HomeMy WebLinkAboutA101210BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA
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October 12, 2010
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County Supervisors
Bill Connelly, District 1
Jane Dolan, District 2
Maureen Kirk, District 3
Steve Lambert, District 4
Kim Yamaguchi, District 5
Paul Hahn, Chief Administrative Officer
and
Clerk of the Board
Bruce Alpert, County Counsel
BUTTE COUNTY BOARD OF SUPERVISORS
9:00 A. M. 1.00 CALL TO ORDER
OCTOBER 12, 2010
1.01 Call to Order -Board of Supervisors Room, County Administration Building, 25 County
Center Drive, Oroville.
1.02 Pledge of Allegiance 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
AGRICULTURE 3.01 * California Department of Food and AEriculture (CDFA) -approval is requested
for a revenue agreement with CDFA in which the County will provide services for
placing and servicing traps for the detection of the Light Brown Apple Moth that
are considered hazardous to agriculture and the economy of California. The term
of the agreement is July 1, 2010 through June 30, 2011 with a maximum amount
receivable of $26,429 -action requested -APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
AUDITOR 3.02 * Resolutions EstablishinE Proposition 4 Appropriations Limit Calculations for Fiscal
Year 2010/2011 -action requested -ADOPT RESOLUTIONS (2) AND AUTHORIZE
THE CHAIR TO SIGN.
BEHAVIORAL
HEALTH 3.03 * Esplanade Enterprises, Inc. dba Merit Medi-Trans, Inc. -amendment to the
agreement with Esplanade Enterprises, Inc. for non-emergency client
transportation services for clients of Butte County Department of Behavioral
Health. The amendment increases the maximum amount payable by $120,000 -
action requested -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
3.04 * Youth for ChanEe -Hospital Alternative ProEram (HAP) -agreement with Youth
for Change for specialty mental health treatment and support services in the
community. The term of the agreement is September 1, 2010 through June 30,
2011 with a maximum amount payable of $29,686 -action requested -APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
PAGE 1 October 12, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
OCTOBER 12, 2010
3.05 * Youth for ChanEe(YFC) -amendment to the agreement with Youth for Change for
specialty mental health services to children with full scope Medi-Cal. The
amendment increases the maximum amount payable by $706,784.13. This change
is based on the Request for Proposal awarded to YFC for the Hospital Alternative
Program. Approval is also requested for a related budget adjustment accepting
$231,627 in unanticipated revenue -action requested -APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE RELATED
BUDGET ADJUSTMENT (4/5 vote required).
CHIEF 3.06 * BudEet Adjustment for 2009-2010 Community Development Block Grant ProEram
ADMINISTRATIVE (CDBG) Economic Development PlanninE and Technical Assistance Grant Activity -
OFFICE On July 21, 2009 the Board of Supervisors authorized the submittal of a CDBG
Economic Development Planning and Technical Assistance Grant to complete an
Entrepreneurial Knowledge-Based Enterprise Action Plan. On June 8, 2010, the
County received notification of the award of the $35,000 grant. Staff requests
approval to implement the Planning and Technical Assistance Grant with 3CORE.
Butte County is required to provide a $700 match -action requested - APPROVE
BUDGET ADJUSTMENT (4/5 vote required); AND APPROVE EXHIBIT #35 TO THE
MASTER SUBRECIPIENT AGREEMENT WITH 3CORE AND AUTHORIZE THE CHAIR TO
SIGN.
COUNTY
COUNSEL 3.07 * Local AEency Biennial Conflict of Interest Code Report - Non-Exempt School
Districts -pursuant to Government Code Section 87306.5(b), approval is requested
for the Local Agency Biennial Conflict of Interest Code Reports for the following
non-exempt school districts: Bangor Unified School District, Biggs Unified School
District, Butte County Office of Education, Chico Unified School District, Durham
Unified School District, Feather Falls School District, Golden Feather Union School
District, Gridley Unified School District, Manzanita Elementary School District,
Oroville Union High School District, Paradise Unified School District, Pioneer Union
Elementary School District, and Thermalito School District. The reports have been
reviewed by County Counsel and determined to be proper -action requested -
ACCEPT BIENNIAL REPORTS.
3.08 * Butte County Conflict of Interest Code -amendment -The Political Reform Act
(Government Code Section 81000 et seq.) requires the County to amend its
Conflict of Interest Code on a biennial basis and when change is necessitated by
circumstances. The County's Conflict of Interest Code has been modified
consistent with these requirements and has been updated to include new
disclosure categories for County employees as well as County committees and
commissions -action requested -ADOPT RESOLUTION AMENDING THE CONFLICT
OF INTEREST CODE AND AUTHORIZE THE CHAIR TO SIGN.
PAGE 2 October 12, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
OCTOBER 12, 2010
3.09 * Local AEency Biennial Conflict of Interest Code Report -Non- Exempt AEencies -
pursuant to Government Code Section 87306.5(b), approval is requested for the
Local Agency Biennial Conflict of Interest Code Reports for the following non-
exempt agencies: Air Quality Management District, Butte County Association of
Governments, Chico Area Recreation and Park District, Durham Irrigation District,
EI Medio Fire District, Feather River Recreation and Park District, Lake Madrone
Water District, Lake Oroville Public Utility District, Paradise Recreation and Park
District, Richardson Springs Community Services District, Reclamation District No.
833, Richvale Irrigation District, Richvale Sanitary District, Rock Creek Reclamation
District, and Sewerage Commission-Oroville Region. The reports have been
reviewed by County Counsel and determined to be proper -action requested -
ACCEPT BIENNIAL REPORTS.
3.10 * Local AEency Biennial Conflict of Interest Code Report - Non-Exempt AEencies -
pursuant to Government Code Section 87306.5(b), approval is requested for the
Local Agency Biennial Conflict of Interest Code Reports for the following non-
exempt agencies: Butte County Housing Authority, Butte County Children and
Families Commission, Butte Creek Drainage District, Butte County Resource
Conservation District, Butte Water District, Chico Urban Area Joint Powers
Financing Authority, Durham Mosquito Abatement District, Gridley-Biggs Cemetery
District, Kimshew Cemetery District, Oroville Cemetery District, Oroville Mosquito
Abatement District, Paradise Cemetery District, Paradise Irrigation District,
Richvale Recreation and Park District, Sacramento River Reclamation District, and
Thermalito Irrigation District. The reports have been reviewed by County Counsel
and determined to be proper -action requested -ACCEPT BIENNIAL REPORTS.
3.11 * Local Agencv Biennial Conflict of Interest Code Resort - Exemot Agencies
pursuant to Government Code Section 87300, approval is requested for the Local
Agency Biennial Conflict of Interest Code Reports for the following exempt
agencies: Bangor Cemetery District, Drainage District No. 1, Drainage District No. 2,
Drainage District No. 100, Drainage District No. 200, Pine Creek Cemetery District,
Thompson Flat Cemetery District and the Upham Cemetery District. The reports
have been reviewed by County Counsel and determined to be proper -action
requested -ACCEPT BIENNIAL REPORTS.
DISTRICT ATTORNEY 3.12 * Toxicology Services, Inc. -amendment to the agreement with Toxicology Services,
Inc. for forensic alcohol and drug toxicology testing, reporting and court testimony.
The amendment extends the term of the contract to December 31, 2010 and
increases the maximum amount payable by $31,000 -action requested -APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
FIRE 3.13 * Fixed Asset Purchase -request to accept fixed asset equipment donation as
detailed in agenda report from Butte County Volunteer Fire Company 24 (Forest
Ranch) to be used at Butte County Volunteer Fire Station 10 (Butte Meadows) -
action requested -ACCEPT DONATION AND SEND LETTER OF APPRECIATION.
PAGE 3 October 12, 2010
BUTTE COUNTY BOARD OF SUPERVISORS OCTOBER 1Z, 2010
HUMAN
RESOURCES 3.14 * Resolution to Amend the Salary Ordinance -the department has prepared a
resolution which will amend the salary ordinance as follows:
PROBATION -add one position of Probation Officer III/II/I with a sunset date of
June 30, 2011. The department has received an allocation for fiscal year 2010-2011
from the California Department of Corrections and Rehabilitation, Corrections
Standards Authority for the Youthful Offender Block Grant (YOBG). This change will
increase the allocations in budget unit 430-001 from 91 to 92 and increase the
total allocations in the department from 97 to 98.
DISTRICT ATTORNEY - convert a current sunset position of District Attorney Victim
Counselor to a regular help position with no sunset date. The position will be
funded within the District Attorney's existing budget. This change will leave the
allocations in the department unchanged.
LIBRARY -add four (4) fifty percent (50%) positions of Library Assistant and delete
one (1) vacant Branch Librarian position. These changes will increase the
allocations in budget unit 630 from 25.5 to 26.5 and increase the total allocations
in the department from 27.5 to 28.5 -action requested -ADOPT THE RESOLUTION
AND AUTHORIZE THE CHAIR TO SIGN.
PROBATION 3.15 * Sentinel Offender Services, LLC -agreement with Sentinel Offender Services, LLC
for electronic monitoring services of offenders on probation. The term of the
agreement is July 1, 2010 through June 30, 2013 with a maximum amount payable
of $120,000 for the Probation Department and $69,000 for the Sheriff's
Department -action requested -APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
Pueuc
WORKS 3.16 * Contract ChanEe Order No. 2 for the Construction of Module 4, Phase D at Neal
Road Recycling and Waste Facility -approval is requested for this change order
which provides for a decrease to the contract for a Cost Reduction Incentive
Proposal that was submitted by Ford Construction Company, Inc. The Contractor
proposes to eliminate the concrete slope veneer and place a clay soil veneer as
suitable foundation for the geosynthetic lining materials. As a result of eliminating
the concrete slope veneer, the amount of subgrade preparation was also reduced.
Per the CalTrans Standard Specification the net savings is split equally between the
contractor and the owner. This contract order results in an overall decrease to the
contract of $76,451 -action requested - 1) APPROVE CONTRACT CHANGE ORDER
AND AUTHORIZE CHAIR TO SIGN.
PAGE 4 October 12, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
OCTOBER 12, 2010
3.17 * Contract ChanEe Order No. 1 and Notice of Completion for Oro BanEor HiEhway
Rehabilitation Project -approval is requested for this change order which provides
in a decrease of $58,625.51 in funding for the Oro Bangor Highway Rehabilitation
Project. All contract work has been completed -action requested - 1) APPROVE
CONTRACT CHANGE ORDER AND AUTHORIZE THE CHAIR TO SIGN; 2) ACCEPT
CONTRACT WORK AND AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF
COMPLETION; AND 3) AUTHORIZE THE RECORDING OF THE NOTICE OF
COMPLETION.
SHERIFF-
CORONER 3.18 * Fiscal Year 2010 Inmate Welfare Expenditure Report -Pursuant to Penal Code
Section 4025(e), submitted is the annual Inmate Welfare Expenditure Report -
action requested -ACCEPT FOR INFORMATION.
TREASURER 3.19 * Monthly Investment Report -Submitted is the Monthly Investment Report dated
TAX COLLECTOR August 31, 2010 in accordance with the Statement of Investment Policy dated July
1, 2010-action requested-ACCEPT FOR INFORMATION
3.20 * Trade In Fixed Asset Equipment -the department would like to replace three old
model document imaging scanners with new technology. The trade would provide
a credit of $450 toward the purchase of new equipment. As the old machines are
fixed assets, the department needs approval of the Board in order to trade the
machines -action requested -APPROVE THE TRADE IN OF FIXED ASSETS AS
OUTLINED IN THE DETAILED AGENDA REPORT TOWARD THE PURCHASE OF NEW
EQUIPMENT.
OTHER DEPARTMENTS 3.21 Resolution RecoEnizinE October 2010 as Domestic Violence Awareness Month -
ANDAGENCIES action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
PAGE 5 October 12, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
OCTOBER 12, 2010
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 of Current Budget and Legislative Issues by the Chief Administrative
Officer.
4.03 Update of General Plan 2030 Process by Director of Development Services
4.04 * Update Regarding Upcoming Butte County Code Amendments by Director of
Development Services.
PRESENTATION AND 4.05 * Informational Presentation on New BuildinE Code Adoption and Related Public
DISCUSSION ITEMS Outreach ProEram - As part of the regular three-year code update cycle, new
building codes have been adopted by the State of California. The County is
required to adopt codes to be consistent with the State Code -action requested -
ACCEPT AND DISCUSS INFORMATION. (Development Services and Fire)
4.06 * Accept Unanticipated Revenue and Budget Adjustment - On September 24, 2010
the Butte County Fire Department received a notice of award from the U.S.
Department of Homeland Security for a Staffing for Adequate Fire and Emergency
Response Grant (SAFER). The grant covers a 24 month period of performance
commencing no later than December 22, 2010. The grant amount is $2,142,030
which will provide for the hiring of 6 Fire Fighter II's and 5 Fire Apparatus
Engineers, a total of 11 positions over two years. The grant pays for all costs, with
the exception of the administrative fee, uniforms, unplanned overtime, physicals,
personal protective equipment, and training with an anticipated cost of $255,168
over the entire grant period. The grant requires the Butte County Fire Department
maintain the staffing that existed subsequent to the layoffs of July 2009 as well as
the SAFER funded firefighters for the two year period -action requested-
APPROVE A BUDGET INCREASE FOR THE SCHEDULE A FIRE PROTECTION
AGREEMENT OF $535,508 in FISCAL YEAR 2010-2011 AND APPROVE A BUDGET
TRANSFER (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS
DETAILED IN THE AGENDA REPORT. (Fire)
4.07 Items Removed from the Consent Agenda for Board Consideration and Action
PAGE 6 October 12, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
OCTOBER 12, 2010
5.00 PUBLIC HEARINGS AND TIMED ITEMS
9:30 a.m. 5.01 * Public HearinE -Resolution of Intent to Vacate a Portion of An Unnecessary Public
RiEht of Way in Nelson Between the Southern Pacific Rail Road RiEht of Way and
AP 038-260-013 -consideration of a resolution that gives notice of a Public Hearing
to vacate a portion of an unnecessary public right of way in Nelson between the
Southern Pacific Rail Road right of way and AP 038-260-013- action requested -
ADOPT RESOLUTION WHICH SETS PUBLIC HEARING FOR NOVEMBER 9, 2010 AT
9:30 A.M. AND AUTHORIZE THE CHAIR TO SIGN. (Public Works)
10:00 a.m. 5.02 * Timed Item -Federal Legislative Platform -Each year Butte County Board of
Supervisors considers and adopts a state and federal legislative platform that has
been developed through discussions with County Department Heads and the Chief
Administrative Officer. Kristi More, from The Ferguson Group will present
information on the current federal legislative environment and will facilitate a
discussion with the Board of Supervisors to develop the County's priorities for
Federal Fiscal Year 2012. The County's legislative platform will then be brought
back for further discussion and adoption in November -action requested -
PROVIDE DIRECTION TO THE CHIEF ADMINISTRATIVE OFFICER AND THE COUNTY'S
FEDERAL LEGISLATIVE ADVOCATE REGARDING PRIORITIES OF THE COUNTY'S
FEDERAL LEGISLATIVE PLATFORM FOR CALENDAR YEAR 2011/FISCAL YEAR 2012.
(Chief Administrative Office)
6.00 PUBLIC COMMENT (each speaker limited to five minutes)
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 12, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
OCTOBER 12, 2010
7.00 CLOSED SESSION
7.01 ACTUAL LITIGATION PURSUANT TO GOV. CODE SECTION 54956.9(a) - 4 CASES;
1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100)
2. NORTH CONTINENT LAND & TIMBER, INC. V. COUNTY OF BUTTE, ET AL;
SACRAMENTO COUNTY SUPERIOR COURT CASE NO. 34-2010-80000542;
3. COUNTY OF BUTTE V. BESSOLO, BUTTE COUNTY SUPERIOR COURT CASE
NO. 151667
4. MCNAMEE V. SMART & FINAL, INC. BUTTE COUNTY SUPERIOR COURT
CASE NO. 147477
7.02 INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9 (C) -ONE POTENTIAL CASE
PAGE 8 October 12, 2010
BUTTE COUNTY BOARD OF SUPERVISORS OCTOBER 1Z, 2010
Information and Procedures Concerning the Agenda and Conduct of
the Board of Supervisors Meetings
Meetine 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.
Aeenda 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.
Aeenda Format and The agenda is usually organized into the following areas and meetings generally proceed in the following
Meetine Order: order:
1. Consent Aeenda: 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 Consent
Agenda, stand and approach the podium and request the item be removed. The removed items are
discussed at the end of the Regular Agenda.
2. Reeular Aeenda: 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 Hearine 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
PAGE 9
October 12, 2010