PAGE 3 SEPTEMBER 23, 2008
BUTTE COUNTY BOARD OF SUPERVISORS
EMPLOYMENT
AND SOCIAL
SERVICES
PAGE 4 SEPTEMBER 23, 2008
AGENDA -SEPTEMBER 23, 2008
3.13 * Request to Retain Social Worker Supervisor Position
Eliminated in the Fiscal Year (FY) 2008/2009 Budget -
the Department requests to restore one Social Worker
Supervisor position due to a $254,518 increase in a
planning allocation received for the Child Welfare
Services Outcome Improvement Project (CWSOIP) Approval
is also requested to accept the unanticipated revenue
as detailed in the agenda report - action requested -
RESTORE ONE SUPERVISOR POSITION AS DETAILED IN AGENDA
REPORT; AND APPROVE BUDGET TRANSFER (4/5 vote required)
ACCEPTING AND APPROPRIATING UNANTICIPATED FUNDS AS
DETAILED IN THE AGENDA REPORT.
3.14 * The Regents of the University of California - Northern
California Partnership for Safe and Stable Families
(PSSF) - approval is requested for an agreement with
The Regents of the University of California for the
provision of project direction, facilitation services,
technical assistance, and training. The term of the
agreement is October 1, 2007 through September 30, 2010
with a maximum amount payable of $265,638 - action
requested - APPROVE AGREEMENT AND AUTHORIZE CHAIR TO
SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
3.15 * Northern California Youth and Family Programs -
amendment - approval is requested for an amendment to
the agreement with Northern California Youth and Family
Programs for the provision of the Transitional Housing
Placement (THP-Plus) program which was established by
the State to provide affordable housing and
comprehensive supportive services for youths
transitioning out of foster care and probation. The
amendment extends the term of the agreement through
June 30, 2009 and increases the maximum amount payable
by $141,240 - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
3.16 * Office of the District Attorney - approval is requested
for an agreement with the Office of the District
Attorney for the provision of investigative services.
The term of the agreement is July 1, 2008 through
June 30, 2009 with a maximum amount payable of $700,000
(department budget)- action requested - APPROVE
AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -SEPTEMBER 23, 2008
3.17 * Promoting Safe and Stable Families Programs and Child
Abuse Prevention, Intervention and Treatment
Programs - amendments - approval is requested for four
amendments to agreements with various providers for
services in support of the Promoting Safe and Stable
Families Programs and Child Abuse Prevention,
Intervention and Treatment Programs. The terms of all
agreements will be extended through June 30, 2009.
Funding for all agreements is available within the
department's budget. The amendments increase the
maximum amount payable of each agreement as follows:
1) Northern Valley Catholic Social Service, an increase
of $36,352; 2) Youth For Change, an increase of
$109,420. 3) Northern California Youth and Family
Programs, an increase of $46,070 4) Youth For Change,
an increase of $40,800 - action requested - APPROVE
AGREEMENT AMENDMENTS (4) AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
FIRE 3.18 * Town of Paradise Fire Department - approval is
requested for an automatic aid agreement for fire
protection with the Town of Paradise. The term of the
agreement begins on August 14, 2008 and shall remain in
full force until terminated by either party with a
sixty day written notice. This agreement will render
immediate automatic fire protection aid to provide more
rapid responses to emergencies and shall supersede all
prior agreements - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL.
HUMAN
RESOURCES 3.19 * Resolution to Amend the Salary Ordinance - the
department has prepared a resolution which will amend
the salary ordinance as follows: CHIEF ADMINISTRATIVE
OFFICE - deletes one (1) position of Risk Management
Analyst, Senior or Risk Management Analyst (Class Codes
1029/1030). This change was included in the
department's Fiscal Year 2008/2009 budget. This change
will decrease the total allocated positions in budget
unit 020 from 31 to 30. DEVELOPMENT SERVICES -
requests to delete the following positions: two (2)
positions of Supervisor, Building Inspector (Class Code
3307), one (1) position of Building Inspector, Senior
or Building Inspector (Class Code 3309/3308), one (1)
position of Building Plans Examiner or Building
Inspector (Class Code 3306/3308) and one (1) position
of Office Specialist, Senior or Office Specialist or
Office Assistant (Class Codes 1055/1056/1057). These
changes were included in the departments' Fiscal Year
2008/2009 budget. This change will decrease the total
allocated positions in budget unit 440-001 from 42 to
37. EMPLOYMENT AND SOCIAL SERVICES - requests to
PAGE 5 SEPTEMBER 23, 2008
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -SEPTEMBER 23, 2008
delete the following positions effective October 1,
2008: two (2) positions of Account Clerk or Account
Clerk, Senior (Class Codes 1286/1285); one (1)
Supervisor, Information Systems Analyst (Class Code
1331); one (1) position of Supervisor, Support Services
(Class Code 1053). In addition the department requests
to delete one (1) position of Program Manager,
Employment and Social Services (Class Code 5303)
effective October 11, 2008. These changes were included
in the department's Fiscal Year 2008/2009 budget. This
change will decrease the total allocated positions in
budget unit 570-001 from 167 to 163; DESS also requests
to delete the following positions effective October 1,
2008: two (2) positions of Eligibility Specialist
(Class Code 5346). These changes were included in the
department's fiscal year 2008/2009 budget. This change
will decrease the total allocated positions in budget
unit 570-003 from 211 to 209. It is also requested to
delete the following positions effective October 1,
2008: four (4) positions of Social Worker, Senior or
Social Worker or Social Worker, Associate (Class Codes
5333/5335/5336) and one (1) position of Supervisor,
Social Work (Class Code 5331). These changes were
included in the department's Fiscal Year 2008/2009
budget. This change will decrease the total allocated
positions in budget unit 570-004 from 116 to 111.
LIBRARY - requests to delete one (1) position of
Information Systems Technician, Senior or Information
Systems Technician or Information Systems Technician,
Associate (Class Codes 1343/1344/1345). This change was
included in the department's fiscal year 2008/2009
budget. This change will decrease the total allocated
positions in budget unit 630 from 32.5 to 31.5 - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN.
3.20 * Introduction of a Salary Ordinance - the department has
prepared a salary ordinance which incorporates changes
from the Proposed Budget for Fiscal Year 2008/2009.
The following is a summary of the proposed ordinance:
SECTION 1: SUBJECT AND SHORT TITLE - Identifies the
subject of the ordinance as determining salaries and
positions, and that it shall be known as the "Salary
Ordinance." SECTION 2 THROUGH 56: ALLOCATED
POSITIONS - Identifies the number of positions and
appropriate classifications authorized for each
designated department or budget unit, by budget unit
number and department name. The proposed changes in
these sections are as follows: SECTION 57: SALARY PLAN
FOR CLASSIFIED POSITIONS - Identifies the classified
positions and the appropriate salary designation per
classification by employee association unit. All
salary tables now have the adjusted salaries that
became effective on October 7, 2007. This is the
effective date of the last cost of living adjustment
(COLA) agreed upon with the respective bargaining
PAGE 6 SEPTEMBER 23, 2008
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -SEPTEMBER 23, 2008
units. SECTION 58: SALARY PLAN FOR ELECTED AND
APPOINTED OFFICIALS - Identifies the appropriate
salary designation for appointed and elected officials.
Reference C, Board of Supervisors' Members reflects the
salary after January 1, 2007. SECTION 59 PAYMENT OF
SALARIES AND WAGES - Specifies salary and wage
policies shall be in accordance with the Merit
System Ordinance and Resolution, and when salaries
are to be paid. SECTION 60: REPEAL - Repeals the
existing Salary Ordinance No. 3968, all amendments
thereto, and any and all other inconsistent ordinances.
SECTION 61: SEVERABILITY - The invalidity of any part
of the ordinance shall not affect the remaining parts.
SECTION 62: EFFECTIVE DATE AND PUBLICATION - The
Salary Ordinance shall be in effect as of October 7,
2008. Within fifteen (15) days after its passage, a
summary shall be published with names of those
supervisors voting for and against it, a certified copy
of the full text shall be posted in the Office of the
Clerk of the Board of Supervisors - action requested -
WAIVE READING OF THE ORDINANCE.
LIBRARY 3.21 * Resolution Proclaiming Three Cups of Tea as the Book in
Common for the County of Butte in 2008-2009 - Since
2000, California State University, Chico (CSUC) has
sponsored a Book in Common program to engage its
students in reading, intellectual engagement, and
community dialogue. For 2008-2009, Butte County
Library and other community partners are collaborating
with CSUC to expand the program throughout Butte
County - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN.
3.22 * First 5 Butte County Children and Families Commission
(BCCFC) - Early Learning with Families (ELF) Grant -
amendment - approval is requested for an amendment to
the agreement with BCCFC to continue the existing ELF
program and to expand the program to Gridley and
Paradise. The amendment adjusts the budgets for
individual years of the grant without changing the
overall maximum amount payable of $55,000 and makes
minor technical adjustments to the terms of the
original agreement - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL; AND APPROVE
RELATED BUDGET TRANSFER (4/5 vote required) ACCEPTING
AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA
REPORT .
PAGE 7 SEPTEMBER 23, 2008
BUTTE COUNTY BOARD OF SUPERVISORS
PROBATION
PUBLIC
HEALTH
OTHER
DEPARTMENTS
AND AGENCIES
AGENDA -SEPTEMBER 23, 2008
3.23 * First 5 Butte County Children and Families Commission
(BCCFC) - Literacy Coach Grant - amendment - approval
is requested for an amendment to the agreement with
BCCFC for Literary Coach services. The amendment
increases the maximum amount payable by $17,864 and
makes minor technical adjustments to the terms of the
original agreement - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL; AND APPROVE
RELATED BUDGET TRANSFER (4/5 vote required) ACCEPTING
AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA
REPORT .
3.24 * State of California Office of Traffic Safety (OTS)
Grant - approval is requested to accept $368,306 in
grant funds offered by OTS to continue a DUI
supervision program. The grant is administered by San
Diego County and an agreement is required. The term of
the agreement is October 1, 2008 through September 30,
2010. Approval is also requested to use part of the
grant funds for the purchase of a vehicle - action
requested - APPROVE BUDGET TRANSFER (4/5 vote required)
ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE
AGENDA REPORT; APPROVE AGREEMENT AND AUTHORIZE CHAIR TO
SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER; AND AUTHORIZE FIXED ASSET PURCHASE
OF A VEHICLE.
3.25 * Targeted Case Management Services - CSU Chico Research
Foundation and the Butte County Public
Guardian - approval is requested for agreements with
the CSU Chico Research Foundation and the Butte County
Public Guardian to serve as participating agencies for
the provision of Targeted Case Management (TCM)
Services as follows: 1) CSU Chico Research
Foundation - the term of the agreement is July 1, 2007
through June 30, 2009 with a maximum amount payable of
$97,195; and 2) Butte County Public Guardian - the
term of the agreement is July 1, 2007 through June 30,
2009 with a maximum amount payable of $278, 316 - action
requested - APPROVE AGREEMENTS (2) AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER.
3.26
3.27
Law Library 2007/2008 Annual Report - action
requested - ACCEPT FOR INFORMATION.
Gridley Veterans Memorial Hall
requested - APPOINT MARION "AL" A
VFW TO A TERM TO END JUNE 30, 2009.
PAGE 8
Committee - action
. BYERS, ALTERNATE,
SEPTEMBER 23, 2008
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -SEPTEMBER 23, 2008
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.
1. Report by Chief Financial Officer on the State
Budget Impacts to Butte County.
PRESENTATION
AND DISCUSSION
ITEMS 4
PAGE 9 SEPTEMBER 23, 2008
4.03 Update of General Plan 2030 Process by Director-
Development Services.
4.04 * Update Regarding Upcoming Butte County Code Amendments.
05 * Western Business Products (WBP) - amendment - approval
is requested for an amendment to the agreement with WBP
for copiers and related services. A Request for
Proposals (RFP) has also been issued for these
services, and it is expected this RFP will allow for
the delivery of new copiers in early 2009. The
amendment extends the term of the agreement through
February 28, 2009, increases the monthly maximum amount
payable by $14,362.50, and allows for the agreement to
be extended on a month-to-month basis if the delivery
and installation of new copiers is delayed - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER. (General Services)
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -SEPTEMBER 23, 2008
4.06 * Resolution Regarding Butte County's Lower Tuscan
Aquifer Project and Approval of the Proposition 50
Agreement with the Department of Water Resources
(DWR) - approval is requested for a resolution
regarding California Environmental Quality Act (CEQA)
requirements for this project funded through
Proposition 50. Approval is also requested for a
related agreement with the DWR - action requested -
ADOPT RESOLUTION ADOPTING A MITIGATED NEGATIVE
DECLARATION FOR THE LOWER TUSCAN AQUIFER MONITORING,
RECHARGE AND DATA PROJECT; AND APPROVE RELATED
AGREEMENT WITH DWR. (From 9-9-08 [Item
5.01])(Department of Water and Resource Conservation)
4.07 Items Removed from the Consent Agenda for Board
Consideration and Action.
rJ . OO PUBLIC HEARINGS AND TIMED ITEMS
9:50 A.M. 5.01 * Public Hearing - Annual County Service Area Per Parcel
Service Charges - consideration of a resolution
adopting the per parcel service charges for the various
County Service Areas for Fiscal Year 2008/2009 - action
requested - OPEN PUBLIC HEARING TO ACCEPT ALL
OBJECTIONS AND/OR PROTESTS; AND ADOPT A RESOLUTION
CONFIRMING THE COUNTY SERVICE AREA PER PARCEL SERVICE
CHARGES IN THE COUNTY OF BUTTE FOR FISCAL YEAR
2008/2009 AND AUTHORIZE THE CHAIR TO SIGN. (From 8-19-
08 [Item 3.02])(Auditor-Controller)
PAGE 10 SEPTEMBER 23, 2008
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -SEPTEMBER 23, 2008
10:20 A.M. 5.02 * Public Hearing - Rehearing of an Appeal of Denial of
Application of Grading Permit for Signalized
Intersection West, LLC - GRD 06-01 - On September 11,
2007, the Board of Supervisors denied the appeal of the
Planning Commission's denial of a grading permit
application for property located in the Butte Creek
Canyon approximately two miles northeast of the Honey-
Run Road and Centerville Road intersection (APNs 017-
090-138 and 017-090-139). On April 22, 2008, the Board
of Supervisors approved Resolution 08-052 which vacated
and set aside its prior action. Staff recommends that
the Board take one of the following actions:
1) ADOPT A MOTION OF INTENT TO DENY THE APPEAL; TO
DECLARE THE GRADING WAS DONE IN VIOLATION OF ARTICLE 1
OF CHAPTER 13 OF THE BUTTE COUNTY CODE; TO DECLARE SAID
GRADING TO BE A PUBLIC NUISANCE; TO ORDER THE APPLICANT
TO ABATE SAID NUISANCE; TO REMEDIATE THE GRADING WHICH
HAS OCCURRED PURSUANT TO PLANS TO BE SUBMITTED TO AND
APPROVED BY THE DEPARTMENT OF PUBLIC WORKS; AND TO
INSTRUCT STAFF TO RETURN WITH A PROPOSED RESOLUTION OF
SUCH ACTIONS WITH APPROPRIATE FINDINGS;
-OR-
2) ADOPT A MOTION OF INTENT TO REMAND THE PROJECT TO
THE PLANNING COMMISSION FOR PREPARATION OF THE
APPROPRIATE BIOLOGICAL AND ARCHEOLOGICAL STUDIES, IF
THE APPLICANT AGREES TO HAVE THESE STUDIES PREPARED AT
THE APPLICANT'S EXPENSE; AND AFTER THESE STUDIES ARE
PREPARED, HAVE PLANNING COMMISSION RECONSIDER THE
APPLICATION FOR GRADING PERMIT;
-OR-
3) ADOPT A MOTION OF INTENT DIRECTING STAFF TO RETURN
WITH A PROPOSED RESOLUTION TO ADOPT THE MITIGATED
NEGATIVE DECLARATION; TO GRANT THE APPEAL; AND TO
APPROVE THE GRADING PERMIT SUBJECT TO CONDITIONS AND
MITIGATION MEASURES IN EXHIBIT A OF THE JULY 12, 2007
PLANNING COMMISSION STAFF REPORT WITH APPROPRIATE
FINDINGS. (Department of 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 11 SEPTEMBER 23, 2008
BUTTE COUNTY BOARD OF SUPERVISORS
7.00
7.01
7.02
CLOSED SESSION
AGENDA -SEPTEMBER 23, 2008
ACTUAL LITIGATION PURSUANT TO GOV. CODE SEC.
54956.9(a) FOUR 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;
3. DRY CREEK COALITION OF BUTTE COUNTY; BUTTE
ENVIRONMENTAL COUNCIL, INC. V. BUTTE COUNTY, ET
AL. (NEW ERA MINE); BUTTE COUNTY SUPERIOR COURT
CASE NO. 144532;
4. PATRICK DICKIE V. COUNTY OF BUTTE; WORKERS
COMPENSATION CLAIM NUMBER WCAB: RDG 125133.
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 12
SEPTEMBER 23, 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 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