HomeMy WebLinkAboutA120809
BCBS
UTTEOUNTYOARD OF UPERVISORS
A
GENDA
D8,2009
ECEMBER
County Supervisors
Bill Connelly, District 1
Jane Dolan, District 2
Maureen Kirk, District 3
Steve Lambert, District 4
Kim Yamaguchi, District 5
Scott Tandy, Interim Chief Bruce Alpert, County Counsel
Administrative Officer and
Clerk of the Board
BCBSA-D8,2009
UTTEOUNTY OARD OF UPERVISORS GENDA ECEMBER
1.00CO
9:00..
ALL TO RDER
AM
1.01Call to Order - Board of Supervisors Room, County
Administration Building, 25 County Center Drive,
Oroville.
1.02Pledge of Allegiance to the Flag of the United States
of America.
1.03Observation of a Moment of Silence.
2.00C/CA.
ORRECTIONS ANDORHANGES TO THE GENDA
3.00CA
ONSENTGENDA
3.01*Request of the Thompson Flat Cemetery District for a
A
UDITOR
3-Year Audit Period - The adoption of AB 2510 (La
Malfa) in 2008 modified Government Code Section
26909(b)(3) which allowed special districts to replace
the required annual audit with an audit to be conducted
at specified intervals as recommended by the County
Auditor. On October 27, 2009, the District Board of
Trustees unanimously adopted a resolution requesting
the extended audit period - action requested -
UNANIMOUSLY APPROVE THOMPSON FLAT CEMETERY DISTRICT’S
REQUEST FOR A 3-YEAR AUDIT PERIOD.
3.02*Resolution Recognizing Kenneth G. Wiley Upon His
Retirement from Butte County - action requested -ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
B
EHAVIORAL
3.03*Butte County Behavioral Health Board - action
H
EALTH
requested - APPOINT LAFAYETTE CLARK, COMMUNITY MEMBER
AND KEVEN PARTRIDGE, CONSUMER MEMBER TO TERMS TO END
DECEMBER 31, 2012.
3.04*Best, Best, & Krieger - amendment - approval is
requested for an amendment to the agreement with Best,
Best, & Krieger for the provision of legal services
related to administrative appeals and other areas
requiring legal services. The amendment increases the
maximum amount payable by $10,000 (department budget
utilizing realignment funds). All other terms and
provisions remain the same - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Contract No. X15943)
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3.05*Kelly Services, Inc. - amendment - approval is
requested for an amendment to this agreement for the
provision of payroll services for Behavioral Health
consumers who are participating in work experience and
training programs. The amendment increases the maximum
amount payable by $25,000 (department budget utilizing
Mental Health Services Act (MHSA) funds). All other
terms and provisions remain the same - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER. (Contract No. X17958)
3.06*Country Villa Merced Behavioral Health - amendment -
approval is requested for an amendment to this
agreement for the provision of community mental health
services for chronic mentally disordered patients.
Because a client moved to another facility, this
amendment decreases the maximum amount payable by
$55,790.60 - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract
No. X17873)
th
3.07*7 Avenue Center - amendment - approval is requested
th
Avenue Center
for an amendment to the agreement with 7
which provides beds and services to Behavioral Health
clients who are in need of 24-hour skilled nursing
services. Because a client moved to another facility,
this amendment decreases the maximum amount payable by
$66,265 - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract
No. X17872)
3.08*Accept Unanticipated Revenue - approval is requested to
accept and appropriate a total of $555,597 in unspent
MHSA funds and Substance Abuse and Mental Health
Services Administration (SAMHSA) funds from fiscal year
2008/2009. These funds are allowed to be carried over
into fiscal year 2009/2010 - action requested - APPROVE
BUDGET TRANSFER (4/5 vote required) ACCEPTING AND
APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT.
3.09*Accept Unanticipated Revenue - approval is requested to
accept and appropriate $65,400 in MHSA Prevention and
Early Intervention (PEI) Training, Technical
Assistance, and Capacity Building funds - action
requested - APPROVE BUDGET TRANSFER (4/5 vote required)
ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE
AGENDA REPORT.
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BCBSA-D8,2009
UTTEOUNTY OARD OF UPERVISORS GENDA ECEMBER
3.10*Youth With A Mission - amendment - approval is
requested for an amendment to the facility use
agreement with Youth With A Mission for the Youth
Development Summit which was held at the Springs of
Living Water Conference grounds on October 7-10, 2009.
The amendment increases the maximum amount payable by
$2,224.26 (department budget utilizing State Department
of Alcohol and Drug Program funds). The increase is a
result of an increased number of registrants for the
conference - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract
No. X17966)
3.11*California Mental Health Services Authority (CMHSA)
Resolution - On October 27, 2009, the Board of
Supervisors adopted Resolution 09-154 which approved
Butte County’s participation in CMHSA, which is a Joint
Powers Authority (JPA) that has been developed to
combine resources and efforts to perform administrative
requirements and duties related to five statewide MHSA
Prevention and Early Intervention Projects. On
October 27, the staff report and the adopted resolution
erroneously identified the JPA’S name. The department
has submitted a corrected copy of the resolution for
approval - action requested - RESCIND RESOLUTION NUMBER
09-154; AND ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN.
3.12*Department of Alcohol and Drug Programs (ADP) -
amendment - approval is requested for an amendment to
the Combined Negotiated Net Amount (NNA) and Drug/Medi-
Cal revenue agreement with ADP. The amendment increases
the funding for fiscal year 2009/2010 by $21,844 -
action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER; AND ADOPT RELATED
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
3.13*Esplanade Enterprises, Inc. dba Merit Medi-Trans,
Inc. - amendment - approval is requested for an
amendment to the agreement with Esplanade Enterprises,
Inc. for the provision of Emergent and Non-Emergent
client transportation services. The amendment
increases the maximum amount payable by $20,000
(department budget utilizing State Managed Care
revenue) – action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Contract No. X17822)
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3.14*First Responder Emergency and Medical Services, Inc. -
approval is requested for an amendment to this
agreement for the provision of emergent and non-
emergent client transportation services. The amendment
increases the maximum amount payable by $10,000
(department budget utilizing realignment funds) –
action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No.
X17902)
B
OARD OF
3.15*Appointment of Sheriff-Coroner - Sheriff Perry Reniff
S
UPERVISORS
announced his retirement effective December 30, 2009.
The qualifications of Sheriff are detailed in
Government Code Section 24004.3(a) which requires that
the candidate either hold an advanced certificate
issued by the Commission on Peace Office Standards and
Training or meet one of four listed conditions
outlining a combination of experience and education.
At the November 10, 2009 Board of Supervisors meeting,
a motion of intent was unanimously approved to appoint
Captain Jerry Smith to the position of Sheriff-Coroner.
Captain Smith holds the required advanced certificate
and also meets the education and experience
criteria - action requested - APPOINT CAPTAIN JERRY
SMITH AS THE BUTTE COUNTY SHERIFF-CORONER EFFECTIVE
DECEMBER 30, 2009.
3.16*Resolution Regarding the Salary and Benefits of Elected
Officials - consideration of a resolution which details
recommendations from the Compensation Committee -
action requested - ADOPT RESOLUTION AND AUTHORIZE THE
CHAIR TO SIGN.
3.17*Resolution Regarding the Salary and Benefits of
Appointed Department Heads - consideration of a
resolution which details recommendations from the
Compensation Committee - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
3.18*Letter of Support - Henri Brachais, Chief of CAL FIRE
Butte Unit/Butte County Fire, has announced his
retirement effective December 30, 2009. His successor
will be selected by the Director of CAL FIRE. Deputy
Chief George Morris has applied for the position. It
is requested that the Board support the selection of
George Morris for the CAL FIRE Butte Unit/Butte County
Fire Chief position - action requested - APPROVE
LETTER OF SUPPORT AND AUTHORIZE THE CHAIR TO SIGN.
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3.19*Resolution Recognizing Karen Hellar Upon Her Retirement
from Butte County - action requested - ADOPT RESOLUTION
AND AUTHORIZE THE CHAIR TO SIGN.
C
HIEF
A
DMINISTRATIVE
3.20*Appointment of Interim Chief Administrative Officer,
O
FFICE
Scott Tandy - ratification is requested for a temporary
employment agreement with Scott Tandy for the position
of Interim Chief Administrative Officer. The term of
the agreement is for six months beginning November 23,
2009. The terms of the agreement include $20,000 per
month in compensation and $4,000 per month to cover
temporary living expenses - action requested - RATIFY
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
3.21*Approval of Minutes - action requested - APPROVE
MINUTES OF OCTOBER 27, 2009.
C-
LERK
R/
ECORDER
3.22*Resolution Approving Applications for Funds Under the
E
LECTIONS
Help America Vote Act of 2002 - consideration of a
resolution approving application for funds available
through the Help America Vote Act (HAVA) of 2002 -
action requested - ADOPT RESOLUTION AND AUTHORIZE THE
CHAIR TO SIGN; AND AUTHORIZE THE COUNTY CLERK-RECORDER
TO EXECUTE ALL NECESSARY DOCUMENTS RELATED TO THE
APPLICATION.
C
OUNTY
3.23*Approval of Agreement for Bruce S. Alpert, County
C
OUNSEL
Counsel - approval is requested a new agreement with
Bruce S. Alpert for the position of County Counsel.
The term of the agreement is December 8, 2009 through
December 7, 2013 with a annual salary of $191,007 -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER.
D
EVELOPMENT
3.24*Butte County Land Conservation Act Advisory Committee -
S
ERVICES
action requested - APPOINT HOLLY FOSTER AS FARM BUREAU
REPRESENTATIVE.
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BCBSA-D8,2009
UTTEOUNTY OARD OF UPERVISORS GENDA ECEMBER
3.25*Request to Amend Conveyance of Development Rights and
Open Area Easement - consideration of a request by
David Chinchen for approval of an Amended Conveyance of
Development Rights and Open Area Easement in order for
the “Non-Development” Easement related to a 1981
homesite segregation reflects the changes to the legal
description of the two parcels of land resulting from
the approved Lot Line Adjustment LLA07-0006. The
parcels are located west of the Nelson Avenue and
Highway 99 intersection, east of the communities of
Nelson and Richvale - action requested - APPROVE THE
AMENDED CONVEYANCE OF DEVELOPMENT RIGHTS AND OPEN AREA
EASEMENT.
3.26*New Williamson Act Contracts - approval is requested
for six new Williamson Act contracts. The applicants’
names and applicable parcel numbers are: 1) Clinton
and Gail Moffitt, APNs 025-130-018, 042 totaling 145
acres; 2) Robert and Betty Storm, APNs 021-060-001
totaling 105 acres; 3) Nosej Farms, APNs 022-050-022,
023 totaling 313 acres; 4) Joe Justeson, APN 021-050-
031 totaling 127 acres; 5) Sean and Jennifer Fenn, APNs
038-100-013 and 038-110-001 totaling 1,267 acres; and
6) Johnson Family Farms, APNs 038-130-025,027, 048,
and 049 totaling 808 acres. Additional details are
available in the agenda report - action requested -
APPROVE THE WILLIAMSON ACT CONTRACTS WITH THE
DETERMINATION THAT THE CONTRACTS ARE EXEMPT FROM CEQA
UNDER CATEGORICAL EXEMPTION SECTION 15317.
E
MPLOYMENT
S
ANDOCIAL
3.27*Butte County District Attorney’s (DA) Office - approval
S
ERVICES
is requested for an agreement with the DA’s office for
the implementation of the In-Home Supportive Services
Program Integrity and Fraud Investigations Plan. The
term of the agreement is January 1, 2010 through June
30, 2010 with a maximum amount payable of $111,054.
The Plan does require a County match of $32,244 from
Contingencies. Approval is also requested for a fixed
asset purchase in the amount of $20,000 for a mid-sized
sedan which will be used by the DA investigators -
action requested - 1) APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER; 2) APPROVE BUDGET
TRANSFERS (4/5 vote required) ACCEPTING AND
APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT;
AND 3) AUTHORIZE THE FIXED ASSET PURCHASE OF A SEDAN.
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UTTEOUNTY OARD OF UPERVISORS GENDA ECEMBER
3.28*Mooretown Rancheria - approval is requested for this
F
IRE
revenue agreement for the provision of certain fire
dispatch services within the Mooretown Rancheria. The
term of the agreement is July 1, 2009 through June 30,
2012 with per call dispatch fees as follows: 1) $40 per
incident in fiscal year (FY) 2009/2010; 2) $45 per
incident in FY 2010/2011; and 3) $50 per incident in FY
2011/2012 - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
G
ENERAL
3.29*Chico Veterans Memorial Hall Committee - action
S
ERVICES
requested - APPOINT HENNIE VAN DE VELDE, DELEGATE AND
RON MATHESON, ALTERNATE, CARING VETERANS INC. TO TERMS
TO END JUNE 30, 2010.
3.30*Surplus Vehicles - approval is requested to surplus a
total of sixteen vehicles from various departments. As
detailed in the agenda report, these vehicles are in
need of costly repairs, are not currently working, or
are obsolete - action requested - DECLARE SURPLUS THE
VEHICLES DETAILED IN AGENDA REPORT AND REMOVE EACH FROM
FIXED ASSET LEDGER.
3.31*Resolution Authorizing Application for Assistance from
the California Energy Commission (CEC) Energy
Partnership Program - consideration of a resolution
approving an application for technical assistance from
CEC in preparing the application for an American
Recovery & Reinvestment Act (ARRA) 1% loan - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN; AND AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER TO
EXECUTE ALL NECESSARY DOCUMENTS RELATED TO THE
APPLICATION.
3.32*Resolution Authorizing the Submission of an Application
to the Department of Housing and Urban Development
(HUD) - consideration of a resolution approving an
application for Economic Development Initiative funds.
The funding has been appropriated to the County, but
HUD requires the County submit a specific form -
action requested - ADOPT RESOLUTION AND AUTHORIZE THE
CHAIR TO SIGN; AND AUTHORIZE THE CHIEF ADMINISTRATIVE
OFFICER TO EXECUTE ALL NECESSARY DOCUMENTS RELATED TO
THE APPLICATION.
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H
UMAN
3.33*Resolution to Amend the Salary Ordinance - the
R
ESOURCES
department has prepared a resolution which will amend
the salary ordinance as follows:
EMPLOYMENT AND SOCIAL SERVICES - requests to add one
sunset position of Social Worker to end June 30, 2010.
This position is being added for the In-Home Supportive
Services (IHSS) Program Integrity and Fraud
Investigation Services and will be funded by a
combination of additional allocations received by the
State and local discretionary matching funds, upon
approval of the Board. This change will increase the
total allocations in the department from 557.4 to
558.4.
PUBLIC HEALTH - requests to delete the following
positions: one-half position of Public Health Nurse,
Senior/Public Health Nurse/Public Health Nurse,
Associate/Staff Nurse, Senior/Staff Nurse/ Staff Nurse,
Associate; one position of Medical Records Technician,
Senior/Medical Records Technician; one position of
Administrative Assistant; and one position of Public
Health Education Specialist, Senior/Public Health
Education Specialist/ Public Health Education
Specialist, Associate.
The Public Health Department also requests to add the
following: three-quarter position of Public Health
Nurse, Senior/Public Health Nurse/Public Health Nurse,
Associate/Staff Nurse, Senior/Staff Nurse/ Staff Nurse,
Associate; one position of Public Health Assistant,
Senior/Public Health Assistant; one position of
Financial Technician, Senior/Financial Technician; and
one position of Supervisor, Public Health Education.
Due to restructuring and shifting of duties within the
department, the positions being added will more closely
reflect the duties and tasks that need to be performed
in the department. The positions being added will be
funded by salary savings from the vacant positions
being deleted. These changes will increase the total
allocations in the department from 162.05 to 162.30.
DISTRICT ATTORNEY - requests to add the following: one
sunset position of Investigator II/I; and one sunset
position of Investigative Assistant. Both positions
will end June 30, 2010. These positions are being
added to establish a fraud investigation component for
the IHSS Program this is in conjunction with the
Employment & Social Services Department. Funding for
both positions will be provided by the Employment &
Social Services Department per an MOU Agreement which
will be funded with a combination of additional
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allocations received by the State and local
discretionary matching funds, upon approval of the
Board. These changes will increase the total
allocations in the department from 83.5 to 85.5 -
action requested - ADOPT RESOLUTION AND AUTHORIZE THE
CHAIR TO SIGN.
3.34*California Public Library Survey - submitted is the
L
IBRARY
annual California Public Library Survey for fiscal year
2008/2009 - ACCEPT FOR INFORMATION.
3.35*Library Holiday Hours Adjustment - approval is
requested to close library branches at 5:00 p.m. on
December 24, 2009 and December 31, 2009. The Chico
Branch would normally be open until 8:00 p.m., and the
Paradise Branch would normally be open until 7:00 p.m.
No other branches will be impacted - action requested -
AUTHORIZE THE LIBRARY TO CLOSE AT 5:00 ON DECEMBER 24
AND DECEMBER 31, 2009.
3.36*Accept Unanticipated Revenue - approval is requested to
P
ROBATION
accept $12,520 received through the Standards and
Training for Corrections (STC) Program for required
probation officer training - action requested - APPROVE
BUDGET TRANSFER (4/5 vote required) ACCEPTING AND
APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT.
P
UBLIC
3.37*Clean King by DeHart - amendment - approval is
H
EALTH
requested for an amendment to the agreement with Clean
King by DeHart for the provision of janitorial services
at 82 Table Mountain Boulevard in Oroville, CA. The
amendment extends the term of the agreement through
June 30, 2010 and increases the maximum amount payable
by $4,908 (department budget) - action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Contract No. X15863)
3.38*California Department of Public Health (CDPH) -
approval is requested for a revenue agreement with CDPH
to provide funding for the implementation of the
pandemic H1N1 influenza vaccination program. The term
of the agreement is July 31, 2009 through July 30, 2010
with a maximum amount receivable of $420,974 - action
requested - APPROVE AGREEMENT AND AUTHORIZE CHAIR TO
SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER; AND APPROVE RELATED BUDGET TRANSFER
(4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS
AS DETAILED IN THE AGENDA REPORT.
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UBLIC
3.39Adoption of an Ordinance Amending Article I, Entitled
W
ORKS
“Grading,” of Chapter 13, Entitled “Grading and
Mining,” of the Butte County Code - consideration of a
proposed ordinance which includes revisions to Section
13-5.1 which is a provision for a Determination of
Exemption on grading projects of over 50 cubic yards
but less than 1,000 cubic yards that do not qualify for
a standard exemption - action requested - ADOPT
ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 11-
10-09 [Item 5.05])
3.40*Contract Change Order and Notice of Completion for
Overlay of Midway from Richvale Highway to Western
Canal, County Project No. AC-2009-01 - approval is
requested for this change order which provides
additional funding for the placement of pavement
reinforcing fabric on the Richvale Highway and
increases the original engineer’s estimate to reflect
the quantities actually placed during the project. All
contract work has been completed in accordance with the
plans and specifications - 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.
3.41*Notice of Completion - Construction of Aguas Frias Road
Bridge, County Project No. 23201-95-1 - All contract
work has been completed in accordance with the plans
and specifications - action requested - ACCEPT CONTRACT
WORK AND AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF
COMPLETION; AND AUTHORIZE THE RECORDING OF THE NOTICE
OF COMPLETION.
3.42*Award of Contract for Environmental Monitoring and
Reporting Services for the Neal Road Recycling and
Waste Facility - In October 2009, the Department of
Public Works (DPW) released a Request for Proposals
(RFP) for monitoring and report services at the Neal
Road Recycling and Waste Facility. Six proposals were
received and scored with URS Corp receiving the highest
score. Staff recommends awarding the contract to URS
Corp for a total cost of $211,327 - action requested -
AWARD CONTRACT TO URS CORP SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER; AND AUTHORIZE THE
DIRECTOR OF PUBLIC WORKS TO EXECUTE THE AGREEMENT ON
BEHALF OF THE COUNTY.
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3.43*Professional Environmental Engineering Services for
Development of Module 4, Phase D Base Liner for the
Neal Road Recycling and Waste Facility, County Project
757-5917 - approval is requested to award a contract to
Golder Associates, Inc. to provide a Module 4, Phase D
Base Liner design. The proposed total cost is $39,511
(department budget) - action requested - AWARD CONTRACT
TO GOLDER ASSOCIATES, INC. SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER; AND AUTHORIZE THE
DIRECTOR OF PUBLIC WORKS TO EXECUTE THE AGREEMENT ON
BEHALF OF THE COUNTY.
3.44*Resolution Approving and Adopting the Methodology for
the Annual Anticipated Disadvantaged Business
Enterprise (DBE) Participation Level of 13% for Federal
Fiscal Year 2009/2010 - As a condition of receipt of
federal funding for transportation projects, the County
must adopt a DBE program in compliance with Title 49
CFR, Part 26. On May 5, 2009, Butte County adopted
the California Department of Transportation (Caltrans)
DBE Implementation Agreement (Exhibit 9-A) and is now
required to adopt and submit the Annual Anticipated
DBE Participation Level calculations and methodology
(Exhibit 9-B) for FY 2009/2010 - action requested -
ADOPT RESOLUTION APPROVING AND ADOPTING EXHIBIT 9-B AND
AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE DIRECTOR OF
PUBLIC WORKS TO EXECUTE SUCH ADOPTION IN ORDER TO
FACILITATE SUBMISSION TO CALTRANS FOR APPROVAL ON
BEHALF OF BUTTE COUNTY.
3.45Palm Crest Village Subdivision Reimbursement
Agreement - the Community Housing Improvement Program
(CHIP), as owner of a majority of the lots within the
interior of the Palm Crest Village Subdivision in
Thermalito, has constructed Park Way, West Way and
portions of Crest Drive and Mountain Vista Drive to
County standards and formed County Service Area No. 181
for maintenance of the drainage systems and street
lighting. These improvements serve two lots (11 and
12) within the subdivision which are not owned by CHIP.
CHIP and the owners have agreed to a reimbursement in
the amount of $27,953 per lot prior to the issuance of
development permits. The County will collect the per
parcel amounts, temporarily deposit the funds into a
restricted cash account, and then forward to CHIP for
reimbursement - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE
CREATION OF RESTRICTED CASH ACCOUNT.
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S-
HERIFF
3.46*Resolution Recognizing Sheriff Perry Reniff Upon His
C
ORONER
Retirement from Butte County - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
T/
REASURER
3.47*Treasury Oversight Committee By-Laws - The Butte County
TC
AXOLLECTOR
Treasury Oversight Committee was established in April
of 2000 to allow local agencies and the public to
participate in the review policies that guide the
investment of public funds. While the mandate for the
existence of this committee was suspended by the State
of California in 2004, the Treasurer’s office has
elected to continue the program. In order to allow for
increased flexibility and reduction in costs, the
department has submitted amended By-Laws. These
amendments were approved and adopted by the committee
at their October 13, 2009 meeting - action requested -
ACCEPT FOR INFORMATION.
W
ATER AND
R
ESOURCE
3.48*Drought Status Report - The department has submitted
C
ONSERVATION
this report which details the current drought situation
in California and the Drought Task Force’s (DTF)
priorities for drought response - action requested -
ACCEPT FOR INFORMATION.
3.49*West Yost Associates - approval is requested for an
agreement with West Yost Associates to begin the
Integrated Regional Water Management Planning Process.
The term of the agreement is December 14, 2009 through
October 30, 2010 with a maximum amount payable of
$49,943 - action requested - APPROVE AGREEMENT AND
AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
O
THER
D
EPARTMENTS
3.50*Durham Mosquito Abatement District - action requested -
AND AGENCIES
REAPPOINT STEVE GALE AND JOHN “JACK” AZEVEDO TO TERMS
TO END DECEMBER 31, 2013.
3.51*Insufficient Nominee Appointments in Lieu of Election -
Rock Creek Reclamation District - action requested -
APPOINT PAUL BEHR AND BRUCE MCGOWAN AS TRUSTEES TO
TERMS TO END DECEMBER 6, 2013.
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BCBSA-D8,2009
UTTEOUNTY OARD OF UPERVISORS GENDA ECEMBER
3.52*Insufficient Nominee Appointments in Lieu of Election -
Sacramento River Reclamation District - action
requested - APPOINT PAUL BEHR AND BRUCE MCGOWAN AS
TRUSTEES TO TERMS TO END DECEMBER 6, 2013.
P
.
RESENTATION OF RESOLUTIONS ADOPTED ON THE CONSENT AGENDA
4.00RA
EGULARGENDA
B,
OARDS
C
OMMISSIONS AND
4.01*Boards, Commissions and Committees.
C
OMMITTEES
1.Appointments to Listed Vacancies.
2.Board Member or Committee Reports.
B,L
UDGETEGISLATIVE
CR
OROUNTYELATED
4.02Update on Current Budget and Legislative Issues by the
U
PDATES
Chief Administrative Officer.
4.03Update of General Plan 2030 Process by Director-
Development Services.
4.04*Update Regarding Upcoming Butte County Code Amendments.
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P
RESENTATION
D
ANDISCUSSION
4.05*Accept Unanticipated Revenue from the American Recovery
I
TEMS
and Reinvestment Act (ARRA) Stimulus Funds for
Implementation of Subsidized Employment Programs -
approval is requested to accept $3,500,000 in
unanticipated revenue to be used for the Subsidized
Employment Program which will allow for payments to
employers or third parties to help provide for costs of
employee wages, benefits, supervision, and training.
This program is self-funding and will not require the
use of any County discretionary funds. DESS currently
has an agreement with the Private Industry Council
(PIC) for the provision of Assessment Testing; Work
Experience Site Development and Enhancement Services;
and supportive services for CalWORKS Welfare-to-Work
participants. Approval is also requested for a related
amendment to the agreement with PIC for the
implementation of the Subsidized Employment Program
and to extend the term of the agreement through
September 30, 2010 - action requested - APPROVE BUDGET
TRANSFER(4/5 vote required) ACCEPTING AND APPROPRIATING
FUNDS AS DETAILED IN THE AGENDA REPORT; AND APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Department of Employment and Social Services)
4.06Items Removed from the Consent Agenda for Board
Consideration and Action.
Recess as the Butte County Board of Supervisors and
Convene as the In-Home Supportive Services Public
Authority Board.
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BC
UTTEOUNTY
I-HSS
NOMEUPPORTIVEERVICES
PAB
UBLICUTHORITYOARD
A
GENDA
D8,2009
ECEMBER
Call to Order
1.00- Butte County Board of Supervisors Room,
25 County Center Drive, Oroville.
2.00
Agenda Items
2.01*Resolution to Amend Resolution Number 2003-03 By
Deleting an Allocated Position - consideration of a
resolution to delete one position of Public Authority
Services Specialist. This change will decrease the
total allocations in the department from 5 to 4 -
action requested - ADOPT RESOLUTION AND AUTHORIZE THE
CHAIR TO SIGN.
Public Comment
3.00
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.
Closed Session
4.00
4.01CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT
CODE SECTION 54957.6:
LABOR NEGOTIATOR:CATHI GRAMS/LAURA BRUNSON/JACK
HUGHES
EMPLOYEE ORGANIZATION: CUHW
Adjournment
Adjourn as the Butte County In-Home Supportive Services
Public Authority Board and reconvene as the Butte
County Board of Supervisors.
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5.00PHTI
UBLICEARINGS AND IMEDTEMS
9:30 ..5.01*Timed Item - Presentation by a Representative from the
AM
California Department of Consumer Affairs Regarding
Available Services - action requested - ACCEPT FOR
INFORMATION.
9:45 ..5.02*Continued Public Hearing - Consideration of Planning
AM
Commission’s Recommendation of Denial Of General Plan
Amendment (GPA) 06-0002, Rezone (REZ) 06-0004) and
Tentative Subdivision Map (TSM) 06-0011 (Jones) -
consideration of a recommendation for denial for a
General Plan Amendment from Orchard & Field Crops to
Agricultural Residential; a Rezone from Agriculture
20-acre minimum to Suburban Residential 1-acre
minimum; and a Tentative Subdivision Map to divide two
parcels into 46 single-family lots and with a community
septic system. The project site is bounded by Durham-
Dayton Highway to the north, Burdick Road to the south,
and Turner Lane to the east and is located west of the
community of Durham. This item was continued open from
September 15, 2009 at the request of the applicant -
action requested - ADOPT RESOLUTION DENYING THE GENERAL
PLAN AMENDMENT, REZONE, AND TENTATIVE SUBDIVISION MAP
WITH FINDINGS AS DETAILED IN THE AGENDA REPORT.
(Department of Development Services)
10:15..5.03*Continued Public Hearing - Appeal of Planning
AM
Commission’s Denial of Tentative Parcel Map (TPM08-
0007) for South Oroville Land Development, LLC -
consideration of an appeal to divide two parcels,
totaling 732 acres into 28 parcels ranging in size from
20 to 52 acres. The project site is located east of
Palermo with access to the site off of Cox Lane. Staff
recommends denial of the appeal. This item was
continued open from November 10, 2009 due to a error on
the original public hearing notice - action requested -
ADOPT RESOLUTION DENYING THE APPEAL WITH FINDINGS AS
DETAILED IN THE AGENDA REPORT. (Department of
Development Services)
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UTTEOUNTY OARD OF UPERVISORS GENDA ECEMBER
..5.04* Public Hearing - Proposed Fee Increases in the Clerk-
10:30
AM
Recorder, Elections and Probation Departments -
consideration of a resolution to adopt proposed fee
increases following recent passage of SB676, which
allows fee increases in the Clerk-Recorder’s Office and
Juvenile Hall as detailed in the agenda report. The
Clerk-Recorder/Elections Office is also recommending a
number of increases as a result of an updated time
study and cost of service data. Along with the
requested fee increases, approval is requested for an
ordinance to remove the specific fee amounts in the
Butte County Code as fees are now reflected in the
-
Master Fee Schedule established on March 24, 2009
action requested - ADOPT RESOLUTION AND AUTHORIZE
THE CHAIR TO SIGN; AND ADOPT ORDINANCE AND
AUTHORIZE THE CHAIR TO SIGN. (Chief Administrative
Office)
10:45..5.05*Timed Item - Fire and Emergency Response Services
AM
Funding Options - The Board of Supervisors has
directed staff to explore options for funding
countywide fire and emergency response services. A
report will be provided that addresses funding options
for these services - action requested - ACCEPT FOR
INFORMATION AND PROVIDE DIRECTION TO STAFF AS NEEDED.
(Chief Administrative Office)
1:30..5.06* Timed Item - Consideration of Adjustments to the
PM
General Plan 2030 Land Use Designations in the Concow
and Yankee Hill Communities - The Concow Citizens’
Committee for General Plan 2030 and the Golden Feather
Community Alliance have requested further review
concerning land use designations in their communities -
action requested - TAKE PUBLIC COMMENT AND PROVIDE
DIRECTION TO STAFF AS NEEDED. (Department of
Development Services)
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6.00PC
UBLICOMMENT
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.
7.00CS
LOSEDESSION
7.01PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT/RECRUITMENT,
PURSUANT TO GOVERNMENT CODE SECTION 54957: CHIEF
ADMINISTRATIVE OFFICER.
7.02CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT
CODE SECTION 54957.6:
LABOR NEGOTIATORS: BILL AVERY/LAURA BRUNSON
EMPLOYEE ORGANIZATION:BCEA, BCMEA, CWA, DSA -
MANAGEMENT/SUPERVISORY
UNIT, DSA - GENERAL UNIT,
BCCOA - SUPERVISORY UNIT,
BCCOA - GENERAL UNIT, PPOA,
AND PEA.
7.03PUBLIC 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.
D8,2009
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7.04ACTUAL LITIGATION PURSUANT TO GOV. CODE SECTION
54956.9(a) - FOUR CASES
1.LAKE OROVILLE INTERVENTION (FERC PROJECT 2100);
2.SALERNO V. COUNTY OF BUTTE, USDC CASE 07-2157;
3.DRY CREEK COALITION V. NORTH CONTINENT LAND AND
TIMBER, ET AL.; BUTTE COUNTY SUPERIOR COURT CASE
NO. 144532; AND
4.WILLIAMS V. BUTTE COUNTY SUPERIOR COURT CASE NO.
137329.
D8,2009
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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.Consent Agenda: 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.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 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