HomeMy WebLinkAboutA101006BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA
OCTOBER 10, 2006
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County Supervisors
Bill Connelly, District 1
Jane Dolan, District 2
Mary Anne Houx, District 3
Curt Josiassen, District 4
Kim Yamaguchi, District 5
Paul McIntosh, Chief Administrative Bruce Alpert, County Counsel
Officer and Clerk of the Board
BUTTE COUNTY BOARD OF SUPERVISORS
9:00 A.M. 1.00 CALL TO ORDER
AGENDA -OCTOBER 10, 2006
1.01 Call to Order - Board of Supervisors Room, County
Administration Building, 25 County Center Drive,
Oroville.
1.02 Pledge of Alleg iance to the Flag of the United States
of America.
1.03 Observation of a Moment of Silence.
2.00 CORRECTIONS AND~OR CHANGES TO THE AGENDA.
3.00 CONSENT AGENDA
AUDITOR-
CONTROLLER 3.01 * Purchase of Fixed Assets and Office Improvements -
approval is requested for the fixed asset purchase of
modular workstations and furniture and needed office
improvements. The proposed project will update
furniture and equipment to address changes in workflow
resulting from the automation of business practices,
and replace furniture that is outdated and lacking in
ergonomic considerations. The remodel project is
estimated at $215,000. The department currently has
$60,000 available for the project, and Board approval
is also requested for a transfer of $155,000 from the
General Fund Appropriation for Contingencies to provide
the allocation needed for the remaining project costs -
action requested - APPROVE REMODEL PROJECT AND FIXED
ASSET PURCHASE OF FURNITURE AND EQUIPMENT; AND APPROVE
A BUDGET TRANSFER (4/5 vote required) ACCEPTING AND
APPROPRIATING $155,000 FROM THE GENERAL FUND
APPROPRIATION FOR CONTINGENCIES AS DETAILED IN THE
AGENDA REPORT.
BEHAVIORAL
HEALTH 3.02 * Donations in Memory of Lisa Swillinger - pursuant to
Government Code Section 25355, approval is requested to
accept and appropriate $665.50 received from various
donors in memory of Lisa Swillinger, a former employee
of the department who worked with the homeless mentally
ill. The funds will be donated to the Support,
Employment Assistance, Recovery and Consumer Housing
(SEARCH) Program, and will be used to develop the Lisa
Swillinger Reading Room for SEARCH clients - action
requested - ACCEPT DONATIONS; AND APPROVE A BUDGET
TRANSFER (4/5 vote required) ACCEPTING AND
APPROPRIATING DONATED FUNDS AS DETAILED IN THE AGENDA
REPORT .
CLERK OF
THE BOARD 3.03 * Approval of Minutes - action requested - APPROVE
MINUTES OF JULY 25, 2006, AND AUGUST 8, 2006.
PAGE 1 OCTOBER 10, 2006
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -OCTOBER 10, 2006
EMPLOYMENT
AND SOCIAL
SERVICES 3.04 * Resolution in Recognition of Mary Dickey upon Her
Retirement from the Department of Employment and Social
Services - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN.
HUMAN
RESOURCES 3.05 * Resolution to Amend the Salary Ordinance - the
department has prepared a resolution which will amend
the salary ordinance as follows: BEHAVIORAL HEALTH-
GENERAL SERVICES - adds 1 position of Mental Health
Clinician/Mental Health Clinician, Intern, and 3
flexibly staffed positions of Mental Health
Worker/Behavioral Health Counselor/Behavioral Health
Counselor, Senior. PUBLIC HEALTH-GENERAL SERVICES -
adds a half-time (.5) flexibly staffed term position of
Public Health Nurse Associate/Public Health
Nurse/Public Health Nurse, Senior/Certified Nurse
Practitioner/Physician's Assistant (position end date
6-30-07) PROBATION - revises the salary range for the
position of Legal Office Specialist from Range 24 to
Range 26, retroactive to October 8, 2005. Deletes 1
position of Manager, Support Services. Adds 1 position
of Manager, Personnel Operations, retroactive to
May 8, 2006 - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN.
LIBRARY 3.06 * Butte County 2005-2006 California Public Library
Survey - submitted is the annual California Public
Library Survey for fiscal year 2005-2006 - ACCEPT FOR
INFORMATION.
PUBLIC
HEALTH 3.07 * Enloe Medical Center - Amendment - approval is
requested for an amendment to the agreement with Enloe
Medical Center for the provision of ambulance services
to residents in County Service Area No. 37 (Gridley/
Biggs Ambulance Service). The amendment extends the
term of the agreement through December 31, 2007,
increases the maximum amount payable by $60,000 (CSA
funds) for the extended term, and decreases the
termination notice requirement from 90 to 60 days. 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. X13329)
PAGE 2 OCTOBER 10, 2006
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 10, 2006
3.08 * James E. Brown - Amendment - approval is requested for
an amendment to the lease agreement with James E. Brown
for the property located at 1311 Mangrove Avenue,
Suite D, Chico. The property is used by the Women,
Infants and Children (WIC) program. The amendment
extends the term of the agreement through
December 31, 2007, at the continued lease rate of
$2,132 per month (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. X15877)
3.09 * Accordis, Inc. - Amendment - approval is requested for
an amendment to the agreement with Accordis, Inc., for
the provision of computerized billing services for the
Medical Therapy Unit of the California Children's
Services program. The amendment increases the maximum
amount payable by $35,000 (department budget). 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. X13724)
3.10 * Donation for Animal Control - pursuant to Government
Code Section 25355, a donation of $100 has been
received from Nigel and Dolores Parkhurst to pay for
heartworm treatment for a rescued animal. The animal
will be suitable for adoption once treatment is
complete - action requested - ACCEPT DONATION AND
AUTHORIZE A LETTER OF APPRECIATION.
3.11 * Walker Land Investment - approval is requested for a
lease agreement with Walker Land Investment for the
property located at 82 Table Mountain Boulevard,
Oroville (currently under construction). The majority
of the office space will be used by federally subvented
programs. The term of the agreement is
January 1, 2007, through June 30, 2016, with an initial
square footage lease rate of $1.14, and a total cost of
the multi-year lease of $1,400,000 (department budget).
The agreement also includes a one-time payment of
$250,000 for tenant improvements, and Board approval is
also requested for a transfer of Realignment growth
savings to provide the appropriation for the tenant
improvements, and for the fixed asset purchase of the
structure improvements - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER;
AND APPROVE A BUDGET TRANSFER (4/5 vote required)
ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS
DETAILED IN THE AGENDA REPORT.
PAGE 3 OCTOBER 10, 2006
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -OCTOBER 10, 2006
PUBLIC
woRxs 3.12 Adoption of an Ordinance Establishing Speed Limits on
Certain Roads Within the County of Butte, State of
California - consideration of an ordinance which would
establish speed zones on various Butte County roads as
follows: Lone Pine Avenue (County Road #50175-E), from
Crouch Avenue to Chico River Road, 35 miles per hour;
Foothill Boulevard (County Road #21571), from Lower
Wyandotte Road to Miners Ranch Road, 45 miles per hour;
Kelly Ridge Road (County Road #26551), from Olive
Highway to Hillcrest Avenue, 45 miles per hour - action
requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO
SIGN. (FROM 9-26-06 [3.30])
3.13 * County Service Area (CSA) No. 102 (Meadowlark Acres
Subdivision) Budget Transfer - approval is requested
for a transfer of $500 from the Designated Fund Balance
to the CSA No. 102 budget to provide the appropriation
needed to pay for draining pumps repairs and inspection
services - action requested - APPROVE A BUDGET TRANSFER
(4/5 vote required) ACCEPTING AND APPROPRIATING
UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT.
3.14 * Golder Associates, Inc. - approval is requested for a
sole source agreement with Golder Associates, Inc., for
development of a Modular 4, Phase C Base Liner design
for the Neal Road Sanitary Landfill. The term of the
agreement is October 2, 2006, through completion of the
scope of work, with a maximum amount payable of $33,058
(Neal Road Landfill Enterprise Fund) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
WATER AND
RESOURCE
CONSERVATION 3.15 * Grant Funding - approval is requested to accept and
appropriate grant funding in the amount of $250,000
from the United States Department of the Interior-
Bureau of Reclamation to support the Butte Basin
Groundwater Model - action requested - APPROVE A BUDGET
TRANSFER (4/5 vote required) ACCEPTING AND
APPROPRIATING GRANT FUNDS AS DETAILED IN THE AGENDA
REPORT .
PAGE 4 OCTOBER 10, 2006
BUTTE COUNTY BOARD OF SUPERVISORS
4.00
BOARDS,
COMMISSIONS AND
REGULAR AGENDA
AGENDA -OCTOBER 10, 2006
COMMITTEES 4 . 01 * Boards, Commissions and Committees .
1. Appointments to Listed Vacancies.
2. Board Member or Committee Reports.
BUDGET AND
LEGISLATIVE
UPDATE 4.02 Update on Current Budget and Legislative Issues by the
Chief Administrative Officer.
ITEMS
4.03 Adoption of an Ordinance Amending Chapter 3 Fees;
Chapter 11 Junk Dealers, Pawnbrokers and Secondhand
Dealers; Chapter 20 Subdivisions; Chapter 23C
Registration Requirements for Commercial Weighing and
Measuring Instruments; Chapter 36 Incarceration; and
Chapter 43 Public Health Department Fees of the Butte
County Code - consideration of an ordinance which will:
reformat various Butte County Code Sections relating to
fees to make them easier to read, clarify fee
descriptions for better understanding, reorder fees to
organize alphabetically or by related functions, and
add language in some sections to allow for periodic
increases to County-determined fees based on the
Employment Cost Index (following a public hearing) -
action requested - ADOPT ORDINANCE AND AUTHORIZE THE
CHAIR TO SIGN. (CHIEF ADMINISTRATIVE OFFICE [FROM 9-
26-06 (4.04)])
4.04 * Program 2.2 of the General Plan Agricultural Element -
300-Foot Agricultural Buffer - pursuant to the Board's
direction of September 12, 2006, submitted is
additional information relating to the applicability of
the 300-foot buffer requirement in Program 2.2 of the
General Plan Agricultural Element - action requested -
ACCEPT FOR INFORMATION; AND PROVIDE STAFF DIRECTION AS
NEEDED. (DEVELOPMENT SERVICES [FROM 9-12-06 (4.03)])
PAGE 5 OCTOBER 10, 2006
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -OCTOBER 10, 2006
4.05 * Introduction of an Ordinance Prohibiting Consumption of
Alcohol and Possession of Opened Alcohol Containers in
Specified Areas in and Along Butte Creek and Within
Specified Areas of the Honey Run Road and Centerville
Road Rights-of-Way - pursuant to Board direction,
consideration of an ordinance banning alcohol in and
along Butte Creek - action requested - WAIVE READING OF
THE ORDINANCE. (COUNTY COUNSEL)
4.06 * Participation in the Lower Tuscan Coordinating Group -
consideration of a recommendation by the Butte County
Water Commission for County participation in the Lower
Tuscan Coordinating Group. The group is a forum
convened to assist local governments, local water
purveyors, groundwater users, conservation
organizations, state and federal agencies and other
interested parties to better understand and manage the
Lower Tuscan Formation - action requested - PROVIDE
STAFF DIRECTION REGARDING PARTICIPATION OPTIONS.
(WATER AND RESOURCE CONSERVATION)
4.07 * Establish General Services Department - consideration
of a reorganization of the divisions of Purchasing,
Central Stores, Courier Services, Facilities Services,
Veterans Services, Print Shop and General Services
Administration into a General Services Department, and
the conversion of the position of Director-General
Services to an appointed department head position
reporting directly to the Chief Administrative
Officer - action requested - DIRECT HUMAN RESOURCES TO
PREPARE A SALARY ORDINANCE AMENDMENT ESTABLISHING THE
GENERAL SERVICES DEPARTMENT AND CONVERTING THE POSITION
OF DIRECTOR-GENERAL SERVICES TO AN APPOINTED DEPARTMENT
HEAD POSITION; AND AUTHORIZE INITIATION OF A
RECRUITMENT. (CHIEF ADMINISTRATIVE OFFICER)
4.08 Items Removed from the Consent Agenda for Board
Consideration and Action.
PAGE 6
OCTOBER 10, 2006
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 10, 2006
rJ . OO PUBLIC HEARINGS AND TIMED ITEMS
10:30 A.M. 5.01 * Martin Marietta Materials (Table Mountain Quarry)
Mining Permit and Reclamation Plan 04-01/Modification
of Use Permit 96-02 - consideration of an appeal of the
Planning Commission's approval of a Mining Permit and
Reclamation Plan 04-01 and the modification of Use
Permit 96-02 to expand the permitted mining area of an
existing operation to include approximately 44+
additional acres of olivine basalt on the top of north
Table Mountain. The project also includes: the
reconstruction of approximately 2,800 feet of road
along the existing road grade from the plant site and
approximately 1,500 feet of new road construction; the
installation of an elevated conveyor system to
transport rock from the quarry to the processing
facility; the relocation of the processing facility
approximately 700 feet to the northeast; a time
extension of Use Permit 96-02 to the year 2029; the
construction of a 4,000 square-foot shop building; and
the construction of a new rail spur adjacent and
parallel to the existing rail spur. The applicant has
also filed a petition to cancel a 175-acre portion of
460 acres subject to a Land Conservation Act Agreement,
and has submitted a revised Reclamation Plan in
accordance with the Surface Mining and Reclamation Act.
This is a project on which notice of intent to adopt a
negative declaration with mitigation measures regarding
environmental impacts has been given. The Table
Mountain Quarry is located on north Table Mountain at
2216 Table Mountain Boulevard, northeast of the
intersection of State Route 70 and State Route 149,
north of Oroville, and identified as 041-140-014, 028,
032, 034; 041-160-031, 037, 039, 044 and 045; and 041-
210-045 - action requested - OPEN HEARING AND CONTINUE
OPEN TO NOVEMBER 21, 2006.
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 7 OCTOBER 10, 2006
BUTTE COUNTY BOARD OF SUPERVISORS
7.00 CLOSED SESSION
AGENDA -OCTOBER 10, 2006
7.01 CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9 (a)
1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100)
2. POE INTERVENTION (FERC PROJECT 2107)
3. COUNTY OF BUTTE V. CALIFORNIA EMERGENCY MEDICAL
SERVICES AGENCY (BUTTE COUNTY SUPERIOR COURT NO.
137303)
4. FISHER V. COUNTY OF BUTTE
(USDC 2:05-CV-00600-WBS-JFM).
7.02
7.03
7.04
7.05
CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT
EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(b)(1) TWO POTENTIAL CASES.
CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(c) TWO POTENTIAL CASES.
CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6:
AGENCY REPRESENTATIVE: JEANNE GRAVETTE;
EMPLOYEE ORGANIZATIONS: BUTTE
ASSOCIATION (GENERAL UNIT); BUTTE
EMPLOYEES ASSOCIATION (MANAGEMENT
UNIT); DEPUTY SHERIFFS' ASSOCIATION
MANAGEMENT AND SUPERVISORY UNIT);
CORRECTIONAL OFFICERS' ASSOCIATION
MANAGEMENT AND SUPERVISORY UNIT).
COUNTY EMPLOYEES
COUNTY MANAGEMENT
AND SUPERVISORY
(GENERAL UNIT AND
AND BUTTE COUNTY
(GENERAL UNIT AND
PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS, INCLUDING
GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957:
1. AGRICULTURAL COMMISSIONER
2. DIRECTOR -BEHAVIORAL HEALTH
3. CHIEF ADMINISTRATIVE OFFICER
4. CHIEF PROBATION OFFICER
5. COUNTY COUNSEL
6. DIRECTOR -CHILD SUPPORT SERVICES
7. DIRECTOR -DEVELOPMENT SERVICES
8. DIRECTOR -EMPLOYMENT AND SOCIAL SERVICES
9. DIRECTOR -HUMAN RESOURCES
10. DIRECTOR -INFORMATION SYSTEMS
11. DIRECTOR -LIBRARIES
12. DIRECTOR -PUBLIC HEALTH
13. DIRECTOR -PUBLIC WORKS
14. DIRECTOR -WATER AND RESOURCE CONSERVATION.
PAGE 8
OCTOBER 10, 2006
Information and Procedures Concerning the Agenda and Conduct of
the Board of Supervisors Meetings
Meeting Information: Meetings are generally held the second and fourth Tuesday of each month. Meetings start at 9:00 a.m. and are
held in the Board of Supervisors Chambers, County Administration Building, 25 County Center Drive,
Oroville. At the end of each year the Board adopts a meeting schedule for the upcoming year. Meeting dates
can be changed as a result of holidays or other events so please check the meeting calendar to be certain.
Copies of the adopted meeting calendar for the year are available in the County Administrative Office or at
the Clerk of the Board website at www.buttecounty.net/cob.
Agenda Information: The agenda for every meeting of the Board is posted in front of the County Administration Building at least
72 hours before each meeting, and is available by mail subscription, e-mail subscription, or at the Clerk of the
Board website. A copy of the agenda and supporting materials provided to the Board of Supervisors members
to explain each agenda item (excluding documents that are not a public record within the meaning of the Public
Records Act) are available for your review at the County Administrative Office, the Chico, Oroville, and
Paradise libraries (please do not remove items from these files), and at the Clerk of the Board website. Copies
of supporting materials can be made for you at a charge to cover costs. The list of communications included
with the agenda packages is not comprehensive. Additional communications to the Board of Supervisors may
have been received but not included in the agenda supporting material. Copies of all communications received
by the Board of Supervisors (excluding documents that are not a public record within the meaning of the Public
Records Act) are available at the Administrative Office upon request. An (*) appearing before an agenda item
signifies that material has been provided to the Board of Supervisors members to explain that item.
Agenda Format and
Meeting Order: The agenda is usually organized into the following areas and meetings generally proceed in the following
order:
1. ConsentAgenda: these are items that are considered routine and are handled by one motion and vote
of the Board. If you wish to discuss any item on the Consent Agenda you can either fill out a
speaker card (located in the back of the board room) and give it to the Clerk of the Board (sitting to
the right of the Board) or, when the Chair asks if there is anything anyone would like to remove from
the ConsentAgenda, stand and approach the podium and request the item be removed. The removed
items are discussed at the end of the Regular Agenda.
2. Regular Agenda: this is where presentations to the Board and items that require full discussion are
heard. Items removed from the Consent Agenda are discussed under this section.
3. Public Hearing and Timed Items: this is where items that are required by law to be heard as a public
hearing are set. This is the section where appeals before the Board are usually discussed. Hearings
may start after the time listed, but will never start before the time listed.
4. Public Comment: this is the area of the agenda where members of the audience may address the
Board on any matter not listed on the agenda. The Board, by law, cannot take action on any matter
not listed on the agenda, but may respond to statements or questions and provide staff direction.
5. Closed Session: the Board is authorized, by law, to meet in a closed session in certain
circumstances. This area ofthe agenda identifies those items that will be discussed during the closed
session.
Public Participation: It is the policy of the Board of Supervisors, and a requirement of the California Open Meetings Law, to allow
members of the public the opportunity to comment on all matters before the Board. Public participation is
limited to matters within the subject matter jurisdiction of the Board pursuant to Government Code Section
54954.3. The Board has adopted policy and procedures to facilitate the meeting process and conduct. A
complete listing of these policies and procedures can be found in the printed booklet agenda, obtained at the
County Administrative Office, or viewed at the Clerk of the Board website.
The Board of Supervisors is also committed to making its proceedings accessible to all citizens. Individuals
with special needs should call the Clerk of the Board at 530-538-7631, Monday through Friday, 8:00 a.m. to
5:00 p.m. to request disability-related modifications/accommodations or to request materials in alternate
formats. All requests for special accommodations and/or alternative format documents must be made 48 hours
prior to the meeting.
For further information contact the: Clerk of the Board of Supervisors
County Administrative Office
25 County Center Drive, Oroville, CA 95965
530-538-7631
www.buttecounty.net/cob