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HomeMy WebLinkAboutA102406BUTTE COUNTY BOARD OF SUPERVISORS AGENDA OCTOBER 24, 2006 a~ ., r~ ~° , ~a ~- ~, - -~ 'f .:: :. ~<_- .. ~ __ - J._- ., :, _~ ,, 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:~~ A.M. 1.~~ 1.01 1.02 1.03 2.00 CALL TO ORDER Call to Order Administration Oroville. AGENDA -OCTOBER 24, 2006 - 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 . ~ ~ CONSENT AGENDA AUDITOR- CONTROLLER 3.01 * Establishment of an Additional DNA ID Fund - Government Code Section 76104.7, effective July 12, 2006, imposed an additional $1 assessment on fines, penalties and forfeitures levied on individuals with criminal offenses. The additional funds will be used to support DNA Fingerprint, Unsolved Crime and Innocence Protection Act activities. Pursuant to the requirements of the Government Code, approval is requested to establish an additional State Trust Fund for the newly assessed penalty funds and interest, and for authority to make all remittances to the State pursuant to the law - action requested - APPROVE THE ESTABLISHMENT OF THE DNA ID-ADDITIONAL STATE TRUST FUND AS DETAILED IN THE AGENDA REPORT; AND AUTHORIZE AND DIRECT THE AUDITOR-CONTROLLER TO MAKE REMITTANCES TO THE STATE PURSUANT TO STATE LAW. BEHAVIORAL HEALTH 3.02 * Youth For Change - approval is requested for a sole source agreement with Youth For Change for the provision of short-term shelter care beds for the Homeless Emergency Runaway Effort (HERE) Program. The term of the agreement is September 30, 2006, through September 29, 2007, with a maximum amount payable of $43,800 ($32,880 for fiscal year 2006-2007, and $10,920 for fiscal year 2007-2008 [department budget]) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X16291) PAGE 1 OCTOBER 24, 2006 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 24, 2006 3.03 * City of Chico - approval is requested for a revenue agreement with the City of Chico for funds to provide scholarships to City resident teens to attend the annual High School Reach for the Future Conference. The City will provide $4, 000 for the program, and Board approval is also requested to accept and appropriate the funds - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY 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. 3.04 * Rowell Family Empowerment of Northern California, Inc. - approval is requested for a sole source agreement with Rowell Family Empowerment of Northern California, Inc., for the provision of planning and implementation services for the Connecting Circles of Care Grant programs. The term of the agreement is July 1, 2006, through June 30, 2007, with a maximum amount payable of $472,251 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X16299) 3.05 * Caminar, Inc. - approval is requested for a sole source agreement with Caminar, Inc., for the provision of vocation experience services and related employment services for individuals with mental illness and/or drug and alcohol problems who have experienced homelessness or been booked into the County jail. The term of the agreement is July 1, 2006, through June 30, 2007, with a maximum amount payable of $224,557 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X16290) CHIEF ADMINISTRATIVE OFFICE 3.06 * Transfer of Funds - approval is requested to transfer $541,300 of Community Development Block Grant funds from the Program Income Fund (Fund 0143) to the Grant Income Fund (Fund 0142). The funds will be used for housing rehabilitation grant activities and should be housed in the Grant Income Fund account - action requested - APPROVE A BUDGET TRANSFER (4/5 vote required) APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT. 3.07 * Introduction of an Ordinance Amending Section 2-120 of the Butte County Code Relating to Grand Juror Mileage Reimbursement Rates and Per Diem Rates - consideration of an ordinance which will increase the mileage reimbursement rate for Grand Juror members from $0.24 per mile to $0.445 per mile, and increase the per diem rate from $20 a day to $36 a day - action requested - WAIVE READING OF THE ORDINANCE. PAGE 2 OCTOBER 24, 2006 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 24, 2006 3.08 * Pre-payment of Solar Project Loan - approval is requested to transfer $851,301 from the General Fund Appropriation for Contingencies to pay off the remaining loan balance of the Treasury gap loan for the County's solar project. The savings to the County by pre-payment of the loan will be $66,509.22 - action requested - APPROVE A BUDGET TRANSFER (4/5 vote required) ACCEPTING AND APPROPRIATING $851,301 FROM THE GENERAL FUND APPROPRIATION FOR CONTINGENCIES AS DETAILED IN THE AGENDA REPORT; AND DIRECT THE PAYMENT OF LOAN PRINCIPAL AND INTEREST AS DETAILED IN THE AGENDA REPORT. CLERK OF THE BOARD 3 . 09 * Assessment Appeals Board - action requested - REAPPOINT RICHARD VERMILLION, APPRAISER REPRESENTATIVE, AND DAVID JOHNSON, ALTERNATE, TO TERMS TO END SEPTEMBER 7, 2009. CLERK- RECORDER 3.10 * Relief of Accountability - approval is requested for a relief of accountability for capture station computer software (Fixed Asset No. 25986). The software became obsolete and was disposed of without being removed from the fixed asset inventory. The District Attorney has reviewed the request - action requested - APPROVE RELIEF OF ACCOUNTABILITY FOR SOFTWARE AS DETAILED IN THE AGENDA REPORT. COUNTY COUNSEL 3.11 * Introduction of an Ordinance Amending the Butte County Code Regarding the Administrative Hearing Program and the Nuisance Abatement Program - consideration of an ordinance which will amend the Butte County Code to standardize the County Administrative Hearing Program, and revise the provisions of the Nuisance Abatement Program to improve cost recovery, place a time requirement on abatement of a public nuisance, and require property owners to pay County nuisance abatement costs within 15 days of service of a bill - action requested - WAIVE READING OF THE ORDINANCE. 3.12 * Rossmann and Moore, LLP - approval is requested for an agreement with Rossmann and Moore, LLP, for the provision of specialized legal services in the area of Environmental Law. The term of the agreement commences upon execution and continues through completion of assigned projects, and includes an hourly rate range of $200-$350 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY THE AUDITOR-CONTROLLER. PAGE 3 OCTOBER 24, 2006 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 24, 2006 DEVELOPMENT SERVICES 3.13 * ABC Nick's Pioneer Towing - Amendment - approval is requested for an amendment to the agreement with ABC Nick's Pioneer Towing for towing services for the Abandoned Vehicle Abatement program. The amendment extends the term of the agreement through June 30, 2007. 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. X14686) 3.14 * John's Towing - Amendment - approval is requested for an amendment to the agreement with John's Towing for towing services for the Abandoned Vehicle Abatement (AVA) program. The amendment extends the term of the agreement through June 30, 2007, and increases the maximum amount payable by $10,001 (AVA program funds). 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. X15636) EMPLOYMENT AND SOCIAL SERVICES 3.15 * Butte County District Attorney - Amendment - approval is requested for an amendment to the Memorandum of Understanding with the District Attorney's Office for the provision of investigative services for the department. The amendment extends the term of the agreement through June 30, 2007, and increases the maximum amount payable by $23,518 (department budget) for the extended term. 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. X15790) 3.16 * Butte County Public Health - approval is requested for a Memorandum of Understanding with the Department of Public Health for the provision of drug and alcohol testing services. The term of the agreement is July 1, 2006, through June 30, 2009, with a maximum amount payable of $86,000 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X16303) PAGE 4 OCTOBER 24, 2006 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 24, 2006 GENERAL SERVICES 3.17 * Air Vacuum Corporation - approval is requested to award an agreement for the purchase of exhaust system equipment for various fire station's apparatus bays to Air Vacuum Corporation of Dover, New Hampshire, in the amount of $230,827.27. Funding for the purchase was approved by the Board on May 23, 2006. The purchase will be made under the California Multiple Award Schedule - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. HUMAN RESOURCES 3.18 * Vision Service Plan - Amendment - approval is requested for an amendment to the agreement with Vision Service Plan for the County's Group Vision Care Plan. The amendment revises the Eligible Dependant provisions to include domestic partners and their dependent children. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. Group 12130248) 3.19 * County Personnel Administrators Association of California and L.B. Hayhurst & Associates, Inc. - approval is requested for an agreement with the County Personnel Administrators Association of California and L.B. Hayhurst & Associates, Inc., for services to maintain up-to-date classification and compensation study information. The term of the agreement is July 1, 2006, through June 30, 2007 (including extension options through June 30, 2009), with a maximum amount payable of $3,500 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X16283) 3.20 * Advanced Step Hire - pursuant to Personnel Rule 11.5(b), the District Attorney's Office is requesting the Board approve the Advanced Step Hire of a Deputy District Attorney IV candidate to step 6 of the salary range, effective October 16, 2006, based on education and experience - action requested - APPROVE ADVANCED STEP HIRE OF A DEPUTY DISTRICT ATTORNEY IV CANDIDATE TO STEP 6 OF THE SALARY RANGE EFFECTIVE OCTOBER 16, 2006. PAGE 5 OCTOBER 24, 2006 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 24, 2006 3.21 * Resolution to Amend the Salary Ordinance - the department has prepared a resolution which will amend the salary ordinance as follows: DISTRICT ATTORNEY- CRIMINAL - adds 1 sunset position of Investigative Assistant (position end date of 6-30-07) PUBLIC WORKS - deletes 1 position of Surveyor, Senior. Adds 1 flexibly staffed position of Surveyor, Senior/Surveyor, Associate/Surveyor Assistant, and 1 flexibly staffed position of Civil Engineer, Associate/Engineer Assistant. BEHAVIORAL HEALTH - GENERAL SERVICES - deletes 1 position of Mental Health Clinician/Mental Health Clinician, Intern, and 1 position of Program Manager-Community Services. Adds 1 flexibly staffed position of Mental Health worker/Behavioral Health Counselor/Behavioral Health Counselor, Senior, and 1 position of Program Manager, wellness and Recovery Services. CHILD SUPPORT SERVICES - adds 1 position of Assistant Director, Child Support Services. PUBLIC HEALTH - ENVIRONMENTAL HEALTH - deletes 1 position of Supervisor, Environmental Health. Adds 1 position of Hazardous Materials Management Specialist, Associate/Hazardous Materials Management Specialist/Hazardous Materials Management Specialist, Senior. ADMINISTRATIVE SERVICES-GENERAL SERVICES ADMINISTRATION - adds the position of Director-General Services. Deletes the position of Director, General Services (upon retirement of the incumbent or not later than April 6, 2007). SALARY PLAN FOR ELECTED AND APPOINTED OFFICIALS, REFERENCE A-APPOINTED DEPARTMENT HEADS - adds the classification of Director-General Services and sets the annual salary rate at $116,532. SALARY PLAN FOR CLASSIFIED POSITIONS, REFERENCE K, NON REPRESENTED CLASSIFICATIONS - adds the position of Assistant Director, Child Support Services and sets the salary range at 68. SALARY PLAN FOR CLASSIFIED POSITIONS, REFERENCE F, MANAGEMENT, CONFIDENTIAL AND SUPERVISORY (BCMEA) UNIT CLASSIFICATIONS - adds the classification of Program Manager, wellness and Recovery Services and sets the salary range at 56 - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. LIBRARY 3.22 * Library Donations - pursuant to Government Code Section 25355, donations of $500 from Jim and Mary Johnson of Paradise, $175 from Chico Friends of the Library, and $145 from anonymous donors have been received for the Butte County Trust Fund for the purchase of books, and a donation of $427.10 from the Paradise Friends of the Library has been received for staff support hours at the Paradise Branch Library - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. PAGE 6 OCTOBER 24, 2006 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 24, 2006 PROBATION 3.23 * Disproportionate Minority Contact (DMC) Enhanced Technical Assistance Project - approval is requested for a resolution which will authorize the County's application and participation in the grant process for funds under the Enhanced DMC Technical Assistance Project. The grant funds will be used to assist the department in understanding and identifying DMC and to equip it with tools and resources needed to provide leadership in developing and/or strengthening community-based DMC reduction activities - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. PUBLIC HEALTH 3.24 * Private Industry Council - approval is requested for a sublease agreement with the Private Industry Council for storage space in the building located at 205 Mira Loma Drive, Oroville. The term of the agreement is November 1, 2006, through October 31, 2008, with a monthly lease rate of $720, and a maximum amount for change orders of $25,000 for fiscal year 2006-2007. Board approval is also requested for a transfer of realignment revenue to provide funding for the lease - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY 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. 3.25 * Emergency Medical Services Appropriation - the State Department of Health Services has notified the County of the availability of $252,863 from the Emergency Medical Services Appropriation (EMSA) for fiscal year 2006-2007. The funds will be used for reimbursement of uncompensated emergency medical services. Approval is requested for a Declaration of Intent (Option 2) not to administer the County's Emergency Medical Services allocation. This option authorizes the State Department of Health Services to administer the EMSA on behalf of the County through the EMSA Contract Back Program - action requested - APPROVE DECLARATION OF INTENT, OPTION 2, AND AUTHORIZE THE CHAIR TO SIGN. 3.26 * State of California, Department of Health Services - approval is requested for a revenue agreement with the State of California, Department of Health Services, for the provision of funds to support immunization database activities. The term of the agreement is July 1, 2006, through June 30, 2007, with a maximum amount payable to the County of $300,000 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. PAGE 7 OCTOBER 24, 2006 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 24, 2006 PUBLIC woRxs 3.27 * Budget Transfer for Advertising Costs - approval is requested to transfer $6,000 between department budget line items to provide the appropriation to pay for advertising expenses associated with the recruitment of Surveyor positions for the County - action requested - APPROVE A BUDGET TRANSFER APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT. 3.28 * Budget Adjustment for County Service Area No. 181 (Palm Crest Village Subdivision) - approval is requested for budget adjustments which will incorporate the newly formed County Service Area No. 181 into the County's Fiscal Year 2006-2007 Final Budget - action requested - APPROVE A BUDGET TRANSFER (4/5 vote required) AND ESTABLISH RELATED APPROPRIATIONS AND EXPENDITURES AS DETAILED IN THE AGENDA REPORT. 3.29 * SCS Field Services - Amendment - approval is requested for an amendment to the agreement with SCS Field Services for the provision of monitoring, reporting and maintenance services for the landfill gas collection and control system. The amendment extends the term of the agreement through June 30, 2007, increases monitoring and adjustment of the gas collection systems to twice per month, includes quarterly surface testing and reporting for methane, and increases the maximum amount payable by $28,600 (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. X15428) 3.30 * The Ridge Subdivision, Phase 1, Unit 1 - Subdivision Agreement - The Ridge Subdivision, Phase 1, Unit 1, is comprised of 34 lots for single family residences. It is a conditionally approved gated private street subdivision, located just south of Saddle Drive in the Oroville area (APNs 069-620-001 through 034). The developer has provided performance bonds and a Subdivision Agreement to guarantee construction of improvements required for Phase 1, Unit 1 of the multi- phase development. The improvements are currently under construction but the current Subdivision Agreement has expired. Proposed is a new Subdivision Agreement that will extend the completion deadline for construction of the Phase 1, Unit 1 improvements - action requested - APPROVE THE SUBDIVISION AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL. PAGE 8 OCTOBER 24, 2006 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 24, 2006 3.31 * Lake Oroville Area Public Utility District Expansion of Property - the Lake Oroville Area Public Utility District (LOAPUD) will be expanding its existing facilities and will acquire additional property as part of the planned expansion. Pursuant to Government Code Section 66428(a)(2), Board approval is requested to find that LOAPUD does not need to file a Parcel Map to acquire additional property adjacent to its facilities (APN 069-590-003) - action requested - FIND THAT PUBLIC POLICY DOES NOT NECESSITATE THE FILING OF A PARCEL MAP FOR THE LAKE OROVILLE AREA PUBLIC UTILITY DISTRICT TO ACQUIRE ADDITIONAL PROPERTY ADJACENT TO ITS FACILITIES ON APN 069-590-003. 3.32 * Scrub Seal 2006-Polymer Modified Asphalt Rejuvenating Scrub Seal (County Project No. SC-2006-1) - Contract Change Order ( CCO ) No . 1 - CCO No . 1, in the overal l decreasing amount of $119,624.20, provides for decreases in contract items at contract unit prices to reflect actual quantities used on the project - action requested - APPROVE CONTRACT CHANGE ORDER NO. 1 AND AUTHORIZE THE CHAIR TO SIGN. 3.33 * Scrub Seal 2006-Polymer Modified Asphalt Rejuvenating Scrub Seal (County Project No. SC-2006-1) - Notice of Completion - the project consisted of the application of polymer modified asphaltic rejuvenating emulsion with bituminous seal and aggregate on roads in the Kelly Ridge area of Oroville, and the Estates Drive area of Chico. All contract work has been completed - action requested - ACCEPT CONTRACT WORK; AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION; AND DIRECT RECORDING OF THE NOTICE OF COMPLETION. SHERIFF'S OFFICE 3.34 * Budget Transfer and Computer Equipment Purchase - approval is requested to transfer $19,500 from the Civil Equipment Trust Fund to the department's budget to provide the appropriation to purchase one primary server (fixed asset) and two backup servers for the Civil Division - action requested - APPROVE A BUDGET TRANSFER (4 /5 vote required) ACCEPTING AND APPROPRIATING TRUST FUND REVENUE AS DETAILED IN THE AGENDA REPORT; AND APPROVE THE FIXED ASSET PURCHASE OF A COMPUTER SERVER. 3.35 * Relief of Accountability - approval is requested for relief of accountability for a 1996 Ford Crown Victoria damaged beyond repair in an accident and used for parts. The District Attorney has reviewed the request - action requested - APPROVE RELIEF OF ACCOUNTABILITY AS DETAILED IN THE AGENDA REPORT. PAGE 9 OCTOBER 24, 2006 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 24, 2006 3.36 * Unexpended Indian Gaming Special Distribution Funds - approval is requested to restore to the department's budget unexpended fiscal year 2005-2006 Indian Gaming Special Distribution Funds in the amount of $81,026.83. The funds were transferred to the General Fund at the end of the 2005-2006 fiscal year. The funds will be used to purchase a patrol vehicle equipped for a canine officer, and to fund future vehicle replacements, and Board approval is also requested for the fixed asset purchase of the patrol vehicle - action requested - APPROVE A BUDGET TRANSFER (4 /5 vote required) ACCEPTING AND APPROPRIATING $81,026.83 FROM THE GENERAL FUND APPROPRIATION FOR CONTINGENCIES AS DETAILED IN THE AGENDA REPORT; AND APPROVE THE FIXED ASSET PURCHASE OF A PATROL VEHICLE. 4 . ~ ~ REGULAR AGENDA BOARDS, COMMISSIONS AND 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. 1. 2006 Proposed State Transportation Bond - the Public works Department is requesting the Board take a position of support for the following propositions that will be on the November ballot: Proposition lA - Transportation Funding Protection (a Legislative Constitutional Amendment), and Proposition 1B - Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 - action requested - APPROVE A POSITION OF SUPPORT FOR PROPOSITIONS lA AND 1B. (PUBLIC WORKS) PAGE 10 OCTOBER 24, 2006 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 24, 2006 PRESENTATION AND DISCUSSION ITEMS 4.03 * Butte County Coordinating Council for Developmental Disabilities - Report to the Board - presentation of the historic and current roles of the Council in Butte County - action requested - ACCEPT FOR INFORMATION. (BUTTE COUNTY COORDINATING COUNCIL) 4.04 * Just Ask: Identifying People in Addiction - Report to the Board - presentation by the Butte County Children and Families Commission and Enloe Hospital - action requested - ACCEPT FOR INFORMATION. (BUTTE COUNTY CHILDREN AND FAMILIES COMMISSION AND ENLOE HOSPITAL) 4.05 * Influenza in Butte County - Report to the Board - report on seasonal influenza, influenza surveillance in Butte County, pandemic influenza basics, an Avian Flu update, and pandemic preparedness - action requested - ACCEPT FOR INFORMATION. (PUBLIC HEALTH) 4.06 Adoption 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 - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (COUNTY COUNSEL [FROM 10-10-06 (4.05)]) PAGE ll OCTOBER 24, 2006 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 24, 2006 4.07 * L.C. Properties (Use Permit 06-15) - Determination of Use Compatibility with the Williamson Act - consideration of the determination of use compatibility with the Williamson Act regarding the addition of clubhouse structure uses associated with an existing duck club/mobile home park on property zoned A-40 (Agricultural - 40 acre parcels) and located on the east side of Seven Mile Lane between Grainland Road and Nelson Road, approximately 8,200 feet north of Nelson Road, west of Nelson, and identified as APN 038-110- 016 - action requested - BASED ON FINDINGS OF FACTS 1- 11 AS DETAILED IN THE AGENDA REPORT DATED OCTOBER 24, 2006, FIND THAT THE HUNTING CLUB, CLUBHOUSE FACILITY, AND BIRD WATCHING USES AS REQUESTED IN USE PERMIT 06-15 AND APPROVED BY USE PERMIT 02-23 FOR L.C. PROPERTIES ARE COMPATIBLE USES ON WILLIAMSON ACT LAND PURSUANT TO GOVERNMENT CODE SECTION 51238.1. (DEVELOPMENT SERVICES) 4.08 * Court Facility Transfer - Report to the Board - report on the status of court facility transfers pursuant to the Trial Court Facilities Act (SB 1732) - action requested - ACCEPT FOR INFORMATION. (CHIEF ADMINISTRATIVE OFFICE) 4.09 * Sacramento Valley Integrated Regional water Management Plan - consideration of a resolution of support for the Sacramento Valley Integrated Regional water Management Plan - action requested - STAFF RECOMMENDS THE BOARD ADOPT THE RESOLUTION OF SUPPORT AND AUTHORIZE THE CHAIR TO SIGN. (WATER AND RESOURCE CONSERVATION) 4.10 * Butte County consideration Standards for areas of the RESOLUTION AND WORKS) Improvement Standards Amendments - of amendments to the Improvement developments within the unincorporated County - action requested - ADOPT THE AUTHORIZE THE CHAIR TO SIGN. (PUBLIC PAGE 12 OCTOBER 24, 2006 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 24, 2006 4.11 * Adoption of Approved Forms of a Site and Facilities Lease and Related Legal Documents for Issuance of Debt by Means of Certificates of Participation to Finance Capital Improvements at the Butte County Neal Road Landfill - consideration of the issuance of Certificates of Participation to finance capital improvements at the Neal Road Landfill. The first series Certificates of Participation will issue in November 2006, in the amount of $12,500,000 or less - action requested - ADOPT A RESOLUTION APPROVING THE FORMS OF A SITE AND FACILITIES LEASE, A LEASE/PURCHASE AGREEMENT, A TRUST AGREEMENT, AN ASSIGNMENT AGREEMENT, A PURCHASE CONTRACT AND A CONTINUING DISCLOSURE CERTIFICATE, AUTHORIZING CHANGES THERETO AND EXECUTION AND DELIVERY THEREOF TO THE OTHER PARTIES THERETO; APPROVING A PRELIMINARY OFFICIAL STATEMENT, THE DELIVERY THEREOF TO THE UNDERWRITER, AND THE PREPARATION, EXECUTION AND DELIVERY TO THE UNDERWRITER OF AN OFFICIAL STATEMENT TO BE SUBSTANTIALLY DERIVED FROM THE PRELIMINARY OFFICIAL STATEMENT; AUTHORIZING THE EXECUTION, SALE AND DELIVERY OF NOT TO EXCEED $12,500,000 OF CERTIFICATES OF PARTICIPATION; AUTHORIZING AND DIRECTING CERTAIN ACTIONS IN CONNECTION THEREWITH AND AUTHORIZE THE CHAIR TO SIGN. (TREASURER- TAX COLLECTOR) 4.12 Items Removed from the Consent Agenda for Board Consideration and Action. 4.13 Recess as the Butte County Board of Supervisors and Convene as the Butte County Public Facilities Financing Corporation. PAGE 13 OCTOBER 24, 2006 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 24, 2006 BUTTE COUNTY PUBLIC FACILITIES FINANCING CORPORATION AGENDA OCTOBER 2 4, 2 0 0 6 1.00 Call to Order - Board of Supervisors Room, 25 County Center Drive, Oroville. 2.00 Regular Agenda 2.01 * Resolution Approving Lease Purchase Agreements and Certain Other Documents with the County of Butte - consideration of a resolution approving the documents and action necessary to assist the County in financing the acquisition and construction of improvements to its existing solid waste landfill facility - action requested - ADOPT RESOLUTION AND AUTHORIZE THE PRESIDENT OF THE BOARD OF DIRECTORS TO SIGN. 3.00 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 is prohibited from taking action on any item not listed on the agenda. Adjournment Adjourn as the Butte County Public Facilities Financing Corporation Board of Directors and Reconvene as the Butte County Board of Supervisors. PAGE 14 OCTOBER 24, 2006 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 24, 2006 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA S.O ~ PUBLIC HEARINGS AND TIMED ITEMS 10:25 A.M. 5.01 * Public Hearing - Ramon LeFevre - Tentative Parcel Map Appeal - consideration of an appeal of the Planning Commission's denial of a Tentative Parcel Map to subdivide two 20 acre parcels into four parcels, two at 5 acres and two at 15 acres, in the Critical winter Deer Herd Area on property zoned A-5 (Agricultural - 5 acre parcels) and located on the south side of LeFevre Lane at Century Court, approximately 4,000 feet west of Upham Road in the Bangor area, and identified as APN 028-180-052, 056, 057 - action requested - OPEN HEARING AND CONTINUE OPEN TO DECEMBER 12, 2006. 10:30 A.M. 5.02 * Public Hearing - Don Wallrich and Gary Katz - General Plan Amendment and Rezone (GPA/RZ 04-02) - consideration of a General Plan Amendment to change the General Plan Land Use Designation from Grazing and Open Land to Commercial, and a Rezone from A-160 (Agriculture - 160 acre minimum parcel size) to C-2 (General Commercial) for land located at the southwest corner of Clark Road (SR 191) and Durham-Pentz Road, across from Butte College, and identified as APN 041- 120-088 and 041-130-040 - action requested: 1. ACCEPT THE RECOMMENDATION OF THE PLANNING COMMISSION AND DENY THE GENERAL PLAN AMENDMENT AND REZONE BECAUSE OF INCONSISTENCIES WITH THE AGRICULTURAL ELEMENT OF THE GENERAL PLAN AND POTENTIAL IMPACTS ON ADJACENT AND NEARBY AGRICULTURAL USES; OR 2. APPROVE THE PROJECT AND: A. ADOPT A RESOLUTION AND INITIAL STUDY AMENDING THE GENERAL PLAN FROM GRAZING AND OPEN LAND TO COMMERCIAL AND AUTHORIZE THE CHAIR TO SIGN; B. FIND THAT THE PROJECT DOES HAVE THE POTENTIAL TO HAVE SIGNIFICANT IMPACT TO FISH OR WILDLIFE HABITAT; AND C. ADOPT AN ORDINANCE AND CONDITIONAL ZONING AGREEMENT REZONING THE PROPERTY FROM A-160 TO C-2 (GENERAL COMMERCIAL) AND AUTHORIZE THE CHAIR TO SIGN. PAGE 15 OCTOBER 24, 2006 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 24, 2006 11:30 A.M. 5.03 * Public Hearing - Nuisance Abatement Costs - consideration of the approval of a lien, in the amount of $6,030.13, to recover costs associated with the abatement of a public nuisance at 2451 Wyandotte Avenue, Oroville. The property was abated August 3-8, 2006 - action requested - APPROVE A LIEN, IN THE AMOUNT OF $6,030.13, BE PLACED ON THE PROPERTY LOCATED AT 2451 WYANDOTTE AVENUE, OROVILLE; DIRECT RECORDING OF THE LIEN; AND ORDER THE AMOUNT DUE BE PLACED UPON THE COUNTY TAX ROLE AS A SPECIAL ASSESSMENT TO BE COLLECTED AT THE SAME TIME AND IN THE SAME MANNER AS PROPERTY TAXES ARE COLLECTED. 6 . ~ ~ 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 . ~ ~ CLOSED SESSION 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. LIGHTNER V. COUNTY OF BUTTE (BUTTE SUPERIOR COURT CASE NO. 136070). 7.02 CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) THREE POTENTIAL CASES. 7.03 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 16 OCTOBER 24, 2006 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 24, 2006 7.04 CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8: PROPERTIES: APN 017-190-040; AGENCY NEGOTIATORS: MIKE CRUMP, DIRECTOR-PUBLIC WORKS; NEGOTIATING PARTIES: REPRESENTATIVE, JOHN F. GUERRERO LIVING TRUST; UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT. PAGE 17 OCTOBER 24, 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