HomeMy WebLinkAboutM031307B~rr~rf~. Ct~t:v~rv BonK[> or SimH~kv~s<~KS M~;vt~`rHa - Mnkc~~ 13, 2007
Ca1_led to order at 9:05 a.m. in the Board of Supervisors Room,
County Administration Building, 25 County Center Drive, Oroville.
Supervisors present: Connelly, Josiassen, Yamaguchi, Kirk and Chair
Dolan. Also present: Paul McIntosh, Chief Administrative Officer,
Bruce Alpert, County Counsel and Kathleen Moghannam, Associate
Clerk of the Board.
Pledge of. Allegiance to the Flag of the United States of America.
Observation of a Moment of Silence.
O ~7 O 5 - 0 O 1 CORRECTIONS AND f OR CHANGES TO THE AGENDA .
'l'imed Item - Stewardship Council Programs - the Land Conservation
Manager and the Youtr~. Investment Manage. for the Stewardship
Council will make a presentation regarding some of the
opportunities available through the Stewardship Council and haw
they may benefit Butte County. The Council is a private non-profit
organization. One of its primary goals is to ensure that over
140,000 acres of watershed lands throughout California are
conserved for a broad range of beneficial public values - action
requested - ACCEPT FOR INFORMATION. (Water and Resource
Conservation)
THIS ITEM WAS REMOVED FROM THE REGULAR AGENDA DUE TO A FAMILY
EMERGENCY OF THE REPRESENTATIVE WHO WAS GOING TO GIVE THE
PRESENTATION. IT WILL RETURN TO THE BOARD AT A LATER DATE.
ITEMS REMOVED FROM THE CONSENT AGENDA FOR BOARD CONSIDERATION OR ACTION (NONE
CONSENT AGENDA
0705-002 1. Woodson Lodge - amendment - approval is requested for an
amendment to the sole source agreement with Woodson Lodge for
the provision of residential board and care services for
Butte County Behavioral Health clients. The term. of the
agreement is July 1, 2005 through June 30, 2007. The maximum
amount payable is $63,146.30 which is a decrease of
$37,648.45. 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. X16202)
P~cE: 1 MARCH 13, 2007
B~rr~rH. Cot,!v~rv 6~~.~K~> tai.. SuE~N:KV~so~zs Mrn~rrH~s - Vl,~kc~i 13, 2007
0705-002 2. Tulare County Office of Education/California Friday Night
Live Partnership - approval is requested for the Department
of Behavioral Health's Community Ser.v.ce Division to enter
into a revenue agreement with the Tulare County Office of
Education to receive $20,000 in funding to implement the
Northern Regional Teen Leadership Training program. The term
of the grant is January 1, 2007 through September 30, 2007 -
action requested APPROVE AGREEMENT AND AU`I'IIOR:IZE THE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER; AND APPROVE A BUDGET TRANSFER B- (4f5 vote
required) ACCEPTING ANI~ APPROPRIATING UNANTICIPATED REVENUE
AS DETAILED IN THE AGENDA REPORT. (Contract No. R409?_6)
3. Merced Manor - amendment - approval is requested for an
amendment to the sole source agreement with Merced Manor for
the provision of Institution for Mental_ Disease (IMD}
services for chronic mentally disordered patients. The term
of the agreement is July 1, 2006 through June 30, 2007. The
maximum amount payable is $116,154.34 which is a decrease of
$144,480.14. 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. Xi6076)
4. Mentally Ill Offender Crime Reduction (MIOCR) III Grant -
Multi Agency Memorandum of Understanding (MOU) - approval is
requested for both an agreement with the State Board of
Corrections and for an MOU between the following
agencies/departments: Behavioral Health (BCDBH) Sheriff,
Probation, District Attorney, Superior Court, and the
Public Defender. On February 13, 2007, the Board approved
the MOU between the Sheriff' s office and BCDBH in which BCDBH
is designated as the agency to implement the grant. The
MIOCR program is known locally as Forensic Team Research
(FOREST). The first FOREST program was in operation from
2001-2004. The MOU will now implement FOREST II which will
provide integrated intensive services to mentally ill and
dually diagnosed individuals booked into the County Jail
between July 1, 2006 and July 1, 2008 with the goal of
reducing recidivism and encouraging independence. The term
of the MOU will be from January 1, 2007 through June 30,
2008. The maximum award of grant monies will be $999,995.
The current contract with the Department of Corrections and
Rehabilitation, Corrections Standard Authority provides for
$107,306 to be appropriated into the Fiscal Year 2006/2007
budget ~.aith the balance of funding to be addressed in the
Fiscal Year 2007J2008 proposed budget - action requested -
APPROVE AGREEMENTS AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND
APPROVE BUDGET TRANSFER B-287 (4/5 vote required) ACCEPTING
AND APPROPRIATING UNANTICIPATED FUNDS AS DETAILED IN THE
AGENDA REPORT.
Pact: 2 MAK<`H 13, 2047
131;"I"f E? COIN"hY BOARD OI'" SUI'H:RV ISORS MINU'T'ES - MARCEI l3, 2007
0705-002 5. William Avery and Associates, Inc. - amendment - approval is
requested for an amendment to the agreement with William
Avery and Associates, Inc. for labor relations consultation
and negotiation services. The term of the agreement is July
1, 2006 through June 30, 2007, with a monthly fee amount of
$3,600, plus reasonable travel expenses. The proposed
amendment adds language to the agreement providing that the
County will reimburse certain recruitment publication and
administrative costs. The appropriation for these services
is included in the 2006/2007 budget - action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN
SUBJEC`T' TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
6. Braddon Hatch amendment - approval is requested for. an
amendment to the agreement with Braddon Hatch who is
currently serving as a part-time public defender carrying a
50~ full time equivalent (FTE} caseload of juvenile cases.
Due to the death of part-time public defender, Robert King,
who was carrying a 20~ FTE caseload of mental health and
probate conservator cases, the Public Defender Consortium
has nominated Mr. Hatch to replace Mr. King effective March
1, 2007. Mr. Hatch's caseload will therefore be increased to
70o FTE - action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL
AND THE AUDI'T'OR-CONTROLLER.
7. Faramarz M. Yazdani of FMY, Inc. - amendment - approval is
requested for an amendment to the agreement with Faramarz M.
Yazadani of FMY, Inc., to assist the County Administrator's
Office with Federal Energy Regulatory Commission issues
associated with the re-licensing of the facility at Lake
Oroville. The proposed amendment adds an additional $40,000
for the services FMY, Inc. continues to provide to the
County - action requested -APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER; AND APPROVE BUDGET TRANSFER B-289
(4f5 vote required} ACCEPTING AND APPROPRIATING FUNDS AS
DETAILED IN THE AGENDA REPORT.
PACE: 3 MARCH 13, 2007
Bli'f"1'H: COUNTY B0~1RD OF SUPERVISORS ~'Zllti'li"I~ES - MARCH l3, 2007
0705-002 8. State of California, Department of Toxic Substances Control
(DISC} - approval is requested for an Inter-jurisdictional
Employee Exchange Agreement in order to assist the State in
enforcing the laws and regulations governing the generation,
storage, transportation and disposal of hazardous waste. The
agreement authorizes funding for one position of Supervisor,
Deputy District Attorney for the period of March 15, 2007
through March 14, 2009 with a maximum amount payable of
$352,'762. 'I'he employee shall be assigned by the District
Attorney to the State of California, DISC to serve as Deputy
Director, Enforcement Program - action requested -APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE
BUDGET TRANSFER 8-290 (4/5 vote required) ACCEPTING AND
APPROPRIATING UNAN'T'ICIPATED REVENUES AS DETAILED IN THE
AGENDA REPORT.
9. Budget Transfer - approval is requested for a mid year
adjustment to the final Fiscal Year 2006/2007 budget revenues
for the CalWORKS program. The purpose of the transfer is to
bring the budgeted CalWORKS state revenue in line with actual
state allocations for the year. This adjustment wi11 not
change the total revenues or budgeted expenditures for. the
program - action requested - APPROVE BUDGET TRANSFER B-291
ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA
REPORT.
10. Esplanade Office - approval is requested for an agreement
with Esplanade Office for modular furniture for the
AuditorjController's Office. Funding was previously approved.
to remodel and replace furniture in the Auditor/Controller' s
Office. Request for Proposals 76-07 was sent to twenty-two
modular furniture dealers and six responses were received.
Esplanade Office submitted the proposal that best met the
needs of the Auditor/Controller and received the highest
evaluation score from the evaluation committee - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN.
11. Advanced Step Hire - pursuant to Personnel Rules, Section
11.13, the Sheriff's Department is requesting approval for
the Advanced Step Hire of a Deputy Sheriff to Step 5 of the
Deputy Sheriff salary range, retroact-ve to February 10,
2007, based on extensive experience. The Director-Human
Resources concurs with the request - action requested -
APPROVE THE ADVANCED STEP HIRE OF A DEPUTY SHERIFF TO STEP
5 OF THE DEPUTY SHERIFF SALARY RANGE.
PAGF. 4 iVIARCH 13, 2007
I3U"1''1'E COIiy~'I~Y' BOARU OF SI;PH~RVISORS MINU"I't?S - MARCH 13, 2007
0705-002 12. Advanced Step Hire - pursuant to Personnel Rules, Section
11.13, the District Attorney is requesting approval for the
Advanced Step Hire of a Supervisor, I:~eput.y District Attorney
t,o Step 7 of the appropriate salary range based on extensive
experience. The Director-Human Resources concurs with the
request -action requested - APPROVE THE ADVANCED STEP HIRE
OF A SUPERVISOR, DEPUTY DISTRICT ATTORNEY TO STEP 7 OF THE
APPROPRIATE SALARY RANGE.
13. Resolution to Amend the Salary Ordinance - the department has
prepared a resolution which will amend the salary ordinance
as follows: DISTRICT ATTORNEY -adds one sunset position of
Supervising Deputy District Attorney, pursuant to the State
of California Inter-jurisdictional Employee Exchange program.
The position end date is June 30, 2007. PROBATION - deletes
one vacant position of Information Systems Technician
Associate or Information Systems ~I'echnici.an or Information
Systems Technician Senior and adds one position of
Information Systems Analyst or Information Systems Analyst
Associate. The department's computer programing needs and
database tasks have changed and the abcwe change will allow
for hiring of an employee with a greater range of skills;
The department also requests to add two sunset positions of
Probation Officer III or Probation Officer II or Probation
Officer I to end June 30, 2008 and adds one sunset position
of Probation Technician to end June 30, 2008. These three
positions will be funded by the Mentally Ill Crime Reduction
Grant Program, known locally as the Forensic Resource Team
(Forest II) PUBLIC WORKS - reduces one vacant full time
position of Engineering Technician Senior or Engineering
Technician Associate or Engineering Aide to a 75% position.
DEVELOPMENT SERVICES - deletes one vacant position of
Building Inspector or Building Inspector Senior and adds ane
position of Building Inspector Supervisor. AGRICULTURE -
extends a current sunset position of one Agriculture
BiologistfWeights & Measures Inspector I from June 30, 2007
to June 30, 2008 in order to carry out Irrigated lands
Conditional Waiver Program Activities - action requested -
ADOPT RESOLUTION NO. 07-044 AND AUTHORIZE THE CHAIR TO SIGN.
14. Linda Lewis - amendment - approval is requested for an
amendment to the agreement with Linda Lewis for the provision
of epidemiology services. The amendment extends the term of
the contract to June 30, 2007, increases the maximum
amount payable by $15,500, and revises the agreement's
exhibits to reflect the changes - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Contract No. X15478)
PacF 5 MARCH 13, 2007
BU~1'"1'1'. C~OUN'1~1' BOARD OF Sl'PERVISORS MIND"1'6:5 - MARCH l 3, 2007
0705-002 15. Department of Health Services approval is requested for an
agreement with the Department of .Iealth Services. The State
will provide a total of $67,683 to fund immunization
programs. A $52,683 portion of the grant will be used to
cover activities that wi]1__ r_ai_se immunization le~rels of
infants, preschool, and school aged children, and the
remaining $15,000 will be used t.a fund Perinatal Hepatitis
B activities. Appropriations for this grant are included in
the current budget - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. R40930)
16. Herbicide Spray Truck Rehabilitation - approval is requested
for appropriation of funds for the rehabilitation and
modernization of the herbicide spray truck equipment used to
perform weed abatement countywide. The current equipment
is over fourteen years old and has required frequent repairs
to remain in service. The requested modernization will-
reduce dawn time due to repairs, minimize environmental
concerns due to increased equipment efficiency therefore
reducing the amount of herbicide used, and reduce labor hours
by utilizing GIS mapping capabilities with precise mapping
of spray areas . As the truck is used in County Service Areas
(CSA), funds will be recouped by rental charges to the CSAs -
action requested - AUTHORIZE REHABILITATION AND MODERNIZATION
OF THE TRUCK; AND APPROVE BUDGET TRANSFER B-292 (4/5 vote
required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN
THE AGENDA REPORT.
17. 2007 Chip Seal and Micro-Surfacing Project - authorization
is requested for the solicitation. of bids for the sealing and
resurfacing of roads in Butte County. At the December 12,
2006 Board of Supervisors meeting, the Board directed Public
Works to develop specifications for a contract implementing
a portion of the maintenance plan. The specifications are
included in the agenda report. After receiving the bids, the
Department will return to the Board to recommend award of the
contract - action requested - AUTHORIZE THE DIRECTOR OF
PUBLIC WORKS TO SOLICIT BIDS FOR THE 2007 CHIP SEAL AND
MICRO-SURFACING PROJECT.
18. Resolution for Acquisition of Real Property for Public Raad
Purposes - Loma Rica Road over South Honcut Creek Bridge -
consideration of a resolution authorizing the Director of
Public Wor}cs to negotiate and sign right of way agreements
for the construction of the Loma Rica Road over the South
Honcut Creek Bridge - action requested - ADOPT RESOLUTION 07-
045 AND AUTHORIZE THE CHAIR TO SIGN.
p~cF 6 MARCH 13, 2007
B~:'~r.r~. Couw~rv Bc~.~k~> ~~F~ SUPI?RVISORS 1~~1i~~~~rFa - M.aHCfi l3, 2007
0?05-00?. l_9. RBF Consul_t.ng - amendment approval is requested for an
amendment to the agreement with RBF Consulting for an
engineering analysis of the existing Thermalito Master
Drainage Plans and to prepare recommendations for
modifications. The original contract duration was for 21..7
calendar days from the Notice to Proceed. The contractor- has
requested an additional 2.2.3 calendar days to complete the
technical engineering analysis and drainage plan update. `I'he
update is now scheduled to be completed by May 22, 2007. All
other terms and provisions remain the same - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR
'I'O SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Contract No. X159:19}
20. Permission to Cross a One E~'oot No-Access Strip on Falco
Court - approval is requested by Sondra. K. Simpson, the owner
of lot 401 on Falco Court (APN 069-300-036?, to cross the one
foot no-access strip for the construction of a new driveway.
The primary purpose is to construct garage access at the same
level as the main living area on the steeply sloped lot. The
Department of Public Works has no objection to the request -
act.i.on requested - APPROVE REQUEST TO CONSTRUCT NEW DRIVEWAY
ACROSS THE ONE FOOT NO-ACCESS STRIP.
21. Reuse Assistance Grant - the Department of Public Works is
r-equesting authorization to submit an application for the
Reuse Assistance Grant offered by the California Integrated
Waste Management Board. Butte County would act as the lead
public agency for this grant can behalf of the Work Training
Center (WTC) If awarded, grant funds would be used for the
purchase of tools used by clients of the WTC for
manufacturing items associated with WTC's Feather River
Industries and Bear Mountain Gifts operations - action
requested - ADOPT RESOLUTION 07--046 AND AUTHORIZE THE CHAIR
TO SIGN; AUTHORIZE THE BUTTE COUNTY PUBLIC WORKS DEPARTMENT
TO ACT AS THE LEAD AGENCY FOR THE PliRPOSE OF APPLYING FOR AND
ADMINISTERING THE GRANT; AND AUTHORIZE DIRECTOR OF PUBLIC
WORKS, OR DESIGNEE, TO EXECUTE ALL DOCUMENTS ASSOCIATED WITH
SECURING THE GRANT FUNDING AND IMPLEMENTING THE PURPOSES
SPECIFIED IN THE GRANT APPLICATION.
22. JND Thomas Co., Inc. - approval is requested for an agreement
with JND Thomas Co., Inc. to remove sludge and solids from
the primary septage pond located at the Neal Road Sanitary
Landfill. In December 2006, the Department of Public Works
released a Request for Proposals, and on February 9, 2007
proposals were received from four firms specializing in
sludge and solids removal. The maximum payable will not
exceed $669,139 - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEGI BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE BUDGET
TRANSFER B-293 (4j5 vote required) ACCEPTING AND
APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT.
PAGF, 7 MARCH 13, 2007
BU'1"1'E CORN"TY BOARD U1~ SIiPERVISORS MINU"f ES - M~1R('FI 13, 2007
0705-002 23. Adoption of an Ordinance Establishing Speed Limits on Certain
Roads within the County of Butte - approval is requested for
an ordinance which will set the following speed zones:
Kennedy Avenue from Meridian Road to Hwy 32 - 35 mph;
Meridian Road from West Sacramento Avenue to Wilson Landing
Road - 45 mph; Nord Highway from Carmen Lane to City Limits ~-
50 mph; Oak Way from Meridian Road to City Limits - 35 mph;
West Sacramento Avenue from Meridian Road to City Limits - 45
mph; Lincoln Boulevard frcm Palermo Road to Monte Vista
Avenue - 40 mph; Ophir Road from Lincoln Boulevard to 0.2
miles east and from Upper Palermo Road to 0.2 miles west - 45
mph - action requested - ADOPT ORDINANCE NO. 3958 AND
AUTHORIZE THE CHAIR TO SIGN. (From 2-27-07 [3.33])
24. Adoption of an Ordinance of the County of Butte Amending
Sections 20-50, 20-50.5, 20-51, 20-52, and 20-53 of Chapter
20, Subdivisions, of the Butte County Code - approval is
requested for an ordinance which will amend the Butte County
Code to reference the County's policy on the acceptance of
roads into the County Maintained Mileage. The department
will bring an applicat=ion fee recommendation back before the
Board at a noticed public hearing at a subsequent meeting -
action requested - ADOPT ORDINANCE NO. 3959 AND AUTHORIZE THE
CHAIR TO SIGN. {From 2-27-07 [3.35])
25. Budget Transfer - approval is requested to transfer $1,460
from the Civil Maintenance Trust in order to pay for tuition
and training expenses. The Civil Sergeant and the Director
of Sheriff Information Systems will receive the training to
understand, manage and maintain the Sirron Software system -
action requested - APPROVE BUDGET TRANSFER B-294 (4j5 vote
required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN
THE AGENDA REPORT.
26. Fixed Asset Purchases and Budget Transfers - approval is
requested for the purchase of two software modules: one for
the Central Collections Division and one for the Property Tax
Division. Central Collections requests to purchase the
California Employment Development Department Module to
enhance the CUBS system in order to eliminate hours of
research and increase the productivity of Revenue and
Reimbursement Officers. The Property Tax Division requests
approval to purchase the Recorder Lien Export/Import Module
to enhance the Megabyte System to enable the exchange of
property tax lien documents electronically with the Clerk-
Recorder's office, eliminating the manual entry of
information into two separate programs - action requested -
APPROVE FIXED ASSET PURCHASES; AND APPROVE BUDGET TRANSFERS
B-295 {4j5 vote required) ACCEPTING AND APPROPRIATING
UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT.
P~GF 8 MftRCH 13, 20Q7
Bu~i°r~~. Cc~uN~rv BonRU car SuE~H:RV~sc~RS Mt~U~r~;s - i~'I~~RCH l3, 2007
0705-002 27. Recommendation of the Butte Col,inty Water Commission for
Submittal of_ a Concept Proposal to the CALFED Watershed
Program - approval is requested for the submittal of a
concept proposal t,o the CALFED Watershed Program in
cooperation with the Big Chico Creek Watershed Alliance for
watershed modeling. Funding is anticipated from the CALFED
Watershed Program which has "~10 million for disbursement
under their 2007 Proposal. Solicitation Package. The concept
proposal is due by March I6, 2007 - action requested -APPROVE
SUBMITTAL OF A CONCEPT PROPOSAL AND AUTHORIZE CHAIR TO SIGN
A LETTER OF INTENT; AND AUTHORIZE THE DIRECTOR OF WATER AND
RESOURCE CONSERVATION TO SIGN APPROPRIATE APPLICATION
DOCUMENTS.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
REGULAR AGENDA
0705-003 Boards, Commissions and Committees.
Appointments to Listed Vacancies. (NONE)
CHAIR DOLAN DID NOTE THAT THERE IS NOW A VACANCY FOR A MEMBER FOR
DISTRICT 2 ON THE COMMUNITY ACTION AGENCY AS KATE LANGE, WHO WAS
RE-APPOINTED ON FEBRUARY 13, 200?, HAS MOVED OUT OF THE AREA.
2.. Board Member or Committee Reports. (120}
SUPERVISORS CONNELLY AND JOSIASSEN REPORTED ON THEIR ATTENDANCE AT
THE NATIONAL ASSOCIATION OF COUNTIES (NACO) IN WASHINGTON D.C. AND
THEIR MEETINGS WITH VARIOUS REPRESENTATIVES.
SUPERVISOR YAMAGUCHI REPORTED THAT HE IS STILL WORKING ON THE
RESOLUTION REGARDING FIRE SAFE TOWERS AND IS LOOKING FOR FUNDING
OF A BILL AT THE STATE LEVEL. HE ALSO REPORTED THAT HE WILL BE
ATTENDING A PUBLIC SLOPING SESSION ON THURSDAY, MARCH 15, 2007 IN
PARADISE REGARDING A BIKE PATH.
PAGE 9 MARCH 13, 2007
$(I'~"1'E Ct)UN"1'Y HOARD OF SIPERVISORS 1VIINUTES - M;~RCH 13, 20[17
REGULAR AGENDA
0705-004 Update on Current Budget and Legislative Issues by t:he Chief
Administrative Officer. (364) PAUL MCINTOSH, CHIEF ADMINISTRA`f.'IVE
OFFICER, ALSO REPORTED ON 'THE NACO CONFERENCE IN WASHINGTON D.C.
AND INI~ICAI'ED THAT THERE APPEARED TO BE A fF;IGHTENED AWARENESS OF
'I'f~E RE--LICENSING OF `IfIE OROVILLE DAM ISSUE. HE MET WITH A
REPRESENTATIVE WHO OVERSEES WATER AND RESOURCE ISSUES FROM SENATOR
FEINSTEIN`S OFFICE. BU'T'TE COUNTY WAS REQUESTED TO SUBMIT
QUESTIONS THAT HOUSE REPRESENTATIVES CAN USE WHEN SPEAKING TO
DEPARTMENT OF WATER RESOURCES REGARDING THE RE-LICENSING ISSUE
DURING HEARINGS. HE DELIVERED A PRESENTATION AT THE NACO
CONFERENCE ON BUTTE COUN`TY'S RESOLUTION FOR NACO TO TAKE INTO
ACCOUNT ON NACO`S PLATFORM THE IMPACTS OF HYDRO-ELECTRIC POLICIES
ON HOST COMMUNITIES. THERE. WAS A UNANIMOUS CONSENSUS I'O MOVE THE
RESOLUTION FORWARD TO THE ENERGY AND LAND USE {ELU) COMMITTEE.
THERE WAS UNANIMOUS SUPPORT FROM ELU THE NEXT DAY. THE BOARD OF
DIRECTORS OF NACO ADOPTED IT AS PART OF THFsIR PLATFORM. THE
RESOLUTION IS PART OF NACO'S ADOPTED POLICY. A COPY OF I'HE
RESOLUTION WILL BE FILED WITH THE FEDERAL, ENERGY REGULATORY
COMMISSION THIS WEEK. MR. MCINTOSH ALSO REPORTED ON THE CSAC `T'ASK
FORCE ON UNIVERSAL HEALTH CARE. HEALTH OFFICIALS AND COUNTY
OFh':ICIALS CAME TOGETHER TO DETERMINE WHAT UNIVERSAL HEALTH CARE'
LOOKS LIKE FROM THE COUNTY PERSPECTIVE AND WHAT SHOULD THE
COUNTY'S POSITION BE IN REGARDS TO UNIVERSAL HEALTFI CARE IN
REACTING TO AND LOBBYING ABOUT THE ISSUE.
PAUL MCINTOSH INTRODUCED SUSAN DONAHUE, THE DIRECTOR OF FARM, HOME
AND 4-H WHO WAS IN CHAMBERS TO INTRODUCE THE NEWEST MEMBER OF HER
STAFF, 4-H YOUTH DEVELOPMENT ADVISOR, DR. MATTHEW PORTIO.
0705-005 Update of General Plan Process by Director-Development Services.
TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES, GAVE AN UPDATE ON
1'HE GENERAL PLAN 2030 PROCESS. HE REVIEWED FUTURE MEETINGS, THE
GENERAL PLAN 2030 WEBSITE, AND OTHER INFORMATION RELATED TO
GENERAL PLAN 2030. HE PROVIDED A GENERAL PLAN BRIEFING BOOK THAT
WILL BE AVAILABLE AT THE MEETING ON THURSDAY MARCH 15, 2007.{701}
PacF: to M.a-zc~~ 13, 2007
Bt~7°I'N. COt~h'1'Y BOARD O1~ SUPH:RVISORS MINt~'1'F:S - ~1ARCtl 13, 2007
REGULAR AGENDA
0705-006 Draft Environmental Impact Report (EIR) for North Chico Retail
(Wal-Mart) and Annexation Project - consideration of a draft
letter which includes comments from, De~~relopme.nt Ser°rces, Public
Works, Butte County Fire/CAL-FIRE, and the Environmental Health
Division. The letter is in response to the City of Chico's
request for comments on a Draft EIR for the North Chico Retail
{Wal-Mart) and Annexation project. The review period closes on
March 2.1, 2007 - action requested - REVIEW THE LETTER AS SHOWN IN
AGENDA REPORT AND INSTRUCT STAFF TO DELIVER TO CITY OF CHICO PRIOR
TO THE CONCLUSION OF THE REVIEW PERIOD. {Development
Services)(1247)(1488}
MOTION: I MOVE TO APPROVE THE LETTER WITH THE AMENDMENTS `I'O THE LETTER
INCLUDING: CHANGING THE WORD "SHOULD" 'TO "MUST"; AN INDICATION
THAT THE BOARD BELIEVES THE EIR IS DEFICIENT UNhLsSS THE COMMENTS
IN THE LETTER FROM BUT`T'ES COUNTY ARE ADDRESSED; ADDING STRONG
STATEMENTS REGARDING SIDEWALKS AND TRAFFIC SPECIFICALLY RELATED TO
THE SCHOOL IN THE AREA; THE ADDITION OF PAGE NUMBERS; AND A
STATEMENT AT THE END OF THE LETTER THAT THE BUT':IE COUNTY BOARD OF
SUPERVISORS APPROVED THE .LETTER.
M 2
VOTE: 1 Y 2. Y 3 Y 4 Y 5 Y (Unanimously Carried)
RECESS: :1.0:15 a.m.
RECONVENE : 1.0:2 6 a . m .
PncF 11 MARCH 13, 2007
Bl!~'1'"I'E COUNTY BO,~F2D O1~' SUPH:KI~ISORS MIN(~~~'`I'ES - 1~~1ARCH 13, 2007
REGULAR AGENDA
0705-007 Proposed Land Exchange between California Department of Fish and
Game, the Feather River Recreation and Park District, and the
County of Butte - staff direction is requested for a proposed land
exchange. Under the proposal, the County of Butte would transfer
one parcel of County-owned property to the State of California and
one parcel to the Feather River Recreation and Park District. The
Department of Fish and Game would concurrently transfer real
property adjacent to Feather River Park to the Feather River
Recreation and Park District. One of the two properties that the
County would transfer is the "Rabe Road" property, consisting of
approximately seventy acres that was acquired by the County in
1.970 with the intent, of using the property as a solid waste
disposal site. A change in regulations governing the disposal of
solid waste prevented the County from using the site for that
purpose. The second parcel is the "Feather River" property
consisting of 3.8 acres located between Pacific Heights Road and
the Feather River. This parcel was deeded to the County in 1977
for "any public use for which the County now has, or iri the future
will have." Pursuant to Government Code Section 25365, the
transfers would be permitted where it is determined that the
property to be transferred is not required for County use and will
provide a public benefit - action requested -PROVIDE STAFF
DIRECTION TO GO FORWARD WITH NEGOTIATIONS AND TO PREPARE THE
NECESSARY DOCUMENTS TO FACILITATE THE TRANSFERS; THE ITEM WILL
THEN COME BACK BEFORE THE BOARD TO CONSIDER IMPLEMENTATION.
(County Counsel}
MR. SHARKEY OF FEATHER RIVER RECREATION AND PARK DISTRICT AND MR.
LARRY GRUNDMAN, BUTTE COUNTY WATER COMM:LSSIONF.R, SPOKE AS WELL AS
BRUCE ALPERT, COUNTY COUNSEL.
MOTION: I MOVE TO GIVE DIRECTION TO STAFF' TO GO FORWARD WITH NEGOTIATIONS
AND TO PREPARE NECESSARY DOCUMENTS TO FACILITATE THE TRANSFERS AND
TO BRING THIS ITEM BACK BEFORE THE BOARD.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried}
PACT t2 MARCH 13, 2007
BU'1"1'H: COIIN"1`Y SO~lF2D O1~' SUNER~'IS012S MIND"fb:S- MARC11 13, 2007
REGULAR AGENDA
0705-008 Traffic Findings on West Sacramento Avenue at the Intersection
with Glenwood and Bidwell Avenues - the Department of Public Works
investigated this intersection to determine whether it meets the
Manual of Uniform Traffic Control. Devices guidelines for a four-
way stop. The department has recommended the following actions
whether or not the four way stop is approved: 1. Installation of
larger 36" x 36" R-1 "STOP" signs on the Glenwood and Bidwell
Avenue legs of the intersection and an upgrade of the reflectivity
of both the "STOP" and "STOP AHEAD" signs for increased
visibility; 2. Installation of W2-2 Intersection Ahead Warning
signs on West Sacramento Avenue at east and westbound approaches;
and 3. Request PG&E installation of streetlight on an existing
power pole on northeast corner of West Sacramento Avenue - action
requested -
1. NO ACTION AT THIS TIME TO ESTABLISH A FOUR-WAY STOP; AND
DIRECT THE DEPARTMENT TO COMPLETE ACTIONS #1 , 2 , AND 3 AS DETAILED
ABOVE AND IN AGENDA REPORT;
OR
2. INSTALL A FOUR-WAY STOP; ADOPT RESOLUTION 07-046(a) AND
AUTHORIZE THE CHAIR 'IO SIGN; AND DIRECT THE DEPARTMENT TO COMPLETE
ACTIONS #l, 2 AND 3 AS DETAILED ABOVE AND IN AGENDA REPORT.
(public Works}
RACHEL NICODEMAS, A STUDENT AT PLEASANT VALLEY HIGH SCHOOL AND HER
FATHER, CHRIS NICODEMAS, A FORMER CHP OFFICER BOTH SPOKE IN FAVOR
OF THE FOUR-WAY STOP AND BOTH REFERENCED A TRAFFIC ACCIDENT ON
WEST SACRAMENTO AVENUE IN 2006 THAT KILLED TWO CHICO TEENAGERS.
PLEASANT VALLEY HIGH SCHOOL STUDENTS PROVIDED A PETITION TO CHAIR
DOLAN SIGNED BY 172 STUDENTS ASKING THE BOARD TO IMPLEMENT THE
STOP SIGNS.
MOTION: I MOVE TO APPROVE THE OPTIONAL ACTION (#2) TO INSTALL A FOUR-WAY
STOP; TO PUT LARGER AND MORE REFLECTIVE STUNS AND ASK PG&E TO
INSTALL A STREETLIGHT AT THE EXISTING POWER POLE.
M 2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried}
0705-009 Proposition 1B, Projected Project List - approval is requested for
allocation of approximately $3.1 million in Proposition 1B funds
designated for the County in the Governor's proposed budget. The
Department of Public Works has provided capital project options
and recommendations in the agenda report on how to budget the
Proposition 1B funds - action requested - APPROVE THE ALLOCATION
OF PROPOSITION 1B BOND FUNDS; AND DIRECT PUBLIC WORKS TO UPDATE
THE COUNTY'S ROADS AND BRIDGES CAPITAL IMPROVEMENT PROGRAM TO
REFLECT THIS NEW FUNDING SOURCE. (Public Works} (*300)
PAGE 13 MARCH 13, 2007
BU ~.1'E COIIN'1'Y F30ARD (?1~' SIiPH;RVISORS
~71NU'1'H:S-MA12CH 13,2007
MOTION: I MOVE TO APPROVE THE ALLOCATION OF'3.1 MILLION AS PROPOSED BY THE
PUBLIC. WORKS DIREC`T'OR.
M 2
VOTE: 1 Y 2 Y 3 Y 4 `I 5 Y (Unanimously Carried}
0705-O11 Items Removed from the Consent Agenda for Board Consideration and
Action. (NONE)
PUBLIC HEARINGS AND TIMED ITEMS
0705-O11 Public Hearing - Sub-Grant Agreement with Tri County Economic
Development Corporation (TCEDC) - approval is requested for a sub-
grant agreement with TCEDC to supercede the agreement executed on
August 24, 1999 which provided for the administration and
management of the County's Community Development Block Grant
(CDBG) Business Expansion/Retention Loan Fund. The fund is a
revolving fund that is used for Economic Development activities
within CDBG regulations. The new agreement will allow the
repayments of business loans to return to the County as de-
federalized funds, thus reducing reporting requirements and
federal restrictions. Since these funds are managed and housed by
TCEDC, there i.s no budgetary action required for the payment of
services - action requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER; AND ADOPT RESOLUTION 07-047 AND AUTHORIZE THE CHAIR TO
SIGN. (Administration}
PUBLIC HEARING OPENED: 11:10 a.m.
PUBI~I C FEARING CLOSED : l l : l1 a . m .
MOTION: I MOVE TO APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
AND GIVE STAFF AUTHORIZATION TO MAKE MINOR CHANGES TO RESOLUTION
IF STATE REQUIRES IT.
2 M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried}
0705-O12 Timed Item - Analysis of First Time Home Buyer Program Funded by
a Community Development Block Grant - the Executive Director of
Tri-County Economic Development Corporation will be presenting
findings of a feasibility study regarding the development of a
first time home buyer program within the unincorporated areas of
Butte County -- action requested - ACCEPT FOR INFORMATION.
(Administration) (*1000) 01865)
PRESENTATION BY MARC NEMANIC, THE EXECUTIVE DIRECTOR OF TRI-COUNTY
ECONOMIC DEVELOPMENT CORPORATION. THE BOARD REQUESTED THAT HE
RETURN WITH A PROPOSAL AT A FUTURE DATE.
PAGF td MARCH 13, 2007
Bu~r~rH. Cotlw~r~~ Bo~~t~~ c~H~ SIPH;RVISORS tilrnu~res - M;1KC~i 13, 2007
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 a~:t~on on any item not.
listed on the agenda. (NONE}
CLOSED SESSION
0705-013 RECESS: THE BOARD RECESSED AT 11:45 a.m. TO A CLOSED SESSION
CONFERENCE REGARDING ACTUAL LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9 (a}: 1. LAKE OROVILLE
INTERVENTION (FERC PROJECT 2100) 2. PCB&E V. STATE
BOARD OF EQUALIZATION; FRESNO COUNTY SUPERIOR COURri'
CASE NO. 05 CE CG 00003 MWS 3. SHELI'ON V. BUTTE
COUNTY; USDC CIV-S-97-1309 MILSjPAN 4. JAMES WILSON
AND DENNIS MORELAND V. COUNTY OF BUTTE;, ET AL; BUTTE
COUNTY SUPERIOR COURT CASE NO. 139259 AND INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9
(c} - ONE POTENTIAL CASE
RECONVENE: THE BOARD RECONVENED AT 1:20 p.m. FROM A CLOSED SESSION
CONFERENCE REGARDING ACTUAL LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9 (a) 1. LAKE OROVILLE
INTERVENTION (FERC PROJECT 2100) 2. PG&E V. SrCATE
BOARD OF EQUALIZATION; FRESNO COUNTY SUPERIOR COURT
CASE NO. 05 CE CG 00003 MWS 3. SHELTON V. BUT`T'E
COUNTY; USDC CIV-S-97-1309 MILSjPAN 4. JAMES WILSON
AND DENNiS MORELAND V. COUNTY OF BUTTE, ET AL; BUTTE
COUNTY SUPERIOR COURT CASE N0. 139259 AND INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9
(c} - ONE POTENTIAL CASE {NO ANNOUNCEMENTS)
ADJOURNMENT THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD, THE
MEETING WAS ADJOURNED AT 1:20 p.m., TO RECONVENE AT A
REGULAR MEETING OF THE BOARD TO BE HELD TUESDAY, MARCH 27,
2007, AT 9:00 A.M.
ATTEST:
JANE DOLAN, CHAIR
Paul McIntosh, Chief Administrative
Officer and Clerk of the Board
By:
PAC.F 7; MnRCH 13, 2007