HomeMy WebLinkAboutA102511BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA
October 25, 2011
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County Supervisors
Bill Connelly, District 1
Larry Wahl, District 2
Maureen Kirk, District 3
Steve Lambert, District 4
Kim Yamaguchi, District 5
Paul Hahn, Chief Administrative Officer Bruce Alpert, County Counsel
and Clerk of the Board
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 25, 2011
9:00 A.M. 1.00 CALL TO ORDER
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.
1.04 CORRECTIONS AND~OR CHANGES TO THE AGENDA.
3.00 CONSENT AGENDA
AUDITOR 3.01 * Resolutions Confirming Proposition 4 Appropriation Limit Calculations for Fiscal
Year (FY) 2011-2012 - action requested - ADOPT RESOLUTIONS (2) AND
AUTHORIZE THE CHAIR TO SIGN.
BEHAVIORAL
HEALTH 3.02 * The Relents of the University of California -agreement with The Regents of the
University of California for support of the Butte County Family Treatment Court
Family Enrichment Support Team Project. The term of the agreement is September
30, 2010 through September 29, 2011 with a maximum amount payable of
$51,800.48 (department budget utilizing SAMHSA funding) -action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
3.03 * State of California Department of Rehabilitation (DOR) -agreement with DOR for
vocational rehabilitation services to adults and transitional age youth. The term of
the agreement is July 1, 2011 through June 30, 2012. DOR will contribute funding
and services in the amount of $400,968. Butte County Behavioral Health will
provide matching dollars in the amount of $159,156 -action requested -APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND ADOPT RELATED
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
CHIEF 3.04 * 2012 Board of Supervisors Meeting Calendar - action requested -APPROVE AND
ADMINISTRATIVE ADOPT 2012 REGULAR BOARD MEETING CALENDAR, AMENDING IF NEEDED.
OFFICE
3.05 * Tim Snellin~s -employment agreement with Tim Snellings as Director of
Development Services. The term of the agreement is October 31, 2011 through
October 30, 2012 with an annual salary of $157,777.88. This is the same rate as
the prior agreement -action requested -APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
PAGE 1 October 25, 2011
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -OCTOBER 25, 2011
3.06 * Debra Lucero & Associates -amendment to the agreement with Debra Lucero &
Associates for the countywide tourism and marketing program. The amendment
extends the term of the agreement through January 31, 2013 and increases the
maximum amount payable by $45,000 (department budget). Staff recommends
extending the existing agreement with Debra Lucero & Associates while the
County works toward the completion of a comprehensive countywide tourism
development strategy. This strategy was adopted by the Board as an action item in
General Plan 2030, and based on recent input from other jurisdictions within Butte
County, there is unanimous support for the strategy -action requested -APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
CouNTV COUNSEL 3.07 * Liebert Cassidy Whitmore -agreement with Liebert Cassidy Whitmore for attorney
services to assist in labor and employment related matters. The effective date of
the agreement is November 1, 2011 -action requested -APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER.
DEVELOPMENT 3.08 * Butte County Land Conservation (Williamson) Act Consistency Review of Lot Line
SERVICES Adjustment (LLA) 10-0016 -request by Loafer Creek LLC and Dennis McCosker to
modify the Williamson Act contract on their properties to reflect an LLA between
APN 047-220-008 AND 047-220-011 (LLA10-0016). On September 12, 2011, the
Butte County Land Conservation (Williamson) Act Advisory Committee
recommended to the Board approval of the contract amendment -action
requested -FIND LLA10-0016 TO BE CONSISTENT WITH THE WILLIAMSON ACT
WITH THE ADDITION OF DEED RESTRICTION; AND APPROVE MODIFICATION OF
THE APPLICABLE CONTRACT TO INCLUDE MODIFIED LEGAL DESCRIPTIONS.
3.09 * Certification of Consistency with Butte County Oak Woodlands Management Plan
The Northern California Regional Land Trust is submitting an application to the
California Wildlife Conservation Board to fund the acquisition of a conservation
easement on four privately owned properties located approximately 4 miles
southeast of Forest Ranch on Ten Mile House Trail, 1.25 miles from SR-32 (APNs:
063-020-012, 056-390-035, 063-020-051, 056-390-038, 056-390-037, & 056-390-
036). The complete application must contain a certification from the County that
the project is consistent with the County's Oak Woodlands Management Plan as
required by the Oak Woodlands Conservation Act and Butte County Resolution 07-
084 -APPROVE CERTIFICATION AND AUTHORIZE THE CHAIR TO SIGN.
PAGE 2 October 25, 2011
BUTTE COUNTY BOARD OF SUPERVISORS
EMPLOYMENT AND
SOCIAL SERVICES
GENERAL
SERVICES
PAGE 3 October 25, 2011
AGENDA -OCTOBER 25, 2011
3.10 * Request to Extend Temporary AssiEnment to a HiEher Level Classification -Per
Personnel Rules 11.16, temporary assignments to higher level positions may be
approved by the Department not to extend beyond 90 days. The Human Resources
Department may approve an additional 90-day extension. A temporary assignment
began on 5/2/11 for 90 days and was subsequently extended by the Human
Resources Director for an additional 90 day period that will end on 11/2/11. The
Department of Employment and Social Services is seeking authority to extend a
current out-of-class assignment for an employee temporarily assigned the duties
of Supervisor, Social Work in the absence of the incumbent due to a long term
leave of absence - action requested - REQUEST TO EXTEND TEMPORARY
ASSIGNMENT TO A HIGHER CLASSIFICATION FOR AN ADDITIONAL 180 DAYS OR
UNTIL THE INCUMBENT RETURNS TO WORK.
3.11 * First 5 Butte County Children & Families Commission (BCCFC) -agreement with
BCCFC for the Parent Education Experiential Resource (PEER) Program. The term of
the agreement is July 1, 2011 through June 30, 2012 with a maximum amount
receivable of $92,950 -action requested -APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER; AND APPROVE RELATED BUDGET ADJUSTMENTS.
3.12 * Guillon Inc. -lease agreement with Guillon Inc. for property located at 205 Mira
Loma Drive, Suite 30 in Oroville. The location will be utilized by the Butte County
Clerk-Recorder/Registrar of Voters. The term of the agreement is November 1,
2011 through October 31, 2013 with a monthly rate of $5,430.82 ($0.67589 per
square foot including a variable monthly Common Area Maintenance rate)
(department budget). This is a decrease from the prior lease amount -action
requested -APPROVE LEASE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
3.13 * Guillon Inc. -lease agreement with Guillon Inc. for property located at 205 Mira
Loma Drive, Suite 40 in Oroville. The location will be utilized by the Butte County
Public Health Department. The term of the agreement is November 1, 2011
through October 31, 2013 with a monthly rate of $1,657 ($0.500 per square foot
including a variable monthly Common Area Maintenance rate) (department
budget). This is a decrease from the prior lease amount -action requested -
APPROVE LEASE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
3.14 * Guillon Inc. -lease agreement with Guillon Inc. for property located at 205 Mira
Loma Drive, Suite 50 in Oroville. The location will be utilized by the Butte County
Department of Employment and Social Services. The term of the agreement is
November 1, 2011 through October 31, 2018 with a monthly rate of $12,885.68
($0.76774 per square foot including a variable monthly Common Area
Maintenance rate) (department budget). This is a decrease from the prior lease
amount -action requested -APPROVE LEASE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -OCTOBER 25, 2011
3.15 * Allana, Buick &Bers, Inc. -agreement with Allana, Buick &Bers, Inc. for the
evaluation of the roof, HVAC assesmbly, design and permit specifications, and
construction administration at Fire Station 72 in Palermo. The term of the
agreement runs through June 30, 2012 with a maximum amount payable of
$31,590 (department budget) -action requested -APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER.
HUMAN 3.16 Adoption of Salary Ordinance for FY 2011-2012 - The department has prepared a
ResouRCes salary ordinance for FY 2011-2012 that incorporates position changes already
approved in FY 2011-2012, previously approved negotiated changes, and
outstanding obligations. 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.
Section 57: Salary Plan for Classified Positions. Identifies the Classified Positions
and the appropriate salary designation per classification by employee association
unit. The effective date of all salary tables for Classified Positions is listed on the
specific tables. This includes 2012 and 2013 wage increases that were negotiated
with different bargaining groups. These effective dates may vary depending on
individual bargaining units.
Section 58: Salary Plan for Elected and Aooointed Officials. Identifies the
appropriate salary designation for appointed and elected officials. This includes
2012 and 2013 wage increases that were agreed upon by the Appointed Officials
and the Consumer Price Index (CPI) deferral from 2008 for the effected Appointed
Department Heads.
Section 59: Payment of Salaries and Wades. 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. 4014, 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 25, 2011. Within fifteen (15) days after its passage, a summary shall
be published with names of those supervisors voting for and against it, and a
certified copy of the full text shall be posted in the Office of the Clerk of the Board
of Supervisors -action requested -ADOPT ORDINANCE AND AUTHORIZE THE
CHAIR TO SIGN. (FROM 10-11-11 [Item 4.08])
PAGE 4 October 25, 2011
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -OCTOBER 25, 2011
3.17 * Resolution to Amend the Salary Ordinance -The combination of the changes
below will increase the total County allocations by thirty-three positions.
Human Resources: requests to add the classification of Fleet Administrative
Assistant (Class Codes 1061) to Section 57, reference C of the Salary Ordinance
titled, "General Unit (BCEA) Classifications". The salary range for this classification
shall be set at 28. This new classification was agreed to by both the Department of
Human Resources and the applicable Employee Association.
Public Works: Concurrent with the request by Human Resources above, the Public
Works department is requesting to reclassify one position of Inventory Warehouse
Specialist, Senior to a Fleet Administrative Assistant position. This change better
reflects the duties currently being performed by the incumbent and helps address
the current and future operational needs of the Fleet Services Division of the
department. This reclassification was agreed to by both the applicable Employee's
Association and the Human Resources Department. The increase in cost of
approximately $1,978 for this fiscal year will be funded by salary savings from
vacant positions in the department. This change will leave the total allocations in
the department unchanged.
Public Health: requests to delete one vacant position of Financial Technician,
Senior/Financial Technician and add one position of Administrative Analyst,
Senior/Administrative Analyst/Administrative Analyst, Associate. This change is to
address operational needs for the Finance Division of the department. The
increase in cost of approximately $8,962 for this fiscal year was included in the
department's approved FY 2011-2012 budget. This change will leave the total
allocations in the department unchanged.
Employment & Social Services: The department requests the following changes:
1. Add the following positions to budget unit 570-001: three Office Specialist,
Senior/Office Specialist/Office Assistant positions; one Account Clerk,
Senior/Account Clerk position; one Information Systems Technician,
Senior/Information Systems Technician/Information Systems Technician,
Associate position; and one Administrative Assistant, Senior position.
These administrative support positions will help support our new
CaIWORK's and Medi-Cal units being added and other department
operational needs. The costs for these positions are funded with
unanticipated revenue from CaIWORK's, Medi-Cal and Cal Fresh State
Allocations. There will be no unbudgeted impacts to the County General
Fund. These changes will increase the allocations in budget unit 570-001
from 163 to 169;
2. Add the following positions to budget unit 570-003: two Supervisor,
Employment & Eligibility positions; four Employment & Eligibility
Specialist, Senior positions; eight Employment & Eligibility Specialist
positions; and ten Eligibility Specialist positions. These positions will
support the increased demand for services by Butte County citizens as a
result of Butte County's poor economic conditions and high
PAGE 5 October 25, 2011
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -OCTOBER 25, 2011
unemployment rate. The costs for these positions are funded with
unanticipated revenue from CaIWORK's, Medi-Cal and Cal Fresh State
Allocations. There will be no unbudgeted impacts to the County General
Fund. These changes will increase the allocations in budget unit 570-003
from 241 to 265; and
3. Add the following positions to budget unit 570-004: two Social Worker
Senior/Social Worker positions. These positions will provide for enhanced
service delivery to families who are eligible for CaIWORK's consistent with
statewide recognized models like B 429 and "Linkages". The costs for these
positions are funded with unanticipated revenue from CaIWORK's State
Allocations. There will be no unbudgeted impacts to the County General
Fund. These changes will increase the allocations in budget unit 570-003
from 114 to 116 - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN.
INFORMATION
SYSTEMS 3.18 * Budget Adjustment -request to accept $20,000 from T-Mobile for increased
propane fuel and maintenance costs of the County microwave facilities -action
requested -APPROVE BUDGET ADJUSTMENT.
LIBRARY 3.19 * Library Donations -The Library has received the following donations for books:
$100 from Maudie A. Penney and $500 from Jim and Mary Johnson -action
requested -ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION.
3.20 * Library Hours -Due to upcoming holidays, approval is requested to close library
branches at 5:00 p.m. on November 23, 2011 and at 12:00 p.m. on December 24tH
and 31St -action requested -APPROVE CHANGE TO LIBRARY HOURS.
PROBATION 3.21 * Paradise Unified School District (PUSD) - agreement with PUSD for a
truancy/probation officer. The term of the agreement is July 1, 2011 through June
30, 2012 with a maximum amount payable of $40,000 (department budget) -
action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
3.22 * Aegis USA, Inc. -agreement with Aegis USA, Inc. for transcription services. The
term of the agreement is July 1, 2011 through June 30, 2014 with a maximum
amount payable of $45,000 (department budget) -action requested -APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
3.23 * Northern Valley Catholic Social Services (NVCSS) -amendment to the agreement
with NVCSS for weekly educational services at the Butte County Juvenile Hall. The
amendment increases the maximum amount payable by $35,000 (department
budget) - action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER.
PAGE 6 October 25, 2011
BUTTE COUNTY BOARD OF SUPERVISORS
Pusuc
WORKS
SHERIFF-
CORONER
PAGE 7 October 25, 2011
AGENDA -OCTOBER 25, 2011
3.24 * Resolution AuthorizinE Reimbursement from County Service Area 24 (CSA 24) to
the City of Chico for FEMA Accreditation of Non-Urban Levees in the Chico Urban
Area -the proposed resolution provides for the authorization to reimburse the
City of Chico from CSA 24 for their work to accredit the non-urban levees -action
requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND
APPROVE RELATED BUDGET ADJUSTMENT (4/5 vote required).
3.25 * Fixed Asset Purchase -request for the fixed asset purchase of a portable generator
for the Neal Road Waste and Recycling Facility. It is estimated the cost of the
generator will be $10,000 -action requested -APPROVE BUDGET ADJUSTMENT
AND FIXED ASSET PURCHASE.
3.26 * Resolution Aooroving Aoolication for the Farm and Ranch Cleanuo and Abatement
Grant -The Farm and Ranch Cleanup Abatement Grant has $1,000,000 available
for the cleanup and abatement of eligible illegal dump sites in the county -action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN;
AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO ACT AS AGENCY APPLYING FOR
THE GRANT; AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO EXECUTE ALL
NECESSARY APPLICATIONS.
3.27 * Introduction of an Ordinance EstablishinE Speed Limit on La Porte Road -
proposed is an ordinance which will set the following speed zone: La Porte Road
from 0.5 miles west of Binet Road to 1.25 miles east of Binet Road 35 mph -action
requested -WAIVE THE FIRST READING OF THE ORDINANCE.
3.28 * Butte Meadows Hillsliders Snowmobile Club -agreement with the Hillsliders
Snowmobile Club to groom snowmobile trails and provide roadway snow removal
for winter recreation in Butte County. The term of the agreement is November 1,
2011 through June 2014 with a maximum amount payable of $180,000
(department budget) -action requested -APPROVE AGREEMENT AND AUTHORIZE
DIRECTOR OF PUBLIC WORKS TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER.
3.29 * 2011 Local Justice Assistance Grant (JAG) ProEram -request to accept $14,702 in
grant funding from the Chico Police Department for the purchase of safety vests
for front line officers -action requested -APPROVE BUDGET ADJUSTMENT (4/5
vote required); RATIFY SHERIFF SMITH'S SIGNATURE ON THE MOU BETWEEN THE
CITY OF CHICO AND THE COUNTY OF BUTTE; AND DESIGNATE THE SHERIFF'S
OFFICE TO SUBMIT REQUIRED FINANCIAL STATEMENTS AND DOCUMENTATION TO
THE CITY OF CHICO.
3.30 * Paradise Unified School District -agreement with Paradise Unified School District
for a school resource officer. The term of the agreement is August 1, 2011 through
June 30, 2012 with a maximum amount payable of $20,664 (department budget) -
action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -OCTOBER 25, 2011
TREASURER
TAX COLLECTOR 3.31 * Butte County Superior Court -amendment to the agreement with Butte County
Superior Court for the Enhanced Collection and Compliance Program. The
amendment increases the maximum amount payable by $21,000 (department
budget) - action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER.
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 Items Removed from the Consent Agenda for Board Consideration and Action.
PRESENTATION AND
DISCUSSION ITEMS
4.04 * Recommended FY 2011-2012 Department of Social Services (DESS) Budget
Adjustments -DESS was recently notified by the California Department of Social
Services that Butte County's allocations for CaIWORKs and Cal Fresh have
increased from last fiscal year. The allocations for the administration of the Medi-
cal program also been increased by the California Department of Health Care
Services (DHCS). State allocations for social service programs have increased in
recent years in an attempt to meet the demand for public services and assistance.
DESS requests approval of budgetary and position allocation adjustments to
accommodate the service demands in Butte County. There will be a total of 33
positions added to the department due to these changes. Of the 33 positions being
added, only two of these positions will cause an insignificant fiscal impact (1 Info.
Systems Tech. and 1 Admin. Assistant, Senior). All of the other 31 positions will be
fully covered by State and Federal funds. The total estimated annual fiscal impact
is $5,000 or less. In the current fiscal year, the fiscal impact is not expected to
exceed $2,500 -action requested -APPROVE BUDGET ADJUSTMENTS (4/5 vote
required) IN THE AMOUNT OF $1,444,352 FOR FUND 20 AND $24,801 FOR FUND
10. (Department of Employment and Social Services)
PAGE 8 October 25, 2011
BUTTE COUNTY BOARD OF SUPERVISORS
S.OO PUBLIC HEARINGS AND TIMED ITEMS
AGENDA -OCTOBER 25, 2011
9:45 A.M. 5.01 * Timed Item -Request for Easement Across County "No Access Strips" - At the
September 13, 2011 Board of Supervisors meeting a resolution was passed
granting access to an easement across two County owned one foot no access strips
in the Forest Ranch area. There were questions regarding the placement of utilities
and after a field review of the subdivision the Public Works Department has the
following recommendations: authorize the Chair to execute an easement in favor
of Mr. Houar allowing ingress and egress over the one foot no access strips in a
manner consistent with his current rights to use the subdivisions roads, subject to:
1) review by Public Works and County Counsel; 2) Mr. Houar's agreement to
participate in the maintenance of the Vineyard Vista Subdivison's roads; 3)
restricting the use of said easement to that which is consistent with a single family
residential use; and 4) require undergrounding utilities except for the power main,
which can be overhead until it comes off the pole and is to be place underground
to the point of service and thence to the house -action requested -APPROVE
RECOMMENDATIONS AS LISTED ABOVE. (Public Works)
10:00 A.M. 5.02 * Public HearinE -Assembly Bill (AB) 1265 -Potential Amendment of Butte County's
Williamson Act ProEram - In response to substantially reduced subvention
payments and thus increased impacts to local government budgets under the
Williamson Act, the State has adopted new legislation allowing local jurisdictions
to amend their Williamson Act programs. AB 1265 allows counties to modify their
Williamson Act contracts in order to restore a portion of the property tax revenues
otherwise foregone under the Act. The program may be implemented in any year
in which the previous year's subvention payment was less than one-half of the
foregone property tax revenues, as was the case in 2011. The program sunsets in
2016. Staff and the Land Conservation (Williamson) Act Advisory Committee
recommend implementation of the program in 2012, subject to the County's
continuing acceptance of applications for new Williamson Act contracts.
Implementation of the program would revise the term of affected Williamson Act
contracts in the county from 10 years to 9 years and restore approximately 40
percent of the property tax revenues otherwise foregone under the Act -action
requested -ADOPT RESOLUTION IMPLEMENTING AN AMENDED WILLIAMSON ACT
PROGRAM UNDER AB 1265 IN 2012 AND AUTHORIZE THE CHAIR TO SIGN.
(Development Services)
PAGE 9 October 25, 2011
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -OCTOBER 25, 2011
1:00 P.M. 5.03 * Public HearinE -Adoption of an Ordinance AddinE Article I, Entitled "Marijuana
Dispensaries," Chapter 34B -The proposed Marijuana Dispensaries Ordinance
adding Chapter 34B to the Butte County Code prohibits the establishment and
operation of Marijuana Dispensaries (i.e. fixed or mobile facilities where marijuana
is made available for medical purposes) in the unincorporated area of Butte
County. Ordinance 4015, which constituted an interim urgency ordinance
prohibiting Marijuana Dispensaries, will expire in January 2012. On October 13,
2011, the Butte County Planning approved a resolution recommending approval of
the proposed ordinance -action requested -ADOPT ORDINANCE AND AUTHORIZE
THE CHAIR TO SIGN. (County Counsel)
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.
7.00 CLOSED SESSION
7.01 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
10. INFORMATION SERVICES DIRECTOR
11. LIBRARY DIRECTOR
12. PUBLIC HEALTH DIRECTOR
13. PUBLIC WORKS DIRECTOR
14. WATER AND RESOURCE CONSERVATION DIRECTOR
7.02 ACTUAL LITIGATION PURSUANT TO GOV. CODE SECTION 54956.9(a): 4 CASES
1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100);
2. SOLANO COUNTY WATER AGENCY v. CALIFORNIA DWR, SACRAMENTO
SUPERIOR COURT CASE NO. 016338;
3. BEC v. COUNTY OF BUTTE; BUTTE COUNTY SUPERIOR COURT CASE NO.
152362;
4. BUTTE COUNTY EMPLOYEE ASSOCIATION v. BUTTE COUNTY (GRIEVANCE
NO 08-01-01.
PAGE 10 October 25, 2011
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 25, 2011
7.03 POTENTIAL LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9(c) - 1 POTENTIAL
CASE - US FOREST SERVICE/PLUMAS NATIONAL FOREST TRAVEL MANAGEMENT
PLAN.
7.04 CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE
SECTION 54957.6:
LABOR NEGOTIATORS: JACK HUGHES & BRIAN RING
EMPLOYEE
ORGANIZATIONS: BCEA, SSW, BCMEA, PPOA, PEA,
DSA -MANAGEMENT/SUPERVISORY UNIT,
DSA-GENERAL UNIT,
BCCOA -SUPERVISORY UNIT,
BCCOA -GENERAL UNIT.
PAGE 11 October 25, 2011
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -OCTOBER 25, 2011
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, a-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
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October 25, 2011